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HomeMy WebLinkAbout2005-09-26 - Agendas - FinalTHE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain SI. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 26, 2005, 5:30 p.m. Room 219, City Administration Building The following items will he considered: Approval of minutes from the July 11, 2005, July 25, 2005 and August 22, 2005 meetings. Consent: 1. LSD 05-1700: Large Scale Development (KITCHEN DISTRIBUTORS, 367): Submitted by LANCE JOBE for property located at 521 W ASH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.01 acres. The request is to approve a 1,273 s.f. expansion of the existing business. Property Owner: DAVID ALBERT Planner: JESSE FULCHER 2. ADM 05-1741: (Theta Tau Fraternity) Submitted by David Lillich for property located at 1322 W. CLEVELAND AVENUE. The property is zoned RMF -24, MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 1.93 acres. The request is to extend the approval of the Large Scale Development, LSD 04-1128. Planner: ANDREW GARNER Old Business: 3. LSD 05-1615: Large Scale Development (BASSETT FURNITURE DIRECT, 212): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 6 OF CMN II PHASE I, NW OF STEELE BLVD AND SHILOH DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to approve a 22,500 s.f commercial retail development with 72 parking spaces. Property Owner: CHARLOTTE STEELE Planner: ANDREW GARNER Property Owner: MARJORIE BROOKS New Business: 4. RZN 05-1707: (CURRY, 482): Submitted by KEVIN CURRY for property located at 1501 W HOTZ DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.40 acres. The request is to rezone the subject property to RMF -24, Residential Multi -Family, 24 units per acre. Property Owner: DAVE ELLIS Planner: SUZANNE MORGAN THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED 5. ADM 05-1742: (Rupple Rd. MSP Amendment) Submitted by Jorgensen Associates requesting a master Street Amendment for Rupple Road in the manner indicated. Planner: JEREMY PATE 6. ADM 05-1743: (Boomerang Carwash) The property is located at 3108 Wedington Dr. and is zoned C-2, Thoroughfare Commercial. The property is within the Design Overlay District and contains approximately 1.30 acres. The request is to allow content other than the name of the business on the proposed monument sign. Planner: JESSE FULCHER 7. ADM 05-1744: (Walnut Crossing R-PZD) Submitted by Kim Hesse of Rausch Coleman Homes. The request is for a minor modification of the side setbacks in the approved Planned Zoning District plans. Planner: JEREMY PATE 8. PPL 05-1697: Preliminary Plat (BIELLA ESTATES, 448/449): Submitted by 1-12 ENGINEERING, INC. for property located at HWY 265, WEST TO THE TOP OF MOUNT SEQUOYAH AND ROCKWOOD TRAIL. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 119.41 acres. The request is to approve the preliminary plat of a residential subdivision with 101 single family dwellings on 79.70 acres, parkland donation on 27.18 acres, parkland dedication on 2.5 acres, and a single lot available for future development on 10.03 acres. Property Owner: BARBER DEVELOPMENT Planner: ANDREW GARNER 9. PPL 05-1699: Preliminary Plat (WATER BROOK II, 571): Submitted by MEL MILHOLLAND for property located at N OF PHASE I AND HWY 16E, W OF DEERFIELD WAY. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 10.95 acres. The request is to approve Phase II of a residential subdivision with 21 single family lots proposed. Property Owner: CLINT MCDONALD Planner: ANDREW GARNER 10. CUP 05-1708: (LEARNING CENTER, 176): Submitted by JAMES THOMPSON for property located at 2566 E JOYCE BLVD., BLDG. 'C'. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.94 acres. The request is to approve a child care and learning center with 6,445 s.f. of floor space, and required outdoor play space. Property Owner: M&S REAL ESTATE Submitted on behalf of: BEVERLY MARSHALL Submitted on behalf of: LEE SCHMIDT Planner: SUZANNE MORGAN 11. CUP 05-1709: (OLD SOUL ORGANICS, 371): Submitted by BRANDON COCHRAN for property located at 1771 CROSSOVER RD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.29 acres. The request is to approve a 3,200 s.f wholesale food distribution facility, an industrial use in a commercial zone. Property Owner: DANNY VILLINES Planner: SUZANNE MORGAN 12. CUP 05-1710: (LESHA SHAVER, 368): Submitted by