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HomeMy WebLinkAbout2011-02-28 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting February 28, 2011 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on February 28, 2011 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 February 14, 2011 meeting. Old Business: 2. LSD 10-3743: Large Scale Development (LOT 10 FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC for property located at the SOUTHWEST CORNER OF NORTH WEDINGTON DRIVE AND SALEM STREET. The property is zoned C-PZD 07- 2793 and contains approximately 2.11 acres. The request is for a multi -tenant retail building containing approximately 15,771 square feet and associated parking. Planner: Dara Sanders New Business: 3. RZN 11-3757: Rezoning (3250 W MARTIN LUTHER KING BLVD/ALDI, INC, 557): Submitted by BATES & ASSOCIATES for property located at 3250 W. MARTIN LUTHER KING BLVD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 1.77 acre. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Dara Sanders 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. Wevi � le AR%AN S/\S THE CITY OF FAYETTEVILLE. ARKANSAS PC Meeting of February 28, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Development Services DATE: February 23, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 10-3743: Large Scale Development (LOT 10 FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC for property located at the SOUTHWEST CORNER OF NORTH WEDINGTON DRIVE AND SALEM STREET. The property is zoned R-PZD 07- 2793 and contains approximately 2.11 acres. The request is for a multi -tenant retail building containing approximately 15,771 square feet and associated parking. Planner: Dara Sanders Findings: Property Description and Background: The subject property is part of the Forest Hills Residential Planned Zoning District (R-PZD 07-2793), which was approved by the City Council in May of 2008. Salem Road was recently constructed through the Forest Hills project boundary between Persimmon Street and Wedington Drive. Surrounding zoning and land use is depicted on Table 1. Table 1: Surrounding Land Use and Zonin Direction from Site Land Use Zoning North The Shoppes at Wedington C-1 South Undeveloped R-PZD (Forest Hills) East Wal -mart Neighborhood Market R-PZD (Forest Hills) West Ozarks Electric R -A Subdivision Committee Meeting: This item was discussed at the February 4, 2011 Subdivision Committee meeting during which staff recommended forwarding the request to the full Planning Commission with a recommendation for denial finding that the tree preservation plan does not meet the Fayetteville UDC requirements. Discussion was primarily regarding the requirements of Chapter 167 (Tree Preservation & Protection), site constraints, and tree classification, and the Subdivision Committee voted to forward the item to the full Planning Commission with no recommendation. Planning Commission Meeting: This item was discussed at the February 14, 2011 Planning Commission meeting during which staff recommended denial of the application, finding that the February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 1 of 16 tree preservation plan did not meet the Fayetteville UDC requirements. The Planning Commission, staff and the applicant discussed the requirements of Chapter 167 (Tree Preservation & Protection) and the site constraints. The Planning Commission voted to approve the tree preservation as proposed by the applicant and to table the large scale development to the February 24th meeting in order for the applicant to revise the proposed mitigation plan with the Urban Forester and to review potential for off-site reforestation and preservation opportunities. The applicant has submitted a revised landscape, mitigation, and tree preservation plan with the following changes: > Remove trees labeled as #2 and #4 as recommended by the Urban Forester because of their poor condition; • Increase the spacing of mitigation trees to 30 feet and eliminate mitigation trees shown in tree islands; n Include off-site mitigation planting for a total of six trees; and n Include off-site preservation of 2,180 square feet of forested area. Proposal: The applicant is requesting large scale development approval for a commercial development with approximately 15,771 square feet of multi -tenant space consistent with that shown in R-PZD 07-2793, 94 parking spaces, and a tree preservation area. Adjacent Master Street Plan Streets: The subject property is adjacent to two private streets, Black Forest Drive and Jewell Road, each constructed to City standards within 50 -feet -wide access easements. Right-of-way being dedicated: No additional right-of-way dedication is required. Water/Sewer: Water and sewer service are available to the site. Street Improvements: The adjacent streets have been improved with sidewalk. Tree Preservation: Staff recommends approval of the revised tree preservation and mitigation plans. Public Comment: Staff has not received public comment. Recommendation: Staff recommends approval of LSD 10-3743 subject to the following conditions of approval Conditions of Approval: 1. Planning Commission determination of tree preservation. The applicant proposes to revise the tree preservation plan approved by the Planning Commission on 02-14-11 to include the removal of trees #2 and #4, which were previously shown as preserved. The February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 2 of 16 Urban Forester recommends approval of this change to the tree preservation plan because of the poor condition of these two trees. 