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HomeMy WebLinkAbout2005-03-14 - Agendas - Final ARKANSAS 125 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISION Monday,March 14,2005,5:30 p.m. Room 219,City Administration Building The following items will be considered: Approval of Minutes from the 02/28/2005 meeting. Old Business: 1. LSD 05-1390:Large Scale Development(GLASSHILL CARWASH,566): Submitted by MANDY BUNCH for property located at THE S SIDE OF HWY 16E,JUST E OF THE HWY 265 INTERSECTION. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.23 acres. The request is to approve a 3,792 s.E carwash. Property Owner: BOB HILL Planner: SUZANNE MORGAN New Business: 2. ADM 05-1441:Administrative Item(WESTSIDE STORAGE,400) Request to extend the approval of the Conditional Use Permit for additional(climate controlled)storage units on the property within the C-2 Zoning District,located at 1192 N.Rupple Rd. and containing approximately 5.05 acres. Planner: SUZANNE MORGAN 3. ADM 05-1442: Administrative Item(BRANDON/HASH MALL SOUTH)Request to change a condition of approval for the Large Scale Development,LSD 04-1183,located at Lot 2 of the Concurrent Plat of the NWA Mall. Planner: SUZANNE MORGAN 4. CUP 05-1404: Conditional Use(AMP,134): Submitted by DAN&AMY MACK WHITE for property located at THE NWA MALL PARKING LOT IN THE SW CORNER OF THE JC PENNEY LOT. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 100 acres. The request is to allow an outdoor music venue in the C-2 Zoning District. Property Owner: MACERICH FAYETTEVILLE PARTNERSHIP Submitted on behalf of. KELLY ROURKE-WELDON 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. 2005 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Loren Shackelford Sean Trumbo Christian Vaught LSD 05-1390 Page I 17yePC Meeting of March 14, 2005 Afl KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Brent O'Neil, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 10, 2005 LSD 05-1390: Large Scale Development(GLASSHILL CARWASH,566): Submitted by MANDY BUNCH for property located at THE S SIDE OF HWY 16E, JUST E OF THE HWY 265 INTERSECTION. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 1.23 acres. The request is to approve a 3,792 s.£ carwash. Property Owner: BOB HILL Planner: SUZANNE MORGAN Findings: Property Description &Proposal: The 1.23-acre site is located south of Huntsville Road and east of Crossover Road. It is zoned C-2, and is currently vacant. In 1997, a Superior Car Wash was proposed in this location. The item was tabled at Subdivision Committee and was never processed further by the applicant. Since this time,the property has remained vacant. Presently, the applicant requests approval of a carwash on the property with 6 bays, three vacuums and an ATM. Public Comment: Nine adjoining property owners were notified of the proposed large scale development. Staff has received comments from three of these owners, one of which objected to the proposed uses. (See attached comments.) Background: This item was heard at the February 28, 2005 Planning Commission meeting. Present at this meeting were five Planning Commissioners, two of whom recused from,this item. Due to lack of a quorum, a vote for or against this project could not be taken; therefore, this item was tabled. No public comment for this project received at that meeting. Surroun ing Land Use/Zoning: Direction Land Use Zoning North Vacant(proposed Creekside C-2, Thoroughfare Commercial Plaza) South Vacant R-A, Residential Agricultural East Single family homes RSF-4, Res. Single family—4 units/acre West Retail/Office Use C-2, Thoroughfare Commercial K.IReportsl20051PCReports103-14-051LSD 05-1390(Glasshill Car =h).doc March 14,2005 Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.1 LSD 05-1390 Page 2 Adjacent Master Street Plan Streets: Huntsville Road and Crossover Road, both Principal Arterial streets. Right-of-way being dedicated: 55 feet from centerline right-of-way along Huntsville Road by warranty deed_ Access: The developer has coordinated with properties to the north and west to create safe access to this property. One access to Huntsville Road is proposed on the subject property. This access will align with access for a proposed development to the north. The property to the west has two driveways to Huntsville Road. The western most access is located at a traffic light and the eastern access is located adjacent to the subject property. The developer proposes to remove the second access and construction a driveway between the two properties to provide cross