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Home My WebLink About2006-05-01 - Agendas - Final113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, May 01, 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 Jill Anthes Lois Bryant Candy Clark James Graves Hilary Harris Audy Lack Christine Myres Alan Ostner Sean Trumbo aTheexile 113 W. Mountain St. Fayetteville, Alt 72701 Telephone: (479) 575-8267 AGENDA FOR A SPECIAL MEETING OF THE PLANNING COMMISSION Monday, May 1, 2006, 5:30 p.m. Room 219 , City Administration Building The following items will be considered: LSD 06-1997: Large Scale Development (DIVINITY HOTEL & CONDOS, 484): Submitted by H2 ENGINEERING, INC. for property located at 101 W DICKSON, BETWEEN CHURCH AND BLOCK. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.41 acres. The request is for a 10 -story mixed use building with a hotel, 2 restaurants, retail space, parking garage and condominiums with a total of 84residential dwelling units. Planner: Andrew Garner 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. ay evl le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS Special Planning Commission Meeting May Ol, 2006 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: April 28, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 06-1997: Large Scale Development (DIVINITY HOTEL & CONDOS, 484): Submitted by 1-12 ENGINEERING, INC. for property located at 101 W DICKSON, BETWEEN CHURCH AND BLOCK. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.42 acres. The request is for a 10 -story mixed use building with a hotel, two restaurants, retail space, parking garage and condominiums with a total of 84 residential dwelling units. Property Owner: LYNNKOHN, LLC Developer: THE BARBER GROUP Planner: ANDREW GARNER Process: Large Scale Development 06-1997 for Divinity Hotel & Condos was submitted to the Planning Division on March 02, 2006. The Subdivision Committee on March 30, after review and comment, voted 2-1 for this item to be forwarded to the full Planning Commission with a recommendation for denial, based on the project proposed at that time. The applicant did not submit plats and elevations to make the April 10 Planning Commission agenda, therefore staff did not place the item onto the Planning Commission agenda. The applicant did submit plats and elevations, as required by the Planning Division, in order to be placed on the Planning Commission agenda of April 24. Additionally, the applicant submitted additional updated elevations to the Planning Commission at its agenda session for review and comment. Staff was not able to make a recommendation on those elevations without further review. On April 24, the Planning Commission heard the Planning Staff report and recommendation on the revised elevations, public comment, and the applicant's presentation of the project. Due to the large amount of time required for public comment and the applicant's presentation, and the large agenda of items at the April 24th meeting, a motion was made by Commissioner Graves and seconded by Commissioner Ostner to table the remaining discussion of this item until a special meeting of the Planning Commission on May 01, 2006. The motion passed unanimously. The original staff report that was presented to the Planning Commission on April 24 has been included (Attch. A), as nothing has changed with this item since it was last heard. Public comment, both the written and staff's sypnopsis of the verbal comment taken on Monday, April 24, has been included, as well (Attch. B). Current Proposal: In response to comments from staff and the Subdivision Committee on March 30 regarding certain elevations, building height, compatibility, etc., the applicant redesigned many aspects of the structure, thereby reducing the maximum height and scale of the structure. The total number of condominiums and hotel rooms is similar to the number of units reviewed by the Subdivision Committee though reduced somewhat. In redesigning the structure, the square footage of some of the uses changed and a rooftop restaurant and bar is now being proposed in addition to the street level restaurant included on the plans reviewed by the Subdivision Committee. The building K:IReportsl20061PC Reports105-01-06 [special meetingJILSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 1 of 116 footprint of the currently proposed structure is the same as the original proposal that covered 97% of the 1.42 -acre site. The primary function of the structure is a 137 -room boutique hotel with some condominium units (77 hotel -only units, 60 condo/hotel units, and 16 condo -only units), retail space, two restaurants, and two bars. Included in the structure are amenities associated with the hotel such as pool, fitness facility, ballroom, and banquet/meeting facilities. The square footage of each proposed use and parking requirements is depicted in Table 2 of the staff report. Materials: Materials and design features such as brick, glass, concrete, balconies, overhangs, terraces, outdoor dining and deck areas have been incorporated with the proposed revisions. The use of brick materials in a large percentage of the building has greatly aided in helping the project be compatible with other projects on Dickson Street and in the surrounding area, while keeping its unique design. Other surrounding buildings such as Collier's Drugstore has elements of metal and colors that are consistent with the proposed project. Additionally, the applicant has proposed retail windows/shop fronts for the majority of the street level, which is consistent with the Dickson Street area as well. Along the west elevation, the Subdivision Committee voiced concerns with this being relatively unarticulated. The elevation was revised to incorporate shop windows that can serve as display/exhibit space for retail merchants. Building Transition/Height: The scale and height of the structure has diminished significantly since the initial review by the Subdivision Committee. The original maximum height at 225 feet in 15 stories has been reduced to 181 feet in 10 stories. The `tower' feature as originally presented has been omitted, and the highest portion of the structure along Dickson Street is a transparent glass cylinder -shaped feature that provides usable public space at the ground and top levels, adding an artful feature to this facade on Dickson Street as opposed to the former rather monolithic wall that did not transition along Dickson Street. Additionally, the applicant has made many changes