2. Planning Commission determination of tree mitigation. The Urban Forester recommends approval of the proposed mitigation plan to include 15 on-site mitigation trees, six off- site mitigation trees, and off-site preservation of 2,180 square feet offorested area. The tree mitigation plan shall be subject to the following conditions: a. The minimum tree canopy replacement by code for this project is 6,660 sq ft: (i) Applicant has requested to mitigate on-site 15 two-inch caliper trees (3,270sgft) (ii) Applicant has agreed to mitigate off-site by planting six two-inch caliper trees (1,308sgft) in the future approved development, Villas of Forest Hills. (iii)Applicant has agreed to add an additional 2,082sgft to an existing tree preservation area. (the depicted plan measurements could not be verified) (iv)The on-site mitigation, off-site mitigation and off-site preservation equal 6,660sgft. b. An easement plat dedicating the extension of the tree preservation area must be recorded prior to building permit approval for the retail structure on lot 10. c. All on-site and off-site mitigation trees and street trees must be planted by final certificate of occupancy for Lot 10. d. Prior to construction plan approve the Landscape Plan must be stamped and signed by a Landscape Architect. 3. Planning Commission determination of Commercial Design and Development Standards and compliance with R-PZD 07-2793. Stafffinds that the proposed development meets the requirements of Chapter 16614, Commercial Design and Development Standards, and with R-PZD 07-2793 (attached). 4. All mitigation trees must be spaced at a minimum of 30ft apart. (Due to being out of the office while conducting this plan review the Urban Forester cannot verify all trees are spaced at 30ft. off -center). 5. Pursuant to the approved PZD, no pole/pylon signs shall be permitted. Freestanding signage shall be limited to monument signs only. 6. The plat shall be revised to show the dumpster enclosure dimensions no less than 15 feet wide and 12 feet deep, as requested by the Waste Reduction Coordinator. February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 3 of 16 Standard conditions of approval: 7. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 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 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. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut - sheets are required for review and approval prior to issuance of a building permit. 11. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. 12. Large scale development shall be valid for one calendar year. 13. 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. 14. Prior to the issuance of a building permit the following is required: (i) Grading and drainage permits (ii) An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. (iii)Separate easement plat for this project that shall include the tree preservation area and all utility easements. (iv)Project Disk with all final revisions (v) One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. (vi)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 February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 4 of 16 must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: ❑ Tabled ❑ Denied ❑ Approved Meeting Date: February 28, 2011 Motion: Second: Vote: February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 5 of 16 MORRISON SHIPLEY ENGINEERS • SURVEYORS February 22, 2011 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Attn: Ms. Dara Sanders Re: 4`h Submittal, Large Scale Development for Lot 10, Forest Hills Dear Ms. Sanders, Please accept our re -submittal of the Large Scale Development Plant for Lot 10 in Forest Hills. After our meeting on Wednesday, February 16`h, we have revised the tree preservation and landscape plan based on our discussions with Mr. Howe. These revisions include the following: Sheet 6: Removed tree # 2 and # 4 per Mr. Howe's recommendation. Sheet 7: Revised spacing of mitigation trees to 30 feet and eliminated mitigation trees in parking lot islands. Fifteen mitigation trees are now being proposed on-site. Sheet 7a: Added sheet to show offsite mitigation and preservation areas within Forest Hills development. We are proposing to plant six trees just north of The Villas subdivision and preserve 2,180 SF of forested area just north of Persimmon Street and east of The Villas tree preservation area. If you have any questions or need additional information, please do not hesitate to contact me at (479)273-2209. Sincerely, Morrison -Shipley Engineers, Inc. Heather M. Robason, P. Project Manager Febrinr 5, Planning'toi 4A9 nda1em Page 6 of 16 I j pottonwood Street 0Eroa gtm 273.2553 morrisnnshinlev rnm ay eviIIe ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 FAYETTEVILLE ) t.dt's34IC 131i Urban Forestry Services LANDSCAPE REGULATIONS - Chapter 177 TREE PRESERVATION: MITIGATION PLAN- CHAPTER 167 To: Fayetteville Planning Commission From: Greg Howe, Urban Forester (Landscape Administrator) CC: Dara Sanders, Current Planner Date: February 22, 2011 Subject: LSD 10-3743: Lot 10 Forest Hills Retail Planning Commission II Review Comments Applicable Requirements: Yes Site Development & Par ng Lot . Stand'a'rds Yest: Street�Tree Planting St'1�ds`. N/A