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HomeMy WebLinkAbout2012-10-08 MinutesPlanning Commission October 08, 2012 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on October 8, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: September 24, 2012 Page 3 New Business: ACTION TAKEN Approved ADM 12-4237: Administrative Item (719 W. MARTIN LUTHER KING BLVD./KUM AND GO, 522): Page 4 Approved LSD 12-4194: Large Scale Development (1967 W. TRUCKERS DR./CLARITY POINTE, 247): Page 5 Tabled LSD 12-4190: Large Scale Development (1325 JOYCE BLVD/LEGACY BANK, 175): Page 6 Approved PPL 12-4225: Preliminary Plat (3018 & 2980 N. ALTUS LNJALTUS SUBDIVISION, 258): Page 7 Tabled CUP 12-4235: Conditional Use Permit (729 WEST NORTH STREET/RECYCLING DROP-OFF FACILITY, 444): Page 8 Approved Planning Commission October 08, 2012 Page 2 of 12 Tracy Hoskins Blake Pennington Sarah Bunch Kyle Cook Ryan Noble Matthew Cabe Blake Pennington STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Craig Honchell Porter Winston 5:30 PM- Planning Commission Vice -Chairman Kyle Cook called the meeting to order. Chairman Cook requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Bunch, Honchell and Winston. Planning Commission October 08, 2012 Page 3 of 12 Consent. Approval of the minutes from the September 24, 2012 meeting. Motion• Commissioner Cabe made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Commissioner Bunch arrived after the consent agenda. Planning Commission October 08, 2012 Page 4 of 12 New Business: ADM 12-4237: Administrative Item (719 W. MARTIN LUTHER KING BLVD./KUM AND GO, 522): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 719 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The applicant requests a waiver of the Unified Development Code Section 166.13 (Underground Utility Wires) to allow two existing overhead power poles and associated overhead wires to stay in place, running east and west along Martin Luther King Boulevard. Andrew Garner, Senior Planner, gave the staff report. Erin Rushing, applicant, discussed the cost to place the utilities underground. No public comment was presented. Kit Williams, City Attorney, discussed the interpretation of the code requiring utilities to be placed underground and legal concerns with staff's interpretation requiring to place the subject utilities underground. He asked the applicant for additional information. Erin Rushing, applicant, responded to the City Attorney and explained where the store would be served for electric service from Pole No. 3 and Pole No. 1 will remain to serve as an anchor pole. Kit Williams, City Attorney, discussed concerns that Pole No. 2 is not "in the development' and the code may not apply to Pole No. 1 and Pole No. 2. Mark Mobley, SWEPCO, discussed that if Pole No. 1 goes away another stand-alone pole is required or a guy wire required. Commissioner Chesser discussed burying the lines associated with Pole No. 2 and other options. He asked about the cost estimates provided by the applicant. Erin Rushing, applicant, discussed that it would cost about $12,000.00 to place the utilities underground from Pole No. 2 to the house. Commissioner Hoskins discussed that Pole No. 3 is exempt. He asked the applicant if the utility connection to the new store could be made underground from Pole No. 1 and if utility connection to the existing house on the north side of MLK could be made from Hill Avenue. Mark Mobley, SWEPCO, discussed the option of going underground from Hill Avenue to the store, that Pole No. 1 was needed for anchor wires, and that the existing house on the north side of MLK could be connected from the Hill Avenue area instead of going across MLK. Commissioner Hoskins discussed various details of utility service to the existing house, the surrounding area, and the proposed store. Kit Williams, City Attorney, discussed that he would prefer to wait on a decision until something final was presented. Planning Commission October 08, 2012 Page 5 of 12 Erin Rushing, applicant, discussed that the store was under construction and timing was critical. He discussed that the various utility connection options discussed by the commission and SWEPCO would work. Motion: Regarding ADM 12-4237 Commissioner Chesser made a motion to approve a waiver to allow overhead utilities to be extended on the north side of Martin Luther King from the Hill Avenue area to the existing residence that is currently served from Pole #2 and to deny a waiver to retain Poles #2 and #3 and their above -ground utilities. The only above -ground