Loading...
HomeMy WebLinkAbout2003-03-03 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday,February 24, 2003 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,Fayetteville,Arkansas. Roll Call The following items will be considered: Consent Agenda: Approval of minutes from the February 10,2003 meeting New Business: 1. LSD 03-6.00: Large Scale Development(Superior Industries, pp 682) was submitted by Jerry Kelso of Crafton, Tull &Associates on behalf of Superior Industries for property located at 1901 Borick Drive. The property is zoned I-2, General Industrial and contains approximately 43 acres with 544 parking spaces proposed and four additional buildings containing 81,184 sq.ft. 2. LSD 03-5.00:Large Scale Development (Shake's, pp 252) was submitted by Mel Milholland on behalf of Springdale-Market Place,LLC for property located at 2785-2835 N. College. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.66 acres with two buildings proposed (6000 sq.ft. & 1038 sq.ft.). 3. CUP 03-2.00: Conditional Use (Community of Christ Church, pp 292)was submitted by Dan Ferguson of Atlas Construction on behalf of Community of Christ Church located at 2715 N. Old Wire Road. The property is zoned R-1, Low Density Residential and contains approximately 3.10 acres. The request is for an addition to.a church in the R-1 zoning district(Use Unit 4). 4. RZN 03-6.00: Rezoning(Brophy,pp 291) was submitted by Bill Rudasill on behalf of Ralph Brophy for property located north of Township and east of 71B. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.74 acres. The request is to rezone to R-3,High Density Residential. 5. RZN 03-12.00: Rezoning (Broyles, pp 598)was submitted by Jerry Kelso of Crafton, Tull &Associates on behalf of Tom Broyles for property owned by Helen Adams and located at the northeast corner of 18'h Street and Futrall Drive. The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 17.65 acres. The request is to rezone to C-2,Thoroughfare Commercial. K:UGENDAW0200311-1a-03.DOC ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request-Applicant C. Public Comment D. Response by Applicant/Questions& Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the Planning Commission. Planning Commissioners: Lorel Aviles - Chairman Bob Estes - Vice Chairman Lee Ward- Secretary Nancy Allen Don Bunch Sharon Hoover Alice Church Loren Shackelford Alan Ostner LSD 03-06.00 Page 1 PC Meeting of February 24,2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Superior,LSD 113 W. MountainSt Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,CP&E Director,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E., Staff Engineer DATE: February 20,2003 Project: LSD 03-6.00: Large Scale Development(Superior Industries,pp 682)was submitted by Jerry Kelso of Crafton, Tull &Associates on behalf of Superior Industries for property located at 1901 Borick Drive. The property is zoned I-2, General Industrial and contains approximately 43 acres with 544 parking spaces proposed and four additional buildings containing 81,184 sq.ft. Findings: Proposal: The construction of 543 parking spaces, a 12,025 square foot maintenance building, a 3, 770 square foot maintenance building, a 56,985 square foot manufacturing building addition, and a 8,431 square foot manufacturing addition. The proposal is for a private drive located on City property for truck turnaround traffic. Existing Development: Seven hundred twenty-four thousand two hundred seventy(724,270) square foot industrial building with seven hundred twelve (712)existing parking spaces. Surrounding Zoning: North: I-2 South: County East: I-2 West: I-2 Surrounding Land Use: North: Hanna's Candle Factory South: undeveloped East: Gas company and 2 homes West: City property, Combs Park, White River Water: An existing eight(8)inch water line is available along Borick Drive. Sewer: An existing eight(8)inch sewer line is available along Borick Drive. Street Improvements Proposed: No public street improvements are required. The applicant will be allowed to build a private drive to access the property on city owned land with an access Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.1 _ LSD 03-06.00 Page 1 easement. Tree Preservation: Existing Canopy: 5,263 Square Feet Preserved Canopy: 5,263 Square Feet Recommendation: Approval Subject to Following Conditions Conditions of Approval:. 1. Construction may not begin until the access easement is obtained from the City and approval is granted from the Parks Board for the private drive on city property. 2. The sidewalk requirement is fora minimum six foot sidewalk with a minimum ten foot greenspace along Borick Drive and Black Oak Road. The applicant has requested the option to review the construction costs and contribute funds to the sidewalk fund dependent upon these costs. 