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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 photiVittraWill955 5201 Village Parkway, Suite 300 Planning,Gol7all gtilia4 Rogers, Arkansas 7275$SDM 05-1530 (Lowe's C-P4g/,igh waw website - www.ljagt3t6n. 001 AV M AAA g / LIE 2005 ssion s) $3:6 . 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 01111111111011111k n 01I1I I111I101I I I1 k OIIIIII011111111I41 �CIIIIIIII10111111 V.)1111110111111111 11011110 °JIIIIIIIl0 kJ 11111111011'111 1111110 °JIIIIIIIN1101111I0 May 23, 2005 ng Commission ADM 05-1530 (Lowe's C-PZD/6L".Street Shoppes) Page 3.8 P. E 5n•RM E = �T3aa3€8/►. L.L a co : 068-48£ (OLZ) :Hd LNVONMNVM/3uILLJLpUMY N2ibd b��in INEINMO-E1A3C1 itaal �� Mild MIS Q3S0dOHd 01111111111011111k n 01I1I I111I101I I I1 k OIIIIII011111111I41 �CIIIIIIII10111111 V.)1111110111111111 11011110 °JIIIIIIIl0 kJ 11111111011'111 1111110 °JIIIIIIIN1101111I0 May 23, 2005 ng Commission ADM 05-1530 (Lowe's C-PZD/6L".Street Shoppes) Page 3.8 P. E 5n•RM E = �T3aa3€8/►. L.L a co : 01111111111011111k n 01I1I I111I101I I I1 k OIIIIII011111111I41 �CIIIIIIII10111111 V.)1111110111111111 11011110 °JIIIIIIIl0 kJ 11111111011'111 1111110 °JIIIIIIIN1101111I0 May 23, 2005 ng Commission 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 • apt • 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