HomeMy WebLinkAbout2005-05-23 - Agendas - FinalTHE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISION
Monday, May 23, 2005, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Approval of Minutes from the April 25, 2005 and May 9, 2005 meetings.
New Business:
1. ANX 05-1495: (BENTON DEVELOPMENT LLC, 206): Submitted by H2 ENGINEERING, INC.
for property located at SW CORNER WEIR AND SALEM RD. The property is in the Planning Area and
contains approximately 10.66 acres. The request is to annex the subject property into the City of
Fayetteville.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
2. RZN 05-1502: (BENTON DEVELOPMENT LLC, 206): Submitted by 112 ENGINEERING, INC.
for property located at SW CORNER WIER AND SALEM RD. The property is zoned R -A,
RESIDENTIAL AGRICULTURAL, and contains approximately 10.66 acres. The request is to rezone the
subject property to RSF-4, Residential Single-family 4 units per acre.
Property Owner: JACK & JOAN HAYNES Planner: SUZANNE MORGAN
3. ADM 05-1530: (LOWE'S C-PZD/66 Street Shoppes): Submitted by Gary Ryel of Hight Jackson
Associates for property located at W. 6th STREET. The property is zoned C-PZD, COMMERCIAL
PLANNED ZONING DISTRICT. The request is to approve a major modification to the approved project
plan. Planner: JEREMY PATE
4. CCP 05-1492: Concurrent Plat (TRINITY PLACE, 399): Submitted by CHARLES SLOAN for
property located at FRANCISCAN TRAIL. The property is zoned RT -12, RESIDENTIAL TWO AND
THREE FAMILY, and contains approximately 2.355 acres. The request is to approve a concurrent plat for
a residential subdivision with 6 lots to be developed for three-family dwelling units.
Planner: SUZANNE MORGAN
5. CUP 05-1494: (TGI FRIDAY'S, 173): Submitted by MCCLELLAND CONSULTING ENGINEERS
for property located at LOT 16B OF CMN BUSINESS PARK II PHASE II. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 2.10 acres. The request is to permit 116
parking spaces (26 over maximum allowed) for the proposed Large Scale Development.
Planner: JEREMY PATE
6. LSD 05-1468: Large Scale Development (TGI FRIDAY'S, 173): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at LOT 16B, CMN II, 463 E VAN ASCHE DRIVE.
The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.10 acres.
The request is to approve the development of a restaurant with approximately 6,586 s.f. and 116 parking
spaces proposed.
Property Owner: NANCHAR INC. Property Owner: MARJORIE BROOKS
Submitted on behalf of: STEVE BELL Planner: JEREMY PATE
7. CUP 05-1493: (BANK OF AMERICA CONDOS, 523): Submitted by ROBERT KOHLER for
property located at 1 E CENTER STREET. The property is zoned C-4, DOWNTOWN COMMERCIAL
and contains approximately 0.76 acres. The request is to permit six residential condominiums in the C-4
Zoning District.
Property Owner: One E. Center, LLC Planner: JEREMY PATE
8. CPL 05-1536: (MOUNTAIN DEVELOPMENT CONCEPT PLAT): Submitted by Lamberth-
Carlton Investments, LLC. The request is to review a conceptual plat for a Residential Planned Zoning
District containing 55 townhouses and 204 single family homes on 126.69 acres located SOUTH of HWY
16 E OFF OF DEADHORSE MOUNTAIN ROAD near the Stonebridge Meadows Golf Course and
Subdivision. Planner: JEREMY PATE
9. ANX 05-1488: (COLLINS/KINGHORN, 533/534): Submitted by MICHELE, A HARRINGTON for
property located at 6102/6110 LAKE SEQUOYAH DRIVE. The property is in the Planning Area and
contains approximately 17.33 acres. The request is to annex the subject property into the City of
Fayetteville. Planner: SUZANNE MORGAN
10. RZN 05-1489: (COLLINS/KINGHORN, 533/534): Submitted by MICHELE, A HARRINGTON
for property located at 6102 AND 6110 LAKE SEQUOYAH DRIVE. The property is zoned R -A,
RESIDENTIAL AGRICULTURAL, and contains approximately 17.64 acres. The request is to rezone the
subject property to RSF-4, Residential Single-family, 4 units per acre.
Planner: SUZANNE MORGAN
11. ANX 05-1490: (DIXIE DEVELOPMENT, 321): Submitted by STEVE CLARK for property located
at NE CORNER MT COMFORT AND HUGHMOUNT RD. The property is in the Planning Area and
contains approximately 24.35 acres. The request is to annex the subject property into the City of
Fayetteville.
Property Owner: DIXIE DEVELOPMENT Planner: SUZANNE MORGAN
12. RZN 05-1491: (DIXIE DEVELOPMENT, 321): Submitted by STEVE CLARK for property located
at NE CORNER WEST COMFORT AND HUGHMOUNT RD. The property is zoned R -A,
RESIDENTIAL AGRICULTURAL, and contains approximately 24.35 acres. The request is to rezone the
subject property to RSF-4, Residential Single-family,' 4 units per acre.
