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HomeMy WebLinkAbout135-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 135-24 File Number: 2024-51 APPEAL: CONDITIONAL USE PERMIT-2024-0011: (155 N. POWERHOUSE AVE/TRINITAS VENTURES, 483): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, D'ANDRE JONES, AND BOB STAFFORD AND APPROVE CONDITIONAL USE PERMIT CUP 2024-011 TO ALLOW THE INSTALLATION OF AN OFFSITE PARKING LOT AT 155 NORTH POWERHOUSE AVENUE AND UNIVERSITY AVENUE TO SERVE THE APPLICANT'S PROPOSED APARTMENT BUILDING ON CENTER STREET WHEREAS, in June of 2023, the Powerhouse Seafood restaurant situated approximately halfway between W. Dickson Street and W. Center Street closed permanently; and WHEREAS, Fayetteville's Unified Development Code § 172.06 — Parking Lot Location Standards, stipulates that parking lots that are not located on the same lot as the principal use require a conditional use permit approval from the Planning Commission; and WHEREAS, the proposed parking lot is within a nearby vicinity to the proposed housing development that it intends to serve and should reduce potential illegal parking by residents and guests; and WHEREAS, on April 8, 2024, the Planning Commission voted 4-4 and so did not approve the applicant's requested Conditional Use for an offsite parking lot; and WHEREAS, Council Members Scott Berna, D'Andre Jones, and Bob Stafford have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Council Members Scott Berna, D'Andre Jones, and Bob Stafford, finds that the proposed conditional use is compatible with adjacent properties and other property in the zoning district, and approves Conditional Use Permit CUP 2024-011 for offsite parking at 155 N. Powerhouse Avenue and N. University Avenue with all conditions proposed by Staff. PASSED and APPROVED on May 7, 2024 Page 1 Resolution: 135-24 File Number: 2024-51 Page 2 Attest: 0GLE R K / ii���i Kara Paxton, City Cle Treasurer ��V: CST YO F9�+ Aj gyF�fV .gyp ��((: SN 'O i i i� i%���` CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 7, 2024 CITY COUNCIL MEMO 2024-51 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: Appeal: CUP-2024-0011: Conditional Use Permit (155 N. POWERHOUSE AVE/TRINITAS VENTURES, 483): Submitted by BLEW & ASSOCIATES for property located at 155 N. POWERHOUSE AVE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.46 acres. The request is for offsite parking. RECOMMENDATION: City Planning staff recommend approval of a conditional use permit for an off -site parking lot as described below and with the conditions outlined in the attached Planning Commission staff report. A Planning Commission vote to approve the request failed. BACKGROUND: The subject property is in downtown Fayetteville with street frontage along N. University Avenue. Situated approximately halfway between W. Dickson Street and W. Center Street, the site sits just south of the downtown SWEPCO electric substation and was the former site of the Powerhouse Seafood restaurant that permanently closed in June 2023. The property is zoned MSC, Main Street/Center, contains approximately 2.5 acres, and slopes downward to the east at an approximately 12% grade change. Request: The applicant requests conditional use permit approval to install an off -site parking lot in the Main Street/Center zoning district to provide parking for a proposed student housing project on W. Center Street. Fayetteville's Unified Development Code, under §172.06 — Parking Lot Location Standards, stipulates that parking lots that are not located on the same lot as the principal use require conditional use permit approval from the Planning Commission. Public Comment: Staff received inquiries from the public regarding this request, but no comments in opposition or support. One member of the public indicated a preference for fencing along the southern and eastern property lines. Findings: Staff finds that granting the requested conditional use is unlikely to negatively impact the public interest and is compatible with the current land use surroundings and future land use plans. The proposed parking lot is within a nearby vicinity to the proposed housing development that it intends to serve and should in some manner prevent residents and guests parking illegally in this area. Given the natural borders to the site (a cemetery to the west, a substation to the north, and a railroad to the east), staff finds that the parking lot will have limited visual impact to the surrounding neighborhood characteristics. Though a sidewalk is present, staff recommends the improvement of the sidewalk along the property's frontage on N. University Avenue to be Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 improved to meet the Neighborhood Link Street requirements for sidewalks, street trees, and greenspace. Further, to reduce the visual impact of the parking lot, staff recommends a hedge row to be constructed along the N. University Avenue frontage to provide additional screening. While infill is cited as a top priority in City Plan 2040, staff also finds that the illustrative Fayetteville Downtown Master Plan does not identify this specific site as an infill opportunity. Given existing physical constraints on this property, including both slope and overhead power lines, a parking lot is a generally suitable option for the near -term future of this site. DISCUSSION: At the April 8, 2024 Planning Commission meeting, the request failed to receive approval after receiving a vote of 4-4-0 following a motion to approve by Commissioner Brink with a second by Commissioner Payne; Commissioners Castin, Garlock, Gulley, and McGetrick were opposed. Commissioners in favor of the request found that the site's location and existing features made the development of a parking lot a reasonable request and would support the need for additional housing in the area; the parking lot is tied to the development of a proposed student housing project. Commissioners' main concerns and opposition to the proposal included the lack of preservation or redevelopment of the former Powerhouse structure, the length of the proposed 55-year lease and whether a parking lot would need to remain on this site for that length of time, and potential street and lighting improvements along N. University Avenue. Commissioners had questions about upgrading sidewalk, trees, streetlights, and greenspace not only along the property's frontage, but expressed a desire to continue the improvements to the intersection of N. University Avenue to W. Center Street. An initial motion was made but was ultimately withdrawn regarding extending improvements south along University to W. Center Street, given the lack of the feasibility of the request and constructability without additional land acquisition. Further, Commissioners had concerns about the indefinite, or 55-year future of the land, ultimately finding, based on staff and City Attorney's office feedback, that an amendment or formal abandonment to the CUP would be required to decouple the parking lot from the housing development in the future. Commissioners in opposition also found a general lack of compatibility with future land use plans for the area, and the City's nearby investment in the Cultural Arts Corridor. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Appeal Request Letter (#3), Council Member Berna - Affirmation of Appeal (#4), Council Member Jones - Affirmation of Appeal (#5), Council Member Stafford - Affirmation of Appeal (#6), Planning Commission Staff Report (#7), Underwood Powerhouse Property Letter (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-51 Appeal: CUP-2024-0011: Conditional Use Permit (155 N. POWERHOUSE AVE/TRINITAS VENTURES, 483): Submitted by BLEW & ASSOCIATES for property located at 155 N. POWERHOUSE AVE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.46 acres. The request is for offsite parking. A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SCOTT BERNA, D'ANDRE JONES, AND BOB STAFFORD AND APPROVE CONDITIONAL USE PERMIT CUP 2024-011 TO ALLOW THE INSTALLATION OF AN OFFSITE PARKING LOT AT 155 NORTH POWERHOUSE AVENUE AND UNIVERSITY AVENUE TO SERVE THE APPLICANT'S PROPOSED APARTMENT BUILDING ON CENTER STREET WHEREAS, in June of 2023, the Powerhouse Seafood restaurant situated approximately halfway between W. Dickson Street and W. Center Street closed permanently; and WHEREAS, Fayetteville's Unified Development Code § 172.06 — Parking Lot Location Standards, stipulates that parking lots that are not located on the same lot as the principal use require a conditional use permit approval from the Planning Commission; and WHEREAS, the proposed parking lot is within a nearby vicinity to the proposed housing development that it intends to serve and should reduce potential illegal parking by residents and guests; and WHEREAS, on April 8, 2024, the Planning Commission voted 4-4 and so did not approve the applicant's requested Conditional Use for an offsite parking lot; and WHEREAS, Council Members Scott Berna, D'Andre Jones, and Bob Stafford have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Council Members Scott Berna, D'Andre Jones, and Bob Stafford, finds that the proposed conditional use is compatible with adjacent properties and other property in the zoning district, and approves Conditional Use Permit CUP 2024-011 for offsite parking at 155 N. Powerhouse Avenue and N. University Avenue with all conditions proposed by Staff. Page 1 APPLICANT APPEAL LETTER From: Suzanne Clark <sclark@clark-firm.com> Sent: Friday, April 12, 2024 1:13 PM To: Pennington, Blake <bpennington@fayetteville-ar.gov>; Stafford, Bob <bob.stafford@fayetteville- ar.gov>; Jones, D'Andre <dandre.Jones @fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville- ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: RE: Trinitas Ventures - Appeal - CUP 2024-0011 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. With apologies, I believed the staff report referencing the code section provided that requirement, but to clarify, it is the decision denying the CUP UDC 172.06 — Parking Lot Location Standards that is being appealed. Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com CLARRKK - Send Me a Secure Email Confidentiality Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Friday, April 12, 2024 1:06 PM To: Suzanne Clark <sclark@clark-firm.com>; Stafford, Bob <bob.stafford@favetteville-ar.gov>; Jones, D'Andre <dandre.iones@favetteville-ar.gov>; Moore, Sarah <sarah.moore@favetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@favetteville-ar.gov>; Berna, Scott <scott.berna@favetteville- ar.gov>; Bunch, Sarah <sarah.bunch@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville- ar.gov>; Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@favetteville-ar.gov>; Williams, Kit APPLICANT APPEAL LETTER <kwilliams@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: RE: Trinitas Ventures - Appeal - CUP 2024-0011 Council Members, Section 155.02(A) requires appeals to be "submitted in writing referencing the applicable UDC section(s) and setting out the reasons the applicant contends the decision was in error." Ms. Clark's email satisfies the writing requirement and the requirement to set out the reasons they believe the decision was in error; however, it does not reference any applicable UDC sections or specifically cite any of the factors to be considered on conditional use permit applications. Because this is a conditional use permit, Section 163.02 of the UDC says the Planning Commission and, on appeal, the City Council, must determine that the proposed use is compatible with adjacent properties and other properties in the district, is compatible with the goals and intent of the City's adopted land use, transportation, and other strategic plans, and granting the conditional use will not adversely affect the public interest. There are other requirements that may be at issue but I want to confirm with Ms. Clark that the UDC section applicable to this appeal is Section 163.02 and also confirm that any council member who wishes to sponsor the appeal concurs. Thankyou, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington fayetteville-ar.gov Direct: 479.575.8312 www.fayetteville-ar.gov CITY OF FAYETTEVILLE ARKANS wRKwNsws From: Suzanne Clark <sclark@clark-firm.com> Sent: Friday, April 12, 2024 12:30 PM To: Stafford, Bob <bob.stafford@fayetteville-ar.gov>; Jones, D'Andre <dandre. *ones @fayetteville- ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@favetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Trinitas Ventures - Appeal - CUP 2024-0011 Importance: High APPLICANT APPEAL LETTER CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, On behalf of my client, Trinitas Ventures LLC, I am requesting the opportunity to appeal to the Fayetteville City Council the Planning Commission's denial of the attached petition for a Conditional Use Permit. I need three (3) Council members to agree to hear the appeal in order for it to be placed on the Council's agenda. If you are willing to hear this matter, I would request you respond with your agreement to hear the appeal. I certainly understand that approval to hear the appeal has no bearing on your vote regarding the merits of the appeal. I have attached the staff report that was submitted to the Planning Commission. I have also attached a few slides from our presentation regarding the development and the proposed remote parking lot. You can see from the staff report that this was recommended for approval and that Fire and Police are in support of the petition as well. The matter failed before the Planning Commission with four (4) commissioners in favor and four (4) against. My client explored several sites that would meet the code requirements regarding distance from the residential site before settling on the Powerhouse lot for the CUP application. This site was considered by staff, police, and fire as the best option for many reasons. In addition to the conditions required of staff, with which my client is in agreement, there will be significant improvements to the site which will provide improvements from both an aesthetic and safety perspective. The site is not amenable to other development options specifically because of the power lines traversing the property. Fayetteville recently declared a housing crisis. This development, which add over 600 beds in the heart of downtown, has an infill score of 13 out of 14. It will help provide housing options primarily for students, which will in turn open up some of the more affordable housing options that students currently occupy. I would respectfully request that you allow this matter to heard by the City Council and give my client the opportunity to present why approval of this CUP is a good decision for Fayetteville. Should you have any questions, please do not hesitate to contact me. Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com CLARK APPLICANT APPEAL LETTER Send Me a Secure Email Confidentiality Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. CO CV O N Q cm Z O v Q F- Z ry F- V) fu V) c Q a) M LL U) c UI O c innintA g u E cu Q u mtn a N Y Y ++ N Q �u�o t ° �i.2 googola1 oa m v > Nu L = Y. 2 y E,�a o MEN C1 i O u~c'Co i +' cn�yoa Q N U ._ Y c 06 O7 cn O Y 1\ll u C_a yM t U ) 0C) N 3 �' O = O Ua>~�~ C mJNln 0 Denim r ■ :fC1 I N ■ 1 �. l Cl) 1 Z cn ■ ■ ■ II f � ... - �•uuum� �� �1 {� EiJ'Jin wmm 1l- f ® l ® moo• —.�a—.a�� —. _ter _. -. _. _ _- 11 -11 I�A W14 C ,. � � r�:IL' 1 ''- ��' 1� ,'I� ,I��� I'L�.�.�-��. �: � � < �,. V LLI 1�' \�� l`'��1 i" 1t \1. l�� l Is A I Cf) CI) nil as oil mu Nei r MI on 111,11i ,g m 0 own% C'm E CD 0 0 L 0 c 0 0 r- m 0— m 4-0 a a a E uj CD Z Z m (1) (1) m > ..