utilities on the site shall be Pole #1 and its associated anchor wires and above -ground utilities as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission October 08, 2012 Page 6 of 12 LSD 12-4194: Large Scale Development (1967 W. TRUCKERS DR./CLARITY POINTE, 247): Submitted by GBS ENGINEERING for property located at 1967 WEST TRUCKERS DRIVE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT, and contains a total of 4.96 acres. The request is for an assisted living facility. Quin Thompson, Currnet Planner, gave the staff report. Commissioner Hoskins verified that the central issue had been two trees that were being removed for development, and one of those had since been proven to be in poor condition, so that the project was being denied because of one tree. He noted that the applicant has proposed planting more than double the number of trees required. He indicated that he would support approval of the plan if the applicant were to guarantee that the landscape plan be built as submitted, and that 100% of the trees planted be bonded. Hunter Haynes, applicant, indicated that he would build the landscape plan as designed, and that 100% of the planted trees would be bonded. Hoskins asked if the Urban Forester was satisfied with the Landscape Plan as submitted. Megan Dale, Urban Forester replied that the landscape plan meets or exceeds all UDC requirements, but the project as submitted does not meet the requirements of the tree preservation ordinance. Dale also noted that only the trees required by the UDC are required to be bonded without a specific condition being approved. Mark Bialik, Civil Engineer, repeated that 100% of the trees would be bonded. Commissioner Chesser asked the Urban Forester if the project was being denied because of two trees. Dale replied that this was the case. The ordinance requires that 25% of the site be forested, while currently 7.4% exists on site. Therefore Staff cannot recommend approval. Bialik stated that the project team has tried to meet the requirement, but that the building design has zero flexibility because it had been designed by experts at the University of [Kentucky] and that the Fire Code required drive aisles on both sides such that the building could not be shifted enough to save the tree in question.. Hoskins said that the storm water detention area appeared to be very large for the development, but appeared to be a very good design for the surrounding area in terms of mitigation for pollution. Glen Newman, City Engineer, stated that the drainage plan would be beneficial to the adjacent nature preserve. Commissioner Cabe spoke up to say that he would not be able to support the applicant, as the argument had become one of `it's just one tree' which is not a compelling reason to approve the project, and given the quality of design professionals involved, the site should be arranged to avoid one tree and meet the ordinance. Planning Commission October 08, 2012 Page 7 of 12 Motion #1: Commissioner Hoskins made a motion to approve Condition Number One (1) of LSD 12-4194 with the condition that the landscape plan be required as proposed with the bonding of 100% of proposed trees. Commissioner Pennington seconded the motion. Upon roll call the motion failed with a vote of 2-4-1, with Commissioners Cook, Bunch, Cabe, and Chesser voting no and Commissioner Noble recusing. Motion #2: Commissioner Hoskins made a motion to table LSD 12-4194 to the 10-22-12 Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-1, with Commissioner Noble recusing. Planning Commission October 08, 2012 Page 8 of 12 LSD 12-4190: Large Scale Development (1325 JOYCE BLVD/LEGACY BANK, 175): Submitted by USI CONSULTING ENGINEERS, INC. for property located at 1325 JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 1.53 acres. The request is for a bank of 4,850 square feet with associated drive-thru facility and parking. Jesse Fulcher, Current Planner, read the staff report. Ken Shireman, applicant, stated that the Streamside Ordinance was new, so they had to work with the client and this ordinance to design a successful project. The building has been moved as far west as reasonably possible, with approximately 100' between the stream and curb line. A extensive landscape plan has been developed for the riparian area. Aubry Shepard, citizen, stated that the weeds in Kitty Creek are not weeds like you find in your yard. They are good for the riparian area. The stream area shouldn't be maintained, but left natural. A variance shouldn't be granted. Commissioner Hoskins asked staff about