Property Owner: DIXIE DEVELOPMENT Planner: SUZANNE MORGAN
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
Audy Lack
Sean Trumbo
Christian Vaught
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy C. Pate, Director of Current Planning
DATE: May 18, 2005
PC Meeting of May 23, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ANX 05-1495: (BENTON DEVELOPMENT LLC, 20sea
0 Siihmitte
INC. for property located at SW CORNER WEIR AND SALEM
Planning Area and contains approximately 10.66 acres
property into the City of Fayetteville.
Property Owner: JACK & JOAN HA'NES
In discussion with staff, the applicant gas
the applicant additional time to rev' w the b
the City's Annexation Policy.
ENGIIERING,
ertv&in the
subject
ested this item b f ed. Doing so will allow
ary of the 'ub''et property in relation to
May 23, 2005
Planning Commission
ANX 05-1495 (Benton Development, LLC)
Page 1.1
� vl
ARKANSAS
THE CITY OF FAYL-TTEVILLE, .ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy C. Pate, Director of Current Planning
DATE: May 18, 2005
RZN 05-1502: (BENTON DEVELOPMENT LLC, 200Sus �mitte
INC. for property located at SW CORNER WIER £ l3ALEM`D. The
A, RESIDENTIAL AGRICULTURAL, and contain aro a. imate 0.66 a
to rezone the subject property to RSF-4, Residential Sing -, TY' 4 units p
Property Owner: JACK & JOAN HAs= ES °'"Peter: SUZ E MORGAN
PC Meeting of May 23, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
2 ENGIIERING,
�,. erty ` zoned R-
e request is
In discussion with staff, the applicant i as '„ested this it m b"ea i' ed with the associated
annexation request. Doing so will a w the • ; _a 'cant add i na ime to review the
boundary of the subject prope on to City's Alirexation Policy.
May 23, 2005
Planning Commission
RZN 05-1502 (Benton Development LLC)
Page 2.1
ay- le
$ ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Director of Current Planning
DATE: May 18, 2005
PC Meeting of May 23, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 05-1530: (Lowe's C-PZD/ 6th Street Shoppes): Submitted by Gary Ryel of Hight
Jackson Associates for property located at W. 6th STREET. The property is zoned C-PZD,
COMMERCIAL PLANNED ZONING DISTRICT. The request is to approve a major
modification to the approved project plan.
Planner: JEREMY PATE
Background:
Approval for the Lowe's Planned Zoning District rezoning and associated large scale
development on 27.669 acres (C-PZD 03-02.00, Ord. #4490) was approved by City Council on
June 03, 2003. An ordinance takes effect 30 days after final approval, therefore the "deadline" for
extension requests to be submitted to the Planning Division fell on July 03, 2004. The applicant
subsequently was granted the allowed one-year extension, in which the remainder of the permits
for the approved structures must be obtained. The expiration date is rapidly approaching, on July
03, 2005. The applicant has submitted all plans necessary for building permit review, and is
actively seeking to meet the deadline in order for the Planned Zoning District to not expire. The
original approval for the C-PZD allowed for a Lowe's Home Center (133,532 SF) on 13.62 acres,
retail lots containing 6.05 acres (53,876 SF of retail as approved) and 1.3 acres (for future large
scale development review), a 2.05 acre detention area and 4.59 acres of tree preservation.
Current Status:
The Lowe's Home Center, detention pond and tree preservation areas have either been developed
or designated for no development, as required. The developer has extended utilities, a required
street connection and completed much of the mass grading and drainage for the remaining
undeveloped retail lots to the east of Lowe's. Discussion in recent weeks with the applicant
regarding the status of building permits for the 6th Street Shoppes tract of the PZD,
approximately 54,000 SF of retail space, revealed the upcoming deadline. Plans have been
submitted, and initial revisions comments forwarded back to the applicant. In the review of the
drawings submitted, several changes have occurred, especially with the architectural elevations
on the interior of the structure facing Lowe's. Due to the nature of the changes, staff
recommended these revisions be reviewed by the Planning Commission as a Major Modification
to the approved Large Scale Development plans prior to permitting.
Proposal: The applicant requests to revise the approved C-PZD development plans and
elevations for 6th Street Shoppes (the approved retail space) with the following modifications:
1. Revise the architectural elevations for the east and west sides, as indicated.
K:IReports120051PC Reportsl05-23-05WDM 05-1530 (6th. Street Shoppes).doc
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.1
2. Acknowledgement of the construction of retaining walls on the south and east sides
of the structure as initially planned, but not indicated with the mass grading on the
approved grading plans. These walls are to meet all City of Fayetteville design and
construction standards.
DISCUSSION
1. At the time of the C-PZD approval for Lowe's, most discussion centered on the
Lowe's site itself, with the retail space left remarkably out of much of the discussion,
with the exception of comments regarding screening from the Tree Preservation Area
by way of a fence, which has since been installed_ Little reference is made to
materials, colors, etc. on the elevations of this particular strip retail center. With the
building permit submittal, the architectural elevations for the most part match those
of the approved plans, with a few exceptions. The east and west elevations had
changed due to some refinement of the interior lease space. For the past two years,
tenants for the proposed shops along the west elevation have been sought after, to no
avail. Subsequently, the interior space was redesigned so that a larger anchor tenant
could better utilize the space. This led to changes in the architectural elevations on
the west side that faces Lowe's, as indicated on the attached drawings. The primary
change is in the material of the wall, from glass storefront to a alternating color
CMU brick and block to match the rest of the building. In working with the
architects on the elevation changes, the recommendation to alter this facade and yet
retain a unified theme and articulated space is to retain the parapet, the awning,
sidewalk, landscaping and lighting, and to wrap the storefront windows along the
front to tie this particular side into the rest of the building. This has all been shown
on the attached drawings. On the east side, there is actually much less change; an
overhead door has been removed, the storefront has been wrapped around the side on
this end as well, and some articulation of CMU block and brick to match the
remainder of the building is proposed. Previously there was no articulation of the
walls, no reference to materials, etc. Additionally, a retaining wall, fence and
vegetative screening will prohibit much of this elevation from being seen from the
public right-of-way at all.
