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Home My WebLink About2002-06-24 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday,June 24,2002 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street;Room 219, Fayetteville,Arkansas. Roll Call Approval of minutes from the June 10,2002 meeting The following items will be considered: Consent: 1. LSP 02-33.00: Lot Split(Kelly, pp 180)was submitted by Milholland Company on behalf of Gerald& Leona Kelly for property located on Gulley Road. The property is in the Growth Area and contains approximately 5.94 acres. The request is to split into two tracts of 3.0 acres and 2.94 acres. New Business: 2. LSD 02-15.00: Large Scale Development(NWA Pathology Assoc.,pp 212)was submitted by Dave Jorgensen of Jorgensen&Associates on behalf of NWA Pathology Assoc. for property located north of Longview Drive. The property is zoned R-O, Residential Office and contains approximately 2:76 acres with two buildings proposed. 3. LSD 02-16.00: Large Scale Development (Arena Village#3, pp 521) was submitted by Mandy Bunch,PE of EB Landworks, Inc. on behalf of Arthur Trumbo for property located in the 1100 block W. 6'Street. The property is zoned C-2, Thoroughfare Commercial and contains approximately 3.44 acres with a 9,200 sq.ft. building proposed. 4. CUP 02-18.00: Conditional Use (Southwestern Bell Telephone, pp 484)was submitted by Larry Bates of Canino Peckham& Associates, Inc. on behalf of Southwestern Bell Telephone for property located at 138 N. East Avenue. The property is zoned C-3, Central Commercial and contains approximately 0.25 acres. The request is for an emergency generator, fuel tank and transformer (use unit 3). 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 (575-8264), City Administration Building, 113 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 meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. H.I USERSICOMMONIPLANNING12002 AGENDAN06-24-02.DOC ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request-Applicant C. Public Comment D. Response by Applicant/Questions&Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item,raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. 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. 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. 2002 Planning Commissioners: Lorel Hoffman - Chairman Bob Estes - Vice Chairman Lee Ward- Secretary Nancy Allen Don Bunch Sharon Hoover Alice Church Loren Shackelford LSP 02-33.00 Page I PC Meeting of June 24, 2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Kelly Lot Split 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. , Staff Engineer DATE: June 20,2002 Project: LSP 02-33.00: Lot Split (Kelly,pp 180)was submitted by Milholland Company on behalf of Gerald&Leona Kelly for property located on Gulley Road. The property is in the Growth Area and contains approximately 5.94 acres. The request is to split into two tracts of 3.0 acres and 2.94 acres. Findings: As shown, tract A contains a single family home and a separate garage.No other structures exist on this property. Right of way is being dedicated along Gulley Road pursuant to the Master Street Plan. Forty-five feet is also being dedicated along the rear of this property for a future planned Minor Arterial Street. Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. Planning Commission determination of the requested waiver of the required 75 feet of frontage on an improved public street. Currently,this property utilizes a private drive for access, but has frontage on Gulley Road. If the lot split is granted,tract A will continue to use the private drive, but will no longer have frontage on a County Road. Staff is in support of the request because no additional traffic is being added to the private drive. 2. Tract A shall not be subdivided until frontage on a public road is provided, and a subdivision is approved. Tract B shall not be subdivided except by the standard preliminary and final plat process. 3. County approval shall be obtained prior to filing this split. Standard Conditions of Approval: 4. 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) 5. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets(public andi0u%4,aidesualks, June 24, 2002 LSP02-33 Kelly Page 1.1 LSP 02-33.00 Page 2 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. Background: The proposed lot split was reviewed at the May 29,2002 Technical Plat Review and the June 13, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included standard conditions of approval. The Subdivision Committee forwarded the Lot Split to the full Planning Commission subject to staff comments. Infrastructure: 1. Water. Existing 2. Sanitary Sewer. Not available. 