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HomeMy WebLinkAbout2010-07-26 MinutesPlanning Commission July 26, 2010 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 26, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: July 12, 2010 Page 3 ACTION TAKEN Approved VAC 10-3617: Vacation (TIMMERMANS/3968 W. EDGEWATER, 283) Page 3 Forwarded PPL 10-3589: Preliminary Plat (OAKBROOKE III, 361) Page 3 Approved New Business: CUP 10-3595: Conditional Use Permit (112 E. CENTER ST. /DANCE HALL, 523) Page 4 Tabled CUP 10-3612: Conditional Use Permit (NEMETZ PHOTOGRAPHY2576 STANTON, 292) Page 5 Approved RZN 10-3613: Rezoning (WATSON/5989 E. HUNTSVILLE, 611) Tabled Page 6 RZN 10-3614: Rezoning (WRMC/LOT 5 BROOKSTONE S/D, 212) Forwarded Page 8 ADM 10-3630: Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch. 162 Use Conditions: Recycling Facilities) Page 9 Forwarded Planning Commission July 26, 2010 Page 2 of 9 MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Andy Lack STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Andy Lack called the meeting to order. Commissioner Lack 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 26, 2010 Page 3 of 9 Consent. Approval of the minutes from the July 12, 2010 Planning Commission meeting. VAC 10-3617: Vacation (TIMMERMANS/3968 W. EDGEWATER, 283): Submitted by BLEW & ASSOCIATES, INC. for property located at 3968 EDGEWATER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.23 acre. The request is to vacate a portion of a utility easement. PPL 10-3589: Preliminary Plat (OAKBROOKE III, 361): Submitted by BATES AND ASSOCIATES for property located within the Oakbrooke Subdivision west of Rupple Road and east of High Avenue. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 09-3439 (Oakbrooke III) and contains approximately 32.39 acres. The request is for Phases 1 throueh 4 of a mixed-use subdivision with 96 residential lots and one (1) un -buildable lot. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-0-1 with Commissioner Hoskins recusing. Planning Commission July 26, 2010 Page 4 of 9 New Business: CUP 10-3595: Conditional Use Permit (112 E. CENTER ST. /DANCE HALL, 523): Submitted by RUSS DAVIS for property located at 112 W. CENTER, SUITE 100, E7 BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acre. The request is for a dance hall. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE AUGUST 9, 2010 PLANNING COMMISSION MEETING. No public comment was received. Motion: Commissioner Cabe made a motion to table as requested by the applicant until the August 9, 2010 Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission July 26, 2010 Page 5 of 9 CUP 10-3612: Conditional Use Permit (NEMETZ PHOTOGRAPHY2576 STANTON, 292): Submitted by JEFF NEMETZ for property located at 2576 STANTON AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acre. The request is for a conditional use permit for a home occupation (Use Unit 24) to operate a photography studio in a single family residence. Andrew Garner, Senior Planner, gave the staff report discussing the setting of the property in a single family neighborhood and the request to operate a photo studio out of the applicant's residence. Jeff Nemetz, applicant, explained that his business would provide one-on-one treatment with his clients, as opposed to a standard photo studio with multiple clients. He agrees with the conditions of approval. No public comment was received. Commissioner Lack discussed that not permitting clients upstairs as noted in condition # 1 could be stricken as it would be difficult for both staff and the applicant to enforce. Commissioner Chesser also requested to remove the asterisk from condition #1, as discussed by Commissioner Lack. Commissioner Cabe asked about extending the hours of operation? Nemetz stated that he was not opposed to staying open later. Garner discussed that as this is a home occupation, the hours of operation are limited by ordinance between 7:30 AM to 5:30 PM, unless a variance is granted by the commission. Motion #1: Commissioner Earnest made a motion to approve the request. Commissioner Chesser seconded the motion to approve. Motion #2: Upon further discussion, Commissioner Chesser made a motion to amend Condition of Approval #1 to strike the asterisk and to allow clients into the applicant's upstairs office. Commissioner Bunch seconded the motion to amend. Upon roll call the motion passed with a vote of 8-0-0. Commissioner Earnest accepted the amended condition of approval #1 into his original motion. Upon roll call Motion #1 to approve the proposed conditional use permit with amended condition of approval #1, passed with a vote of 8-0-0. Planning Commission July 26, 2010 Page 6 of 9 RZN 10-3613: Rezoning (WATSON/5989 E. HUNTSVILLE, 611): Submitted by MARIE WATSON for property located at 5989 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acre. The request is to rezone the subject property to R -O, Residential Office. Andrew Garner, Senior Planner gave the staff presentation giving the background for the flea market on the property that is located in the county, and the applicant's request to rezone the property to allow for a sign. Tom Watson, applicant, gave the background of the property and the proposed business and the need for a sign. Re -zoning is the only option in order to have a sign. He stated he could