= 0 0 CL LU c a a 1 !! - ��' ♦ i r Wain - m o O 1 0 IL G1 cC � t O . C1 mN Ocn� a r- Q Q N — .. C d fn fn E L Mh a :. 1 p L M C C .� O 0 �� r• CD L Q m Q y 0 co Q cn V O N Ar. . . y y MEW E K w y = �4N(� r v ca N *. -i co O d 'i _ _ C C = � 0 O .2 d �00Ea>ClCRfNM o a ILO .a O L J J C C Ci0_ G>O .Na d = E E t) O O O _ _ i Q O O L L Q Q Gs M O d=u co d= L I . 7 t� a N co 7 O E O •� U N M c LL N .c H cU a U N a c 4-J 7 a_> M LJ a LL W a� N a� _ aJ oN O LL 3 c O u �, a 3 LL O.N 3 N N �, LL '� c m '0 > c C N c Ln rn O (% 0O c a° o ° c c O a� c O c - O U Q I-j H o LL c N O> -0 X '� .1 4-- O c O E Q o N > N N c .O i c N ._ H c O tn U c N c J >, a N •� a — c c N E a O > O _ m O � O U c s w .V O a ,J N O a N c O Q n c O � c� U 'E � ; U '++ f0 CL COUNCILMAN BERNA From: Berna, Scott <scott.berna@fayetteville-ar.gov> Sent: Friday, April 12, 2024 1:27 PM To: Suzanne Clark <sclark@clark-firm.com>; Pennington, Blake <bpennington@fayetteville-ar.gov>; Stafford, Bob <bob.stafford@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville- ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville- ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>; Curth, Jonathan <jcurth@fayetteville-ar.gov> Subject: Re: Trinitas Ventures - Appeal - CUP 2024-0011 Thanks for clarification Blake and Suzanne. I assume you would like for me to reconfirm my willingness to hear the appeal. Please let this email reconfirm my consent. Scott Berna From: Suzanne Clark <sclark@clark-firm.com> Sent: Friday, April 12, 2024 1:12 PM To: Pennington, Blake <bpennington@favetteville-ar.gov>; Stafford, Bob <bob.stafford@fayetteville- ar.gov>; Jones, D'Andre <dandre. *ones @fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville- ar.gov>; Wiederkehr, Mike <mike.wiederkehr@favetteville-ar.gov>; Berna, Scott <scott.berna@favetteville-ar.gov>; Bunch, Sarah <sarah.bunch@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@favetteville-ar.gov>; Williams, Kit <kwilliams@favetteville-ar.gov>; Curth, Jonathan <icurth@fayetteville-ar.gov> Subject: RE: Trinitas Ventures - Appeal - CUP 2024-0011 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. With apologies, I believed the staff report referencing the code section provided that requirement, but to clarify, it is the decision denying the CUP UDC 172.06 — Parking Lot Location Standards that is being appealed. Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com CLARK -:.:. COUNCILMAN BERNA Send Me a Secure Email Confidentiality Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. From: Pennington, Blake <bpennington@favetteville-ar.gov> Sent: Friday, April 12, 2024 1:06 PM To: Suzanne Clark <sclark@clark-firm.com>; Stafford, Bob <bob.stafford@favetteville-ar.gov>; Jones, D'Andre <dandre.tones@fayetteville-ar.gov>; Moore, Sarah <sarah.moore@favetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@favetteville-ar.gov>; Berna, Scott <scott.berna@favetteville- ar.gov>; Bunch, Sarah <sarah.bunch@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville- ar.gov>; Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@favetteville-ar.gov>; Williams, Kit <kwilliams@favetteville-ar.gov>; Curth, Jonathan <icurth@favetteville-ar.gov> Subject: RE: Trinitas Ventures - Appeal - CUP 2024-0011 Council Members, Section 155.02(A) requires appeals to be "submitted in writing referencing the applicable UDC section(s) and setting out the reasons the applicant contends the decision was in error." Ms. Clark's email satisfies the writing requirement and the requirement to set out the reasons they believe the decision was in error; however, it does not reference any applicable UDC sections or specifically cite any of the factors to be considered on conditional use permit applications. Because this is a conditional use permit, Section 163.02 of the UDC says the Planning Commission and, on appeal, the City Council, must determine that the proposed use is compatible with adjacent properties and other properties in the district, is compatible with the goals and intent of the City's adopted land use, transportation, and other strategic plans, and granting the conditional use will not adversely affect the public interest. There are other requirements that may be at issue but I want to confirm with Ms. Clark that the UDC section applicable to this appeal is Section 163.02 and also confirm that any council member who wishes to sponsor the appeal concurs. Thank you, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bi)ennington(a�fayetteville-ar.gov Direct: 479.575.8312 www.favetteville-ar.gov COUNCILMAN BERNA CITY of FAYETTEVILLE ARKANSAS From: Suzanne Clark <sclark@clark-firm.com> Sent: Friday, April 12, 2024 12:30 PM To: Stafford, Bob <bob.stafford@favetteville-ar.gov>; Jones, D'Andre <dandre.lones@fayetteville- ar.gov>; Moore, Sarah <sarah.moore@favetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@favetteville-ar.gov>; Berna, Scott <scott.berna@favetteville-ar.gov>; Bunch, Sarah <sarah.bunch@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@favetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@favetteville-ar.gov>; Pennington, Blake <bpennington@favetteville-ar.gov> Subject: Trinitas Ventures - Appeal - CUP 2024-0011 Importance: High CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, On behalf of my client, Trinitas Ventures LLC, I am requesting the opportunity to appeal to the Fayetteville City Council the Planning Commission's denial of the attached petition for a Conditional Use Permit. I need three (3) Council members to agree to hear the appeal in order for it to be placed on the Council's agenda. If you are willing to hear this matter, I would request you respond with your agreement to hear the appeal. I certainly understand that approval to hear the appeal has no bearing on your vote regarding the merits of the appeal. I have attached the staff report that was submitted to the Planning Commission. I have also attached a few slides from our presentation regarding the development and the proposed remote parking lot. You can see from the staff report that this was recommended for approval and that Fire and Police are in support of the petition as well. The matter failed before the Planning Commission with four (4) commissioners in favor and four (4) against. My client explored several sites that would meet the code requirements regarding distance from the residential site before settling on the Powerhouse lot for the CUP application. This site was considered by staff, police, and fire as the best option for many reasons. In addition to the conditions required of staff, with which my client is in agreement, there will be significant improvements to the site which will provide improvements from both an aesthetic and safety perspective. The site is not amenable to other development options specifically because of the power lines traversing the property. Fayetteville recently declared a housing crisis. This development, which add over 600 beds in the heart of downtown, has an infill score of 13 out of 14. It will help provide housing options primarily for students, which will in turn open up some of the more affordable housing options that students currently occupy. I would respectfully request that you allow this matter to heard by the City COUNCILMAN BERNA Council and give my client the opportunity to present why approval of this CUP is a good decision for Fayetteville. Should you have any questions, please do not hesitate to contact me. Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com CLARK Send Me a Secure Email Confidentiality Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. COUNCILMAN JONES From: D'Andre Jones <dre91732000@gmail.com> Sent: Friday, April 12, 2024 1:36 PM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Cc: Suzanne Clark <sclark@clark-firm.com>; Jones, D'Andre <dandre.Jones @fayetteville-ar.gov>; Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@fayetteville-ar.gov>; Williams, Kit <kwi I I is ms@fayettevi I l e-a r.gov> Subject: Re: Trinitas Ventures - Appeal - CUP 2024-0011 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes my commitment stands Sent from my iPhone On Apr 12, 2024, at 1:29 PM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: D'Andre, I just wanted to confirm that you had seen Suzanne's latest email references Section 172.06 of the UDC as the applicable section to be considered on appeal and that you concurred. Thank you, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington(abfayetteville-ar.gov Direct: 479.575.8312 www.fayetteville-ar.gov <image001.png> From: D'Andre Jones <dre91732000@gmail.com> Sent: Friday, April 12, 2024 1:08 PM To: Suzanne Clark <sclark@clark-firm.com> Cc: Stafford, Bob <bob.stafford@fayetteville-ar.gov>; Jones, D'Andre <dandre.lones@fayetteville- ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>; Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Re: Trinitas Ventures - Appeal - CUP 2024-0011 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. COUNCILMAN JONES Hey Suzanne as promised I will support the hearing of the appeal!! Sent from my iPhone On Apr 12, 2024, at 12:30 PM, Suzanne Clark <sclark@dark-firm.com> wrote: CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, On behalf of my client, Trinitas Ventures LLC, I am requesting the opportunity to appeal to the Fayetteville City Council the Planning Commission's denial of the attached petition for a Conditional Use Permit. I need three (3) Council members to agree to hear the appeal in order for it to be placed on the Council's agenda. If you are willing to hear this matter, I would request you respond with your agreement to hear the appeal. I certainly understand that approval to hear the appeal has no bearing on your vote regarding the merits of the appeal. I have attached the staff report that was submitted to the Planning Commission. I have also attached a few slides from our presentation regarding the development and the proposed remote parking lot. You can see from the staff report that this was recommended for approval and that Fire and Police are in support of the petition as well. The matter failed before the Planning Commission with four (4) commissioners in favor and four (4) against. My client explored several sites that would meet the code requirements regarding distance from the residential site before settling on the Powerhouse lot for the CUP application. This site was considered by staff, police, and fire as the best option for many reasons. In addition to the conditions required of staff, with which my client is in agreement, there will be significant improvements to the site which will provide improvements from both an aesthetic and safety perspective. The site is not amenable to other development options specifically because of the power lines traversing the property. Fayetteville recently declared a housing crisis. This development, which add over 600 beds in the heart of downtown, has an infill score of 13 out of 14. It will help provide housing options primarily for students, which will in turn open up some of the more affordable housing options that students currently occupy. I would respectfully request that you allow this matter to heard by the City Council and give my client the opportunity to present why approval of this CUP is a good decision for Fayetteville. Should you have any questions, please do not hesitate to contact me. Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 COUNCILMAN JONES Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com <image001.jpg> Send Me a Secure Email Confidentiality Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. <CUP-2024-0011 PC Report.pdf> <612 Center St Parking - CUP Appeal.pdf> COUNCILMAN STAFFORD From: Stafford, Bob <bob.stafford@fayetteville-ar.gov> Sent: Monday, April 15, 2024 1:05 PM To: Suzanne Clark <sclark@clark-firm.com>; Jones, D'Andre <dandre.Jones @fayetteville-ar.gov>; Moore, Sarah <sarah.moore@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Berna, Scott <scott.berna@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Re: Trinitas Ventures - Appeal - CUP 2024-0011 Hi Suzanne et al., As per our earlier phone conversation, I will support hearing this appeal. Thanks, Bob Robert B. Stafford Fayetteville City Council Ward 1, Position 1 479.879.6802 From: Suzanne Clark <sclark@clark-firm.com> Sent: Friday, April 12, 2024 12:30 PM To: Stafford, Bob <bob.stafford@fayetteville-ar.gov>; Jones, D'Andre <dandre.lones@fayetteville- ar.gov>; Moore, Sarah <sarah.moore@favetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@favetteville-ar.gov>; Berna, Scott <scott.berna@favetteville-ar.gov>; Bunch, Sarah <sarah.bunch@favetteville-ar.gov>; Turk, Teresa <teresa.turk@favetteville-ar.gov>; Hertzberg, Holly <holly. hertzberg@fayettevil le -a r.gov> Cc: Anna Langner <alangner@clark-firm.com>; CityClerk <cityclerk@favetteville-ar.gov>; Pennington, Blake <bpennington@favetteville-ar.gov> Subject: Trinitas Ventures - Appeal - CUP 2024-0011 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council, On behalf of my client, Trinitas Ventures LLC, I am requesting the opportunity to appeal to the Fayetteville City Council the Planning Commission's denial of the attached petition for a Conditional Use Permit. I need three (3) Council members to agree to hear the appeal in order for it to be placed on the Council's agenda. If you are willing to hear this matter, I would request you respond with your agreement to hear the appeal. I certainly understand that approval to hear the appeal has no bearing on your vote regarding the merits of the appeal. I have attached the staff report that was submitted to the Planning Commission. I have also attached a few slides from our presentation regarding the development and the proposed remote parking lot. You can see from the staff report that this was recommended for approval and that Fire COUNCILMAN STAFFORD and Police are in support of the petition as well. The matter failed before the Planning Commission with four (4) commissioners in favor and four (4) against. My client explored several sites that would meet the code requirements regarding distance from the residential site before settling on the Powerhouse lot for the CUP application. This site was considered by staff, police, and fire as the best option for many reasons. In addition to the conditions required of staff, with which my client is in agreement, there will be significant improvements to the site which will provide improvements from both an aesthetic and safety perspective. The site is not amenable to other development options specifically because of the power lines traversing the property. Fayetteville recently declared a housing crisis. This development, which add over 600 beds in the heart of downtown, has an infill score of 13 out of 14. It will help provide housing options primarily for students, which will in turn open up some of the more affordable housing options that students currently occupy. I would respectfully request that you allow this matter to heard by the City Council and give my client the opportunity to present why approval of this CUP is a good decision for Fayetteville. Should you have any questions, please do not hesitate to contact me. Suzanne G. Clark CLARK LAW FIRM, PLLC 121 W. South Street P.O. Box 4248 Fayetteville, AR 72702-4248 Tel: 479-856-6380 Fax: 479-856-6381 sclark@clark-firm.com www.clark-firm.com ` CLARK Send Me a Secure Email Confidentiality Notice This e-mail transmission and any documents or other attachments accompanying it contain