HomeMy WebLinkAbout2013-07-22 MinutesPlanning Commission
July 22, 2013
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MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on July 22, 2013 at 5:30 p.m. in Room
219, City Administration Building in Fayetteville, Arkansas.
Consent:
MINUTES: July 8, 2013
Page 3
ACTION TAKEN
Approved
VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18,608):
Page 3 Approved
New Business:
ADM 13-4451: Administrative Item (1627 JOYCE BOULEVARD/ARVEST BANK MUD CREEK
BRIDGE ASSESSMENT, 175):
Page 4
Approved
LSD 13-4427: Large Scale Development (2402 N. COLLEGE AVE./CVS PHARMACY, 290):
Page 5 Approved
CUP 13-4430: Conditional Use Permit (22 S. STONEBRIDGE RD./MAHAFFEY, 489):
Page 6 Approved
CUP 13-4431: Conditional Use Permit (528 N. LINDELL AVE./WESLEY FOUNDATION, 444):
Page 7
Approved
CUP 13-4429: Conditional Use Permit (N. OF CULPEPPER ASSISTED LIVING ON HWY
265/FAYETTEVILLE MEMORY CARE, 099):
Page 8
Approved
CUP 13-4419: Conditional Use Permit (1851 E. HUNTSVILLE RD./KUM AND GO, 565):
Page 9
Approved
LSD 13-4414: Large Scale Development (1851 E. HUNTSVILLE RD./KUM AND GO, 565):
Page 10 Approved
ADM 13-4452: Administrative Item (FLOODPLAIN VARIANCE FOR THE CITY RECYCLING
DROP-OFF CENTER AT NORTH STREET, 444):
Page 11 Approved
Planning Commission
July 22, 2013
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Tracy Hoskins
William Chesser
Kyle Cook
Porter Winston
Craig Honchell
Sarah Bunch
Blake Pennington
STAFF PRESENT
Andrew Garner
Quin Thompson
Jesse Fulcher
Alison Jumper
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM- Porter Winston called the meeting to order.
MEMBERS ABSENT
Ryan Noble
Ron Autry
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 and Autry were present.
Planning Commission
July 22, 2013
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Consent.
Approval of the minutes from the July 8, 2013 meeting.
VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18, 608): Submitted by
ENGINEERING SERVICES, INC. for property located at 4291 BLACK CANYON STREET. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acre.
The request is to vacate an existing pedestrian access easement on the subject property.
Motion:
Commissioner Cook 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
July 22, 2013
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New Business:
ADM 13-4451: Administrative Item (1627 JOYCE BOULEVARD/ARVEST BANK MUD CREEK
BRIDGE ASSESSMENT, 175): Submitted by BRENT VINSON for property located at 1627 EAST JOYCE
BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately
2.11 acres. The request is for review of the off-site escrow for the Mud Creek Bridge Assessment account.
Quin Thompson, Current Planner, read the staff report.
Chris Brown, City Engineer, discussed the project, specifically explaining that the US -71 to I-540 flyover
project currently under construction was specifically designed with this street extension in mind. The Vantage
Drive/Mud Creek Bridge project will eventually connect directly to I-540. He indicated that in his opinion the
project remains viable, and that the City intends to pursue funding for it.
Mr. Vinson, applicant, asked what other developments had contributed toward the bridge assessment, what
was the projected time frame, and how the time limits were set.
Kit Williams, City Attorney, answered that the City Council set the goal and deadlines. He added that the
future flyover to I-540 would add impetus to the completion of the project.
Tracy Hoskins, Commissioner, asked Brown if the bridge project was viable on its own, or did it make sense
only if the connection to 1-540 is a part of the project.
Brown responded that in his opinion any additional connections in that area are potentially valid given the
congestion, and that this project would relieve pressure currently found on the Joyce Blvd and US -71
intersection.
William Chesser, Commissioner, asked if the project could be revisited by the Planning Commission in 5
years.