LESHA SHAVER for property located at 2180 N COLLEGE AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is to approve a home occupation for a bindery or book repair service. Property Owner: JB HAYS Planner: JESSE FULCHER 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 PC Meeting of September 26, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 19, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 05-1700: Large Scale Development (KITCHEN DISTRIBUTORS, 367): Submitted by LANCE JOBE for property located at 521 W ASH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.01 acres. The request is to approve a 10,000 s.f expansion of the existing business. Owner: DAVID ALBERT Planner: JESSE FULCHER BACKGROUND: Property description: The subject property contains 1.01 acres and is located along W. Ash St, south of W. Poplar St. As depicted in Table 1, surrounding properties are all zoned I-1, Heavy Commercial/ Light Industrial. This area has various businesses, including a self -storage facility located to the north and east, auto repair shops and a trucking facility across the street. Table 1 Surroundine Land Use and Zonin Direction Land Use Zoning North Trucking business I-1, Heavy Commercial/Light Industrial South Office building I-1, Heavy Commercial/Light Industrial East Kitchen Distributors I-1, Heavy Commercial/Light Industrial West Vacant skating rink I-1, Heavy Commercial/Light Industrial Proposal: The applicant proposes a warehouse expansion of 10,000 square -feet to an existing 5,200 square -feet of office space and an existing 2,090 square -feet of manufacturing area. There are currently 7 existing parking spaces with 11 proposed parking spaces, for a total of 18 spaces proposed. As required by Chapter 172.08: All parking lots and/or parking areas which were in existence prior to the effective date of this ordinance may continue in a nonconforming state until such time as the following shall occur: (A) Rehabilitation. A building permit is granted to rehabilitate a structure on the property exceeding 50% of the current replacement cost of the structure. At such time, 50% of the K:IReports120051PC Reportr109-26-051LSD 05-1700 (KITCHENDISTRIBUTORS).doc September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 1 of 16 existing parking lot use area shall be required to be brought into compliance with the provisions of this ordinance. This shall continue on a graduated scale in accordance with the percentage of rehabilitation cost; and/or (B) Enlargement or reconstruction. A building permit is granted to enlarge or reconstruct a structure on the property exceeding 10% of its existing gross floor area. At such time 10% of the existing parking lot and/or parking lot area shall be brought into compliance with the provisions of this section. This shall be on a graduated scale until reaching 100% of the required landscaping; and/or (C) New curb cut. A new curb cut permit is granted for the nonconforming parking lot. At such time the parking lot and/or parking area shall be required to be brought into compliance with the provisions of this ordinance. The request is for an addition that would exceed 100% of the existing gross floor area, therefore the existing parking lot and/or parking lot area shall be brought into compliance with the provisions of this section. Unfortunately, existing site conditions preclude the applicant from accomplishing all such required improvements without creating additional nonconformities. Specifically, the requirement for a 15' landscape island along the right-of-way and a 24' wide drive isle. Staff has worked with the applicant to achieve as many of the requirements of Chapter 172.08 as feasible, without creating additional violations of the Unified Development Code. Request: The request is for Large Scale Development approval of the submitted site plans for the proposed warehouse expansion. Right-of-way being dedicated: Right-of-way is to be dedicated on W. Ash St. in accordance with the Master Street Plan. Street Improvements: Construction of a 6 -foot sidewalk at the right-of-way line adjacent to the subject property and installation of street lights in compliance with the ordinance. Parking Ratio: As shown in Table 2, parking for the existing structure and the proposed expansion meet City requirements. Table 2 Proposed Parkin Use