HomeMy WebLinkAbout2004-09-13 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISION
Monday,September 13,2004,5:30 p.m.
Room 219,City Administration Building
The following items will be considered:
Approval of Minutes from the 08/27/2004 meeting.
Items tabled by the applicant after publication:
1. C-PZD 04-1175: Planned Zoning District(RIVENDELL,522): Submitted by DENELE CAMPBELL for property located at
THE NE CORNER OF CENTER STREET AND S.GREGG AVENUE. The property is zoned I-1,HEAVY
- COMMERCIAL/LIGHT INDUST and contains approximately 0.67 acres. The request is to approve a C-PZD,Commercial Planned
Zoning District with 4,675 s.£commercial/retail area, 13 dwelling units and 26 parking spaces proposed. Planner: JEREMY PATE
TABLED
2. RZN 04-1164:Rezoning(CLEVENGER DR.DUPLEXES,436,437): Submitted by MELISSA CURIEL for property located at
CLEVENGER DRIVE,S OF WEDINGTON DRIVE AND EAST OF 54TH. The property is zoned R-A,RESIDENTIAL-
AGRICULTURAL and contains approximately 4.93 acres. The request is to rezone the subject property from R-A,Residential
Agricultural,to RT-12,Residential Two and Three-family. -
Property Owner: JUAN&LEANDRA CURIEL Planner: JEREMY PATE TABLED
3. RZN 04-1173: Rezoning(RAPIDO RABBIT CAR WASH,557): Submitted by MARK RICKERT for property located at 3250
W 6TH STREET. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 1.68 acres. The request is to
rezone the subject property from R-O,Residential Office to C-2,Thoroughfare Commercial.
Property Owner: TRIPLE F PROPERTIES Submitted on behalf of. CHARLES THOMAS Planner: SUZANNE MORGAN WITHDRAWN
4. ADM 04-1200:Administrative Item(ANNEXATION TASK FORCE)
Consent Agenda:
5. ADM 04-1201:Administrative Item(SPAINE/225 N EAST AVENUE)was submitted by Dwight Callaway and Bret Park for
property located at 225 N East Avenue. The property is zoned R-O,Residential Office. The request is to approve the use of five on-
street parking spaces to serve intermittent parking demands of the subject property as provided in§172.06(D)of the Unified
Development Code. Planner:JEREMY PATE
6. ADM 04-1202:Administrative,Item(COMBS STREET CHURCH OF CHRIST)was submitted by Steve Clark for property
located at 209 E. 7t Street. The property is zoned RMF-24,Residential Multi-family,24 units per acre. The request is to extend the
approval of the Large Scale Development,LSD 01-39.10. Planner: SUZANNE MORGAN
New Business:
7. ADM 04-1229:Administrative Item(RYAN'S/FIRE MOUNTAIN)was submitted by RYAN'S CORPORATION for property located
at 3825 N SHILOH DRIVE. The property is zoned C-2,THOROUGHFARE COMMERCIAL. The request is to replace the existing
3 wall signs and low profile pylon sign with 2 redesigned wall signs and a monument sign.
Submitted on behalf of: KNIGHT SIGN Planner: SUZANNE MORGAN
S. LSP 04-1171: Lot Split(QUALITY LIFE ASSOCIATES,INC.,289): Submitted by QUALITY LIFE ASSOCIATES,INC.for
property located at 2623 N GREGG AVENUE. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains
approximately 6.43 acres.,The request is to split the subject property into two tracts of 5.43 and 1.00 acres respectively.
Planner: SUZANNE MORGAN
9. CUP 04-1177: Conditional Use(QUALITY LIFE ASSOCIATES,289): Submitted by LYNNE ALEXANDER for property
located at 2623 N GREGG AVENUE. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains
approximately 6.43 acres. The request is to approve a Use Unit 4 for an assisted living facility in a RMF-24 zoning district.
