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HomeMy WebLinkAbout2006-03-13 - Agendas - Final*Se 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, March 13, 2006, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chairman B. Presentation of Staff Report C. Public Comment D. Presentation of request — Applicant E. 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 please queue behind the podium when the Chairman asks for public comment. He will do this after the Planning Staff has presented the application. 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. Open dialogue will not be permitted: please ask any questions and answers will be provided once public comment has been closed. 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. 2006 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Audy Lack Sean Trumbo Christian Vaught SI& ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, March 13, 2006, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Approval of the minutes from the February 27, 2006 meeting. Consent: 1. FPL 06-1943: Final Plat (CLABBER CREEK HI, 244): Submitted by H2 ENGINEERING, INC. for property located W OF RUPPLE RD AND SALEM, N OF CLABBER CREEK PHASES I & II. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 34.78 acres. The request is to approve the final plat of a residential subdivision with 110 single family lots. Planner: Suzanne Morgan New Business: 2. CUP 06-1992: Conditional Use Permit (COMBS ST. CHURCH OF CHRIST, 524): Submitted by STEVE CLARK for property located at 350 S. COMBS. AVENUE. The property is zoned RMF -24, MULTI FAMILY — 24 UNITS PER ACRE and contains approximately 1.30 acres. The request is for a church (Use Unit 4) in an RMF -24 zoning district. Planner: Andrew Garner 3. LSD 06-1944: Large Scale Development (COMBS ST. CHURCH OF CHRIST, 524): Submitted by STEVE CLARK for property located at 350 S COMBS AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.30 acres. The request is for a 4,700 s.f. church building as previously approved. Planner: Andrew Garner 4. LSD 05-1809: Large Scale Development (THE LOFTS @ UNDERWOOD PLAZA, 483): Submitted by GARVER ENGINEERS for property located at 607 W DICKSON STREET. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.40 acres. The request is for a mixed use development with office, retail and residential space. Planner: Andrew Garner 5. CUP 06-1952: Conditional Use Permit (HAYS, 373): Submitted by CRYSTAL GOEDEREIS for property located at 1882 STARR DRIVE. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 1.59 acres. The request is for a change in non -conforming use, from a dental office to an attorney's office. Planner: Suzanne Morgan 6. ADM 06-1958: Administrative Item (MILLSAP CENTER PARKING LOT, 212): Submitted by Crafton, Tull & Associates for property located at 438 & 516 MILLSAP ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.60 acres. The requirement is for a 15' green space buffer. The request is for a variance of the required 15' of green space buffer to allow for 3' of green space along a public right-of-way. Planner: Suzanne Morgan 7. PPL 06-1940: Preliminary Plat (COBBLESTONE CROSSING, 246): Submitted by JORGENSEN & ASSOCIATES for property located NE OF CRYSTAL SPRINGS PHASES I & III. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 60.28 acres. The request is for a residential subdivision with 194 single family dwellings proposed. Planner: Suzanne Morgan 8. LSD 06-1924: Large Scale Development (MALCO THEATRE, 173): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 9B, CMN BUSINESS PARK II, PH. I. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 12.92 acres. The request is for a 44,315 sq. ft. motion picture theatre. Planner: Suzanne Morgan 9. CUP 06-1950: Conditional Use Permit (DAVIS, 559): Submitted by STEPHEN LEWIS DAVIS for property located at 2050 W 6TH ST. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres. The requirement is for 11 parking spaces. The request is to allow fewer than the minimum allowable parking spaces, utilizing 3 on -street parking spaces to fulfill the requirement. Planner: Suzanne Morgan 10. RZN 06-1949: Rezoning (ELLIS, 569): Submitted by SCOTT ELLIS for property located at 4230 HUNTSVILLE ROAD. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and RSF-4, RESIDENTIAL SINGLE FAMILY — 4 UNITS PER ACRE and contains approximately 6.03 acres. The request is to rezone the subject property to RSF-7, Residential single family, 7 units per acre. 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 infonnation or to request an interpreter, please call 575-8330. Ve .tev lle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of March 13, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 07, 2006 FPL 06-1943: Final Plat (CLABBER CREEK III, 244): Submitted by H2 ENGINEERING, INC. for property located W OF RUPPLE RD AND SALEM, N OF CLABBER CREEK PHASES I & II. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 34.78 acres. The request is to approve the final plat of a residential subdivision with 110 single family lots. Planner: Suzanne Morgan Findings: Proposal: The applicant requests approval of a final plat for Phase 3 of Clabber Creek Subdivision. The final plat for Phases 1 and 2 of Clabber Creek were approved by the Subdivision Committee on June 18, 2004. Phases 4 and 5 of the development are currently under construction. The subject property contains approximately 34.78 acres and is within the RSF-4 zoning district. Phase 3 contains 110 single family lots, 2 detention ponds and 1 lift station lot. The property is located north of Phases 1 and 2, north of Clabber Creek. Salem Village and Salem Meadows are located east and northeast of the subject property. Background: The preliminary plat for this project was approved on September 12, 2004 by the Planning Commission. Significant public comment was taken and discussion ensued regarding the proposed internal street connections, traffic safety, pedestrian connectivity to parkland, and the alignment and construction of Rupple Road. The applicant submitted construction drawings for the bridge across Clabber Creek prior to any discussion about changing Rupple Road to a boulevard. The applicant delayed their construction of this required improvement while the City discussed the desired cross section for Rupple Road. Though construction is well underway on the bridge, the applicant requests final plat approval prior to completion, which will require a waiver of city ordinance. Staff supports this waiver request, with the conditions noted herein. Surrounding Zoning and Uses: Direction Land Use Zoning North Single Family (Lierly Lane SD under const) Planning Area South Single Family (Clabber Creek Ph 1 & 2) RSF-4, Res Single Family, 4 units/acre East Single Family (Salem Village & Salem Meadows) RSF-4, Res Single Family, 4' units/acre West Single family homes on large pastures/fields Planning Area K:\Repons\2006\PC Reports\03-13-06\FPL 06-1943 (Clabber Creek Phase 3).doc March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 1 of 10 Water & Sewer: Water and sanitary sewer have been extended to serve this development. Right-of-way being dedicated: Rights-of-way to be dedicated include both 50' and 42' rights-of- way within the subdivision. During construction plan review, Brush Creek Drive was modified from a 50' ROW to a 42' ROW. Staff finds that this street is a minor street and would not carry significant amount of traffic to warrant a 50' ROW. Connectivity: Connectivity was reviewed and approved with the approval of the preliminary plat. The Planning Commission determined the proposed street and block configurations were appropriate. Park land: Parks and Recreation received warranty deeds for 19.15 and 18.59 acres on March 24, 2003. This land donation was applied to and covers all park land dedication requirements. The applicant has agreed to provide pedestrian access easements and sidewalk connections to the parkland. Tree Preservation: Existing: 10.9% Preserved: 4.0% Required: 10.9% Mitigation: Required; 691 (324 trees for Phase 3) Background: The Subdivision Committee forwarded this item to the Planning Commission on March 02, 2006 with the following conditions of approval and a recommendation that this item be placed on the consent agenda. Recommendation: Staff recommends approval of FPL 06-1943 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a waiver of guarantee requirements for completion of improvements. Staff recommends the applicant submit a guarantee for full street improvements of Rupple Road from Thames Drive, north of the bridge, to the north property line of Phase 3 at 150% of the cost of the improvements. No Certificate of Occupancy shall be issued until the required improvements are completed and approved by the City Engineer. The Subdivision Committee found in favor of Staff's recommendation regarding the requested waiver to guarantee Rupple Road street improvements prior to recordation of the final plat. 2. No heavy construction traffic associated with the development of Phase 3 shall access the property through Thames Drive, but be limited to access from the Lierly Lane to the north, until such time as Rupple Road is complete. 3. A 20' pedestrian access easement was requested and is shown between lots 15 & 16 to provide a connection from the neighborhood to the park land along Clabber Creek. Fence K:\Reports\2006\PC Reports \03-13-06\FPL 06-1943 (Clabber Creek Phase 3).doc March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 2 of 10 construction within this easement is prohibited. The maintenance of said easement is the responsibility of the P.O.A. 4. Three drainage easements across the dedicated park land were approved by Parks and Recreation Staff and forwarded to the Mayor for his signature. In exchange for the easements, the new Rupple Road bridge will be constructed to a height that will allow space for Clabber Creek Trail to pass under. 