confidential information that may be protected by the attorney -client privilege. In the event that this e-mail contains a forwarded message or is a reply to a prior message, some or all of the contents of this e-mail transmission or any documents or other instruments may not have been produced by Clark Law Firm, PLLC. .CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: April 8, 2024 SUBJECT: CUP-2024-0011: Conditional Use Permit (155 N. POWERHOUSE AVE/TRINITAS VENTURES, 483): Submitted by BLEW & ASSOCIATES for property located at 155 N. POWERHOUSE AVE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.46 acres. The request is for offsite parking. RECOMMENDATION: Staff recommends approval of CUP-2024-0011. RECOMMENDED MOTION: "I move to approve CUP-2024-0011, determining: • In favor of compatibility for an off -site parking lot serving a residential use; • In favor of all other conditions as recommended by staff. " BACKGROUND: The subject property is in downtown Fayetteville with street frontage along N. University Avenue. Situated approximately halfway between W. Dickson Street and W. Center Street, the site sits just south of the downtown SWEPCO electric substation, and was the former site of the Powerhouse Seafood restaurant that permanently closed in June 2023. The property is zoned MSC, Main Street Center and contains approximately 2.5 acres. The site slopes downward to the east at an approximately 12% grade change. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North SWEPCO Substation MSC, Main Street Center South University of Arkansas MSC, Main Street Center (Warehousing and Offices East Arkansas Missouri MSC, Main Street Center Railroad/Commercial/Multi-family West Evergreen Cemetery MSC, Main Street Center City Plan 2040 Future Land Use Designation: City Neighborhood Area. Proposal: The applicant requests conditional use permit approval to install an off -site parking lot in the Main Street/Center zoning district. The purpose of this request is to provide an off -site parking lot for a proposed student housing project on W. Center Street. Fayetteville's Unified Development Code, under §172.06 — Parking Lot Location Standards, notes that parking lots that are not located on the same lot as the principal use, require conditional use permit approval from the Planning Commission. Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 1 of 17 Public Comment: Staff have received inquiries from the public regarding this request, but no comments in opposition or support. One member of the public indicated a request for fencing along the southern and eastern property lines. RECOMMENDATION: Staff recommends approval of CUP-2024-0011, with the following conditions: Conditions of Approval: Planning Commission determination of compatibility for an off -site parking lot serving a residential use. Staff finds the proposed parking lot to be compatible for the reasons outlined in this report; 2. Conditional use permit approval does not grant any necessary development entitlement approval for the associated parking lot, or for the related student housing project. For the purposes of development review, development entitlement for this parking lot and for the related proposed student housing project (parcels 765-12932-001 and 765-12934-000, 765-01886-000 respectively) shall be considered as one site and/or one project. 3. At the time of development entitlement, applicant shall supply adequate ownership or long-term lease information that ensures the property can be retained as a parking lot for a reasonable amount of time to serve the residential structure. 4. Sidewalk, greenspace, streetlights, and street trees shall be installed along the property's frontage along N. University Avenue in line with the typical master street plan requirements for Neighborhood Link streets. 5. A hedge row, between 32 and 42 inches in height, shall be installed between the parking lot and the street, and that a maintenance guarantee be provided to cover the installation and care of the hedge until it is grown to sufficient height and density to screen the parking lot as intended. 6. Off -site parking lots shall be prohibited from being located within the build -to - zone, per 172.04(C)3. Associated spaces shall not be located within 0-25 feet from the existing right-of-way, or master street plan right-of-way, whichever is greater. 7. Accessible parking requirements shall be evaluated for compliance with the Unified Development Code and the Americans with Disabilities Act; 8. Trash receptacles shall be provided for the convenience of the users, and shall be screened from view of the public right-of-way. The property owner shall be responsible for maintaining the property and keeping it free and clear of litter and debris; 9. Signage shall comply with the UDC Chapter 174, Signs; 10. Outdoor lighting on this property shall comply with UDC Chapter 176, Outdoor Lighting; Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 2 of 17 11. Existing non -conforming access features shall be brought into conformity in line with the standard requirements in UDC Chapter 166.08(F); 12. Parking lot must meet all other standard design and development standards as outlined in the Unified Development Code, including, but not limited to, paving and construction, dimensional standards, landscape requirements, and drainage requirements. PLANNING COMMISSION ACTION: Required YES jDate: April 8, 2024 O Tabled O Approved O Denied Motion: Second: Vote: FINDINGS OF THE STAFF §163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. Procedures. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting conditional use approval for an off -site parking lot. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 3 of 17 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; Finding: The Planning Commission is empowered under Unified Development Code §172.06 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest; Finding: Staff finds that granting the requested conditional use permit is not likely to negatively affect the public interest. By including this off -site parking lot within a nearby vicinity to the proposed housing development, staff finds that residents and guests of the proposed housing development are less likely to park in an illegal manner or in a way that would conflict with public safety or emergency services access. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are specific rules governing off -site parking locations in Unified Development Code §172.06, Parking Lot Location Standards. §172.06. PARKING LOT LOCATION STANDARDS. B. Permitted Locations as a Conditional Use. 1. Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. 2. Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. Finding: The request is for a parking lot located within the same zoning district as the principal use (both areas are zoned MSC). Staff finds that the proposed size and scale is unlikely to negatively affect the surrounding neighborhood characteristics. C. Off -Site Locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 4 of 17 Finding: The intent of the ordinance limiting the distance to 600 feet is meant to provide an off -site parking lot that is still within a convenient, walkable location for the proposed users. The proposed site is, as the crow flies, less than 200 feet away from the proposed principal use at its closest corners, but via a reasonable and legal walking distance, the parking lot is approximately 675 feet from the primary use. The applicant has not provided additional information about possible transportation or a shuttle service, but intends to use existing public sidewalk and existing public trail for transportation between the parking lot at the proposed housing use. §163.02. AUTHORITY; CONDITIONS; PROCEDURES. (continued) (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: N. University Avenue is classified as a Neighborhood Link Street, which typically requires a curb separation distance of 100 feet. The applicant is showing an intent to provide vehicular access through two proposed curb cuts, which are approximately 150 feet in separation. The site is currently served by what appear to be two existing non -conforming driveways, one to the south, and one to the north. The proposal would provide for safer and more predictable vehicular access to the site. The site also has an existing sidewalk and pedestrian crossing to the Razorback Greenway to the east; staff would recommend improvements to the pedestrian crossing here, since it is a likely desired path that individuals parking their vehicles in this site would take to access the proposed housing to the south. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: No substantial noise, glare, or odor effects on adjoining properties are anticipated, though staff recognizes that a stagnant use such as a parking lot may not provide necessary activation to the site that may help generate economic activity in this area. That said, a parking lot in this location may be one of the more reasonable uses that could be installed at this site; given the substation to the north, staff finds that the site is likely encumbered by many easements that could make building more vertically less likely. Further, the site has natural borders; the cemetery to the west, the substation to the north, and the railroad to the east limits access to the area. The site also slopes significantly to the east, so any negative visual impact from a parking lot is likely to be minimal. That said, staff recommend a Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 5 of 17 landscaped screen between 32 and 42 inches in height with a 50% opaque minimum be installed along the N. University Avenue frontage. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: Minimal refuse generation is anticipated with the proposed off -site parking lot. The property owner is responsible for maintaining the lot. Staff recommends, however, that trash facilities be provided for and maintained at this location for the convenience of the individuals parked here. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: No development is proposed on the subject property where water and sewer services are necessary. The adequacy of existing infrastructure would be evaluated at the time of any future development. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: The off -site parking lot shall be subject to the City's landscaping requirements, and the applicant is showing an intent to provide required tree islands. Staff recommends that screening and buffering be installed per the requirements as outlined in chapter 177, Landscape Regulations. Staff also recommends that a landscaped screen between 32 and 42 inches in height with a 50% opaque minimum be installed along the N. University Avenue frontage to minimize the visual impact of the parking lot from the public right- of-way. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Any proposed signage must meet the requirements as outlined by chapter 174. The applicant has not currently indicated any signage to be placed on - site. (g.) Required yards and other open space; and Finding: No structures are proposed with this conditional use permit. Staff finds that the proposal is generally meeting the landscape buffer requirements as outlined in chapter 177, Landscape Regulations. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the proposal is compatible with adjacent properties, though not necessarily compatible with other allowable uses in the Main Street/Center zoning district. Surface parking lots are becoming less Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 6 of 17 common in downtown Fayetteville, with the ongoing redevelopment of the Civic Plaza property to the east from a parking lot to a city public park and open space. (i) General compatibility with the goals and intent of the city's adopted land -use, transportation, and other strategic plans. Finding: Staff finds that the proposal is compatible with the goals and intent of the city's adopted land -use, transportation, and other strategic plans. The property in question was evaluated in 2004 with the adoption of the Fayetteville Downtown Master Plan. While this plan is 20 years old, staff recognizes that it is still the governing document for the area. The illustrative plan for this site did not call for any form or redevelopment or infill, where it did in other locations. There is no long-term plan for this site with this proposal to become redeveloped, or to transfer to a different use in the future, and approval of this conditional use permit would solidify its development as such for the long-term. BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.27 Main Street/Center o §172.06 - Parking Lot Location Standards • Location exhibit • Fayetteville Downtown Master Plan (Excerpt) • Applicant Request Letter • Applicant Exhibit • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 7 of 17 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 8 of 17 (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." 172.06 - Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A) Permitted Locations by Right. Parking lots shall be located within the same zoning district as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted Locations as a Conditional Use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off -Site Locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 9 of 17 STAFF EXHIBIT OFF -SITE PARKING LOT LOCATION DIAGRAM Orckson 30 r 366 3 , t 223 r Proposed parking lot loft — — i <rem M 73.* VIA Z cl_ 0 r - jjT �2-* ,f 'At 251 i K. r ti'ad,ne Baum �t Proposed housing development W Meadow 5t 7� , 3 _ - J -�_ :. rVA i J Y f r W center p, _ • Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 10 of 17 Ir _r Ff J • e� I LPL 411. f f� .° _ v&-, d= lA STAFF EXHIBIT 2004 DOWNTOWN MASTER PLAN - ;i 11 • iMI�. �i eP i fti 1 Q 41 71 I 1.0 1 0. 4tQ i !. Ta 1 Er ` I 1 ,. �. � �e �' �t��rr(i• ml3e(�II�I . •�1��ry�� __ - •���r;.�--'r -� -- • ar FAYETTEVILLE DOWNTOWN MASTER PLAN ille, Arkansas � -' City of Fayetteville, Arkansas Fayetteville, - M -,W.. w.e, Idealized Buildout U.ss_Wu6 c7um+ces L Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 11 of 17 BLEW Surveying I Engineering Environmental March 20, 2024 City of Fayetteville 125 W. Mountain Street Fayetteville, Arkansas SUBJECT: Conditional Use Permit Parcel 765-12932-001 To Whom It May Concern: Trinitas Development, LLC is submitting a Conditional Use Permit for Parcel 765-12932-001 to develop said parcel as a Parking Lot for use of the residents of the Trinitas Development properties. The attached site plan is conceptual and may be modified based on site conditions. Building size in square feet; existing and proposed N/A, No buildings are proposed for this site. Color elevations of all exterior sides of the structure N/A, No buildings are proposed for this site. Number of off-street parking spaces to be provided / number required. This will be an offsite parking area to be used by residents of the Trinitas Development properties. The number of parking spaces proposed will be a minimum of 194 spaces but no more than 221 spaces as required for the 612 Center Street Development. 