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HomeMy WebLinkAbout2011-09-26 MinutesPlanning Commission September 26, 2011 Page I of 18 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 26, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: September 12, 2011 Page 3 ACTION TAKEN Approved VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329) Page 3 Forwarded Old Business: ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Page 4 Forwarded CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./ BARTHOLOMEW (SALE BARN), 562) Page 6 New Business: Tabled VAC 11-3931: Vacation (510 W. 111h St. & 989 S. SCHOOL AVE./CAMPUS CREST, 562): Page 7 Forwarded PPL 11-3902: Preliminary Plat (SUMMIT PLACE SUBDIVISION, 329): Page 8 Approved CUP 11-3937: Conditional Use Permit (180 S. HILL AVE./ECO MODERN FLATS, 522): Page 9 Approved LSD 11-3934: Large Scale Development (180 S. HILL AVE./ECO MODERN FLATS, 522): Page 10 Approved CUP 11-3919: Conditional Use Permit (4201 N. SHILOH DR./THE AMP, 135): Page 11 Approved LSD 11-3920: Large Scale Development (4201 N. SHILOH DR./THE AMP, 135) Page 12 Approved CUP 11-3932: Conditional Use Permit (1637 DEANE ST./LEGACY VENTURES, 365) Page 13 Denied Planning Commission September 26, 2011 Page 2 of 18 CUP 11-3936: Conditional Use Permit (216 W. DICKSON ST./FIX, 484) Page 15 Approved CUP 11-3942: Conditional Use Permit (170 E. 19TH ST./RITCHIE, 602): Page 16 Approved ADM 11-3938: Administrative Item (UDC CHAPTER 164.12) Page 17 Forwarded MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Terry Lawson 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 Commissioners Winston and Honchell. Planning Commission September 26, 2011 Page 3 of 18 Consent. Approval of the minutes from the September 12, 2011 meeting. VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SOUTH SIDE OF TOWNSHIP STREET EAST OF COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to vacate a portion of a utility easement throughout the subdivision. Motion: Commissioner Chesser made a motion to approve the Consent Agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 4 of 18 Old Business: ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION to clarify Sidewalk Vendor requirements and to add hood vent requirements for Outdoor Mobile Vendors that serve food. Andrew Garner, Senior Planner, gave the staff report indicating that this item was tabled at the previous meeting and that the City Fire Marshall was present to answer questions regarding the proposed changes to the vent hood regulations for mobile vendors. Terry Lawson, Fire Marshal, discussed the background of the request. No public comment was presented. Commissioner Chesser asked when vent hoods would be required. Lawson explained that the vent hoods and fire suppression system would be required when cooking items that generate grease or smoke such as deep friers or a flat -top grill. Commissioner Hoskins asked for details about the vent system. Lawson explained the hood system and options for mobile situations. Hoskins asked about vendors for the BBBQ festival. Lawson explained the difference between the standard 90 -day outdoor mobile vendor permit that is inspected by the fire department and the BBBQ festival vendors that are not inspected by the fire department. Commissioner Hoskins asked about monitoring and inspecting these types of vendors. Lawson explained that the fire department inspects sidewalk vendors and other food vendors such as the food trucks and vans. Commissioner Hoskins discussed that he agrees with the concerns about vapors and smoke discussed by the fire marshal. He discussed that ceiling fans and exhaust fans should be adequate for these types of small applications such as in a food van. Ventilation makes sense, but requiring a hood and Ansul fire suppression system is very expensive and not necessary. Commissioner Chesser agreed with Commissioner Hoskins. Do other municipalities require this? Lawson stated that he was not sure. Commissioner Cabe discussed that in these small applications such as a food van he could picture an inexperienced high school or college student cooking food and a grease fire that could be made worse without the suppression system. He fully agrees with the proposed code changes. Motion: Commissioner Chesser made a motion to forward ADM 11-3932 as recommended by staff. Commissioner Planning Commission September 26, 2011 Page 5 of 18 Cook seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Hoskins voted `no'). Planning Commission September 26, 2011 Page 6 of 18 CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./BARTHOLOMEW (SALE BARN), 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 10.95 acres. The request is to utilize a trailer as a temporary leasing office, Use Unit 2, for an apartment complex. Jesse Fulcher, Current Planner, gave the staff report. Heather Robason, applicant, indicated the reasons why they are requesting to be tabled. No public comment was presented. Motion: Commissioner Chesser made a motion to table CUP 11-3918 until the October 10, 2011 Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 7 of 18 New Business: VAC 11-3931: Vacation (510 W. 11th St. & 989 S. SCHOOL AVEXAMPUS CREST, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for properties located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate unconstructed street right-of-way. Jesse Fulcher, Current Planner, gave the staff report. No public comment was presented. Heather Robason, applicant, indicated that the rights-of-way needed to be vacated to allow for development of the property. Motion: Commissioner Chesser made a motion to forward VAC 11-39321 with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 8 of 18 PPL 11-3902: Preliminary Plat (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SUMMIT PLACE SUBDIVSION. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to replat the existing residential subdivision from 50 into 123 single family lots. Andrew Garner, Senior Planner, gave the staff report. Gary Coover, applicant, was present for any questions. Commissioner Cabe asked the applicant if he agreed with the conditions of approval. Gary Coover, applicant, stated `yes'. No public comment was presented. Commissioner Hoskins asked about the utility plan and installation of new taps and asked about boring. Glenn Newman, Staff Engineer, discussed that yes the City will be adding new water and sewer taps and that they anticipate the new taps will be bored if possible. Motion: Commissioner Hoskins made a motion to approve PPL 11-3902 with all conditions of approval as recommended by staff. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 9 of 18 CUP 11-3937: Conditional Use Permit (180 S. HILL AVEJECO MODERN FLATS, 522): Submitted by MODUS STUDIO for property located at 180 SOUTH HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.92 acres. The request is to allow a hotel, Use Unit 14, in the DG zoning district. Jesse Fulcher, Current Planner, gave the staff report. No public comment was presented. Leslie Tabor, applicant, stated that they were agreeable to all conditions of approval Kit Williams, City Attorney, asked that the commission add a fourth condition of approval for the hotel use. "The owner shall promptly and fully pay all hotel, motel and restaurant tax due for the hotel rooms and fees and any other items subject to the city HMR Tax." Motion: Commissioner Chesser made a motion to approve CUP 11-3937. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 10 of 18 LSD 11-3934: Large Scale Development (180 S. HILL AVEJECO MODERN FLATS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 180 SOUTH HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.92 acres. The request is for a three-story mixed-use building containing approximately 25,296 square feet. Jesse Fulcher, Current Planner, gave the staff report. No public comment was presented. Leslie Tabor, applicant, stated that they were agreeable to all conditions of approval. Motion: Commissioner Cabe made a motion to approve LSD 11-3934 with the conditions of approval as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 11 of 18 CUP 11-3919: Conditional Use Permit (4201 N. SHILOH DR./THE AMP, 135): Submitted by CRAFTON, TULL AND ASSOCIATES for property located at 4201 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 105 acres. The request is to allow outdoor music, Use Unit 35, in a C-2 zoning district. Jesse Fulcher, Current Planner, gave the staff report. Bob Kelly, applicant, stated that they will start sound checks at 7:00 p.m. Kit Williams, City Attorney, asked the applicant's to confirm the starting time for any events and request that the start time allowed by the conditional use permit allow these events. Commissioner Hoskins asked if there was a new chain link fence proposed Daniel Ellis, applicant, stated that there won't be a new chain link fence. The note on the plat is incorrect. Kelly indicated that they may have kids' events that start as early as 9:00 a.m. Motion: Commissioner Chesser made a motion to approve CUP 11-3919 including the conditions of approval recommended by staff with the exception of modifying the conditions of approval as follows: • New condition of approval: "The fence along the western boundary shall not be chain link"; • Modifying condition of approval No. 4 to change "November and March" to "November through March "; • Modifying condition of approval No. 3 to add a note that "The start time for outdoor music shall be 9 AM". Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 12 of 18 LSD 11-3920: Large Scale Development (4201 N. SHILOH DR./THE AMP, 135): Submitted by CRAFTON, TULL & ASSOCIATES for property located at 4201 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 105 acres. The request is for a permanent facility for the Arkansas Music Pavilion containing approximately 12,940 square feet. Jesse Fulcher, Current Planner, gave the staff report. Bob Kelly, applicant, stated that they will start sound checks at 7:00 p.m. Kit Williams, City Attorney, asked the applicant's to confirm the starting time for any events and request that the start time allowed by the conditional use permit allow these events. Commissioner Hoskins asked if there was a new chain link fence proposed. Daniel Ellis, applicant, stated that there won't be a new chain link fence. The note on the plat is incorrect. Kelly indicated that they may have kids' events that start as early as 9:00 a.m. Motion: Commissioner Chesser made a motion to approve LSD 11-3920 finding in favor of all conditions of approval as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 13 of 18 CUP 11-3932: Conditional Use Permit (1637 DEANE STJLEGACY VENTURES, 365): Submitted by BATES AND ASSOCIATES forproperty located at 1637 DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acres. The request is to allow two tandem lots. Andrew Garner, Senior Planner, gave the staff report. Tim Brisiel, applicant, discussed the project and background on this site with a PZD being denied several years ago. Public Comment: Jason Anderson, 1641 Deane Street, adjacent property owner that recently bought a home from