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HomeMy WebLinkAbout2013-01-14 MinutesPlanning Commission January 14, 2013 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 14, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN Consent: MINUTES: December 10, 2012 Approved Page 3 New Business: ADM 12-4286: Administrative Item (205 W. DICKSON ST./NOMAD'S, 484): Page 4 Approved LSP 12-4283: Lot Split (3990 E. MISSION BLVD./PUDE, 296): Page 6 Approved LSD 12-4275: Large Scale Development (W. CENTER ST. AND S.W. CORNER OF DUNCAN AVE./WEST CENTER, 483 & 522): Page 7 Approved CUP 12-4278: Conditional Use Permit (4107 N. STEELE BLVD./DAMGOODE PIES, 134): Page 9 Denied R-PZD 12-4284: Residential Planned Zoning District (PARK HILL AT MOUNTAIN RANCH, 478): Page 10 Forwarded RZN 12-4273: Rezone (1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS, 407): Page 11 Tabled Planning Commission January 14, 2013 Page 2 of 12 Tracy Hoskins Kyle Cook Matthew Cabe Craig Honchell William Chesser Blake Pennington Porter Winston STAFF PRESENT Quin Thompson Jesse Fulcher Andrew Garner Glenn Newman CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Ryan Noble Sarah Bunch 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 Bunch and Noble were present. Planning Commission January 14, 2013 Page 3 of 12 Consent. Approval of the minutes from the December 10, 2012 meeting. Motion• Commissioner Chesser made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 14, 2013 Page 4 of 12 New Business: ADM 12-4286: Administrative Item (205 W. DICKSON ST./NOMAD'S, 484): Submitted by MITCHELL OWEN for property located at 205 WEST DICKSON STREET. The property contains approximately 0.26 acre and is zoned MSC, MAIN STREET CENTER. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). Quin Thompson read the staff report, adding that staff had not been aware of restaurants with similar menus at the time of the report, but that at least three such restaurants had been brought to staff s attention since the report was published. Eric Gallemore, applicant, said that the business is not in direct competition with other nearby restaurants, primarily because his business is not a sit-down restaurant, but rather attracts foot traffic looking for a fast take -away meal in an area with high pedestrian traffic. Lisa Sharp, Owner of Nightbird Books, on whose property Nomad's is located, said that her bookstore has had multiple restaurants lease space in her building, and that her bookstore is highly dependent on the kind of foot traffic that Nomad's supports and generates. She said that Nomad's is helping her keep her business profitable by lowering her overhead and increasing her low -margin sales. No public comment was presented. Commissioner Hoskins asked staff how similar the Nomad's menu was to nearby `permanent' businesses. Quin Thompson stated that there was some similarity and overlap between at least three businesses within one half mile of the Nomad's location, including Emilia's Mediterranean Kitchen, Coco's, and Petra Caf6. Commissioner Hoskins noted that several restaurants had similar menu items, and yet staff opinion had not changed, and questioned staff s reasoning. Quin Thompson stated that it is difficult to establish an adverse affect as required, and gave examples that acknowledge similarity but do not suggest unfair advantage. These included similar items and prices on the lunch menu at Emilia's, while the dinner menu was significantly more expensive than Nomad's offerings, and the fact that Petra Cafe and Nomad's both serve a `falafel pita', but that Nomad's price is two dollars more than Petra Cafe's. Commissioner Chesser stated that he does not think having a similar menu to a mobile vendor necessarily constitutes an adverse affect on `permanent' a business. Chairman Winston asked staff to clarify what precisely the requested variance would allow. Andrew Garner, Senior Planner, responded that the variance would allow Nomad's Natural Plate to remain on the current site for one year from the date of initial Mobile Vending Permit, and that Nomad's would then need a new 90 day Mobile Vendor Permit to remain on the property. [Original Mobile Vendor permit was issued September 19, 2012] Planning Commission January 14, 2013 Page 5 of 12 Commissioner Hoskins said that he would support the variance because the business has been at the site a short time, and he expressed his disagreement with mobile businesses that stay at the same location year after year without being required to meet City development standards that `permanent' businesses must meet. Chairman Winston asked if the business met all size requirements. Andrew Garner, Senior Planner, responded that there are not size limitations for mobile vendors on private property as there are on public property. Motion: Commissioner Cabe made a motion to approve ADM 12-4286 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 14, 2013 Page 6 of 12 LSP 12-4283: Lot Split (3990 E. MISSION BLVD./PUDE, 296): Submitted by ALAN REID AND ASSOCIATES for property located at 3990 EAST MISSION BOULEVARD. The property is in the PLANNING AREA and contains a total of 3.00 acres. The request is to divide the subject property into two tracts of approximately 0.91 and 2.09 acres. Jesse Fulcher, Current Planner, read the staff report. Alan