Planner: SUZANNE MORGAN
10. RZN 04-1167: Rezoning(MCBRYDE,478): Submitted by RAYMOND SMITH for property located at THE END OF RUPPLE
ROAD, S OF PERSIMMON. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and contains approximately 5.02 acres.
The request is to rezone the subject property from R-A,Residential Agricultural,to RSF-2,Residential Single-family,2 units per acre.
Property Owner: C BRYAN MCBRYDE Planner: SUZANNE MORGAN
11. RZN 04-1166:Rezoning(SLOAN PROPERTIES,477): Submitted by RAYMOND SMITH for property located at EAST OF
BROYLES AVENUE AND SOUTH OF PERSIMMON STREET. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL
and contains approximately 22.94 acres. The request is to rezone the subject property from R-A,Residential Agricultural,to RSF-2,
Residential Single-family,2 units per acre.
Property Owner: CHAS SLOAN Planner: SUZANNE MORGAN
12. CUP 04-1199: Conditional Use(SKATE STATION,639/640): Submitted by STEVE CLARK for property located at 2283 S
SCHOOL AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 2.46 acres. The
request is for warehouse use in a C-2 district(Use Unit 21).
Property Owner: NEAL CRAWFORD Planner: JEREMY PATE
13. LSD 04-1198:Large Scale Development(SKATE STATION,639/640)was submitted by STEVE CLARK for property located
at 2283 S SCHOOL AVENUE. The property is zoned C-2,Thoroughfare Commercial and contains approximately 2.46 acres with a
.16,625 s.f indoor skateboard park and a 5,000 s.f.warehouse proposed.
Property Owner: NEAL CRAWFORD Planner:JEREMY PATE
14. CUP 04-1163: Conditional Use(CREEKSIDE PLAZA MINI STORAGE,566): Submitted by GRANVILLE HARPER for
property located at NE CORNER OF HWY 16E AND HWY 265 (HUNTSVILLE&CROSSOVER). The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 2.72 acres. The request is to approve the development of a mini-
storage facility on the subject property. Planner: JEREMY PATE
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas.
All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. -
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions&Answer with Commission
F. Action of Planning Commission(Discussion& 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.
2004 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Loren Shackelford
Sean Trumbo
Christian Vaught
PC Meeting of September 13' 2004
1� " r
ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission '
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick,A.I.C.P., Zoning &Development Administrator
DATE: September 08, 2004 ZV
C-PZD 04-1175: Planned Zoning District (RIVENI&L, 522) ubmttted by,DENELE
CAMPBELL for property located at THE NE CORNER 0&EftER STREET'"'ND S.
GREGG AVENUE. The property is zoned I,3, HEAVY COIAL/10GHT INDUST and
f==
contains approximately 0.67 acres. The request is to approve a C PZD, Commercial Planned
Zoning District with 4,675 s.£ commerclal/rMiI-area, 13 dwellinguwf§'and 26 parking spaces
proposed. _ Manner: JEREMY PATE
All materials necessary for the?Plannin Commisstap;to hear this item have not yet been
submitted, therefore the rtem stay not pxoceesl an the pulilic review process.
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05,0
dm3
ate'
September 13,2004
Planning Commission
C-PZD 04-1175(Rivendell)
Page 1.1
5 ;
PC Meeting of September 13,2004
a _
ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner zr
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning& Development AdRAistrator
DATE: September 08, 2004
RZN 04-1164: Rezoning (CLEVENGER DR. DUPLEX-ES,436kM7) Subm tegfby
MELISSA CURIEL for property located at CLEVENGERt2I-E, SbF WEDINGTON DRIVE
AND EAST OF 54TH. The property is zoned R-A, RESID -AG _CULTURAL and
contains approximately 4.93 acres. The regtiest is to rezone the sub3ect p,t operty from R-A,
F
Residential Agricultural, to RT-12, Reside wo and Three--f
Property Owner: JUAN &LEANDRA CG3l2IEL Planner: JEREMY PATE
jwl
The applicant is working to correct thc'I al descriMpit submitted for this rezoning
request. Based upon these t irrantstances,,_Xte item has.li'een tabled by the applicant to
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resolve any outstanding issues. _ ', _
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THP -
September 13,2004
Planning Commission
RZN 04-1164(Clevenger)
Page 2.1
FA ETTE V 1LLE PC Meeting of September 13, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE r
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn Warrick, AICP,Zoning&Development Administrator94" N-
DATE: September 8, 2004 1 �""
F
RZN 04-1173: Rezoning(RAPIDO RABBIT CAR WASH, 557) >��q by MARK
RICKERT for property located at 3250 W 6TH STREET. The:piog�rty iso zo` R-O,
RESIDENTIAL OFFICE and contains approximately 1.68 acres. Tfizst is to rezone the
subject property from R-O, Residential Office to C-2, Thoroughfare Co�reial.
