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HomeMy WebLinkAbout2013-08-12 MinutesPlanning Commission August 12, 2013 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 12, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: July 22, 2013 Page 3 New Business: ACTION TAKEN Approved LSD 13-4442: Large Scale Development (CORNER OF TIMBERLAND LN. & BLACK FOREST DR./FIRST SECURITY BANK, 440): Page 4 Approved ADM 13-4435: Administrative Item (464 E. JOYCE BLVD./TROPICAL SNO, 134): Page 5 Approved ADM 13-4436: Administrative Item (3075 N. COLLEGE AVE./TROPICAL SNO, 252): Page 6 Approved ADM 13-4464: Administrative Item (617 N. COLLEGE AVE./LO'S SWEET TREATS, 445): Page 7 Approved ADM 13-4473: Administrative Item (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 252): Page 8 Approved CUP 13-4440: Conditional Use Permit (2008 N. CLEVELAND ST./BOYD, 442): Page 9 Tabled CUP 13-4449: Conditional Use Permit (1674 N. FOREST HEIGHTS/HUGHES, 406): Page 10 Approved RZN 13-4438: Rezone (845 N. 46's AVE./WEDINGTON, 438): Page 11 Tabled Planning Commission August 12, 2013 Page 2 of 12 Tracy Hoskins Ryan Noble Kyle Cook Porter Winston Craig Honchell Sarah Bunch Blake Pennington Ron Autry STAFF PRESENT Andrew Garner Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney 5:30 PM- Porter Winston called the meeting to order. MEMBERS ABSENT William Chesser 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 Commissioner Chesser. Planning Commission August 12, 2013 Page 3 of 12 Consent. Approval of the minutes from the July 22, 2013 meeting. 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 8-0-0. Planning Commission August 12, 2013 Page 4 of 12 New Business: LSD 13-4442: Large Scale Development (CORNER OF TIMBERLAND LN. & BLACK FOREST DR./FIRST SECURITY BANK, 440): Submitted by ENGINEERING SERVICES, INC. for property located at the CORNER OF TIMBERLAND LANE AND BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.03 acres. The request is to build a 2,166 square foot bank with associated parking. Andrew Garner, Senior Planner, gave the staff report. Jason Appel, applicant discussed their proposal and the recent meeting he had with the City Engineering and Zoning Development Administrator regarding the driveway throat length. No public comment was presented. Commissioner Hoskins asked about the modifications to the southern driveway and the throat length. Jason Appel, applicant, discussed rationale behind the current design. Motion: Commissioner Winston made a motion to approve LSD 13-4442 as recommended by staff. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Noble recusing. Planning Commission August 12, 2013 Page 5 of 12 ADM 13-4435: Administrative Item (464 E. JOYCE BLVD./TROPICAL SNO, 134): Submitted by ZHANNA WISKUR for property located at 464 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains a total of 9.00 acres. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Jesse Fulcher, Current Planner, read the staff report. Pete Wiskur, stated that they have been on the site for the last two years and can move building up out of the setbacks. They may end up only staying a few extra weeks. Commission Hoskins asked how many years they had been at the site and if they received an extension last year. Wiskur stated that this was the second season and they were only there three months last year. Commission Hoskins asked if there were any other stores in the area besides Cold Stone. Fulcher stated no. Commission Honchell asked staff about the building setbacks. Andrew Garner, Senior Planner, provided background on the review process. Commissioner Hoskins stated he could support this request due to the distance between the next like business. Motion: Commissioner Hoskins made a motion to approve ADM 13-4435. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 12, 2013 Page 6 of 12 ADM 13-4436: Administrative Item (3075 N. COLLEGE AVE./TROPICAL SNO, 252): Submitted by ZHANNA WISKUR for property located at 3075 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains a total of 1.84 acres. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Jesse Fulcher, Current Planner read the staff report. Pete Wiskur stated they are trying to stay open for a few more weeks. Commissioner Winston asked when the business is officially open. Andrew Garner, Senior Planner, stated that it's when they first make a sale. Kit Williams, City Attorney, stated they collect taxes as soon as they make a sale. Commission Winston asked if people can skirt around paying takes. Williams stated yes, but have good compliance. Commission Cook asked how staff reviews these variances. Garner stated staff looks at the adverse impact finding. Motion: Commissioner Winston made a motion to approve ADM 13-4436. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Hoskins recusing. Planning Commission August 12, 2013 Page 7 of 12 ADM 13-4464: Administrative Item (617 N. COLLEGE AVE./LO'S SWEET TREATS, 445): Submitted by LAUREN FRENCH 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. Lauren French, applicant, was present for any questions. No public comment was presented. Commissioner Hoskins asked the applicant if they were planning on moving into a permanent location. Lauren French, applicant, indicated that yes she would like to. Commissioner Hoskins discussed that he is familiar with the other bakeries in the area and that their menus are substantially different and that he will be able to support this request this year. Motion: Commissioner Winston made a motion to approve ADM 13-4464. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 12, 2013 Page 8 of 12 ADM 13-4473: Administrative Item (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 252): Submitted by JOE PERME for property located at 1923 E. JOYCE BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 40 acres. The request is for a variance of the Urban Residential Design Standards. Jesse Fulcher, Current Planner, read the staff report. Joe Perme, applicant, stated that it was a retirement community and that even small changes can create issues for existing tenants. Commission Hoskins asked how the ownership worked. Perme stated that Butterfield owns all the buildings. Commission Hoskins discussed a previous request for The Pines at Springwood that had a very similar issue with their build out plans and stated he didn't have an issue with these types of facilities continuing with the original design theme. This facility isn't even that visible from the street. Commission Honchell stated he agree with Commission Hoskins' statements. Commission Winston stated he didn't usually like developments where the buildings are all identical, but the people that live in them love it. Motion: Commissioner Winston made a motion to approve ADM 13-4473 with all variances as requsted. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 12, 2013 Page 9 of 12 CUP 13-4440: Conditional Use Permit (2008 N. CLEVELAND ST.BOYD, 442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Motion: Commissioner Winston made a motion to table CUP 13-4440 to the September 9th meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 12, 2013 Page 10 of 12 CUP 13-4449: Conditional Use Permit (1674 N. FOREST HEIGHTS/HUGHES, 406): Submitted by SHELLI HUGHES for property located at 1674 NORTH FOREST HEIGHTS. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.25 acres. The request is for a conditional use permit to allow home child care (Use Unit 24), in a RSF-4 zoning. Andrew Garner, Senior Planner, gave the staff report. Shelli Hughes, applicant, discussed her proposed business. Indicating that the hours of operation will be from 8 a.m. — 5 p.m. Public Comment: Hoyt Purvis, 1606 Forest Heights, discussed that he was opposed to the proposal. He discussed issues such as retaining the residential quality of the neighborhood and that this proposal would introduce commercial enterprise into the neighborhood. He discussed this would be a problematic traffic situation. It is appropriate for the commission to look at more factors. No more public comment was presented. Commissioner Hoskins asked about the driveway steepness. Shelli Hughes described the driveway and car parking. She also discussed that she will have a contract for the parents indicating a specific drop off time for each child. Kit Williams, City Attorney, asked if the applicant had plans to limit the drop off to the driveway. Shelli Hughes indicated that, yes, she will tell parents to use the driveway, but it is a city street and she does not feel like she can keep her parents from parking in front of her house. Commissioner Hoskins discussed that these types of businesses make a complete neighborhood. The impact to uphill neighbors will be minimal. He discussed adding a condition of approval for this use to only use the driveway for drop-offs. Commissioner Cook asked about how the neighbors could report a complaint if there were a problem. Garner discussed the complaint process and that there is a violation of the conditions of approval, such as the hours of operation, it may be grounds for the commission to revoke the permit. Commissioner Winston discussed supporting this use with a condition to limit the drop-offs. Motion #1: Commissioner Winston made a motion to approve CUP13-4449 adding condition of approval #8 as read out loud by the city attorney. Commissioner Hoskins seconded the motion. Garner asked for clarification on condition of approval #8. Commissioner Winston clarified that he did not intend for the parents to never be able to park in the street. He amended condition of approval #8 to read as follows: Planning Commission August 12, 2013 Page 11 of 12 "Condition of Approval #8: The driveway to the house shall, during business hours, be available by clients to load and unload children and turnaround to park in front of the applicant's house." Commissioner Hoskins withdrew his second on the motion. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-2-0, with Commissioners Hoskins and Pennington voting "no". Planning Commission August 12, 2013 Page 12 of 12 RZN 13-4438: Rezone (845 N. 46th AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains 12.42 acres The request is to rezone the property to RMF -12, RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE. The applicant had previously requested this item to be tabled until the August 26th Planning Commission meeting. No public comment was presented. Motion: Commissioner Winston made a motion to table RZN 13-4438 to the August 26th meeting. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 8:40 PM.