194 spaces are needed to make up the difference for the principal use. The parking lot will comply with the City of Fayetteville's Unified Development Code. When request applies to a business or non-residential use: -Hours of operation -Number of employees -Anticipated number of patrons, clients, children, customers, etc. (average per day / peak hour) Hours of Operation: 24 hours per day, 7 days per week. Number of Employees: 0 Anticipated number of patrons: 194 vehicles Outdoor lighting Outdoor lighting meeting City of Fayetteville's Unified Development Code will be provided for the purposes of security for the patrons of the parking lot. Noise Due to the nature of the project, the only expected noise would be generated from vehicular traffic on the site. 10 479-443-4506 O blewinc.com PIq0g$'Jftfhftowle Hills Pkwy R,�qgg�,, JJk4nsas 72758 CUP-2024-0011 (TRINITAS VENTURES) Page 12 of 17 Screening or buffering from adjacent properties. The parking lot will be placed outside of the build to zone, so the requirements of 172.04(C) are not applicable. The following will be provided: landscaping meeting the requirement of the municipal code; and a fence around the property. Trash and refuse service (with particular reference to visibilityfrom the street and adjacent properties) N/A, Trash and refuse service will not be provided at this site. Ingress and egress to the property; traffic impacts With 194 vehicles associated with this site, per the ITE Trip Generation Manual, we can expect 3.24 trips per Parking Space on a Weekday. For this site, that would generate 629 vehicle trips per day with 50% Entering, and 50% Exiting. Traffic would access N. University Avenue and N. Powerhouse Avenue (both being classified as an Urban Center Road) having enough capacity for the added vehicle trips. A response discussing the general compatibility of the proposed use with adjacent properties and other property in the neighborhood. To the north of the site is an electric substation controlled by Southwestern Electric Power Company. To the south of the property is what appears to be a maintenance building for the University of Arkansas. To the west is Evergreen Cemetery. To the east is the railroad and east of the railroad is mixed use building housing both residential uses and commercial uses. This site was where the Powerhouse Restaurant was located (now permanently closed). The proposed development will bring this site to current City Standards. The developer will be adding vegetation around and within the Site that does not currently exist helping to add shade and reduce heat-island affect. Sincerely, orge Du Quesne Blew & Associates, PA BLEW 21 PAGE Planning Commission April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Page 13 of 17 9461-LSL (S9L) a(acay.rsa�xcacr�v�v •awn 106L4 NI `auaSe3e7 cn�ava�o oay.uvr�io�ins oNa am 0001 oi710D-s Fyq [OZ sesue�ry'afinauafz� iS ueunnd � ag any,(�rssanmR'S 40I2-4juci sslpyi, xaNrv'1DS1a'IVi1JA'dDNOD * I ueid a;rg remdaavoD LON 79 22 � hex Zaono a3a t� $=e egaQ �=�C ��Ei `dn�O 9LL aie x"Pfl s` A 6H 'x b QJU INN a aN , April 8, 2024 Paqe 14 of 17 CUP-2024-0011 One Mile View Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area 155 N. POWERHOUSE AVE 0 0.13 0.25 0.5 Miles P-1 �fn to Z 1 1 Subject Property 1 1 Q 1 h RMF-40 MSI KING Jk BLVD Planning Area`- Fayetteville City Limits ---- RSF-4 NORTH i I ^— k=724%: UT iu 0 w J zoning = I-2 Ganarel Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI-iz Reside side .-. NS-L C-1 ResmanY&l erlcunurel c-2 RSF-.5 C-3 RSF-1 FORM BASED DISTRICTS RSF-2 � Downtown Gore RSF< Urban T.rug RSF') Maln Street Center RSFA Down— I--,RSF-15 Community Servi.a RESIDENTIALMULTI-FAMILY Neighborhood Sery RMF. Neighborhood Cone J. RM112 PLANNED ZONING DISTRICTS RMF-13 Commercial. Industrial. Residential RMF-sa INSTITUTIONAL RM P-1 INDUSTRIAL I-1 Heavy CommarclalaM Light lndusidal annlnn .nmmlcslnn April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Page 15 of 17 CUP-2024-0011 Close Up View P-1 DICKSON ST- P.M r- 155 N. POWERHOUSE AVE rDG I 1 1` =I� CENTE Neighborhood Link Institutional Master Plan Urban Center Unclassified Alley Residential Link Planning Area Fayetteville City Limits Shared -Use Paved Trail I Design Overlay District W a co W W z M DICKSON Subject Property _ Uak Ridge Trail ----- -- Feet 0 75 150 300 450 1.2,400 i WSPRING ITST= i W > � a 1= � N w i 3 i i i i i i TI o— MEADOW,ST� �1 0 I 1 1 1 1 1 Ak 1 1 ' N_ RMF-40 C-3 Main Street Center ■ Downtown General 600 P-1 April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Page 16 of 17 CUP-2024-0011 155 N. POWERHOUSE AVE Current Land Use NORTH lilt r co ` Q ► Mixed Use t �. DICKSON ST a ' DICKSON ST ' ! Irl OFF fE ....@ .r ._ .. � 2 k r / , Subject PropertyAll Mgt r LU s .V i t i+ PYfr Q t Y Evergreen Cemetery t Mixed Use .SPRING ST and University of Arkansas - i O ' O i s co r y Mixed ResidentialLU Z�a W �_ al _ 9 Q > I� f' � Ff-fE ...5� � 4V'.• Cz R1 Neighborhood Link FEMA Flood Hazard Data r_ Institutional Master Plan Urban CenterIk 100-Year Flootlplain Unclassified Alley Feet Floodway Residential Link Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits : 3'l+U00 _ _ I Design Overlay District annlnq ommisslon April 8, 2024 CUP-2024-0011 (TRINITAS VENTURES) Paqe 17 of 17 Compiled public comment CUP-2024-0011 From: Thomas Brown <tbrownii@icloud.com> Sent: Sunday, April 7, 2024 12:59 PM To: Garlock, Jimm <jimm.garlock@fayetteville-ar.gov>; Brink, Andrew <andrew.brink@fayetteville- ar.gov>; Payne, Brad <brad.payne@fayetteville-ar.gov>; Gulley, Fred <fred.gulley@fayetteville-ar.gov>; McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Madden, Mary <mary.madden @fayetteville- ar.gov>; Cabe, Matthew <matthew.cabe@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville- ar.gov>; Werner, Nick <nick.werner@fayetteville-ar.gov> Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: CUP-2024-0011 The Development of the Powerhouse Property as an Offsite Parking Lot CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commissioners, I took note of the referenced CUP case regarding the development of an Offsite Parking Lot on the Powerhouse property. As a resident of our Downtown Tier 1 Center and a supporter of the development of the Cultural Arts Corridor and Dickson Street Entertainment District, I feel compelled to voice my concern about the incompatibility of an expansive single use parking lot located along the border of the Cultural Arts Corridor. The Corridor having as one of its design objectives, the mixed -use (residential and commercial) development along its edges. I am especially concerned about the potential loss of several important opportunities that a creative mixed -use development on this historic Powerhouse property could mean for the City, including: • The opportunity to continue to demonstrate the power of the Cultural Arts Corridor to attract successful mixed -use development around its edges. (This was one of the Corridor Project's major investment objectives.) • The opportunity to explore the potential application of a parking incentive with the developer (Offering a parking variance for their adjacent Student Housing Project for their willingness to support the Historic Preservation of the Powerhouse Building and development of the balance of the property as a creative mixed -use Project.) and test the concept of eliminating Residential Parking Minimums in a Tier 1 Center. • The opportunity to restore and preserve the Powerhouse Building through its continued adaptive use as a commercial establishment. (Hopefullya restaurant which could become an historical culinary amenity for the Public Plaza Area of the Cultural Arts Corridor. • The opportunity to explore a partnership with the University as a potential occupant in the ground level portion of a vertically oriented mixed -use high density residential building complex.