2. As mentioned previously, much of the design discussion during the PZD process was
for Lowe's (the second PZD ever processed in the City of Fayetteville) and not the
adjacent 53,000 SF of retail being proposed. A mass grading plan was presented, as
were landscape plans, parking lot layout, sidewalks and street lights. The site and
grading plans were prepared in anticipation of final design and construction at the
time of building permit. As with the architectural elevations, the site plans submitted
for building permit review are very similar to those approved at the time of PZD
approval, with few exceptions. Most notably was the full grading and drainage plans,
which now incorporate the required retaining walls to make development on this lot
feasible as approved in the PZD plans. The retaining walls have been designed to
meet City of Fayetteville design standards, and are located south of the building and
along a portion of the east side. The walls and required screening along the right-of-
way and on the building itself will likely prohibit view of any roof -top utilities.
K:IReports120051PC Reports105-23-054IDM 05-1530 (6th Street Shoppes).doc
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6t11 Street Shoppes)
Page 3.2
RECOMMENDATION
Planning Staff recommends approval of the architectural elevation changes proposed, finding
that the proposed changes actually better articulate and unify the development than previously
approved.
Planning Staff also recommends approval of the site plan as indicated, as acknowledgement that
the approved plans comply with City of Fayetteville ordinances in an effort to construct the retail
center and associated parking as approved by the Fayetteville City Council. Staff intends to
permit the plans as indicated for construction.
Planning Commission Action:
Meeting Date: May 23, 2005
Comments:
O Approval El Denial
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
K IReportst20051PC Reportsl05-23-0519DMOS-1530 (61h Street Shoppes).doc
Date
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6'" Street Shoppes)
Page 3.3
CHAPTER 166: DEVELOPMENT
166.05 Large Scale Development (LSD)
(F) Modifications.
(1) Minor modifications. The Zoning and Development Administrator may authorize minor
modifications in an approved large scale development. Minor modifications shall include,
but not be limited to, substitutions of one approved structural type for another or minor
variations in placement of buildings in such a way that the overall limits of approved floor
area, open space or rooms per acre are not increased.
(2) Major modifications. In the event that a developer wishes to make major modifications to an
approved development, such modifications shall be submitted to the Subdivisions Committee
in a form which compares the approved submission with the desired changes. After
submission, the Subdivision Committee shall approve or disapprove the requested
modifications at its next meeting.
K: IReports120051PC Reportr105-23-05WDM05-1530 (611 Street Shoppes).doc
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.4
3ht Jackson Associates
FAX NO. :479-464-8324 May. 19 2005 10:01AM P2
HIGHT - JACKSON
A S S O C I A T E S. P A
A K C }I i T E_C: 1 5 A N L) P L A N N L
May 18, 2005
Mr. Jeremy Pate, Senior Planner
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: el' Street Shoppes — West eh and Finger Road
Citi Retail Development
Mr. Pate:
hj
Pursuant to your review of our documents and our recent meeting,1 have enclosed a
proposed Wcst Elevation sketch. This drawing indicates the changes in that facade that
the developer has proposed. Briefly, the change will delete aluminum storefront in a
portion of that facade, leaving the balance of the area unchanged.
The developer has requested this change for several reasons:
1_ Lease space that does not face the highway has proven to be virtually un-
marketable prompting the removal of the individual lease tenant units
originally planned on the west side of the building.
2. The small lease tenant units have been "absorbed" into the large anchor tenant
space adjacent. Tenants looking at that large space do not desire storefront
along the side of the space.
3. Leaving aluminum storefront and glazing that is virtually out of sight, in order
to satisfy the PZD documents, will constitute a safety issue and an invitation
to possible vandalism. Maintenance issues would also be a concern.
4. Providing the aluminum storefront and glazing in an area where it is not used
for the original purchase will also result in increased construction costs.
The developer will provide materials that match the approved north elevation including
sidewalks, canopy, landscaping and lighting in order to preserve an attractive appearance
facing the adjacent parking lot.
Please call if you have any questions. 1 am submitting this information on behalf of CRI,
Inc. and Mr. Lyle Shelor, the developer.
Respectfully,
-f�
e Shelor, Lance Mills
Post Office Box 745
Rogers, Arkansas 72757
Post Office fax 2053
Bentonville, Arkansas 72712
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5201 Village Parkway, Suite 300 Planning,Gol7all gtilia4
Rogers, Arkansas 7275$SDM 05-1530 (Lowe's C-P4g/,igh waw
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. THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THRU: Tim Conklin, AICP, Director of Community, Planning & Engineering Svcs.