Stormwate r Facilities'£ Plan Checklist: Y= submitted by applicant N=required by City Code but not included on submitted plan NA= not applicable Prelirnin ' mi alp g 1 rAillaitoh,�.u�. Y Y Irrigation notes either automatic or hose bib (177.03 (7)(g) & 177.04(B)(3)(a)1 Y Y Species of plant material identified [177-03(7)(d & e)] I ] Size of plant material at time of installation indicated minimum size 2' caliper for trees and 3 gal. shrubs [177.03(7)(b & c)] Y Y Soil amendments notes include that soil is amended and sod removed [177.o3(C)(6)(b)] Y Y Mulch notes indicate organic mulching around trees and within landscape beds [177.o3(C)(6)(c & d)] N N LSD and Subdivisions plans stamped by a licensed Landscape Architect, others by Landscape Designer [177.o3(B)] Y Y Planting details according to Fayetteville's Landscape Manual [177o3(C)(6)(g) ® 9 g xisaPl.0. YIg L)o • t a 9d. {4.Wn a Y Y Wheel stops/ curbs [177.04(B)(1)] �a y Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 7 of 16 Preliminary Submittal Finale Submittal Site Development & Parking Lot Standards Y Y Interior landscaping[177.04(C)] Narrow tree lawn (8' min width, 37.5' min length/ 1 tree per 12 spaces) OR Tree island (8' min. width,18.7 min. lenght/i tree per 12 spaces) All parking lot trees must be deciduous [177.o4(C)(3)] Y Y Placement of Trees [177.o4(C)(2)] Either side at points of access (entranc%xit) Y Y Perimeter landscaping [177.04(D)] Side and rear property lines (5' wide landscaped) Front property line (i5' wide landscape) 177.04(D)(2)(a) Shade trees planted on south and west sides of parking lots? [177.o4(D)(2)(e)] Parking lot adjacent to R.O.W.- continuous row planting of shrubs -at least 8 per tree- and ground cover - 50% evergreen) [177.04(D)(4)(a)] NOTE: Shade trees are described in street tree planting standards �.. ". Street Tree Planting Sfdndards (time of FP orpermit) [177.05] NA NA Residential Subdivisions- 1 large species shade tree/ lot tree planted within R.O.W. if possible Y Y Nonresidential Subdivision- 1 large species shade tree/3o L.F. tree planted Within 15-25'greenspace NA NA Urban Tree Wells -urban streetscape only-tofoot sidewalk , trees every 3o L.F. [177•o5(B)(3)(a-f) NA NA Structural Soil -if urban wells are used, a note or detail of structural soil must be indicated on the landscape plan NA NA Timing of planting indicated on plans (subdivisions only) [177 .05(A)(4)1 NA NA Written description of the method for tracking plantings [177.05(A)(4)(e)1 Y Y Plan contains 3 -year Maintenance and Monitoring Agreement [177.o5(A)(2)(e)] Stormwater Ia'aa111ti}(timeeso.f 0,1"permit) Y17;j:ob(A NA NA 1 deciduous or evergreen tree/ 3000 square feet NA NA 4 large shrubs or small trees (3 gal) / 3000 square feet NA NA 6 shrubs or grasses (1 gal) / 3000 square feet NA NA Ground cover unless seed or sod is specified NA NA 5o% of facility planted with grass or grass like plants Recommendation on Mitigation Plan: The proposed mitigation plan meets the minimum mitigation requirement with some on-site mitigation trees (correct species and spacing), provides for some off-site preservation and some off-site forestation. Therefore the proposed plan meets the ordinance requirements and the direct objectives designated by the Planning Commission. The Urban Forester supports this mitigation plan. As a reminder the applicant has been approved to remove high priority trees to allow for maximum use of the parcel and has preserved some trees with parasitic mistletoe, some trees with possible Dutch elm disease, a few dead trees and several trees with crown damage. The healthy trees are growing very close together which will limit tree canopy in the future. It was the Urban Foresters impression, based on comments made by several Planning Commissioners that the Commission expected Ktmg,wiitigation Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 8 of 16 above and beyond the minimum for the approval of the tree preservation plan. If that is the case this plan does not represent that requirement from the Commission. Conditions of Approval: 1. Please review the checklist above and address all comments marked with the letter "N". Any required revisions must be made by Construction Plan approval 2. All mitigation trees must be spaced at a minimum of 3oft apart. (Due to being out of the office while conducting this plan review the Urban Forester cannot verify all trees are spaced at Soft off -center). 3. The minimum tree canopy replacement by code for this project is 6,66o sqft a. Applicant has requested to mitigate on-site 15-2inch caliper trees (3,27osqft) b. Applicant has agreed to mitigate off-site by planting 6-2in caliper trees (1,3o8sqft) in the future approved development, Villas of Forest Hills. c. Applicant has agreed to add an additional 2,o82sqft to an existing tree preservation area. (the depicted plan measurements could not be verified) d. The on-site mitigation, off-site mitigation and off-site preservation equal 6,66osgft. 4. An easement plat dedicating the extension of the tree preservation area must be recorded prior to building permit approval for the retail structure on lot 1o. 5. If the 6 off-site trees cannot be planted by the dedication of the easement plat for Lot 10 and/or the extended tree preservation area a performance bond will be required prior to building permit approval. 