(This partnership could function as studio/instructional space that Compiled public comment CUP-2024-0011 strengthens the art's orientation of the Corridor and potentially present an opportunity to justify the application of a parking reduction incentives by the City through the implementation of a shared parking concept with the University.). The mixed -use building complex could be located along University Avenue and the southern boundary of the property. • The opportunity to develop a multimodal public plaza space between the Historic Powerhouse Building and an adjacent Mixed -use Building Complex that would be designed to integrate and connect Powerhouse Drive to Greg Avenue and Spring Street (Pedestrian only). • The opportunity to explore the application of the City's affordable housing objectives as a component of a mixed -use high density residential building complex Located along University Avenue and the southern boundary of the property. I believe the potential to support the successful realization of these opportunities deserves the involvement of the City to include efforts in active coordination and support through the application of incentives (parking, height, lot coverage, density, setbacks, fees, in kind construction equity, etc.). It is my hope that the Planning Commision and the City Management Team will play an active role in helping the Developer and Property Owner fully understand and explore the opportunities associated with the mixed -use development of the historic Powerhouse property. This action can become an important and meaningful effort to continue the implementation of the Cultural Arts Corridor Plan and test the concept of eliminating Residential Parking Minimums in a Tier 1 Center. Thomas Brown P. S. As a member of the Planning Commission that recommended the elimination of Commercial Parking Minimums, I feel it is important to let you know that during our discussions regarding the concepts, there was a general understanding that eliminating parking minimums was not eliminating all parking. It was making the decision, regarding the number of needed parking spaces, a business decision and responsibility of the developer. From: Masters, Jessica Sent: Wednesday, April 3, 2024 11:08 AM To: tltlott@gmail.com Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: RE: Tech Plat - CUP 2024-0011 115 N. Powerhouse Compiled public comment CUP-2024-0011 Tom, Thank you for the question, and thank you for the patience in my response. The reason why this item is being heard and considered by the Planning Commission is under 172.06(C). "(C)Off-Site Locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission." As far as pedestrian access, you are correct that pedestrians will likely use the existing sidewalk along N. University and connect to the site to W. Center. Further, there is also an existing pedestrian crossing on the railroad tracks that leads into the Powerhouse site and onto the Razorback Greenway. The applicant does not intend to make any changes to that existing path, and would likely connect to that for an additional pedestrian route. I've highlighted it below for reference. Staff will make sure your comment is included in staff's report on the item. If you have any additional comments, please let me know. We will be publishing our final reports on Thursday afternoon, ahead of the 4:30 PM agenda session. Further, any written comment forwarded along to staff after the published report will be forwarded to the Commission directly. Thank you, Jessie Jessie Masters, AICP Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.fayettevi lle-a r. gov Website I Facebook I Twitter I Instagram I YouTube Aft CITY of FAYETTEVILLE ARKANSAS Compiled public comment CUP-2024-0011 From: tltlottLc�gmail.com <tltlott@gmail.com> Sent: Monday, March 11, 2024 8:03 PM To: Masters, Jessica <*masters@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Tech Plat - CUP 2024-0011 115 N. Powerhouse CAUTICI, This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jessie — this will be discussed on Wednesday. I have a question/observation. To me, this proposed off -site parking lot is far better than previous proposals. But does it meet the City Code requirements? City Code 172.06(A) does not seem to apply since parking does not seem to be covered under City Code 161.27(B)(1). City Code 172.06(C) permits it. But City Code 172.06(B) which governs CUPs seems to apply only to nonresidential zones. All references in it are to residential zones. Or does City Code 161.27(B)(2) provide for the request as a Unit 2 use? In addition, the proposed parking lot has no connection to the property at 612 Center Street. No access would be permitted across the railroad tracks. The two properties do not touch each other. So, the only access to 115 N Powerhouse will be for users of the parking lot to use the sidewalks to and from N. University Avenue and 612 Center Street. That would be permitted. But the users may attempt to cross the railroad tracks onto adjacent property and then to 612 Center Street. Is that a valid consideration in reviewing a CUP by Tech Plat or the Planning Commission? Could a fence along the East and South sides of 115 N Powerhouse be required? Thanks. Tom Overbey T1TLOTT(@_gmail.com 479-871-2180 Received By: Jonathan Curth 05/06/24 4:44PM April29, 2024 Dear Council: As owners of the property that has housed the Powerhouse restaurant, my family wanted to provide some input regarding the appeal that will be presented to you on May 7, 2024 by Trinitas Ventures. Trinitas, with our approval, applied for a Conditional Use Permit (CUP-2024-0011) to use the Powerhouse property as a remote parking for residents of their Center Street housing project. We are asking that you grant the appeal and allow the conditional use. It is our understanding there are two primary issues of concern regarding the requested use. First, the plan includes demolition of the building that has long served as the Powerhouse restaurant. We appreciate and respect that many Fayetteville residents have fond memories of the Powerhouse. Our family feels the same way. When my family acquired the building more than 30 years ago, it was a rundown, 100-year-old warehouse in need of repair. We put a lot of time, effort, and energy into keeping it up and running. The decades that our family has tended to the Powerhouse and the fact that it has been a beloved part of the community means a great deal to us. However, the Powerhouse is now closed, and despite having marketed the property for roughly a year, no viable interest has resulted in a tenant willing to continue operating the property as a restaurant or for other commercial use. Additionally, the utility easements that crisscross throughout the property create further challenges in finding productive ways to utilize the property. The agreement we have with Trinitas is one that fits with our goals, and we would like to see it move forward. While we respect and appreciate that many Fayetteville residents share our disappointment in seeing the Powerhouse building removed, we hope you will also respect our right to determine the ongoing use of our property. Second, we have been informed that the length of our lease with Trinitas raises concern. The current lease, for use as surface parking, is in support of Trinitas' plan to add much needed housing in Fayetteville. Both parties to this lease expect, over the term of the lease, that Fayetteville's municipal code will likely change. We are willing, if use as a parking lot is no longer necessary, required, or desirable, to consider alternative development. We are not tied to a requirement that it must be surface parking for the term of the lease if both parties agree otherwise. The property is currently in use as a parking lot, though one that is not being controlled. We believe the improvements that Trinitas has planned will provide for aesthetic improvements, controlled parking, and the overall project will help address the critical need for housing in Fayetteville. We ask that you grant the appeal requested. Craig Underwood