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HomeMy WebLinkAbout2010-06-14 MinutesPlanning Commission June 14, 2010 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 14, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent. MINUTES: May 24, 2010 Page 3 ACTION TAKEN Approved CCP 10-3573: Concurrent Plat (TWIN CREEKS VILLAGE LOT 19B, 172): Page 3 Approved New Business: CUP 10-3577: Conditional Use Permit (BOB DAUGHERTY N. 85TH AVENUE, 470) Page 4 Approved CUP 10-3579: Conditional Use Permit (CORNERSTONE 2594 E JOYCE BLVD, 176) Page 5 Approved CUP 10-3580: Conditional Use Permit (PATHWAY BAPTIST CHURCH 972 W. DOUGLAS STREET, 444) Page 6 Approved CUP 10-3581: Conditional Use Permit (PERKINS 25 S. GRAHAM AVENUE, 521) Page 7 Approved RZN 10-3578: Rezoning (JORDAN /1130 N. GARLAND AVENUE, 405) Page 8 Denied Planning Commission June 14, 2010 Page 2 of 8 MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Andy Lack STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Andy Lack called the meeting to order. Commissioner Lack requested all cell phones to be turned off, and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioners Bunch, Chesser, Earnest and Kennedy. Planning Commission June 14, 2010 Page 3 of 8 Consent. Approval of the minutes from the May 24, 2010 Planning Commission meeting. CCP 10-3573: Concurrent Plat (TWIN CREEKS VILLAGE LOT 19B, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at THE SW CORNER OF THE INTERSECTION OF EAST VAN ASCHE DRIVE AND NORTH STEELE BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 5.11 acres. The request is for a commercial subdivision with 5 lots and associated parking. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Planning Commission June 14, 2010 Page 4 of 8 New Business: CUP 10-3577: Conditional Use Permit (BOB DAUGHERTY N. 85TH AVENUE, 470): Submitted by BATES & ASSOCIATES for property located at NORTH 85TH AVENUE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 10.39 acres. The request is to allow a tandem lot on the subject property. Dara Sanders, Current Planner, gave the staff report discussing the background of the request. Derrick Thomas, applicant, offered that he was available for comment. There was no public comment. Kit Williams, City Attorney, asked the applicant if he was in agreement with the conditions of approval set forth in the staff report. Derrick Thomas, applicant, stated that, yes, they agree with the conditions of approval. Motion: Commissioner Cabe made a motion to approve. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Planning Commission June 14, 2010 Page 5 of 8 CUP 10-3579: Conditional Use Permit (CORNERSTONE 2594 E JOYCE BLVD, 176): Submitted by CLINTON BENNETT for property located at 2594 E. JOYCE BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.3 acres. The request is to allow a pharmacy, Use Unit 15, in the R -O Zoning District. Dara Sanders, Current Planner, gave the staff report. Clinton Bennett, applicant, had no additional comments but offered that he was here for any questions. There was no public comment. Commissioner Cabe inquired as to the hours of operation. Clinton Bennett, applicant, asked about extending the hours to 5 PM on Saturday. He also asked if this permit would this affect the number of employees we can have. Can we have more than we described in our application? Kit Williams, City Attorney, stated that the number of employees is not a condition of approval. Commissioner Lack said expanding the hours of operation was okay with him. Andrew Garner, Senior Planner, confirmed that there was no limitation on the hours of operation in the other surrounding property in R -O zoning. Motion: #1: Commissioner Hoskins made a motion to strike condition of approval #1. Commissioner Cabe seconded the motion. Upon roll call the motion to strike was approved with a vote of 5-0-0. Motion: #2• Commissioner Cabe made a motion to approve the request as amended. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. CUP 10-3580: Conditional Use Permit (PATHWAY BAPTIST CHURCH 972 W. DOUGLAS Planning Commission June 14, 2010 Page 6 of 8 STREET, 444): Submitted by JEREMY FLANAGAN for property located at 972 W. DOUGLAS STREET. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0. 14 acre. The request is to allow a church use, Use Unit 4, in the RMF -40 Zoning District. Andrew Garner, Senior Planner, presented the staff report describing the setting of this property adjacent to the university and off -campus student housing, and discussed the request for a church ministry use on the property. Jeremy Flanagan, applicant, requested to amend some of the conditions of approval listed in the staff report to allow for the weekly lunch on one day of the week, not only on Thursdays. They would ask to allow up to 50 person occupancy, as approved by the Fire Marshall. There was no public comment. Commissioner Cabe stated that he did not see any problem with letting the total number be 50 persons, if the Fire Marshall approves. Commissioner Winston asked if the were a maximum number allowed? Cabe said that the limit for 50 as requested by the