3. Streets. Not applicable. 4. Grading and Drainage. Not applicable. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: Planning Commission June 24, 2002 LSP02-33 Kelly Page 1.2 LSP 02-33.00 Page 3 CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL",beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission June 24, 2002 LSP02-33 Kelly Page 1.3 LSP02-3&00 LEONA KELLY Close Up View ® f -71 0 p� t t ` � ". i r a t I ➢ yg ,ff� � � . I > i _ i ' ,3 t r' JI- Ij � r �F L ' i { r, Overview LaeBoundary f0 f LSP02-33.00 �'�..o Planning Area Master Street Plan'-✓ P f� lllb °°°� Freeway/Ex resswa Overlay Districty L ° I City Limits4ft%it.Principal Arterial Streets L__ r^ Minor Arterial .sem t-7�s�3 ...... Existing .._- Outside City �,' Collector June nning Commission Planned •• June 24, 2002 -w _._ - • •• Historic Collector LSP02-33 Kelly u o 150 Sao soo soo 1,200 Feet Page 1.4 WF02-33.00 LEONA KELLY One Mile View r .� �- ,� '"`� x;•it4`r-na�'r-��' a -r. w- . ' s�' a '. Qwn p r tur - 1> .fir; t _ y sF r 5 S F_ t � .... �. . Subject Property q i'_ t `S Y'" I 4 9 •5 y r 41 r r 'f fi � r s r NZ Irz x} � � a ._. Overview Legend Boundary Subject Property Planning Planning Area Master Street Plan Y� y LSP02-3300 `p 0000 Overlay District ,Freeway/Expressway C-q" J L_ I City Limits Pnndpal Anenal Ln Streets I � ''i Outside City Minor Anenal .; Existing 01* Collector Tanning Commission L S r...... ?� PlannedJune 21, 2002 **%, Historic Collector LSP02-33 Kelly 0 0.125 0.25 0.5 0.75 1 page 1.5 Miles Planning Commission June 24, 2002 LSP02-33 Kelly Page 1.6 LSD 02-15.00 Page 1 PC Meeting of June 24,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS NWA Pathology Assoc.LSD 113 W. Mountan St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. , Staff Engineer DATE: June 20,2002 Project: LSD 02-15.00: Large Scale Development(NWA Pathology Assoc.,pp 212)was submitted by Dave Jorgensen of Jorgensen&Associates on behalf of NWA Pathology Assoc. for property located north of Longview Drive. The property is zoned R-O,Residential Office and contains approximately 2.76 acres with two buildings proposed. Findings: This lot is part of the future Brookstone Subdivision, for which the preliminary plat has been approved. Currently, 57%of the site exists in tree canopy and the applicant is proposing to preserve 8.48%of the site in tree canopy with on-site mitigation.Please see the attached report from Kim Hesse, Landscape Administrator. There are two buildings and 49 parking spaces proposed. Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. Planning Commission determination of compliance with Commercial Design Standards including signage. §166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES. D.Design Elements Guidelines for Commercial Structures. 1. The elements to avoid or minimize include: a. Unpainted concrete precision block walls. b. Square "boxlike" structures. c. Metal siding which dominates the main facade. d.Large blank, unarticulated wall surfaces. e.Large out of scale signs with flashy colors. 2. Construction and appearance design standards for commercial structures. a. A commercial structure or development shall be designed to avoid or minimize the elements set forth in D.1. above. b. A commercial development which contains more than one building should incorporate a recurring, unifying, and identifiable theme for the entire development site. c.A development should provide compatibility and transition between Planning Commission June 24, 2002 LSD02-1 S NWA Pathology Page 2.1 LSD 02-15.00 Page 2 adjoining developments. 2. Planning Commission determination of the off-site street assessment for the extension of Longview Street to Plainview Avenue. As part of the Preliminary Plat approval for the Brookstone Subdivision,the Planning Commission required an assessment for each lot at the time of Large Scale Development. Staff is recommending that$9,655 be assessed based on the projected traffic and the attached rational nexus calculations. In addition, staff recommends that this assessment be voided if the City Council overturns the assessment requirements for the Brookstone Subdivision. 3. Approval shall be subject to all conditions of preliminary and final plat approval of the Brookstone Subdivision. 