access. Staff finds that this will reduce the number of curb cuts on Huntsville Road and allow safer access to both properties. A letter of agreement for the proposed relocation of the curb cut onto Huntsville Road has been received from the adjoining property owner(see attached letter). Street Improvements: Construction of a 6' sidewalk at the right-of-way per the Master Street Plan beginning west of the property to tie into the existing sidewalk. The Subdivision Committee recommended that the existing sidewalk be utilized in lieu of construction of a new sidewalk at the right-of-way. Tree Preservation: No existing canopy is proposed to be removed or disturbed with the proposed development. Staff recommends the approval of the submitted Tree Preservation Plan associated with LSD 05-1390 to the Planning Commission. Recommendation: Staff recommends approval LSD 05-1390 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements: Staffrecommends construction of a 6'sidewalk at the right-of-way per the Master Street Plan beginning west of the property to tie into the existing sidewalk. The Subdivision Committee recommended that the existing sidewalk be utilized in lieu of construction of a new sidewalk at the right-of-way. 2. Planning Commission determination of compliance with Commercial Design Standards. Stafffinds that elevations presented meet the required commercial design standards and are compatible with adjacent developments. 3. This existing access to the adjacent property shall be removed and cross access shall be provided between the subject property and property to the west. An access easement encompassing the proposed cross access shall be dedicated by easement plat or separate document. 4. Additional right-of-way shall be dedicated along Huntsville Road (Hwy 16) for a total of 55' from centerline by warranty deed prior to issuance of a building permit. K:IReports120051PC RepomI03-14-051SD 05-1390(Glasshill Camash).doc March 14,2005 Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.2 LSD 05-1390 Page 3 5. The developer shall coordinate the location of the proposed driveway to align with the proposed access to the north of Huntsville on property currently requested large scale development review. 6. A floodplain development permit shall be required prior to construction within the flood zone. 7_ All required landscaping shall be guaranteed prior to building permit. 8. Landscape plantings along the front shall be installed as indicated and approved, in order to screen the paved area and partially screen the trash enclosure from the right- of-way. 9. All freestanding and wall signs shall comply with Commercial Design Standards and other ordinance specifications for location, size, type, number, etc. 10. All mechanical and utility equipment, wall- or roof-mounted, shall be screened from view with materials that are architecturally compatible with and incorporated into the associated structure: Freestanding utilities shall be screened from view with architecturally compatible materials or vegetation. 11. Parking lot lighting shall be shielded, directed downward and away from adjacent properties. Light poles shall not exceed 35' in height, and only high pressure sodium , lighting or energy equivalent shall be permitted. Lighting shall not be excessively bright or cause a glare that would be injurious to pedestrians,vehicles or adjacent; property owners. Standard Conditions of approval: 12. 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) 13. Staff approval of final detailed plans, specifications and calculations(where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private),S 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. 14. Large scale development shall be valid for one calendar year,pursuant to Ch. 166.20. 15. Trash enclosures shall be screened with materials compatible to the structure and access not visible from the street. 16. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits K.'IRepons120051PC Reports103-14-051LSD 05-1390(Glasshill Car ash).doc March 14,2005 Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.3 LSD 05-1390 Page 4 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 Additional conditions: PLANNING COMMISSION ACTION: yes Required Approved Denied Date: March 14, 2005 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:lReports120051PC Reportsl03-14-051LSD 05-1390(Glasshill Camash).doc March 14,2005 Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.4 7t �Dlee.T. , PC Meeting of February 28, 2005 4 ARKANSAS 125 W. Mountain St. THF. CITY O1' F':�YET"I F,VILLF.,, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 TREE PRESERVATION and PROTECTION REPORT To: Fayetteville Planning Commission From: Jeremy Pate, Landscape Administrator Date: February 22,2005 ITEM#: LSD 05-1390 (Glasshill Carwash) Requirements Submitted: Initial Review with the Landscape Administrator Site Analysis Map Submitted ✓ Site Analysis Written Report Submitted ✓ Complete Tree Preservation Plan Submitted Canopy Measurements: acres 1.23 s uare feet 53,614 acres 0.05 s uare feet 2,351 percent of site area 4.38% acres 0.05 square feet 2,351 ercent of total site area 4.38% 4.38% FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • All tree canopy on the subject site is along the eastern property boundary, and most KUerewlLwr mpeAdmmlPROJECT3V.SD-2005V1=hiU CarwoshlTreePreservatonReport-PC.doc March 14,2005 '. Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.5 of the trees are actually located on adjacent property. All canopy is proposed to remain. Whether the design incorporates the required Tree Preservation Priorities. • The design of the subdivision does incorporate the required Tree Preservation Priorities. All canopy is proposed to remain. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • No canopy is being removed. 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. • Adjacent properties would be impacted by removal of trees on this property, as the existing trees are located primarily on adjacent property and provide a natural buffer to the non-residential use proposed. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • No alternative construction methods are proposed Whether the size or shape of the lot reduces the flexibility of the design. The size and shape of the lot does inhibit the flexibility of design. _. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of all groups of trees on this site is good. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • No utilities are structures are proposed within the existing canopy. The need to remove the tree or group of treesfor the purpose of installing, repairing, replacing, or maintaining essential public utilities. N/A Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • The streets and utilities have been aligned to negate removal and damage of tree canopy. Construction requirements for On-Site and Off-Site Alternatives. • N/A The effects of proposed On-Site Mitigation or Off-Site Alternatives. Ka/eremylLandsmpe AdmmIPROJECTSV.SD 20051GlasshillC�hITre Prese"ationReport-PC.doc March 14,2005 Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.6 • No mitigation is required. The effect other chapters of the UDC, and departmental regulations have on the development design. N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • N/A The impact a substantial modification or rejection ofthe application would have on the Applicant. Staff is recommending approval of the submitted Tree Preservation Plan. Recommendation: Staff recommends the approval of the submitted Tree Preservation Plan associated with LSD 05-1390 to the Planning Commission. Kt/eremyTandsmpe AdminIPROJEC7SILS0.10051GIashill CammhWreePrese"ahomReport-PC.doc March 1492005 Planning Commission LSD 05-1390(Glasshill Carwash) Page 1.7 TrV1 le Te—, n 7 , PC Meeting of February 22,2005 ARKANSAS d 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 LANDSCAPE REVIEW FORM To: Fayetteville Planning Commission From: Jeremy Pate,Landscape Administrator Date: February 22, 2005 ITEM#: LSD 05-1390 (Glasshill Carwash) Applicable Requirements: ✓ r ' Plan Checklist: ✓submitted by applicant Xrequested ✓ wheel stops Icurbs ✓ irrigation ✓ edged landscape beds indicated ✓ species of plant material identified ✓ size of plant material at time of installation indicated ✓ interior landscaping narrow tree lawn(8'min. width, 17'min. length/1 tree per 15 spaces) tree island 70'min. width/I tree per 12 spaces) ✓ perimeter landscaping side and rear property lines(5'landscaped) adjacent to street R O.W(15'greenspace exclusive for landscaping/I street tree every 30 L.F.,a continuous planting ofshrubs and ground cover-50% evergreen) ✓ soil amendments notes include that soil is amended and sod removed ✓ mulching notes indicate mulching around trees and within landsca a beds. ✓ planting details according to Fayetteville's Landscape M ' 2005 fission LSD 05-1390(Glasshill Carwash) K UeremyTandsmpe AdminTR0JECTSV'sD-200JU1asshi 1 CarwashVnn&mpeReviewForm-PCdw Page 1.8 .� greenspace adjacent to street R.O.W.