3. The private drive and parking lots shall be constructed of asphalt or concrete. 4. A floodplain development permit is required for all development in the floodplain and must be obtained prior to any grading or improvements. 5. The facility shall comply with all Arkansas Department of Environmental Quality regulations and permits. 6. A certificate of zoning compliance shall be obtained for any new manufacturing activities. Standard Conditions of Approval: 7. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives -AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 8. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading,drainage, water, sewer,fire protection, streets (public and private), sidewalks, parking lot(s)and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 9. Large scale development shall be valid for one calendar year. 10. Prior to the issuance of a building permit the following is required: Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.2 LSD 03-06.00 - Page 3 a) Grading and drainage permits b) Separate easement plat for this project that shall include the tree preservation area. c) Project Disk with all final revisions d) Completion of all required improvements or the placement of a surety with the City(letter of credit, bond, escrow) as required by§158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed,not just guaranteed, prior to the issuance of a Certificate of Occupancy Background: The project was reviewed at the January 29, 2003 Technical Plat Review and the February 13, 2003 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included environmental complaints,noise complaints, floodplain, street improvements and the sidewalk requirements. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Additional information: Noise- Noise is monitored by the Fayetteville Police Department. Staff has requested a reading. However, we may only take a reading within the city limits. If Superior is found to violate any noise ordinance,they will be required to rectify any violations. Air Emissions- Emissions are permitted by the Arkansas Department of Environmental Quality. Superior is currently in compliance with the ADEQ Air Permit. They are in the process of amending the current permit to allow the proposed expansion. ADEQ investigates all complaints associated with air emissions. Liquid Emissions-All liquid emissions from the plant drain into the City of Fayetteville sanitary sewer.ADEQ has not received any overflow complaints in recent years. Floodplain-Floodplain exists on the northeast corner of the site. Vibrations-Neither the City or ADEQ have regulations in relation to seismic or sound wave vibrations. Notification- All property owners who share a common boundary with the project have been notified as well as one owner directly across Dead Horse Mountain and one across Borick Drive. Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.3 LSD 03-06.00 Page 4 PLANNING COMMISSION ACTION: ves Required Approved Denied Date: Comments: The"CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.4 nm `' T E u t 212 E r S T ? 23 555 D T T E V / L L E D U S T R / A L PRIVATE DR J B Hanna, L.L.C.4� V ` ¢ P.O. Box 3647 \ P A R K P Fayetteville, AR 72702 i \`' � E P L A T cr Q RE I � . 1 I q16 'I iA T55 i I 17 I I Nv `i i I zFIv3O II I I 9/1,59 . ..__...-..?..� O g r City of Fayetteville FArET�EVI LLE 21 a C/O Arkansas Western Gas Co. INDUSTRIA l_PA RX pj\RK u P. 0. Box 1266 - REF AT I j RF-PAT „a Fayatteville, AR 72702-1288 M ¢C n «s IAB 2 21 21 2fa 18' REPLp i I ! t Superior Industries I I � 1 I I ' Manolo Molina -- Charles Thrasher Combs _ Lucille Combs George 3357 Dead Horse Mountain Rd. 6516 E. Riverdale 2617 Stantoh - Fayetteville,AR 72701 Mesa,AZ 85215 Fayetteville, AR 72703 i ! I I , \O9 SW-SE I k z I Ik \ e en _m= City Limits 0 187.5 375 750 1,125 1,500 y==:m Buildings wE Feet planning Cmimission Februa 24, 2003PIanning Area S LSD 03- SgeriorStreets City of Fayetteville ;Tree Preservation Plan Review Form Project: Superior industries Developer: Superior Industries Location Address; 1901 Borick Drive Engineer: Crafton Tull and Associates This form shall stand as a: Olnitial Review/Letter of Confirmation ✓Recommendation to Planning Commission or City Council OFinal Administrative Determination* Submittal requirements met: ✓Initial Review OSite Analysis OAnalysis Report OTree Preservation Plan Comments: The site analysis drawing a brie analysis report and a tree preservation plan are all due for this deJelopment is required Prior to subdivision review. Canopy measurements: %Tree Canopy Required to be Preserved. Total Area of Existing Tree Canopy: Land Use "L Acres: %To be Pre@erved 15% Square Feet 5.263 sf %of Total Site Area: ???