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HomeMy WebLinkAbout2013-06-24 MinutesPlanning Commission June 10, 2013 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 24, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: June 10, 2013 Page 4 ACTION TAKEN Approved VAC 13-4402: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Page 4 Approved VAC 13-4421: Vacation (100 W. DICKSON ST./COLLIERS DRUG STORE, 484): Page 4 Approved New Business: PPL 13-4382: Preliminary Plat (1249-1203 W. CATO SPRINGS RD./CATO SPRINGS INDUSTRIAL PARK, 638): Page 5 Approved ADM 13-4397: Administrative Item (OAKBROOKE PZD PHASE III, 361): Page 6 Forwarded ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE 1, 361): Page 7 Forwarded ADM 13-4379: Administrative Item (3078 N. COLLEGE AVE./FRICKIN CHICKEN, 252): Page 8 Approved CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Page 10 Approved Planning Commission June 10, 2013 Page 2 of 14 Old Business: ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Page 12 New Business: Approved ADM 13-4408: (BICYCLE PARKING CODE AMENDMENTS): Page 14 Forwarded Planning Commission June 10, 2013 Page 3 of 14 MEMBERS PRESENT Tracy Hoskins Sarah Bunch Kyle Cook Porter Winston Blake Pennington Ron Autry STAFF PRESENT Andrew Garner Jesse Fulcher Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Porter Winston called the meeting to order. MEMBERS ABSENT Ryan Noble William Chesser Craig Honchell 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 Noble, Honchell, and Chesser were present. Planning Commission June 10, 2013 Page 4 of 14 Consent. Approval of the minutes from the June 10, 2013 meeting VAC 134402: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.01 acre. The request is to vacate a portion of a water and sewer easement on the subject property. VAC 13-4421: Vacation (100 W. DICKSON ST./COLLIERS DRUG STORE, 484): Submitted by KAREN KING for property located around 100 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER. The request is to vacate a 15 -foot wide alley located on the northern portion of the Collier's Drugstore site. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission June 10, 2013 Page 5 of 14 New Business: PPL 13-4382: Preliminary Plat (1249-1203 W. CATO SPRINGS RD./CATO SPRINGS INDUSTRIAL PARK, 638): Submitted by CRAFTON TULL for property located at 1249-1203 WEST CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and contains approximately 17.04 acres. The request is for three industrial lots. Andrew Garner, Senior Planner, gave the staff report. Jonathan Ely, applicant's engineer, discussed that they would like the dead-end turnaround design to be evaluated by the City Engineer during design review. No public comment was presented. Commissioner Hoskins asked about the fill and road design requirements. Glenn Newman, staff engineer, discussed the fill requirements for the road design. Commissioner Hoskins discussed concerns with asphalt in the dead-end hammerhead being damaged because of turning movements from heavy trucks in this area. He discussed that he felt concrete would be a better option. Motion: Commissioner Hoskins made a motion to approve PPL 13-4382, adding to condition of approval #1 that the dead-end street hammerhead be constructed of concrete, the exact details to be determined at construction review, finding in favor of all other conditions. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission June 10, 2013 Page 6 of 14 ADM 13-4397: Administrative Item (OAKBROOKE PZD PHASE lII, 361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE III. The property is zoned Oakbrooke III R- PZD 09-3439 and contains a total of 26.76 acres. The request is to modify Oakbrooke Phase III, RPZD 09- 3439, by reducing the number of dwelling units and adjusting alley ways. Jesse Fulcher, Current Planner, read the staff report. Motion: Commissioner Winston made a motion to forward ADM 13-4397 to City Council. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 5-0-1, with Commissioner Hoskins recusing. Planning Commission June 10, 2013 Page 7 of 14 ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE I, 361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE I. The property is zoned Oakbrooke I R-PZD 05-1463 and contains a total of 3.82 acres. The request is to modify Oakbrooke Phase I, RPZD 05-1463, by constructing an alley to serve Lots 1-17. Jesse Fulcher, Current Planner, read the staff report. Motion: Commissioner Winston made a motion to forward ADM 13-4420 to City Council. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-0-1, with Commissioner Hoskins recusing. ADM 13-4379: Administrative Item (3078 N. COLLEGE AVE./FRICKIN CHICKEN, 252): Submitted by Planning Commission June 10, 2013 Page 8 of 14 CLAYTON SCOTT for property located at 3075 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 to remain on the property for longer than 90 days. Andrew Garner, Senior Planner, gave the staff report. Clayton Scott, applicant, gave a presentation, discussing the objection to his business by KFC, and giving reasons why he feels that he does not have an unfair advantage over KFC. He also discussed his personal medical and financial hardships that this business will help him and his partner overcome. Public Comment: Doug Shield, 458 Buchanan, discussed that Clayton's chicken is the best he has ever eaten. He discussed that KFC will be seen while Clayton's business will not. He also discussed that Clayton's business is a different market than KFC — support local businesses. Houston Hughes, 888 Lawson, discussed that Clayton's menu is very minimal. He stated that waffles are served with all of the chicken, which is different than all other businesses in Fayetteville. Matthew (inaudible last name), made a sign for Clayton's business, then volunteered to help out in the trailer when Clayton's partner had medical problems. He discussed fairness to Clayton. No more public comment was presented. Commissioner Hoskins asked what is the discussed specified in the ordinance for mobile vendors. Garner stated that the ordinance requires mobile vendors to move at least a half mile away from their location after 90 days. Commissioner Hoskins discussed that brick and mortar businesses have to pay for many improvements that temporary businesses do not. He also discussed that it is an unfair advantage for temporary business to be able to only be in a location for a short amount of time whereas brick and mortar businesses have to be there all year. He discussed that Frickin Chicken and KFC are selling similar and identical products. Per the code, he cannot support this application. Commissioner Winston asked the applicant to describe how his product is different than other chicken businesses. Clayton Scott, applicant, discussed that if you did a taste test between his business and KFC or the other businesses it would be completely different. He spent two years perfecting his recipe. His chicken is a little spicier and has some kick to it. He discussed that his chicken is not frozen. Commissioner Winston asked about the nutritional value of the chicken. Clayton Scott stated he did not know the specifics but that they use soy bean oil because it tastes better. He discussed that they get their chicken from Tyson Chicken. His menu is simple and different with sides including corn on the cob, beans, fries, tater-tots, Frito pie, and fried Snickers. Commissioner Winston asked if the code says how close they can be to similar businesses? Planning Commission June 10, 2013 Page 9 of 14 Garner stated no. Commissioner Winston asked if this was fast food. Clayton Scott discussed that this was fresh food. They fry it, place it into warmers for the allotted amount of time allowed by the health department. Commissioner Hoskins discussed that this is basically what is typical in the restaurant business. Commissioner Autry discussed that he is okay with this location. Shave the Planet has been here for a number of years and it is safe for mobile vendors, the access is safe. He has no issues with this business being here. Clayton Scott, applicant, discussed that they can do trees. Mathias is the new owner. He wondered why there was no ADA parking. There are two tables and nine chairs for his customers, currently. Commissioner Winston asked about his plans for the future. Clayton Scott, applicant, discussed that he would love to be in a permanent location. He was inspired by Hawaiian Brian's. Motion: Commissioner Winston made a motion to approve ADM 13-4379 with conditions #1, 2c (bike racks), 2d (restrooms), 2e (shaded outdoor seating), and 3. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-1-0, with Commissioner Hoskins voting "no". CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Submitted by TCM Planning Commission June 10, 2013 Page 10 of 14 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). Jesse Fulcher, Current Planner, read the staff report. Tracy Gill, applicant, discussed the investments made by AT&T in this area to upgrade existing facilities. The area that is experience problems is near Joyce and College, and is a very dense commercial and multi- family area, with the second busiest intersection. AT&T is on all of the surrounding towers. A presentation was given to describe the capacity and coverage maps. Capacity on the surrounding towers has been increased, a new tower is the last option. The search ring map was discussed and how the site was selected. The site is located approximately 500 feet from the street and is surrounded by trees. Development doesn't shy away from tower sites like in the old days. This site will likely develop out as multi -family, so it wouldn't impact single-family homes. This tower will provide infrastructure to citizens just like water and sewer lines. Aubry Shepard, citizen, stated that the tower should be approved. Commissioner Hoskins asked staff about their concerns. Fulcher stated that the tower isn't compatible with surrounding land uses, which include