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HomeMy WebLinkAbout2012-04-23 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting April 23, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on April 23, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the April 9, 2012 meeting. 2. VAC 12-4064: Vacation (1001 W. ROCHIER ST./PARK GREEN, 561): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for properties located at 1001 WEST ROCHIER STREET. The properties are zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE AND RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE. The request is to vacate undeveloped streets and alley ways in the Rochier Heights Subdivision. Planner: Jesse Fulcher Old Business: 3. ADM 12-4062: Administrative Item (3484 W. WEDINGTON/CROSS CHURCH, 401): Submitted by CROSS CHRUCH FAYETTEVILLE for property located at 3484 WEST WEDINGTON DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for a modification to the approved CUP 10-3501 to increase the maximum number of people attending services to 704 during peak hours. Planner: Andrew Garner 4. ADM 12-4093: Administrative Item (N. OF COBBLESTONE PH I/COBBLESTONE PH III, 246): Submitted by JORGENSEN AND ASSOCIATES for property located NORTH OF COBBLESTON PHASE I. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 25 acres. The request is for variances of the block length and master street plan cross section requirements for development of Phase III of the Cobblestone Subdivision. Planner: Andrew Garner New Business: 5. ADM 12-4073: Administrative Item (UDC AMENDMENT CHAPTER 166, DEVELOPMENT): Submitted by THE CITY OF FAYETTEVILLE PARKS & RECREATION to amend Chapter 166, Development with general updates, revisions, and minimal new language. Planner: Alison Jumper 6. ADM 12-4096: Administrative Item (811 & 833 S. BEECHWOOD AVE./THE DOMAIN_LOVEBOX, 559): Submitted by JORGENSEN AND ASSOCIATES for property located at 811 & 833 SOUTH BEECHWOOD AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 16.24 acres. The request is for a modification to the approved LSIP 12-4036 for the curb -cut separation on Hollywood Avenue. Planner: Jesse Fulcher 7. ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Submitted by RAYMOND MONTEZ for property located at 4170 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to modify CUP 06-2284 to allow an outdoor patio to be added to the existing restaurant space. Planner: Jesse Fulcher THIS ITEM HAS BEEN TABLED UNTIL THE MAY 14, 2012 PLANNING COMMISSION MEETING. 8. CUP 12-4094: Conditional Use Permit (FOREST HILLS LOT 5/PLANET FITNESS, 440): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located SOUTH OF WEST WEDINGTON DRIVE AND DIRECTLY EAST OF THE NEIGHBORHOOD MARKET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (FOREST HILLS) and contains approximately 9.81 acres. The request is for a health club, Use Unit 4, within the R-PZD Forest Hills zoning district. Planner: Andrew Garner 9. LSD 12-4083: Large Scale Development (FOREST HILLS LOT 5/PLANET FITNESS, 440): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located SOUTH OF WEST WEDINGTON DRIVE AND DIRECTLY EAST OF THE NEIGHBORHOOD MARKET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (FOREST HILLS) and contains approximately 9.81 acres. The request is for development of a fitness center. Planner: Andrew Garner 10. CUP 12-4075: Conditional Use Permit (1934 E. HUNTSVILLE RD./STILES, 565): Submitted by SHARON STILES for property located at 1934 EAST HUNTSVILLE ROAD. The property is zoned NS, NEIGHBORHOOD SERVICES and contains approximately 0.41 acre. The request is to bring the existing antique store into compliance by allowing UU-15, Neighborhood Shopping Goods. Planner: Jesse Fulcher 11. CUP 12-4084: Conditional Use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by TERESA BROOKS for property located at 3825 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.62 acres. The request is for a conditional use permit for outdoor music, Use Unit 35, in a C-2 zoning. Planner: Quin Thompson 12. RZN 12-4077: Rezone (HALSELL ROAD/PRATT PLACE INN, 481): Submitted by BATES AND ASSOCIATES for property located on HALSELL ROAD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT (PRATT PLACE INN) and contains approximately 2.37 acres. The request is to rezone a portion of the Pratt Place Inn property to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Planner: Jesse Fulcher 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. Ta tev lle Y ARKANSAS PC Meeting of April 23, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: April 23, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 12-4064: Vacation (1001 W. ROCHIER ST./PARK GREEN, 561): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for properties located at 1001 WEST ROCHIER STREET. The properties are zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE AND RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE. The request is to vacate undeveloped streets and alley ways in the Rochier Heights Subdivision. Planner Jesse Fulcher Findings: Property description: The subject property contains approximately 19.39 acres and is located south of Martin Luther King Boulevard and south of the intersection of Paris Avenue and Rochier Street within the Rochier Heights Subdivision. Rochier Heights Subdivision was platted in 1926 and included several dedicated streets and alleys; however, only a few of the streets were ever constructed. Access to the site is currently from Rochier Street, which dead -ends on the north side of the property. The remainder of the subdivision is currently undeveloped. Request: The applicant's request is to vacate the unconstructed alley and street rights-of- way within the Rochier Heights Subdivision, as indicated on Exhibits "A" and "B" attached. None of these streets or alleys were ever constructed, and a portion of Paris has already been vacated (Ord. No. 1426). Many of these streets and alleys could not be feasibly constructed due to topography, rail road right-of-way or overhead utility lines. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections G:\ETC\Development Services Review\2011\Development Review\12-4064 VAC (Rochier Heights/Park Green)\6 Planning Commission \04-23-2012\Comments and Redlines April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 1 of 20 Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Finding that adequate access exists to serve the subject property, staff recommends forwarding VAC 12-4064 to the City Council with a recommendation for approval subject to the following conditions: CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded El Denied O Tabled Date: April 23, 2012 Motion: Second: Vote: G:\ETC\Development Services Review\2011\Development Review\12-4064 VAC (Rochier Heights/Park Green)\6 Planning Commission\04-23-2012\Comments and Redlines April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 2 of 20 PETITION PETITION TO VACATE ALLEYS LOCATED IN ROCHIER HEIGHTSSUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS TO: The City of Fayetteville City Planning Commission and Fayetteville 'city Council We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to be abandoned and vacated, lying in Rochier Height Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: SEE ATTACHED LEGAL DESCRIPTION That the abutting real estath affected by said abandoriMent of the alley are in Rodger Heights Subdivision, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described alleys. The petitioners pray thatthe City of Fayetteville, ArkanSaS, abandon and vacate the -above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used fortheir respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, subject to said utility arrd sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. ti Dated this vl„ day of 444t141210 , 20 129 y cie-a4e9-4- Printed Name April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 3 of 20 €Xlr.\b\} "A" LEGAL DESCRIPTION FOR STREETS AND ALLEYS TO BE VACATED: Streets and alleys, or portions thereof, to be vacated are ail located within Rochier Heights Addition to the City of Fayetteville, Arkansas as shown upon the original plat of record for said Rochier Heights Addition on plat Book 5 at Page 69, in the plat records of Washington County, Arkansas, being a part of the NE1/4 of the NE1/4 of Section, 20 and a part of the NW1/4 of the NW1/4 of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows; Paris Avenue: That part of Paris Avenue lying south of Rochier Avenue as previously described and dedicated by City of Fayetteville Ordinance #1450 and recorded in Volume 653 at Page 75 of the records of Washington County, Arkansas being described as: A strip of land fifty (50) feet of uniform width for a Public Street running from the South