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Home My WebLink About2013-01-28 MinutesPlanning Commission January 28, 2013 Page I of 7 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 28, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN Consent: MINUTES: January 14, 2013 Approved Page 3 New Business: ADM 13-4299: Administrative Item (RE-EVALUATION OF THE MAE FARM CONDITIONAL USE PERMIT CUP 11-3762,096): Page 4 Approved ADM 13-4306: Administrative Item (2863 E. STONE MOUNTAIN DR./B & R HOMES, 489): Page 5 Denied ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048,287): Page 6 Tabled CUP 12-4293: Conditional Use Permit (778 S. HAPPY HOLLOW RD./LIGHTHOUSE BAPTIST CHURCH, 565): Page 7 Approved Planning Commission January 28, 2013 Page 2 of 7 MEMBERS ABSENT Tracy Hoskins Kyle Cook Matthew Cabe Craig Honchell William Chesser Blake Pennington Porter Winston Ryan Noble Sarah Bunch STAFF PRESENT Jesse Fulcher Andrew Garner Quin Thompson Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 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. Planning Commission January 28, 2013 Page 3 of 7 Consent. Approval of the minutes from the January 28, 2013 meeting. Motion• Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission January 28, 2013 Page 4 of 7 New Business: ADM 13-4299: Administrative Item (RE-EVALUATION OF THE MAE FARM CONDITIONAL USE PERMIT CUP 11-3762, 096): Submitted by CYNTHIA HASELOFF for property located at 4618 N. COLLEGE AVENUE. The property is zoned R -A, Residential Agricultural and C-2, Thoroughfare Commercial and contains approximately 17 acres. The request is for the re-evaluation of CUP 11-3762 that expires on March 14, 2013 to allow the agri-tourism uses indefinitely. Andrew Garner, Senior Planner, gave the staff report. The applicant was not present and no public comment was presented. Commissioner Hoskins asked if helicopter rides are available under this conditional use permit, or can we prevent it, or add conditions of approval regarding the helicopter rides. City Attorney, Kit Williams, discussed that he is reluctant to prevent it under this conditional use permit because the helicopter rides are not related to this permit. The helicopter rides are permitted under a different process. He discussed that this conditional use permit did not generate any complaints. The complaints were related to the helicopter rides. Garner stated agreement that he felt it was not appropriate for the Planning Commission to restrict helicopter rides with this permit because they are allowed by right under the outdoor mobile vendor permit. Commissioner Cook asked about the process for bringing a conditional use permit back to the commission because of complaints. Williams discussed the process for reconsideration of a conditional use permit because of complaints. Motion: Commissioner Chesser made a motion to approve ADM 13-4299 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission January 28, 2013 Page 5 of 7 ADM 13-4306: Administrative Item (2863 E. STONE MOUNTAIN DR./B & R HOMES, 489): Submitted by ENGINEERING SERVICES, INC. for property located at 2863 EAST STONE MOUNTAIN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.45 acres. The request is for a variance to allow street access to a higher classification street. Andrew Garner, Senior Planner, gave the staff report. The applicant was not present and no public comment was presented. Motion #1: Commissioner Chesser made a motion to table ADM 13-4306. Commissioner Cabe seconded the motion. Commissioner Winston discussed that he felt they commission could vote to deny the request without the applicant being here. The applicant did not make an argument for the variance, did not notify staff that they were not going to be able to attend the meeting, and probably chose not to show up because of the lack of an argument for their request. Upon roll call the motion failed with a vote of 4-5-0, with Commissioners Hoskins, Pennington, Cook, Winston, and Bunch voting no. Motion: Commissioner Chesser made a motion to deny ADM 13-4306. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Noble voting `no'. Planning Commission January 28, 2013 Page 6 of 7 ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Submitted by BRIAN CROWNE for property located at WASHINGTON COUNTY FAIRGROUNDS. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 29.61 acres. The request is for the re-evaluation of CUP 12-4048 that expires on February 27, 2013. Jesse Fulcher, Current Planner, read the staff report. No public comment was presented. Tom Sizemore, applicant, stated that AMP staff work with Fayetteville Police Department and take decibel readings every hour at the property lines and take noise readings if complaints are called in. Commissioner Chesser stated that he can hear music at his house. How can the public be notified? Fulcher stated that the commission discussed tabling the request at the agenda session meeting to allow additional time for the public to hear about the proposal and provide feedback at the following meeting. Considering that the property is surrounded by University owned property and a state highway, it is unlikely that mailing notices would provide much notification to the public. There is an apartment complex near the site, However, any notice would go to the property owner and not the individual tenants. Commissioner Hoskins asked if we were discussing notification requirements above and beyond what is required by ordinance. Kit Williams, City Attorney, stated that was not the discussion. Tabling the request will give citizens across the city additional time to hear about the request and respond. Commissioner Winston asked if the tent had been rebuilt. Sizemore stated that it hadn't and won't be for the remaining two years. Commissioner Honchell asked if the tent helped with noise control. Sizemore stated that they operated for the entire second half of the season without the tent. Motion: Commissioner Chesser made a motion to table ADM 13-4307. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Cabe voting no. Planning Commission January 28, 2013 Page 7 of 7 CUP 12-4293: Conditional Use Permit (778 S. HAPPY HOLLOW RD./LIGHTHOUSE BAPTIST CHURCH, 565): Submitted by TERRY FORSYTH for property located at 778 SOUTH HAPPY HOLLOW ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres. The request is for a conditional use permit for shared and offsite parking. Andrew Garner, Senior Planner, gave the staff report. Terry Forsythe, applicant, was present for any questions. No public comment was presented. Commissioner Cooks discussed that he agreed with staff s comments about the pedestrian connection from the sidewalk to the building being a requirement. Commissioner Winston asked about the pedestrian connection requirement, does it have to be a sidewalk? Garner stated that, no, it does not have to be a sidewalk. The language in the condition of approval was taken from chapter 172 of the unified development code that requires a `pedestrian connection' from the sidewalk to the entrance of the building. It does not have to be a sidewalk, it could be pavers, or some other defined walkway or path. Motion: Commissioner Chesser made a motion to approve CUP 12-4293. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 610 PM.