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Home My WebLink About2006-06-12 - Agendas - Final'Fayeiteylle 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, June 12, 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 fl ARKANSAS Tentative Agenda 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, June 12, 2006, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Approval of the minutes from the March 27, 2006 and April 24, 2006 Planning Commission meeting. Consent: 1. ADM 06-2142: Administrative Item (CROSSOVER SIDEWALKS): The request is to amend the Planning Commission's condition of approval for construction of sidewalks for those projects along Crossover Road as identified, to allow money -in -lieu of construction. Planner: Suzanne Morgan Old Business: 2. LSD 06-1997: Large Scale Development (DIVINITY HOTEL & CONDOS, 484): Submitted by 112 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 Gamer THE APPLICANT HAS REQUESTED TIIIS ITEM BE TABLED TO THE JUNE 26, 2006 PLANNING COMMISSION MEETING. New Business: 3. ADM 06-2078: Administrative Item (DOWNTOWN MASTER PLAN): For Discussion: Downtown Master Plan/Entertainment District Ordinance Amendments Planner: Leif Olson THIS ITEM WILL BE TABLED TO THE JUNE 26, 2006 PLANNING COMMISSION MEETING. 4. ADM 06-2137: Administrative Item (NELSON'S CROSSING SIGN): The request is to utilize a message board -type sign, which constitutes a waiver of indirect lighting for signage as required in the Design Overlay District. Planner: Andrew Gamer 5. PPL 06-2053: Preliminary Plat (WELLSPRING, 400): Submitted by CRITICAL PATH DESIGN for property located NE OF RUPPLE RD AND WEDINGTON DR. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DIST. and contains approximately 152.23 acres. The request is for a subdivision of 159 total lots with 132 single family lots. Planner: Andrew Garner 6. PPL 06-2032: Preliminary Plat (TIMBERLAKE OFFICE PARK, 135): Submitted by FREELAND, KAUFMANN & FREEDEN for property located at 1250 E ZION RD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 18.4 acres. The request is for a Residential Office subdivision with 18 lots for future development. Planner Suzanne Morgan 7. PPL 06-2079: Preliminary Plat (ADDISON ACRES S/D, 569): Submitted by HGM CONSULTANTS, INC. for property located at 4230 E. HUNTSVILLE ROAD. The property is zoned RSF-7, SINGLE FAMILY - 7 UNITS/ACRE and contains approximately 5.94 acres. The request is for 18 single family lots. Planner: Suzanne Morgan 8. 14-PZD 06-2035: Planned Zoning District (THE MAPLES, 365): Submitted by PROJECT DESIGN CONSULTANTS, INC for property located SE OF DEANE STREET AND LEWIS AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.91 acres. The request is for a Residential Planned Zoning District with 16 dwelling units. Planner: Jesse Fulcher 9. CUP 06-2089: (CORDES, 331): Submitted by VAUGHN-MICHAEL & MONICA CORDES for property located at 1720 E. SUSAN DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acres. The request is for a home occupation/day care. Planner: Jesse Fulcher 10. CUP 06-2090: (RAMSEY, 559): Submitted by MELISSA RAMSEY for property located at 925 & 927 S. HOLLYWOOD AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.26 acres. The request is to allow an existing duplex in the RSF-4 zoning district. Planner: Jesse Fulcher 11. CUP 06-2091: (JONES, 367): Submitted by CHARLES P JONES for property located at 227 W. MILLER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.26 acres. The request is for a duplex in an RSF-4 zoning district. Planner; Jesse Fulcher 12. CUP 06-2092: (UNITY OF FAYETTEVILLE, 399): Submitted by UNITY OF FAYETTEVILLE for property located at 4880 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 2.74 acres. The request is to convert an existing structure into a classroom. Planner: Jesse Fulcher 13. RZN 00-2088: (TRI -CITY INVESTMENTS, LLC, 527): Submitted by CRAFTON TULL & ASSOCIATES INC. - ROGERS for property located at NW OF HWY 16 AND STONEBRIDGE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.78 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Jesse Fulcher All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. ay ile ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 8, 2006 PC Meeting of June 12, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2142: Administrative Item (CROSSOVER SIDEWALKS)• The request is to amend the Planning Commission's condition of approval for construction of sidewalks for those projects along Crossover Road as identified, to allow money -in -lieu of construction. Planner: Suzanne Morgan BACKGROUND In review of the building permits and Certificate of Occupancy inspections for Paradise Point, DOCS Professional Building, and Kantz Professional Building, staff discovered that the conditions of approval placed on these