The URL can be used to link to this page

Home My WebLink About2012-01-23 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting January 23, 2012 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on January 23, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the January 9, 2012 meeting. New Business: 2. CUP 11-4013: Conditional Use Permit (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by ROBERT R. DAUGHERTY for property located at 2143 NORTH RUPPLE ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.57 acres. The request is to change the nonconforming use to another nonconforming use. Planner: Jesse Fulcher The following item has been approved administratively by City staff: LSP 11-4005: Lot Split (132 E. SPRING ST./THOMAS, 485): Submitted by BATES AND ASSOCIATES for property located at 132 EAST SPRING STREET. The property is zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 0.39 acre. The request is to divide the subject property into two tracts of approximately 0.20 and 0.19 acre. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 9, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: ACTION TAKEN MINUTES: December 12, 2011 Page 3 Approved PLANNING COMMISSION BYLAW AMENDMENT Approved ADM 11-4017: Administrative Item (NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL/SYCAMORE LOFTS PH II, 523) Approved Page 3 New Business: ADM 11-4019: Administrative Item (NORTH SIDE OF MLK BETWEEN BLOCK AND EAST AVENUES/JACOBS, 523) Page 4 Denied ADM 11-4020: Administrative Item (333 W. LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH, 484) Page 5 Approved LSD 11-3992: Large Scale Development (ECO DOWNTOWN, 484) Page 6 Approved CUP 11-4006: Conditional Use Permit (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476) Page 8 Approved LSD 11-4007: Large Scale Development (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476) Page 9 Approved CUP 11-3998: Conditional Use Permit (716 W. SYCAMORE ST./CANINE CONNECTION, 366) Page 10 Approved CUP 11-4010: Conditional Use Permit (131 W. ELM ST./MOLDENHAUER, 367) Page 12 Denied RZN 11-3999: Rezone (2514 W. LORI DR./RAZORBACK PARK GOLF COURSE, 285) Page 13 Forwarded January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 1 of 14 ADM 11-4018: Administrative Item (UDC CH. 172.10: BICYCLE PARKING RACK REQUIREMENTS) Page 12 Forwarded MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 2 of 14 Consent: Approval of the minutes from the December 12, 2011 meeting. ADM 11-4017: Administrative Item (NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL/SYCAMORE LOFTS PH II, 523): Submitted by APPIAN, INC. for property located at the NORTHEAST CORNER OF FIFTH STREET/SOUTH SCHOOL AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.23 acre. The request is for approval of a shared parking agreement. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 3 of 14 New Business: ADM 11-4019: Administrative Item (NORTH SIDE OF MLK BETWEEN BLOCK AND EAST AVENUES/JACOBS, 523): Submitted by APPIAN, INC. for property located ON THE NORTH SIDE OF MARTIN LUTHER KING BOULEVARD BETWEEN BLOCK AVENUE AND EAST AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.00 acre. The request is for a variance of the Access Management Ordinance to allow for a curb cut onto Martin Luther King Boulevard, a Collector Street, when the property also has frontage onto lower classification streets. Andrew Garner, Senior Planner, presented the staff report. Evan Neiheus, applicant, discussed the request. No public comment was presented. Commissioner Earnest asked for clarification on the variance process and access management. Kit Williams, City Attorney, described the variance procedures listed in both chapters 166 and 156 of the Fayetteville Unified Development Code. Garner discussed the variance process and staff's recommendation for this request. Commissioner Earnest discussed reasons why he did not agree with the variance request. Commissioner Hoskins asked about the design of the homes addressing the side streets instead of MLK. Evan Neihues, applicant, discussed that what they are proposing will be a good situation and that the shared drive will function like a center alley. Commissioner Hoskins asked about property values being diminished by not addressing MLK and discussed safety issues with accessing MLK. Evan Neihues, applicant, discussed the proposed efficiency and design of the six lots and preservation of trees within the platted alley adjacent to the north. Garner discussed that there is a platted undeveloped alley along the north property line, however it was somewhat of an economic hardship for the applicant to construct a public alley along the north property line and then construct the rear shared driveway for these lots as proposed. Commissioner Hoskins stated that they have made a good case Commissioner Cabe discussed that MLK carries a lot of traffic and disagrees with staff and is not in support of the variance. Commissioner Earnest discussed mature trees along the north property line, and concerns with this not meeting the access management ordinance. Commissioner Cabe discussed that the developer created the hardship and that there are other options to access this site. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 4 of 14 Commissioner Chesser gave reasons for the variance including that this was one curb cut for six units. It is somewhat unreasonable to eliminate every single curb cut for this block onto MLK. Motion: Commissioner Winston made a motion to approve ADM 11-4019. Commissioner Chesser seconded the motion. Upon roll call the motion failed with a vote of 3-5-0 (Commissioners Cabe, Bunch, Cook, Hoskins, Earnest voting `No'). January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 5 of 14 ADM 11-4020: Administrative Item (333 W. LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH, 484): Submitted by MCCLELLAND CONSULTING ENGINEERING for property located at 333 WEST LAFAYETTE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.47 acres. The request is for a shared parking agreement for 62 parking spaces. LSD 11-3992: Large Scale Development (ECO DOWNTOWN, 484): Submitted by MCCLELLAND CONSULTING ENGINEERING for property located southwest of intersection of WEST LAFAYETTE STREET AND NORTH CAMPBELL AVENUE (ECO DOWNTOWN). The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.47 acres. The request is for a multi -family apartment building containing 250 units and an enclosed parking garage. Dara Sanders, Current Planner, presented the staff report. Seth Mims, applicant, presented the project, expressed agreement with conditions of approval, discussed the ways in which the proposal meets the guiding policies of City Plan 2030, and addressed the variance request from the height regulations of the DG, Downtown General, zoning district. Public Comment: Joe (inaudible), neighbor, discussed the project's location within the Entertainment District Parking Program, use of the parking lot for motorcycles during Bikes Blues and Barbeque, and construction traffic associated with the development of the site. Mikel Lolley, Fayetteville resident, discussed his support for the development, the Transportation Oriented Development aspects of the project, and the way in which the project works to frame the view of Old Main, which strengthens the view instead of detracting from it. He discussed the importance of walkability and attainable housing and encouraging diversity. Stephan Pollard, neighbor, discussed the walkability of the downtown area and the subject property and expressed support for the project. No more public comment was presented Commissioner Cabe and Sanders discussed the effect of the Entertainment District Parking Program on the subject property and that the subject property is not subject to the residential parking passes, the impacts of the development on the motorcyclists' ability to park within the Bikes, Blues, and Barbeque event boundary. Commissioner Cabe and Glenn Newman, Staff Engineer, discussed the ability and implications of utilizing Lafayette Street as a construction entrance. Commissioner Chesser discussed with staff the height of the structure, the way in which height is measured, and elements that are excluded from the building height. He believes that the height measurement is a poorly written ordinance. He discussed the proposed design of the building facades and his support for the project. Commissioner Earnest discussed the advantages of the project and encouraged the developer to participate in on-site recycling. Commissioner Winston believes that this project is moving the City closer toward a walkable community and made a motion to approve the project. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 6 of 14 Commissioner Cabe believes that one of the elevations is too tall but will support the project. Commissioner Cook has concerns with traffic flow to and from the site but will support the project. Motion: Commissioner Winston made a motion to approve LSD 11-3992 finding in favor of all conditions of approval as recommended by staff in the staff report. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion: Commissioner Winston made a motion to approve LSD 11-4020 finding in favor of all conditions of approval as recommended by staff in the staff report. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 7 of 14 CUP 11-4006: Conditional Use Permit (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476): Submitted by THE CITY OF FAYETTEVILLE for property located at 415 NORTH BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is to allow Community Recycling Drop off Facility, Use Unit 2, in an R -A zoning district. Jesse Fulcher, Current Planner, presented the staff report. Zane Lewis and Allison Atha, applicants, where present. No public comment was presented. Commissioner Earnest asked about the hours of operation. Atha stated that they had studied the other facility and the heaviest use occurred between 7 a.m. and 4 p.m. The facility can't be open all the time, since the city is staffing this site. Commissioner Hoskins asked if the containers would be screened, similar to commercial developments. Fulcher stated that the containers were different than dumpsters that had to be screened, and the idea was for this facility to be open and visible to the public. Dara Sanders, current planner, stated that this was a institutional facility and not subject to commercial design standards. Motion: Commissioner Chesser made a motion to approve CUP 11-4006 with all recommended conditions. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 8 of 14 LSD 11-4007: Large Scale Development (415 N. BROYLES AVE./RECYCLING DROP- OFF/EDUCATIONAL FACILITY, 476): Submitted by THE CITY OF FAYETTEVILLE for property located at 415 NORTH BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.00 acres. The request is for a community recycling drop-off and educational facility. Jesse Fulcher, Current Planner, presented the staff report. Zane Lewis and Allison Atha, applicants, where present. No public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 11-4007 with all recommended conditions. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. CUP 11-3998: Conditional Use Permit (716 W. SYCAMORE ST./CANINE CONNECTION, 366): January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 9 of 14 Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 716 WEST SYCAMORE STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acre. The request is to allow Animal Boarding and Training, Use Unit 43, in a C-2 zoning district. Andrew Garner, senior planner, presented the staff report. Bob Kelley, applicant's architect, discussed the proposed project and issues with dog barking being covered under existing laws. Kit Williams, City Attorney, discussed the regulation of dog barking and that even though dog barking is regulated under a different ordinance that issue could be considered by the commissioners under this conditional use. Bob Kelley, applicant, stated that they do not have ugly dogs and that the dogs will be kept behind fences. The intent is to keep dogs about 50 yards away from things that they would bark at. He discussed that the adjoining property owners have no problem with this request and read and passed out emails from these owners. Valorie Murphy, owner/applicant, discussed their business and the reasons that they need to move and expand. She discussed the outdoor greenspace that will be used by the dogs. Commissioner Griffin stated that he currently has a dog in this facility's training program and asked the City Attorney if that is a conflict for him to discuss and vote on this item. Williams discussed that because Commissioner Griffin does not have a financial interest in this business that him being a customer of this business does not disqualify him. The other commissioners gave a general consensus that they also did not think Commissioner Griffin needed to recuse. Julia Dora, customer of the applicant, discussed that she has been a customer of Valorie's for many years and that the dogs are not loud all the time. Dianna Nagle, co -trainer at Canine Connection, discussed outdoor dog training in the outdoor space during evenings and that they do not tolerate barking. No more public comment was presented. Commissioner Griffin discussed his dog is in a class at this business now. He discussed that the dogs that do agility training do not bark as much as typical dogs. This is a very professional operation. He is not concerned with the noise from barking. The apartments around here will make more noise than this business and that the storage facility to the west will not be an issue. Commissioner Chesser discussed that this is a fairly noise area. He is not swayed from the letters from the property manager as they do not live in the surrounding apartments. Commissioner Cabe asked how many dogs would be outside at one time. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 10 of 14 Valorie Murphy discussed that 15 dogs at one time would be outside. Commissioner Cabe asked about a previous dog day care application several years ago and a condition of approval related to dog barking. Garner discussed a condition of approval related to dog barking could be included. Williams read a potential condition of approval regarding dog barking. Valorie Murphy stated that they could agree to the condition of approval read by the City Attorney because they have to let their dogs outside before 8 AM in the morning. Commissioner Chesser discussed that noise in this area from a train coming by at 5:30 AM would be compounded by dogs going outside at 6:30 AM. Commissioner Winston that we have denied some of these in the past and that it is time to do an experiment and approve one and see if it works. Motion: Commissioner Winston made a motion to approve CUP 11-3998 with all recommended conditions, and with the addition of Condition #7 stating that no more that five dogs shall be allowed outside between the hours of 9 PM and 6:30 AM. Commissioner Cook seconded the motion. Williams read Condition #7 as added by Commissioner Winston as follows: "No more than five dogs shall be allowed in the play area outside the building during the hours of9 PM to 6;30 AM daily. If the facility, its owner or operator, is convicted for excessive noise or other violations, this conditional use may be revoked or further conditions imposed." Upon roll call the motion passed with a vote of 8-0-0. CUP 11-4010: Conditional Use Permit (131 W. ELM ST./MOLDENHAUER, 367): Submitted by BATES AND ASSOCIATES for property located at 131 WEST ELM STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.84 acres. The January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 11 of 14 request is to allow a tandem lot. Andrew Garner, senior planner, presented the staff report. Derrick Thomas, applicant, discussed that they understood for a while that staff was recommending denial but was looking for direction and a decision from the commission on the proposed tandem lot. He discussed that the applicant only wanted one large lot at the back. Commissioner Hoskins asked if a street could be built or if there were site constraints such as evidence of springs or wetlands. Derrick Thomas, applicant, discussed that he was the surveyor and described drainage patterns going through this property and that was why he included a drainage ditch on the survey, although it was not a stream. He said there could potentially be wetlands. Commissioner Chesser asked about the tandem lot findings, lot size and street frontage. Garner discussed the tandem lot findings and that the proposed lot size was comparable to surrounding areas but that a street could be feasibly constructed. Commissioner Winston discussed that he does not have enough information to vote for or against this application because he is not sure whether or not a road could be built through the property. He would need to walk the property to evaluate this further. Motion#1 : Commissioner Winston made a motion to table CUP 11-4010. Commissioner Earnest seconded the motion. Upon roll call the motion failed with a vote of 3-4-1 (Cook recused). Motion #2: Commission Griffin made a motion to approve CUP 11-4010 with all recommended conditions. Commissioner Hoskins seconded the motion. Upon roll call the motion failed with a vote of 2-5-1 (Cook recused). Request denied. RZN 11-3999: Rezone (2514 W. LORI DR./RAZORBACK PARK GOLF COURSE, 285): Submitted by RON CAVINESS for property located at 2514 WEST LORI DRIVE. The property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, 1 UNIT PER ACRE and contains approximately 37.11 acres. The request is to rezone a portion of the property to R -A, RESIDENTIAL AGRICULTURAL. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 12 of 14 Jesse Fulcher, Current Planner, presented the staff report. Ron Caviness, applicant, stated that the rezoning was necessary to build new facilities for the course. No public comment was presented. Motion: Commissioner Chesser made a motion to forward with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. ADM 11-4018: Administrative Item (UDC CH. 172.10: BICYCLE PARKING RACK REQUIREMENTS): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION. The request is for an ordinance to amend and clarify the Unified Development Code section 172.10: Bicycle Parking Rack Requirements. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 13 of 14 Planning Commission January 9, 2012 Page 14 of 14 Leif Olson, Strategic Planning, presented the staff report. No public comment was presented. Commissioner Hoskins asked that the item be tabled for additional discussion about ratios for certain uses, such as funeral parlors, body shops, etc. There are some locations where bicycle parking doesn't make sense. Commissioner Cabe stated that the ordinance was clearer. Motion: Commissioner Cabe made a motion to forward with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-2-0 (Hoskins and Griffin voting 'no') There being no further business, the meeting was adjourned at 8:10 PM. January 23, 2012 Planning Commission 01-09-2012 Minutes Agenda Item 1 Page 14 of 14 'Fay'eCeylle THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of January 23, 2012 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Development Services DATE: January 13, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-4013: Conditional Use Permit (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by ROBERT R. DAUGHERTY for property located at 2143 NORTH RUPPLE ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.57 acres. The request is to change the nonconforming use to another nonconforming use. Planner: Jesse Fulcher Findings: Property: The subject property is located at the southwest comer of Rupple Road and Mount Comfort Road and contains approximately 4.50 acres. The lot is developed with two large warehouse buildings that are divided into three separate spaces, containing approximately 30,000 square feet total. According to Washington County records the buildings were constructed in 1955 when the property was outside the city limits. The City of Fayetteville annexed the property in 2004 as part of the island annexation ordinance. The current owner purchased the property in 2004; three months after the property had been annexed. At that time the front two spaces were already being leased by a wholesale marble company and the back space was used as a repair shop and storage space by a property maintenance employee. Starting in 2008 the marble company began to reduce its operations, prompting the owner to take in new tenants. However, the owner was not aware of the requirement to obtain conditional use approval to allow other business types to use the buildings. In 2011 Fence Co began leasing a portion of the building and constructed a barbed wire topped chain link fence around the property to secure the fencing materials. This prompted an area property owner to call in a complaint to the Planning office. City staff inspected the property and contacted the property owner about the fence violation, and the requirement to obtain conditional use approval for Fence Co to legally operate on the property. The owner has submitted numerous property records to establish previous uses of the structure. The businesses and operation dates are listed in Table 1. Surrounding land use and zoning is depicted in Table 2. G:IETCIDevelopment Services Reviewl20111Development Review) 11-4013 CUP (Daugherty -Fence Co)123 Planning Commission) 1-23- 121Comments and Redline January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 1 of 12 Table 1 Previous business uses Year Business Name Business Type 2004-2009 Marble Ark Wholesale marble 2005-2007 Fence Co Material storage 2008-2010 Fay4It Schools Donation center and distribution 2009-2012 Flying Dog Merchandise storage and distribution 2010-2011 Kenneth Fenson Automotive repair and salvage 2010-2012 Potters House Merchandise storage and distribution 2011- Fence Co Fence building company Table 2 Surrounding Land Use and Zonin Direction Land Use Zoning North Cemetery RSF-1, Single-family Res.— 1 unit/acre South Agricultural RSF-1, Single-family Res.— 1 unit/acre East Agricultural RSF-1, Single-family Res.— 1 unit/acre West Agricultural RA -Residential Agricultural Proposal: The applicant requests approval of a conditional use permit for a change in an existing nonconforming use to allow the three existing business(Potters House, Flying Dog and Fence Co) to operate. Pursuant to UDC Section 164.12(E)(3), an existing nonconforming use may be changed to another nonconforming use with conditional use approval by the Planning Commission. Public Comment: A property owner from the area called in a complaint to the Planning office when Fence Co initially moved into the property in September 2011 (change in nonconforming use) and erected a chain link fence. RECOMMENDED MOTION: Staff recommends approval of the CUP 11-4013, subject to the following conditions: 1. Planning Commission determination that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Staff recommends in favor of the change of nonconforming use finding that the uses succeeding the wholesale marble company are equally appropriate, so long as outdoor storage of materials is kept to a minimum and out of view from the public. 2. Hours of operation shall be limited to 8:00 A.M. through 6:00 P.M. Monday through Friday. 3. Outdoor storage of materials shall not be visible to the public. 4. Within 30 days of approval of this permit the existing chain link fence shall be removed to comply with § 166.14 Commercial Design Standards, which prohibits chain link fences between the street and building. G:IETCIDevelopment Services Reviewl20111Development Review) 11-4013 CUP (Daugherty -Fence Co)123 Planning Commission) 1-23- 121Comments and Redline January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 2 of 12 5. Uses and activities on the property shall be in accordance with the restrictions of § 168.12 Streamside Protection Zones. 6. Any new lighting shall be installed in accordance with the outdoor lighting ordinance. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: Approved Denied Tabled Motion: Second: Vote: Meeting Date: January 23, 2011 City Plan 2030 designation: City Neighborhood Area. Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a letter requesting conditional use permit approval to allow a change in nonconforming use. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. G:IETCIDevelopment Services Reviewl20111Development Review) 11-4013 CUP (Daugherty -Fence Co)123 Planning Commission) 1-23- 121Comments and Redline January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 3 of 12 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under §164.12(B)(1)(c) to change any nonconforming use of land, structure, or structure and land in combination may to another nonconforming use. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: The property is developed with three large metal warehouse buildings that have been used for nonresidential uses for over 50 years. With appropriate conditions, the use of the property for the three existing businesses should not adversely affect the public interest. Finding: N/A (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules goveming individual conditional uses; and (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: Access to the site will be from an existing driveway on Rupple Road. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: It is unlikely that there will be any economic, noise, glare, or odor effects on adjoining properties given the business types operating at this facility and that surrounding properties are used for agricultural purposes. G:IETCIDevelopment Services Reviewl20111Development Review) 11-4013 CUP (Daugherty -Fence Co)123 Planning Commission) 1-23- 121Comments and Redline January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 4 of 12 (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: A dumpster is already in use on the property and serviced by the Solid Waste Department. Finding: N/A. (d.)Utilities, with reference to locations, availability, and compatibility; (e.) Screening and buffering with reference to type, dimensions, and character; Finding: The applicant is proposing to install a wood board privacy fence for security and screening. The location of the fence shall be reviewed and approved by Planning staff prior to installation. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Signs are permitted pursuant to Chapter 174 Signs for the Residential Office zoning district. (g.) Required setbacks and other open space; and Finding: All separation and setback requirements will be met with development of the property. (h.) General compatibility with adjacent properties and other property in the district. Finding: It would not be appropriate to locate this type of warehouse facility in a primarily rural/residential area today. However, this facility has been in use for approximately 50 years, long before the majority of residences were built in the area. The buildings have been occupied by a variety of heavy commercial uses, and sometimes industrial uses, for decades, and ever since the property was annexed into the City of Fayetteville in 2004. As long as outdoor storage of materials is kept to a minimum and out of view from the public, the current businesses operating at this facility should be generally compatible with surrounding land uses. G:IETCIDevelopment Services Reviewl20111Development Review) 11-4013 CUP (Daugherty -Fence Co)123 Planning Commission) 1-23- 121Comments and Redline January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 5 of 12 0 110 220 440 660 8804genda Item 2 FRistb 6 of 12 0 110 220 440 660 8804genda Item 2 FRistb 7 of 12 0 110 220 440 660 8804genda Item 2 FRistb 8 of 12 CUP11-4013 C ose Up View DAUGHERTY SUBJECT PROPERTY Legend ••••••••••••• Multi -Use Trail (Existing) Future Trails Fayetteville City Limits CUP11-4013 awl lillside-Hilltop Ov rlay District Design Overlay Di>trict Design Overlay Di>trict Planning Area Parcel Lines County Parcels 0 za 250 500 zso 1,000 F January 23, 2012 Planning Commission CUf 114013 Dauyl poly Agenda Item 2 Page 9 of 12 CUP11-4013 DAUGHERTY One Mile View L TI UM DR RSF-4 BARITE DR RSF-0 a. 0 RSF-0 RSF-4 F-0 RSF4 RSF-4R P-1 MARSH ST RSF4 "F TANYARD DR RSF-0MAHOGANY DR RSF4 4;_TE 3s SPRING HOUSE DR RSF-4II • WI SONG BIRD PL R RSF-4 RSF-4 RSF3 RSF-6/ RSF4 RSF-0 MEsEARNHARDT R EARWOOD DR l NM ▪ RSF-4 'RSF4 . 1 ▪ SF -4 - WESTBURY ST RSF-0 i. • • RSF-1 mmmmmmmmmmmm •f 44 44 • SF -4 II • • • • • r mmmmm a.% • ■ � ■ ■ S 0 VANIKE DR • AMER/C,9 N R-0 RSF QUAI DR RSF DOVE DR RSF MEADOW RK SF -4 RSF4 SAU ER LN FAIRFAX RSF4 RT- ▪ RSF4 BUCKEYES HgRVARygs -4 RSF-0 RS�F]4 -R .• A SF RMf34 J RA� m RMF -12 1n S RMF -24 �0 l, YA4ES7 RNF34„R11F34 �P 1— 2 S'igSAR ST - 24 \�'tL �'AHACEST1 RMF24p � r O ANrgsM1 cs .I RSF-1 .-._ CHEV• - 2 ''''"Ra ..RA PZO_ RMF -24 RSFP - 0-1 P-1 1 U Wr DR Ro Hill Overview 4_1 Legend Subject Property CUP11-4013 Boundary 0.25 0.5 CUP ' ! Desi '___'Plan * ' Fay 1 M 11-4013 n Overlay District ing Area tteville iles January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 10 of 12 CUP11-4013 Current Land Use LAN MIF? DAUGHERTY INSTITUTIONAL • x 1 .1 MOSSY ROCK DR h twemeJuture Trails : Fayetteville City Li CUP11-4013 Design Overlay Di Design Overlay Di Planning Area • January 23, 2012 Planning Commission Agenda Item 2 Page 11 of 12 January 23, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 12 of 12