HomeMy WebLinkAbout2012-03-26 MinutesPlanning Commission
March 26, 2012
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MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on March 26, 2012 at 5:30 p.m. in
Room 219, City Administration Building in Fayetteville, Arkansas.
Consent.
MINUTES: March 12, 2012
Page 3
New Business:
ACTION TAKEN
Approved
ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401):
Page 4 Tabled
LSD 12-4052: Large Scale Development (1001 W. ROCHIER ST./PARK GREEN/THE VUE, 561):
Page 5 Approved
CUP 12-4060: Conditional Use Permit (3575 N. SHILOH DR./SIEBERT, 173):
Page 6 Tabled
CUP 12-4061: Conditional Use Permit (3078 N. COLLEGE AVE./SIEBERT, 252):
Page 7 Tabled
Election of Chair, Vice -chair, and Secretary for the Planning Commission for 2012
MEMBERS PRESENT
Craig Honchell
Sarah Bunch
William Chesser
Hugh Earnest
Porter Winston
Matthew Cabe
Kyle Cook
STAFF PRESENT
Andrew Garner
Jesse Fulcher
Glenn Newman
ASSISTANT CITY ATTORNEY
Kit Williams, City Attorney
MEMBERS ABSENT
Tracy Hoskins
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5:30 PM- Planning Commission Chairman Matthew Cabe called the meeting to order.
Chairman 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 Bunch, Chesser, and
Earnest. Commissioners Bunch and Chesser arrived after approval of the minutes.
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Consent.
Approval of the minutes from the March 12, 2012 meeting.
Motion•
Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cook seconded the
motion. Upon roll call the motion passed with a vote of 5-0-0.
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NewBusiness:
ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Submitted by CROSS
CHRUCH FAYETTEVILLE for property located at 3484 WEST WEDfNGTON DRIVE. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for a modification to the
approved CUP 10-3501 to increase the maximum number of people attending services to 704 during peak hours.
Andrew Garner, Senior Planner, presented the staff report.
Jeff Dangeau, applicant, explained the original plan and conditional use permit and reasons why they are
asking for the revised conditional use permit.
Public Comment:
Bruce Goff, adjacent property owner to the north and Chevreaux Court Property Owner's Association
president, discussed concerns with traffic and parking, including illegal parking in undesignated parking spaces.
He discussed concerns with emergency vehicles during services. He discussed loading several hundred cars in
areas no designed to carry that many cars. It is a huge burden on everyone to have this many cars. He requested
that cars be parking in the parking lots only in legal designated spaces and that cars not block the in and out
exits. He also requested two police officers to direct traffic: one at the intersection of Wedington and Salem, and
one at the intersection of Salem and Chevreaux Court.
Commissioner Honchell asked about future church expansion
Ronnie Parrot, Cross Church Fayetteville community pastor, discussed how they added services, and that they
are looking to the future.
Jeff Dangeau, applicant, discussed that they are limited in the additional people that they can add at this
location. He discussed parking availability in other off-site locations where people can be shuttled in.
Commissioner Hoskins discussed that he had concerns this would happen when the original conditional use
permit was approved. Was there a restriction on the number of services?
Garner read condition of approval #4 of the original conditional use permit that did not limit the number of
services.
Commissioner Hoskins discussed that they are asking the commission to approve something that is a problem
and make it legal. This may be an issue for him.
Commissioner Chesser asked about the cones blocking the entrances and if staff was okay with that.
Garner discussed the cone placement and that staff was okay with it. There is still room for vehicles to go
between the cones, they are more of a visual deterrent.
Commissioner Chesser asked Mr. Goff if there has been problems with the church parking in their
development.
Bruce Goff, adjacent property owner, stated `no' that has not been a problem.
Commissioner Winston discussed that he agreed with Commissioner Hoskins that he has some issues with
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this. He discussed that he may be okay with it if it is conditioned to come back to the commission in one year
Commissioner Cabe discussed that he did not realize that the only access in was Chevreau Court. He discussed
that he thinks the parking plan should be tweaked some. He is tempted to table this until Chevreaux Court is
removed from access.
Commissioner Hoskins asked the church if they were opposed to the three things that Mr. Goff was asking for.
Bruce Goff, adjacent neighbor to the north, clarified that the three things he is asking for is to only parking in
legal spaces, not to block designated aisles or exits, and two have two uniformed policemen to direct traffic: one
at Wedington/Salem and one at Salem/Chevreaux.
Commissioner Hoskins asked the church if those requests would be a problem.
Jeff Dangeau, applicant, stated `no' that would not be a problem.
Motion:
Commissioner Hoskins made a motion to table ADM 12-4062 until the April 9, 2012 Planning Commission
meeting. Commissioner Honchell seconded the motion.
Commissioner Cook asked for clarification on what is needed to be provided by the applicant for the next
meeting.
Commissioner Chesser discussed that he is fine to table the request. He felt the church needs to work with Mr.