h 'Yz
Property Owner: TRIPLE F PROPERTIES Submitted on befia#f of: CHARLES THOMAS
Planner: SUZANNE MORGAN =rte
Staff has met with the applicant regard thisregires on consideration of the issues
regarding this proposal, the applicant-liar a uess this item be withdrawn.
sa M
N
September 13,2004
Planning Commission
RZN 04-1173(Rapido Rabbit)
Page 3.1
Suzanne Mor an-Plannin Commision Mt . format. 13th Page 1,
From: "Charles Thomas"<cthomas@acscarwash.com>
To: <smorgan@ci.fayetteville.acus>
Date: 9/8/04 2:11 PM
Subject: Planning Commision Mtg. for Sept. 13th
Ms. Morgan,
As per our phone conversation to day I am sending this notice of
cancellation for the rezoning of the property on 6th St. in
Fayetteville. The file number is RZN 04-173. Thank you,for your help
in this matter.
Sincerely,
Charles Thomas
Arkansas Carwash Systems
#1 Riverfront Pl. , Ste. 615
North Little Rock,AR 72114
Phone(501) 378-0100
Cell Phone (501) 529-4372
FAX(501) 378-0102
- E-mail cthomas@arkansascarwash.com
September 13,2004
Planning Commission
RZN 04-1173(Rapido Rabbit)
Page 3.2
a
1 �� �, evITI
PC Meeting of September 13, 2004
s�
1w r 1
ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior PlannerP,2`ter _
Matt Casey, Staff Engineer = =-
THRU: Dawn Warrick, A.I.C.P., Zoning& Developttrgnt Administrator
DATE: September 08, 2004 �MHI
;-
ADM 04-1200: Administrative Item (ANNEXATION T3QSK FCE) Reetilttendation to
City Council from the Annexation Task Force.
Staff requests this item be tabled to alloa Elor more time in which to gather background
materials.
.
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ASNE
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1,4
September 13,2004
Planning Commission
ADM 04-1200(ANX Task Force)
Page 4.1
PC Meeting of September 13, 2004
ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Dawn Warrick, AICP, Zoning&Development Administrator
DATE: September 8, 2004
ADM 04-1201: Administrative Item(Spaine)was submitted by Dwight Callaway on behalf of
Dr. Bill Spaine for property located at 225 N. East Avenue. The property is zoned R-O,
Residential Office. The request is to approve the use of five on-street parking spaces to serve
intermittent parking demands of the subject property as provided in §172.06(D) of the Unified
Development Code.
RECOMMENDATION:
Staff recommends approval of this administrative request based on the findings included as
part of this report.
FINDINGS:
Property description: The subject property is located at 225 N. East Ave. The site is just south of
Dickson Street and one block west of College Ave. The structure on this property was once
residential but has been converted for use as a professional office.There are approximately 1,893
s.f. located on the main floor of the building. A basement provides a small storage area and space
for utility equipment. There is a narrow driveway along the north property line which accesses
two on-site parking spaces at the rear of the building. Adjacent property contains a parking lot(to
the north), St. Paul's Episcopal Church to the east (across East Ave.), a similar professional
office to the south and on office building to the west. This is an eclectic block in the downtown
area with a variety of different uses and building types.
