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HomeMy WebLinkAbout2012-08-27 MinutesPlanning Commission August 27, 2012 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 27, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: August 13, 2012 Page 3 ACTION TAKEN Approved VAC 12-4201: Vacation (NANTUCKET PH. IV, 563): Page 3 Approved Old Business: ADM 12-4175: Administrative Item (OAKBROOKE PHASE III/JOYCE, 361): Page 4 Tabled ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558): Page 5 Denied New Business: PPL 12-4140: Preliminary Plat (1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE, 369): Page 6 Tabled CUP 12-4176: Conditional Use Permit (3845 E. SKILLERN/HARTSFIELD, 295): Page 7 Approved PPL 12-4177: Preliminary Plat (3845 E. SKILLERN/HARTSFIELD, 295): Page 8 Approved CUP 12-4185: Conditional use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 9 Approved Planning Commission August 27, 2012 Page 2 of 10 William Chesser Tracy Hoskins Porter Winston Kyle Cook Ryan Noble Matthew Cabe Blake Pennington Sarah Bunch STAFF PRESENT Andrew Garner Quin Thompson CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Craig Honchell 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 except Commissioner Honchell were present. Planning Commission August 27, 2012 Page 3 of 10 Consent. Approval of the minutes from the August 13, 2012 meeting. VAC 12-4201: Vacation (NANTUCKET PH. IV, 563): Submitted by CIVIL DESIGN ENGINEERING for property located WEST OF MORNINGSIDE DRIVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 3.76 acres. The request is to vacate a utility easement. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0 Planning Commission August 27, 2012 Page 4 of 10 Old Business: ADM 12-4175: Administrative Item (OAKBROOKE PHASE III/JOYCE, 361): Submitted by JEB JOYCE for property located at OAKBROOKE PHASE III. The property is zoned Oakbrooke III R-PZD 09- 3439 and contains a total of 20.88 acres. The request is to modify Oakbrooke Phase III, RPZD 09-3439, by reducing the density of Planning Areas 1, 3, & 4 from 129 dwelling units to 68 dwelling units. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table ADM 12-4175 indefinitely. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Hoskins recusing. Planning Commission August 27, 2012 Page 5 of 10 ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558): Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests a variance of the I-540 Design Overlay District standards to allow direct lighting for a sign (electronic message board sign). Andrew Garner, Senior Planner, gave the staff report. Kim Fugitt, applicant, gave background for the presentation and introduced the next speaker. Don Cobb, sign designer, introduced an expert on LED signage. Matt Chavoix, sign company, discussed the advertising benefits of LED signage. He discussed a study that indicated these types of signs are not unsafe. He discussed a lens that could go over the sign. Public Comment: Kevin Sanchez, highway designer for the AHTD, questioned the report referenced by Mr. Chavoix because he thought the signs might pose a traffic safety hazard. He asked if the federal DOT endorsed the report. No more public comment was presented. Commissioner Winston asked Mr. Chavoix if the federal DOT endorsed the report. Matt Chavoix was not sure but the study referenced several federal agencies. Commissioner Bunch asked about the size of the sign. Kim Fugitt, applicant, indicated that the sign will be approximately 4 feet by 15 feet and will not exceed the 20% maximum of wall surface area under the sign ordinance. Kit Williams, City Attorney, discussed the background and intent behind the ordinance. The information about the size of the sign is irrelevant. He discussed that the referenced study was from 1980 which is not relevant because the current sign technology was not available at that time. He discussed that these are attraction devices that the ordinance intended to keep out of the I-540 DOD. Because it is such a black and white ordinance he indicated that he did not feel it was appropriate for the planning commission to even be able to consider the proposed variance. Commissioner Chesser discussed concerns with the ordinance not being enforced consistently. The code should be updated. He feels that this sign, however, is direct lighting. Motion: Commissioner Chesser made a motion to deny ADM 12-4182. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 6-2-0, with Commissioners Noble and Hoskins voting `no'. Planning Commission August 27, 2012 Page 6 of 10 New Business: PPL 12-4140: Preliminary Plat (1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE, 369): Submitted by BATES AND ASSOCIATES for property located at 1730 NORTH OLD WIRE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 13.64 acres. The request is for a residential subdivision with 53 single family lots. Andrew Garner, Senior Planner, gave the staff report. Public Comment: Kevin Shanchez, adjacent property owner #3 as indicated on the plans, discussed drainage problems in the area. He indicated an email request for City street standards to determine if the proposed street met the standards. Nancy Burris, lives on Ash Street, discussed that she will have 24-hour traffic by her house because of this development. She is concerned with gridlock. She has never had drainage problems but has heard that many of her neighbors have. Yee Leon (sp?), adjacent neighbor, discussed support for development efforts. She discussed concems with development in the flood zone and the creek near her