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HomeMy WebLinkAbout2011-02-14 MinutesPlanning Commission February 14, 2011 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A special meeting of the Fayetteville Planning Commission was held on February 14, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN Consent: MINUTES: January 24, 2011 Page 3 Approved New Business: ADM 11-3753: Administrative Item (727 NORTH STORER AVE., 444): Page 4 Approved CUP 11-3746: Conditional Use Permit (GREY DOG BOUTIQUE, 445): Page 5 Approved CUP 10-3734: Conditional Use Permit (ALEXANDER DICKEY, 484): Page 6 Approved LSD 10-3743: Large Scale Development (LOT 10 FOREST HILLS, 440): Page 7 Tabled MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Audy Lack STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Data Sanders Glenn Newman Karen Minkel Matt Casey CITY ATTORNEY Kit Williams, City Attorney Planning Commission February 14, 2011 Page 2 of 8 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 Commissioner Honchell. Planning Commission February 14, 2011 Page 3 of 8 Consent. Approval of the minutes from the January 24, 2011 meeting. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission February 14, 2011 Page 4 of 8 New Business: ADM 11-3753: Administrative Item (727 NORTH STORER AVE./HOPMANN, 444): Submitted by APPIAN, INC. for property located at 727 NORTH STORER AVENUE. The property is zoned RMF -40, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0. 17 acres. The request is for a variance from the access management ordinance for a new driveway. Dara Sanders, Current Planner, gave the staff report and recommended that the new driveway onto Eagle Street be limited to right -out only. Even Niehues, Representative, discussed the request and stated that he would prefer that the Eagle Street driveway be limited to left -in only but understands staffs concerns. No public comment was presented. Commissioner Winston and Sanders discussed enforcement of the limited access onto Eagle Street. Commissioner Hoskins asked staff about other variances necessary for the site plan submitted with the variance request. Sanders stated that the Planning Division has not received an official development request for the subject property and that staff has discussed with the applicant some of the issues that still remain to be addressed. These issues were not included in the applicant's variance application. Niehues confirmed that other site issues must be worked out prior to construction review. Commissioner Lack and Sanders discussed the applicant's proposal to improve the adjacent property owner's portion of the shared curb cut. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-1 (Kennedy recused). Planning Commission February 14, 2011 Page 5 of 8 CUP 11-3746: Conditional Use Permit (GREY DOG BOUTIQUE, 445): Submitted by MOLLY CLARK for property located at 617 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.48 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2, City-wide uses by conditional use) Dara Sanders, Current Planner, gave the staff report. Molly Clark, applicant, described the business and requested to revised the hours of operation to Tuesday - Saturday from 11:00 AM to 6:00 PM and Sunday from 12:00 PM (noon) to 5:00 PM. Public Comment: Alex Dickey discussed his support for this type of business, which is becoming a new national trend. No more public comment was presented. Commissioner Cabe discussed his support for extending the expiration of the conditional use permit from 12 months to 18 months. Commissioner Lack agreed. He discussed staffs finding regarding ordinance requirements for site improvements associated with permanent businesses. Commissioners Bunch and Hoskins also would support extending the expiration of the permit to 18 months. Commissioner Kennedy expressed a preference to provide flexibility in the hours of operation. Motion: Commissioner Kennedy made a motion to approve the item, amending the hours of operation in condition of approval #1 to reflect the applicant's request. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission February 14, 2011 Page 6 of 8 CUP 10-3734: Conditional Use Permit (DICKSON ST/DICKEY, 484): Submitted by ALEXANDER DICKEY for property located SOUTHEAST CORNER OF DICKSON STREET ANDWEST STREET. The property is zoned MSC, MAIN STREET CENTER and is on the public sidewalk. The request is for approval of a conditional use permit to allow a sidewalk vendor cart that is 5 feet wide when the maximum is 3 feet. Andrew Garner, Senior Planner, gave the staff report. Alex Dickey described the proposed taco stand and the proposed cart being 5' x 5' which allows a micro - kitchen in the cart. He discussed that he feels this would improve the street scene. Public Comment: Molly Clark discussed support for this type of business and the variety of food. She indicated that she has heard many people that have moved here from other areas have told her they desire this type of business. No more public comment was presented. Commissioner Winston asked about changing the standard for bigger carts so applicants would be able to do this by right. Garner discussed that to change the standard would require an ordinance change. He discussed that ordinance permitted a 6'x 3' cart by right which is a based on a typical hot dog cart. The cart size was also based on a detailed evaluation of the sidewalk widths around the Walton Arts Center and the square. An ordinance change of this type would be possible but would require further evaluation. Kit Williams, City Attorney, cautioned about the Planning Commission asking for an ordinance change until this larger -type cart had been in operation for a while and we could evaluate it. Motion: Commissioner Winston made a motion to deny the request for the water line variance, and to approve the request for the sewer line variance. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission February 14, 2011 Page 7 of 8 LSD 10-3743: Large Scale Development (LOT 10 FOREST HILLS, 440): Submitted by MORRISON- SHIPLEY ENGINEERS, INC for property located at the SOUTHWEST CORNER OF NORTH WEDINGTON DRIVE AND SALEM STREET. The property is zoned C-PZD 07-2793 and contains approximately 2.11 acres. The request is for a multi -tenant retail building containing approximately 15,771 square feet and associated parking. Dara Sanders, Current Planner, gave the staff report. Greg Howe, Urban Forester, discussed the background of the tree preservation ordinance and the regulations. He discussed the condition of the existing trees on the site and presented alternative site concepts and tree preservation scenarios, including off-site preservation. He discussed issues with the spacing of the mitigation trees and recommended a minimum separation of 30 feet. He recommended denial of the request due to failure to comply with the tree preservation ordinance. Heather Robason and Melissa Evans, representatives, discussed the project history, the tree preservation plan, and previous meetings with the Urban Forester. They discussed the complications with alternative development layouts associated with the lot configuration. No public comment was presented. Commissioner Hoskins stated that he understands the need to maximize the site and the problematic issues with Urban Forester's conceptual site plan alternatives. He asked the Urban Forester if there is still and issue with mitigation tree spacing. Howe discussed tree #4, the mitigation trees location near an existing easement, and the potential impacts on the trees. Commissioner Hoskins and Howe discussed reasonable use versus maximum use of the property. John Alford, property owner, discussed the alternative site layouts explored by his engineer and found that none were economically possible and stated that there has been an attempt to compensate for the trees proposed to be removed. Commissioner Hoskins asked if off-site reforestation is possible. Alford believes that the current proposal is the best alternative to on-site preservation Commissioner Lack discussed his experience with and views on tree preservation and the reasonable use of land. He disagrees with the assessment and discussed the trees individually. He doesn't believe that the proposal fails to comply with the ordinance. He believes that mitigation provides the ability to plant trees that could be stronger than those existing and diversify the age of the trees on-site. He recommended looking at off-site preservation. He asked the Urban Forester if there is a code requirement that would require a specific spacing of mitigation trees or prohibit placing a mitigation tree in a tree island. Howe stated that there isn't anything specific in the ordinance and referred to arborist practice. He discussed that parking lot trees are temporary and should not consist of mitigation trees. Commissioner Lack agreed that the building is where it should be and supports the applicant's application with Planning Commission February 14, 2011 Page 8 of 8 the condition that mitigation be handled with the Urban Forester. Commissioner Chesser and Howe discussed ordinance requirements and preference for tree species. Commissioner Hoskins and Howe further discussed the issues associated with planting a mitigation tree in a tree island. Commissioners Lack and Hoskins discussed the appropriate motion or motions for this item. Motion #1: Commissioner Kennedy made a motion to approve the tree preservation plan as proposed by the applicant. Commissioner Earnest seconded the motion. After further discussion by the commissioners and City Attorney this motion was withdrawn by Commissioner Kennedy. Motion #2: Commissioner Hoskins made a motion to approve the tree preservation plan as proposed by the applicant; approving the tree removal indicated on the Tree inventory Chart on page 6 of 7, Tree Preservation Plan, of the Large Scale Development plans. Commissioner Winston seconded the motion. Upon role call the motion passed with a vote of 6-2-0 (Commissioners Chesser and Cabe voting `No'). Motion #3: Commissioner Hoskins made a motion to table LSD 10-3743 for two weeks until the February 28, 2011 Planning Commission meeting, to allow the applicant and the City Urban Forester time to try and work out an agreement on the tree mitigation plan. Commissioner Cabe seconded the motion. Upon role call the motion passed with a vote of 6-2-0 (Commissioners Chesser and Cabe voting `No'). There being no further business, the meeting was adjourned at 7.50 PM.