Goff to present something that is acceptable.
Commissioner Winston discussed that he recommended a condition that this would be time sensitive and come
back to the commission in a year.
Upon roll call the motion passed with a vote of 7-0-0.
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LSD 12-4052: Large Scale Development (1001 W. ROCHIER ST./PARK GREEN/THE VUE, 561):
Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 1001 WEST ROCHIER
STREET. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and RMF -
40, RESIDENTIAL MULTI -FAMILY 40 UNITS PER ACRE and contains approximately 19.39 acres. The
request is for the development of 180 multi -family dwellings.
Jesse Fulcher, Current Planner, presented the staff report.
Steven Beam, applicant, discussed the project.
Aubry Shepard, citizen, stated that there was great soil on the property and that the slope near the railroad
wasn't stable.
Glenn Newman, Staff Engineer, stated that they are provide a combination of above ground and below ground
detention, and that there are off-site water and sewer improvements required to serve the development.
Motion:
Commissioner Chesser made a motion to approve LSD 12-4052 with the recommended conditions.
Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
CUP 12-4060: Conditional Use Permit (3575 N. SHILOH DR./SIEBERT, 173): Submitted by ERIC
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SIEBERT for property located at 3575 NORTH SHILOH DRIVE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.61 acres. 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, presented the staff report.
Eric Siebert, applicant, explained the request.
Commissioner Hoskins asked how many locations they are at?
Eric Siebert, applicant, discussed two locations.
Commissioner Hoskins asked how many years were they in those locations?
Eric Siebert, applicant, discussed that they have been at their location on College Avenue for three years.
Commissioner Hoskins discussed concern with these permits. It was never the intent to use this code for this
business model in the same spot year after year. They do not have to comply with commercial design standards,
water, sewer, restrooms, landscaping. He won't be in support.
Kit Williams, City Attorney, discussed legal issues and concerns with processing these types of applications as
a conditional use permit. It seems that they may need to be seeking a variance of the outdoor mobile vendor
permit. He discussed concerns with the commission taking official action on this item until planning staff and he
can get on the same page. He recommended tabling this request and the next item until the next planning
commission meeting.
Public Comment:
Ben Israel, property owner and landlord of the applicant's College Avenue location. He discussed that this
applicant run the cleanest operation he has ever seen. He discussed Christmas tree vendors, and this applicant
paying lease, and that he as the landlord pays property taxes. He also discussed that this applicant can move the
snow cone stand 10 feet to be on a different property.
Celeste Hoskins, Maggie Moo's ice cream store owner, discussed that they are there year round. She discussed
that there have been three consecutive vendor stands in the location across from them on College Avenue. She
discussed that there needs to be more boundaries for these types of vendors. She discussed positive benefits to
the community that brick -and -mortar businesses add that temporary commercial vendors do not. She discussed
that ice cream is a seasonal business and that if temporary uses are encouraged she may look at driving an ice
cream truck.
Commissioner Hoskins discussed compliance with commercial design standards, ADA requirements,
bathrooms, and landscaping.
Commissioner Winston asked if they can be at the same location year after year.
Williams stated that the ordinance does not limit vendors from coming back to the same location
Motion:
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Commissioner Winston made a motion to table CUP 12-4060 until the April 9, 2012 planning commission
meeting. Commissioner Hoskins seconded the motion.
Mrs. Siebert, applicant's wife, discussed that there is a reason there are no shaved ice brick and mortar
business in the country.
Commissioner Chesser asked about what is considered a new location.
Garner discussed that the Zoning Development Administrator has interpreted that a new location is a new
parcel, a different legal lot of record.
Upon roll call the motion passed with a vote of 7-0-0.
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CUP 12-4061: Conditional Use Permit (3078 N. COLLEGE AVEJSIEBERT, 252): Submitted by ERIC
SIEBERT for property located at 3078 NORTH COLLEGE AVENUE. 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).
Commissioner Cabe discussed that based on the City Attorney's comments this item would be tabled and
asked if there was any public comment.
Commissioner Hoskins recused from the item.
Public Comment:
Ben Israel, property owner of the subject property, discussed that the snow cone stand could be moved across
the property line and a permit issued for another 90 days by staff.
Celeste Hoskins, Maggie Moo's ice cream owner, discussed that temporary vendors do not provide dumpsters,
restrooms, and other items that brick and mortar businesses do.
No more public comment was presented.
Motion:
Commissioner Chesser made a motion to table CUP 12-4061 until the April 9, 2012 planning commission
meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-
0-1 (Hoskins recused).
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Election of Chair, Vice -chair, and Secretary for the Planning Commission for 2012
Ballots were distributed and completed and the planning commission elected the following officers for 2012:
Chair, Porter Winston
Vice -chair, Kyle Cook
Secretary, Sarah Bunch
There being no further business, the meeting was adjourned at 7:20 PM.
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