Proposal: The applicant proposes to renovate and build an addition onto the existing structure.
The addition will not encroach required setbacks further than the existing structure, in fact, the
footprint will remain the same. By modifying the roof of the building, additional usable space
will be provided in the attic area. The proposed 1,050 s.f. addition will increase the usable area
within the building by approximately 55%. On Tuesday,September 7, 2004, the Board of
Adjustment granted a front setback variance to approve a reduced front setback for the existing
structure(as well as the proposed addition).
With the proposed expansion of this structure, additional parking is required. At a ratio of 1
space per 300 s.f of professional office space the range of required spaces is 7 to 13 (2,943 s.f. /
300=9.81 or 10 required spaces+/-30%). With two spaces provided on-site, five additional
spaces are necessary to comply with current parking ordinances.
K:IReports120041PCReportsW 13-041adm04-1201_spaine.doc September 13,2004
Planning Commission
ADM 04-1201 (Spaine)
Page 5.1
In the Unified Development Code, Chapter 172 Parking, appropriate parking lot locations are
determined under§172.06(see attached).An applicant may provide parking on-site, in an
alternate location by conditional use, or they may seek approval from the Planning Commission
to count available on-street parking within 600 feet towards the required parking for a use (such
as a church) which generates only an intermittent demand for parking.
Request.: The request is for Planning Commission to allow existing available on-street parking on
East Ave.to serve intermittent parking demands of the subject property as provided in
§172.06(D).
Recommendation: With a small professional counseling practice in this location, the applicant
has control over the frequency of scheduled appointments as well as where employees may park
in proximity to the site. This use will generate an intermittent or occasional parking demand
which can be accommodated by existing available on-street parking on East Avenue. The church
immediately across the street from the subject property is generally occupied at times that do not
coincide with standard weekday business hours. Also, the SBC office building located across the
street and south of this site does not house a significant number of employees. According to a
2002 Planning Commission report(LSD request for above ground fuel tank for generator), this
SBC facility is being gradually filled with telephone equipment and the occupants (72 in July
2002) would be relocated within four to five years to other facilities. That structure does have a
private parking lot to the east with space for 19 vehicles.
The applicant has provided a photo survey of the typical parking activity on,this section of East
Ave. on a work day. This information confirms that there should be available existing on-street
parking to serve this expanded office use.
To further ameliorate this condition, there is available municipal parking available in the
Downtown Parking District#1 lot located at the comer of Spring Street and East Ave. This lot is
approximately 430 linear feet directly south of the subject property.
This recommendation to utilize available on-street parking as well as to recognize a reduction in
required spaces is consistent with the directives provided in the final draft of the Downtown
Master Plan. Excerpts from the parking section of the proposed code amendment are attached.
SURROUNDING LAND USE AND ZONING
Land Use Zoning
North Parking lot C-3, Central Commercial
South Professional Office R-O, Residential Office
East Church R-O, Residential Office
West Office C-3, Central Commercial
GENERAL PLAN DESIGNATION Historic Commercial
K:IReports120041PC ReporuSeptember 13,2004
spafne.doc Planning Commission
ADM 04-1201 (Spain)
Page 5.2
Applicable section of UDC:
172.06 Parking Lot Location Standards
The location of all required and non-required 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 fording 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.
Cross references)—Uses Conditions,Ch.163.
(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.
(D) Intermittent parking. Uses which generate only intermittent demand for parking,such as churches,may count
available on street parking within 600 feet of the building as part of required parking subject to the approval of the
Planning Commission.