to reduce the height on the Dickson Street facade, stepping the structure back approximately 65 feet for the majority of the building front above four stories, which accomplishes many of the goals of transitioning from surrounding properties. This component of the project staff supports, as it begins to help transition from surrounding properties that could, with future development, be as tall as six stories or greater. The south elevation transitions in a similar way, stepping down from the mass of the overall building adjacent to the properties to the south. The west elevation (facing onto Church Street) has the most dramatic rise in building height adjacent to the street, rising 159 feet to the top of the parapet. Staff can not support this elevation at this time, finding that it does not adequately transition from the surrounding properties, which a project should do to meet Commercial Design Standards. Additionally, the east elevation that fronts onto Block Street rises to 108 feet in eight stories, without a great deal of transition to the smaller surrounding structures. A few other tall structures do exist in downtown Fayetteville, as has been discussed by those in support of the project. These include the EJ Ball building, Radisson Hotel, and Hillcrest Towers, all of which exist in the downtown core area and were constructed prior to any city requirements regarding Commercial Design Standards. A recently approved 16 -story East Square Redevelopment (Mountain Inn) project was evaluated for Commercial Design Standards by the Planning Commission and ultimately City Council, and found compliant in its location along College Avenue in the downtown core to transition to surrounding structures, which includes the Federal Building and Bank of America Building, and to be compatible with the policies and goals of the City, especially those in the downtown area. Staff has supported other projects in the Dickson Street area with a height greater than that proposed K:IReporis120061PC Reporls105-01-06 [special meeling]ILSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page2of 116 with the Downtown Zoning Code and as discussed in the Downtown Master Plan, a policy document adopted by the City Council in 2004. In those instances, staff worked with the applicant to find an appropriate transition and level of compatibility in appearance, utilizing building materials and colors, the stepping back of facades to transition from lower surrounding properties. In 1999, the Three Sisters building was approved with a maximum five -story height of 67 feet, located 52 feet back from Dickson Street; staff supported this project, though one Planning Commissioner voted against it, finding specifically that it did not transition nor was it compatible with surrounding properties, thus did not Commercial Design Standards. In the case of the Legacy Building that is under construction, the structure steps back from the property as it rises to a maximum height of seven stories in approximately 112 feet. More recently, for the Lofts at Underwood Plaza, the Powerhouse Avenue front facade was approved with a two-story elevation that steps back before rising upward, and the Dickson Street facade was approved by the Planning Commission only after reducing the elevation to a four-story height and stepping back several times for an ultimate height of 138 feet in nine stories near the center of the property. The highest portion of this structure constituted only a small percentage of the overall square feet. The applicants and architects for Divinity have shown a willingness to work with staff on numerous occasions to help better address these issues for this project, as indicated with the reduction in overall height, elimination of the more imposing tower feature, stepping back of the Dickson Street facade above four stories and with the overall scale and impact of the project itself, especially on Dickson Street, in order to achieve compatibility and transition. However, staff finds that the two principal east and west facades, both of which front onto public streets, and the overall building height — especially in feet — do not provide adequate transition and compatibility and therefore recommends denial of the project as presented. Compatible Use: The compatibility of use is not in question with this project, in staff's opinion. The C-3 zoning district permits the uses proposed by the applicants by right, and staff supports such a mixture of uses that will allow for both day and night levels of activity, thereby creating a safe pedestrian environment. The project also could potentially begin to accomplish at least one of the goals of the Downtown Master Plan, which is to provide for a link from the Dickson Street area to the Downtown/Square, two distinctly different zones within the urban context of the City of Fayetteville. Public Comment: The citizens of Fayetteville have been actively involved and concerned with this project, which has been the subject of several newspaper articles and news stories. Planning staff has received numerous phone calls regarding this project, and has had several members of the public stop by the Planning Division office to look at the applicant's plans. Staff has also received several emails and letters that have been provided to the Planning Commissioners. At the April 24, 2006 meeting 41 people commented with a fair number of comments for and against the project. A list of the members of the public that commented at the April 24, 2006 meeting and a summary of concerns raised is included in the supplemental information with this report. In general, those opposed to the project cited that the proposed structure was not compatible with the surrounding area on Dickson Street, and would result in adverse impacts to community character. In general, those in favor of the project cited that the introduction of the proposed structure would add to the eclectic mix of architecture in the area, would be compatible, and would be an economic benefit to downtown Fayetteville and the entire City. Request: The request is for Large Scale Development approval of the submitted site plans and elevations for the proposed commercial/residential development. K:IReporis120061PC Reports105-01-06 [special meetingjlLSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 3 of 116 Recommendation: Finding that pursuant to Fayetteville Unified Development Code Section 166.14 (D)(2)(c), the structure does not meet the design element guidelines for