Square Feet Ratio Required Spaces Permitted Number of Spaces Under Requirement 30%)Proposed Total # Office 5,200 1/300 sq. 17 12 17 Manufacturi ng 2,090 1/1,200 fsq 2 1 Warehouse 10,000 1/2,000 sq. ft. 5 4 Total Required vs. Total Proposed @ 30% Reduction 24 17 K:IReports12005IPC Reparts109-26-051LSD 05-1700 (KITCHEN DISTRIBUTORS).doc September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 2 of 16 Adjacent Master Street Plan Streets: N. Chestnut Ave. and N. Birch Ave., both Local Streets Water/Sewer: Water and sewer are available to the site. Tree Preservation: Existing: 1.43% Preserved: 0.71% Mitigation: Required, (2) 2 -inch caliper large species trees on-site Recommendation: Staff recommends forwarding LSD 05-1700 to the Planning Commission with the following conditions: Conditions of Approval: 1. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. 2. Planning Commission determination of a landscape waiver request. Staff supports the request to allow for less than the required 15' of landscaping along the front property line in the middle landscape island. Requiring this improvement would create additional nonconformities. 3. A six-foot sidewalk shall be constructed adjacent to the subject property in compliance with the Master Street Plan and tie into the existing sidewalk to the east. 4. Right-of-way dedication for a total 25' from centerline of Ash St. shall be dedicated per this plat. 5. Trash enclosures shall be screened with access not visible from the street, with materials that are complementary to and compatible with the proposed building. Access to the enclosure(s) shall not be visible from the street. 6. All mechanical/utility equipment (roof and ground mounted) shall be screened from view using materials that are compatible with and incorporated into the structure. 7. The Large Scale Development shall comply with the Lighting Ordinance. If additional lighting is proposed, a lighting plan and cut-off sheet shall be submitted pursuant to city ordinance in order to determine compliance. 8. Mitigation of 2 large tree species shall be required and shown on plat with final revisions. 9. Medium and/or large tree species shall be coordinated and approved by the Urban Forester for the required landscaping areas along the right-of-way. Please see landscape manual for options. The site plan still states that the species are to be Redbud, but the legend states Little Leaf Linden. Little Leaf Linden is an acceptable species for the landscape area along the right-of-way. K:IReports12005117C Reports109-26-051LSD 05-1700 (KITCHENDISTRIBUTORS).doc September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 3 of 16 10. The following revisions shall be made to the plat: a. Include Plat Page #367 either in or near the title block. b. See comments # 8 & # 9. Standard Conditions of Approval: 11. 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). 12. 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. 13. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 14. Large scale development shall be valid for one calendar year. 15. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits. b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions. e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Additional conditions: a. c K:I2eports120051PC Reporu109-26-051LSD 05-1700 (KITCHENDISTRIBUTORS).doc September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 4 of 16 Subdivision Committee Action: ❑ Approval D Forwarded to P.C. Meeting Date: September 26, 2005 Comments: 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 Date K: I Reports 170051 PC Reports 109-26-051 LSD 05-1700 (KITCHEN DISTRIB UTORS). doc September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 5 of 16 *icygle PC Meeting of September 26, 2005 THE CITY OF FAYETTEVILLE, ARKANSAS TREE PRESERVATION and PROTECTION REPORT 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: Fayetteville Subdivision Committee From: Sarah K. Patterson, Urban Forester Date: September 20, 2005 ITEM #: LSD 05-1700: Large Scale Development (Kitchen Distributors) Requirements Submitted: T Initial Review with the Landscape Administrator T Site Analysis Map Submitted T Site Analysis Written Report Submitted T Complete Tree Preservation Plan Submitted Canopy Measurements: FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site