September 13,
K-IReports12004WCReportt109-13-041adm04-1201 spaine.doc 2004
Planning Commission
ADM 04-1201 (Spaine)
Page 5.3
TITLE XV UNIFIED DEVELOPMENT CODE
(2)Downtown Parking. -
�—All —►
(a)Parking and Loading"All parking related design f
and access details within the Downtown District >k?
shall be compliant with Section 172, Parking and - m
Loading,with the following exceptions: = N
(1)Drive way throat lengths, 172"04(E)(1),do property
. not aPP1Y- Une -*- -- -.--.- .._..-..,.'
sidewalk or Swale
.(2)One-way entrances to parking lots, Curt-0
172.04(E)(2)(axi),shall be ten(10)feet to Fuge srm<o--►
twelve(12)feet in width. CurYr► -
property sidewalkorswale '
(3)Two-way entrances,172.04(E)(2)(axir), Une is -- - -- ..--.- ....
-
shall be twenty(20)feet to twenty-four(24)feet _ x
in width. p ;R t
s
(4)Drive aisles for circulation, 172.04(E)(2)(b), o
that have no parking on either side may be ten N
(10)feet in width for one-way,or twenty(20) __ _ °rfrxij' 1 -
feet in width for two-way. -No Alley=►�� i
:(5)All waivers referenced to C3 and C-4 in (1) Buildings that have both rear and side
Section 172.05(A)shall apply to the entire access shall access parking through the rear
Downtown District. (see diagram above).
(6)Gn-street parking spaces directly adjacent to (2) Driveways from the front of a lot to rear
a property may count toward a property's off- parking areas are permitted only where rear
street required number of spaces(Section or side street access is unavailable (see
.� 172.05). when an on-street space fronts two diagram above).
_ separate properties,that property with the
largest portion of the space enfrontingshall -
claim the space. t— All �=�-► ,
(7)Exceeding the required amount of parking - - ��-�- -� � -
spaces(Section 172.05(8))is strongly U I I I I I I I I I LJ y
discouraged within the Downtown District
�L
(8)Transect zones and the Cultural and
- Entertainment Overlay District are not Froporsy -
equivalent to zoning districts as mentioned in tine -►
�. Section 172.06,Parking Lot Location eidewalk or Swale -
Standards. The Downtown District is the Cur
zoning district
_ .(9)The width of landscaped areas parallel to sidewalk or Swale
property lines adjaning street rights-of-way in Le dmfb-
Section 172.07(D)(2)shall be equal to the -=- t-
build-to line distance or minimum setback " ?3 - s I t
distance specified within each transect zone. If TPT�'H'("(FITM�-J
a transect zone specifies a build-to zone,then
the width of the landscaped area shall be equal ! N
to Hie maximum build-to location or actual
build-to location of the principal structure, :No Alley►
whichever is the shortest distance of the two. -
(3) Access through, parking lots across
(b) Driveway and Access.to Packing Locationsproperty lines is encouraged,especially when
The following items apply to properties within the there is no alley(see diagram above).
Downtown District
September 13,2004
_ - -- CD16126.23 - Planning Commission
- - DRAFT April 30,2004 ADM 04-1201 (Spaine)
Page 5.4
TITLE XV UNIFIED DEVELOPMENT CODE
(4) Circular drives shall be approved on a circumstances by constructing
case by case basis by the Board of Architects inplusionary units off-site, or by
dedicating land to the City,a non-profit
'(5) Garage door(s) shall be positioned no - CDC,or a housing authority,suitable to
closer to the street than twenty (20) feet constructing the required number of
behind the principal plan of the building front- inclusionary units.
Where space permits, garage doors shall - Credits for additional units that may be
face the side or the rear,not the front applied to future projects
• Requirements for an Inclusionary
Housing Agreement,, that has to be
submitted with any development or
building applications.
• Provisions for insuring permanent
affordability, or perpetual affordability
d regarding resale of developed
inclusionary units.
Regarding Quality:
.(c) Cultural and Entertainment Overlay District Inclusionary units may be smaller in area thanmarket rate, but the unit mix shall be
Parking Exception. proportional to the market rate mix.
- (1) There shall be no minimum parking Regarding Timing: -
requirements for properties within the Cultural Inetusionary units shall be constructed at the
and Entertainment Overlay District. same time as market rate units.