make the re -zoning area smaller if needed. No public comment was received. Commissioner Lack asked about the R -A, Residential Agricultural zoning. Garner discussed the background for the proposed R -O zoning and staff and the applicant's discussions. Commissioner Kennedy noted that the Future Land Use Map shows this to be rural. He said that he thought the R -A zoning makes sense. Kit Williams, City Attorney, stated that the applicant may want to table to include enough land to meet R -A requirements. Commissioner Hoskins discussed that R -A is a down -zone and would be limiting the applicant's development rights. Commissioner Cabe said that he would be okay with a narrow sliver of land rezoned to allow a sign. Williams thinks that philosophically it would be a bad idea to have a small sliver rezoned for a sign. The sign ordinance is based on the zoning district. Commissioner Earnest discussed that he could not support a spot -zone. Commissioner Honchell asked if the sign would be located under a power line. Tom Watson, applicant, described where the sign would be proposed. Commissioner Bunch discussed existing signs along this area of Huntsville Road that are non- conforming. Williams discussed the history and intent of the sign ordinance, and concerns with going down this road of rezoning a small piece of property for a sign as it would weaken the sign ordinance. Planning Commission July 26, 2010 Page 7 of 9 Commissioner Kennedy discussed that he was ready to make a motion to table to give the applicant and staff an opportunity to work through all of these issues. Commissioner Hoskins asked about the sign ordinance and setbacks. Garner read through the regulations out of UDC Chapter 174, describing the requirements for free- standing signs in the R -O zoning district. Commissioner Chesser asked about a height regulation in the county? Watson discussed that they were permitted a sign on their flea market property by the county as part of the conditional use permit approval. Motion: Commissioner Kennedy made a motion to table. Commissioner Chesser seconded the motion. Garner asked for clarification on why the item is being tabled and what direction the commission has for the applicant. Hoskins answered that he doesn't think the R -O zoning request will go through at city council, R -A may not be in the applicant's best interest; he is suggesting an amendment to the proposed rezoning. Earnest is concerned that this is a spot -zone and suggested that the sign ordinance be modified. Lack discussed that several options were discussed such as rezoning a small sliver of property just for the sign, and rezoning a large piece of property to R -A. Upon roll call the motion to table this item indefinitely was passed with a vote of 8-0-0. Planning Commission July 26, 2010 Page 8 of 9 RZN 10-3614: Rezoning (WRMC/LOT 5 BROOKSTONE S/D, 212): Submitted by USI - ARKANSAS, INC. for property located at LOT 5 BROOKSTONE SUBDIVISION, THE SOUTHEAST CORNER OF WIMBERLY DRIVE AND LONGVIEW STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.37 acres. The request is to rezone the property to P-1, Institutional. Andrew Garner, Senior Planner, gave the staff report discussing this setting of this site in the immediate vicinity of the Washington County Medical Center. Finding the proposed P-1 zoning would be compatible with the surrounding hospital uses and zoning staff recommends approval. Wade Philips, applicant, offered that he was present for questions. No public comment was received. Motion: Commissioner Chesser made a motion to forward the request. Commissioner Bunch seconded the motion. Upon roll call the motion was passed with a vote of 7-0-1 with Commissioner Lack recusing. Planning Commission July 26, 2010 Page 9 of 9 ADM 10-3630: Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch. 162 Use Conditions: Recycling Facilities): Submitted by CITY PLANNING STAFF to create definitions for community recycling drop-off facilities and centers for collecting recyclable materials and to allow such uses in appropriate zoning districts. Andrew Garner, Senior Planner, gave the staff report discussing the proposed clarifications to the Unified Development Code to differentiate between a community recycling drop-off facility and a center for collecting and processing recyclables. No public comment was received. Tom Hubbard, City Utilities Department, explained the intent for a proposed recycling drop-off on the west side wastewater treatment facility. Commissioner Cabe discussed that he thinks this is a good idea and commended staff. Motion: Commissioner Cabe made a motion to forward the request to City Council as recommended by staff with a recommendation for approval. Commissioner Lack asked about what the term salvage yard was referring to in Section #1. Garner discussed that salvage yard was in the process of being defined in UDC chapter 151, definitions, as part of some pending UDC modifications at City Council. Commissioner Chesser seconded the motion. Upon roll call the motion was passed with a vote of 8-0-0. After announcements: Commissioner Hoskins asked about signs in the RSF-4, Residential Single Family 4 units per acre, zoning district. Williams discussed concerns with rulings in Supreme Court cases on this topic. There being no further business, the meeting was adjourned at 6:42 P.M.