% Total Area of Site: Acres: 1.66 acres Existing Tree Canopy Preserved: Square Feet; 27 ,309.6sf Acres: Square Feet:5,263 sf %of Total Site Area???% Mitigation/Off Site Alternatives Requested: OYes ✓No 00n-Site Mitigation OOff-Site Preservation OOff--Site Forestation OTree Fund Tree Preservation;kriteria Met: ✓Yes ONo (See back for criteria list and comments) Applicant's Plan OApproved ODisapproved ✓Conditionally Approved Conditions of Approval: The site analysis drawing a briefanalysis report and a tree preservation plan are all due for this development is required prior to subdivision review. On the Tree Preservation Plan the site area included in the development is to be calculated to determine the percent ofca�'existing and preserved. Planning Commission Si Landscape Administrator, dat sbr r' �9' ert P Page 1.6 0 Criteria used by Landscape Administrator to evaluate Tree Preservation Plan: 1. The desirability of preserving a tree or group of trees by reason of age,location,size or species.. Comments The existiniz trees are located along the perimeter of the site and will be preserved 2. Whether the design incorporates the required Tree Preservation Priorities. Comments . All existing trees to be preserved. 3. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Comments Minor, 4. The impact of the reduction in tree cover on adjacent properties,the surrounding neighborhood and the property on which the tree or group of trees is located. Comments Minor, there are no current uses adiacent to the site that would be effected by tree removal— surroundingproperties are vacant. 5. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. Comments Trees are not to be impacted with current design 6. Whether the size or shape of the lot reduces the flexibility of the design. Comments No 7. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. Comments 8. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. Comments Since the existing trees are located along the perimeter ofthe development, none are to be affected. 9. The need to remove the tree or group of trees for the purpose of installing,repairing,replacing, or maintaining essential public utilities. Comments None 10. Whether roads and utilities are designed in relation to the existing topography,and routed,where possible, to avoid damage to existing canopy. Comments 11. Construction requirements for On-Site and Off-Site Alternatives. Comments N/A 12. The effects of proposed On-Site Mitigation or Off-'Site Alternatives. Comments1NA 13. The effect other chapters of the UDO, and departmental regulations have on the development design.No apparent effect. Comments 14. The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. Comments No impact 15. The impact a substantial modification or rejection of the application would have on the Applicant:Application recommended for approval. *An appeal may be filed against a Final Administrative Determination in accordance with Chapter 155 of the Unified Development Ordinance. City Landscape Administrator determinations/decisions may be appeale"X an r mmfon ed to the Planning Commission within 10 business days. Recommendations go straight to Planning Comnye�riron tQim al appeal is necessary for recommendations. LSD 03-6 Superior Page 1.7 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS - KIT WILuAMs,QTY ATfomEY _ DAVID WFIITAKER,ASST.CITY ATTORNEY _ LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: EnvironmentalConcerns Committee FROM: Kit Williams, City Attorney DATE: February,7,,2003 RE: Odor emitting facilities The City of Fayetteville has already instituted as much regulation of potential air pollution (smelly) emitters as we can under state law. When I was an Alderman, I requested the Planning Department to devise a way (by conditional use) to prevent the unfettered right of a rendering plant, paper mill, or other very unpleasant smelly facility from locating in an inappropriate location. We then passed a requirement that odor-emitting facilities would only be allowed by conditional use so that we could require odor reducing apparatus or actions by such facilities. Unfortunately, Bakery Feeds somehow got in under the wire and began operations. As you remember, the City had to pay substantial sums to get Bakery Feeds to leave town. When Hanna's candle making factory wished to expand in the industrial park, the Planning Department used our conditional use ordinance in an attempt to ensure that a new factory would comply with an air quality control permit to be issued by the Arkansas Department of Environmental Quality (ADEQ). Hanna's eventually Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.8 decided not to close its old factory to expand in its new warehouse location. When the legislature passed Air Pollution Control