(2) The Planning Commission shall review Regarding Incentives:
. this policy of no minimum parking Inclusionary Housing Standards should provide -
requirement for the Cultural and incentives for developers that may include:
Entertainment Overlay District periodically, Height or density increases for the
but no sooner than every two years, number of inclusionary units beyond
the requirements.
{G)Inclusionary Housing Standards_Fro be completed Reductions in unit sizes, minimum tot
by the City]This section should be coordinated with a sizes,and interior finish materials.
general housing policy and strategy for the City that
may include public financing and subsidy,and perhaps
limits to tax increases to insure affordability..
Regulations may include:
t # of units in a proposed development
that trigger the use of these standards_ - -
• Percentage of required inclusionary
units from the total number of units
provided. -
-this could be a fixed amount such as
_ - 10%foreveryone, or
-differing amounts depending on the
targeted income level (such as
moderate, low, very low —as defined
by federal or state policies) _
In-lieu fees, this will be a schedule of
- fees offering developers the opportunity
to pay a sum of money instead of
providing the Inclusionary units. The - -
- in-lieu of fee may be .applied to the
- entire requirement, or toward some
percentage of required units, to be
determined by the City. The schedule
of fees may need to be updated from
time to time. -
• A provision that allows an alternative to' -
these regulations under special
September 13,2004
CD16126.24 - Planning Commission
DRAFT Apri130,2004 ADM 04-1201 (Spaine)
Page 5.5
Dwight T.Callaway
835 Fritz Drive
Fayetteville, AR 72701
31 August 2004
City of Fayetteville
Planning Commission
113 West Mountain Street
Fayetteville,AR 72701
Dear Commissioners,
On behalf of Dr.Bill Spaine,owner of the property at 225 N.East Avenue, we
request a partial waiver of the requirements for parking spaces that are required
as a result of his building expansion. Planning staff has requested that we present
this letter describing the nature of Dr.Spaine's business and the use of his building
along with a brief written description of the project.
This project is most briefly described as an interior remodel of the existing space
plus the addition of an executive office suite accommodated within an expanded
attic. Improvements to the existing building include upgraded and accessible
bathrooms and improved interior layout.
This building will be used for counselling offices. There are currently two parking
spaces on the property. The largest number of full-time or part-time staff for this
building will be four individuals. The demand for additional spaces for this
building will be patient parking. The nature of the business necessitates
accommodation for short term parking for patients. The duration of the typical
session with a patient is one hour.
We would like for you to consider the three metered spaces directly in front of this
building. Also,we're aware that only on rare occasions are the other metered
spaces on East Avenue filled to capacity. We've taken some photographs of the
property during various times over a few days to illustrate this. In addition to
street parking,we are less than 600 feet from the municipal parking lot that is
bordered on the north by Spring Street,between Block and East.
Sincerely,
Dwight T.Callaway
September 13,2004
Planning Commission
ADM 04-1201(Spaine)
Page 5.6
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EAST ELEVATION
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225 -
PiZOP05ED
EAST ELEVATION
NTS
September 13,2004
Planning Commission
ADM 04-1201(Spaine)
Page 5.7
EXISTING
SOUTH ELEVATION
HTS
PROPOSED
SOUTH ELEVATION
"Ts September 13,2004
Planning Commission
ADM 04-1201 (Spaine)
Page 5.8
zL
EXISTING
NORTH ELEVATION
HTS
PROPOSED
NORTH ELEVATION
HTS September 13,2004
Planning Commission
ADM 04-1201 (Spaine)
Page 5.9
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OFFICE BUILDING FOR BILL SPA104-120 Page 5.11
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0 0.1 0.2 0.4 0.6 0.8 ADM 04-1201 (Spaine)
Miles Page 5.13
FAYETTEVILLE PC Meeting of September 13, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Dawn T. Warrick, AICP, Zoning& Development Administrator
DATE: September 9, 2004
SUBJECT: ADM 04-1202: Administrative Item (COMBS STREET CHURCH OF
th
CHRIST)was submitted by Steve Clark for property located at 209 E. 7 Street.