Williams responded that it could, and that it may make sense to revisit the project sooner if there is no
movement on the part of the City toward completion.
Motion:
Commissioner Winston made a motion to approve ADM 13-4451 as recommended by staff, to hold the
money for another 5 years. Commissioner Chesser seconded the motion. Upon roll call the motion passed
with a vote of 7-0-0.
Planning Commission
July 22, 2013
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LSD 13-4427: Large Scale Development (2402 N. COLLEGE AVE./CVS PHARMACY, 290): Submitted
by BOOS DEVELOPMENT for property located at 2402 NORTH COLLEGE AVENUE. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.77 acres. The request is to
build a 13,225 square foot pharmacy with associated parking.
Andrew Garner, Senior Planner, gave the staff report.
Josh Knott, applicant, discussed the design of the project and the reasons for the greenspace variance.
No public comment was presented.
Commissioner Hoskins asked about relocating the dumpsters.
Garner discussed the code requirement for dumpster screening.
Commission Hoskins indicated they can shift the dumpster, but they might end up where we would not prefer
them.
Commissioner Chesser discussed that he felt the development could meet the regulations and that there was
not a hardship.
Commissioner Cook discussed agreement with Commissioner Chesser; that there are other design options that
could still meet code.
Kit Williams, City Attorney, discussed that where they have placed their new driveway on Township as
recommended by staff, is where they are requesting the greenspace variance.
Commissioner Chesser discussed that there is no serious hardship.
Commissioner Hoskins discussed that there is precedent for variances of this type including the old Shake's
building on Martin Luther King Boulevard. We have offered this variance before especially when the applicant
is doing substantial improvements.
Commissioner Bunch discussed the difficulty of taking out the spaces in front of the building.
Motion #1:
Commissioner Winston made a motion to approve the greenspace variance, requiring the parking stalls
along Township to be reduced in length to 17', to provide an additional 2' of greenspace along Township.
Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-1-0, with
Commissioner Chesser voting "no".
Motion #2:
Commissioner Winston made a motion to approve LSD 13-4427 with all conditions as recommended by
staff and in favor of the greenspace variance. Commissioner Chesser seconded the motion. Upon roll call
the motion passed with a vote of 7-0-0.
Planning Commission
July 22, 2013
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CUP 13-4430: Conditional Use Permit (22 S. STONEBRIDGE RD./MAHAFFEY, 489): Submitted by
JORGENSEN AND ASSOCIATES for property located at 22 SOUTH STONEBRIDGE ROAD. The property
is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 18.23
acres. The request is to allow a tandem lot.
Jesse Fulcher, Current Planner, read the staff report.
Justin Jorgensen, applicant, stated the owner wants to build two homes.
Motion:
Commissioner Chesser made a motion to approve CUP 13-4430 with all conditions as recommended by
staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
July 22, 2013
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CUP 13-4431: Conditional Use Permit (528 N. LINDELL AVEJWESLEY FOUNDATION, 444):
Submitted by JORGENSEN AND ASSOCIATES for property located at 528 NORTH LINDELL AVENUE.
The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE, and contains
approximately 0.22 acres. The request is for a conditional use permit to allow a student ministry (Use Unit 4),
in a RMF -40 zoning.
Andrew Garner, Senior Planner, gave the staff report.
Justin Jorgensen, applicant, was present for any questions.
No public comment was presented.
Motion:
Commissioner Winston made a motion to approve CUP 13-4431 as recommended by staff.
Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
July 22, 2013
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CUP 13-4429: Conditional Use Permit (N. OF CULPEPPER ASSISTED LIVING ON HWY
265/FAYETTEVILLE MEMORY CARE, 099): Submitted by JORGENSEN AND ASSOCIATES for
property located NORTH OF CULPEPPER ASSISTED LIVING ON HWY 265. The property is zoned R -A,
RESIDENTIAL AGRICULTURAL and contains approximately 12.88 acres. The request is for a conditional
use permit to allow a memory care facility (Use Unit 4) in an R -A zoning district.
