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HomeMy WebLinkAbout2012-03-26 MinutesPlanning Commission March 26, 2012 Page I of 10 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 April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 1 of 10 Planning Commission March 26, 2012 Page 2 of 10 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. April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 2 of 10 Planning Commission March 26, 2012 Page 3 of 10 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. April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 3 of 10 Planning Commission March 26, 2012 Page 4 of 10 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 April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 4 of 10 Planning Commission March 26, 2012 Page 5 of 10 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. April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 5 of 10 Planning Commission March 26, 2012 Page 6 of 10 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 April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 6 of 10 Planning Commission March 26, 2012 Page 7 of 10 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: April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 7 of 10 Planning Commission March 26, 2012 Page 8 of 10 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. April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 8 of 10 Planning Commission March 26, 2012 Page 9 of 10 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). April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 9 of 10 Planning Commission March 26, 2012 Page 10 of 10 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. April 9, 2012 Planning Commission PC Minutes 03-26-12 Agenda Item 1 Page 10 of 10