projects require construction of a 6' sidewalk adjacent to Crossover Road. The City has entered into an equal cost share agreement with AHTD for the widening of Hwy 265, which is scheduled to take place in 2007. Sidewalk construction along Hwy 265 will be included in this project. It is, therefore, the recommendation of the Sidewalk Coordinator and City Engineer to modify conditions of approval for these projects to require money in lieu for the construction of a 6 foot sidewalk for the entire length of each property. (See attached memo.) Other projects, such as Botanical Gardens of the Ozarks and Hickory Park Subdivision, were also required to construct a sidewalk adjacent to Crossover Road. Each was revisted by the Planning Commission and conditions of approval were modified to require a fee in lieu of sidewalk construction on Crossover Road. Therefore, the proposed amendment to the conditions of approval placed on the Paradise Point, DOCS Professional Bldg and Kantz Professional Bldg is consistent with previous recommendations from the Planning Commission. RECOMMENDATION Staff recommends the modificaition of conditions of approval regarding sidewalk construction on Crossover Road (Hwy 265) for R-PZD 05-1734 (Paradise Point), LSD 04-02.00 (DOCS Professional Bldg), and CUP 04-1140 (Kantz Professional Bldg) proposing the following conditions: K\Reports120061PC Reports106-12-06WDM06-2142 (Crossover Sidewalks).doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 1 of 16 Condition of Approval: 1. The developer shall pay money in lieu of construction of a 6' sidewalk adjacent to Crossover Road due to the pending street improvements along this right-of-way; the amount of money to be paid shall be approved by the Engineering Division. 2. All other requirements and conditions of approval of R-PZD 05-1734 (Paradise Point), LSD 04-02.00 (DOCS Professional Bldg), and CUP 04-1140 (Kautz Professional Bldg) shall remain in effect unless otherwise modified by the Planning Commission. Additional conditions: Planning Commission Action: O Approved El Denied O Tabled Motion: Second: Vote: Meeting Date: June 12, 2006 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date 1<:IReporu120061PC Reports106-12-06WDM 06-2142 (Crossover Sidewalks).doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 2 of 16 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jeremy Pate, Director of Current Planning Planning Commission From: Chuck Rutherford, Sidewalk Administrator Date: June, 7, 2006 Subject: Money -In -Lieu of Sidewalk Construction At the time of the plat review process sidewalk construction was asked for on these projects, Doc's Professional Building, Kantz Professional Building and Paradise Point (R-PZD). The City of Fayetteville has entered into an equal cost share agreement with AHTD for the widening of Hwy 265 with the money being available in 2007. Sidewalk construction along Hwy 265 will be included in this project. I recommend money -in -lieu of the sidewalk for these projects and not construct the sidewalks because the location and elevation for the sidewalk will most likely not match the AHTD project. June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 3 of 16 I'1[E CITY OF FAYETTEPILLE, ARKANSAS PC Meeting of November 28, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 21, 2005 Updated December 2, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 05-1734: Planned Zoning District (PARADISE POINT,177): Submitted by 112 ENGINEERING, INC. for property located at W OF CROSSOVER, S OF JOYCE BLVD. The property is zoned RMF -24, Residential Multi -Family — 24 units per acre, and contains approximately 1.55 acres. The request is to approve a Residential Planned Zoning District with 12,065 s.f. of retail space, 12 residential units (24 bedrooms) and 55 parking spaces proposed. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN Findings: Property Description: The subject property consists of approximately 1.55 acres located west of Crossover Road and the UAMS Campus. It is currently zoned RMF -24 and surrounded by a golf course to the west and south. Proposal: The applicant requests a rezoning and large scale development approval for a mixed use development within a unique R-PZD zoning district. The proposed New Orleans style building will be two stories with 11 residential units on the second floor and one residential unit with 12,065 square feet of retail/office retail space on the first floor. Surrounding Land Use/Zoning: Direction Land Use Zoning North UAMS Campus R -O, C-1 South Golf Course RMF -24 East Vacant R -O West Golf Course RMF -24 K:IReports12005IPC Reports1l1-28-05tR-PZD 05-1734 (Paradise Point)_ CC Finatdoc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 4 of 16 The following bulk and area regulations are proposed by the