DATE: May 5, 2003
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501) 575-8267
Project: C-PZD 03-2.00: Planned Zoning District (Lowe's, 557/596) was submitted by Lance
Mills of Ozark Civil. Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property
located at the southwest corner of Finger Road and Highway 62. The property is zoned C-2,
Thoroughfare Commercial, R -O, Residential Office, and R-2, Medium Density Residential
containing approximately 27.669 acres. The request is for a Commercial Planned Zoning District.
for a Lowe's Home Center on a lot containing 13.62 acres (133,532 sq.ft_ building), retail lots
containing 6.05 acres (53,876 sq ft building proposed) and 1.3 acres (for future development), a
2.05 acre detention area and 4.59 acres of tree preservation.
BACKGROUND
The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center containing
13.9 acres (133,532 sq. ft. building) and a retail out lot containing 6.057 acres with 53,876square
feet of retail space.. Another out lot for future development (1.3 acres) is also being proposed with
this PZD. There are 4.59 acres of tree preservation and 2.051 acres of shared detention proposed.
This item must also be heard at City Council pursuant to the requirements for a PZD.
Use Lot Area
Lowe's 13.62
Dorado retail stores 6.057
Out lot (flame development) 1.3
Tree Preservation 4.59
Shared detention area 2.051
CURRENT STATUS
On April 28, 2003, the Planning Commission voted 7-0-0 to forward this item to the City Council
with a recommendation for approvalof the C-PZD zoning contingent upon the approved
development plan.
RECOMMENDATION
Staff recommends approval of the requested C-PZD.
K:IReports120031CC REFORTSIMay meerings15-20-031cpzd03-2_10xe's cc.doc
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6t6 Street Shoppes)
Page 3.7
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May 23, 2005
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ADM 05-1530 (Lowe's C-PZD/6L".Street Shoppes)
Page 3.8
ORDINANCE NO. 4490
AN ORDINANCE ESTABLISHING A COMMERCIAL
PLANNED ZONING DISTRICT TITLED C-PZD
03-02.00 LOCATED AT THE SOUTHWEST CORNER OF
FINGER ROAD AND. HWY. 62; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
FAYETTEVILLE; AND ADOPTING TILE ASSOCIATED
DEVELOPMENT PROJECT AS APPROVED BY THE
PLANNING COMMISSION AND AMENDED BY THE
CITY COUNCIL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: Thatthe zone classification of the following described property is
hereby changed as follows:
From R-1, C-2, Thoroughfare Commercial; R -O, Residential
Office, and R-2, Medium Density Residential to C-PZD 03-02.00 as
shown in Exhibit "A"attached hereto and made apart hereof.
Section 2. That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the Planned Zoning
District plans for Lowe's Home Center and approved by the Planning Commission on April
28, 2003, as amended by the City Council to remove the requirement for a monument sign
and. reinstate Condition of Approval #3 as recommended by the City Planning Division , and
to change Condition of Approval #I3 requiring installation of a traffic signal at the cost of
the developer prior to issuance of the certificate of occupancy and replacing that with a
requiring the developer to deposit the cost of the traffic signal with the City pursuant to
U.D.O. §158.01 until such signal is authorized to be installed by the Arkansas Highway and
Transportation Department.
Section 3. That this ordinance shall not take effect and be in full force until all
conditions of approval for the development are met.
Section4. That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
2005
Plannin ission
ADM 05-1530 (Lowe's C-PZD/6t" Stree o pes)
Page 33
PASSED and APPROVED this the 3`a day of June, 2003.
pYE7retIN
445 ���lr, APPROVED:
Sondra Smith, City Clerk
Ord. No..4490
Page 2
May 23; 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.10
PART OF THE NORTHWEST AND THE SOUTHWEST QUARTERS OF SECTION 19,
TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE 5TH P.M., CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER;
THENCE NORTH 88°08'58" WEST 42.94 FEET ALONG THE SOUTH LINE OF SAID
NORTHWEST QUARTER TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY
LINE OF FINGER ROAD SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88°08'58" WEST 387.36 FEET ALONG SAID SOUTH
LINE; THENCE SOUTH 2°01'20" WEST 238.81 FEET; THENCE SOUTH 88°08'33"
EAST, 294.91 FEET; THENCE SOUTH 23°09'36" WEST 10733 FEET; THENCE
NORTH 88°08'33 WEST 456.01 FEET; THENCE NORTH 1051'27"EAST 100.00 FEET;
THENCE SOUTH 90°00'00" WEST 62.76 FEET; THENCE SOUTH 1°02'36" WEST
39.63 FEET; THENCE SOUTH 54°47'38" WEST, 195.89 FEET; THENCE NORTH
88°57'24" WEST, 409.39 FEET; THENCE NORTH 42°46'02" WEST, 76.30 FEET;
THENCE NORTH 88°57'24" WEST, 50.47 FEET; THENCE NORTH 38°42'54" WEST,
62.44 FEET; THENCE NORTH 1°02'36" EAST, 39.45 FEET; THENCE SOUTH
90°00'00" WEST, 28.97 FEET; THENCE NORTH 1°02'35" EAST, 656.56 FEET TO A
POINT ON THE SOUTH RIGHT OF WAY OF US HIGHWAY 62; THENCE NORTH
74°35'55" EAST 1160:14 FEET ALONG SAID SOUTH RIGHT OF WAY; THENCE
SOUTH 1°31'48" WEST, 179.34 FEET; THENCE SOUTH 88°26'54" EAST, 290.31 FEET
TO A POINT ON THE WEST RIGHT OF WAY OF FINGER ROAD; THENCE SOUTH
1°49'53" WEST, 558.04 FEET ALONG SAID RIGHT OF: WAY TO THE POINT OF
BEGINNING. CONTAINS 26.934 ACRES OF LAND, MORE OR LESS.