Tim Brisiel in this development, discussed drainage, was in favor of a circle driveway, danger with mailboxes being on Deane Street, lack of trash access into the development, a new fire hydrant that is needed, concerns with the elevation of the new home in relation to other homes in the development, concerns with more concrete and sidewalks going through this property. Commissioner Griffin asked Mr. Anderson for more detail about parking and drainage issues. Jason Anderson, 1641 Deane Street, discussed that if any visitors come the shared drive gets congested. He also discussed that water has soaked through the brick on his house and came out onto the patio. Tina Lamb, homeowner next door, discussed concerns with Mr. Brisiel's proposal and issues with the current development of only three existing homes. No more public comment was presented. Commissioner Hoskins clarified that staff agreed with Ms. Lamb's comments and was recommending denial of the proposal. He asked Mr. Newman about drainage. Glenn Newman, Staff Engineer, confirmed the direction of drainage on the site. He also described that if this is approved it would have to go through the preliminary plat process and drainage improvements would be required. Commissioner Hoskins stated that he doesn't think solid waste will drive in and serve this development. He discussed drainage issues and impacts from three additional homes. Tim Brisiel, applicant, discussed that the conditional use permit is just the first step. He described potential drainage improvements to get the water all the way to Sang and discussed drainage issues. He indicated that mail and fire would be okay with the U-shaped driveway. Commissioner Earnest discussed that this is not the perfect solution but would be okay Commissioner Hoskins discussed the driveway potentially being constructed to a street standard Glenn Newman discussed that the driveway has not been constructed to a street standard. Garner discussed reasons that a private street is not an option on this project at this point. Planning Commission September 26, 2011 Page 14 of 18 Commissioner Earnest discussed that the configuration of the property at this point would make it difficult to build a public street. Motion• Commissioner Chesser made a motion to deny CUP 11-3932 agreeing with staff's findings. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Earnest voted `no'). Planning Commission September 26, 2011 Page 15 of 18 CUP 11-3936: Conditional Use Permit (216 W. DICKSON ST./FIX, 484): Submitted by WILLIAM RAY for property located at 216 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.27 acres. The request is for a dance hall, Use Unit 29, in the MSC zoning district. Jesse Fulcher, Current Planner, gave the staff report. William Ray, applicant, stated that he agreed with conditions of approval and will have the final document for Building Safety this week. Michael Thurman, neighbor, stated that there are problems with people after hours, throwing trash on street, loitering, etc. Commissioner Cabe asked staff if the hours of operation should be increased to allow dancing before 9:00 p.m. Fulcher stated that is how the applicant listed the hours on the application, but that the hours should be expanded for other events earlier in the day. Ray stated that they have security and do patrol the area at night. There is another business across the street to the west and that is where the loiterers are leaving from. Motion: Commissioner Griffin made a motion to approve CUP 11-3936 with the conditions of approval as recommended by staff with the exception of modifying condition of approval No. 1 to allow the hours of operation from "12 PM (noon) to 2 AM". Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 16 of 18 CUP 11-3942: Conditional Use Permit (170 E. 19TH ST./RITCHIE, 602): Submitted by JASON RITCHIE for property located at 170 EAST 19TH STREET. The property is zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.08 acres. The request is to allow camping, Use Unit 2, in the I-1 zoning district. Andrew Garner, Senior Planner, gave the staff report. Jason Ritchie, applicant, was present for any questions. He also stated that they have camping several times a year at their club and the BBBQ festival was just one time. No public comment was presented. Kit Williams, City Attorney, asked the applicant if the conditional use permit would work for them if it included the BBBQ festival and up to three additional camping events per year? Jason Richie, applicant, stated `yes'. Motion: Commissioner Griffin made a motion to approve CUP 11-3942 with the conditions as recommended by staff, with the exception of modifying condition of approval No. 1 to state that this permit was for camping during the annual Bikes, Blues, and Barbeque Festival, .....and up to three additional events per year, no more thatfour 24-hour days consecutive for each event". Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission September 26, 2011 Page 17 of 18 ADM 11-3938: Administrative Item (UDC CHAPTER 164.12): Submitted by CITY PLANNING STAFF. The proposal is to amend Chapter 164.12 Nonconforming Uses and Structures. Jesse Fulcher, Current Planner, gave the staff report. Commissioner Chesser stated that he saw many cases at the Board of Adjustment and that it is good to remove some of the obstacles provided in the code; fully in favor of the changes. Motion: Commissioner Chesser made a motion to forward ADM 11-3938 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 7.40 PM. Planning Commission September 26, 2011 Page 18 of 18