contains two trees neither which are significant. The species are less desirable and have volunteered themselves in the area. September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 6 of 16 acres 1.01 square feet 43,985 0.014 acres square feet 630 sercent of site area 1.43% acres 0.007 square feet 314 percent of total site area o.71% >f)i 1.43% ®ion•- e FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site contains two trees neither which are significant. The species are less desirable and have volunteered themselves in the area. September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 6 of 16 The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation should not occur due to the removal of the one tree proposed. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. • The adjacent properties should not be affected by the removal of the one tree. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • N/A Whether the size or shape of the lot reduces the flexibility of the design. • The size and shape of the lot does not reduce the flexibility of design. The concept is to add on to an existing building which will cause some design inabilities. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of all groups of trees on this site is fair to poor. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • The tree to be removed is along the property line and unfortunately in the area where a parking lot will be required. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • The remaining tree happens to fall on an underground telephone line. Should this line to the building ever need repair, the preserved tree may be jeopardized. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • NA Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • On-site mitigation will improve this site. There is little canopy cover to begin with so any additions are encouraged. The effect other chapters of the UDC, and departmental regulations have on the September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 7 of 16 development design. • N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • N/A The impact a substantial modification or rejection of the application would have on the Applicant: • Staff is recommending approval of the submitted Tree Preservation Plan. Recommendation: Staff recommends approval of the submitted Tree Preservation Plan associated with LSD 05-1700, with the following conditions: 1. Based on the submitted calculations, the developer shall be responsible for on- site mitigation to meet the Tree Preservation ordinance, in the amount of (2) 2 - inch caliper large species trees, in excess of the required landscape trees. 2. Mitigation trees are typically large species shade trees. Please locate these trees on-site and label them as mitigation trees. 3. These two mitigation trees will require a 3 year maintenance bond in the amount of $500 dollars. A letter of credit for this amount shall be submitted to the City for approval before the issuance of a building permit. After three years the trees will be inspected. If 9o% are found to be healthy the bond shall be returned. September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 8 of 16 FAYETTEVILLE FIRE DEPARTMENT Office of the Fire Marshal Plat Review Worksheet Plat Name: LSD 00-1700 Kitchen Distributor) Occupancy Classification: Mixed Reviewed by: Battalion chief Kyle S. Curry Date: September 09, 2005 l� 27Qapable of supporting at least 75,000 pounds AFCD102.1 rL-L�],,/Access roads have a minimum width of 20 feet AFC 503.2.1 ❑ Buildings over 30 feet in height have access for aerial apparatus AFC D105.1 ❑ Access roads for aerial apparatus have a minimum width of 26 feet AFC D105.2 ❑ At least one aerial access located within 15 feet (minimum) to 30 feet (maximum) from structure AFC D105.3 ❑ "Dead End" access roads in excess of 150 feet have appropriate turnaround provisions AFC D103.4 ❑ Gated access has a minimum width of 20 feet AFC D103.5 ❑ Means of securing gates be approved by Office of the Fire Marshal AFCDI03.5 ❑ "Fire Lanes" 20 — 26 feet in width marked on both sides of lane AFCD103.6.1 ❑ "Fire Lanes" greater than 26 feet in width marked on one side of lane AFC D103.6.2 ❑ "Fire Lanes" have a minimum width of 26 feet (turnout) at hydrant location AFCDI03.1 ❑ Multiple Family Residential with more than 