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HomeMy WebLinkAbout2010-08-09 MinutesPlanning Commission August 9, 2010 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 9, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent. MINUTES: July 26, 2010 Page 3 Old Business: ACTION TAKEN Approved CUP 10-3595: Conditional Use Permit (112 E. CENTER ST. DANCE HALL, 523) Page 4 Tabled New Business: PPL 10-3616: Preliminary Plat (RIVERWALK I, 645/684) Page 5 Approved CUP 10-3623: Conditional Use Permit (SIDEWALK VENDOR, 484) Page 7 Approved CUP 10-3622: Conditional Use Permit (KILPATRICK/4910 W. WEDINGTON DRIVE): Page 8 Tabled RZN 10-3625: Rezone (CEDAR CREST ACADEMY, 478) Page 9 Forwarded RZN 10-3626: Rezone (NORTHWEST CORNER HWY. 45/BOX AVE, 372) Page 10 Forwarded Planning Commission August 9, 2010 Page 2 of 10 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 Commissioners Cabe and Honchell. Planning Commission August 9, 2010 Page 3 of 10 Consent. Approval of the minutes from the July 26, 2010 Planning Commission meeting. Motion• Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 9, 2010 Page 4 of 10 Old 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 this item be tabled. No presentation or public comment was received. Motion: Commissioner Winston made a motion to table the item indefinitely. Commissioner Chesser seconded. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 9, 2010 Page 5 of 10 New Business: PPL 10-3616: Preliminary Plat (RIVERWALK I/DEADHORSE MTN RD, 645/684): Submitted by H2 ENGINEERING, INC. for property located 1.3 MILES SOUTH OF HWY 16E, ALONG THE WEST SIDE OF DEADHORSE MOUNTAIN ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 95.91 acres. The request is for phase I of a residential subdivision with 58 single-family lots Andrew Garner, Senior Planner, gave the staff report discussing the proposed subdivision and public comment that had been presented at two subdivision committee meetings. Kip Hearne, applicant, discussed that the pond is proposed to be integrated into the overall subdivision. He discussed on -street parking and the street cross section. He discussed the springs on the property. He also discussed that a wetland delineation will be completed prior to construction. No public comment was received. Commissioner Hoskins asked how deep the pond is. Hearne discussed that the pond stays wet all the time. Hoskins asked if there is a requirement for wet ponds to be screened/fenced. Glenn Newman, Staff Engineer, said no but in the past sometimes a screen or fence has been required as part of the Planning Commission determination of a variance. He discussed that felt that the pond was adequately screened and separated from the residents. Garner discussed that it is common for ponds, lakes, and streams to remain unfenced and the public are encouraged to access such areas in several parks throughout the City. Commissioner Earnest asked about the springs. Hearne discussed that Lot 8 with the pond has springs. He also discussed locations of other springs on—site. Commissioner Winston asked about the trail on Dead Horse Mountain and the condition of approval number 1. Garner recommended that the lot number references in condition of approval #l.a. be removed as the lot numbering has changed with the revised submittal. He recommended that condition of approval #1.a. be changed to read, "...the trail shall be provided as indicated on the plat." Newman discussed that there is an existing trail to a lift station on the site that will be integrated into the subdivision and is being accepted for parkland dedication. He also discussed the multi -use trail continues along Dead Horse Mountain Road. Planning Commission August 9, 2010 Page 6 of 10 Motion: Commissioner Winston made a motion to approve. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 9, 2010 Page 7 of 10 CUP 10-3623: Conditional Use Permit (SOUTHEAST CORNER DICKSON ST.IWEST ST. and SOUTHWEST CORNER OF CENTER STJBLOCK AVE., 484): Submitted by ALEXANDER DICKEY for property located at the SOUTHEAST CORNER OF DICKSON STREET/WEST STREET AND THE SOUTHWEST CORNER OF CENTER STREET/BLOCK AVENUE. The property is zoned MSC, MAIN STREET CENTER and is on the public sidewalk. The request is for approval of a conditional use permit to allow a sidewalk vendor cart that is 5 -foot wide when the maximum is 3 -foot, and to permit a sidewalk vendor in an alternate location. Andrew Garner, Senior Planner, gave the staff report discussing the background of the sidewalk vendor ordinance and the applicant's request. Alexander Dickey, applicant, discussed his proposed vendor cart size and location to the planning commission. No public comment was received. Commissioner Chesser asked how