Act with the stated purpose of "controlling or abating air pollution ... and preventing new air pollution ...,"it gave us a mixed blessing. The State would try to regulate air pollution which is defined in the act as "air contaminants which unreasonably interfere with the enjoyment of life or use of property .... " A.C.A. §8-4-303 (5). I believe this means unpleasant odors are regulated by this act. The down side is that the legislature preempted this whole area of air pollution regulation and prevented cities from passing their own restrictions or regulations. "In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules or regulations in this field." A.C.A. §8-4-306 (copy enclosed) The City of Fayetteville has already instituted as much regulation (by conditional use and zoning) to control odor emitting facilities as permitted by law. I do not believe we have legal authority to pass Further regulation of odor emitting facilities. Instead, citizens need to file complaints with the Department of Environmental Quality or the Arkansas Pollution Control and Ecology Commission. Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.9 � spa S8 m� tQ ms � m .° 8 �: g gm m a am � oWB m�Ubi oa.°° If pwU� o i9 Q y •m'6 'tt roIg 4 E m Q �STjj a �® X GD A �.p�.q m0. m�'cAJ EGq� ej 0 �Qaa11 P p & ° >'m ma`•¢`:� 'd 8'g � � 3 0.^�t'� ��� as°•m� SVS � •J' m yO.f SE 04 Viz" 914 '� z'zm � m gg �.apwpp8a°�� 0 LP a � y"p ��y �$OA4 �ema]�3° 8. p spy"p : 3�I UA Fi 8 ���yaa0 $ MAE � aima Ilia' . a x, t. alb. a+�. O a ago: . gipm 91 a ����.A :a S HUI CPU J. y� m ; g spa 1 �" s� ma s ,8411 fT 50" � : ° -0F 1010+.x �p ' y z v, lJ'"ie 1 . v I .ai l—1_.'.a aAi'" � p .'9 M.g a'�S m.d� a •"'• p PlcfhA'tr7 int'' ion February 24, 2003 _ LSD 03-6 Superior - ------ — Paee 1 10 Sara Edwards Superior Industries Page 1 t k From: Sara Edwards To: ellisj@adeq.state.ar.us Date: 2/18103 11:02AM Subject: Superior Industries Jay: We at the City of Fayetteville.would like to get copies of all the complaints that have been received for Superior Industries since it's opening.We feel that this would help us to determine the proper action to take with regard to the proposed expansion for Superior. appreciate anyassistance. Also, I am working on getting contact information for adjacent complainants. Thank You Sara Edwards Associate Planner City of Fayetteville Planning Division 113 W. Mountain Fayetteville,AR 72701 (501) 575-8264 (501) 575-8316 fax sedwards@ci.fayetteville.ar.us Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.11 C Sara Edwards'- RE: Superior Industries Page 1 From: <ELLISJ@adeq.state.ar.us> To: <SEdwards@ci.fayetteville.ar.us> Date: 2/19/03 11:02AM Subject: RE: Superior Industries I have forwarded your request to our Little Rock office and am waiting for their specific instructions. Also, I have been unable to locate a complaint in my field file with the name Molina (although this name does seem familiar) - I have not cross referenced my field notes as of yet or checked the annual county complaint files. This is a time consuming process I will do after the inspection. Superior is a major stationary source (Title V) and they are subject to the NSPS subpart N - National Emission Standards for Chromium Emissions .... The Superior inspection is usually conducted over a 2-3 day period. Several days are needed to review the records and write the report. I did conduct surveillance this morning of the melt furnace operations. No offsite visible emissions were noted. There is a considerable amount of steam associated with this facility from heat treatment/curing ovens, drying/cleaning operations, and the chrome plant. Odors were easily noticeable this morning (from Hanna's candles and Superior). This is likely due to climatic conditions. Feel free to call me if you have any questions. Dong Szenher of our Little Rock Office is coordinating the acquiring of the complaints. Jay ----Original Message---- From: Sara Edwards[mailto:SEdwards@ci.fayetteville.ar.us] Sent: Tuesday, February 18, 2003 2:44 PM To: ellisj@adeq.state.ar.us Subject: Superior Industries Jay: The specific complaints are from: Martha Molina 3357 Dead Horse Mountain Road 479-582-0523 She owns property at 2951 Black Oak Road across from Superior. Thanks Planning Commission February 24, 2003 LSD 03-6 Superior Page L 12 Sara EdwardsSupenor Industnes Page 1 From: Sara Edwards To: ELLISJ@adeq.state.ar.us Date: 2/20/03 8:31 AM Subject: RE:Superior Industries Jay:. Can you elaborate on the type of odor from Superior. We met with them yesterday and they stated the manufacturing on site consists of only melting metal and cooling metal with steam. Could an odor.be coming from the melting process? Do you have any suggestions as to the source of the odor? Is it coming from an open door