100 dwelling units equipped with two separate access roads AFC D106.1 ❑ One- or Two -Family dwelling developments with more than 30 units equipped with two separate access roads AFCD107.1 HYDRANTS ❑ Maximum distance between hydrants - 500 feet (fire flow requirement of 1750 gpm) AFC C105 ❑ Maximum distance between hydrants - AFC CI05 ❑ Dedicated hydrant within 100 feet of Fire Department Connection NFPA 13 (fire flow requirement of gpm) September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 9 of 16 FIRE P J 'I CTION SYSTEMS Sprinkler system required AFC Ch. 9 ❑ Hood system required AFC 609 and Ch. 9 tandpipe system required AFC Ch. 9 Fire Alarm and Detection system required AFC Ch. 9 1 Smoke and Heat Vents required AFC Ch. 9 Ufl Fire Department Connections "free standing" (height of building + 15%) in area that is visible and designated to what structure it supplies AFC Ch. 9/Requirement of F.F.D. ❑ Fire Pump required GENERAL ❑ Address numbers, names, and designations readily visible from street or frontage AFC 505 ❑ Knox -Box or Knox Switch required AFC 506 ❑ Fire Command Center required AFC 509 COMMENTS * "Concrete Pad" located at south west corner of structure will need to be shortened in order to allow for access to rear of structure * Will locate FDC at a later time 303 W. Center St. Fayetteville, Alt 72701 (479) 718-7639 September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 10 of 16 September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 11 of 16 LSD05-1700 Close Up View KITCHEN DISTRIBUTORS 2741r-.74 -wmasweef „atatts MESM2MS)EaMerin glati5e),KASSRaW).0,M nelknetWeliMitereSAWSete g4:),4W2ft.MOSS (g)34)(ex •),):MW,). Legend ccroc;), Overlay District FLOODWAY 500 EAR — 100 YEAR --- LIMI OF STUDY — — • BSS Line Profile C F.1 etteville de City ME LS • I 5-1700 stets 300 450 600 Feet September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) A enda Item 1 age 0 KITCHEN DISTRIBUTORS I LADE > 3 OI IWEYrQr MEADS MEAOEI §1 ml 1 IBOWERS PRINCF 37 CaT_T_S1T 1 --_ 1 CA O _ _ CASSAf 5T j. AATT SS -T STRA DR IREYNOLDS STRANCEDIR w --. ¢1 a o N KNAPPP ST- WISE �._Y I Nu 0' > >r o N of a YI aril GARRErT DR NI'. GARREXT DR -:..K 1. 5R 01 -l RMF -24 SiJI y—` _.w y. RMF -24 r– ..)>( lir F RMF -24 '.RMF -24 IRMF�l41AI� /:> -77 R-0 C-2 RSF4 - 0-2 R -O RSF-4 24 2a, RMF -4O RSF-4 APP ST L RSF4. RSF4 RSF-4 RMF -24 DEA S RMF-. RSRA RSF-4 RSFd i RSF4 RT.12 RT -12: RSF4 RSF4:' T A RMF 24 1 ICKORY 5T RMFi[4 2 RMF 24 RMF- RSF4 '. �MFz4i { R4 T�1 LRLN' 52 JNA'— 4�s P-1 '- RSF-4 RSF-4 I] RSF4 4 . i1 RSF-4. RSF4, H riSk;4; I'�,1 R-0 C$ RSF-4 1 f F C Z RSF4 I- lwi C- Overview Legend Subject Property LSD05-1700 Boundary Planning Area dim,00te ° Overlay District 00 U0 Outside City Legend 0 0.129.25 0.5 0.75 1 IM M September 26, 20( 5 pc Planning Commission 60.175-1700 (Kitchen Distributor >) Agoana Ifarn.1 Page 15 of 16 September 26, 2005 Planning Commission LSD 05-1700 (Kitchen Distributors) Agenda Item 1 Page 16 of 16 . i1k ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 26, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 21, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 05-1741: Administrative Item (Theta Tau House LSD Extension, 443): Submitted by Dave Lillich for property located at 1322 WEST CLEVELAND AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.93 acres. The request is to extend the approval of the Large Scale Development, LSD 04-1128 (Theta Tau Fraternity House). Property Owner: UPSILON HOUSE CORPORATION OF THETA TAU Planner: ANDREW GARNER BACKGROITND Property Description: 1.93 -acre subject property is currently the site of an existing wood frame house, serving as the fraternity house for Upsilon House Corporation of Theta Tau. The property is located on Cleveland Street, surrounded by single family homes and University of Arkansas property. The property is zoned RMF -24, Residential Multi -family, 24 DU/Acre, in which a fraternity house developed in this manner (Use Unit 26, Multi -family dwellings) is a use permitted by right. Background: The Large Scale Development for the project was approved on September 27, 2004 to construct a new 6,000 square -foot building with 12 rooms and 26 parking spaces. The applicant has submitted all required fees and initial construction plans to obtain grading, drainage, and building permit approvals for all of the construction for the subject property. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on September 27, 2006. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. If the permits are not issued prior to September 27, 2006, all of the approved plans for the project shall be rendered null and void. 1<:IReports120051PC Reports109-26-051ADM 05-1741 (Theta Tau Fraternity).doc September 26, 2005 Planning Commission ADM 05-1741 (Theta Tau House) Agenda Item 2 Page 1 of 6 RECOMMENDATION Planning Staff recommends approval of ADM 05-1741, the requested extension to the LSD 04-1128, with the following conditions: 1. The applicant shall be allowed until September 27, 2006 to receive all required building permits. If, at this time, all permits required have not been issued, appropriate actions to revoke the Large Scale Development approval shall be taken. 2. The proposed development shall comply with the recently adopted Lighting Ordinance for the City of Fayetteville. 3. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend approval of a large scale development one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the extention prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request prior to the one year time limit. The City Planning Division received the request on September 14, 2005, 13 days prior to the one year time limit ending on September 27, 2005. (2) The applicant has been working to fulfill conditions of approval and obtain required building permits. The applicant discussed financial contraints that slowed the construction of this project, and is in the process of providing remaining items requested by the City needed to obtain required building permits. An ordinance amendments adopting outdoor lighting ordinance has been adopted since the Planning Commission approval of this project on July 26, 2005. Appropriate conditions have been added to ensure compliance with this new ordinance requirement. The UDC allows a three year period from the date of issuance of a building permit to the receipt of a final Certificate of Occupancy. K: IReports120051PC Reports109-26-05IADM 05-1741 (Theta Tau Frateraity).doc September 26, 2005 Planning Commission ADM 05-1741 (Theta Tau House) Agenda Item 2 Page 2 of 6 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. K:1Repor&s120051PC Reports109-26-051ADM05-1741 (Theta Tau Fraterniry).dac (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a Building Permit. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a Building Permit or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. September 26, 2005 Planning Commission ADM 05-1741 (Theta Tau House) Agenda Item 2 Page 3 of 6 Dave Label' Construction Co., Inc. 116 S. Broadway Siloam Springs, Alt 72761 Telephone 479-549.4122 Fax 479-549-4231 September 14, 2003 Fayetteville Planning Commission 113 Mountain Street Fayetteville, AR Re: Theta Tau Fraternity House 1322 Cleveland Dear Planning Commission: We are requesting an extension for the large scale planning and zoning approval for the Theta Tau Fraternity House. We need this extension because the owners just recently secured financing and are now ready to start the project Your consideration for this extension would be greatly appreciated. Sincerely, 11,//,, Dave Lillich President DEL/bf September 26,2005 ADMnning 05-174P11 5-1741 Pla(Theta TauCommission House) Agenda Item 2 Page 4 of 6 LSD04-1128 One Mile View THETA TAU HOUSE wit.1,1& Overview Legend Subject Property gffl LS004-1128 Streets ��'N.. E%144ng NWL panned Boundary r \_, Planning Area e `°°a Oveday District °o0 oo0 Outside City. 0 0.1 0.2 0.4 Master Street Plan ' freew+YhlPrettway 4 Pnndpal Menial qy MmorMe.ia 4.4., Collector 10%. listaric Cotlector 0.6 0. Iles September 26, 200 Planning Commissio ADM 05-1741 (Theta Tau House gena Item 2 Page 5 of 6 SUNSETPL 11 —;-‘1 ff 1 ! 1 1 11 1 • . =gent, t RSF-4 ! i 1 1 I i 1 I 1 i 1 i I M II l . I J. I i ! 4.4_ st 1--------",, itoI "ntotte711s . I JUItteannej..___1.0-0 ----- ___ I it 111 I - • -• lid/ RSE-4 , Overview P-1 PRIVATE OR Lopnit Master Street Platy Assn Minor Arterial — INITEM Master Street Plan —Collector - - Eam Freeway/Expressway ••• Historic Collector talMILSD04-1128 Ewa Principal Arterial 1=1Fayetteville 06E1.