6. All on-site and off-site mitigation trees and street trees must be planted by final certificate of occupancy for Lot 1o. 7. Prior to construction plan approve the Landscape Plan must be stamped and signed by a Landscape Architect. 8. Prior to building permit approval submit for approval a material and installation estimate for all required landscape. 9. Prior to certificate of occupancy a 3 year monitoring and maintenance plan must be submitted with a 3 year surety (letter of credit, bond or cash). Place a note on the plan that required plant material will be guaranteed for 3 years. February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 9 of 16 iretevlie THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION %rg 1455S Happy Hollow Rd Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 I ARKANSAS www.accessfayetteville.org TDD (Telecommunications Device for the Deaf) (479)521-1316 URBAN FORESTRY DIVISION TREE PRESERVATION AND PROTECTION — Chapter 167 To: Fayetteville Planning Commission CC: Dara Sanders, Current Planner From: Greg Howe, Urban Forester/Landscape Administrator Date: February 22, 2011 Subject: LSD 10-3743: Lot 10 Forest Hills Planning Commission II Review Comments Recommendation of Urban Forester: Modify the Planning Commission Approved Tree Preservation Plan Canopy Measurements: Total Site Area (minus Master Street Plan ROW and Dedicated Parkland) Preservation Priority/Type acres 1.54 square feet 67,082.4 Existing Tree Canopy (minus existing easements) 29 acres 0.30 square feet 13,198 percent of site area 19.67% Tree Canopy Preserved acres 0.15 square feet 6,538 percent of total site area 9.75% Site Percent Min. Canopy Required 19.67% Mitigation: Required Canopy Below Required Preservation Priority/Type Forestation Base Density (ft2) Number of 2" caliper trees to be planted 6,169 ft2 High Priority 218 29 491 ft2 Mid -Priority 290 2 ft2 Low Priority 436 Tree Escrow equivalent of $7,75o Mitigation Type Requested: X On -Site X Off -Site 7 Tree Escrow ❑ Not Requested Yet continued on next page or on reserve side Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 10 of 16 ave eMirle THE CITY OF FAYETTEVILLE, ARKANSAS . PARKS AND RECREATION DIVISION 1455 5 Happy Hollow Rd Fayetteville, AR 72701 P (479) 444-3471 F (479) 521.7714 ARKANSAS www.ac essfayetteville.org TDD (Telecommunications Device for the Deaf) (479) 521-1316 Mitigation Type Requested Approved: ❑ YES N NO Tree Preservation Plan (167.o4(H)(2 Tech Plat SD PC Tree Preservation Plan Components N/A Yes Yes Shows ALL Proposed Site Improvements N/A Yes Yes Delineates trees/canopy to be preserved and removed N/A Yes Yes Depict limits of soil disturbance Yes No Yes Yes Yes Yes Yes Yes Yes -- Yes Yes Yes Detail measures that will be used to protect trees during construction; 1. Tree Protection Fencing 2 Limits of Root Pruning 3. Traffic flow on work site 4. Location of material storage 5. Location of concrete wash out 6. Location of construction entrance/exit NJA NJA NJA NJA NJA N/A N/A N/A Yes Location of ALL existing and new utility/drainage easements 1. All items with "No" need to be addressed. 2. Root pruning should be shown on the plan. TREE PRESERVATION AND PROTECTION COMMENTS: The Urban Forester requests that the Planning Commission modify their approval of the Tree Preservation Plan for Lot 10 Forest Hills to remove the preservation of trees #2 and #4. 1. Due to the poor structure of Tree #4 and poor condition of Tree #2 the Urban Forester has asked that the applicant remove them. The applicant has agreed to this request. 2. One tree is in an easement and the other was not counted as preserved in the final calculations so no additional mitigation is required from the approved plan. The Mitigation Plan for Lot 10 Forest Hills is addressed on the Landscape Plan. continued on next page or on reserve side Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 11 of 16 EB LandWorks, Inc. civil engineering + landscape architecture PO Box 3432 Fayetteville, Arkansas 72702-3432 479.444.7769 phone 479.444.7793 fax DATE: February 3, 2011 TO: Planning Commissioners, City of Fayetteville FROM: Melissa M. Evans, ASLA RE: Forest Hills Multi -Tenant Building Tree Preservation Plan Please accept this letter as rationalization for the proposed Tree Preservation Plan for the Forest Hills Multi -Tenant Building. The plan shows that the existing tree canopy is 19.48% of the site. PZD requires 25% minimum canopy. Since the site canopy is 19.48% the tree preservation minimum canopy requirement for this site is 19.48%. The current plan shows 9.74% of the canopy to be removed and 9.74% of the canopy to be preserved. The removed canopy will be replaced with mitigation trees on site. The ordinance was followed through the design process and we have met with the City Urban Forester, Greg Howe. The following is further information for your consideration: Meeting History: Heather Robason of Morrison Shipley Engineers and I met with Greg Howe on site at the start of the project on 11/23/10. A preliminary site plan was shown to Mr. Howe at the time. LSD was initially submitted on 12/16/10 and we went to Tech Review. Greg Howe told us that he was denying the Tree Preservation Plan. After the meeting he said we needed to provide justification for our plan in the Site Analysis Report. Modifications were made to the plan and Site Analysis Report. Per Greg Howe's suggestion, the trees on site were re -measured to double check the survey. Heather Robason, myself, Greg Howe and Andrew Garner (of the City of