applicant would be the maximum occupancy. Commissioner Hoskins asked the applicant if they were okay with only two parking spaces onsite? Flanagan answered that the parking was okay as the students will be walking to the facility from campus. Hoskins asked when the parking deck will open and when will this use begin? Flanagan said the use will begin this fall, when the deck is open. Hoskins stated that he was okay with letting the occupancy be 50 students. Commissioner Cabe discussed that this site is more compatible than the previous site proposed for this use. He appreciates the applicant finding a more suitable site. Motion: Commissioner Cabe made a motion to approve with modifications to the conditions of approval, as requested by the applicant. Condition #1 Change l.a.i to "weekly lunch' and strike through "on Thursdays"; Condition #2 Change l.a.v. to maximum "50 students" as approved by the City Fire Marshall. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. CUP 10-3581: Conditional Use Permit (PERKINS 25 S. GRAHAM AVENUE, 521): Submitted by JEFFRY C. PERKINS for property located at 25 S. GRAHAM AVENUE. The property is zoned Planning Commission June 14, 2010 Page 7 of 8 RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.21 acres. The request is to allow a home occupation, Use Unit 24, in the RMF -24 Zoning District. Dara Sanders, Current Planner, gave the staff report. Jeff Perkins, applicant, discussed the proposal and stated that he anticipates 5-6 customers a week, not 5-6 a day. They are requesting a waiver from the sidewalk fee. There was no public comment. Commissioner Winston said that he was uncomfortable with waiving the fee because other non- residential uses have been required to pay. Kit Williams, City Attorney, explained that the sidewalk fee is charged on a case by case basis; it is not a precedent. Commissioner Lack felt that this sidewalk fee seemed to be quantifiable and roughly proportional to the use. He asked staff if a conditional use permit transferable to another person. Andrew Garner, Senior Planner, answered that, yes, a Conditional Use Permit does run with the land; although there could be a condition to tie-in the use to a particular applicant if the commission wishes. Williams recommend adding a condition of approval that the applicant not violate the Fayetteville noise ordinance. Commissioner Hoskins asked what the noise ordinance would require. Williams discussed that the noise ordinance is lower in residential neighborhoods. Motion: Commissioner Winston made a motion to approve the request with these changes to conditions of approval: • Change Condition #1: To change the fee for the sidewalk to $157.50 in lieu of sidewalk, or 1/4 the cost for a single family home. Add Condition of approval #8: Violation of the noise ordinance is a violation of this Conditional Use Permit. Add Condition of approval #9: The conditional use permit is only valid for the applicant, Mr. Perkins, at this property. At the time Mr. Perkins leaves the property, the CUP expires. Commissioner Honchell seconded the motion approve the request with the amended and additional conditions. Upon roll call the motion to approve passed with a vote of 5-0-0. RZN 10-3578: Rezoning (JORDAN A 130 N. GARLAND AVENUE, 405): Submitted by KELLY ELLIS for property located at 1130 N. GARLAND. The property is zoned C-1, NEIGHBORHOOD Planning Commission June 14, 2010 Page 8 of 8 COMMERCIAL and contains approximately 0.66 acres. The request is to rezone the subject property from C-1 to C-2. Andrew Garner, Senior Planner, gave the staff report discussing the request of the applicant to rezone the property to C-2. Staff recommends denial of the request finding that there is not adequate justification for the rezoning and that C-2 does not meet the goals of City Plan 2025. Kelly Ellis, applicant, explained that the rezoning to C-2, Thoroughfare Commercial, would make the property more marketable. It has been for sale for a number of years at a C-1, Neighborhood Commercial, zoning. There was no public comment. Commissioner Hoskins asked what uses in C-2 are more marketable. Kelly Ellis, applicant, stated that there were more options or opportunities such as a restaurant or clothing store. Hoskins said that the options mentioned are permitted in C-1. He discussed concerns with uses in C-2 that may not be appropriate. Kelly Ellis, applicant, replied that those uses would require further approval. Commissioner Lack remarked that the sense of scale of this lot would lend itself to smaller uses. Commissioner Cabe felt that he would find it hard for blanket zoning without something more specific. Garner clarified that use unit 33, Adult Live Entertainment club or bar, and use units34, Liquor Store, are permitted by right in C-2. Motion: Commissioner Cabe made a motion to deny the request to rezone. Commissioner Hoskins seconded the motion. Upon roll call the motion to deny passed with a vote of 5-0-0. Garner stated that the applicant has 10 days to appeal the decision to City Council, if they wish. There being no further business, the meeting was adjourned at 6:18 PM.