-bu-ar 0 75 '150 300 450 600 Feet September 26, 2005 Planning Commission AbM 05-1741 (Theta Tau House) Page 6 of 6 . ttevIlle SAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 26, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: September 19, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 05-1615: Large Scale Development (BASSETT FURNITURE DIRECT, 212): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 6 OF CMN II PHASE I, NORTHWEST OF STEELE BOULEVARD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to approve a 22,809 square foot commercial retail development with 51 parking spaces proposed. Property Owner: CHARLOTTE STEELE Property Owner: MARJORIE BROOKS Planner: ANDREW GARNER Findings: Background: At the August 11, 2005 Subdivision Committee meeting, a lot split for this project was approved to divide Lot 6 into three parcels consisting of 1.93, 6.31, and 3.21 acres. The proposed project is located on the newly created Lot 6B, the 1.93 -acre lot. The Large Scale Development for this project was tabled at the September 12, 2005 Planning Commission meeting because the Planning Commission felt the project did not address commercial design standards as requested at the September 1, 2005 Subdivision Committee meeting. Property: The subject property contains one 11.45 -acre parcel identified as Lot 6 of CMN Business Park II Phase I, and is zoned C-1 Neighborhood Commercial. The site is located on Steel Boulevard between Shiloh Drive and Van Ashe Drive and is within the Design Overlay District. The proposed Bassett Furniture store would be located on the newly created Lot 6B, the 1.93 -acre lot. K: IReports120051PC Reports109-26-051LSD 05-1615 (Bassett Furniture Direct).doc September 26, 2005 Planning Commission LSD 05-1615 (Bassett Furniture Direct) Agenda Item 3 Page 1 of 22 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North Undeveloped lot C-1, Neighborhood Commercial South I-540 Transportation Corridor; Mixed use commercial R -O, Residential Office. East Target C-2, Thoroughfare Commercial West Residential (Centerbrook Subdivision) RSF-4, Residential Single Family Four Units/Acre Proposal: The applicant proposes to construct a 22,809 square foot furniture store with 51 parking spaces. The site will share access driveways with the currently undeveloped lots to the north and south. Request: The request is for Large Scale Development approval of the submitted site plans for the proposed commercial development. Right-of-way/Street improvements.: No right-of-way is required to be dedicated, as there is a sufficient amount existing from centerline of Steele Boulevard, a Minor Arterial Street. The applicant is proposing a pedestrian access from Steele Boulevard to the site. Adjacent Master Street Plan Streets: Steele Boulevard (Minor Arterial). Water/Sewer: Water and sewer are available to the site and will be extended to the facility. Tree Preservation: Waived. There are no trees on this site affected by the proposed development. Design Overlay District: Greenspace: The applicant has complied with the 25' greenspace requirement along all rights-of-way within the Design Overlay District. Signage: A monument sign has been depicted on the plat but not on the elevations. • Curb Cuts: The applicant has complied with the curb cut requirements for a minimum of 250' from an intersection. The applicant has not complied with the curb cut requirements for a minimum of 200' between curb cuts. The northern and southern curb cuts on Steele Boulevard are approximately 190' apart. A written waiver request has been submitted to Planning staff and is included with this report. Planning Commission determination of this waiver request is included as a condition of approval. K: IReports120051PC Reports109-26-051LSD 05-1615 (Bassett Furniture Direct).doc September 26, 2005 Planning Commission LSD 05-1615 (Bassett Furniture Direct) Agenda Item 3 Page 2 of 22 • Lighting: A note has been added to the plat indicating compliance with this requirement. Exterior Appearance: • Building Material: Elevations have been submitted for all four sides of the building. Planning Commission determination of architectural treatment of fronts, along with Commercial Design Standards, is required. A materials sample board has been submitted for review. • Site Coverage: The plat indicates site coverage in compliance with this requirement. Fencing: N/A • Outdoor Storage: N/A Access: Pedestrian access from the street to the entrance of the structure by way of a designated walk has been provided. Bicycle racks are to be provided for multi -modal access. Recommendation: Staff recommends approval of LSD 05-1615 with the following conditions: Conditions of Approval: 1. Planning Commission determination of Commercial Design Standards and compatibility with the surrounding commercial developments. Staff finds that the revised building elevations meet commercial design standards. 