Line of Rochier Street to the West Line of Paris Avenue as formerly platted and of record and shown upon the Plat of Rochier Heights Addition to the City of Fayetteville, Arkansas, more particularly described as a strip of land fifty (50) feet of uniform width lying East of and inside a line with the following described curvature: Beginning at the Northeast corner of Biock 6 in Rochier Heights Addition to the City of Fayetteville, Arkansas, said point being also 562.62 feet East and 299.84 feet South of the Northwest corner of Section 21, Township 16 North, Range 30 West of the 5th P.M., and running thence South 89° 59' West, 429.36 feet along the South line of Rochier Street to the Point of Beginning for the West line of the strip of land herein conveyed; thence 5 37° 43' W, 64,00 feet to the P.C. of a 30`09' Curve to the Southeast thence curving Southeasterly along said curve 267.64 feet to the P.T, of said Curve, this curve line being on the West and Outside line of right-of-way of the 50 -foot strip herein conveyed for street; thence S 43° E, 103.45 feet or to the West line of Paris Avenue as formerly platted; thence South 62 feet to the north end of Paris Avenue at the Northwest corner thereof as now platted; thence East fifty (50) feet; thence North 84 feet to the South Line of Grandview Street as formerly platted and the portion of which is now closed; thence Northwesterly to the East line of the Street herein conveyed. it is intended and understood that said 50 -foot strip of land shall constitute a curved continuation of Paris Avenue as the same now exists to Rochier Street, as the same are platted. Also, all that part of Paris Avenue as originally platted that is bounded on the North by the South line of the above described portion of Paris Avenue as described in said Ordinance #1450 and recorded in Volume 653 at Page 75 of the records of Washington County, Arkansas and located between Blocks 7, 8, 10, 12 of said Rochier Heights Addition that extends to the north line of the St. Louis & San Francisco Railroad as shown on said plat of Rochier Heights Addition. Waunetta Avenue: All that part of Waunetta Avenue as originally platted and shown upon the Plat of Rochier Heights Addition that lies South of Rochier Street and West of the St. Louis & San Francisco Railroad, and lying East of Lots 1 and 11 of Block 6, and East of Lots 1 and 7 of Block 7, all within said Rochier Heights Addition. Pansy Street: All of Pansy Street as originally platted and shown upon the Plat of Rochier Heights Addition that lies between the West boundary line of said Rochier Heights Addition and the West line of the St. Louis & San Francisco Railroad and lying South of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 of Block 10 and North of Lots 1, 2 of Block 11, including that small portion of Pansy Street lying South of Lot 13 of Block 9 of said Addition. G.\11104901 PkGrColVii\SUR\Desc\Vacaton Legal Description.doc April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 4 of 20 Rockbluff Street: All of Rockbluff Street as originally platted and shown upon the plat of Rochier Heights Addition that lies between Rose Avenue and the West line of the St. Louis & San Francisco Railroad and lying South of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 of Block 8 and Lots 5, 6, 7 of Block 7, and North of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 of Block 10, and Lots 1, 2, 3 of Block 12 of said Addition_ Grandview Street: That portion of Grandview Street as originally platted and shown upon the plat of Rochier Heights Addition that lies between the East line of Rose Avenue and the West line of Paris Avenue, as originally platted, and lying South of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 of Block 5, and North of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 of Block 8, and that portion of Grandview Street that dies between the West boundary line of said Rochier Heights Addition and the West line of Rose Avenue which lies South of Lot 12 of Block 4 and North of Lot 1 of Block 9 of said Addition. Rose Avenue: All that part of Rose Avenue as originally platted and shown upon the plat of Rochier Heights Addition that lies South of the platted centerline of Grandview Street, being the South line, of the property as described in Warranty Deed 2006-45373 as Tract'A", and extending to the South boundary line of said