5. All off-site drainage and utility easements shall be approved by the city and recorded prior to the recordation of the final plat. 6. A deed for Lot 27, the lift station, shall be received prior to recordation of the final plat. 7. The original approval for this plan was for Phases 3-5. A total of 691 (2) inch caliper trees will be required for mitigation. As each phase finalizes, a separate planting plan will be submitted for approval by the Urban Forester. At the Final Plat of Phase 5, any remaining trees that were not able to be located on-site will be paid as money in lieu into the City of Fayetteville's Tree Escrow Account 8. The developer has chosen to use the on-site mitigation plan. For Phase 3, 324 (2) inch caliper large species trees will be planted within the detention ponds, street right of ways, and on the interior of the lots. This will require a 3 -year maintenance and monitoring bond in the amount of $81,000 to be deposited with the City before signature of final plat. 9. The developer shall coordinate with the Parks and Recreation Division regarding placement of park boundary signs. 10. Access shall be restricted to interior streets for lots fronting Rupple Road. 11. Street lights shall be installed or guaranteed with a maximum separation of 300 feet along all streets prior to final plat recordation. 12. Sidewalks extending from Lot 25 to 61 shall be installed prior to recordation of the final plat. All other sidewalks shall be installed or guaranteed prior to recordation. 13. The applicant shall install future street extension signs at all street stub -outs which have not been extended beyond the property boundary of Phase 3, prior to recordation of the final plat. 14. Subdivision area signage shall be permitted in accordance with applicable city codes. 15. The applicant shall submit for final plat review comments by Planning and Engineering Staff from the City prior to application of signatures. K:\Reports\2006\PC Reports\03-13-06\FPL 06-1943 (Clabber Creek Phase 3).doc March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 3 of 10 Standard Conditions of Approval: 16.. 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) 17. 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. 18. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. Planning Commission Action: _Approved Denied Tabled Date: March 13, 2006 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date KAReporis\2006\PC Reports\03-13-06\FPL 06-1943 (Clabber Creek Phase 3).doc March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 4 of 10 THE CITY OF FAYETTEV"ILLE, ARKANSAS PC Meeting of March 13, 2006 TREE PRESERVATION and PROTECTION REPORT 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: March 7, 2006 ITEM #: FPL 06-1943: Final Plat (Clabber Creek III) Requ Canopy Measurements: acres Initial Review with the Landscape Administrator ✓ Site Analysis Map Submitted ✓ Site Analysis Written Report Submitted ✓ Complete Tree Preservation Plan Submitted Canopy Measurements: acres 75.11 square feet 3,271,972 acres 8.15 square feet 354,897 percent site area 10.9% jopfp] acres 3.23 square feet 140,739 percent of total site area 4.0% tI ®" a eq m 10.9 Recommendation: Staff recommends approval of the Tree Preservation Plan associated with PPL 06-1943 with the following conditions: Conditions of Approval: 1. The original approval for this plan was for Phases 3-5. A total of 691 (2) inch caliper trees will be required for mitigation. As each phase finalizes, a separate March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 5 of 10 planting plan will be submitted for approval by the Urban Forester. At the Final Plat of Phase 5, any remaining trees that were not able to be located on-site will be paid as money in lieu into the City of Fayetteville's Tree Escrow Account. 2. The developer has chosen to use the on-site mitigation plan. For Phase 3, 324 (2) inch caliper large species trees will be planted within the detention ponds, street right of ways, and on the interior of the lots. This will require a 3 -year maintenance and monitoring bond in the amount of $8i,000 to be deposited with the City before signature of final plat. March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 6 of 10 PARKS AND RECREATION THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 479-444-3472 TO: FROM: DATE: SUBJECT: Suzanne Morgan, Associate Planner Matt Mihalevich, Park Planner March 1, 2006 Parks & Recreation Subdivision Committee Review Comments *****************************************:************************************* Meeting Date: Item: Park District: March 2, 2006 FPL 06-1943 Clabber Creek Phase III, 244 NW Zoned: RSF-4 Billing Name & Address: BMW Investments, LLC P.O. Box 6485 Springdale, AR 72766 Land Dedication Requirement Single Family _110_@ .024 acre per unit = Multi Family @ .017 acre per unit = Mobile Home @ .024 acre per unit = Lot Split COMMENTS: acres acres acres Money in Lieu @ $555 per unit = $ @ $393 per unit = $ @ $555 per unit = $ @ $555 per unit = $ • Parks and Recreation received warranty deeds for 19.15 and 18.59 acres on March 25, 2003. This land donation was applied to and covers all park land dedication requirements. ■ A 20' pedestrian access easement was requested and is shown between lots 15 & 16 to provide a connection from the neighborhood to the park land along Clabber Creek. Fence construction within this easement is prohibited. • Three drainage easements across the dedicated park land were approved by Parks and Recreation Staff and forwarded to the Mayor for his signature. In exchange for the easements, the new Rupple Road bridge will be constructed to a height that will allow space for Clabber Creek Trail to pass under. FPL 06-1943 March 13, 2006 Planning Commission FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 7 of 10 PROJECT PROXIMITY MAP PI 111111111111111, C � March 13, 2C 06 arming Commiss on FPL 06-1943 (Clabber Creek Phase 3) Agenda Item 1 Page 8 of 10 FPL06-1943 Close Up View CLABBER CREEK 111 SUBJECT PROPERTY G 015T DR 14,0 r Dm RNIII MIST liS ING t4IST I� � 0I i Io 34 Iz KYNLEIGH PL , ix cl It of to al o Iz ; I W Y WOOD DUO( DR I I -'OODOUc DR ORNING MIST D OR NG Legend 000a°0000 OverlayDsbict — FLOODWAY — 500 YEAR © — 100 YEAR --- LIMIT OF STUDY — — - Baseline Profile O Fayetteville =1 Outside City FPL06-1943 vectorGDB.Footpnnt2004 0 175 350 March 13, 2006 700 1,050 1,400 Planning Commission Feet HPL 06-1943 (Clabber Creek Phase 3) FI Agenda Item 1 Page 9 of 10 Overview Legend Subject Property FPL06-1943 Boundary Planning Area J O00% o Overlay District a000a Outside City Legend 0 0.129.25 0.5 0.75 March 13, 2 PC Planning Commis: T §943 (Clabber Creek Phas )06 ion 3) Ayenua Def 1 Page 10 of 10 ay ARKANSAS�ry evilile PC Meeting of March 13, 2006 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 6, 2006 CUP 06-1992: Conditional Use Permit (COMBS ST. CHURCH OF CHRIST, 524): Submitted by STEVE CLARK for property located at 350 SOUTH COMBS AVENUE. The property is zoned RMF -24, MULTI FAMILY — 24 UNITS PER ACRE and contains approximately 1.35 acres. The request is for a church (Use Unit 4) in an RMF -24 zoning district. Property Owner: COMBS STREET CHURCH OF CHRIST Planner: ANDREW GARNER RECOMMENDED MOTION: Staff recommends approval of the requested cultural and recreational facilities use (Use Unit 4) for a church in the RMF -24 zoning district on the described property, subject to the following conditions: 1. Planning Commission determination of compatibility with adjacent properties and those within the same zoning district. Staff recommends that the improvements to the existing church and site are compatible with surrounding properties. The additions to the exterior of the existing structure shall be compatible with the existing structure and submitted to the Planning Division for review and approval as part of the building permit 2. Additions to or remodeling of the existing structures and site other than those approved with this Conditional Use Permit, shall be submitted as a conditional use for consideration by the Planning Commission, unless approved otherwise. 3. Conditional Use approval shall not be construed to guarantee building permit approval. A building permit plan must be submitted for City review and approval for the proposed additions to the church. Development shall comply with all applicable provisions of the Unified Development Code including, but not limited to: tree preservation, minimum parking requirements, minimum buffering requirements, minimum landscape requirements (including improvements for nonconforming parking lots), storm water detention, setbacks and bulk/area requirements. K:IReports12006IPC Reports103-13-061CUP 06-1992 (Combs Street Church ofChrist).doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 1 of 14 4. The project shall conform to the required setbacks and other applicable zoning and development requirements. 5. Any replaced parking lot lights or those which may be installed in the future shall meet the requirements of the Outdoor Lighting Ordinance. A lighting plan and details shall be submitted to the Planning Division for review as part of the building permit. 6. All trash receptacle(s) utilized by this structure shall be screened on three sides with access not visible from the street or adjacent properties. The enclosure shall be constructed of materials similar or identical to that of the primary structures, to ensure complimentary and compatible design. 