4. No grading or building permits shall be issued until the final plat is recorded and 31 copies are returned to the Planning Division. 5. This lot shall not be sold separately until the final plat is recorded. Standard Conditions of Approval: 6. 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) 7. 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 fortheplat 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. 8. Large scale development shall be valid for one calendar year. 9. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project 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 Background: The proposed large scale development was reviewed at the May 29, 2002 Technical Plat Review and the June 13,2002 Subdivision Committee Meeting. Planning Commission June 24, 2002 LSD02-15 NWA Pathology Page 2.2 LSD 02-15.00 Page 3 Discussion at the Subdivision Committee meeting included offsite assessments, commercial design standards and landscaping. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water. Existing 2. Sanitary Sewer: Under construction 3. Streets. Existing 4. Grading and Drainage. A preliminary grading plan and drainage report has been submitted and reviewed for general compliance. A final review and approval will be necessary before construction can begin. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: CITY COUNCIL ACTION: Required Approved Denied Date: The"CONDITIONS OF APPROVAL", beginning on page one of this report,are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission June 24, 2002 LSD02-1 S NWA Pathology Page 2.3 LS002.15.00 NWA PATHOLOGY Close Up View F 6 C.Q 5 MI PP ° 00 p00p000o E-2, ° °oo G2 °°o p °°O oo°O ° oOOpO00000°opOO°°°°pOpOOpOooOopCo r °°°° SUBJECT PROPERTY .�+ I o°pOOOOO0000000O R G \ ° 00 o°� fF�6,o° oo° pie o \ ° ° ° _ IMIIIXiIIN�(I��ljj�yIXIIINiI e: -Q `—��.R'Z5 tDNGVfEW ST s h MONTE PatQJ TD p BUTTER NUT CR y *' -y a p ldPJNUP DR (j did adrte , Overview Legend Subject Property Boundary Master Street Plan LSDO2-15.00 I-o,,,, Planning Area "4;:�- -- FremaylExpresmay �S u800 Owrtay DistriU Principal Arterial Streets r00—— Minor Arterial Existing L_I City Limits Plc rining Commission j ,urs fV �Collector June 24, 2002 -- Planned �Outside City ��♦ �. Historic CollectorLSD02- 5NWA Pathology �r 0 100 200 400 600 80° Page 2.4 Feet 1 � 1 WINE- Rif a Fill? � , � I ►, - , .qq��II. rn n .■ i ' �� /�'"�- -ate = � / � �:lls1� lies.■■■I■�■ \� � 1 1,.��' '„��-R° r. _ �I�s'��►- . ■Inn�. . ►o1n■�®_ i illi USE- 'ar n "� �pI��7;L.,!�_.nn ��/.••' ►r1 OY11111&P/ MEMO sss �� 111111 ��I. .. aR _min gnNNG� ■! 1 ... °�� dI1 C 1�l\rlr�(■I,UI.1\rlrYl�ii MIS:_ .0 14111111111IIIIIIIbi ►1 �-r r8-80ii l/ i.-�3 I�x.111. �� n.� ,130V 311■. %n!l3lGll 1111111111� I —�� i. .i among�(■II�IU-SII®� moi..y .. one .o. - lI i 1/1��II 1��/■_■■■_■�11 .■G/■1__�, In ION � am. i•' °S.$ mar mc,$r.`� .II/��111� : ar or ML RUN �/�i�ne1y�►i1' -� ■ .. :...::.:. ::..::.:: _ _ — _ . Vii..._ ■ ■1111 �••��.■� /�:��'�•� 9 i ► X11 i'� �. �. ,..,. �_� �........,. � Legend SPGcfty Streets Master Street Plan Zoning .: Outside%0�edq District MinorAfterial _ oo.c, Collector ---- Planning Area 0 0.1 0.2 0.4 1 . ".8 LSD02 •, . ,� Planning Commission June 24, 2002 LSD02-I S NWA Pathology Page 2.6 LSD 02-16.00 Page I PC Meeting of June 24,2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,.ARKANSAS Arena Village#3 LSD 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. , Staff Engineer DATE: June 20,2002 Project: LSD 02-16.00: Large Scale Development(Arena Village#3, pp 521) was submitted by Mandy Bunch of EB Landworks, Inc. on behalf of Arthur Trumbo for property located in the 1100 block of W. 6th Street. The property is zoned C-2, Thoroughfare Commercial and contains approximately 3.44 acres with a 9,200 sq.ft. building proposed. Findings: The proposal is to add an additional building to the Arena Village site,which is located south of 6th Street, east of Razorback Road and north of Indian Trail. Currently,two buildings exist on the site,which include several businesses such as the Taco Place, Worldwide Travel,Red's, and Mailboxes etc. Currently, 1.11%of the site exists in tree canopy and the applicant is proposing to preserve .77%with onsite mitigation. Right-of-way is being dedicated along 6th Street pursuant to the Master Street plan. Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. Planning Commission determination of compliance with Commercial Design Standards including signage. §166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES. D.Design Elements Guidelines for Commercial Structures. 1. The elements to avoid or minimize include: a. Unpainted concrete precision block walls. b. Square"boxlike" structures. c. Metal siding which dominates the main facade. d. Large blank, unarticulated wall surfaces. e.Large out of scale signs with flashy colors. 2. The applicant shall install an eight foot woodboard privacy fence along the southern property line in lieu of the six foot tall privacy fence shown on the plan. This is required in order to screen a commercial use from a residential district. Planning Commission June 24, 2002 LSD02-16Arena Village#3 Page 3.1 LSD 02-16.00 Page 2 Standard Conditions of Approval: 3. 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) 4. 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. 5. Sidewalk construction in accordance with current standards to include a minimum six foot sidewalk with a minimum ten foot greenspace along 6t' Street. 6. Large scale development shall be valid for one calendar year. 7. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project 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 Background: The project was reviewed at the May 29, 2002 Technical Plat Review and the June 13, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included commercial design standards and screening the south side of the building. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water. Existing 2. Sanitary Sewer: Existing 3. Streets. Existing Planning Commission June 24, 2002 LSD02-16 Arena Village#3 Page 3.2 LSD 02-16.00 Page 3 4. Grading and Drainage. A preliminary grading plan and drainage report has been submitted and reviewed for general compliance. A final review and approval will be necessary before construction can begin. PLANNING COMMISSION ACTION: ves Required Approved Denied Date: Comments: CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL",beginning on page one of this report,are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission June 24, 2002 LSD02-16 Arena Village#3 Page 3.3 i Lsooz-I&DO ARENA VILLAGE #3 Close Up View . �' ...-....._. STONE Si P-i P-1 u P11 ENE G2 p la P-Y tt2 C-2 C.2 C-2 oz '.. '.zNOtAN'-MC 14 s LN- _ 4! i _ROCHIER 5T r Overview r, Legend Boundary �Y Subject Property _ Master Street Plan 8„'i Planning Area ®LSD02-16.00 ca000 ,Freeway/Expressway c Overlay District o000 Principal Arterial Streets L.-- I City Limits 4.a pMinor Arterial Existing Outside City Pl nnin Commission — �3 Collector g `t S Planned June 24, 2002 _ Historic Collect �y 0 100 zoo aoo �' - 800ZSD02-1 Arena Village 93 Feel Page 3.4 Ls102-16.00 ARENA VILLAGE #3 One Mile View 2 + RD -___ �: � <=APT€ ••sa-sem#�� 3 R-S- N+4^�r+'�R'-3�� At{Er. „ r, • +.:kifi'+i,i+j"•.q x 7 ais r M• Q HALGEII RD 44 + •••rar p_ EV GAUNF y. R f i. q 1 ¢r .... 3 Z1 .•. I. .! �R4D 2 R t R tom, P-1 P-1 O J ►=.-G J.. {-yH.g ROI F R-0: i !PRAJr R T ,� �r "'�` *s3•rY.h`s•as•.r( - '�Sa�C-R-t -♦NN'a s• 000 .-: 4z Di A T , C e-_ I rk • o tr R1 RTI M < 4 �ft3 p3 # —,�:Br • ---- ate' .-.__. ,_:.. 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R 2 C Y A.t 3 R. 0 TANO . m i R Y o KElT1+P4 + T'� -.M), ?.} i -C a oo1 ! o tf 2 SUNCHASE o ' ARaoavu�egD sr_ sR {+ 'tri ate'{ - �o R-2 - xa t _w I , Fu2 I e,, Ro r.t _2 — rt:' a Overview z Legend Boundary r - Subject Property �_N_ Planning Area Master Street Plan LSD02-16.00 �0000Freaway/Expressway � C.fF-l' o Overlay District Principal Arterial �^ Streets L__City Limits ' Minor Arterial \_. Existing Outside city 0 PI inning Commission _"IN,Planned ••: Collector 24, 2002 •• Historic ColledoaSD02- 6 Arena Village#3 u 0 0.125 0.25 0.5 0.75 1 Page 3.5 Miles Planning Commission June 24, 2002 LSD02-16 Arena Village 93 Page 3.6 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing,Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: June 24, 2002 CUP 02-18.00: Conditional Use (Southwestern Bell Telephone, pp 484)was submitted by Larry Bates of Canino Peckham&Associates, Inc. on behalf of Southwestern Bell Telephone for property located at 138 N. East Avenue. The property is zoned C-3, Central Commercial and contains approximately 0.25 acres. The request is for an emergency generator, fuel tank and transformer(use unit 3). RECOMMENDED MOTION: Staff recommends that the item be tabled to the July 8 Planning Commission meeting. This will allow adequate time for review of the revised site plan submitted at the Planning Commission agenda session on Thursday,June 20,2002. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: June 24, 2002 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: H.IUSERSICOMMOMSHELLIIREPORTS6-CI2002REPOR7SICUP 02-18 SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.1 BACKGROUND: The applicant is requesting a conditional use permit for Use Unit 3, Public Protection and Utility Facilities to construct a 1.5 MEG emergency generator, 10,000 gallon ConVault fuel tank and transformer on the existing parking lot. The emergency generator will be placed in a sound attenuated enclosure. The property is zoned C-3 Central Commercial and the uses proposed are permitted only upon approval by the Planning Commission. The Southwestern Bell Central Office is located to the west of the site. The building is 49,130 gross square feet with 34,903 square feet dedicated to telephone equipment and 14,227 square feet dedicated to administrative floor space. The building currently has 72 occupants that will be relocated in the next four to five years as the administrative space is replaced with telephone equipment. A 400 KW generator and two 750 gallon fuel tanks are currently located in the basement of the building. This equipment must provide power to all critical telecommunications and building systems in the event of a utility power failure. Telecommunications equipment is sensitive to heat and it is necessary that the air conditioning equipment be connected to the generator, which it is not at this time. The existing generator is not large enough to meet demand for emergency situations and the new generator will provide the necessary power for all telecommunications and building systems. When the new generator and fuel tank are installed and tested,the equipment in the basement will be removed. The emergency generator_and_fuel lank will be placed on a new concrete slab at the northwest corner of the existing parking lot, adjacent to and visible from Spring Street. The generator and fuel tank will be surrounded by a ten foot fence for security. Outside of the fence are six inch diameter bollards set six feet apart surrounding the generator and fuel tank. The new transformer will be placed immediately south of the existing transformer on the central west side of the parking lot. A new concrete pad will be poured for the new transformer. The existing parking lot. provides 39 parking spaces. The proposal will reduce parking by 15 spaces, leaving 24 spaces. The site is surrounded by commercial structures to the south and east. There is a vacant lot and a parking lot north of the site. Spring Street is to the North and an alley is the west. There are single family offices to the northeast. The setbacks for this district are 15 feet from the rear property line, five feet from the front property line,none on the side, and 10 feet from the centerline of a public alley. The proposed generator is setback approximately 8.6 feet from the alley centerline to the west. The new structures meet all other setbacks. H:IUSERSICOMMONISHELLRREPORTSIPC12002REPORTSICUP02-18 SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.2 SURROUNDING LAND USE AND ZONING Land Use Zoning North Professional Offices Northeast: C-2 Thoroughfare Commercial; Northwest: R-O Residential Office South Commercial Building C-3 Central Commercial South of Meadow Street: C-4 Downtown Commercial East Vacant Commercial Building—previously an C-3 Central Commercial auto body shop West Commercial Building: C-3 Central Commercial Southwestern Bell Service Center GENERAL PLAN DESIGNATION Historic Commercial. The goal is to encourage commercial development which retains the area's historic character and to encourage denser residential development § 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. H:IUSERSICOMMONLSHELLUEPORTSIPC12002REPORTSICUP 01-18 SWBELL.DOC - Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.3 Finding: The applicant has submitted a written application requesting a conditional use permit to install a new ground mounted emergency generator,fuel tank and transformer on the existing parking lot. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3, The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under§161.15 District C-3 Central Commercial to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: The emergency generator and fuel tank will be used in an emergency situation only and the generator will be enclosed in a sound attenuated -- enclosure,therefore,should not create an adverse affect to the public interest. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; -H:IUSERSICOMMOMSHELLAREPORTSIPC12002REPORTSICUP 01-18 SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.4 Finding: The proposed location of the generator and fuel tank site are near the front of the parking lot,which abuts Spring Street. The generator and fuel tank are proposed to meet front setback requirements of 5 feet. The fence surrounding the generator and fuel tank concrete pad is within the setback. Any fence used within the required setback shall be approved by the City Planner to ensure adequate visibility for ingress to the parking lot and egress from the alley. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic,noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The addition of the generator,fuel tank and transformer will eliminate 15 parking spaces and leave 24 parking spaces. The parking and loading areas will remain in the same location, as will,the entrance and will not create additional impact regarding noise, glare or odor on adjoining properties or properties generally in the district. Parking requirements are waived in C-3 zoning districts for existing structures, but do apply to new construction, razed buildings or enlarged buildings. The new equipment does not create a need for additional parking spaces. The parking ordinance does not address the removal of parking spaces. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: A dumpster is located at the northeast corner of the parking lot and is proposed to remain in its current location. The current dumpster location does not appear to negatively impact ingress and eggress, or off-street parking and loading. (d.) Utilities,with reference to locations, availability, and compatibility; Finding: A 6'wide x 10' deep trench will be cut between the existing building and the proposed generator/fuel tank pad for electrical wiring. A 6' wide x 10' deep trench will be cut between the existing building and the new transformer pad for electrical wiring. No other utilities are required for the conditional use. (e.) Screening and buffering with reference to type, dimensions, and character; H.-IUSERSICOMMONLSHELLIIREPORTSIPCI2002REPORTSICUP02-18 SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.5 Finding: A 10 foot fence is proposed to surround the proposed generator/fuel tank pad. The City Planner shall approve the fence material (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 or additional exterior lighting are not proposed on the submitted site plan. (g.) Required yards and other open space; and Finding: The setbacks for this district are 15 feet from the rear property line, five feet from the front property line, none on the side, and 10 feet from the centerline of a public alley. The proposed generator is setback approximately 8.6 feet from the alley centerline to the west and does not meet the alley setback requirement. The equipment meets all other setbacks. The bollards proposed to surround the concrete pads are located in the alley and shall be located outside the alley. The bollards must be less than 36" in height if they are to be located in the 10' alley setback. If the bollards are taller than 36",they must be located outside the alley setback. (h) General compatibility with adjacent properties and other property in the district. Finding: The conditional use proposes mechanical equipment easily visible from a street.A visual impact to the street is likely unless efforts are made to reduce that impact. The proposed conditional use is generally compatible with adjacent properties and other property in the district. H..IUSERSICOMMOMSHELL/IREPOR7SIPCI2002REPORTSICUP 02-18SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.6 From Chapter 161 Zoning Regulations Unified Development Ordinance City of Fayetteville §161.14 DISTRICT C-2 THOROUGH-FARE COMMERCIAL. A. Purpose.The Thoroughfare Commercial C.Bulk and Area Regulations. Setback District is designed especially to encourage the lines shall meet the following minimum requirements. functional grouping of these commercial enterprises From Street ROW 50 ft. catering primarily to highway travelers. From Side Property Line None B.Uses. From Side Property Line 15 ft. When Contiguous to a 1. Permitted Uses. Residential District Unit I City-Wide