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HomeMy WebLinkAbout2013-05-28 MinutesPlanning Commission May 28, 2013 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 28, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: May 13, 2013 Page 3 ACTION TAKEN Approved ADM 13-4383: Administrative Item (1252 S. ADMIRAL AVE./NANTUCKET PH. IV, 563): Page 3 Approved Old Business: ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Page 4 Tabled CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Page 5 Tabled New Business: ADM 13-4374: Administrative Item (617 N. COLLEGE AVE./PIGMINT, 445): Page 6 Approved ADM 13-4394: Administrative Item (NORTHEAST CORNER OF COLLEGE AVE./TOWNSHIP ST. (CVS PHARMACY, 246): Page 8 Approved CUP 13-4375: Conditional Use Permit (1815 N. GREEN ACRES DR./FOGHORN'S, 287): Page 9 Approved Planning Commission May 28, 2013 Page 2 of 9 Tracy Hoskins Ryan Noble William Chesser Porter Winston Blake Pennington Ron Autry Sarah Bunch STAFF PRESENT Quin Thompson Andrew Garner CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Porter Winston called the meeting to order. MEMBERS ABSENT Craig Honchell Kyle Cook Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Honchell and Cook were present. Planning Commission May 28, 2013 Page 3 of 9 Consent. Approval of the minutes from the May 13, 2013 meeting. ADM 13-4383: Administrative Item (1252 S. ADMIRAL AVE./NANTUCKET PH. IV, 563): Submitted by CIVIL DESIGN ENGINEERING for property located at 1252 SOUTH ADMIRAL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 3.76 acres. The request is for a 1 yr. extension on the LSD 11-4009 that was granted on April 12, 2012. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission May 28, 2013 Page 4 of 9 Old Business: ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a variance of the Streamside Protection Zones, Parking Lot Landscaping, and Parking in the Build -to zone. STAFF RECOMMENDS THIS ITEM BE TABLED INDEFINITELY. Motion: Commissioner Chesser made a motion to table ADM 13-4330 indefinitely. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission May 28, 2013 Page 5 of 9 CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRIGON, 136): Submitted by TCM ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.15 acres. The request is for a conditional use permit for a wireless communications facility (Use Unit 36). Vill /Wrgo Stahkilf all 9 k's "iffill a Al I a 1202 OFF-IJAW if 11,4111A is 8101101 601A FDA MIX) Motion: Commissioner Chesser made a motion to table ADM 13-4365 to the June 10, 2013 meeting. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission May 28, 2013 Page 6 of 9 New Business: ADM 13-4374: Administrative Item (617 N. COLLEGE AVE./PIGMINT, 445): Submitted by CHELSEA HERMEZ for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a variance to allow for a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days. Andrew Garner, Senior Planner, gave the staff report. Chelsea Hermez, applicant, discussed that they are looking to move in to a storefront location but need more time. She also discussed how their business is different than other florists. Public Comment: Gary Rotnei asked who was objecting to this application, and he asked what was an unfair advantage. Lewell McCutheon, vouched that Pigrnint is very unique. Jennifer Bricker is a Pigmint customer and they provide a unique product, different types of flowers, and she discussed they had provided donations to Ruth Chris's steakhouse on Mother's Day. No more public comment was presented. Kit Williams, City Attorney, discussed the three part test required to grant this type of variance. He discussed that the decision required judgment on part of the commissioners, it is not a precise test. Commissioner Pennington asked who has the burden of proof that it is or is not an unfair advantage. Williams answered that the applicant has the burden of proof. Commissioner Hoskins asked about the date of Pigmint's initial permit. Garner discussed the date and the applicant Hermez, confirmed that they opened on February 12, 2013. Commissioner Hoskins asked if they are still operating. Hermez stated yes. Williams discussed that he felt it was proper for the applicant to continue operating until the commission decided on the variance, given the information presented about the start date and efforts of the applicant to get their application to the Planning Commission. Commissioner Hoskins asked where they were looking to move. Hermez discussed the old Smokehouse