7. All roof- or ground -mounted utilities shall be screened from view utilizing materials that are compatible with and complimentary to the architecture of the building. 8. The existing nonconforming parking lot shall be improved to meet City of Fayetteville Parking Lot requirements as required in Section 172.08 of the UDC. A full landscape plan shall be submitted for review and approval as part of the building permit. Expansion of the parking lot in association with this conditional use request is hereby approved, subject to all provisions herein. 9. Signage within the RMF -24 zoning district is limited. Any existing non- conforming signs on the property may remain. Should these signs be removed or replaced, only one on-site freestanding sign not to exceed 4 square feet or one monument sign not to exceed 16 square feet is allowed at the appropriate setback from street right-of-way. A limit of one (1) on-site wall sign not to exceed 16 square feet in display surface area is permitted. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: March 13 2006 Comments: K:I Reports120061PC Reports103-13-06ICUP 06-1992 (Combs Street Church of Chrtstf doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 2 of 14 The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Background: A Large Scale Development and Conditional Use Permit for this project were approved in October of 2003 and received a one year approval extension in October 2004. The applicant was unable to obtain building permit approval within the required timeframe and the approval expired. The applicant is now processing a Large Scale Development in tandem with this Conditional Use Permit for the previously approved plans. Property: The subject property contains 1.35 acres and is located at 350 South Combs Avenue. The site is zoned RMF -24. The site is occupied by the existing Combs Street Church of Christ, and is surrounded by RMF -24 zoning with single-family land uses. Proposal: The applicant proposes to build a 4,700 square foot addition to an existing church with a total of 56 parking spaces. The property is located within the RMF -24 zoning district, in which Use Unit 4, Cultural and Recreational Facilities, is allowable only by conditional use permit. The applicant requests Planning Commission consideration of conditional use permit to determine whether the existing church use and proposed additions to the site are appropriate in the RMF -24 zoning district. Request: The applicant requests approval of a church, Use Unit 4: Cultural and Recreational facilities, within the RMF -24 zoning district. The existing structures and nonconforming use may continue on the subject property; however, a conditional use permit is required in order to allow additions and remodeling on the site. GENERAL PLAN DESIGNATION: Residential Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. K:IReports120061PC Reportsl03-13-061CUP 06-1992 (Combs Street Church ofCltrist).doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 3 of 14 C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use for a church within the RMF -24 zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under §161.13 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the conditional use for a church in this location will not adversely affect the public interest. This church has been established in this residential neighborhood for many years, and the proposed additions to this building and site will be a further improvement to the property and to the ability of the church to serve the community. The public interest is not considered adversely affected by the presence of this existing church or the proposed addition. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have K:IReports12006IPC Reports103-13-06ICUP 06-1992 (Combs Street Church ofChrist).doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 4 of 14 been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fn -e or catastrophe; Finding: Access from 4th Street to the subject property currently exists. No additional curb cut is proposed with the additions and improvements to the church structure and parking lot. Off-site street improvements are required for this proposal. Staff recommends the following street and sidewalk improvements: (a) Sidewalk construction in accordance with current standards to include a minimum 4' sidewalk with a 6' minimum greenspace from the curb along: Washington, 4th Street, Willow Avenue, and replacement of damaged portions of the sidewalk. (b) Street improvements — 4th Street from Willow Avenue to Combs Street to be improved to a 20' street section; and the existing roadway overlayed to provide new pavement section for the entire 20' width. Curb and gutter is not recommended. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The existing parking lot on the property is nonconforming as it does not meet parking lot landscaping requirements and design standards. Section 172.06 Parking Lot Location Standards of the Unified Development Code states that: "Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use...at the same time the use is approved.. for] separately if additional parking lots are developed later." Staff fmds the proposed parking lot with a total of 56 spaces is sufficient for the church with the proposed addition that would contain a main auditorium with 2,200 square feet, or 180 seats. In addition, Section 172.08 of the UDC Nonconforming Parking Lots requires that if: K: IReports120061PC Reports103-13-061CUP 06-1992 (Combs Street Church of Christi doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 5 of 14 "...a building permit is issued to enlarge or reconstruct a structure on the property exceeding 10% of its existing gross area, at such time 10% of the existing parking lot and/or parking lot area shall be brought into compliance ...on a graduated scale until reaching 100% of the required landscaping." Staff is in support of the parking lot landscaping plan proposed as part of the Large Scale Development. A landscape plan shall also be submitted for review and approval as part of the building permit review, with plant species subject to approval of the City's Urban Forester. Any existing parking lot lights replaced or those which may be installed in the future shall meet the requirements of the Outdoor Lighting Ordinance. A lighting plan and details shall be submitted to the Planning Division as part of the building permit review. (c.) Refuse and service areas, with particular reference to ingress and egress, and off- street parking and loading, Finding: The proposed dumpster location as depicted on the Large Scale Development plans is located away from the right-of-way and would be screened on three sides in conformance with City ordinance. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities, some of which are located above ground, are currently extended to this property. As part of the Large Scale Development, all new utilities shall be placed underground and all existing utilities under 12 kV shall be relocated underground. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: The Landscape Plan submitted for the Large Scale Development depicts landscape plantings along the southern portion of the site that would provide adequate vegetative screening between this use and the adjacent residential zoning district. (f1) Signs, if any, and proposed exterior Lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; K:IReports120061PC Reports103-13-O61CUP 06-1992 (Combs Street Church ojChrist).doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 6 of 14 Finding: Signage within the RMF -24 zoning district is Limited. Any existing non -conforming signs on the property may remain. Should these signs be removed or replaced, only one on-site freestanding sign not to exceed 4 square feet or one monument sign not to exceed 16 square feet is allowed at the appropriate setback from street right-of-way. A limit of one (1) on-site wall sign not to exceed 16 square feet in display surface area is permitted. Any new exterior lighting shall be reviewed and approved as part of the building permit in conformance with the City's Lighting Ordinance. This ordinance requires all lighting to be fully shielded with the light downward -directed to reduce light pollution. With implementation of this ordinance, any new lighting would not be injurious to pedestrians, vehicles or adjacent property owners. (g.) Required setbacks and other open space; and Finding: The proposed Large Scale Development depicts a plan that meets open space requirements and required building setbacks for the RMF -24 zoning district. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds the proposed use for a church is compatible with the surrounding residential uses. This property was developed prior to zoning regulation, and has been part of this community for many years. As such, the structure is similar in nature and use to other historic structures in the area which were built prior to zoning regulations. Granting the conditional use permit will be in harmony with the general purpose and intent of General Plan and zoning regulations, and will not be injurious to the neighborhood. K:IReports120061PC Reports103-13-061CUP 06-1992 (Combs Street Church ofChrist).doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 7 of 14 From Chapter 161 Zoning Regulations Fayetteville Unified Development Code 161.13 District Rmf-24, Residential Multi - Family — Twenty -Four Units Per Acre (A)Purpose. The RMF -24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities 17nit4 Culture and ie it*jttinal-saglittaa Manufactured home park Unit 11 Unit 25 Professional offices Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre l 4 to 24 (D)Bulk and area regulations. (1) Lot width minimum.