The property is zoned RMF-24, Residential Multi-family, 24 units per acre. The
request is to extend the approval of the Large Scale Development, LSD 01-39.10.
RECOMMENDATION
Planning Staff recommends approval of the requested extension to the large scale development
approval. The applicant shall be allowed until October 27, 2005 to receive all required building
permts.
BACKGROUND
Project Description: The applicant applied for large scale development approval to construct a
4,700 sq. ft. addition to an existing 2,100 sq. ft. church. The subject 1.49-acre tract is delinated
by Willow Ave. to the east, Washington Ave. to the west, and Fourth Street to the north. The
Planning Commission approved Large Scale Development 01-39.10 by a vote of 7-0-0 on
October 27, 2003. The Unified Development Code states that a large scale development shall be
valid for one year. It is within this time that the applicant shall receive all permits and approvals
as required by City, State, and Federal regulations to start construction of the development or
project. Prior to the one year expiration,the applicant may request the Plannnig Commission to
extend the period to receive said permits an additional one year. The UDC allows a three year
period from the date of issuance of a building permit to the receipt of a final Certificate of
Occupancy.
Proposal: The applicant requests to extend approval of the large scale development one year, to
expire on October 27, 2005.
DISCUSSION
The Unified Development Code gives the Planning Commission authority to extend approval of
a large scale development one additional year if the applicant requests the extention prior to the
one year time limit and shows good cause why the tasks could not reasonably be completed
within the normal one year. The applicant's representative states in the attached letter that
difficulty in raising funds for the addition has delayed construction.
September 13,2004
K:IReporal2004lPCReporis109-13-041ADM04-1202(Combs.St.Church of Christ)LSD Approval Extension.doe Planning Commission
ADM 04-1202(Combs St.Church)
Page 6.1
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans And Permits
(A) Applicability. The provisions of this section apply to all of the following plans and permits:
(1) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(4) Large-scale developments;
(5) Lot splits;
(6) Physical alteration of land permits;
(7) Storm water,drainage,and erosion control permits;
(8) Tree preservation plans;
(9) Sign permits;and,
(10) Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above-enumerated plans and permits are conditioned upon the
applicant accomplishing the following tasks within one(1)year from the date of approval:
(a) For any renovation or new construction,receive a building permit; and/or,
(b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's
Office, stamped for recordation by the City Planning Division; and/or,
(c) Receive a Certificate of Zoning Compliance; and/or,
(d) Receive all permits and approvals required by City, State, and Federal regulations to start
construction of the development or project.
(2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the
Planning Commission to extend the period to accomplish the tasks by up to one(1)additional year.
The applicant has the burden to show good cause why the tasks could not reasonably be completed
within the normal one(1)year limit.
Expiration. If the required task(s)are not completed within one(1)year from the date of approval or
during an allowed extension period,all of the above-enumerated plans and permits shall be rendered
null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above-enumerated plans and permits are also conditioned upon the
applicant completing the project and receiving final inspection approval and/or a final Certificate of
Occupancy permit within three(3)years from the date of issuance of a Building Permit.
(2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the
Planning Commission to extend the three (3) year period to complete the project by up to two (2)
additional years. The applicant has the burden to show good cause why the project could not
reasonably be completed within the three(3)year time limit.
(3) Expiration. If the applicant fails to meet the requirements of subsection(C)(1)within three(3)years
from the date of issuance of a Building Permit or during an allowed extension period,all of the above-
enumerated plans and permits shall be rendered null and void.
K:Reports 120041PCReports 109-13-041 ADM 04-1202(Com bs St.Church of Christ)LSD Approval Extension.doc September 13,2004
Planning Commission
ADM 04-1202(Combs St. Church)
Page 6.2
lark
on.sulting
J. STEVE CLARK, P.E.
CIVIL/ENVIRONMENTAL ENGINEERING
August 25,2004
Fayetteville Planting Commission
City of Fayetteville
113 West Mountain Street
Fayetteville,Arkansas 72701
Re: Large Scale Development
Combs Street Church of Christ
Fayetteville, Arkansas
Dear Planning Commissioners,
The Combs Street Church of Christ requests an extension of time to obtain a building permit on
the referenced project. The Church has been working on fund raising since before the LSD was
approved and is very close to having the money to begin the construction. However,they will
not be able to apply for the building permit before the one year approval date has passed.