(15'wide) f street trees planted every 30' L.F. along R.O.W. outdoor storage screened with landscaping landscaped area(12' min.) fence required outdoor storage screened with landscaping .� non-residential landscape screen when adjacent to residential zones landscape requirement for setback reduction greenspace adjacent to street R.O.W.(25'wide) street trees planted every 30'L.F.along R.O.W. 25%of total site area left in greenspace(80% landscaped) parking lots and outdoor storage screened with landscaping - Recommendation: Approval of the landscape plan associated with LSD 05-1390. Conditions of Approval: 1. All required landscaping shall be guaranteed prior to building permit. 2. Landscape plantings along the front shall be installed as indicated and approved,in order to screen the paved area and partially screen the trash enclosure from the right-of:way. March 14,2005 Planning Commission LSD 05-1390(Glasspill Carwash) K UeremyVnndscape AdminIPROJECTSILSD-2005'.(ilasshill Carw¢shlLandscnpeReviewForm-PC.doc Page 1.9 FEB-07-2005 MON 0836 AM rAx Nu. F. uZ Iu.Mr!laapE lu,t[w+ NMlt.,w•J A.Lu.af Ah_ -%c w,paMC� _�•.—, ':. -. .--.�—•. •— fI ehfnA r•.RAhia 11mana <4+Y.iL l.cpaa6(<l::f fa)r(,t.:1e1R+4a,.[+QnK Allwj�halhn I n4 M I loran,MU NUn1Y[ia.hut Ml) lrt.y$.CryVn,MU AIn O.Vw MP ��� Ppn7alxn Llal A,ar(<'wn[ Snaf Alli\;f!<, Frri.hatam a4 M4 L'�'14'"^P19hM.Yi MU wAli.unC Man,rt,Afll CPA.(AC'MIY [I.y1W Ilnnp.M Atli <-4«r.1 L4lanry MO f„ ,� Jw� L"'kf . 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QAI U I.,AYa lha l Ph(, CIr:.GYLraa+h MU TmaalgM1 Gr..al 1'Lni T4NI Alit L[}W February 4,2005 Mr. Bob Hill Glasshill, LLC 2592 N, Gregg St., Suite 22 Fayetteville,AR 72703 Re: Car Wash Development to east of Family Practice Investments Dear Bob: I am sending you this letter to inform you that the ownership of Family Practice Investments has reviewed the site plan prepared by EB LandWorks, Inc. for the car Wash development to the east of our property. The ownership of family Practice Investments is in agreement and approves the proposed move of the curb cut from its existing location to the location indicated on the site plan. Sincerely, MANA MEDICAL ASSOCIATES OF NORTHWEST ARKANSAS IA La hack ord, CPA FACMPE Chief Executive Officer March 14,2005 Planning Commission -- LSD 05-1390(Glasshill Carwash) Page 1.10 ADJOINING PROPERTY OWNERS NOTIFICATION OF UPCOMING PUBLIC HEARING Today's Date:02/03/05 (� APPL.ICANT/REPRESENTATIVE CONTACT INFO: F?MC i VEL EB Land Works,Inc Attn:Mandy Bunch,PE Ph:479-444-7769 FEB 1' PO Box 3432 PLANN 1^`r, Fayetteville,AR 72702 r�I v DIV. Subdivision Committee Meeting: Thursday,February 17,@ 8:30am Fayetteville City Administration Building 113 W.Mountain Street,Room 219 Planning Commission Meeting: Monday,February 28,@ 5:30 pm Fayetteville City Administration Building 113 W.Mountain Street,Room 219 PROJECT DESCRIPTION: The proposed project is to.construct a 6 bay car wash on the tract of land located due east of the Family Practice Medicalbuilding_ The site currently has no trees,with some scrub brush on the western slope. Adjoining Property Address and Parcel Number(s):`SEE ATTACHED MAP Lot ` Block: Subdivision ` Lot • Block: Subdivision: ADJOINING PROPERTY OWNERS COMMENTS 7(Re Comments to City of Fayetteville Planning Division in Stamped Enclosed Envelope) I have been notified of the above meetings for the described project. o not object to the.project described above. " 1 do object to the project described above because: c:)/e� G'-�'�� NamefPrropopGY f Property Owner(Printed) Z- Signature of Property Owner March 14,2005 Plairgiia commission LSD 05-1390(GlassIf1#,G&rwash) Page 1.11 LoVio CloseeUUpp View GLASSHILL CARWASH C "*5 0 - �C R5F 6 C-Z SUBJECT PROPERTY �-11G � k rn RM 9 m 0 O Z n O T Overview Legend EM LSD05-1390 P0601 Aeentl —FLOODWAY s YFaR Master StreM Plan aim Minar AM1edal —100 YEAR --LIMIT OFSNDY - Mazter Street Plan . CgOecl"r — -ea �FrecwaY/EaPresway ••••wsroncCoIjeaar Fayetteville O" "¢"Narch 14,2005 Planning Commission 0 75 150 300 450 600 LSD5-1390(Glasshill Carwash) Feet Page 1.12 5-1390 LSD0leView One Mile View GLASSHILL CARWASH is .\ s aNATE OR _�, p� >' _. .• '&y D IrS - P1 21 F 1 _ I RSFd ..._ � 1+ RSFd .IUB1 O Y .d.11 PRIVATE p .I 'f RppG RSO L R61F/a � Y 1 ECT PROPERTY ' •� _. { c '�' I ilio 1 ` w I�� RMF-24 1 O l 4TNS7 AN 1 ti l - � RSF-0 � RAF 24 l 1 RSFd l�'rylF-24 R P2 IA RA RSF RSF RS R-0 !" 