condition of approval #2 would be enforced. Garner explained that there will be a sign to direct customers to line up down the street away from the intersection. If a valid complaint were presented, this could be brought back to the Planning Commissioner. Kit Williams, City Attorney, noted that condition of approval #2 should be modified to direct customers to line up down Center Street. Motion #1 Alternative Location at Center Street/Block Avenue: Commissioner Chesser made a motion to approve the request at the alternative location at Center Street/Block Avenue with the conditions recommended by staff, with a modification to condition of approval #2 as stated by the City Attorney, for customers to line up down Center Street. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 7- 0-0. Motion #2 Larger Size Sidewalk Vendor Cart: Commissioner Chesser made a motion to approve the larger size sidewalk vendor cart as proposed by the applicant with the conditions recommended by staff. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 9, 2010 Page 8 of 10 CUP 10-3622: Conditional Use Permit (KILPATRICK/4910 W. WEDINGTON DRIVE): Submitted by SARAH KILPATRICK for property located at 4910 WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.95 acres. The request is for a child care center in the existing residential structure. The applicant requested this item be tabled until the September 13, 2010 meeting. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table the request until the September 13, 2010 Planning Commission. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission August 9, 2010 Page 9 of 10 RZN 10-3625: Rezone (CEDAR CREST ACADEMY/PERSIMMON, 478): Submitted by DAVE JORGENSEN for property located on the SOUTH SIDE OF PERSIMMON ROAD, WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned RSF-4, SINGLE FAMILY - 4 UNIT/ACRE and contains approximately 2.25 acres. The request is to rezone the subject property to P-1, Institutional. Andrew Garner, Senior Planner, discussed the proposal for P-1 zoning and staff's recommendation for approval. Justin Jorgensen, applicant, stated that he was available for questions. No public comment was received. Commissioner Hoskins discussed that this is another issue requesting signage in the RSF-4 zoning district. Motion: Commissioner Kennedy made a motion to forward the request with staff's recommendation to approve. Commissioner Hoskins seconded the motion. Commissioner Winston stated that he agrees that this is consistent with our Land Use Plan. Upon roll call the motion was approved with a vote of 6-0-1 with Commissioner Lack recusing. Planning Commission August 9, 2010 Page 10 of 10 RZN 10-3626: Rezone (NORTHWEST CORNER HWY. 45/BOX AVE, 372): Submitted by H2 ENGINEERING, INC. for property located at THE NORTHWEST CORNER OF HWY 45E & BOX AVENUE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 1.20 acres. The request is to rezone the property to CS, Community Services. Dara Sanders, Planner, gave the staff report. She discussed the history of the property and recommended that the item be forwarded to the City Council with a recommendation for approval. Kip Hearne, applicant, stated they were lucky to have this form based zoning. This property would sit vacant if not for this zoning and the access management code. Commissioner Earnest asked the applicant to explain the statement regarding a buffer and setback between the subject property and the adjacent residential property. Sanders discussed the building setbacks. Commissioner Winston expressed support for the request because the development and zoning codes are much different that when this property was last proposed to be C-1. Motion: Commissioner Kennedy made a motion to forward the request. Commissioner Chesser seconded the motion. Upon roll call the motion to forward with staffs recommendation of approval passed with a vote of 7-0-0. Announcements: Commissioner Hoskins asked staff about the proposed sign ordinance changes and the potential for signage in single family zoning districts. Garner discussed that staff is proposing some changes to the sign ordinance that will be heard at the August 30`h Planning Commission meeting. Staff has received a memo from Commissioner Earnest requesting staff to look at the potential for signage in RSF-4 zoning districts. Staff's proposed amendments to the sign ordinance will attempt to respond to Commissioner Earnest's request, and the August 30`h meeting will provide an opportunity for the Commission to provide specific recommendations. Kit Williams, City Attorney, discussed his concern that signage should be consistent with the underlying zoning district. There being no further business, the meeting was adjourned at 6:30 P.M