We therefore request that the Planning Commission approve a one year extension on the
approved Large Scale Development plan.
Tf we can answer any questions please call me at 444 8171.
Sincerely,
Clark Consulting
. S"Clark,
cc: Mr. Robert Zachry
September 13,2004
Planning Commission
ADM 04-1202(Combs St.Church)
Page 6.3
3715 N. Business Drive, Suite 202 • Fayetteville. Arkansas 72703 • (479) 444-8171 • Fax: (479) 251-0714
Z d 0999£698H 'ON/9Z:61 '1S/9Z:b1 bON H HV Ali) }U;Wdolana0 aIXIO W08d
Planning Commission
October 27,2003
Page 59
VAC 03-12.00: Vacation (Combs St Church of Christ, pp 524) was submitted',by
Steve Clark on behalf of Combs St Church of Christ for property located at 350 S. Comb
St. The property is zoned RMF-24, Residential Multi-family-24 units per acre and
contains 1.49 acres. The proposal is to vacate a utility easement along 4th Street.
LSD 01-39.10: Large Scale Development (Combs St Church of Christ, pp 524) was
submitted by Steve Clark on behalf of Combs St Church of Christ for property located at
350 S. Comb St. The property is zoned RMF-24, Residential Multi-family 24 units per
acres, and contains 1.49 acres. The proposal is to construct a 4700 sq. ft. expansion of
the existing church.
Shackelford: Item eleven was on the consent agenda so we move forward to item
twelve, VAC 03-12.00 submitted by Combs Street Church of Christ for
property located at 350 S. Combs Street. The property is zoned RMF-24,
the request is to vacate a portion of the street right of way.
Morgan: This Vacation request is accompanied by LSD 03-39.10 for Combs Street
Church of Christ. The request for a vacation of a portion of the street right
of way is due to the fact that the existing street was built north of the
dedicated right of way. There are, and this is along 4th Street just north of
the property, there are no objections from adjacent property owners that
have been submitted to the city. The applicant has submitted the required
notification forms to utility companies. There are no objections from
utilities. Comments were supplied from water ands ewer and they are
included in your packet. No comments were received from any other
departments in the city. Staff is recommending approval of the proposed
right of way VAC 03-11.00 subject to the following conditions: 1) Any
relocation of existing utilities will be at the owner's expense. 2) The right
of way to be vacated shall be replaced with a general utility easement for
the entire area excluding the portion occupied by the existing structure.
The Large Scale Development was submitted by Steve Clark on behalf of
the Combs Street Church of Christ for the property located at 350 S.
Combs Street. The property is zoned RMF-24, Residential Multi-Family,
24 units per acre and contains 1.49 acres. The applicant requests to build
an addition of 4,700 sq.ft. to an existing church with 56 parking stalls and
the existing structure is 2,100 sq.ft. The surrounding property is zoned
RMF-24 and Single Family residential in nature. The existing right of
way along 4th Street, as mentioned, extends further south than 25' from
centerline. Thus, the applicant is requesting to vacate the existing right of
way and dedicate 25' from centerline on 4th Street. Also, 25' of right of
way from centerline on Willow Avenue and Washington Avenue is
proposed to be dedicated. All of these streets are local streets on the
Master Street Plan requiring 50' of right of way. Willow Avenue and
Washington Avenue are listed as on street linkages on the alternative
transportation and trail master plan. Tree preservation, existing canopy is
14.5%, required canopy is 14.5%, preserved canopy will be 2.9% and
mitigation required will be on site of 16 trees. Staff is recouNW&W*4 13,2004
Planning Commission
ADM 04-1202(Combs St.Church)
Page 6.4