commercial structures to provide compatibility and transition between adjoining development, staff recommends denial of LSD 06-1997 for Divinity Hotel & Condos. It is the charge of the Planning Commission to determine if the project meets with current ordinance requirements, including Commercial Design Standards. Rationale for this finding is discussed under item No. 1 below. THE PLANNING COMMISSION TABLED THIS ITEM TO A SPECIAL PLANNING COMMISSION MEETING ON MAY 1, 2006 WITH A VOTE OF 9-0-0 (04/24/06) 1. Planning Commission determination of Commercial Design Standards and compatibility with the surrounding commercial developments. Staff finds that the proposed building elevations do not meet architectural design standards for commercial structures with regard to compatibility and transition in appearance to adjoining properties. Staff recommends the building height be stepped back from the street, finding that a reduced height (3-4 stories) at the street level would be more compatible with surrounding, lower -story development on the two-lane Dickson Street, Block Avenue, and Church Avenue. A stepped -back design would provide a transition so that the street front is on a pedestrian scale, using materials that are also on a more pedestrian scale. Staff also finds that more attempts to reduce the overall height are warranted. No other structure on Dickson Street approaches the elevation and height of this particular proposal, creating difficulty in transition and compatibility. The elevations do, for the most part, exhibit a variety of materials and articulation. It appears that the design has avoided: (1) Unpainted concrete precision block walls; (2) Square, "boxlike" structures; (3,) Metal siding which dominates the main facade; and (4) Large out of scale signs with flashy colors. Materials and design features such as brick, glass, concrete, balconies, overhangs, terraces, outdoor dining and deck areas have been incorporated. The structure has been stepped back from the Dickson Street facade primarily, with a four-story elevation at this level. The structure then steps back before going higher. The `tower' feature as originally presented has been omitted. A maximum building height is proposed at 10 stories (225 feet) for a small portion of the building. The height at 225 feet greatly exceeds, however, the height of the 9 - story, 118 foot Lofts at Underwood building recently approved by the Planning Commission, as a comparison. After review of the applicant's final elevations presented on 04/24/06, the project has been revised from 15 -stories and 225' in height, to 10 -stories and 181 ' in height. Several of staff's concerns with the original proposed structure such as materials and articulation have been addressed with these revisions. However, staff finds that the scale and mass of the structure when compared with surrounding structures on Dickson Street and the immediate vicinity is not compatible, and does not provide adequate transition between adjoining development. Finding that adjoining development and other structures in the vicinity are a much smaller scale, generally 1-4 stories, and that the overall bulk and height of the proposed 10 -story structure is out of proportion and on a different scale than surrounding development, staff can not find that the project achieves adequate transition and compatibility in appearance with surrounding properties. Based on this finding, staff recommends denial of the project. K: U2eports120061 PC Reports105-01-06 [special meeting]ILSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 4 of 116 LIST OF ATTACHMENTS Attachment A Staff Report 04/24/06 Attachment B Public Comment Attachment B-1 Sign -In Sheet/Comment Highlights 04/24/06 Planning Commission Meeting Attachment B-2 Written Comment Attachment C Supplementary Materials May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 5 or i 16 ATTACHMENT A STAFF REPORT April 24, 2006 Planning Commission Meeting May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 6 of 116 aye ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Andrew Garner, Senior Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 29, 2006 PC Meeting of April 24, 2006 125 W. Mountain St. Fayetteville, Al( 72701 Telephone: (479) 575-8267 LSD 06-1997: Large Scale Development (DIVINITY HOTEL & CONDOS, 484): Submitted by H2 ENGINEERING, INC. for property located at 101 W DICKSON, BETWEEN CHURCH AND BLOCK. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.42 acres. The request is for a 10 -story mixed use building with a hotel, two restaurants, retail space, parking garage and condominiums with a total of 84 residential dwelling units. Property Owner: LYNNKOHN, LLC Developer: THE BARBER GROUP Planner: ANDREW GARNER Findings: Background: Due to the Downtown Master Plan being forwarded from Planning Commission to City Council and this project being in the Downtown area and being submitted after the Planning Commission action, City ordinance would typically not allow this project to go forward to the next step in the City processing cycle until the ordinance issue is resolved, either by City Council action, or lack thereof by May 13. On April 04, 2006 the City Council approved an ordinance to waive this requirement in order to allow this project to proceed without this delay. Property: The subject property contains 1.42 acres, located on the south side of Dickson Street between Church Avenue and Block Avenue, and is zoned C-3, Central Commercial. A single story commercial building (Something Urban) was removed on Tuesday, March 28, 2006 at the corner of Block Avenue and Dickson Street, and an office building at the corner of Church Avenue and Dickson Street and a single story house on Church Avenue currently occupy the property. As depicted in Table 1 the site is surrounded by commercial and office development in downtown Fayetteville, with a single family residence adjacent to the southeastern border of the property. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Commercial (Colliers Drugstore, U.S. Post Office) Central Commercial (C-3); Residential -Office (R -O) South Single Family Residence/Office Central Commercial (C-3); East Office Central Commercial (C-3); West Commercial Central Commercial (C-3); K: IReports12006IPC Reports104-24-06ILSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 7 of 116 Previous Proposal: As submitted to the Subdivision Committee on March 30, 2006, the applicant proposed a 15 -story (225 feet in height) multi -use building for a 142 -room hotel with some condominium units (82 hotel -only, 60 hotel/condo units, 23 condo -only units), retail space, restaurant, bar, and other hotel accessory uses. Current Proposal: In response to comments from the Subdivision Committee regarding certain elevations, building height, compatibility, etc., the applicant redesigned many aspects of the structure, thereby reducing the maximum height and scale of the structure. The total number of condominiums and hotel rooms is similar to the number of units reviewed by the Subdivision Committee though reduced somewhat. In redesigning the structure, the square footage of some of the uses changed and a rooftop restaurant and bar is now being proposed in addition to the street level restaurant included on the plans reviewed by the Subdivision Committee. The building footprint of the currently proposed structure is the same as the original proposal that covered 97% of the 1.42 -acre site. The primary function of the structure would be a 137 -room boutique hotel with some condominium units (77 hotel -only units, 60 condo/hotel units, and 16 condo -only units), retail space, two restaurants, and two bars. Included in the structure are amenities associated with the hotel such as pool, fitness facility, ballroom, and banquet/meeting facilities. The square footage of each proposed use and parking requirements is depicted in Table 2. This development would provide vehicular access to Church Avenue and Block Avenue with a 380 - space parking deck incorporated into the structure. This project would also provide a 20' public alley linking the existing alley to Church Avenue. Request: The request is for Large Scale Development approval of the submitted site plans for the proposed commercial/residential development. Adjacent Master Street Plan Streets/Right-of-way Dedication: Right-of-way dedication in accordance with the Downtown Master Plan street standards as dimensioned on the submitted large scale development plat for Dickson Street (Main Street with minimum of 55' right-of-way), Church Avenue (ST -40 with a minimum of 40' of right-of-way), and Block Avenue (Main Street with minimum of 55' right-of-way) along the project frontages. All public sidewalks outside of the right- of-way shall be located within a sidewalk easement. Street Improvements: Install a left turn lane at the traffic light at Dickson Street/St. Charles and improve sidewalks to a minimum of 10' along all street frontages. Continue the sidewalk from the property south to Spring Street, replacing existing sidewalks in the same manner as those constructed on Dickson Street; width may vary, but should replace all sidewalk on the west side of Block Avenue. Water/Sewer: Water and sewer are available to the site and will be extended to the facility. Tree Preservation: Existing Canopy: 26.5% a Preserved Canopy: 0.0% Required Canopy: 15.0% Mitigation: Required; $5,500 into the Tree Escrow Account Parks: The Parks Recreation Advisory board recommended taking money -in -lieu of land to meet the K:IReports120061PC Reports104-29-061LSD 06-1997 (Divinity Hotel & Condor).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 8 of 116 parkland dedication requirements for the proposed residential condominiums. Tab e 2 (Current Proposal) Divinity Large Scale Development Use Type of Unit Amount of Unit Parking Ratio (1 space per ratio) Parking w/out Reduction Parking w/25% Hotel Accessory Use Reduction Parking Required Proposed New Structure Parking Requirements Hotel # of guestrooms 77 1 77 77 Condo/Hotel # of units (all 1 -bedroom units) 60 1 60 60 Condo (8 one -bedroom and 8 two-bedroom) # of bedrooms 24 1 24 24 Hotel Restaurant (street level) square feet 5,212 100 52 39 39 Hotel Bar (street level) square feet 1,567 50 31 24 24 Restaurant (rooftop) square feet 8,510 100 85 85 Bar (rooftop) square feet 1,250 50 25 25 Hotel Lobby Bar/Lounge square feet 1,862 50 37 28 28 Hotel Offices square feet 2,076 300 7 5 5 Hotel spa/fitness # of occupants 20 4 5 4 4 Hotel banquet hall/meeting rooms # of occupants 657 4 164 123 123 Retail square feet 6,452 250 26 26 Warehousing square feet 8,676 2,000 4 4 Total Parking Required 524 Minimum Parking at 30% Under Required 367 Total Parking Provided 380 Parking Credit for Existing Structures Onsite Office square feet 4,592 300 15 15 Retail square feet 1,300 250 5 5 Single Family Residential # of houses 3 2 6 6 Total Parking Credit 26 PARKING DEFICIENCY +39 Commercial Design Standards: It is the responsibility of the Zoning and Development Administrator to interpret the Unified Development Code, regarding Commercial Design Standards. A proposed commercial building "Should provide compatibility and transition between adjoining development... in construction and appearance." Building height undeniably affects the appearance of a building; therefore the official interpretation as has been applied historically, is that building height is to be considered, among other things, by the Planning Commission when determining if a project is compliant with these standards. At the time of Subdivision Committee review of this project the total height proposed was 225 feet, with 15 stories on a portion of the property. Staff did not find these elevations to be compatible and meet Commercial Design Standards. With a 2-1 vote, K:IReports120061PCReports104-24-061LSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 9 of 116 the Subdivision Committee also found that this project did not meet Commercial Design Standards, and recommended denial as presented. A 9 -story, 115 -foot structure, at a lower elevation on Dickson Street (approximately 50' lower), was recently approved, only with the developer being required by the Planning Commission to reduce height, utilize materials and design approach that transitions from surrounding, traditional architectural style, fitting into the context of the site in terms of massing and pedestrian scale along the street. Staff found similar issues to be addressed with this proposed structure, though the uses proposed fit very well into both existing zoning and to proposed Downtown Zoning Code. Staff has met with the applicant and architect multiple times, explaining our recommendations to decrease the overall building height and work with the design of the structure to provide more compatibility and transition to adjoining development. Staff is willing to work with the applicant to bring the proposed structure into what we find to be compliant. However, at the time of publication