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HomeMy WebLinkAbout2011-05-23 MinutesPlanning Commission May 23, 2011 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 23, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: May 9, 2011 Page 3 Old Business: ACTION TAKEN Approved CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484) Page 4 Tabled New Business: CUP 11-3836: Conditional Use Permit (305 POWDERHORN DRIVE/MOUNTAIN RANCH POA, 478) Page 5 Approved RZN 11-3831: Rezone (209 W. MARTIN LUTHER KING BLVD. /KUM & GO, 522) Page 6 Forwarded RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595) Page 8 Forwarded MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Kyle Cook MEMBERS ABSENT Planning Commission May 23, 2011 Page 2 of 8 STAFF PRESENT Andrew Gamer Jesse Fulcher Dara Sanders CITY ATTORNEY Kit Williams, City Attorney STAFF ABSENT Jeremy Pate Glenn Newman 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Don Marr, Chief of Staff, presented Jeremy Kennedy a Planning Commission service award. Upon roll call all members were present. Planning Commission May 23, 2011 Page 3 of 8 Consent. Approval of the minutes from the May 9, 2011 meeting. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 23, 2011 Page 4 of 8 Old Business: CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for a conditional use permit for a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Commissioner Cabe announced that the applicant has requested this item to be tabled until the June 13, 2011. No public comment was presented. Motion: Commissioner Winston made a motion to table CUP 11-3811 until the June 13, 2011 Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0- 0. Planning Commission May 23, 2011 Page 5 of 8 New Business: CUP 11-3836: Conditional Use Permit (305 POWDERHORN DRIVE/MOUNTAIN RANCH POA, 478): Submitted by MOUNTAIN RANCH POA for property located at 305 POWDERHORN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 0.60 acre. The request is for approval of Use Unit 4 to allow a property owner commons area including a bathhouse, park, picnic area, pool, playground, and associated parking. Dara Sanders, Current Planner, presented the staff report and recommendation. Aaron Wirth, Mountain Ranch Subdivision Property Owners Association President, discussed the background of the project. Public Comment: Richard Bryce, resident, explained that he lives next to the subject property and discussed concern with noise, the hours of operation, and parking. Sanders discussed the conditions of approval, including screening, buffering, and hours of operation as proposed by the applicant, as well as the parking ratio requirements of Chapter 172. Mr. Bryce stated that the proposed hours of operation are very restrictive. Mr. Wirth discussed that the operation will self -police and expressed interest in expanding the hours of operation. No more public comment was presented. Commissioners and staff discussed the process for revising conditions of approval after approval of the request. Commissioner Honchell discussed his preference to leave the hours as they were proposed and allow the applicant to revise them later if necessary. Motion: Commissioner Winston made a motion to approve CUP 11-3836, modifying condition of approval No. 5 to extend the hours of operation to Sunday through Thursday until 9 PM, and Friday through Saturday until 10 PM. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 (Commissioner Honchell voting `No'). Planning Commission May 23, 2011 Page 6 of 8 RZN 11-3831: Rezone (209 W. MARTIN LUTHER KING BLVD. /KUM & GO, 522): Submitted by CEI ENGINEERING for property located at 209 WEST MARTING LUTHER KING BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 2.64 acres. The request is to rezone the subject property to UT, URBAN THOROUGHFARE. Jesse Fulcher, Current Planner, gave the staff report. Dennis Blind, application, stated that they were requesting the Urban Thoroughfare zoning district based on staff s recommendation, and for the fact that the minimum buildable street frontage was less than required in the Community Services zoning district. We realize that we will need a variance, but want to request the smallest possible variance. Commissioner Cabe asked staff to describe the two zoning districts. Fulcher briefly described the differences in the two districts and directed commissioners to the zoning sheets in the staff report. Commissioner Chesser asked staff to discuss the difference in the street frontage requirements. Fulcher described why the frontage requirements for the two districts were different. Commissioner Honchell stated that a gas station was a auto -oriented development. Kit Williams, City Attorney, asked the applicant why they didn't request a conventional zoning district, as they might have a difficult time asking for a variance from the Board of Adjustment. Blind stated that staff pointed them to the form -based district. Commissioner Kennedy asked staff what happened between the initial meetings with the applicant where Urban Thoroughfare was recommended and the current recommendation for Community Services. Fulcher stated that he was not involved in the initial meetings, but that the Community Services district was the most appropriate for this location, and would still accommodate a gas station. Commissioner Winston asked the applicant if there was something they could do to increase the building width, to decrease the variance. Maybe a different building design would work better for this particular property. Blind stated that the circulation requirements for a gas station required the larger parking area and smaller building. Kum and Go doesn't typically include additional tenants on the property. Commissioner Chesser asked about the lot width requirements, and general discussion ensued about the amount of building width based on the lot frontage. Commissioner Cabe stated that a different zoning district might work best for this development model. General discussion about building frontage requirements and lot width ensued. Williams advised the commissioner of what they can consider when reviewing a rezoning request. Planning Commission May 23, 2011 Page 7 of 8 Commissioner Cook stated that the most appropriate zoning for this property is Community Services, and asked the city attorney to clarify if the commission should consider the development concept presented by the applicant. Williams stated that the commissioner should not consider the proposed development during the rezoning request. Motion: Commissioner Cook made a motion to forward RZN 11 -3 831 to the City Council with a recommendation to approve a zoning district of CS, Community Services. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-2-0 (Commissioners Honchell and Hoskins voting `No'). Planning Commission May 23, 2011 Page 8 of 8 RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595): Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.20 acres. The request is to rezone the subject property to UT, URBAN THOROUGHFARE. Dara Sanders, Current Planner, presented the staff report and recommendation. Mehdi Zaifi, applicant, introduced himself and discussed the setback requirement of the C-1 zoning district and his request for a form -based zoning district. No public comment was presented. Commission Winston discussed the surrounding properties and expressed concern with the requested UT zoning district and suggested that the CS, Community Services, would be more appropriate. Sanders discussed the uses in both the UT and CS districts. Commissioner Hoskins asked the applicant if there are uses in the CS zoning district that would not permit him to develop the property the way he wants and asked if the CS zoning district would be acceptable. Mr. Zaifi stated that the CS zoning district is acceptable. Motion: Commissioner Winston made a motion to forward RZN 11 -3 835 to the City Council with a recommendation to approve a zoning district of CS, Community Services. Commissioner Chesser 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 7.03 PM.