• Manufactured home park 100 ft. Lot within a Manufactured home park 50 ft Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 sq. ft. Townhouses: •Development •Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 7,000 sq. ft. Three or more 9,000 sq. ft. Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Apartments: •No bedroom •One bedroom •Two bedroom 1,700 sq. ft. 1,700 sq. ft. 2,000 sq. ft. Fraternity or Sorority 1,000 sq. ft. per resident (E) Setback requirements . Front Side Rear 25 ft. - 8ft. 25 ft. Cross reference(s)—Variance, Ch. 156. (F) Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line an additional distance of one foot for each foot of height in excess of 20 feet. (G)Building area. None. (Code 1965, App. A., Art. 5010; Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K:IReports120061 PC Reports103-13-06ICUP 06-1992 (Combs Street Church of Christi doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 8 of 14 CHAPTER 172: PARKING AND LOADING 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (B) Permitted locations as a conditional use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a fmding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. 172.08 Nonconforming Parking Lots 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 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. K: IReports120061PC Reports103-13-061CUP 06-1992 (Combs Street Church of Christ).doc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 9 of 14 CHAPTER 174: SIGNS 174.10 On -Site Freestanding Signs It shall be unlawful to erect any freestanding sign which total height is greater than 30 feet above the level of the street upon which the sign faces. For any sign located closer to street right-of-way than 40 feet, the maximum height shall be reduced one-half (1/2) foot for each foot of setback less than 40 feet. On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: (C)R-O and RMF Districts. One freestanding sign shall be permitted on a lot or parcel zoned RMF or R -O subject to the following restrictions: (1) Display surface area. The maximum display surface area shall not exceed four (4) square feet; (2) Setback from right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. (3) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (4) Setback from R District. The sign shall be setback a minimum of 25 feet from the boundary of any R District. (5) Adjoining property. The sign shall be erected a minimum of 10 feet from adjoining property. (6) Illumination. The sign shall be illuminated by indirect illumination only. 174.12 Wall Signs (E)Limitations in residential zoning districts. hi R and R -O zoning districts, the following limitations shall apply: (1) Number of signs. Limit of one on- site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one on-site wall sign per business per building for each wall which faces an abutting street. (2) Display surface area. Display surfaces shall not exceed 16 square feet. K: IReportsl20061PC Reports103-13-061CUP 06-1992 (Combs Street Church ofChristidoc March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 10 of 14 lark onsulting CIVIL / ENVIRONMENTAL ENGINEERING February 21, 2006 Mr. Jeremy Pate, Fayetteville Planning 125 W Mountain St Fayetteville, AR 72701 J. STEVE CLARK, P.E. Re: Combs Street Church of Christ Conditional Use in residential zone Fayetteville, Arkansas Dear Mr. Pate: The Combs Street Church of Christ proposes to construct a 4700 SF addition to their existing 2100 SF Church building and to pave a parking lot for use by the congregation. The site is 1.35 acres and is located south of the intersection of Combs Street and 4th Street. The tract is also bounded by Washington Avenue and Willow Avenue. According to the zoning ordinance 55 parking spaces are required with 56 spaces being proposed. Flours of operation will not change. All outdoor lighting will be Cut -Off Type Fixtures. The project and Conditional Use Permit were previously approved by the City of Fayetteville Planning Commission in 2003, but the Church was not able to begin construction before expiration of the approved Large Scale Development plan and Conditional Use permit. Respectfully Submitted, Clark Consulting oreviC J. Steve Clark, P.E. March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ)I� 3715 N. Business Drive, Suite 202 • Fayetteville, Arkansas 72703 • (479) 444-8171 • Fax: (479) 25 tt 1a LSD06-1944 Close Up View COMBS ST. CHURCH OF CHRIST SUBJECT PROPERTY ®10(4 o _ Legend ®000v Overlay District — ROODWAY — 500 YEAR — 100 YEAR --- LIMIT OF STUDY — — - Baseline Profile O Fayetteville r=3 i1 Outside City igeg LSD06-1944 vecter.GDB.Faotprirt_2004 300 450 March 13, 2006 Planning Commission 992 (Combs Street Chruch of