of this report staff has not received fully revised building elevations. Staff is anticipating revised building elevations to be presented by the applicant at the Planning Commission meeting. In discussion with the applicant, the maximum height has decreased considerably, and issues of compatibility with regard to scale have been addressed. The preliminary elevations thus far have decreased the overall height, as well as stepped the greater heights back from Dickson Street. Staff recommends evaluating the final building elevation revisions prior to making a recommendation to the Planning Commission. THE SUBDIVSION COMMITTEE FORWARDED THIS ITEM TO THE PLANNING COMMISSION WITH A RECOMMENDATION FOR DENIAL (03/30/06) WITH A VOTE OF 2-1. Recommendation: Staff recommends evaluating the final building elevation revisions prior to making a formal recommendation to the Planning Commission for LSD 06-1997 with the following issues to address: 1. Planning Commission determination of Commercial Design Standards and compatibility with the surrounding commercial developments. At the time of publication of this report, the applicant has not submitted revised building elevations to the Planning Division for a full and thorough review. The following recommendation is based on the 225' height, 15 -story building that was presented to the Subdivision Committee on March 30, 2006. Staff finds that the proposed building elevations do not meet architectural design standards for commercial structures with regard to compatibility and transition in appearance to adjoining properties. Staff recommends the building height be stepped back from the street, finding that a reduced height (3-4 stories) at the street level would be more compatible with surrounding, lower -story development on the two-lane Dickson Street, Block Avenue, and Church Avenue. A stepped -back design would provide a transition so that the street front is on a pedestrian scale, using materials that are also on a more pedestrian scale. Staff also finds that more attempts to reduce the overall height are warranted. No other structure on Dickson Street approaches the elevation and height of this particular proposal, creating difficulty in transition and compatibility. The elevations do, for the most part, exhibit a variety of materials and articulation. It appears that the design has avoided: (1) Unpainted concrete precision block walls; (2) Square, "boxlike" structures; K: IReports120061PC Reports104-24-061LSD 064997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 10 of 116 (3) Metal siding which dominates the main facade; and (4) Large out of scale signs with flashy colors. Staff recommends evaluating materials on all sides of the structure, pulling similar colors and materials from surrounding businesses on Dickson Street. Staff also finds that the building needs additional articulation on the south facade that will be visible from public right-of-way, incorporating some of the elements utilized elsewhere in the building on this very visible facade. In a review of preliminary revised elevations presented to staff by the applicant, many of these issues have been addressed. Materials and design features such as brick, glass, concrete, balconies, overhangs, terraces, outdoor dining and deck areas have been incorporated. The structure has been stepped back from the Dickson Street facade primarily, with a four-story elevation at this level. The structure then steps back before going higher. The `tower' feature as originally presented has been omitted. An overall building height is proposed at 9-10 stories for a portion of the building. At this time, staff requests public input and Planning Commission discussion regarding the proposed revisions to the building elevations, including height, scale, and compatibility; however, without a thorough evaluation prior to this report being published, staff anticipates being able to make a formal recommendation with regard to the final building elevations at the Planning Commission meeting. Other Conditions of Approval: 2. Planning Commission determination of street improvements. A professional evaluation of traffic movements and intersections in the vicinity was provided in writing (see attached). Based on the information provided and the project proposed, staff recommends the following street improvements: a. Left turn lane at the light at Dickson Street/St. Charles with adequate stacking distance to be approved by the City Engineer. b. A minimum of 10' sidewalk along all street frontages, and details (color, brick, etc.) to match Dickson Street improvements. c. Newly constructed sidewalks along Block Avenue south to Spring Street, to match those on Dickson Street. The applicant shall coordinate with staff to facilitate these improvements. d. Street lights (matching Dickson Street lights) along all frontages, as needed. 3. Planning Commission determination of a waiver for driveway width. The southern driveway exit onto Block Avenue is 16.3' in width. This is a one-way driveway which requires the aisle width to be no more than 15'. Staff recommends in favor of the requested waiver finding that the additional 1.3' feet requested would not cause adverse impacts to traffic movement or traffic safety. 4. Planning Commission determination of a waiver for driveway curb radii. Driveway curb radii are required to be 25'. The applicant requests the following waivers of this requirement: a. The northern driveway exit onto Church Avenue has a 20' curb radius on the northern curb. b. The northem driveway exit onto Church Avenue has a 15' curb radius on the K:IReports120061PC Reports104-24-061LSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 11 of 116 southern curb. c. The southern driveway exit onto Church Avenue has a 10' curb radius on the northern curb. d The northern driveway entrance on Block Avenue specifies a curb radius on the southern curb of 10'. e The southern driveway exit onto Block Avenue specifies a curb radius on the northern curb of 10'. Staff finds in favor of the requested curb radii finding that the requested curb radius are suitable in this urban setting with limited space to provide the full 25' on all driveways. 