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Home My WebLink About2014-01-27 MinutesPlanning Commission January 27, 2014 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 27, 2014 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. Consent. MINUTES: January 13, 2014 Page 3 Old Business: ACTION TAKEN Approved ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Page 4 Approved LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Page 7 New Business: Tabled CUP 13-4595: Conditional Use Permit (1904 AND 1908 N. COLLEGE AVE./PUGH, 368): Page 8 Approved RZN 13-4536: Rezone (4310 MARTIN LUTHER KING BLVDJEDWARDS, 594): Page 9 Forwarded ADM 14-4612: Administrative Item (501 W. MAPLE ST./STERLING FRISCO, 484): Page 10 Approved ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161, Use Unit 44, Cottage Housing Development) Page 11 Forwarded Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 1 of 12 Planning Commission January 27, 2014 Page 2 of 11 Sarah Bunch Ryan Noble Ron Autry Tracy Hoskins Kyle Cook William Chesser STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Sarah Bunch called the meeting to order. MEMBERS ABSENT Porter Winston Blake Pennington Craig Honchell Sarah Bunch requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Winston, Honchell, and Pennington were present. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 2 of 12 Planning Commission January 27, 2014 Page 3 of 11 Consent. Approval of the minutes from the January 13, 2014 meeting. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 3 of 12 Planning Commission January 27, 2014 Page 4 of 11 Old Business: ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Ann Harris, Applicant, described her business and that she was enjoying the experience. Susanne Clark, attorney for the property owner, requested that the Planning Commission approve the variance without conditions, stating that they were unreasonable, and would defeat the purpose of the yacht club, which is to cultivate small businesses. She went on to say that the [Yacht Club] is not a Large Scale Development, and should not be treated as such. She said that the imposition of improvements would put the Yacht Club out of business. She noted that the Mobile Vendor Ordinance is under review by the City Council at this time, so the Planning Commission should not impose the condition [#1 street trees] until the ordinance is changed. Cynthia Morris, Owner of the Yacht Club, said that she views the business as a vacant lot used for business incubation and that she has developed a number of properties in Fayetteville over the years. She said that this business is not the same. Tracy Hoskins, Commissioner, asked if street trees would be required under a future Large Scale Development (LSD) proposal. Thompson said that street trees would be required by code when the property is developed. Hoskins asked whether the Planning Commission was authorized to require improvements of applicants. Thompson answered that the ordinance did provide the authority. Kit Williams, City Attorney, said that the Commission could require improvements, but recommended that the Commission not require Condition #1 because the ordinance is under review by the City Council. Hoskins asked staff to verify the code section which requires improvements. Garner replied that it was the requirement for the business to foster an aesthetically pleasing street scape. [UDC Chapter 178.04(C)(3)(a)] Hoskins asked staff how long the Mobile Vendor Ordinance has been under review. Thompson replied that it has been under review for approximately 18 months. Williams clarified, saying that the ordinance had not been under review by the City Council for 18 months. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 4 of 12 Planning Commission January 27, 2014 Page 5 of 11 Hoskins noted that typically the Attorney advises that the Commission make decisions based on current code, not code that is in the review process. He went on the say that there have been no public improvements made to the property in the time that vendors have been on the site, and that the Commission and Staff have been discussing that future improvements for more than a year with applicants on this site. William Chesser, Commissioner, asked staff where the ordinance review was in the City Council's process. Williams said that he agreed with Hoskins, saying that the Commission should make their decision based on current code. He declined to speculate about the ordinance and City Council progress. Chesser said that he was concerned about the cost of the improvements and that if this were a truly vacant lot then there would be no discussion about it now. He said the tree planting requirement could be too much, and said that there might be a requirement somewhere in the middle. Clark said that in her opinion it is entirely inappropriate to grant permits to both vendor and property owner jointly, and that the code is unconstitutionally vague. The code language is problematic. The applicant, Zuppa Zuppa has met her obligations to neighbors and satisfied staff, and suggested that the real question is whether the [Yacht Club] is an appropriate use of the property today. Chesser said that in general he has sided with mobile vendors, but that as a Planning Commissioner he could not support the idea that the business should not be required to improve the streetscape. Ron Autry, Commissioner, asked Mrs. Morris if she had discussed sharing the costs of the improvements with her tenants. Morris said that no she had not, as the vendors are temporary, staying only 4-5 months typically. She added that she believes the business to be a good thing for the City of Fayetteville, creating permanent businesses that occupy empty buildings. She said she is giving the [Yacht Club] business as a gift to the City, by encouraging businesses to start up with little capital. Autry said that this Yacht Club is successful as a business model, that it would be a shame to see that end, and that he could not support staff s recommendation for improvements. Williams defended the ordinance, saying that it is neither unconstitutional, nor vague. He said that he was not recommending support of staff's recommendation, but the requirements are not arbitrary, and are required as a part of development and the language of the variance which requires a finding that the business foster attractive streetscapes. He said that the [City] Council will be working on the code, and that requirements will be placed upon mobile vendor parks. Hoskins asked staff why the supplied landscape diagram showed twelve trees. Thompson replied that the drawing was created by staff and represents fully compliant parking lot and landscaping to meet the requirements of the code on the site. Hoskins said that staff is asking for a portion of the complete requirement, and that staff has been fair, as has the Planning Commission. Chesser said that he would like to hear from the applicant. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 5 of 12 Planning Commission January 27, 2014 Page 6 of]] Harris said that she feels Mrs Morris is providing a great service for start-up businesses, and that the streetscape is pleasing in her opinion. She noted that it has become a tourist attraction. Chesser said that he felt staff had arbitrarily recommended the improvements, and that he was troubled that the owner had not been given time to get bids to determine the cost of staff recommended improvements. Williams noted that the owner has had two weeks to get estimates, as the item had been tabled at the last Planning Commission meeting at the request of the owner. Kyle Cook, Commissioner, said that the fact that improvements would be required was not new. He said that the Commission has the right and had given appropriate notice. Motion #1 Commissioner Hoskins made a motion to approve ADM13-4584 with conditions as recommended by staff. The motion died for lack of a second. Motion #2: Commissioner Hoskins made a motion to deny ADM13-4584. The motion died for lack of a second. Motion #3: Commissioner Chesser made a motion to approve ADM13-4584, striking condition #1 and modifying #2 to change the date to 2014. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-1-0. (Commissioner Hoskins voted `no'.) Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 6 of 12 Planning Commission January 27, 2014 Page 7 of]] LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVEIKUM & GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. The applicant has requested that this item be tabled until the February 10, 2014 meeting. Motion: Commissioner Chesser made a motion to table LSD 13-4568 to the 2-10-14 meeting. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 7 of 12 Planning Commission January 27, 2014 Page 8 of 11 New Business: CUP 13-4595: Conditional Use Permit (1904 AND 1908 N. COLLEGE AVE./PUGH, 368): Submitted by JEREMY KENNEDY for properties located at 1904 AND 1908 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres. The request is for a conditional use permit to allow a detached residential dwelling use in the C-2 zoning district. Jesse Fulcher, Current Planner, read the staff report. No public comment was presented. Jeremy Kennedy, applicant, stated they were okay with the conditions. Motion: Commissioner Hoskins made a motion to approve CUP13-4595 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 8 of 12 Planning Commission January 27, 2014 Page 9 of 11 RZN 13-4536: Rezone (4310 MARTIN LUTHER KING BLVDJEDWARDS, 594): Submitted by BATES AND ASSOCIATES for property located at 4310 MARTIN LUTHER KING BOULEVARD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL contains approximately 0.74 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Andrew Garner, City Planning Director, gave the staff report. Evan Niehues, was present for questions. No public comment was presented. Commissioner Hoskins discussed the history of the commission looking at this property on the previous rezoning and their recommendation for Community Services zoning. Motion: Commissioner Hoskins made a motion to forward RZN13-4536 to City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 9 of 12 Planning Commission January 27, 2014 Page 10 of 11 ADM 14-4612: Administrative Item (501 W. MAPLE ST./STERLING FRISCO, 484): Submitted by HUMPHREY' S & PARTNERS ARCHITECTS for property located at 501 WEST MAPLE STREET. The property is zoned DG, DOWNTOWN GENERAL. The request is for a variance of Chapter 166.21(E)(7)(b), visible transmittance rating of glass on the first floor within the Downtown Design Overlay District. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Commissioner Chesser asked staff about using darker glass on the residential units Fulcher stated that the code does not allow darker glass based on use, but that staff understands why a darker glass would be appropriate on a residential unit. Staff reviewed the glass samples prior to approving the building permit and they met code. The project should meet code now. Curtis Burnett, applicant, stated that there was a large amount of turn over as this project was being constructed and this requirement was missed. We should have requested a variance up front. The darker glass was also used to help meet LEED requirements for the building. There are also security issues that we had to consider. Commissioner Chesser asked about the spaces being public or private. Burnett stated the coffee shop is intended for residents, but is open to the public. The other spaces are for residents use only. Motion: Commissioner Hoskins made a motion to approve ADM 14-4612 leaving the glass as constructed with the following exceptions: on the Lafayette Street elevation the south glazing on the east corner be replaced with .60 glass (coffee shop); • on the West Avenue elevation the south grouping of glass at the southeast corner be replaced with .60 glass (coffee shop); • glass at the residential club (gym) be replaced with .60 glass; • at the north end the glazing at the residential lobby be replaced with .60 glass; • on the Maple Street elevation the east end residential lobby be replaced .60 glass Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 5-1-0. (Commissioner Autry voted `no'.) Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 10 of 12 Planning Commission January 27, 2014 Page 11 of 11 ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161, Use Unit 44, Cottage Housing Development). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 161. The proposal is a minor editorial correction to Use Unit 44, Cottage Housing Development. Quin Thompson, Current Planner, read the staff report. Motion: Commissioner Chesser made a motion to forward ADM13-4603 to City Council. Commissioner Bunch 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 7.05 PM. Planning Commission February 10, 2014 Agenda Item 1 1-27-14 Minutes Page 11 of 12