property. Sally Kelly, lives on Ash Street. She discussed that when the subdivision on Ash Street was developed there was a drainage problem and the plan was modified to put in a pipe from Charlee to Ash which addressed the problem. She wants to make sure that this development does not make the drainage problems any worse. She discussed that she hopes the trees that are shownon the plan to remain wil fit4nY1f111 No more public comment was presented. Geoff Bates, applicant, responded that the streets have been approved by the Fire Department and discussed the drainage design and other public comments that were mentioned. Commissioner Cabe noted to the public that others are taking notes on the public comment to make sure they are addressed. Motion: Commissioner Chesser made a motion to table PPL 12-4140 until the September 10, 2102 Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Bunch recusing. CUP 12-4176: Conditional Use Permit (3845 E. SKILLERN/HARTSFIELD, 295): Submitted by ALAN Planning Commission August 27, 2012 Page 7 of 10 REID for property located at 3845 E. SKILLERN. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 1.54 acres. The request is for a tandem lot associated with PPL 12-4177. Porter Winston, Planning Commission Chair, stated that two agenda items, CUP 12-4176 and PPL 12- 4177 were related and would be considered together. Quin Thompson, Current Planner, gave the staff reports for CUP 12-4176 and PPL 12-4177. Public Comment: There was no public comment. Alan Reid, representing the applicant, indicated that he believed the items met all City requirements and stated that he was ready to answer any questions the [Planning] Commission might have. Commissioner Chesser asked staff how many homes were served by the private drive currently, adding that the drive already acts as a public access. Thompson replied that the drive currently serves three (3) residences; that it could be considered to be acting as a public access, so that functionally the use would not change with the creation of a new residential lot. Motion: Commissioner Chesser made a motion to approve CUP 12-4176 with all conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 27, 2012 Page 8 of 10 PPL 12-4177: Preliminary Plat (3845 E. SKILLERNIHARTSFIELD, 295): Submitted by ALAN REID for property located at 3845 E. SKILLERN. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 1.54 acres. The request is for a residential subdivision with two single family lots. See comments under CUP 12-4176 above. Motion: Commissioner Chesser made a motion to approve PPL 12-4177 with all conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 27, 2012 Page 9 of 10 CUP 12-4185: Conditional use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by JOE BROOKS 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 for a dance hall in an existing restaurant. Quin Thompson, Current Planner, gave the staff report. Public Comment: There was no public comment. Will Houston, representative of the applicant, spoke to the number of required parking places and the number available for use by Buck Nekkid BBQ. He indicated that there are 170 existing parking places in the Buck Nekkid lot, and that his calculations indicated a required number of 216 places for the proposed dance hall and outdoor music venue; a deficit of 46 parking places. Mr. Houston referenced a `Common Area Usage' agreement that is included in the covenant that guides the entire commercial development of Spring Creek Centre, of which Buck Nekkid BBQ is a part. Thompson stated that in staff opinion, while the document did guarantee common use of a large number of parking spaces among the businesses at Spring Creek Centre, it did not guarantee that those spaces would be available when required by Buck Nekkid BBQ, that the format was not appropriate for the current request. Thompson added that according to information provided after the staff report was published, it appeared as though the applicant needed only 5 additional parking places to meet the requirement. Chesser reiterated his strong support of dancing and dance halls for the record, before stating that he was not comfortable allowing the requested use until the parking counts were verified. Chesser made a motion to table the item until the required parking had been provided. The Motion was seconded by Comissioner Cook, but failed to pass. Commissioner Hoskins asked the City Attorney if the commission could grant a variance for 5 parking spaces. Mr. Garner suggested that a 10% reduction in the requirement was possible with the addition of additional bicycle or motorcycle parking. Hoskins made a motion that the CUP 12-4185 be approved with the additional conditions that the parking must meet city requirements before the use is allowed, and that the business must meet the Noise Ordinance. Planning Commission August 27, 2012 Page 10 of 10 Motion: Commissioner Chesser made a motion to table CUP 12-4185. Commissioner Cook seconded the motion. Upon roll call the motion failed with a vote of 4-4-0. Commissioner Hoskins made a motion to approve CUP 12-4185 with the conditions recommended in the staff report, finding on #1 that the applicant install the correct number of motorcycle/scooter parking spaces and/or bike racks to meet the minimum parking numbers, modifying condition of approval #7 to simply state they must comply with the noise ordinance. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-0, with Commissioners Cabe and Chesser voting no. There being no further business, the meeting was adjourned at 6:45 PM.