2. Planning Commission determination of a curb cut waiver to allow a distance of 189.7' between the northern and southern curb cuts when 200' is required. Staff finds that the curb cut as proposed is appropriate given that: (a) it lines up with the curb cut into Target across the street; (b) it would only be a waiver of approximately 10'; and (c) it would not create or compound a dangerous traffic or access situation. 3. The lot split for creation of Lot 6C shall be filed prior to issuance of building permit. 4. As a condition of approval for the lot split, access to the newly created Lot 6C was limited to the shared access easement along the northern property line, and shall apply to the Large Scale Development. 5. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. 6. Trash enclosures and trash compactor shall be screened with access not visible from the street. The trash enclosures and trash compactor shall be constructed with K:I12eports20051PC Reportsl09-26-051LSD 05-1615 (Bassett Furniture Direcl.doc September 26, 2005 Planning Commission LSD 05-1615 (Bassett Furniture Direct) Agenda Item 3 Page 3 of 22 materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Planning Commission determination of appropriate location for the trash enclosure. The trash enclosure is located within a 20' utility easement on the northwest corner of the property. Staff finds that it is appropriate to leave the trash enclosure in the location in the utility easement. However the Solid Waste Division requests that the container be relocated north to allow trucks to have a straight approach to the dumpster. Section 166.12 of the UDC specifies that no portion of any structure shall be built over any public utility easement. However due to the nature of the lot, the northwest area of the site in the utility easement is the ideal area to allow for desired traffic flow of services vehicles around the proposed building. Water and sewer for the site would be connected from the front of the site off Steele Boulevard and would not require use of the utility easement. The applicant has stated that other utility providers have approved the proposed location. Staff recommends the following conditions in order to allow the trash enclosure in the utility easement: a. The applicant may be required to remove the structure at their own expense if requested by utility companies. b. The applicant shall install 4" conduits under the trash enclosure to allow for electric, cable, gas, and telephone utilities. c. Add a note on the plat stating that all utility providers have given approval of the trash enclosure location on the easement, and show the type/location of the conduit. d The trash enclosure shall be shown on the easement plat for sign -off by utility companies. 8. All freestanding and wall signs shall comply with Design Overlay District and Commercial Design Standards and other ordinance specifications for location, size, type, number, etc. 9. The Large Scale Development shall comply with the Lighting Ordinance which may result in the removal of some lights. A lighting plan and details shall be submitted pursuant to city ordinance in order to determine compliance. 10. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 11. Provide a detail drawing on the masonry wall. Per the requirements for the Final Plat for CMN Business Park, the materials used for this wall shall be consistent and compatible with the materials used for the building construction. It should be noted that as this is the first section of wall, the material or similar material used for this wall will be used for other sections of the wall as other developments are constructed K: IReports120051PC Reports109-26-051LSD 05-1615 (Bassett Furniture Direct).doc September 26, 2005 Planning Commission LSD 05-1615 (Bassett Furniture Direct) Agenda Item 3 Page 4 of 22