Fayetteville Planning Division) met on 1 / 12/1 1 to discuss and review the current plan and different plan options. We re -submitted on 1/16/11 for LSD. We attended Tech Review and Greg Howe denied the revised plan. Ordinance Requirements: We have followed the tree preservation requirements in the ordinance. As stated in the City of Fayetteville Tree Preservation and Protection Chapter167.07 (8): Principles. This chapter shall be enforced according to the following principles: (1) Preservation shall be the first, best, and standard approach. February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 12 of 16 (2) /f preservation cannot be achieved, on-site mitigation shall next be pursued. (3) If on-site mitigation cannot be achieved, off-site preservation shall be pursued. (4) If off-site preservation cannot be achieved, off-site forestation shall be pursued. (5) /f none of the above approaches can be achieved, payment shall be made to the tree escrow account. Additionally, as allowed by ordinance, we are requesting the 20% on-site mitigation tree reduction. Per Chapter 167.04 (1)(8)0n -site mitigation incentive. If all the required trees can be located on-site, the Landscape Administrator may approve up to a twenty percent (20%) reduction in the number of trees to be planted. Any incentive reductions allowed shall be based upon the following factors: (a) The species of the mitigations trees; and, (b) The space needed for the healthy growth of trees. Other Options Explored: As cited in the Site Analysis Report, the proposed site layout works best for the property and surrounding site configuration. Other options were explored but create undue hardship by moving the building or part of it to the South to save trees which in turn blocks visibility of the Multi -Tenant building by the Wal-Mart Neighborhood Market store. Per Chapter 767.04 (8) Tree preservation criteria. The landscape administrator shall consider the following factors, and any other relevant information, when evaluating tree preservation plans, i.e.: (6) Whether the size or shape of the lot reduces the flexibility of the design. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (15) The impact a substantial modification or rejection of the application would have on the applicant. This project is part of a Planned Zoning District (PZD) that was approved in 2008 by the Fayetteville City Council. The current City Urban Forester, Greg Howe, was not employed by the City of Fayetteville at that time. Mr. Howe has stated that the applicant has put the hardship on themselves with the lot configuration; however, since the overall PZD was approved it should be honored by the Planning Commission as the current site layout for this parcel does not vary from the original PZD. Conclusion: The spirit of the ordinance is being followed. The developer has an economic factor to consider in making the project viable. Every effort to preserve trees and create a viable project is being made, first with on-site preservation for half of our required canopy, then with on-site mitigaton for the other half. February 28, 2011 Forest Hills Multi -Tenant BuildingTree Preservation Plan Letter to Planning Commissioners Planning Corr�g}��jp, 3 Z0� LSD 10-3743 LOT 1 rest s Agenda Item 2 Page 13 of 16 LSD10-3743 Close Up View LOT 10 FOREST HILLS 1 1 R•0 R -A LtiW rri Legend LSD10-3743 -••••-•••• • Muti-Use Treii (Ef isrihg) Future Trails NOT NAMED ST1 5-1 SLACK FOREST DR • 114Footprints 2010 Hillside -Hilltop Overlay District ! Design Overlay District Design Overlay District Planning Area Fayetteville 0 xs 250 500 T50 1000 €Miruary 28, 2011 Flom 01/11111110.bilill LSD 0-3743 Lot 10 Forest Hills Agenda Item 2 Page 14 of 16 LSD10-3743 LOT 10 FOREST HILLS One Mile View SUBJECT PROPERTY RB REFI _ RSF4 RPZD Fi RI re Rem re " L 00 o II RP2U i W FLAG STreK GR 7 gra' >-N `� a pPID 1 p0 W 2 RHO WIcy F WEDGE ORS 0 P1 r PYID<- PERelMMON.OT- - _- �li_ yI Pi �r !, f R6F4 1 _MI:-, IRPTD J. FCSFSli fit" �118FJ WV.. -R�-9F[''-IRR24OR '1� RaF-a AA?InaRS"FRSF4 Overview 7'_-: ate. i !ewe XPi• P Legend Subject Property ® LS010-3743 Boundary 0.25 0.5 LSD10-3743 ED Design Overlay District Plan ling Area Fayetteville 1 'Fe I Iu'ary 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 15 of 16 February 28, 2011 Planning Commission LSD 10-3743 Lot 10 Forest Hills Agenda Item 2 Page 16 of 16 d a e dbevll�e RK AIM S A PC Meeting of February 28, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: February 23, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 RZN 11-3757: Rezoning (3250 W MARTIN LUTHER KING BLVD/ALDI, INC, 557): Submitted by BATES & ASSOCIATES for property located at 3250 W. MARTIN LUTHER KING BLVD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 1.77 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Dara Sanders BACKGROUND: Property Description and History: The subject property contains approximately 1.77 acres and is located west of the intersection of Martin Luther King Boulevard and Finger Road. The adjoining property to the east is developed for Stadium Centre shopping center with two commercial structures in the strip commercial development form. In 1996, the Planning Commission and City Council reviewed a request to rezpne the subject property from A-1, Agricultural, (now R -A, Residential Agricultural) to C-2, Thoroughfare Commercial. The City Council was not in favor of the applicant's request, finding that the C-1 