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Home My WebLink About2011-07-25 MinutesPlanning Commission July 25, 2011 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 25, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: July 11, 2011 Page 3 Old Business: ACTION TAKEN Approved CUP 11-3841: Conditional Use Permit (1 W. CENTER STJDICKEY, 523) Page 3 Tabled CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484) Page 4 Approved RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371) Page 5 Tabled New Business: RZN 11-3877: Rezone (130 S. HILL AVEJECO MODERN FLATS, 522) Page 5 Forwarded RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444) Page 6 Forwarded RZN 11-3883: Rezone (636 S. FOSTER LN./FOSTER, 513) Page 7 Forwarded MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Matthew Cabe Kyle Cook MEMBERS ABSENT Porter Winston Planning Commission July 25, 2011 Page 2 of 9 STAFF PRESENT Andrew Garner Jesse Fulcher Data Sanders CITY ATTORNEY Kit Williams, City Attorney 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. Upon roll call all members were present with the exception of Commissioner Winston. Planning Commission July 25, 2011 Page 3 of 9 Consent. Approval of the minutes from the June 27, 2011 meeting. Motion: Commissioner Honchell 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 July 25, 2011 Page 4 of 9 Old Business: CUP 11-3841: Conditional Use Permit (1 W. CENTER ST.IDICKEY, 523): Submitted by ALEXANDER DICKEY for property located at 1 WEST CENTER STREET. The property is zoned P-1, Institutional and is on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. Motion: Commissioner Chesser made a motion to table CUP 11 -3 841 until the August 8, 2011 meeting. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission July 25, 2011 Page 5 of 9 CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0. 19 acres. The request is for Use Unit 29 (Dance Hall). Dara Sanders, Current Planner, gave the staff report. Michael Andrews, applicant, requested to change the hours of operation for the dance hall portion of the business to 9:00 P.M. to 1:00 A.M./2:00 A.M. No public comment was received. Commissioner Chesser discussed with staff the possibility of removing the conditional use permit requirement for dance halls. Motion: Commissioner Chesser made a motion to approve CUP 11-33867 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission July 25, 2011 Page 6 of 9 RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Motion: Commissioner Chesser made a motion to forward RZN 11-3877 with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (Commissioner Griffin voted "no"). Planning Commission July 25, 2011 Page 7 of 9 New Business: RZN 11-3877: Rezone (130 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by SETH MIMS for property located at 130 SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI- FAMILY, 40 UNITS/ACRE and contains approximately 2.92 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Jesse Fulcher, Current Planner, gave the staff report. Seth Mims, applicant, stated that they wanted to add 29 additional units in a new building, and obtain LEED certification as with the existing buildings. Mikel Lolley, neighbor, stated that he supported the rezoning request and the streetscape allowed by the Downtown General zoning district. Brian Teague, citizen, stated that he supported the rezoning proposal and that it was in line with City Plan 2025/2030. Commissioner Chesser asked if they would be required to make street improvements. Andrew Garner, Senior Planner, stated that any improvements would be based on the development size and impact. Motion: Commissioner Chesser made a motion to forward RZN 11-3877 with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission July 25, 2011 Page 8 of 9 RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444): Submitted by BRITTANY STEPHENSON for property located at 736 NORTH GARLAND AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS/ACRE and contains approximately 0. 10 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Dara Sanders, Current Planner, presented the staff report and recommendation. John Krew, representative, discussed the size of the property and the interest of future redevelopment for small townhouses with parking underneath the dwellings. No public comment was presented. Motion: Commissioner Chesser made a motion to forward RZN 11-3880 to City Council with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-0-0 Planning Commission July 25, 2011 Page 9 of 9 RZN 11-3883: Rezone (636 S. FOSTER LN./FOSTER, 513): Submitted by GLENN FOSTER for property located at 636 SOUTH FOSTER LANE. The property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, 1 UNIT/ACRE and contains approximately 1.29 acres. The request is to rezone the subject property to R -A, RESIDENTIAL AGRICULTURAL. Dara Sanders, Current Planner, presented the staff report and recommendation. Glenn Foster, property owner, explained that he and his wife mistakenly thought that the property was located within the Farmington city limits, due to the Farmington city limits sign located on Double Springs Road just north of his property. He later learned that he would not be permitted to keep his horse on the subject property due to the regulations of the underlying RSF-1 (Residential Single-family, 1 dwelling per acre) zoning district. He discussed the surrounding properties, which include farmland, pasture, cattle, and horses. Public Comment: Mat Caldwell, neighbor, lives to the south within the Farmington city limits and expressed concerns with waste. Jan McChristian, neighbor, lives in the Fayetteville city limits and accesses her property from Foster Lane, which is located within an access easement along the southern portion of the applicant's property. She feels that the size of the property is not sufficient for a horse to exercise and is concerned with the potential for odor. She also discussed not being notified of the applicant's request. Ms. Ingram, neighbor, rents the property to the east. She stated that the applicant wants too small of an area for a horse and discussed not being notified of the applicant's request. Commissioners Hoskins and Griffin asked Ms. McChristian and Ms. Ingram to clarify the location of their homes. Planning staff discussed the separation requirements for commercial farms adjacent to residential districts and explained that the size and shape of the property would preclude the applicant from operating a farm on the subject property. Staff also discussed the City's notification requirements, which include written notification and posting a public notice sign on the property, and information verifying that the applicant met these requirements. Motion: Commissioner Hoskins made a motion to forward RZN 11-3883 to the City Council with a recommendation for approval. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 8- 1-0 (Commissioner Bunch voting `no'). There being no further business, the meeting was adjourned at 617 PM.