AND ALSO:
PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 16 NORTH,
RANGE 30 WEST OF THE 5TH P.M., CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 1°04'04" WEST, 23.26 FEET ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 1°04'04" WEST, 386.66 FEET ALONG SAID EAST LINE TO THE
NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 490 AT PAGE
18, WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE; THENCE NORTH
88°14'56" WEST, 165.65 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE
NORTH 24°21'49" EAST, 418.83 FEET TO THE POINT OF BEGINNING CONTAINING
0.735 ACRES OF LAND, MORE OR LESS.
TOTAL ACREAGE: 27.669 ACRES, MORE OR LESS
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6`" Street Shoppes)
Page 3.11
G efiagAl Mw s
Mr. Williams read the ordinance.
City Council Meeting
May 20, 2003
Page 5 of 17
aop uodaduoymuasaidaa{gQZd-Y tio3'o IMOOZ s/WIdl a73COXd 181 n101: N
lderman Thiel said this did go through the . i mane: review committee and they unanimously
pproved this going forward. Is there a re.: on for hold i : it another two weeks?
Williams said we want to make s ewe have an absol ely clean copy with no
o ever for the last two weeks sitti g in the City Clerk's o, ice. There have bee
rrors that have been found, nothi ' g that would change it.
lderman Thiel said there was . couple of changes or one chane and that has be
Da n Warrick, Planning
yea , and the codification t rocess.
s what
typing
n done.
vision, gave a brief history of the PC during th past couple
Mr. Hams said we . e also going to make an attempt to put a draft . opy othis on the web
site.
This ordinance was left on the second reading.
NEW BUSINESS:
C-PZD 03-2.00 (Lowe's Home Center): An ordinance establishing a Commercial Planned
Zoning District titled C-PZD 03-2.00 located at the southwest comer of Finger Road and
Highway 62; amending the official zoning map of the City of Fayetteville; and according to the
Associated Development Project as approved by the Planning Commission.
Sam Lefflar, a resident, said her husband and her are supportive of this Planned Zoning. She
also discussed how informative Lowe's has been to the residents.
Mayor Coody asked Tim Conklin about the tree preservation area on the property.
Mr. Conldin said the tree preservation area is north and east of the Lowe's project, it does rap
around the Lefflar home. There is additional tree preservation on the east side of Finger Road.
Mayor Coody said will this be like the Harp's parking lot or the Wal-Mart Neighborhood Store
parking lot.
Mr. Conklin said this will be like the Wal-Mart Neighborhood Store Parking Lot.
Alderman Thiel asked about the road that ends at Superior Bank.
Mr. Conldin said Superior Bank built part of that access road to get into their development. Mr.
Conldin also stated that the Arkansas Highway & Transportation Department did send a letter to
the City stating that the traffic signal did not meet the warrants. The City Engineering
department is looking at that and has talked with the traffic consultant. We feel the traffic signal
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6t" Street Shoppes)
Page 3.12
City Council Meeting
May 20, 2003
Page 6 of 17
should be warranted, should be installed and we will be in contact with the Highway
Department.
Mark Millis with Lowe's Home Center gave a brief presentation on the project. Mr. Millis said
he has one correction from the proposed staff approval from Planning Commission and that
addresses the pylon sign, we have one sign proposed for Lowe's which is what we are allowed,
the developer is allowed a shopping center sign which is separate and Lowe's will not be on. In
the discussions we were asked if we would agree to a monument sign, which we thought we
were agreeing to a monument style sign, still maintaining the height and square footage. It was
brought to our attention right before the vote that a monument sign under ordinance is six feet in
height. We would ask that we revert back to what the ordinance states which is 30 feet in height
and 75 square feet in signage area and move forward from there, all the other conditions we are
in agreement with.
Mayor Coody asked Mr. Conklin if this is the right venue for making a change like that.
Mr. Conklin said typically those issues are handled at the Planning Commission level, since this
has not been approved it could be handled at this level or you could refer that back and have the
Planning Commission make the final decision. I would recommend that that be dealt with at the
Planning Commission level.
Mr. Williams asked how they would get back to the Planning Commission level with everything
being passed at the Planning Commission already.
Mr. Conklin said we could do this as an administrative item to take back and have them consider
the signage issue.
Mr. Millis asked if the Council could approve the request and leave the signage issue to the
Planning Commission for final determination. What we are asking for is what the ordinance
allows in the signage.
Mr. Williams said sub -section 3 of the ordinance says as approved by the Planning Commission
on April 28, 2003. If you want to get that changed you would need to get that back to them
before the next City Council meeting.
Mr. Conklin said that it would be best to have the Planning Commission make the decision on
the signage.
Mr. Millis said if we were to move forward with the ordinance as it states after approval by the
Council what would be the appropriate avenue to request a variance as to what was approved by
the ordinance.