Christ) Agenda Item 2 Pe ef14 LSD06-1944 One Mile View COMBS STREET CHURCH OF CHRIST ...r -24- -- 0 aSFd •. RSFd ' F, _ _ . RNff4U - RSf-0 RSF4 ,G �1�RMFC6 RMF -4O RSFd i RSFd RMF40 A .r. R$fd SSF4 RMF247RNF-241 j\ $F-4RSF-4 ASF -4. =-'- S -4 ATE 433-b SUBJECT PROPERTY RFfr-0q` RMF.. P1 5TONF'SY�; R � IS RM P -i RMF -40 j9 401_ i HUNTSVILLE RO RSF-4 '' RSFd RSFd RSF4 MF -E2 4-4 RMF 24\, ; R �* RMF -24 'RIAF 0 O T RNff-24 `RAF -24 ¢ NANT11CkEr OR i0 o Overview Legend Subject Property LSDO6-1944 RMF -24 Boundary Planning Area poop% Overlay District 0000o 1Outside City Legend 0 0.126.25 0.5 0.75 1 Nora March 13, 2 MEWS Planning Commis: I ombs Street Chruch of Ch Agnnn., lin )06 ion ist) 2 Page 13 of 14 n March 13, 2006 Planning Commission CUP 06-1992 (Combs Street Chruch of Christ) Agenda Item 2 Page 14 of 14 teile ARKANSAS TILE CITY OF FAYETTEVILLE, ARKANSAS 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: March 6, 2006 PC Meeting of March 13, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 06-1944: Large Scale Development (COMBS ST. CHURCH OF CHRIST, 524): Submitted by STEVE CLARK for property located at 350 SOUTH COMBS AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.35 acres. The request is for a 4,700 square foot church building as previously approved. Property Owner: COMBS STREET CHURCH OF CHRIST Planner: ANDREW GARNER Findings: Background: This project with these plans has been through the Large Scale Development approval process twice with the plans being approved in October 2003. The approval expired prior to the applicant obtaining building permits. The applicant is proposing the same plans as previously proposed and approved. The only applicable ordinance that is different than when this project was approved is the lighting ordinance. The applicant is processing a conditional use permit in tandem with this Large Scale Development to allow for this use within the RMF -24 zoning district. Property: The subject property contains 1.35 acres and is located at 350 South Combs Avenue. The site is zoned RMF -24. The site is occupied by the existing Combs Street Church of Christ, and is surrounded by RMF -24 zoning with land uses that are single family. Proposal: The applicant proposes to build an addition of 4,700 square feet to an existing church with 56 parking spaces. Request: The request is for Large Scale Development approval of the submitted site plans for the proposed church. Right-of-way Dedication: 25' from centerline along Willow Avenue, 4th Street, and Washington Avenue. Adjacent Master Street Plan Streets: Willow Avenue, 4th Street, and Washington Avenue (local K:IReports12006WCReportsl03-13-06ILSD 06-1944 (Combs Street Church ojChrist).doc March 13, 2006 Planning Commission LSD 06-1944 (Combs Street Church of Christ) Agenda Item 3 Page 1 of 12 streets) Water/Sewer: Water and sewer are available to the site. Access: The site would be accessed from 4th Street. Tree Preservation: Existing Canopy: 12.3% Preserved Canopy: 0% Required Canopy: 12.3% Mitigation: 16 two-inch caliper trees Recommendation: Staff recommends approval of LSD 06-1944 with the following conditions/issues to address: Issues/Conditions to Address: 1. Planning Commission determination of street improvements. Staff recommends: (a) Sidewalk construction in accordance with current standards to include a minimum 4' sidewalk with a 6' minimum greenspace from the curb along: Washington, 4th Street, Willow Avenue, and replacement of damaged portions of the sidewalk. (b) Street improvements — 4th Street from Willow Avenue to Combs Street to be improved to a 20' street section; and the existing roadway overlayed to provide new pavement section for the entire 20' width. Curb and gutter is not recommended. 2. All exterior lighting will be reviewed for compliance with the City's lighting ordinance at the time of building permit and a lighting plan and cut -sheets of the proposed fixtures reviewed and approved. 3. Mitigation will be required in the form of 16 (2) inch caliper large species trees. These trees must be planted and bonded in the amount of $4,000 before final Certificate of Occupancy. 4. This bond will extend for a 3 year monitoring period to insure the health and longevity of these trees. After the 3 year period, the Urban Forester will inspect the site and finding 90% or more to be in good health shall release the bond. 5. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Planning Division 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. Standard Conditions of Approval: 6. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. A note shall be added to all construction documents indicating as such. K:IReports120061PC Reports103-13-061LSD 06-1944 (Combs Street Church of Christ).doc March 13, 2006 Planning Commission LSD 06-1944 (Combs Street Church of Christ) Agenda Item 3 Page 2 of 12