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HomeMy WebLinkAbout2011-03-14 MinutesPlanning Commission March 14, 2011 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A special meeting of the Fayetteville Planning Commission was held on March 14, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent: MINUTES: February 28, 2011 Page 4 ACTION TAKEN Approved VAC 11-3764: Vacation (152 E. APPLEBY RD./OZARK DERMATOLOGY, 251): Page 4 Forwarded New Business: VAC 11-3769: Vacation (237 RAY AVE./BRACEY, 526): Page 5 Tabled ADM 11-3773: Administrative Item (Bungalows at Cato Springs R-PZD Modification No. 2, 600): Page 6 Forwarded CUP 11-3765: Conditional Use Permit (908 ROLLINGS HILLS DR./SHAVE PLANET, 252): Page 7 Approved CUP 11-3762: Conditional Use Permit (4618 N. COLLEGE AVE./MAE FARM, 096): Page 8 Approved CUP 11-3763: Conditional Use Permit (3372 N. COLLEGE AVE./SUPERIOR NISSAN, 213): Page 10 Approved Planning Commission March 14, 2011 Page 2 of 11 Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Audy Lack STAFF PRESENT Andrew Garner CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT STAFF ABSENT Jeremy Pate Jesse Fulcher Dara Sanders Glenn Newman Karen Minkel Matt Casey Planning Commission March 14, 2011 Page 3 of 11 5:30 PM- Planning Commission Chair Audy Lack called the meeting to order. Commissioner Lack requested all cell phones to be turned off and infonned the audience that listening devices were available. Upon roll call all members were present. Planning Commission March 14, 2011 Page 4 of 11 Consent. Approval of the minutes from the February 28, 2011 meeting VAC 11-3764: Vacation (152 E. APPLEBY RD./OZARK DERMATOLOGY, 251): Submitted by JOHNNY QUINN for property located at 152 EAST APPLEBY ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.51 acres. The request is to vacate a portion of a utility easement. Motion: Commissioner Kennedy made a motion to approve the Consent Agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 14, 2011 Page 5 of 11 New Business: VAC 11-3769: Vacation (237 RAY AVE./BRACEY, 526): Submitted by JOHN BRACEY for property located at 237 RAY AVENUE. The property is zoned R-PZD, RESIDENTIAL, PLANNED ZONING DISTRICT TIMBER TRAILS and contains approximately 0. 15 acre. The request is to vacate a portion of a utility easement. Andrew Garner, Senior Planner, gave the staff report. No representative was present. No public comment was presented. Motion: Commissioner Cabe made a motion to table the item until the March 28, 2011 Planning Commission meeting. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 14, 2011 Page 6 of]] ADM 11-3773: Administrative Item (Bungalows at Cato Springs R-PZD Modification No. 2, 600): Submitted by BURKE LARKIN for the property located on the NORTH SIDE OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE. The request is to amend the approved R-PZD 05-1797 Bungalows at Cato Springs to revise the zoning criteria to include Use Unit 12, Limited Business, on Lot 30 as a permitted use. Andrew Garner, Senior Planner, gave the staff report. Burke Larkin, representative, described the background of their company and the current proposal to consolidate their medical billing and property management offices into this location at 874 Cato Springs Road. No public comment was presented. Motion: Commissioner Kennedy made a motion to forward the item. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 14, 2011 Page 7 of]] CUP 11-3765: Conditional Use Permit (908 ROLLINGS HILLS DR./SHAVE PLANET, 252): Submitted by ERIC SIEBERT for property located at 908 ROLLINGS HILLS DRIVE, STE J. The property is zoned C- 2, THOROUGHFARE COMMERCIAL and contains approximately 1.88 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). Andrew Garner, Senior Planner, gave the staff report. Aaron Seibert, applicant, described their business, Shave Planet, and their desire to open for business as early as spring break. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the item. Commissioner Cabe seconded the motion. Commissioner Hoskins discussed concerns with the impact of these types of temporary businesses being allowed longer than 90 days and the impact on brick -and -mortar business that have to comply with all City codes and improvements. He cannot support this request. Commissioner Winston discussed that this is a seasonal business that is appropriate to be permitted longer than 90 days, and in his opinion, it might spur additional business in the area. Upon roll call the motion passed with a vote of 8-1-0 (Commissioners Hoskins voting `No'). Planning Commission March 14, 2011 Page 8 of 11 CUP 11-3762: Conditional Use Permit (4618 N. COLLEGE AVEJMAE FARM, 096): Submitted by CYNTHIA HASELOFF for property located at 4618 N. COLLEGE AVENUE. The property contains approximately 17 acres and is zoned R -A, Residential -Agricultural and C-2, Thoroughfare Commercial. The request is for a conditional use permit for temporary sales trailers to remain on the property for longer than 90 days (Use Unit 2) and for commercial recreation (Use Unit 20) for an agri-tourism business. Andrew Garner, Senior Planner, gave the staff report. Cynthia Hasselhoff, applicant, described the proposal. Kit Williams, City Attorney, asked the applicant if they had read the conditions of approval and if they agreed with the conditions. Hassellhoff discussed that, yes, she agreed with the conditions. No public comment was presented. Commissioner Hoskins discussed concerns with allowing this. He does think it will take two years to determine whether the business will work. He cannot support two years on this. Commissioner Winston discussed that he doesn't disagree with Mr. Hoskins, but this is a unique type of business. Commissioner Chesser discussed that he agreed with Commissioner