and C- 2 zoning districts would allow for the continuation of "strip zoning", which is not consistent with the adopted policies of the City of Fayetteville, and the property was rezoned to R -O, Residential Office with a unanimous vote. Staff has included the minutes of the City Council's discussion of this item in the staff report. RROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Single-family residences R -A, Residential Agricultural South Lowe's C-PZD, Commercial Planned Zoning District West Vacant residential/office structure C-2, Thoroughfare Commercial East Retail and vacant drive-thru restaurant C -I, Neighborhood Commercial Proposal: The request is to rezone the property from R -O, Residential Office to C-1, Neighborhood Commercial. The applicant has stated that the intent is to develop the subject property and the the undeveloped lot to the east for a grocery store. Public Comment: Staff has not received public comment. February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 1 of 14 Discussion: The Fayetteville City Council has discouraged the additional application of strip commercial zoning along the Martin Luther King Boulevard/6th Street in the past. Additionally, the City Council denied the previous commercial rezoning request on the subject property, finding that the request for was inconsistent with the City's adopted policies and that new development should occur in keeping with the principles and goals of City Plan 2025 (City Plan 2020 at that time). Staff finds that there has not been a substantial change in the surrounding area or in the City's adopted policies that would justify the rezoning request. Further, the Planning Commission and City Council recently approved two new form -based zoning districts that include similar permitted and conditional uses to the conventional C-1 and C-2 zoning district but do not permit the suburban "strip commercial" form. Staff does not find that the request is consistent with the adopted policies of the City of Fayetteville, as approval of a rezoning request to C-1, Neighborhood Commercial would allow for the continuation of strip commercial shopping centers along Martin Luther King Boulevard (former 6th Street). Staff finds that the applicant could request conditional use approval from the Planning Commission to allow for Use Unit 15 (Neighborhood Shopping) to operate a grocery store on the subject property, or could apply for a rezoning to a form -based zoning district. Additionally, staff finds that the C-1 zoning district is not consistent with the Future Land Use designation of Urban Center Area, which encourages complete, compact and connected neighborhoods including building types that accommodate retail, offices, rowhottses and apartments. These areas contain taller buildings and have the most intense and dense development patterns within the City, as well as the greatest variety of buildings. These areas recognize conventional strip development, but encourage the redevelopment of these existing properties for more efficient use of the land. Staff has discussed these issues with the applicant and the possibility of amending the request to CS, Community Services or UT, Urban Thoroughfare; however, the applicant chose to retain the request for a C-1 zoning. RECOMMENDATION: Staff recommends denial of RZN 11-3757 based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: February 28, 2011 Tab ed 0 Forwarded ❑Denied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES ❑ Approved ❑ Denied Date: February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 2 of 14 INFRASTRUCTURE: Streets: The site has access to Martin Luther King Blvd. Martin Luther King Blvd. is a fully improved five lane state highway in this location. Water: Public water is available to the property. There is a 1" service line at the property line that is served from the 12" main on the south side of Martin Luther King Blvd. Public water main improvements will need to be extended to the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is an 8" public main located along the north side of this property. Public mains may need to be extended through the property to serve any proposed development. The capacity of the existing mains may need to be evaluated with any proposed development. I ralnage: Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100 -year floodplain. Police: The City Planning Division has not received comments from the Fayetteville Police Department. Fire: The Fayetteville Fire Department does not feel this development will affect call's for service or response times. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as Urban Center Area, which encourages complete, compact and connected neighborhoods including building types that accommodate retail, offices, rowhouses and apartments. These areas contain taller buildings and have the most intense and dense development patterns within the City, as well as the greatest variety of buildings. These areas recognize conventional strip development, but encourage the redevelopment of these existing properties for more ejjicient use of the land. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The Fayetteville City Council has discouraged the additional application of strip commercial zoning along Martin Luther King Boulevard in the past. Additionally, the City Council denied the previous commercial rezoning request on the subject property, finding that the request was inconsistent with the City's adopted policies and that new development should occur in keeping with the principles and goals of City Plan 2025 (City Plan 2020 at that time). February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 3 of 14 Staff finds that the C-1 zoning is not consistent with the Future Land Use designation of Urban Center Area or the City's adopted policies. This district requires a 50 -foot front building setback off of all street frontages and requires development in a conventional suburban sprawling pattern, which is discouraged by City Plan 2025. Staff finds that land use planning principles and policies should not only consider the way in which the property will develop in the near future but also the way in which the property could redevelop in the long-term. It is staff's opinion that the UT, Urban Thoroughfare would be more consistent with the City's policies and Future Land Use Plan due to the required form and associated design regulations intended to provide the potential for future reuse of the site and structure. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the applicant's rezoning request for the subject property is not justified or needed at this time, as the subject property could be developed under the R -O zoning district as any of the nonresidential permitted and conditional uses listed in the attached zoning regulations. These uses include professional office, a grocery store, a restaurant without a drive-thru, etc. Considering the permitted and conditional uses allowed with the underlying R - O zoning district, staff finds that the current zoning does not prohibit reasonable use of the subject property and can potentially provide goods and services to the surrounding neighborhoods. Further, the applicant could submit a conditional use permit application for the proposed grocery store on the subject property, at which time the Planning Commission would have the opportunity to closely examine the development form, access, site circulation, and adequate screening from the residential properties to the north. Additionally, staff finds that property zoned C-1, Neighborhood Commercial and C-2, Thoroughfare Commercial remains vacant in the area that could used to accommodate the proposed grocery store under Use Unit 15, Neighborhood Shopping in a suburban form. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: It is expected that a rezoning from R -O to C-1 will create an increase in traffic compared with that allowed under the existing zoning; however, the property is undeveloped, and any development would subsequently increase traffic at this location. Martin Luther King Boulevard is a fully improved fir land state February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 4 of 14 highway adjacent to this site and accommodates a large volume of traffic on a daily basis. Should the rezoning request be approved, staff finds that the access and curb cut distance requirements outlined in the recently adopted Street Design and Access Management Standards policy in Chapter 166.08 will significantly reduce potential turning conflicts and traffic danger at this location as a result of controlled ingress and egress. Compliance with Chapter 166.08 will be reviewed at the time of large scale development request regardless of the underlying zoning district. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Increased load on public services were taken into consideration and recommendations from the Engineering, Fire, and Police Departments are included in this report. The proposed zoning would not adversely affect public services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Staff finds that there are not extenuating circumstances that justify the rezoning and recommends denial of the request. February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 5 of 14 161.17 District R -O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12 Limited business Unit 25 Offices, studios, and related services (2) Condi tonal uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park* Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities' Unit 42 Clean technologies (C) Density. Units per acre 24 or less (D) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4200 sq. ft. Townhouses: Development Individual lot 10,000 sq. ft. 2,500 sq. ft. Single-family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 sq. ft. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. Manufactured home 3,000 sq. ft. Townhouses & apartments: No bedroom One bedroom Two or more bedrooms 1,000 sq. ft. 1,000 sq. ft. 1,200 sq. ft. Fraternity or Sorority 500 sq. ft. per resident (E) Setback regulations. Front 15 ft. Front, if parking is allowed between the right- of -way and the building 50 ft. Front, in the Hillside Overlay District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 ft. Side, in the Hillside Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of public alley 10 ft. Rear, in the Hillside Overlay District 15 ft. (F) Building height regulations. Building Height Maximum 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 6 of 14 161.18 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. (B) Uses (1) Pert ed uses Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 25 Offices, studios, and related services (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 _ Cultural and recreational facilities Unit 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments' Unit 36 Wireless communications facilities'_ Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 50 ft. Side None Side, when contiguous to a residential district 10 ft. Rear 20 ft. (F) Height regulations. There shall be no maximum height limits in C-1 District, provided, however, that any building which exceeds the height of 10 feet shall be setback from any boundary line of any residential district a distance of one foot for each foot of height in excess of 10 feet. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. February 28, 2011 Planning Commission iii RZN 11-3757 Aldi, Inc Agenda Item 3 Page 7 of 14 Engineering Comments: RZN 11-3757: Rezoning (3250 W MARTIN LUTHER KING BLVD/ALDI, INC, 557): Submitted by BATES & ASSOCIATES for property located at 3250 W. MARTIN LUTHER KING BLVD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 1.77 acre. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Dara Sanders Public water is available to the property. There is a 1" service line at the property line that is served from the 12" main on the south side of Martin Luther King Blvd. Public water main improvements will need to be extended to the property to provide domestic and fire flow for any proposed development. Sanitary sewer is available to the site. There is an 8" public main located along the north side of this property. Public mains may need to be extended through the property to serve any proposed development. The capacity of the existing mains may need to be evaluated with any proposed development. The site has access to Martin Luther King Blvd. Martin Luther King Blvd. is a fully improved five lane state highway in this location. Standard improvements and requirements for drainage will be required for any development. This property is affected by the 100 -year floodplain. February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 8 of 14 Bates Associates, I nc. Civil Engineering et Surveying 91 W. Colt Square Dr. Suite 3 / Fayetteville, AR 72703 PH; 479-442-9350 * FAX: 479-521-9350 January 18, 2011 Planning Commission City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Proposed Aldi Grocery Property Rezoning Dear Commissioners, This letter is to fulfill the requirements of item 5 on the rezoning application. We are proposing to rezone the property from R -O to C-1. a. Current property owner: Mathias Properties Inc. Pending sale to: Aldi, Inc. b. The zoning change is needed in order to develop an Aldi Grocery Store. A grocery store is not allowed in the current R -O zoning without a conditional use. c. The adjacent zoning along Martin Luther King, to the east is C-1, to the south is C-PZD to the west is C-2. So the proposed zoning of C-1 matches the surrounding zoning along Martin Luther King Blvd. d. An 8" sewer main and 8" water main is located on the site as well as a 12" water main along Martin Luther King Blvd. e. The future land use is Urban Center Area so a grocery store will fit well within that category. f, The zoning change is needed in order to develop the site with a grocery store. g. The proposed store will increase traffic. However, the store will use an existing drive at Stadium Center for exiting the site and a new right in only drive closer to the building. Stadium center was designed for a commercial building or restaurant so the existing driveway will be sufficient. h. The proposed development will NOT alter the population density or undesirably increase the load on public services. i. A discount grocery store is needed in the area and will be a great addition to the existing businesses. The C-1 appears to be a more appropriate zoning along Martin Luther King Blvd than a residential zoning. If you have any questions or require additional information, please feel free to call. Sincerely Bates & Associates, Inc. Geoffrey H. Bates, P.E. President of Engineering February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 9 of 14 Fayetteville Fire Marshals Office To: Amy Sloan, Dara Sanders From: Terry Lawson, Fire Marshal Date: February 24, 2011 Re: RZN 11-3757: Rezoning RZN 11-3757: Rezoning (3250 W MARTIN LUTHER KING BLVD/ALDI, INC, 557): Submitted by BATES & ASSOCIATES for property located at 3250 W. MARTIN LUTHER KING BLVD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 1.77 acre. The request is to rezone the subject property to C-1, Neighborhood Commercial, This development will be protected by Engine 6 locatedat 900 W. Hollywood. It is approximately 2 miles from the station with an anticipated response time of 4 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development wil! affect our calls for service or our response times. February 28, 2011 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 10 of 14 RZN 11-3757 Close Up View 3250 MLKIALDI'S O RsF8 r 1 RSF4 Lend �Y(Qao It C4 7667 RMP -14 t` Pred„4Existing) Futtl ?1111[s°' t. _._ ,,,Footprints 2010 Hillside -Hilltop Ov Design Overlay Di Design Overlay Di Planning Area 0 Fayetteville erlay District Strict Strict 0 125 250 CPZD 500 750 1.000 Feel February 28, 2011 Manning Uommission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 11 of 14 One Mile View 3250 MLK/ALDI'S Overview Legend Subject Properly ® RZNI1-7757 Boundary 0 0.25 0.5 RZN 11-3757 [_ _! Design Overlay District Planning Area 0 Fayetteville 1M iles Rohn enry9R 9(111 Planning Commission RZN 11-3757 Aldi, Inc Agenda Item 3 Page 12 of 14