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HomeMy WebLinkAbout2013-02-25 MinutesPlanning Commission February 25, 2013 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on February 25, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ACTION TAKEN Consent. MINUTES: February 11, 2013 Approved Page 3 VAC 12-4203: Vacation (HALSELL ROAD SEWER EASEMENTS, 482): Page 3 Approved Old Business: ADM 13-4315: Administrative Item (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE, 284): Page 4 Approved ADM 13-4316: Administrative Item (1325 E. JOYCE BLVD./LEGACY NATIONAL BANK, 175): Page 5 New Business: Approved ADM 13-4317: Administrative Item (3078 N. COLLEGE AVENUE, SHAVE THE PLANET 252): Page 6 Approved LSD 12-4295: Large Scale Development (2530 W. WEDINGTON RD./CASEY GENERAL STORE, 402): Page 8 Tabled PPL 13-4304: Preliminary Plat (INTERSECTION OF N. HUGHMOUNT RD. & W. MT. COMFORT RD./HUGHMOUNT VILLAGE, 282): Page 9 Tabled CUP 13-4303: Conditional Use Permit (1421 E. 15TH ST./HARMON RECYCLING, 603): Page 10 Approved Election of Officers: Page 11 Planning Commission February 25, 2013 Page 2 of 11 MEMBERS ABSENT Tracy Hoskins Kyle Cook Craig Honchell William Chesser Blake Pennington Porter Winston Ryan Noble Sarah Bunch Matthew Cabe STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman Sarah Wrede 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 except were present. Planning Commission February 25, 2013 Page 3 of 11 Consent. Approval of the minutes from the February 11, 2013 meeting. VAC 12-4203: Vacation (HALSELL ROAD SEWER EASEMENTS, 482): Submitted by PLANNING STAFF for properties located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate several existing "blanket" easements in the neighborhood. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission February 25, 2013 Page 4 of 11 Old Business: ADM 13-4315: Administrative Item (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE, 284): Submitted by Crafton & Tull for property located at 1352 WEST SHOWROOM DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 5.66 acres. The request is for a Floodplain Variance. Quin Thompson, Current Planner, read the staff report. Sarah Wrede, Floodplain Administrator, explained the floodplain regulations. Commission Hoskins asked for further explanation. Glenn Newman described the channel that runs through the property. Daniel Ellis, applicant, Explained that the existing grade and channel were completed with the original building. The final letter of map amendment will certify the data used in 2004 and allow the building to be constructed at the proposed elevation. The variance will allow them to proceed with construction while the final review is being conducted by FEMA. Motion: Commissioner Chesser made a motion to approve ADM 13-4315. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission February 25, 2013 Page 5 of 11 ADM 13-4316: Administrative Item (1325 E. JOYCE BLVD./LEGACY NATIONAL BANK, 175): Submitted by KSA ARCHITECTURE for property located at 1325 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.56 acres. The request is for a variance of the Access Management Ordinance for a curb cut onto Joyce Boulevard. Jesse Fulcher, Current Planner, read the staff report. Ken Shireman, applicant, stated they feel that this is a safe access. They can't tie the hands of the other property owner and file a deed restriction. Aubry Sheppard, citizen, stated that road safety needs to be enforced. Commissioner Hoskins stated that there are several parts to this request, so we might break it into separate motions. Kit Williams, City Attorney, stated it was good to separate difficult items. You might consider removing the deed restriction and leave that discussion for a future development. Commissioner Hoskins stated he was concerned with the access drive creating a merge condition. Glenn Newman, Staff Engineer, stated he will work with the design engineer on the appropriate angle. Commission Hoskins asked if it was more of a "J" shape. Newman stated it was and only 10 feet wide. Terry Carpenter, applicant, stated they wanted to cross the sidewalk perpendicular and then approach street at an angle, a "J" or radial design. Motion #1: Commissioner Chesser made a motion to strike the first sentence in condition #4 for ADM 13-4316. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Motion #2: Commissioner Chesser made a motion to approve ADM 13-4316. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-2-0. Planning Commission February 25, 2013 Page 6 of]] New Business: ADM 13-4317: Administrative Item (3078 N. COLLEGE AVENUE, SHAVE THE PLANET 252): Submitted by Eric Siebert for property located at 3078 N. COLLEGE AVENUE. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The request is for a 90 -day extension of an outdoor mobile vendor permit. Andrew Garner, Senior Planner, gave the staff report. Eric Seibert, applicant, stated that they don't sell ice cream as a primary product and doesn't believe they compete with Maggie Moo's. There are a lot of disadvantages to being a mobile vendor. A brick and mortar snowcone stand can't exist. He stated agreement with the requirement to plant trees. Ben Israel, applicant's landlord, 1501 Starr Drive, discussed that this governmental body should not be determining competition. He feels that the planning commission is overprotecting Maggie Moo's. No public comment was presented. Commissioner Winston asked about the commission's authority to regulate competition. Kit Williams, City Attorney, discussed that