applicant: (A)Proposed Uses. Permitted uses Use Unit 1 City-wide uses by right Use Unit 2 City-wide uses by conditional use permit Use Unit 5 Govemment Facilities Use Unit 12 Offices, studios, and related services Use Unit 15 Neighborhood Shopping Goods Use Unit 16 Shopping Goods Use Unit 17 Trades and Services Use Unit 24 Home occupations Use Unit 25 Professional Offices Use Unit 26 Multi -family Dwellings Conditional Uses Unit 2 City-wide uses by conditional use permit Use Unit 13 Eating Places Use Unit 36 Wireless Communication Facilities (B) Density. Units per acre 7.7 (C) Bulk and area regulations. Lot minimum width 40 feet Lot area minimum 1.55 acres Land area per dwelling unit 5,625 square feet maximum (E) Setback requirements. Front Building Setbacks: 50'. Rear Building Setback: 3' Side Building Setback: 3' (F) Height. 35' maximum height (G)Building area. 19.9% of site. Water & Sewer: Water and sewer lines are being extended to serve the development. Access: The applicant has proposed access to the development from Hwy 265 and an access easement through the U of A Medical Sciences campus to the north. At this time, the applicant K:IReparts120051PC Reports111-28-051R-PZD 05-1734 (Paradise Point)_CC Final doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 5 of 16 has not received approval of the proposed access to the north. Staff recommends that should this access easement not be obtained by the developer prior to building permit consideration, that the project be reconsidered by the Planning Commission to determine if with one access to Crossover Road/Hwy 265 that safe and adequate means for traffic is provided. Adjacent Master Street Plan Streets: Hwy 265 (Crossover Road) — Principal Arterial Street Improvements: Staff recommends street improvements on Hwy 265 to include the construction of a sidewalk. Parks: Park fees are due for 12 multi -family dwellings. Tree Preservation: Existing: 23% Preserved: 13% Required: 23% Mitigation will be required to replace 6014 square feet of canopy. The applicant has chosen to do a combination of on-site planting and a deposit into the Tree Escrow Account. Recommendation: Staff recommends forwarding the Master Development Plan — Planned Zoning District for Paradise Point (R-PZD 05-1734), to the City Council for approval with the following conditions: The Planning Commission voted 8-1-0 to approve an amendment to Condition 1117 with Commissioner Anthes voting no. The Planning Commission voted 9-0-0 for approval of the rezoning and development approval with the following amended conditions: Conditions of Approval: Planning Commission determination of street improvements. Staff recommends construction of a 6' sidewalk along Hwy 265, adjacent to the Master Street Plan right- of-way. 2. Planning Commission determination of commercial design standards. Staff finds that the proposed elevations are compliant with Commercial Design Standards and the intent of the architectural design criteria listed within the Master Development Plan Project Booklet. The Subdivision Committee found in favor of the proposed elevations and supported the modification of the building material of the western elevation from brick to siding. The Planning Commission voted to approve the commercial design standards. K:1Reports120051PC Reports1l1-28-0518-PZD 05-1734 (Paradise Point)_CCFinal doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 6 of 16 RPZDO5-1734 Close Up View PARADISE POINT E BLVD --------- -- -------- SUBJECT PROPERTY RAYIOR DR Y.51:.4 f:Ndr-24 Legend B0000ooOo Overlay District — FLOODWAY — 500 YEAR m — 100 YEAR LIMB OF STUDY - Baseline Profile CI Fayetteville pct. -4 Outside c]ly sam RPZD05-1734 vector.G06.Foo(aint-2004 0 75 150 300 450 600 Feet November 28, 2005 Planning Commission R-PZD 05-1734 (Paradise Point AJcn�da hf— - , 2006 Pk,13Mnission .. ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 7 of 16 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE LSD 04-02.00 Page PC Meeting of February 23, 2004 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: February 17, 2004 LSD 04-02.00: Large Scale Development (DOCS Professional Building, pp 138) was submitted by David Gilbert of Jorgensen & Associates on behalf of Randall Oates for property located on Crossover Road (Hwy 265) at Hillside Terrace. The property is zoned R -O, Residential Office and contains approximately 2.10 acres. The request is to allow the development of an 11,088 s.f. Medical/Dental office building with 32 parking spaces proposed. Planner: Suzanne Morgan Findings: Proposal: The applicant's request is to construct a two-story 11,088 s.f office building, located east of Crossover Rd. and west of Hillside Terrace. The subject property is a triangular shaped lot with frontage on Crossover Rd. and Hillside Terrace within the