Hoskins. He is in support of Mae Farm. However, he is uncomfortable with two years in a row for these types of temporary structures. He would like to see the applicant coming back sooner than two years. Commissioners Hoskins described that most businesses are seasonal in nature and incorporate that into their business model and make it work. These types of businesses comply with codes all year long. He is concerned that if we allow this we may start setting up these types of businesses all around town. He is not opposed to greater than 90 days but two years is too much. Commissioner Winston discussed that these two trailers are not the only aspect of this business. In the big scheme of the operation of this farm, it may take two years. This is a very different type of business, similar to a County fair. Commissioner Lack discussed the timeframe and impact of this development. Impacts would be minimal based on the size of the development. He doesn't think that two years is unreasonable. Williams stated that for clarification for the applicant, this proposal would not waive required public improvements, but would be delaying the improvements until potentially a later time, and that at some later point if this business wants to continue, the impacts will be evaluated and improvements required based on a comparison of the property to today. Commissioner Hoskins asked if there has been a new business venture with a gravel parking lot. Garner discussed that it was not common for new gravel parking lots, but there have been some variances approved for gravel parking lots. Planning Commission March 14, 2011 Page 9 of 11 Commissioner Honchell discussed concerns with the temporary nature of the gravel parking lot and that it would remain after this business leaves. Commissioner Earnest discussed that there is some opportunity to modify these conditions related to the gravel parking lot during the two years to address issues that may come up. Commissioner Chesser discussed that this is not a temporary county fair, but this may set a precedent for more than two years. Commissioner Kennedy asked where the trailers will be placed after the season. Hasselhoff responded that she would do whatever the commission wanted. Commissioner Kennedy discussed that he views this as two six month approvals, rather than two full calendar years. Commissioner Honchell asked about removing the trailers and that if they are not removed they would be perceived as permanent buildings. Commissioner Chesser discussed that as it is proposed, the trailer could be left on the property year-round. He also asked about the exterior lights. Hasselhoff responded that the person manufacturing the trailers had spoken with Planning staff about the lights and they were aware of the issue. Garner clarified that the applicant had stated that the trailer may be gold, black, or brown, not just the white color provided in the photos. Motion: Upon roll call the motion to approve CUP 11-3763 Mae Farm passed with a vote of 7-2-0 (Commissioners Chesser and Hoskins voting `No'). Planning Commission March 14, 2011 Page 10 of 11 CUP 11-3763: Conditional Use Permit (3372 N. COLLEGE AVE./SUPERIOR NISSAN, 213): Submitted by NICK JONES for property located at 3372 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.00 acres. The request is to allow music to be played over the speakers outside the building (Outdoor Music, Use Unit 35) in the C-2 Zoning District. Andrew Garner, Senior Planner, gave the staff report. Nick Jones, representative, discussed that music is played over loud speakers to encourage shopping. He asked about ordinances changing within the last year. Kit Williams, City Attorney, discussed the background for the outdoor music ordinances and that it has been in place for approximately 15 years. Public Comment: Carol Faulker, Nottingham Place, discussed that if music will be there she hopes it will be there only during opening hours. She discussed music from the adjacent church and the Nissan dealer. James and Danah Vetter, 3435 Nottingham Place, discussed that there should not be any issue duringbusiness hours. However, they have small children and use their backyard, she hopes appropriate music will be played. She discussed that their kids are in bed at 7 PM and that music after that time would be a problem. They also stated that the Nissan dealer has been a good neighbor. No more public comment was presented. Commissioner Hoskins agreed with staff that music should not be directed towards the neighbors. Commissioner Winston also expressed agreement with staffs recommendation. Commissioner Cabe asked if the volume of the speakers could be adjusted separately. Nick Jones, applicant, responded, that the old system did not allow that, but the entire speaker system is being upgraded and may allow for the speakers to be adjusted separately. Commissioner Lack discussed that he would have no problem with this if the speaker on the east were relocated to the north side of the building. Commissioner Honchell asked about the use of the rear of the property. Nick Jones, applicant, explained that it was not for new car sales, but just overflow parking. Commissioner Honchell asked about whether paging only/PA system only could be restricted on the speaker on the east side. Nick Jones, applicant, answered, yes, we could do that. Motion: Planning Commission March 14, 2011 Page 11 of 11 Commissioner Honchell made a motion to approve the request, finding on Condition of Approval 41 that the speaker on the east may remain, but that all east and south facing speakers shall be used for a paging/PA system only, and not for playing music; also modifying Condition of Approval #5 to change Sunday to Saturday. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7.05 PM.