5. The plans shall be revised as follows: a. The plat shall have two points on the boundary described in State Plane Coordinates, Arkansas North Zone, North American Datum 1983 (NAD 83). b. The plat shall have a point -of -beginning from a permanent well-defined reference point clearly labeled on the drawing. c. The plat shall be revised to be consistent with the information presented on the building elevations regarding the building height, number of stories. In addition, the plat currently has conflicting information stating different numbers of condo and hotel units. d. Revise the parking table on the site plan to eliminate the 25% reduction for the retail use and roof top bar that are not considered to be accessory uses to the hotel. e. A minimum of six bicycle racks shall be included in an appropriate area outside of the right-of-way. These bicycle racks shall be depicted on the plans. 6. Right-of-way dedication in accordance with the Downtown Master Plan street standards as dimensioned on the submitted large scale development plat for Dickson Street (Main Street with minimum of 55' right-of-way), Church Avenue (ST -40 with a minimum of 40' of right- of-way), and Block Avenue (Main Street with minimum of 55' right-of-way) along the project frontages. 7. The plans indicate trees to be planted along the project frontage with approximately 30' between trees. These plantings shall match the Dickson Street Improvements with approval of the species to be coordinated with the City's Urban Forester. Tree grates shall be provided for the protection of planted trees. A detailed landscape plan shall be submitted at the time of building permit. 8. The proposed street tree plantings will require structured soil. A note should be added to the landscape plan indicating as such. Structured soil is required to be installed prior to the sidewalks. Coordinate with the Urban Forester prior to construction. 9. 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. 10. Mitigation will be required to replace 9,252 square feet of tree canopy removed. On-site K:IReports120061PC Reports104-24-O61LSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 12 of 116 mitigation is not an option for this project due to the site constraints. A check in the amount of $5,500 shall be deposited with the City before issuance of a building permit. The money will be deposited into the Tree Escrow Account. These funds will be used to plant trees in the vicinity of this project. 11. Payment of Park fees in the amount of $33.012 for 84 multi -family units shall be paid prior to issuance of a building permit. Standard Conditions: 12. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 13. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. Ground mounted equipment separate from the structure may be screened using large grasses or shrubs. A note shall be added to all construction documents stating as such. 14. All exterior lighting will be reviewed for compliance with the City's Lighting ordinance at the time of building permit. A lighting plan and manufacturer's cut -sheets of the proposed fixtures shall be submitted by the applicant and approved by Planning Staff as part of the building permit review. 15. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with 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. Any additional dumpsters located on site shall be screened from the right-of-way. 16. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Signs are not allowed to be placed in utility easements. 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 existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 19. Large scale development shall be valid for one calendar year. 20. 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 K IReports120061PC Reports104-24-061LSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 13 of 116 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: Planning Commission Action: ❑ Approval Motion: Second: Vote: Meeting Date: April 24, 2006 Comments: ❑ Denial ❑ Tabled 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:IReports120061PCReports104-24-061LSD 06-1997 (Divinity Hotel & Condos).doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 14 of 116 ARKANSAS THE CITY OF FAY131 FEVILI,E, ARKANSAS PLANNING DIVISION CORRESPONDENCE To: Fayetteville Planning Commission From: Jeremy Pate, Director of Current Planning Date: March 31, 2006 Subject: Applicability of Commercial Design Standards to Height 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 As required by the Unified Development Code, the code under which the Planning Commission operates to approve or disapprove applications that are required to be submitted for review, certain projects are subject to §166.14 Commercial Design And Development Standards. More specifically, §166.14 (D) Design elements guidelines for commercial structures contains the criteria by which staff and the Planning Commission reviews a project to determine if it is indeed compliant with these provisions. One of the provisions has been debated in recent Planning Commission meetings, with regard to height. The following is excerpted from that ordinance: §166.14 (D) (2) Construction and appearance design standards for commercial structures. (c) A development should provide compatibility and transition between adjoining developments. The interpretation of this section of the Unified Development Code, by ordinance, is not left to the Planning Commission or City Council; rather, the interpretation of a zoning or development ordinance is delegated to the Zoning and Development Administrator. That interpretation is a final interpretation, and can only be appealed by the owner of record to the Board of Adjustment. With regard to the question of "Can building height be considered as part of commercial design standards?", the official interpretation is yes, building height can be considered as part of the Planning Commission's review of Commercial Design and Development Standards, in determining whether the proposed building provides appropriate compatibility and transition between adjoining developments. It should be noted that this subsection falls under the heading "Construction and appearance design standards for commercial structures." The height of a building certainly affects its appearance and subsequently its compatibility and transition, or lack thereof, between adjoining developments. The Unified Development Code does designate height limitations within certain zoning districts, most commonly within multi -family residential districts. Instead of a strict limit within other districts, it is left to the Planning Commission to determine whether a proposed building meets the applicable criteria set forth in the Unified K: Ueremyi2006 Correspondencelinten2o1Memosllnterpretation