1 4 - - _ {{ 3, RSFd RA Fd P1 rRN924 1'}2 �C-2 R 12 AGF-4-0 GtIr f �� qMF 24 I Gt, fir: GtA,M11Y4 RS(y { RA F d'+�" �3✓ - d Iz _ rtM1R2 R Fd b¥FY 24�RAY 4 R-0RSF - t ASFd a f2 - k \. . IN I •2b 1 --fir 42 II ? � RSF_d G2 , : 2i RSF1 S4'f I G2 u.. -24 -rb I RieF za \S D-t �- I zl f d ffiSFd- ' FFA _ ' p � RSF- �I Jy :< RA `` 42 PUAJP_ ATION RD 42 D RA 1 Overview Legend Boundary Master Street Plan -- -- Subject Property Planning Area Master Street Plan _ I-SO05-13908000g -`•--Freeway/Expressway 000coo°Overlay Dishict as css Principal Arterial. __ ❑ - Outside city 0a®Mnor Arterial Collector l ---= - 0090 Historiceellector March 14,2005 Planning Commission ®.0M 1 0.2 0.3 0.4 LSD 05-1390(classhill Carwash) Miles Page 1.13 17ye PC Meeting of March 14, 2005 Aft KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS -- 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telepbone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 10, 2005 ADM 05-1441:Administrative Item (WESTSIDE STORAGE,400) Request to extend the approval of the Conditional Use Permit for additional (climate controlled) storage units on the property within the C-2 Zoning District, located at 1192 N. Rupple Rd. and containing approximately 5.05 acres. Planner: SUZANNE MORGAN BACKGROUND Project Description: The subject 5.05-acre site is located east of Rupple Road and north of Wedington Drive. Existing development includes the Westside Storage facility, bordered on the south and west by an existing strip shopping center. The approved CUP is to allow a conditional use for Use Unit 21, Warehousing&Wholesale, on the subject property. Approval of the conditional use does not constitute development approval. Background: The conditional use permit for this site was approved on March 8, 2004 with a 9-0- 0 vote by the Planning Commission with six conditions of approval (see attached staff report). At this time, the applicant has submitted materials for grading and building permit approvals. Staff is in the process of reviewing these permits for completion and compliance with city ordinances and conditions of approval. Proposal: The applicant requests to extend the approval of the Conditional Use Permit for one year, to expire on March 08, 2006. All permits are required to be obtained prior to the one-year deadline, measured from the date of final approval. If this is not possible, the Unified Development Code allows for a one-time extension request to be made to the Planning Commission, if submitted prior to this deadline. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. RECOMMENDATION Planning Staff recommends approval of ADM 05-1441, the requested extension to CUP 04- 10.00, with the following conditions: 1. The applicant shall be allowed until March 08, 2006 to receive all required building permits. If, at this time, all permits required have not been issued, appropriate actions to revoke the Conditional Use Permit approval shall be taken. K.VRepoml20051PC ReporlsIO3-14-05WDM 05-1441(Westside Storage CUP Fxiention).doc March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.1 2. All other conditions of approval for the project shall remain applicable. DISCUSSION The Unified Development Code gives the Planning Commission authority to extend approval of a conditional use permit 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. 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. The applicant has submitted a letter to the Planning Division stating that up to this time, work on the project has been limited. Once permits have been issued,the applicant believes that work on the project will begin in earnest. No ordinance amendments that would potentially affect this project have been passed since the Planning Commission approval of the CUP 04-10.00. 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. K.-ftorts12005IPC ReportsW-14-0514DM05-1441(Westside Storage CUP Fxtention).doc March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.2 CHAPTER 166: DEVELOPMENT be completed within the normal one (1) 166.20 Expiration Of Approved Plans year limit. And Permits Expiration- If the required task(s)are not (A) Applicability. The provisions of this completed within one (1) year from the section apply to all of the following plans date of approval or during an allowed and permits: extension period, all of the above- enumerated plans and permits shall be (1) Preliminary plats; rendered null and void. (2) Planned zoning district developments; (3) Conditional uses; (C) Three-year time limit. (4) Large-scale developments; (5) Lot splits; (1) Tasks to be complete. All of the above- (6) Physical alteration of land permits; enumerated plans and permits are also - (7) Storm water,drainage,and erosion control conditioned upon the applicant