R -O, Residential Office, zoning district. The site is currently vacant with 89% canopy. The use of the building will be both medical and professional office with a maximum of two practicing doctors the remaining use for software development. Parking requirement was calculated for the medical office use at 1 space per 250 s.f. The required parking is 45 spaces with the minimum allowable 32 spaces provided. Two accesses are provided to the site. One is from Crossover Rd. and access the building and parking lot at the southwest corner of the site with the second from Hillside Terrace accessing a parking lot at the southeast corner of the site. Surrounding Land Use /Zoning: Direction Land Use Zoning North Fayetteville Athletic Club Single family residential C-1, Neighborhood Commercial R -A, Residential Agricultural South Vacant Single family residential R -O, Residential Office RSF-4, Residential Single-family, 4 units/acre East Single family residential R -A, Residential Agricultural West Vacant Vista Health; commercial outlet R -O, Residential Office C-1, Neighborhood Commercial KUReports120041PC Reporls102-23-091LSD 04-02.00DOCS Prof Bldg.doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 8 of 16 LSD 04-02.00 Page 2 Right-of-way being dedicated: Total of 55' from centerline of Crossover Rd. to be dedicated by warranty deed; right-of-way along Hillside Terrace for a total of 25' from centerline. Adjacent Master Street Plan Streets: Crossover, Principal Arterial; Hillside Terrace, Local Tree Preservation: Existing canopy: 89% Preserved canopy: 24.5% Required canopy: 20% Traffic Generation: A general office building with 20 employees generates an average of 66 two-way trips per weekday. A medical office building with 2 employees generates an average of 18 two-way trips per weekday. Public Comment: Staff has received several calls from the public concerning traffic concerns on Crossover Rd and cut through traffic on Hillside Terrace and Valarie Dr. Recommendation: Staff recommends approval with the following conditions: Conditions of Approval: 1. Planning Commission determination and approval of Commercial Design Standards. Stafffinds the building elevations to be in general compliance with Commercial Design Standards. 2. Planning Commission determination of a waiver request for a retaining wall greater than 10' in height. Staff is in support of this request. Planning Commission determination of off-site street improvements. Staff recommends improvements a minimum of 14' from centerline of Hillside Terrace to include curb, gutter, and storm sewer. Dedication of right-of-way for a total 55' from centerline of Crossover Rd (Hwy 265) and 25' from centerline of Hillside Terrace. Right-of-way on Crossover Rd. shall be dedicated by warranty deed prior to building permit. Payment into City's escrow account for sidewalk guarantee shall include cost of southwest portion of sidewalk to be constructed at/� the time of development to the south. (A c,' s _putzilc.l< -6 lot cons-kwiw on &bSSo ve4 R l etceiv of n3 4tas eatee 4 Corner 4 it, ft rt ct5.. sS blkta..on on-Flz-,(1; 1x-'.`(w.c. Standard Conditions of approval: 6. All mechanicaUutility equipment shall be screened using materials that are compatible with and incorporated into the structure. 7. Trash enclosures shall be screened with access not visible from the street, with materials compatible with and complimentary to those of the associate building. 8. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR KtReports120041PC Reports102-23-04tLSD 04-02.00DOCS Prof Bldg. doe June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 9 of 16 LSD 09-02.00 Page 3 Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 9. 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. 10. Large scale development shall be valid for one calendar year. 11. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits /b. Separate easement plat for this project that shall include the tree ovistofpreservation area. ✓c. Project Disk with all final revisions /d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §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 12. Sidewalk construction in accordance with current standards. Per Landscape Administrator and Sidewalk Coordinator's recommendation, the sidewalk along a portion of Hillside Terrace has not been located at the right-of-way line to preserve additional canopy. Sidewalks shall be installed or guaranteed in accordance with Ch. 158.01 prior to final plat approval. 