Uses by Right From Back Property Line 20 ft. Unit 4 Cultural and Recreational Facilities D. Building Area. On any lot the area Unit 12 Offices,Studios and Related Services occupied by all buildings shall not exceed 60%of the total area of such lot. Unit 13 Eating Places E. Height Regulations.In District C-2 any building which exceeds the height of 20 feet shall be Unit 14 Hotel,Motel and Amusement set back from any boundary line of any residential Facilities district a distance of one foot for each foot of height Unit 15 Neighborhood Shopping Goods in excess of 20 feet. No building shall exceed six Unit 16 Shopping Goods stories or 75 feet in height. Unit 17 Trades and-Services _ (Code 1991, §160.036; Code 1965,App.A,Art. 5(VI);Ord.No. 1747,6-29-89;-Ord.No. 1833, 11-1- Unit 18 Gasoline Service Stations and Drive-In 71;Ord.No.2351,6-2-177;Ord.No.2603,2-19-80; Restaurants Ord.No.4034, §§3,4,4-15-97) Unit 19 Commercial Recreation Unit 20 Commercial Recreation,Large Sites Unit 24 Outdoor Advertising Unit 33 Adult Live Entertainment Club or Bar 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 32 Sexually Oriented Business H:IUSERSICOMMONISHELLRREPORTSIPCI2002REPOR7SICUP 01-18 SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.7 From Chapter 162: Use Units From Chapter 164:Supplemental Regulations Unified Development Ordinance Unified Development Ordinance City of Fayetteville City of Fayetteville C. Unit 3. Public Protection and Utility §164.01 VISIBILITY AT INTERSECTIONS IN Facilities. RESIDENTIAL/NONRESIDENTIAL DISTRICTS. 1. Description. Unit 3 consists primarily of public protection and utility equipment A. Residential. On a corner lot in any which: residential district,nothing shall be erected,placed, a. Is ordinarily planted,or allowed to grow in such a manner as not located in the street right-of-way and can be materially to impede vision between a height of 2%z significantly objectionable to nearby residential, and ten feet above the centerline grades of the commercial,and light industrial uses,and intersecting streets in the area bounded by the street b.Have requirements for lines of such comer lots and a line adjoining points specific locations or are needed to serve residential along said street lines 25 feet from the point of the neighborhoods or other local areas,and intersection. c. Are, therefore, permitted only on review. B. Nonresidential. On a comer lot in any nonresidential district,nothing shall be erected, 2. Included Uses. placed,planted,or allowed to grow,and no motor vehicle or mobile home shall be parked in a manner Facilities of Public -Electric Regulating as to materially impede vision between a height of 2'/z Service Station and ten feet above the centerline grades of the Corporations: -Pressure Control Station intersecting streets in the area bounded by the street -Transmitting Station or lines of such comer lots and a line adjoining points Tower,Radio,Telegraph, along said street lines ten feet from the point of the Telephone,Television intersection;provided,this restriction shall not be Other Utility and -Airway Beacon applicable to_a comer lot located in a C-4 zoning Protective -Fire Protection district. Facilities: -Police Protection (Code 1991, §160.110; Code 1965,App.A,Art. -Public Utility Maintenance 8(1,1.1);Ord.No. 1747, 6-29-70;Ord.No.2193,2- Building,Warehouse,or 3-76) Storage Building -Water Pipeline Rights-of- §164.02 FENCES,WALLS,AND VEGETATION. Way,Treatment Plant, Subject to the provisions of§ 164.0 1,fences,walls, Water Storage Facility and vegetation may be permitted in any required yard Railroad Rights- or any required setback area,or along the edge of any of-Way yard,provided the fence,wall,or vegetation does not Communication materially impede vision,as determined by the City and Utility Planner,between vehicular or pedestrian traffic.In Transmission Line any required yard or any required setback area, Rights-of-Way nothing permanent over 2 %feet high may be installed which materially impedes vision between vehicular or pedestrian traffic. (Code 1991, §160.111; Code 1965,App.A,Art. 8(2);Ord.No. 1747,6-29-70;Ord.No.2380,9-20- 77) H.IUSERSICOMMONISHELLIIREPORTSIPCI2002REPORTSICUP 01-18SWBELL.DOC - Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.8 From Chapter 172 Parking and Loading Eating places:excluding I per 200 square feet of Unified Development Ordinance drive-throughs and floor area City of Fayetteville restaurants offering