or something else that might be closed to stop the odor? >>> <ELLISJ@adeq.state.ar.us> 02/19/03 11:01AM >>> I have forwarded your request to our Little Rock office and am waiting for their specific instructions. Also, I have been unable to locate a complaint in my field file with the name Molina(although this name does seem familiar) -I have not cross referenced my field notes as of yet or checked the annual county complaint files. This is a time consuming process I will do after the inspection. Superior is a major stationary source (Title V) and they are subject to the NSPS subpart N - National Emission Standards for Chromium Emissions.... The Superior inspection is usually conducted over a 2-3 day period. Several days are needed to review the records and write the report. I did conduct surveillance this morning of the melt furnace operations. No offsite visible emissions were noted. There is a considerable amount of steam associated with this facility from heat treatment/curing ovens, drying/cleaning operations, and the chrome plant. Odors were easily noticeable this morning (from Hanna's candles and Superior). This is likely due to climatic conditions. Feel free to call me if you have any questions. Dong Szenher of our Little Rock Office is coordinating the acquiring of the complaints. Jay ---Original Message— From: Sara Edwards fmailto:SEdwards(dei.favetteville.ar.usl Sent: Tuesday, February 18, 2003 2:44 PM To: ellisi(@adea.state.ar.us Subject: Superior Industries Jay: The specific complaints are from: Martha Molina 3357 Dead Horse Mountain Road 479-582-0523 She owns property at 2951 Black Oak Road across from Superior. Thanks Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.13 cQ Crafton, Tull & Associates, Inc. %p 901 N.47th Street, Suite 200, Rogers,AR 72756 479.636.4838 Fax 479.631.6224 www.craftull.com February 17, 2003 Ms. Sara Edwards City of Fayetteville, Planning Department 113 W. Mountain Fayetteville, AR 72701 RE: Superior Industries CTA Job No. 021155-00 Dear Sara: This letter is submitted to you in response to issues that were raised at the February 13, 2003 meeting of the subdivision committee for the above referenced project. - Please find attached the current ADEQ permit for the facility. Currently, Superior is working with ADEQ, to permit their new equipment. They will submit the type of equipment including the use and output for review and approval. ADEQ will than revise the existing permit, which must be done prior to the installation of any new equipment. - Superior makes aluminum wheels. Future manufacturing activities with this expansion will be the same, but they intend to increase output at 15%. - Superior's liquid emissions are permitted with the City of Fayetteville under permit No. FAY09. Attached is the permit for your files. - Currently, there is landscaping along the frontage of Borick drive and some landscaping within the parking lot area. The following is our calculations of landscaping required: 1. 560 stalls to remain (560/1tree per 12 spaces = 47 trees) @10% 5 trees required 2. 3501f frontage on Black Oak and 5001f frontage on Borick Drive (850/1 tree per 301f = 28 trees) @ 10% 3 trees required. It is our intent to plant an additional 18 evergreen trees along Black Oak Drive to meet and exceed the additional requirement to provide some buffering to the adjoining neighbors. - Superior Industries has an ADEQ operating air permit. Superior meets the requirements of the permit and we fill that it does not qualify as an odor producing facility. Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.14 A r c h i t e c t s E n g i n e e r s & S u r v e y o r s We have attempted to address all the issues that were raised during the subdivision committee meeting. Please let me know if you have any other questions or issues that need to be resolved prior to Planning Commission. Very Truly Yours, Crafton, Tull &Associates, Inc. Jerry Kelso, P.E. Vice President Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.15 °° SUPERIOR INDUSTRIES Close Up View : 6 4.2 do A A.? tZ EPP u L �{ b SUBJECT PROPERTY I \ Overview Legend a Subject Property Boundary Master Street Plan LSD03-6.00 Planning Area ^ yFreeway/Fxpressway Streets Overlay District Principal Arterial �00000° I City Limits Minor Arterial Existing L_ ll0 Collector P anning Commission Planned :1 Outside City i. 00%. Historic Collector February 24, 2003 0 212.5 425 850 1,275 - 1,700 LSD 03-6 Superior Feet Page 1.16 A LSD03-Vi 00 One Mile Viewew SUPERIOR INDUSTRIES I e i :a F. - .I. 0 -_ i i yru�, _ �+EMMAUS q C11MP S�rA��RA r 1 �" . -OiW I 1 � ._._..._ t pp "awvAreoie SUBJECT PROPERTY L= ✓ 11 I I i .Iit771777 —t-:-. 