13. Additional conditions: AIM: ntsL enrlos will -nl c[oo r. PLANNING COMMISSION ACTION: ves Required Date: February 23, 2004 V Approved Denied Comments: gitt )Z k' ..0 The "CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K: IReparts120041PC Reports102-23-04ILSD 04-02.00DOCS Prof Bldg.doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 10 of 16 LSD04-02.00 Close Up View R -O C-1 DOCS PROFESSIONAL BUILDING C-1 C-1 a LA R -A 8 R -O Overview i —i i RSF-4 RSF-4 Legend 0008 Overlay District ease Pdnclpai Arterial — FLODDWAY Master Street Plan Minor Ade' I — 100 YEAR Master Street Plan — — Collector 500 YEAR wr/r/Freeway/Expressway •••• Historic Coles _ LIMIT OF STUDY ! City Limits - - - BaseLine Profile Outside City LSD04-02.00 0 75 150 300 450 600 Feet R -A June Iz, 2u06 Planning Commiss on ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 11 of 16 LSD04-02.00 One Mile View DOCS PROFESSIONAL BUILDING Overview Legend Subject Property LSD04-02.00 Streets 'Th.—, Existing *4j Planned 0 0.1 0.2 Boundary Planning Area .9000 4, Overlay District 000040 [ I City Limits t:__, gy;t Outside City 0.4 0.6 Master Street Plan Freeway/Expressway PrincIpal Arterial intko Minor Arterial %• Collector •••• Historic Collector _ 0. Miles June 12, >--006 Planning Commh sion ADM 06-2142 (Crossover Sidewalks) Agenda Itrm 1 Page 12 f16 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PPL 04-1140 Page 1 PC Meeting of August 09, 2004 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: August 4, 2004 CUP 04-1140: Conditional Use (KANTZ PROFESSIONAL BUILDING, 371): Submitted by MEL MILHOLLAND for property located at HWY 265, CROSSOVER ROAD, S OF 2755 KANTZ DRIVE.. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.52 acres. The request is to approve 4 residential units on the second floor of an approved commercial project. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN RECOMMENDED MOTION: Staff recommends approval of CUP 04-1140 with the following conditions: 1. Compliance with all conditions of approval of VAR 04-05.00. 2. The conditional use permit shall be in accordance with submitted plans, information and conditions as set forth in the staff report, by reference. 3. A Certificate of Zoning Compliance is required to be issued. 4. A 6' sidewalk shall be constructed along Hwy 265 (Crossover Rd.) in accordance with the Master Street Plan and Sidewalk Coordinator's approval. 5. All new utilities shall be placed underground. 6. Screening of all trash, mechanical and utility equipment. 7. Commercial design standards shall be reviewed by staff at the time of building permit. K:IReporls120041PC Reporls108-09-041CUP 04-1140 (Kant Professional Bldg).doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 13 of 16 PPL 04-1140 Page 2 PLANNING COMMISSION ACTION: Required YES Approved 0 Denied Date: August 09, 2004 Comments: 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: Property description: The 0.52 -acre subject property is located on Crossover Road, two lots south of Kantz Drive. The R -O, Residential Office zoned site is currently vacant, along with the property to the south, which is zoned C-1, Neighborhood Commercial. Kantz Place, an apartment complex, resides to the west of the subject property. Additionally, the Wal-Mart Neighborhood Market lies to the southwest, but is not directly adjacent to this property. Access is proposed from Crossover Road. On May 03, 2004, the Board of Adjustment approved a variance for the reduction of the rear setback requirement from 25 feet to 15 feet, a 10 -foot variance with four conditions of approval. Proposal: The applicant is proposing to construct a two-story building, with professional office on the 1st floor and four residential dwelling units located on the 2"d floor. Development requirements of the site include the provision of a future cross -access to property to the south and required parking. The developer pursued a variance to utilize a portion of the rear setback, along which a retaining wall is to be constructed, as buildable area- The zoning allows the developer to develop single or two-family residential units on this property; however; multi -family units are allowed within the Residential Office zoning district only as a conditional use. Request: The request is for a conditional use approval to allow four attached residential units, which falls under Use Unit 26, within the R -O zoning district. Recommendation: Staff recommends approval of the request for four attached residential units on the subject property. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Professional Office (Dr. Knowles) R -O, Residential Office South Vacant C-1, Neighborhood Commercial East Crossover Road (Hwy 265) R -O, Residential Office West Kantz Place Apartments R -O, Residential Office K:IReporlst20041PC Repons108-09-041CUP 04-1140 (Kanft Professional Bldg).doc June 12, 2006 Planning Commission ADM 06-2142 (Crossover Sidewalks) Agenda Item 1 Page 14 of 16 CUP04-1140 Close Up View KANTZ PROFESSIONAL BUILDING COPPER OAKS PLZ • RSF-4; __ _ — - —c ..y, - , , . " I * • , , . , , , ; , , R_o , , , . , a : 0 • 0 i • Overview F pOPTTS;01:03m Legend 6,0000 ESSEIS1 ,20008 Ovenay Distrid Master Street Plan MOM= Master Street Mao 115:e Freeway/Expressway • • • • 0 75 150 Principal Arterial - Minor Arterial - Collector --- Historic Collector Isw,1 300 450 R -O C-1 FLOODWAY 100 YEAR SOO YEAR LIMIT OF STUDY Baseline Profile CUP04-1140 Fayetteville Outside Orly 600 Feet 1 1 RSF-4 11 RSF-4 RSF-4 La > 1 1 < , i g It 40 1 1 1-1-311111;' June 12, 2003 Planning Commissio 1 ADM 06-2142 (Crossover Sidewalk:) Agenda Item 1 rage o-arr KANTZ PROFESSIONAL BUILDING Legend Subject Property CUP04-1140 Streets Existing 'Waitylanned Boundary ".--xr. Planning Area &000% o0 Overlay District 0000 Outside City 0 0.1 0.2 0.4 Master Street Plan Freeway/Expressway Principal Arterial Minor Medal %s Collector •••• Historic Collector 0.6 0.8 Miles June 12,006 Planning Commi sion ADM 06-2142 (Crossover Sidew Iks) Agenda It m 1 Page 16 of 16 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: June 6, 2006 Planning Commission Meeting June 12, 2006 125 W. Mountain St. Fayettevillc, AR 72701 Telephone: (479) 575-8267 LSD 06-1997: Large Scale Development (DIVINITY HOTEL & CONDOS, 484): Submitted by 142 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 THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL THE JUNE 26, 2006 MEETING OF THE PLANNING COMMISSION. K:IReports120061PC Reports106-12-061LSD 06-1997 (Divinity Hotel & Condos).doc June 12, 2006 Planning Commission LSD 06-1997 (Divinity Hotel & Condos) Agenda Item 2 Page 1 of 2 ��7 ENGINEERING, INC. June 5, 2006 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 ATTN: Planning Commission Chairman RE: Divinity Hotel and Condominiums Madam Chair, Please consider this correspondence as a request to table the above referenced project from the June 12 Planning Commission agenda to the June 26 Planning Commission. We are currently making design changes which we hope will be significant enough to gain both staff and the Commission's support. However, due to the scale of the changes, we are unable to have the revised plans completed by the June 5 submittal deadline. We appreciate the effort and consideration each Commissioner has put forth in the discussion of this project and are more anxious than anyone to come to some resolution. We do not want this process to drag on any longer than is needed; however, we feel the significance of the design changes warrant further delay. Thank you for your consideration in this matter. Sincerely, Thom A. Hennelly, P.E. President /70H2 Engineering, Inc. 275$ Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.5 a� Q ��p�lJ� r • �Junezo}op ��U 96997�[SMFAty1'Idt 'Sine .elm Agenda Item 2 Page 2 of 2 vu Yi- ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 12, 2006 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Leif Olson, Long Range Planner THRU: Jeremy Pate, Director of Current Planning DATE: June 6, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2078: Administrative Item (Downtown Master Plan Entertainment District Regulations): The request is to table the Downtown Master Plan Entertainment District regulations until the Planning Commission meeting of June 26, 2006. Planner: LEIF OLSON Request: The request is to table this item until the June 26, 2006 Planning Commission meeting. A special meeting of the Planning Commission will be scheduled to discuss this item following the regularly scheduled June 22, 2006 agenda session. Background: Staff has drafted amendments to the Unified Development Code for the adoption of a Downtown Entertainment District which addresses the following items: Sidewalk Cafes, Bus Shelters, Taxi Stands, Artist Live/work Units, and Downtown Wayfinding. The proposed amendments have been reviewed by the City Attorney and a memo prepared by the City Attorney is attached. June 12, 2006 Planning Commission ADM 06-2078 (DMP Entertainment District) Agenda Item 3 Page 1 of 8 FAYETTEVILLE THE CITY OF FAYETTEVILIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WFIITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Planning Commissioners Planning Department Staff FROM: Kit Williams, City Attorney DATE: May 30, 2006 RE: Proposed Downtown Master Plan Amendments Signs/Taxi Stands/Bus Shelters/Sidewalk Cafes Chapter 177: Sidewalk Cafes §177.02 Definition Replace "a" with "the" to ensure that sidewalk seating is served by restaurant fronting that portion of the sidewalk. §177.03 Authorization I recommend several changes to the first subsection (A) under §177.03. First the City should not be required to allow a sidewalk cafe without a public hearing. Instead of creating a new, undefined term (lease agreement), we should use an established procedure (conditional use) for sidewalk cafes. Change "City of Fayetteville to "Planning Commission", "shall" to "may","lease