building on Dickson Street. Commissioner Hoskins asked the applicant if they were required to move, would it affect their business. Hermez discussed that it would not affect their business. Planning Commission May 28, 2013 Page 7 of 9 Commissioner Hoskins discussed that the issue is not about what is paid in rent. There are other issues such as ADA compliance that a permanent business has to meet that a temporary business is skirting. He also discussed that he felt they were selling similar products as other businesses. Hermez and Hoskins argued back and forth about unfair advantage and similar products between florist businesses. Commissioner Pennington asked about the applicant's services. Hermez discussed that they provide flowers and creativity, including helping plan decorations, etc. for events. Commissioner Chesser discussed that the feels this applicant is different than other florists. He does not see the purpose of moving the business. He is included to give them a shorter timeframe. He asked the applicant how long it would take to get into a brick -and -mortar location. Hermez discussed that they can do it in three months, and that they could do it in six months. Motion: Commissioner Chesser made a motion to approve ADM 13-4374, with an extension for 6 months from today (to expire on November 28, 2013. Commissioner Pennington seconded the motion. Commissioner Hoskins discussed why he voted certain ways on previous outdoor mobile vendor applications and that he is pro-business and felt they the commission should give then a chance on their first try. Upon roll call the motion passed with a vote of 6-1-0, Commissioner Hoskins voting `no'. Planning Commission May 28, 2013 Page 8 of 9 ADM 13-4394: Administrative Item (NORTHEAST CORNER OF COLLEGE AVEJTOWNSHIP ST. (CVS PHARMACY, 246): Submitted by BOOS DEVELOPMENT for the property located at the NORTHEAST CORNER OF COLLEGE AVEJTOWNSHIP ST. (DAYS INN SITE). The property is zoned C- 2, THROROUGHFARE COMMERCIAL and contains a total of 4.09 acres. The request is for a curb cut variance on College Avenue with the redevelopment of a portion of the site for a CVS Pharmacy. Andrew Garner, Senior Planner, gave the staff report. Conner McNair, applicant, discussed condition of approval #1, and reasons why they cannot agree to this condition, namely that the northern access is not a functional access for the CVS pharmacy site. No public comment was presented. Commissioner Hoskins asked about the remainder of the Days Inn site. Conner McNair, applicant, indicated that they will demo the entire site at once. Commissioner Hoskins described the traffic flow into and out of this site and the adjacent car wash site. Conner McNair, applicant, discussed that they have in writing that the car wash will not agree to a shared access. Wes Eustice, applicant's engineer, discussed the throat length of the driveways and that they can provide 60 feet off of College and 40 feet off of Township. Commissioner Autry asked about a left out onto Township. Garner discussed that the driveway on Township was permitted by right. If the commission felt like it would create a dangerous traffic condition they could potentially limit it. Commissioner Hoskins asked about the throat length condition of approval. Garner read the ordinance requirement for throat length, discussing that he felt it was a safety issue but would be covered under the large scale development review, and was more appropriately under the authority of the Zoning Development Administrator and City Engineer. Motion #1: Commissioner Chesser made a motion to strike condition #3 (the throat length requirement) of ADM 13-4394. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion #2: Commissioner Hoskins made a motion to approve ADM 13-4394, striking condition #1 that required the shared curb cut with the adjacent car wash. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission May 28, 2013 Page 9 of 9 CUP 13-4375: Conditional Use Permit (1815 N. GREEN ACRES DR./FOGHORN'S, 287): Submitted by JEFF HODGES for property located at 1815 NORTH GREEN ACRES DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.57 acres. The request is to allow outdoor music, Use Unit 35, in a C-2 zoning district. Quin Thompson, current planner, read the staff report. Jeff Hodges, applicant, was present to respond to questions. Motion: Commissioner Chesser made a motion to approve CUP13-4375. Commissioner Pennington 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 6:58PM.