1. ,res I t 1 Overview Legend Subject Property Boundary Master street Plan LSDO".00 �..r Planning Area PdWpl>Fxerial !:y 'P00016yPrlrldpal Arterial 0 o Overlay District Shoats 00000_o '- 0Mlnw Arbtlel edWng City Limits 0'%r Coll r 41G a•n�d Outside City •••• w.wdocoueom 1anningCommission g February 24, 2003 0 0.1 0.2 0.4 0.6 O.Miles LSD 03-6 Superior Page 1.17 Planning Commission February 24, 2003 LSD 03-6 Superior Page 1.18 LSD 03-03.00 . Page I PC Meeting of February24.2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Shakes,LSD 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,CP&E Director,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E., Staff Engineer DATE: February 20,2003 Project: LSD 03-5.00: Large Scale Development (Shake's,pp 252)was submitted by Mel Milholland on behalf of Springdale-Market Place, LLC for property located at 2785-2835 N. College. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.66 acres with two buildings proposed(6000 sq.ft. & 1038 sq.ft.). Findings: Proposal: The proposal is to construct a 6,000 square foot operations building and a 1028 square foot drive thru restaurant with a 1,120 square foot outdoor patio and two drive through lanes. Cross access is being provided to the south. Parking: Forty-one (41) standard parking spaces with Two (2)handicap spaces and Two(2) bicycle racks. Existing Development: There was an existing gas station on the south portion of this property. There is an existing fast food establishment(Shake's) on the north portion of the property. Surrounding Zoning: North: C-2 South: C-2 East: C-2 West: R-2 Surrounding Land Use: North: commercial shopping and office space South: car dealership East: College Avenue West: residential Water: An existing six (6)inch water line is available to the east along Hwy. 71B. Sewer: An existing six (6) inch sanitary sewer is available to the east along Hwy. 71B. Right-of-way being dedicated.• A Fifty-five (55) foot right of way is being dedicated along Hwy. 71 B. Planning Commission February 24, 2003 LSD 03-5 Shake's Page 2.1 LSD 03-05.00 Page 2 Street Improvements Proposed: None Tree Preservation: Existing Canopy: 7,666 Square Feet Preserved canopy: 7,666 Square Feet Recommendation: Approval Subject to the Following Conditions Conditions of Approval: 1. Planning Commission determination of the requested waiver for a 12 foot high retaining wall. The maximum allowed height of a retaining wall is ten feet The request is for a two foot waiver. Staff is in support of this request. 2. Planning Commission determination of compliance with Commercial Design Standards. §166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES. D. Design Elements Guidelines for Commercial Structures. 1. The elements to avoid or minimize include: a. Unpainted concrete precision block walls. b. Square, boxlike structures. c. Metal siding which dominates the main facade. d. Large blank, unarticulated wall surfaces. e. Large out of scale signs with flashy colors 3. Two variances shall be granted by the Board of Sign Appeals in order to approve the signs as proposed. The required variances include the request of more than 1 freestanding sign per lot and the allowance of a roof sign. Staff is in support of the requested variances. More than one freestanding signs: a. One monument sign will be located along College. b. One monument sign will be located in front of the operations center. C. Two freestanding signs are proposed as drive thru clearance signs located at the rear of the building. Roof sign: The applicant is proposing the sign on the front of building to project above the roof line,which is prohibited. Standard Conditions of Approval: 4. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives -AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 5. Staff approval of final detailed plans, specifications and calculations(where applicable) Planning Commission February 24, 2003 LSD 03-5 Shake's Page 2.2 LSD 03-05.00 Page 3 for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 6. Sidewalk construction in accordance with current standards to include a minimum six foot sidewalk with a minimum ten foot greenspace along College Avenue. 7. Large scale development shall be valid for one calendar year. 8. Prior to the issuance of a building permit the following is required: a) Grading and drainage permits b) Separate easement plat for this project that shall include the tree preservation area. c) Project Disk with all final revisions d) Completion of all required improvements or the placement of a surety with the City(letter of credit, bond, escrow) as required by§158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed,prior to the issuance of a Certificate of Occupancy e) Parks fees paid and/or deed recorded and copy received. Background: The project was reviewed at the January 29, 2003 Technical Plat Review and the February 13, 2003 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included sign variances,retaining wall height, and cross access. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: Planning Commission February 24, 2003 LSD 03-5 Shake's Page 2.3 LSD 03-05.00 Page 4 The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission February 24, 2003 LSD 03-5 Shake's Page 2.4 01 City of Fayetteville Tree Preservation Plan Review Form Project: Shakes Frozen Custard Developer: Springdale Market Place,LLC Location Address:2785—2835 N. College Engineer: Milholland Co. This form shall stand as a: OInitial Review/Letter of Confmmation 6/Recommendation to Planning Commission or City Council OFinal Administrative Determination* Submittal requirements met: Olnitial Review ✓Site Analysis OAnalysis Report ✓Tree Preservation Plan Comments:A brief analysis report is required prior to subdivision review. Canopy measurements: %Tree Canopy Required to be Preserved Total Area of Existing Tree Canopy: Land Use C-2 Acres: %To be Preserved 15% Square Feet 7,666 sf %of Total Site Area: 10.6% Total Area of Site: Acres: 1.66 acres Existing Tree Canopy Preserved: Square Feet: 72,309.6sf Acres: Square Feet:7.666 sf % of Total Site Area 10.6% Mitigation/Off Site Alternatives Requested: OYes ✓No OOn-Site Mitigation OOff-Site Preservation OOff--Site Forestation OTree Fund Tree Preservation Criteria Met: ✓Yes ONo (See back for criteria list and comments) Applicant's Plan: OApproved ODisapproved ✓Conditionally Approved Conditions of Approval: The construction ofthe retaining wall along the southwest portion of the site will affect canopy. Confirm that the wall can be built outside of the canopy or investigate the possibility o moving storage and the associated drive to the north side of the operations center where the slope is less sever and cangpv does not exist. i Planning Commission Signe . Landscape Administrator, datb3`� L - :are s Page 2.5 0 Criteria used by Landscape Administrator to evaluate Tree Preservation Plan: 1. The desirability of preserving a tree or group of trees by reason of age,location,size or species.. Comments The existing canopy lies within the slope to the west of the site and is in an un-maintained state with heavy underbrush. 2. Whether the design incorporates the required Tree Preservation Priorities. Comments The plan shows little to no impact on the existingcanoy. 3. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Comments Currently the canopy does keep the slope from eroding 4. The impact of the reduction in tree cover on adjacent properties,the surrounding neighborhood and the property on which the tree or group of trees is located. Comments This stand ofirees provides a buffer from adiacent homes to the west. Hwy 265. 5. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. Comments Canopy is not proposed to be affected.. 6. Whether the size or shape of the lot reduces the flexibility of the design. Comments No. 7. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. Comments The cants is un-maintained and covered in vines and invasive understory 8. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. Comments None proposed. 9. The need to remove the tree or group of trees for the purpose of installing,repairing,replacing, or maintaining essential public utilities. Comments None proposed 10. Whether roads and utilities are designed in relation to the existing topography,and routed,where possible,to avoid damage to existing canopy. Comments 11. Construction requirements for On-Site and Off-Site Alternatives. Comments N14 12. The effects of proposed On-Site Mitigation or Off-Site Alternatives. Comments N/A 13. The effect other chapters of the UDO, and departmental regulations have on the development design. Comments 14. The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. Comments 15. The impact a substantial modification or rejection of the application would have on the Applicant:implication recommended for approval. 'An appeal may be filed against a Final Administrative Determination in accordance with Chapter 155 of the Unified Development Ordinance. City Landscape Administrator determinations/decisions maybe appealed by any person aggrieved to the Planning Commission within 10 business days. Recommendations go straight to Planning Commission thus no formal appeal is necessary for recommendations. Planning Commission February 24, 2003 LSD 03-5 Shake's Page 2.6 LSo03-5.00 SHAKE 'S Close Up View / E 39 m ; � _a xz u m A 0 - __ MfMOSA ql EVERGREENLN1. - C i SUBJECT PROPERTY i i n w %.............. ro g ........... i F i R.o Overview _ Legend Subject Property Boundary Master Street Plan - -.�e LSD03-5.00 .°—`-,, Planning Area Freeway/Expressway ��.