Mr. Williams said he didn't think you could, this is a brand new procedure. The way the
ordinance is envisioned is that your rezoning and everything is tied to the development proposal
as approved by the Planning Commission so if there is any deviation from that, that would call
into question the rezoning that the City Council is looking at tonight, so I would advise against
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6`" Street Shoppes)
Page 3.13
City Council Meeting
May 20, 2003
Page 7ofl7
that. The City Council does not have to pass this tonight anyway with it being an ordinance it
has three readings before being approved.
Alderman Marr asked if tonight was the first, time that we've heard a request for this variance or
is this something that has been known prior to coming tonight.
Mr. Conklin said they contacted Planning last week and have been talking to Planning about
what they can do to change the Planning Commission approval.
Alderman Jordan said he would have wanted to leave this on the second reading tonight anyway
regardless of the sign issue.
Mr. Conklin said the access to Finger road will be developed at the same time that Lowe's is
developed, an access will be provided. The signalized intersection is Sherman Way.
A discussion followed on the access points to the new development, the map of the new
development, the wetlands on the property, and the detention pond.
Mayor Coody asked if the store on the north end of town will remain open.
Mr. Millis said yes.
Mayor Coody said this will be a good addition to the community we are really glad to have
Lowe's on the south end of town. We hope that the monument sign will fit your needs and that
you will reconsider your drive for the 30 foot pole sign. Monument signs really add a nice touch
to your development and our community.
Greg Simmons with Peters and Associates Engineers said they are the traffic consultants for
Lowe's on this important project. We conducted a detailed traffic study. He gave an
explanation of the traffic study that was conducted. He said they believe that a signal is
warranted here and needs to be here, Lowe's has agreed to pay for the signal.
Alderman Thiel asked if the State was aware that Lowe's was going to pay for the signal.
Mr. Simmons said he didn't know if the highway department was aware of it or not but they
certainly didn't ask them to pay for it.
Mr. Coody said we will see if the highway department will reconsider and we will let the
Highway Department know that Lowe's will pay for the light.
Alderman Jordan asked how much traffic is going through there right now.
Mr. Simmons said about 22,000 cars a day. He said that is a major arterial street.
Alderman Jordan asked how much that was normally geared for.
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.14
City Council Meeting
- May 20, 2003
Page 8 of 17
Mr. Simmons said a street like that can normally carry somewhere in the neighborhood of
30,000.
Alderman Jordan asked how many at Finger Road.
Mr. Simmons said he would get that number for the Council, from memory 3,000 to 4,000 cars a
day.
Alderman Jordan asked what it would be after the Lowe's development goes in.
Mr. Simmons said he would get the Council that information. Mr. Simmons said he would get
Alderman Jordan and Alderman Lucas a copy of the report.
Gary Medley, a resident, said he had some concerns about a topography survey map that was
shown to him that showed a creek in the wrong location. His mother has property near the
development.
Mayor Coody said the Council has not seen the map that Mr. Medley is speaking of.
Mr. Medley showed the location of his mother's property on the map that was presented to the
Council. The map presented to Council was different than the map that he had been shown.
Lance Mills with Ozark Civil Engineering the engineer for this project said he has not had any
discussions. with Mr. Medley.
Mr. Medley said it was the engineering firm that was subcontracted to do the topography survey.
Mr. Mills said their requirements would be to go 100 feet beyond the Lowe's property, if he had
discussion with the surveyor's, they should not have represented themselves as Ozark Civil
Engineers, because they are not engineers. Mr.Mills discussed the drainage planned for the
property.
Alderman Reynolds asked are you moving the creek 170 feet that will make it run through his
mother's house.
Mr. Mills said no.
Barbara Moorman a resident of Finger Road voiced her concern in the development and the
creek located on the property. She asked the Council to look at the big picture, there are
drainage areas, a creek and tree preservation to be considered. The standards that you apply to
Mount Sequoyah should apply to other areas in the City. She also .expressed her concern about
the traffic that exists now and the increase of traffic when this development is completed.
ordinance was left on the first reading.
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/61h Street Shoppes)
Page 3.15
City Council Meeting
June 3, 2003
Page 6 of 20
the world. We need to try to be kind to the construction industry it always makes money for
everyone.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
Ordinance 4489 As Recorded In The Office Of The City Clerk.
C-PZD 03-2.00 (Lowe's Home Center): An ordinance establishing a Commercial Planned
Zoning District titled C-PZD 03-2.00 located at the southwest comer of Finger Road and
Highway 62; amending the official zoning map of the City of Fayetteville; and according to the
Associated Development Project as approved by the Planning Commission. This ordinance was
left on the first reading at the May 20, 2003 City Council meeting.
Mr. Williams, City Attorney, said there were some potential amendments that the Council might
want to consider, one is that Lowe's could not get a certificate of occupancy until the traffic
signal was in fact built. The Highway Department is not authorizing it to be built. So they do
not need a traffic signal until they have customers and they can not have customer because they
can not open until they have a traffic signal. You have some options in relation to the sign issue,
you can if you want to amend or change the conditions that the Planning Commission has
proposed for this. I would urge you to change number 13.
Alderman Davis asked if Lowe's would be willing to put the dollars into escrow since they are
willing to pay for the traffic light, that way when the light is needed we have the money to put
that light in at that point in time.
Mr. Williams said we do have a provision in the Unified Development Ordinance section 158.01
that allows this sort of situation to occur.