agreement" to "conditional use permit", and "street" to "sidewalk". That sentence should read: (A) The (Planning Commission) shall (may) issue a. (conditional use permit) establishing and maintaining a sidewalk cafe on a part of a street (sidewalk)." June 12, 2006 • - Planning Commission ADM 06-2078 (DM P.Entertainment District) - Agenda Item 3 - Page2of8 Conditional uses should be issued by the Planning Commission following normal procedures after public hearing. All other provisions found in (B) could be handled as conditions for the granting of a conditional use. These probably should go into the Conditional Use chapter. §177.04 Requirements Throughout this section "license" should be replaced with "conditional use permit". This should probably be in the Conditional Use chapter. The initial wording should read: "Sidewalk cafes shall meet the following requirements as well as all conditions of approval which may limit hours and dates of operation, whether or not smoking will be permitted, and any additional conditions reasonably appropriate." SIGNS My position remains that it is preferable to refrain from any amendment to our current sign ordinance as expressed in my memo of April 27, 2006 (copy attached). However, if the policy decision is made that kiosks and banners ,are so necessary or beneficial to the Downtown area that they should be used despite legal dangers, I have some suggestions for the least dangerous amendments to the Sign Ordinance (Chapter 174 of the U.D.C.). "174.13 DOWNTOWN MASTER PLAN AREA" "Because of its unique and historical entertainment character and for tourist information and traffic safety, the Downtown Entertainment Zone may include a limited number of Kiosks and across the street banners to be installed solely by the City and containing no advertising or commercial content. "(A) Informational Kiosks with a map of the Downtown Entertainment Zone may be placed upon city right of way by the City. The Kiosks shall contain only a map and/or description of the Downtown Entertainment Zone, public 2 June 12, 2006 Planning Commission ADM 06-2078 (DMP Entertainment District) Agenda Item 3 Page 3 of 8 buildings and facilities, parking areas, and entertainment facilities within or near this zone. "(B) Cross Street Banners "(1) The City of Fayetteville may install cross street banners no larger than 30 feet by 3 feet at the following three locations: "(a) Across Dickson Street at St. Charles Avenue intersection; "(b) Across Dickson Street at Arkansas Avenue intersection; "(c) Across East Avenue at Spring Street intersection. "(2) Banners shall only be used to notify motorists of city sanctioned festivals or events that will result in city street closures for the festival or event for at least six hours. These banners shall meet all the requirements of §174.03 (J)(1) as to when they can be displayed prior to a festival or event." BUS SHRTTERS§171.01(E) I recommend handling this also as a conditional use request to be heard and determinedby the Planning Commission. Some of the currently proposed "bus shelter elements" can be spelled out in the Conditional Use chapter. I recommend against the "public art project" as the First Amendment will not allow us (the government) to decide what gets displayed on this newly created "free speech art public forum". The location of the "litter receptacle" might best be left to the conditional use permit hearings We need to keep in mind that bus shelters will probably be requested by governmental (U of A or City of Fayetteville) or non-profit (ORT) entities. Thus, insurance should not always be required and cash or surety bonds are probably inappropriate. Public Hearings so nearby residents can express concerns are more important than a detailed list of specifications and requirements. 3 June 12, 2006 Planning Commission ADM 06-2078 (DMP Entertainment District) Agenda Item 3 Page 4 of 8 TAXI STANDS §1 71.01 (F) Most of the uses of "shall" in this section should be made permissive ("may") rather than mandatory upon the City Council and staff. I would eliminate subsection 1 as unnecessary for the actual Code. These could be placed within the introductory "Whereas" Clauses of the enacting ordinance. I would slightly revised this code section as shown below: "(F) Taxi Stands. A taxi stand is a portion of a public street designated by the City Council as a place in which permitted taxis may stand to wait for a passenger. "(1) No unattended parking allowed. A taxi must remain attended by its driver and ready for service while located within a taxi stand. "(2) City Council establishment of taxi stands. (a) The City Council may establish taxi stands on portions of city streets or facilities or private areas if permitted by the owner. (b) The establishment, enlargement, or removal of a taxi stand shall