�.1 Streets ... Overlay District Principal Arterial Jl ��+ � � City Limits Minor Arterial }� ��, \_ Existing L— IO4o% Collector P anning Commission °. pPlanned utsideC m' 00 February 24, 2003 ee Historic Collector �' 0 75 ISO 300 450 600 LSD 03-5 Shake's Feet Page 2.7 5.00 LSD03-View One Mile View SHAKES :no77 oar o PRIVATE D4 °oe F it o° ._aaivaa .i,. 0 0 $ 000 I UIS�AfwRyi 6-0 o. t # %0--ooopOoo'a _.-. °OOoa eop ° '�o a >,. nANCrIpsT D ' I. 600", a .xs�'. bGViEW.ST -SfStt St ,Q6WEW 5 P±-I. :...._°o°00000�o aARoc o foo°° 1 -- - -.. RfStC -�csFa: HARoup sa flAR '`� ' 000 sr.DiMFCtPpK AR ''r Kp ..BRIARVLIFF ST.eR "SFA r tt�tt. ,�'1Ff11 `-'A• RqF � .�-°lr-ar t ._. 'a^ u mnCUPF ST ::t a RIEAND scsdnTLANusr 00 1 j Is .. CCEICM Sf r Efa ?jl'rvAT D Tlf�G60R l a NST } I' , _� 7 '3!: s''r. ��,� ;�rvit^uns�` 1 LIJ SUBJECT PROPERTY la ,v rerMosa cry n oMr,sT q` e: t �`-h l dear m -.J AANag .R 15EM c It _-R7, .t i t SiA OR, #a, HE :AsP = ssr w, aEYrvotos ,s._SunaRlaoE OR- LI R„ I� o w w nA�xauTM P42ASE Ave. \ E A t r C 4 i 1 �:...i l� 4uLe:ia'�' a� �tGu �C�rvSHi:S+YRWis t T T,(�4Yry$ R(T .. Wlf xy: >KERR>"M1ia aRENT lx < N. I U �~ z Ee�tsr� Iga . oRr,res i---- tilil7ir`tWI}f41!{'+iftY . RN&�2pR T 8 3'- j J�N y Overview Legend ` ---- Boundary Master Street Plan Subject Property .» �Freeway/Expressway Planning Area LSD03'5.00 Princlpl Me rial� oMinor Medal o°oOverlay District Streets 14[ L _I City Limits Existing collecbr Planned JOutside City d1. Historic Coiledor -- tanning Commission — February 24, 2003 0 0.1 0.2 0.4 0.6 0. LSD 03-5 Shake's Iles Page 2.8 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, AICP, Senior Planner THRU: Tim Conklin,AICP, City Planner DATE: February 24, 2003 CUP 03-2.00: Conditional Use (Community of Christ Church,pp 292)was submitted by Dan Ferguson of Atlas Construction on behalf of Community of Christ Church located at 2715 N. Old Wire Road. The property is zoned R-1, Low Density Residential and contains approximately 3.10 acres. The request is for an addition to a church in the R-1 zoning district (Use Unit 4). RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. Planning Commission determination of the compatibility of the proposed addition (materials, articulation, general appearance)with the existing neighborhood. Project shall be constructed in accordance with site plan, landscape plan and building elevations as approved or modified by the Planning Commission. 2. Development activities shall comply with UDO Chapter 170 Stormwater Management, Drainage and Erosion Control with regard to permitting and detention requirements for the proposed addition. 3. Improvement of the parking lot to include: • Stripe of existing parking spaces ■ Relocate wheel stops to prevent vehicles from encroaching landscaped areas around the parking lot ■ Create necessary ADA spaces as shown on site plan (1 van accessible ADA space is required) ■ Remove pavement necessary to create one landscaped island with a tree as required per §172.01 (proposed island currently only shows installation of shrubs, this shall be modified to provide for one interior tree) 4. Payment of$4,500.00 in lieu of installation of a sidewalk along Old Wire Road adjacent to the subject property per§171.12(B)(5)—see attached. K:IReporu120031PCREPOR7S102-24�-up 03-2_mmmunityofchrisi church.doc Planning Commission February 24, 2003 CUP 03-2 Community of Christ Church Page 3.1 5. Installation of a 6' tall wood board privacy fence along the south property line adjacent to the parking area to provide a screen for the residential neighbor to the south. 6. Trash pick shall meet the criteria of the Solid Waste Division. 7. All utility equipment(new and existing) shall be screened from the public view. The applicant proposes to use wooden, lattice-type enclosures to screen condenser units on the west(rear) side of the proposed addition. 8. No new signs shall be added to the site for the proposed addition. 9. Any outdoor lighting shall be shielded and directed downward and away from adjacent residential properties. 10. Tree protection shall be installed as required to save all existing on-site trees as shown on the landscape plan submitted. 11.Proposed landscaping along the street frontage shall comply with setbacks necessary to accommodate the adopted Master Street Plan in accordance with §166.19. 12. Future additions or changes to the current proposal will require a new conditional use permit and Planning Commission approval. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: February 24,2003 Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property description: The subject property is located on the west side of Old Wire Road,north K.Weports120031PCREP0R7S102-24Lup 03-2_mmmunity ofchrist church.doc - Planning Commission February 24, 2003 CUP 03-2 Community of Christ Church Page 3.2