ofCDS-Heightdoc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 15 of 116 Development Code, including Commercial Design and Development Standards. In contrast, the use of a property should not be considered to determine compatibility and transition, if that use is already allowed by right within the zoning district where the building is proposed to be located. If a zoning district allows a use by right, the Planning Commission may not deny an application for large scale development based on a finding of lack of compatibility or transition between the proposed use and adjoining developments. Recent questions of the application of commercial design standards differently in various parts of the city have also arisen. The criteria of Commercial Design and Development Standards are to be applied to property owners uniformly. However, determining transition and compatibility in a review of the appearance of a proposed building are inherently tied to the context of the environment in which a building is located. For example, the compatibility and transition of a commercial building within the Industrial Park will likely be very different than the compatibility and transition of a building near a residential district, or within an office park, or within the downtown. These applications are to be fairly and justly applied to projects within the city as a whole, and should take into account the surrounding environs. K: leremy12006.CorrespondenceIlnternal MemosIlnteipretation of CDS-Height doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 16 of 116 aye iev le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM Planning Commission Meeting April 24, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 To: Fayetteville Planning Commission From: Andrew Garner, Senior Planner Date: April 17, 2006 ITEM #: LSD 06-1997 (Divinity) Applicable Requirements: Plan Checklist: Y = submitted by applicant N = requested by city NA = not applicable NA NA NA N N NA wheel stops / curbs irrigation edged landscape beds indicated species of plant material identified size of plant material at time of installation indicated NA interior landscaping narrow tree lawn (8 'min. width, 17' min. length / 1 tree per 15 spaces) tree island (10' min- width / 1 tree per 12 spaces) perimeter landscaping side and rear property lines (5' landscaped) adjacent to street R.O.W (15' greenspace exclusive for landscaping / 1 street tree every 30 L.F., a continuous planting of shrubs and ground cover - 50% evergreen) soil amendments notes include that soil is amended and sod removed May 1, 2006 Special Planning. Commission ICIUrban ForestertPROJECTSILSD-2006(DivinnyHotel& CondolPlanning Commission 11 (Landscape Review).wd. LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 17 of 116 Planning Commission Meeting April 24 2006 Y mulching notes indicate mulching around trees and within landscape beds. Y planting details according to Fayetteville's Landscape Manual NA greenspace adjacent to street R.O.W. (15' wide) )r street trees planted every 30' L.F. along R.O.W. NA outdoor storage screened with landscaping F B H NA landscaped area (12' min.) NA fence required NA outdoorstoragescreened with landscaping NA non-residential landscape screen when adjacent to residential zones NA landscape requirement for setback reduction E 7527 NA greenspace adjacent to street R.O.W. (25' wide) NA street trees planted every 30'L.F. along R.O.W. NA 25% of total site area left in greenspace (80% landscaped) NA parking lots and outdoor storage screened with landscaping Recommendation: Approval of the landscape plan associated with LSD 06-1997 with the following conditions. Conditions of Approval: I..The plans indicate trees to be planted along the project frontage with approximately 30' between trees. These plantings should match the Dickson Street Improvements with approval of the species to be coordinated with the City's Urban Forester. 2. The proposed street plantings will require structured soil. A note should be added to the landscape plan indicating as such. 3. 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% ofthe cost of the materials and installation ofthe plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. May 1, 2006 Special Planning Commission KAUrban ForesterlPROJECTSILSD-20061Divinity Hotel& CondolPlanning Commission 11 (Landscape Reviewfwd. LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Pagel8 of 116 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 24, 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: April 4, 2006 ITEM # LSD 06-1997• Large Scale Development (Divinity Hotel & Condo) 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: acres s uare feet acres s. uare feet ercent of site area acres s. uare feet . ercent of total site area 1.41 61,680.96 16,361 26. % 0 0 o% 15% FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site is 26.5% canopy covered. Very few trees on the site are significant and most are in fair to poor condition. The site currently May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 19 of 116 has several buildings and houses with drives. There are two fence row of trees on the southern portion of the property. These trees are in poor shape, covered with vines while several are thorny locust species. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation will occur minimally on the site. Green space and canopy cover will be removed and replaced by a large impervious area. 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. • Canopy removed should not affect the adjacent property owners. 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. • Size and shape of the lot does not reduce flexibility of design. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of these trees is fair to poor. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • All trees will be removed for the construction of the structure. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • All trees will be removed. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • N/A Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation will be required on the site to replace the 9,252 square feet of canopy removed. The site will not allow for on-site mitigation. The effect other chapters of the UDC, and departmental regulations have on the development design. May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 20 of 116 • 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 with the following Condition of Approval. Conditions of Approval: 1. Mitigation will be required to replace 9,252 square feet of canopy removed. On-site mitigation is not an option for this project due to the site constraints. A check in the amount of $5500 shall be deposited with the City before issuance of a building permit. The money will be deposited into the Tree Escrow Account. These funds will be used to plant trees in the vicinity of this project. May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 21 of 116 ORDINANCE NO. 4854 AN ORDINANCE TO WAIVE § 166.17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS 114 RELATION TO THE PROPOSED DIVINITY CONDOS PROJECT WHEREAS, § 166.17 SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS prohibits issuance of a "permit for the erection of any building or structure, or permit for the conduct of any use" for 90 days following submission of the zoning amendment to the Zoning and Development Administrator; and WHEREAS, the City Council believes waiver of this 90 day delay period is in the public interest during the consideration of the Large Scale Development process of the Divinity Condos project (corner of Dickson and Block); and WHEREAS, the City Council does not,by passage of this waiver of § 166.17, indicate its support, approval, opposition or rejection of this project. NOW, THEREFORE, BE IT ORDAINED BY IHH, CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby waives the provisions of §I66.17 of the Unified Development Code so that the normal consideration and permitting process may move forward for the Divinity Condos project located on the block between Church ar""ifr,,, Block Avenues at Dickson Street withoutany 90 day delay period. ��•4�'S . 7 .Cti : FAYEI I EVILLE: s'q:'kANs?ZJV Jaid ...,^, cTON,,.,•..'� PASSED and APPROVED this 4a` day of April, 2006. APPROVED ATTEST: By: t• _ r By: 7a4d..." Mayor SONDRA SMITH, City Clerk May 1, 2006 Special Planning Commission LSD 06-1997 Divinity,-IoteJnd Condos nda Item 1 of 116 y ev ie ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE To: Mayor Dan Coody Fayetteville City Council From: Jeremy Pate, Director of Current Planningd Date: March 14, 2006 Subject: Suspension of Permits Pending Zoning Amendments On February 12, 2006, the Planning Division filed an official recommendation to refer to the Planning Commission an adoption of zoning amendments to the Unified Development Coda The "amendments were advertised in accordance with city codes, and action was taken by the Planning Commission on February 27, 2006. The Planning Commission has recommended to the City Council a new zoning code for the downtown area identified within the Downtown Master Plan, and is deliberating a map associated with these codes and districts. These amendments are proposed to create a Downtown Zoning Code and new zoning district map, in accordance with the Downtown Master Plan as adopted by the City Council in 2004. Pursuant to Ch. 166.17 of the Unified Development Code, staff may not issue any permits for structures, buildings or uses in the area concerned (the Downtown Master Plan boundary) that would be prohibited otherwise for a period of 90 days following the matter being referred to the Planning Commission. This memo is to call attention to the City Council that any request submitted to the Planning Division or Building Safety Division within the Downtown Master Plan boundary will be suspended for that period of time, to end on May 13, 2006, unless the City Council takes final action on the question within that time. To my knowledge, there are two requests that are affected by this proposal; each applicant will be notified immediately. 125 W Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 KUeremy!2006 Correspondencellnternal MemoslSuspension ofPennies Pending Zoning Amendmenls.doc May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 23 of 116 Date: 3/7/2006 From: Clyde Randall GIS Office 444-3431 PLAT REVIEW CHECKLIST: Re: Divinity Hansen Number: 1997 Comments: Closure OK. POB not labeled on drawing. See checklist. Items Needed ( if checked): 1._X_Each plat shall have 2 points on the boundary described in State Plane Coordinates, Arkansas North Zone, North American Datum 1983 (NAD 83). 2. Written legal descriptions that read clockwise, including area in square feet or acres. This shall be provided on the plat. (Note: If the project covers more than one tract, the legal for each individual tract and a total tract description must be provided.) 3. Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. The survey shall be tied to State Plane Coordinates (see item #1). 4._X_Point-of-Beginning from a permanent well-defined reference point. This POB shall be clearly labeled on the drawing. 5. Curve data for any street or line which forms. a project boundary (preferably radius, length of curve, chord distance and bearing). 6._X Provide a CAD file of project to the GIS Office upon final approval. Note: Items are taken from application and code requirements. May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 24 of 116 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3469 TO: FROM: DATE: Andrew Garner, Associate Planner Alison Jumper, Park Planner March 28, 2006 SUBJECT: Parks & Recreation Subdivision Committee Comments Meeting Date: March 30, 2006 Item: LSD 06-1997 Divinity Hotel and Condos Park District: SW Zoned: C-3 Billing Name & Address: Lynnkohn, LLC Land Dedication Requirement Single Family @ .024 acre per unit = acres Multi Family @ .017 acre per unit = acres Mobile Home @ .024 acre per unit = acres Lot Split COMMENTS: Money in Lieu �@ $5,55 per unit = $ 83_@ $393 per unit = $32,619 @ $555 per unit = $ @ $555 per unit = $ • On March 6, 2006 PRAB recommended accepting money in Lieu to meet the Park Land Dedication requirements for this development. • Square Gardens, Wilson Park and Frisco trail are within a half mile of this development and will serve the recreational needs of the residents. Additionally, the developer will provide amenities such as a fitness room and swimming pool for the residents. • Fees are due before building permit will be issued. LSD06---1 May 1, 2006 Special Planning Commission LSD 06-1997 Divinity Hotel and Condos Agenda Item 1 Page 25 of 116 12ktilir 4,44 CUL 7.fl.jtmllulil 1111 Rn a'fl vJ 11-1 wx °� 1. il li, Iinigg MI 1711'I • 9 873!71 WIMP 18771 ip !111311111:8 MR MIR Will ilml 111,711/8e ��rllleli 1ii17a. lFilraifa u`11111111171e 11111 6S'2�7 011ll lllji Ightti mIJPMllilill i!'t lliiliii(iiiiii)i19l R1ai1 p0Cial f la,nii1 iy C01 IM 2006 sion ndos - Agenda Item 1 Page 26 of 116