a Lake Fayetteville Park and residential properties. The tower may also discourage residential development, which is the expected land use based on the Future Land Use Map. Andrew Garner, Senior Planner, added that staff would like the applicant to look at micro -cells. Tracy Gill stated that there are two types of small-scale systems. A DAS system is used in places like Razorback Stadium where there is a large population density in a small area. This population density doesn't exist in locations in Arkansas, so this technology won't work. Micro -cells are miniature cell sites mounted on the sides of buildings and are used in urban downtowns. Again, a dense population is required. Commissioner Hoskins asked about other locations west of the proposed site. Tracy Gill stated that the RF Engineers determined that these sites were too far west and trees also became an issue for providing a signal to the north. Commissioner Hoskins stated that towers are necessary and the expected use of this property is likely nonresidential based on land prices. This spot is as good as any, since towers are necessary. Kit Williams, City Attorney, informed the applicant that a conditional use needs 5 positive votes and there are only 6 commissioners present. If he feels like the request will be denied, then he should ask that it be tabled to allow more commissioners to review the item. Commissioner Winston stated that the site is fairly screened and people are more use to towers now. Commissioner Autry stated the tower will be in a residential area and next to Lake Fayetteville, and can't support the request. Commission Pennington stated that the applicant's presentation provided the information he was looking for and will support the request. Planning Commission June 10, 2013 Page 11 of 14 Commission Bunch stated that it will be somewhat visible, but it is needed in this area. Commissioner Cook stated that he generally disliked towers in the past, but the slick -stick design is much better. Motion: Commissioner Winston made a motion to approve CUP 13-4365 with all conditions recommended by staff. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 5- 1-0, with Commissioner Autry voting "no". Old Business: Planning Commission June 10, 2013 Page 12 of 14 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. Andrew Garner, Senior Planner, gave the staff report. Jonathan Ely, applicant, stated agreement with all conditions of approval. Sarah Wrede, Floodplain Administrator, discussed the requests and the proposed mitigation. Public Comment: Aubrey Shepherd, discussed things that could help offset the impacts into the streamside areas. There should be minimal soil disturbance. There are native plants on this site and suggested that they try to get their contractor to uses these existing native plants. No more public comment was presented. Kit Williams, City Attorney, thanked staff and the applicant for getting to this solution. He discussed that he thinks it will be a good project. Commissioner Winston discussed that the Streamside protection ordinance makes projects function very differently. The effect of the ordinance makes it better. He discussed it is reasonable to add the variances for this project on this property. He discussed agreement with Mr. Shepherd to salvage, store, and replant existing native plants. Sandy (inaudible last name), applicant's streamside expert, discussed that they can look at the site and flag areas that have native plants for future relocation by using GPS. She agreed with Mr. Shepherd that using native soils for bioretention is a great idea. Jonathan Ely, applicant, discussed that this will be required to go through full development review in the future. Commissioner Hoskins, discussed the parking ratio and 17 -foot stall depth, aisle width, and the tree lawn. Jonathan Ely, applicant, discussed stall depth, aisle width, and locating the trees offset from the parking stalls so the trees will not get hit by parked cars. Commissioner Hoskins discussed concerns with the parking lot design. Motion: Commissioner Winston made a motion to approve ADM 13-4330, adding conditions of approval: • No. Lh: "The developer will salvage, store, and replant some native plants on site." • No. Li: "Native soils onsite shall be used in the bio -retention areas." Planning Commission June 10, 2013 Page 13 of 14 . Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 6- 0-0. Planning Commission June 10, 2013 Page 14 of 14 New Business: ADM 13-4408: (BICYCLE PARKING CODE AMENDMENTS): Submitted by CITY PLANNING STAFF. The request is to amend Chapter 172 to revise the bicycle rack location requirements and review. Andrew Garner, Senior Planner, gave the staff report. Public Comment: Aubrey Shepherd, discussed that we need bike racks. No more public comment was presented. Motion: Commissioner Pennington made a motion to forward ADM 13-4408 to City Council with a recommendation for approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 7.51 PM.