completing Permits; the project and receiving final inspection (8) Tree preservation plans; (9) Sign permits;and, approval and/or a final Certificate of (10) Floodplain development permits. Occupancy permit within three (3) years from the date of issuance of a Building (B) One-year time limit. Permit. (1) Tasks to be completed. All of the above- (2) Extensions. Prior to the expiration of the enumerated plans and permits are three(3)year time limit;an applicant may conditioned upon the applicant request the Planning Commission to accomplishing the following tasks within extend the three (3), year period to one(1)year from the date of approval: complete the project by up to two (2) additional years. The applicant has the (a) For any renovation or new burden to show good cause why the construction, receive a building project could not reasonably be completed permit; and/or, within the three(3)year time limit. (b) For a lot split, record a deed or survey at the Washington County (3) Expiration. If the applicant fails to meet Circuit Clerk's Office, the requirements of subsection (C)(1) stamped for recordation by the City within three (3) years from the date of Planning Division;and/or, issuance of a Building Permit or during an (c) Receive a Certificate of Zoning allowed extension period,.all of the above Compliance; and/or, enumerated plans and permits shall be (d) Receive all permits and approvals rendered null and void. 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 K-IRepor1s110051PCReports103-14-OSIADM OS-1441(Westside Storage CUP Extention)-dac March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.3 WET ShD IUR Telephone S 501-4447177 P. O. Box 3318• Fayetteville,AR 72702 4 , a 0D5 gm �,Ja fi ttu bj-j , Ok 1d 10 3 IQLoj�-,(:darru : Oje an j i.(uo f c use 1 , LOA vb(y 0j> pujv-� �� f 6 qw 0_9_y-A (� (yl , at 4 -1 t 10 . RECEIVED Ma 14,2005 MAR U k 2OO6lani mission p _ ADM 05-1441 ( e e Storage) CITY OF FAYETTEVILLE Page 2.4 P t ,Y192 N.Rupple Road PLANNING DIVISION FAYETTEVILLE PC Meeting of March 08, 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: Jeremy Pate,Associate Planner THRU: Dawn Warrick, A.I.C.P., Zoning and Development Administrator DATE: March 04, 2004 CUP 04-10.00: Conditional Use(Westside Storage, pp 400)was submitted by Dennis Caudle for property located at 1192 N. Rupple Road. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 5.05 acres. The request is to allow an additional climate controlled storage building. Planner: Jeremy Pate RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. The proposed use(mini-storage/climate controlled storage) shall be limited to that portion of the overall tract zoned C-2,Thoroughfare Commercial. 2. Planning Commission determination of appropriate screening for the proposed storage units. Staffrecommends a combination offencing, native evergreen shrubs, and trees to adequately screen the proposed building. Screening shall be located directly south (within 20 feet) of the proposed building, as opposed to near the street. (pp. 8.25, 27, 37) PC modified condition: Screening shall consist of a masonry and wood privacyfence a minimum of six feet in height and an appropriate landscape screen,to be approved by the Landscape Administrator. The screen shall be located 20feet to the south of the proposed storage building and on the property line to the east of the proposed storage building. The installed screening shall remain in place, regardless of development on the south R-O portion of the property. 3. Planning Commission determination of the applieability of Commercial Design Standards for-the proposed mini storage building. gheuk4 Me Gammis-sion dotermine Gemmereial Design&andar,*m;e appheable in this instanee; staff requests eelq PC Determination: Condition #3 was determined to not be applicable. Strike. 4. Access to the proposed storage unit shall be limited to the existing Rupple Road entrance,pursuant to the associated Bill of Assurance. (p. 8.34) March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.5 5. A tree preservation plan for the undeveloped,south portion of the subject tract shall be submitted and approved by the Landscape Administrator,in accordance with the associated Bill of Assurance, prior to building permit issuance. 6. Sixty percent(60%) of the existing tree eanopy fall existing trees with a caliper of 8 inches or more] on the undeveloped,south portion of the subject tract shall be preserved,in accordance with the associated Bill of Assurance. (Modified with PC Approval.) 