Alderman Thiel asked if someone makes the amendment to this the only change would be
section 2, is that correct.
Mr. Williams said yes.
Alderman Thiel moved to accept the amendment to Section 2. Alderman Cook seconded.
Mr. Williams read the section two amendment.
Mayor Coody said we need to separate out the two amendments, the signalization amendment
and the second sign.
Alderman Thiel said she made the amendment together.
Alderman Cook retracted his second to Alderman Thiel's amendment.
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.16
City Council Meeting
June 3, 2003
Page 7 of 20
Mr. Williams said you would just be talking about to change condition 13 to requiring
installation of a traffic signal.
Alderman Davis asked if there was anyone here from Lowe's to tell us if that is doable.
Mark Millis, Lowe's Home Center, said Lowe's is willing to escrow the funds for the traffic
signal if approved by the highway commission. Jack Butt did speak with a representative of the
highway commission and they said the issue would be worked out one wayor another.
Alderman Thiel moved to approve the amendment for the signalization. Alderman Cook
seconded. Upon roll call the motion passed unanimously.
Alderman Thiel said she supports the change with the sign because it complies with our current
sign ordinance. I am not sure why the Planning Commission decided to require something
different than our current sign ordinance. I do not have a problem with using a sign that
complies with our sign ordinance.
Alderman Thiel moved to approve the amendment that the Lowe's sign comply with the
sign ordinance. Alderman Davis seconded.
Mr. Millis said that Lowe's is trying to meet what they thought were the Planning Commission
and Council's request in a monument style sign. He spoke of the problems that the smaller sign
would present. He said when traveling west on Highway 62 you will not see the building. They
felt it was very important for them to have safe signage that would allow people to access the
store without trying to hunt, find, apply brakes and turn around to come back to the store.
Mayor Coody asked if the City Council was willing to amend the request from the Planning
Commission and approve a 20 foot sign. Does the Council want to take Lowe's comprise of a 20
foot tall sign.
A discussion followed.
Alderman Reynolds thanked Lowe's for coming to west Fayetteville.
Alderman Marr thanked Lowe's for coming back with some options. I think the message that I
take from this is that if our sign ordinance allows the type of signs that we were originally talking
about it motivates me to bring through another change to look at different signage requirements.
I think that towns and businesses survive with monument signs and I don't think we need poles
stuck up all over the City. I am going to vote in support of this which I didn't want to do the last
time you were up here because I don't like those kinds of signs, I appreciate you effort. I think
we will need to think about the kinds of signs we have in our City, I do not think a pole sign
determines the success of a business.
A discussion followed.
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.17
City Council Meering
June 3, 2003
Page 8 of 20
Upon roll call the motion passed 7-1-0. Alderman Cook voting nay.
Alderman Davis moved to suspend the rules and go to the second reading. Alderman Marr
seconded. Upon roll call the motion passed unanimously.
Mr. Williams read the ordinance.
Alderman Davis moved to suspend the rules and go to the third and final reading.
Alderman Reynolds seconded. Upon roll call the motion passed unanimously:
Mr. Williams read the ordinance.
Alderman Jordan asked about the traffic count, that area will handle about 36,500 cars.
Mr. Peters said that is correct.
Alderman Jordan said something like 8,000 more trips with Lowe's.
Mr. Peters said we project it will generate about 8,000 trips about 80% of the 8,000 will be new
s, in the neighborhood of 7,000 new trips.
Mayor Coody asked shall the ordinance pass. Upon roll call the ordinance passed
unanimously.
ance 4490 As Recorded In The Office Of The City Clerk.
NEW BUS S:
Tech Logic Corpora
bidding and approving a co
the purchase of an automated con
An ordinance waiving the requirements of formal competitive
with Tech Logic Corporation in the amount of $395,632.00 for
, check-in and sorting system for the New Public Library.
Alderman Davis moved to suspend the ru
and go to the second reading. Alderman Marr
seconded. Upon roll call the motion passed unously.
Mr. Williams read the ordinance.
Louise Shaper, City Library said this would allow the Library to have . • rive
new building which is what the public has voiced their desire for. Tin
automatically check in all the books that are returned to the Library, the pay
years and the cost avoidance in terms of future needs for staff is apparent as
books back on the shelves quicker and making them available to the public more
u
ill
ok drop in the
also . low us to
ck is un. r four
11 as ge 'ng
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apt
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May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6t" Street Shoppes)
Page 3.18
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St
Fayetteville, AR 72701
C-PZD 03-0200
Page I
PC Meeting of April 28, 2003
Lowes, C-PZD
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP, Zoning and Development Administrator
FROM: Sara Edwards, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: April 24, 2003
Project: C-PZD 03-2.00: Planned Zoning District (Lowe's, 557/596) was submitted by Lance
Mills of Ozark Civil Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property
located at the southwest corner of Finger Road and Highway 62. The property is zoned C-2,
Thoroughfare Commercial, R -O, Residential Office, and R-2, Medium Density Residential
containing approximately 21.53 acres. The request is for a Commercial Planned Zoning District
for a Lowes Home Center containing 13.9 acres (133,532 sq.ft. building) and a retail lot
containing 6.05 acres (53,876 sq ft building) with lot splits to create a 1.3 acre parcel and a 4.59
acres parcel of tree preservation.