the intent of the ordinance is to create a level playing field. He discussed that for this type of permit the City Council requires that the commission determine if the permit would create an unfair advantage. Commissioner Winston asked about the condition of approval for tree planting. Garner discussed the intent of the tree planting, which includes starting to bring the parking lot into code with the landscape requirements that would be required of a regular brick and mortar business. Eric Seibert, applicant, discussed that he was not sure about the trees. Ben Israel, applicant's landlord, stated that we can comply with it but I'm not going to pay for it, the applicant will. Commissioner Chesser discussed that he does not feel this business has an unfair advantage. He does agree with planting trees, but wishes there could be some sort of a compromise. He asked if it would be possible to give them a variance for more than a year. Maybe we require them to phase the improvements like putting in the irrigation this year. Commissioner Cabe discussed that he tended to agree with Commissioner Chesser that it is reasonable to have them start bringing in improvements. Commissioenr Chesser asked if we could just ask the applicant to pay money. Williams discussed that, no, we cannot have them pay money. Commissioner Chesser asked about irrigation. Planning Commission February 25, 2013 Page 7 of]] Garner discussed that staff is recommending either automatic irrigation or hose bibs within 100 feet of the tree planting. Ben Israel, applicant's landlord, discussed the location of hose bibs. Commissioner Winston discussed that he feels that it is a similar product as Maggie Moo's with ice cream as a topping and sorbet and will not be able to support the request as this is the type of permit the ordinance is trying to prevent. Commissioner Honchell asked if there have been other venders that have sold similar products as bricks and mortar businesses. Garner discussed that the Nomad's food cart that was approved recently by the commission sold Greek food and there are a number of other similar restaurants along the Dickson Street area that sell similar or identical products. Commissioner Honchell discussed that he is okay with staff s recommended conditions. Commissioner Pennington asked if the ordinance has been amended since last May. Williams discussed that, no, the ordinance has not been changed since then but there are various versions of ordinance amendments being discussed and routed around internally. Commissioner Pennington discussed that he feels that because the City Council tabled this item indefinitely last year it was a tacit show of support, and feels that is a policy decision. Commissioner Chesser discussed that in response to some of the comments by Ben Israel, he feels that need to state that Commissioner Hoskins has been consistent with his support for bricks and mortar businesses when these permits have come up over the years. Commissioner Winston discussed that he views this permit as slightly different because it has been around for a number of years. Motion: Commissioner Chesser made a motion to approve ADM 13-4317, changing condition #3 to require 2 trees. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-1, with Commissioner Hoskins recusing. Planning Commission February 25, 2013 Page 8 of 11 LSD 12-4295: Large Scale Development (2530 W. WEDINGTON RDJCASEY GENERAL STORE, 402): Submitted by BATES AND ASSOCIATES for property located at 2530 WEST WEDINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.54 acres. The request is for 4,223 square foot convenience store with associated parking. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table LSD 12-4295 until 3-11-13. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Commissioner Hoskins did not vote. Planning Commission February 25, 2013 Page 9 of 11 PPL 13-4304: Preliminary Plat (INTERSECTION OF N. HUGHMOUNT RD. & W. MT. COMFORT RD./HUGHMOUNT VILLAGE, 282): Submitted by ENGINEERING DESIGN ASSOCIATES for property located on NORTH HUGHMOUNT ROAD, NORTH OF WHEELER ROAD (FORMERLY CHERRY HILLS SUBDIVISION). The property is in the PLANNING AREA and contains approximately 54.13 acres. The request is for a residential subdivision with 129 single family lots and 9 common property lots. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table PPL13-4304 until 3-11-13. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission February 25, 2013 Page 10 of 11 CUP 13-4303: Conditional Use Permit (1421 E. 15TH ST./HARMON RECYCLING, 603): Submitted by BURT HANNA for property located at 1421 EAST 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.60 acres. The request is for a conditional use permit for a recycling drop-off facility. Senior Planner, Andrew Garner gave the staff report Thad Hanna, applicant, discussed the project and was present for any questions. Commissioner Winston asked about changing the conditional use permit for different types of waste recycling. Garner discussed that staff tried to include some flexibility in the permit as written into the project description. Motion: Commissioner Chesser made a motion to approve CUP13-4303 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission February 25, 2013 Page 11 of 11 Election of Planning Commission officers for 2013. Ballots were distributed and after a vote the following were elected officers for 2013: Chair: Craig Honchell Vice -Chair: Kyle Cook Secretary: Sarah Bunch There being no further business, the meeting was adjourned at 720 PM.