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HomeMy WebLinkAbout2012-07-09 MinutesPlanning Commission July 9, 2012 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 9, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent: MINUTES: June 25, 2012 Page 3 ACTION TAKEN Approved VAC 12-4147: Vacation (510 W. 11TH ST. & 989 S. SCHOOL AVE./THE GROVE, 562): Page 3 Approved New Business: CUP 12-4150: Conditional Use Permit (1722 N. STARR DR./ST. JOSEPH CHURCH, 373): Page 4 Approved RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Page 5 Tabled ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 6 Tabled Planning Commission July 9, 2012 Page 2 of 8 William Chesser Tracy Hoskins Craig Honchell Porter Winston Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch Ryan Noble Matthew Cabe Blake Pennington 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present except for Commissioners Bunch, Noble, Cabe, and Pennington. Planning Commission July 9, 2012 Page 3 of 8 Consent. Approval of the minutes from the June 25, 2012 meeting. VAC 12-4147: Vacation (510 W. 11TH ST. & 989 S. SCHOOL AVE./THE GROVE, 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 12.16 acres. The request is to vacate a portion of right-of-way. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 5-0-0 Planning Commission July 9, 2012 Page 4 of 8 New Business: CUP 12-4150: Conditional Use Permit (1722 N. STARR DR./ST. JOSEPH CHURCH, 373): Submitted by JORGENSEN AND ASSOCIATES for property located at 1722 NORTH STARR DRIVE. The property is zoned R -A, RESIDENTIAL- AGRICULTURAL and contains approximately 11.32 acres. The request is for a conditional use permit for a playground, walking trail, and sports field (Use Unit 4). The staff report was given by Quin Thompson. Mr. Paul Warren of St Joseph described the project for the Commissioners. Motion: Commissioner Cook made a motion to approve CUP 12-4150 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. Planning Commission July 9, 2012 Page 5 of 8 RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. for properties located at 4054 & 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT (OAKBROOK BI) and contain approximately 1.80 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Motion: Commissioner Cook made a motion to table RZN 12-4146 until 7-23-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 4-1-0, with Commissioner Hoskins voting no. Planning Commission July 9, 2012 Page 6 of 8 ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the conditional use permit. Staff report was given by Quin Thompson. Joe Brooks, the applicant, gave background for where the project stands and how it reached this point. There were no comments from the public; the item was brought back to the commission. Commissioner Winston asked the board to discuss whether the CUP should be revoked or the item tabled. City Attorney Williams asked how long it would take to resolve the violations. Mr. Brooks was not sure how long to complete the testing and back filling of the waterline and trench. He said relocation of the stage was waiting until the trench was filled. Thompson said that he had received an e-mail from Buck Nekkid representative Will Houston indicating that the items were being addressed and would be complete within two weeks. Mr. Williams added that the stage location must be consistent with the approved Conditional Use Permit. Mr. Brooks responded that the stage was never meant to remain in the current location, that it was simply being constructed in a convenient location before being moved. Mr. Chesser asked Mr. Brooks if the stage location was always intended to be temporary. Mr. Brooks responded that it was a temporary `assembly' location and that it could be moved. Mr. Chesser asked if building permits were applied for when the restaurant opened. Thompson stated that they were not necessarily required to open a former restaurant as a new restaurant. Mr. Hoskins asked how long the restaurant had been open. Mr. Thompson said that he was not sure but believed it was close to a year. Mr. Hoskins asked when the Certificate of Occupancy was issued. Thompson replied that neither temporary nor permanent Certificates of Occupancy had be requested Planning Commission July 9, 2012 Page 7 of 8 or issued for the cooking shed and patio addition. Mr. Hoskins asked why the Certificates of Occupancy had not been issued Mr. Thompson replied that the cooking shed and patio required inspections before C of O, including inspections for a footing and electrical work on the cooking shed and all inspections for the patio. Mr. Hoskins asked why the footing had not been inspected. Mr. Thompson replied that the footing had not been installed as designed, and in staff opinion was a potential public safety risk, adding that development services had recently reviewed an engineered proposal to secure the shed to the pavement using `mobile home' anchors. Mr. Hoskins asked about approvals for the fire line and automatic sprinkler systems. Mr. Thompson said that the tap and fire line installation did not require a building permit, although the work did require Water and Fire department approval. He said that approvals were given close to a year before work commenced, and that Development Services and the Fire Department were not expecting the work. He added that Development Services issued a stop work order after reports that trenching was under way near the illegal stage, with the assumption that the trenching was related to continuing stage construction. When the red stop work tag was delivered, he says he received a call from the building inspector saying that there was unpermitted plumbing work underway, including a tap to a City water main. The stop work order intended for the stage then effectively stopped work on the sprinkler project until the sprinkler approvals were confirmed and work was allowed to continue. Mr. Hoskins asked about the size of the stage. Mr. Brooks replied that is was approximately 10 feet by 20 feet. Mr. Thompson responded that he wasn't sure about the dimensions of the stage, but that it was larger than had been approved. Mr. Hoskins asked Mr. Brooks to provide a drawing or diagram of the stage, relocated to an approved location. Mr. Hoskins expressed concern about the way the projects were being handled, and suggested that the applicant may want to amend the existing Conditional Use Permit to allow the stage in a new location. Mr. Honchell discussed the size of the stage and added that he could not imagine a better location for outdoor music, given how close the highway is and long distance to the nearest residential neighborhoods. Planning Commission July 9, 2012 Page 8 of 8 Mr. Brooks discussed plans for the music venue, including a larger venue planned for a second location on the site. Mr. Chesser discussed the relative difficulty of getting a variance approved through the Board of Adjustment, adding that he would support a tabling of the ADM if it was reasonable for the applicant to resolve outstanding items before the next planning commission meeting. Mr. Williams recommended tabling for two weeks. Mr. Thompson discussed the schedule provided by Buck Nekkid, showing that work was scheduled to be complete and inspections scheduled well within a two week period. Motion: Commissioner Chesser made a motion to table ADM 12-4168 until 7-23-12. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 7.00 PM.