Jesse Fulcher, Current Planner, read the staff report.
Justin Jorgensen, applicant, stated it was the same development team as Culpepper Assisted Living and that
they will work with staff to meet the code and preserve trees.
Commissioner Hoskins asked about staff s recommendation for saving trees during a conditional use review.
Fulcher stated that the intent was to make the commission and applicant fully aware of the requirement to
meet the tree preservation code.
Commissioner Hoskins stated that the Planning Commission will ultimately review the tree preservation
plan at the time of development.
Motion:
Commissioner Chesser made a motion to approve CUP 13-4429, modifying condition of approval #1 to
state that the Planning Commission will have the final say in the preservation of the trees.
Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
July 22, 2013
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CUP 13-4419: Conditional Use Permit (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by
CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is for additional
parking.
Jesse Fulcher, Current Planner, read the staff report.
Nathan Streett, applicant, asked the commission to consider variance requests 3 and 6.
Motion:
Commissioner Winston made a motion to approve CUP 13-4419 in favor of all conditions. Commissioner
Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
July 22, 2013
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LSD 13-4414: Large Scale Development (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted
by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-
1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to build a
4,991 square foot gas station with associated parking.
Jesse Fulcher, Current Planner, read the staff report.
Nathan Streett, applicant, asked the commission to consider variance requests 3 and 6.
Commissioner Hoskins asked about the radii requirement.
Streett said the concern was with vehicle off -tracking into the greenspace.
Fulcher discussed why the wider aisle width and radii were not required for this development.
Commissioner Hoskins asked if the entrance could be three-way and meet code.
Fulcher stated that the code requires a two-way, 24' drive on a local street— it's a variance either way.
Commission Honchell, stated he sees the need for these variances and expects lots of trailers and larger
vehicles to use this site.
Commissioner Chesser stated he disagreed. The site has numerous variances already
Motion #1:
Commissioner Chesser made a motion to deny condition of approval #3. Commissioner Cook seconded
the motion. Upon roll call the motion passed with a vote of 5-2-0, with Commissioners Hoskins and
Honchell voting "no".
Motion #2:
Commissioner Winston made a motion to approve LSD 13-4414 as follows: in favor of condition #1, in
favor of #2, in favor of #4, in favor of #5, in favor of #6, to deny #7, in favor of #8, in favor of #9 and all
other conditions. Commissioner Pennington seconded the motion. Upon roll call the motion passed with
a vote of 7-0-0.
Planning Commission
July 22, 2013
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ADM 13-4452: Administrative Item (FLOODPLAIN VARIANCE FOR THE CITY RECYCLING
DROP-OFF CENTER AT NORTH STREET, 444): THE CITY OF FAYETTEVILLE is requesting a
floodplain variance for the structure at the North Street recycling drop-off center. The variance request is to
allow the finish floor to be at, or above, the base flood elevation.
Sarah Wrede, Floodplain Administrator, gave the staff report.
Commissioner Hoskins discussed that the original conditional use permit had the building sitting on the
pavement.
Garner discussed that this floodplain variance would not require a modification to the entire conditional use
permit. The development details are not typically reviewed or available at the time of conditional use. The
building type and location, and scope of the project is the same as originally approved with the conditional
use permit.
Commissioner Chesser discussed that he would support the variance to get it to sit flat on the lot.
Commissioner Winston asked if the building would be placed on skids.
Motion:
Commissioner Winston made a motion to approve ADM 13-4452, adding a requirement to include
landscaping along the trailside of the property. Commissioner Cook seconded the motion.
Kit Williams, City Attorney, brought up the point that at agenda session some of the commissioners
discussed placing some decorative stone or patterned concrete on the raised concrete pad for the building.
Commissioner Winston and Commissioner Cook agreed to include the requirement that the concrete
slab/foundation have some sort of texture, as a condition of approval
Upon roll call the motion passed with a vote of 7-0-0.
There being no further business, the meeting was adjourned at 7.23 PM.