7. Trash enclosures shall be screened on three sides,with access not visible to the street. PLANNING COMMISSION ACTION: Required YES "pproved O Denied Date: March 08,2004 1-0 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 5.05-acre site is located east of Rupple Road and north of Wedington Drive. Existing development includes the Westside Storage facility, bordered on the south and west by an existing strip shopping center. A 0.52-acre portion of the property was zoned C-2, Thoroughfare Commercial, .in 2001, to allow for the development of a climate controlled storage facility and/or mini-storage facility, by Conditional Use (see attached PC and CC minutes from 2001). Associated with the property are two Bills of Assurance, both of which affect development on the subject parcel Background: In 1990, the northern 3.5 acres of the subject property was rezoned from A-1 to C-2 and the southern 1.5 acres zoned from A-1 to R-O, subject to a Bill of Assurance limiting the northern-most 3.5 acres to mini-storage development only,requiring the developer to submit a tree preservation plan preserving 60% of the existing trees prior to any development on the site, and limiting access on the northern 3.5 acres to Rupple Road (pp. 8.18-19). In 2001, the applicant petitioned for a rezoning for the remaining 1.5 acres from R-O to C-2. This request was later modified at the request of City Council to reflect only 0.52 acres, which was approved with an additional Bill of Assurance. The 2001 Bill of Assurance limited the 0.52 acres to M*ft1n84c2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.6 controlled storage facility and/or mini-storage facility and designated appropriate screening to be determined by the Planning Commission at the time of Conditional Use request (p. 8.21-22). Proposal and Request: The applicant is proposing to construct a 160 x 60 climate controlled storage unit within a C-2 Zoning District,which requires Conditional Use approval.The applicant requests a conditional use allowing for the development of the storage units, subject to the associated Bills of Assurance. Recommendation: Staff is recommending approval of the conditional use for Use Unit 21, Warehousing&Wholesale,on the subject property,with conditions as listed above.Approval of the conditional use does not constitute development approval. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Agricultural, single family homes None—Washington County South Shopping Center C-1,Neighborhood Commercial East Vacant R-A, Residential Agricultural West Gas Station C-1,Neighborhood Commercial C-2, Thoroughfare Commercial GENERAL PLAN DESIGNATION Community Commercial/Office § 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. 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. March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.7 Finding: The applicant has submitted a written application requesting the allowance of a Mini-storage facility (Use Unit 21)with conditional use approval pursuant to §161.17. 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. 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; and Finding: The Planning Commission is empowered under§161.17(see attached) to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the requested conditional use will not adversely affect the public interest. The proposed use for a mini-storage facility is an extension of an existing facility in the C-2 zoning district, and is subject to a Bill of Assurance associated with the rezoning to adequately screen the intended use. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (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; March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.8 Finding: Access to the northern 3.5 acres is limited by a Bill of Assurance to access from Rupple Road. Staff recommends the same access be utilized for the proposed structure, and access not be allowed onto Wedington Drive by way of a driveway. Should the access be opened onto Wedington Drive, this would effectively violate the Bill of Assurance and associated rezoning approved by City Council, unless the northern 3.5 acres were barred from vehicular access. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic,noise, glaze, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: Parking and Loading areas shall be identified with the associated site plan submittal for building permit issuance. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: Trash enclosures shall be screened on three sides,with access not visible to the street. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities are available to the site. (e) Screening and buffering with reference to type, dimensions, and character; Finding: An appropriate method of screening shall be determined by the Planning Commission to effectively buffer the intended use from surrounding properties. (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: Additional signage has not been proposed with this development.Any proposed signage and exterior lighting will be reviewed for compliance with current ordinance requirements at the time of development.All security and outdoor lighting shall be directed away from adjoining properties and right- March 14,2005 Planning Commission ADM 05-1441 (:Westside Storage) Page 2.9 of-way. (g.) Required setbacks and other open space; and Finding: Compliance with setbacks and other applicable zoning regulations in the C-2 zoning district shall be required at the time of development. (h.) General compatibility with adjacent properties and other property in the district. Finding: Adjacent properties include commercial uses on the south and west sides, with the exception of the vacant R-O property directly south of the proposed storage unit.With prior approvals of the Conditional Use and Rezoning Requests,Planning Commission and City Council have deemed this use in this particular location to be appropriate and compatible with adjacent properties. March 14,2005 Planning Commission ADM 05-1441(Westside Storage) Page 2.10 161.17 District C-2,Thoroughfare Unit 28 Center for collecting recyclable materials Commercial Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (A) Purpose. The Thoroughfare Commercial District is designed especially (C) Density. None. to encourage the functional grouping of these commercial enterprises catering (D) Bulk and area regulations. None. primarily to highway travelers. (E) Setback regulations. (B) Uses. Front -50 ft. Side None (1) Permitted uses. 11 Side,when contiguous to a residential district 15 ft. Rear 20 ft. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 12 Offices,studios and related services (F) Height regulations. In District C-2 Unit 13 Eating laces any building which exceeds the height of Unit 14 Hotel,motel,and amusement facilities 20 feet shall be set back from any Unit 15 Neighborhood shopin goods Unit 16 Shopping oods boundary line of any residential district a Una n Trades and services distance of one foot for each foot of height Unit 18 Gasoline service stations&drive-in restaurants Unit 19 Commercial recreation,small sites in excess of 20 feet. NO.building Shall Unit20 Commercial recreation,large sites exceed six stories or 75 feet in height.. Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (G) " Building area. On any lot, the area (2) Conditional uses. occupied by all buildings shall not exceed 60% of the total area of such lot. Unit 2 Ci -wide uses by conditional use permit _ Unita Public rotection and utility facilities ��i � vtidre�re March 14,2005 Planning Commission ADM 05-1441 (Westside Storage) Page 2.11 WEs SID SIVI� Telephone 10 501-4447177 INC. P. O. Box 3318 • Fayetteville,AR 72702 January 27, 2004' Planning Commission City of Fayetteville Fayetteville, AR 72701 Dear Sirs: Westside Storage currently has 12 buildings located at 1192 N.. Rupple, Fayetteville, AR. We went to the city and received rezoning to C2 for the purpose of adding another building which will make available climate controlled storage units available to renters in this area of the city. Rezoning has been approved. The size of the building that is requested is 160x60. There are no parking spaces or requirements required. The hours of operation will be 7:00 a..m. to 9:00 p.m. seven days a week. The number of employees is currrently three.. The anticipated number of, patrons will vary primary in peak activity will be on the weekends. Outdoor lighting and security cameras will be installed. Sincerely, Dennis M. Caudle DMC/cc :ENE Ai a9 it h 14,2005 mmng ommission A11 I Q5,71441 (W,estsid"orage) n-A6 Page 2.12 1192 N. Rupple Road �� � � � r� i��`T �� r` �s 3�'x• "�."xn- �Y 4` -r-��y r �,r� �L.��s k 5` .��. ? a�y E (� sx - 4- Y� �S�, t• � j t t��ggg, r ME� n its > 1F Y�.+ L tS l'x P <' Ji _ 'may£.'✓ ,- � F .� r _: � l' I f { }Y Y K 4 � Yt y s iF ter' i". 1t 6 F 2 4Z S z3 o � B 0 i ......srz - �c ...-ter a. �.. .a :� .�� �' .k.✓._' v--ate..-L c� p kary 'i >-E VI :u M J � e v y z t a P r h ` v d ' A L93 3G�y3Y5'i , cs U I V I 3 H 3 (D r` 3 . 4 W ! w m rc ow 0 MIt March 14;2005 Planning Commission -- ADM 05-1441 (Westside Storage) Page 2.14