Findings:
Proposal: The proposal is for a Commercial Planned Zoning District for a Lowe's Home Center
containing 13.9 acres (133,532 sq. ft. building) and a retail outlet containing 7.9 acres with
53,876 square feet of retail space. There is a lot being split with this PZD which is lot 2B to be
developed later. There are 4.59 acres of tree preservation proposed.
Parking: Lowe's: 598 spaces
Retail: 304 Spaces
Existing Development: None
Surrounding Zoning:. North: A-1
South: R-1
East: C-2
West: R-0
Surrounding Land Use:
North: Retail and Agriculture
South: Residential
East: Retail
West: None
Water: A 12" water line running east to west along Sixth Street
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6th Street Shoppes)
Page 3.19
C-PZD 0342.00
Paget
Sewer: A 8" Sanitary Sewer line running east to west along Sixth Street
Right-of-way being dedicated: 55' of Right of Way is being proposed along Sixth Street
Street Improvements Proposed: None
Adjacent Master Street Plan Streets: Sixth Street is a principle arterial and requires 110' of
Right of Way.
Site Coverage: 84%
Tree Preservation: 4.59 acres of off-site tree preservation is being proposed.
Existing canopy: 69%
Preserved canopy: 15%
Required in C-2 zone: 15%
Other: Off site detention is proposed. The proposal is for a regional detention pond to the south
of the property being purchased by Lowes, which will serve this development as well as
future development.
Wetland mitigation is proposed offsite and has been approved by the Corp of Engineers.
Recommendation: Forward to City Council with recommendation of approval of the
requested rezoning.
Planning Commission approval of the proposed development subject to
the conditions listed below.
Conditions of Approval:
1 An ordinance creating this C-PZD shall be approved by City Council.
2 Covenants shall be filed which provide for maintenance of parking areas and greenspace.
3. All signage proposed on site shall comply with Chapter 174, Signs of the Unified
Development Ordinance and shall be permitted accordingly.
4. Planning Commission determination of the requested waiver to allow for parking spaces
wider than nine feet. The request is for several 10 foot wide spaces to accommodate
contractor parking.
Planning Commission determination of the requested waiver to allow for aisles wider
than 24 feet in width. The proposal is for aisles up to 55 feet to accommodate truck
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6`" Street Shoppes)
Page 3.20
C-PZD 03-02.00
"-3
traffic.
6. Planning Commission determination of requested waiver from the requirement of a
landscape island along the front of the building.
7. ADA spaces shall be redistributed along the retail stores.
8.
9. Sidewalk fees in the amount of $12,394.62 in lieu of sidewalk construction along the tree
preservation areas. Staff is recommending that a fee be assessed in lieu of construction to
avoid tree removal in these areas.
10. A continuous planting of shrubs is required adjacent to parking lots along the right of
ways.
11. The off-site tree preservation easement must be filed prior to issuance of any permits for
the proposed project.
12. Large scale development approval is required for development of lot 2B.
13. A traffic signal shall be installed at the developer's expenseprior to any occupancy
permit. This shall be subject to the Arkansas Highway and Transportation Department
approval and staff review.
14. Street lights shall be installed along the south side of Sixth Street every 300 feet at the
developer's expense. The street lights shall be a minimum 250 watt full cut off fixture.
15. All utilities shall be placed underground.
16. Right-of-way shall be dimensioned from centerline and include a minimum of 55 feet
from centerline along Sixth Street and a minimum 25 feet from centerline along Finger
Road.
17. Merchandise display shall be limited to that which may be displayed on the sidewalkin
front of the building. No merchandise display shall be allowed within the designated
parking areas unless prior approval is obtained by the Planning Division who will verify
that the required number of spaces are maintained and adequate traffic flow is
maintained.
18. Covenants shall be submitted in accordance with § 166.06 of the Unified Development
Ordinance prior to building permit.
19. The developer shall erect at the entrance of Sherman Way a rectangular sign, not
exceeding 24 inches by 12 inches, designating the street a "private street" which shall be
clearly visible to motor vehicular traffic.
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6'h Street Shoppes)
Page 3.21
C-PZD 03-02.00
Page 4
20. Planning Commission determination of compliance with Commercial Design Standards
including signage.
SIGNAGE: The wall sign does not comply with the sign ordinance as proposed. The
ordinance prohibits signs extending more than 18 inches above roof level. The applicant
is requesting the sign to extend 46.25 inches above the roof. Board of Sign Appeals
approval will be required for this variance from the sign ordinance.
There are two freestanding signs proposed. The Lowe's sign is a 30 foot tall pole sign
which exceeds the maximum square footage. Staff recommends the sign be reduced to 75
square feet in order to comply with the sign ordinance. An area identification sign is
proposed on Lot 2B which meets ordinance requirements.
§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
2. Construction and appearance design standards for commercial structures.
a. A commercial structure or development shall be designed to avoid or
minimize the elements set forth in D.1. above.
b. A commercial development which contains more than one building should
incorporate a recurring, unifying, and identifiable theme for the entire
development site.
c. A development should provide compatibility and transition between
adjoining developments.
Standard Conditions of Approval:
21. 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)
22. 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.
May 23, 2005
Planning Commission
ADM 05-1530 (Lowe's C-PZD/6`" Street Shoppes)
Page 3.22