entertainment D. Standards for the Number of Spaces,by Use. Hotels and motels 1 per room,plus 1 additional space per 1. Off-Street Parking. Except as employee provided in a.and b.below,off-street parking spaces Amusement I per 200 square feet of shall conform to the requirement in Table 3.below. floor area Parking requirements shall be met at the time any Retail 1 per 250 square feet of building or structure is erected,enlarged,or increased floor area in capacity,changed in use,or any outdoor use is Coin-operated laundry 1 per 3 machines established or enlarged. a �n C 3 Arid C 4ouiig Regional antique and 1 per 500 square feet of dtsri y furniture store floor area axtstitigsttucturewxYh a cltange of use l7ew Restaurants with 1 per 3 occupants based constrmptaott,raztEbusldmgs or-enentertainment on current adopted )iall;goporpt to fiearlttnregmrements o1 the l ity Standard Building p£Fa�Stevdle0nla€ged butldmgs addrtonai Code,City of patkritg spaces#vtllieea� ptedayhe_amotulY o Fayetteville Nuaxe Hospital and 1 per bed b. In C-3 and C4 zoning convalescent home districts,parking requirements are waived for the Gas service stations 4 per each enclosed square footage"footprint" of any building which service ba existed and has been removed since October 1, 1995, Commercial recreation- 1 per 1000 square feet in order to rebuild. large sites of site area 2. Maximum Number Allowed. Parking lotsmay contain up to 20%more spaces than Office the required minimum.Any additional spaces above professional o11ie Sales office 1 per leer 3lisguarCst 20%shall be allowed only as a conditional use and shall be granted in accordance with Chapter 163, ger 200 square feet of gross floor governing applications of conditional uses; floor area squ procedures,and upon the finding that additional spaces are needed. Public and Institutional Uses, Table 3. PARKING RATIOS Nonprofit Commercial (Use/Required Spaces) Auditorium 1 per 4 seats,provided Residential only auditorium space is Single-family,duplex, 2 per dwelling unit counted in determining triplex parking Multifamily or 1 per bedroom Art gallery, library, 1 per 1000 square feet townhouse museum of floor area Child care center, I per 1500 square feet Commercial nursery school of floor area,plus an Auditorium I per 4 seats area for overflow parking Barber or beauty shop 2 per char Church 1 per 4 seats in the main auditorium,plus an area for overflow parking or I per 40 square feet, whichever is less H:IUSERSICOMMONISHELLIIREPORTSIPCI2002REPOR7'SICUP02-I8SNBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.9 College or university 1 per 500 square feet of Recreational Uses classroom area Golf course 3 per hole College dormitory I per sleeping room Park 2 per acre College auditorium I per 4 seats Playfield,playground none . Community center 1 per 3 seats Private club or lodge 1 per 500 square feet of Detention home I per 1500 square feet floor area or 1 per 3 of floor area occupants based on the Government facilities 1 per 500 square feet of current adopted floor area Standard Building Code Hospital I per bed whichever is greater Riding stables I per acre:not required Convalescent home 1 per bed to be paved School-elementary and 1 per 1200 square feet Golf driving range 1 per tee box junior high of classroom area Bowling alley 6 per lane School-senior high 1 per 500 square feet of classroom area Tennis court 2 per court Zoo 1 per 2000 square feet Theater 1 per 4 seats of land area All other public and l per 4 occupants Commercial recreation- 1 per 1000 square feet institutional uses large sites of site area (only auditorium space Commercial recreation I space per 200 square shall be counted for feet of floor area churches,auditoriums, Amusement park, 1 per 1000 square feet or group occupancy miniature golf of site area space) Dance hall 1 per 100 square feet of floorarea Manufacturing/industrial All other recreational 1 per 4 occupants Manufacturing 1 per 1200 square feet uses of gross floor area or one per employee, whichever is eater Warehousingand Wholesale Warehousing 1 per 2000 square feet Heavy industrial 1 per 1200 square feet of floor area of floor area Extractive uses Adequate for all Wholesale 1 per 1000 square feet of floor area employees,trucks,and eui ment Center for collecting 1 per 1000 square feet recycled materials of floor area H.IUSERSICOMMOMSHELLAREPORTSWC12002REPOR7SICUP02-18SWBELL.DOC Planning Commission June 24, 2002 CUP02-18 Southwestern Bell Page 4.10