Reid, applicant, stated that the owners want to split the house from the business. Motion: Commissioner Cabe made a motion to approve LSP 12-4283 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 14, 2013 Page 7 of 12 LSD 12-4275: Large Scale Development (W. CENTER ST. AND S.W. CORNER OF DUNCAN AVE.IWEST CENTER, 483 & 522): Submitted by JORGENSEN AND ASSOCIATES for properties located on WEST CENTER STREET AND THE SOUTHWEST CORNER OF DUNCAN AVENUE. The properties are zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE AND DG, DOWNTOWN GENERAL and contain approximately 2.75 acres. The request is for 175 multi -family units with a parking deck. Jesse Fulcher, Current Planner, read the staff report. Seth Mims, applicant, stated that this will be an urban infill project. Blake Jorgensen, applicant, stated that they have met with the property owners to the south and they have no objection to the project. Public comment: Aubry Shepard, citizen, asked what would happen with the runoff. Sherman...., neighbor, stated that he is happy with the project and that it will reduce traffic. Mark Pryor, neighbor, stated that he owns the property to the south and supports the project. Students enjoy being able to walk to campus from this area. Hasn't seen any drainage problems in the past. Alex Molan, neighbor, stated that Eco Flats was a great project and supports this project. Travis Cherry, neighbor, stated that Eco Flats improved property values and reversed blight in neighborhood. He supports this project. End of public comment. Commissioner Chesser asked about the drainage questions and how much impervious surface there would be. Glenn Newman, Staff Engineer, stated that they are meeting ordinance requirements with two underground detention facilities. Jorgensen stated that most of the site is already developed. The site drains in four locations. The proposal is to drain everything to one location, which will reduce existing runoff conditions on surrounding streets. Commissioner Honchell stated that his only concern is pedestrians crossing at Harmon and Center and the lack of visibility in the area. Newman stated that they are installing advanced warning lights to warn oncoming traffic. Commission Honchell stated he was comfortable with the improvements proposed. Commissioner Cabe asked staff to explain the Board of Adjustment discussion. Fulcher stated that the board discussed the topography of the site, the minor protrusions above the height limit and the fact that the property owners to the south were in favor of the project. Planning Commission January 14, 2013 Page 8 of 12 Commission Cabe asked staff to address the density being proposed. Fulcher stated that the majority of the property was zoned Downtown General, which does not have a density limitation. A small portion of the property along the south property line is zoned RMF -40 and they are under that density limitation. Commission Cook stated that this is too much density is this particular location and the center turn -lane on Center will create some visibility issues. Motion: Commissioner Chesser made a motion to approve LSD 12-4275. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 6-2-0, with Commissioners Cabe and Cook voting no. Planning Commission January 14, 2013 Page 9 of 12 CUP 12-4278: Conditional Use Permit (4107 N. STEELE BLVD./DAMGOODE PIES, 134): Submitted by PATRICK HARRIS for property located at 4107 NORTH STEELE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.72 acres. The request is for a conditional use permit for a reduced number of parking spaces. Quin Thompson read the staff report. Patrick Harris, applicant, said that there has been a misunderstanding about the nature of the business at Regency Beauty Institute. He said that it is a school and has been calculated as a salon. He stated that over several weeks meetings had been held on the site with various professionals, and it had never occurred to anyone that parking could be a problem because the parking lot had always been nearly empty. Public comment: Roy Clinton, adjacent property owner, expressed his concern that there is not enough parking, and that customers of DamGoode Pies were likely to overflow into his parking lot, which he says is consistently full at peak times. Brendan Maxwell, Damgoode Pies, said that his years of restaurant management experience indicate that there will be adequate parking for his restaurant. He stated his belief that his restaurant, being a very popular destination business, would improve traffic and business for other nearby developments. Commissioner Honchell asked Mr Clinton whether he had ever been approached by the applicant about a possible shared parking agreement. Mr. Honchell asked staff if an agreement would change staff opinion. Andrew Garner, Senior Planner, said that staff had not considered this, nor had any such agreement been provided by the applicant. Mr. Clinton said that he had been approached, and that some e-mails had been exchanged, but that no agreement had been made. Commissioner Hoskins said that the Planning Commission should focus its decision on the information provided by the applicant and staff, and that it appeared that the applicant was nearly 100% below required minimum parking, which he could not support. Chairman Winston noted that the arrangement of the parking lot made it seem as though parking was shared among both properties, which would invite parking problems. He asked staff to explain the applicant's options if the request should be denied. Mr. Garner answered that the applicant could appeal the decision to City Council, or could alter the request and return to Planning Commission with a new request. Motion: Commissioner Hoskins made a motion to deny CUP12-4278. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 14, 2013 Page 10 of 12 R-PZD 12-4284: Residential Planned Zoning District (PARK HILL AT MOUNTAIN RANCH, 478): Submitted by JORGENSEN AND ASSOCIATES for property located at the SW CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (R-PZD 09-3253) and contains approximately 2.23 acres. The request is for Zoning, Land Use and Development approval of a Residential Planned Zoning District with 13 single family dwellings. Andrew Garner, Senior Planner, gave the staff report. Aaron Wirth, applicant, discussed the proposal and their desire for a different type of residential product No public comment was presented. Commissioner Hoskins asked about the alley design and trash pick-up. Justin Jorgensen, applicant's engineer, discussed that it is a 16' wide two-way alley consistent with the City's cross section. Garner discussed that if the alley is used for trash pick up it will have to meet certain criteria specified by the Solid Waste Division such as maintaining 20 -foot clear and no parking along the alley. Commissioner Honchell asked about the turning radii of the alley. Garner discussed that because it is not a public street the radii may be similar to a typical residential driveway. It is not required for emergency access because the home all of access to the adjacent public streets. Motion: Commissioner Chesser made a motion to forward RPZD 12-4284 to the City Council. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission January 14, 2013 Page 11 of 12 RZN 12-4273: Rezone (1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS, 407): Submitted by BART BAUER for properties located at the 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE. The properties are zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contain approximately 2.18 acres. The request is to rezone Tract A of the Abshier Heights to RMF -12, RESIDENTIAL MULTI -FAMILY, 12 UNITS PER ACRE. Andrew Garner, Senior Planner, gave the staff report. Bart Bauer, applicant/owner, discussed that this site is not conducive to single family. He would do a Bill of Assurance to address some of the neighbor's issues. He has the same building on Mount Comfort Road that he wants to build here. Public Comment: Matt Newman, Ozark Natural Foods, requested that drainage issues that affect their business be addressed when the property develops. Bonnie Turner, 1532 Hillcrest, asked about multi -use, tree preservation, and other development issues that are not clear on the current plan. Apartments are not compatible with our neighborhood. She discussed traffic concerns and that she does oppose it. David Beauchamp, lives next door, discussed traffic issues. He is not excited about apartments and the type of people that live in apartments that would be brought into their neighborhood. Pam Spielman, 329 E. Oakwood, discussed that we were told things that never happened including a Faye Jones park. If there are students in apartments there would be cars all night up and down their street. I would vote `no' for this. No more public comment was presented. Commissioner Hoskins asked if Hillcrest was improved. Garner responded that it was improved with curb and sidewalk, and he pulled up an aerial photo indicating as such. Bart Bauer, applicant, discussed that he would offer a Bill of Assurance for tree preservation. Commissioner Hoskins asked the applicant if he could develop it in accordance with the development codes where parking is screened and other residential design standards. Bart Bauer, applicant, passed out a conceptual plan to the commissioners and discussed that they could do it. Commissioner Winston asked about drainage issues that were brought up by Ozark Natural Foods. Garner discussed that drainage would be addressed at the time of development. Commissioner Winston discussed that this is different than the previous project. He would rather see a PZD. Commissioner Cabe discussed that this is a land use request. He is somewhat comforted with the restrictions of Planning Commission January 14, 2013 Page 12 of 12 the site, such as it is too shallow of a property to allow for buildings to be built up to the allowable 60 -foot height. This will be a struggle to get much density on this site because of the constraints. confirmed that a Bill of Assurance has not been offered. Motion #1: Commissioner Cabe made a motion to forward RZN 12-4273 to the City Council. Commissioner Pennington seconded the motion. Upon roll call the motion failed with a vote of 2-5-0, with Commissioners Hoskins, Chesser, Honchell, Cook, and Winston voting `no'. Motion #2: Commissioner Hoskins made a motion to reconsider RZN 12-4273. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 with Commissioner Honchell voting `no'. Motion #3: Commissioner Hoskins made a motion to table RZN 12-4273 indefinitely. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 7.53 PM.