be by City. Council Resolution after public hearing. Adjoining property owners within the block of the street or abutting the parking lot in which the taxi stand is proposed shall be notified by mail by the Planning Division and a planning notification type sign shall be placed near the taxi stand location two weeks before the public hearing at City Council." ARTIST STUDIO I have no comments upon this definition which would allow an attist to live within his or her studio, store, or workplace. June 12, 2006 Planning Commission ADM 06-2078 (DMP Entertainment District) Agenda Item 3 Page 5 of 8 FAYETT EVIL LE THE CITY OF FAYETTEVIIIE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVM WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor Tim Conklin, Planning & Development Management Director Leif Olson, City Planner Planning Commissioners FROM: Kit Williams, City Attorney C__7C� DATE: April 27, 2006 RE: Proposed Revisions of the Sign Ordinance to create new provisions authorizing offsite signs in the Downtown Master Plan area The City of Fayetteville bit the bullet and outlawed offsite signs in Fayetteville in the 1970's. After defending seven appeals to the Arkansas Supreme Court, Fayetteville was finally successful in getting the billboards and other offsite signs removed. Predictions that Fayetteville's business activity would wither and die without these signs proved 100% wrong. Other cities in Northwest Arkansas which used to joke about Fayetteville's sign ordinance restrictions, have now tried to impose limits themselves. Unfortunately for them, the billboard lobby got our legislators to pass a new law requiring a city to buy any sign that would have to be removed under a new sign ordinance. Thus, it would be financially impossible for most cities to now accomplish what Fayetteville did in the 70's. At the International Municipal Lawyers Annual Spring Seminar I attended April 23-25, 2006, one class again addressed sign ordinances and the extremely difficult burden placed upon cities to justify their constitutionality by the federal courts. Also noted were the continuing "shakedown" suits by a national law firm against cities by challenging the constitutionality of sign ordinances to try to force the permitting of several billboards and/or the payment of substantial attorney's fees. June 12, 2006 Planning Commission ADM 06-2078. (DMP Entertainment District) Agenda Item 3 Page 6 of 8 The "banners" which could be two-sided, 90 square feet moving (if there is wind) signs are very similar to the billboards that used to line Fayetteville Streets. The 5% sponsorship logo limitation can easily be defeated by the "sponsor" naming the "event" after the sponsor such as "The Quality Is Job #1 Ford Rally". How about: "The Aryan Nation March for Purity"? It would be difficult, if not impossible to draft a constitutional provision that would not allow hate groups to pay for their banners of hate to be displayed at our designated Cross Street Banners. This proposal certainly has no such limitation. If we allow such large offsite commercial banners there, a billboard company could sue us for not permitting similar billboards elsewhere. We could very well lose and see billboards sprout all over town again. The light pole banners within the Downtown Master Plan area are already authorized in § 174.07 (E). I drafted this provision as narrowly as possible to meet the administration's decision to place these light pole banners on the light poles specially designed for them. I hope the limitations placed upon these tiny banners ("seven square feet" and "no advertising or slogans") will prevent a legal challenge to them. I recommend no change to this provision and certainly not the proposed wording which gives the administration seemingly unbridled discretion to decide size, wording, placement. CONCLUSION When I came and spoke to you earlier this Spring, I tried to impart to you my hope that you would not propose ANY change to our current sign ordinance. We face equal protection arguments if we try to restrict speech (signs) more in one district (the rest of the city) than in another district (the Downtown Master Plan district). Since there are not only commercial, but residential areas within the Downtown Master Plan district, any sign authorization in that district could open up even residential neighborhoods elsewhere to offsite signage, maybe even billboards. "Good judgment" and "common sense" do not win the day for sign ordinances challenged on First Amendment speech grounds. Please leave well enough alone and make NO changes to the sign ordinance. June 12, 2006 Planning Commission ADM 06-2078 (DMP Entertainment District) Agenda Item 3 Page 7 of 8 June 12, 2006 Planning Commission ADM 06-2078 (DMP Entertainment District) Agenda Item 3 Page 8 of 8