site design alternatives that were available to the applicant. Glenn Newman, Staff Engineer, stated they could shift the site over some, provide underground detention or joint detention to the south with the adjacent property. Commissioner Hoskins asked the applicant if they had considered underground detention. Shireman stated that they did, but you don't get nearly as much filtration with this method. Newman stated that they will have short-term storage on site and establish a riparian area. Commissioner Hoskins asked staff if the plan would be an improvement. Newman stated that it would. Andrew Garner, Senior Planner, reminded the commission that they needed to make a finding for a hardship if they were going to support the variance request. Kit Williams, City Attorney, asked how the project will effect the stream bank. Sarah Wrede, Floodplain Administrator, stated that the grading is outside of the bank. Commissioner Cook asked if (Sarah) had reviewed the landscape plan. Wrede stated that they were using native vegetation, which is an enhancement. The variance is for the grading activities to install the pond. Commissioner Hoskins asked the applicant if the agreed with all conditions. Shireman stated they did. Planning Commission October 08, 2012 Page 9 of 12 Motion• Commissioner Hoskins made a motion to approve LSD 12-4190 with all staff recommendations. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission October 08, 2012 Page 10 of 12 PPL 12-4225: Preliminary Plat (3018 & 2980 N. ALTUS LNJALTUS SUBDIVISION, 258): Submitted by NATHAN HARRIS for properties located at 3018 AND 2980 NORTH ALTUS DRIVE, The property is in the PLANNING AREA and contains approximately 3.29 acres. The request is for a residential subdivision with three single family lots. Andrew Garner, Senior Planner, discussed that applicant called him before the meeting and had something come up and if he was not at the meeting that it be tabled for two weeks. No public comment was presented. Motion: Commissioner Cabe made a motion to table PPL 12-4225 until the October 22, 2012 Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission October 08, 2012 Page 11 of 12 CUP 12-4235: Conditional Use Permit (729 WEST NORTH STREET/RECYCLING DROP-OFF FACILITY, 444): Submitted by THE CITY OF FAYETTEVILLE for property located at 729 WEST NORTH STREET. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0.75 acres. The request is for a recycling drop-off facility (Use Unit 2) in the RMF -40 zoning district. Jesse Fulcher, Current Planner, read the staff report. Commissioner Cook asked if there would be lighting. Fulcher stated that all lighting will be full cut-off. Don Marr, Chief of Staff, stated that the original location was proposed at the west side treatment plant, but the cost has delayed construction of this facility. This facility will be staffed up to 40 hours per week with pick up during business hours, 7:30 to 3:30. Terry Gulley, Transportation Director, stated that this was a great site near a concentration of multi- family housing. This site will introduce recycling to those not familiar with the 15`h Street site. The City is hoping to install a restroom facility adjacent to the trail within the existing pump station building. Tom Pevehouse, neighbor (owns 7-11 across street) stated that this facility will create more traffic in an already congested area and increase flooding problems on his property and adjacent properties. Gulley stated that they've identified some drainage issues in the area and are familiar with the drainage problems on the neighbor's properties. There is a collapsed drainage pipe south of both sites that was recently discovered. This has caused water to follow a Swale directly north into the church parking lot adjacent to the 7-11. The city is going to repair this pipe, which will direct most of the flow around these properties. The maximum amount of traffic seen at the 15`h Street site is 4-5 cars at one time. Cars won't be stacked into the street at this location. Commission Hoskins asked about the distance between the driveways. Fulcher stated that it was less than 250', but it was an existing driveway. Commission Hoskins asked who prepared the drainage report. Glenn Newman, Staff Engineer, stated that the plan was created by engineering staff. Motion: Commissioner Chesser made a motion to approve CUP 12-4235 with all staff recommendations. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission October 08, 2012 Page 12 of 12 There being no further business, the meeting was adjourned at 7:51 PM.