Rochier Heights Addition which lies East of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 of Block 9, and West of Lots 9, 10 of Block 8 and West of Lots 9, 10 of Block 10 of said Addition. Alleys: That portion of the Alley located within Block 5 that lies West of Paris Avenue as originally platted and shown upon the original plat of Rochier Heights Addition and East of the East line of Lots 8, 11 of Block 5 and lying South of Lots 1, 2, 3, 4, 5, 6, 7 and North of Lots 12, 13, 14, 15, 16, 17, 18 all in Block 5 of said Addition. Also, the Alley located within Block 7 that lies South of Lots 1, 2, 3, 4 and North of Lots 5, 6, 7 of Block 7 of said Addition; Also, the Alley located within Block 8 that lies South of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and North of Lots 10, 11, 12, 13, 14, 15, 16, 17,18, and North, South, East, and West of Lot 19, all in Block 8 of said Addition; Also, the Alley located within Block 10 that lies South of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and North of Lots 10, 11, 12, 13, 14, 15, 16, 17, 18, all in Block 10 of said Addition; Also, that portion of the Alley located along the West boundary line of said Rochier Addition lying South of Grandview Street and extending to the South boundary line of said Rochier Addition, and lying West of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 of Block 9 of said Addition. G:\11104901_PkGrCoIVil\SUR\Desc\Vacaton Legal Description.doc April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 5 of 20 41. 4 4 441 4 S 8 E5 9 N 299 5 6 6 G G 9 E ate 4,64 N 02°4R'14' E 701.10' NN4 4g4.644, AT Aus ROSE AVE 50'0/04 N 02'57I4 E 171.45 PARIS AVE sr RAG 6 4n, bYgj. R4a7b ey,t54.50 '.n ... ........... P000 gaa E r8 41 4 0 0 1 BOUNDARY SURVEY LOTS I - 7 & 12-180F BLOCK 5. BLOCKS 6,7 , 8, 9,1411&12 OF ROCHIER HEIGHTS ADDITION PREPARED WR; UNIVERSITY STUDENT LIVING, LLC FAYE1TEVILLE ARKANSAA�I'e:, 2012 U vtj Cnmmiccinn VAC 2-4064 Park Green Agenda tem 2 Page 6 of 20 12 0 m ce0 1 1 1 I L I 1 1 I I I I I I I W. Rochler St. 9 10 Grandview St. Rockb uff St. 13 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 7 of 20 as 111 a P„ h I 1 er 9 4 ` h , A S O 111111111 MEM b'3 h 09 s. April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 8 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2115/12 ITY COMPAI f 1 1 ! SorATIHUJs.St6Qi'.S APPLICANT NAME: .:Steven Beam (Representative) REQUESTED VACATION (apphcant must check dither apptY):: Utility Easement Right-of-way for alley o steeots and all util Alley lu-of:way 1bave Seen nopfled-ofthe petition to vacate the following (of y, easemeht, ht-al-ways APPLICANT PRONE: 473-841-1338 s located within the vacated fight*o Generallocation i `Address (referring to attached document- must be completed") 1001 W. Rochier (Hilltop property at south end of Paris Drive) or (ATTACH legal description and graphic representation ojwha€is being vcated-S'URVE OMPANrY-CONLVENTS: o No objections to the vacation(s) described above. o do objections to the vaeation(s):described above, provided faltnvving deseritied easements are retained. (State the location, dinienstons, and purpose below) O No objections presided the following conditions are me �It EL©CFtEt,NOR.lO-gnn 0.GE. oto EXI ST ii\ES; WtL B. c.ArZEb Fog h A i ET AT i FtE owll l€i Company Representative OS:P EN insaccL-Th£SIGIJ Title: July 2009 Page 5 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 9 of 20 UTILITY APPROVAL FORM FOR RIGHT- OP- WAY, ALLEY, AND' UTILITY EASEMENTVACATIONS. DATE; 2/15/12 UTILITY COMPANY: C,n.Y C.or+77/✓Iceg cafion5 APPLICANT NAME:Steven Beam (Representative) REQUESTED VACATION (applicant must check au that apply): Utility Easement: )C Right-of-wayfor alley or streets and all utility easements located witYiinthevacatedright- of- -way. Alley $G Street right-of-way have been notified of the petition to vacate the following (alley, easement right-of-way), described as folio General location / Address (referring to attached document -:must be completed*") 1001 W. Rochier (Hilltop property at south end of Paris Drive) APPLICANT PHON; 479-841-1338 (ATTACH legal description and graphic rept escalation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: e No objections to the vacation(s). described above. • No objections to the vacation(s) described above, provided foltowingdeseribed. easements are retained (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: /Th/ oin/nage dr tlei At-dot/es rt;ll n f fl,e rirhve.4yers Ca'pen r,,7 Signature of Utility Company R , entative Cotoicifitottliclel 64 Title Jute 2009 Page 5 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 10 of 20 APR/04/2012/WED 12,23 PM DATE; 2/15/12 FAX No. P. 001/001 UTILITY APPROVAL FORM FOR RIGET- OF. WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY; ,/Je7:la/i—tri m /_.45, • APPLTCANTNAM11 Steven Beam (Representative) APPLICANTPHONE: 479-841-1338 REQUESTED VACATION (applieana must check all that apply): Utility Easement �6 Right-of-way for alley or sweets and all utility easements located within the vacated right- of- way. �( Alley .X Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows; General location / Address (retelling to attached document- must be completed") 1001 W. Rochier (Hilltop property at south end of Paris Drive) (ATTAC% legal description and graph -c representation of what is being vacated -SU ES) UTILITY COMPANY COMMENTS: (G'/ No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: l /12-2 Signature of U ity Company Representative X.:// & ,, nt 21 Title July 2009 Page S April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 11 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/15/12 UTIIdTYcoMPANY: RCPStOePC.13 APPLICANT NAME: Steven Beam (Representative) APPLICANT PHONE: 479-841-1338 REQUESTED VACATION (applicant must check all that apply): Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) 1001 W. Rochier (Hilltop property at south end of Paris Drive) (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpdse below.) /00' etec4rtc Tr-sztw,iss;ov. Line Fm er1evit- {7, ,ke rel-mnett • No objections provided the following conditions are met: Signa t of Utility Company Representative Piss. evil/neer- Title i /neer' Title July 2009 Page 5 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 12 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 04/05/2012 UTILITY COMPANY: CITY OF FAYETTEVILLE APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): - Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of way. - Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) (ATTACH legal description and graphic representation of what is being vacated -SURVEY) a* UTILITY COMPANY COMMENTS: C No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: ignature of Utility ' ompany Representative UTILITIES ENGINEER Title April 23, 2012. Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 13 of 20 DATE: 2/15/12 UTILITY APPROVAL FORM FOR ,RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY:. 5 ct APPLICANT NAME:. Steven Beam (Representative) APPLICANT PHONE: 479-841-1338 REQUESTED VACATION (applicant must check all that apply): Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. x Ailey SC Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) 1001 W. Rochier (Hilltop property at south end of Paris Drive) (ATTACH legal descriptions graphic representation of what is being vacated -SURVEY) UTILITYGOMPANY CQMMENTS:_ �_._... No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: July 2009 Page 5 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 14 of 20 ADJACENT PROPERTY OWNER NOTIFICATION FOR14! VOR RIGHT- OP- WAY, AILEY, EASEMENT YACAFION REQUESTS Date; 2/23/12 Address /'lobation of vacation: 1001 W Rochier ( Hilltop Property at the South end o Adjacent property address: 605 Chestnut St, Chattanooga, TN 37450 Lot: Block: - Subdivision: Rochier Het hts REQUESTED VACATION: I have been notified of the petition tb vacate the following 0111y, (Maude legal a,idgraphic! ;repleseniat, Paris Drive )_.. anent, right-of-way), tlesorilted as 11 s: rat is being vaporetti See Attached ADJACENT PROPERTY OWNERS COMMENTS: 13 -I have been notified of the requested vacation and decline to. comment I do not object to the vacation described above, C 1 da object to the requested -vacation because: CiL PrnjeeNan(i�en Name of Adjacent Props Owner(printed) Signa tEe df Adjaeont Propet Applicant Name July 2009 Page 6 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 15 of 20 ADJACENT PROPERTY OWNER NOTIFICATION FORM/ FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 2/23/12 Addresslocation of vacation: 1001 W Buttner ( Hilltop Property at the South end of Paris Drlve Adjacent property address: P.O. Box 1282, Fayetteville, AR 72702 Lot _ _ Block. Subdivision: Rochier Heights REQUESTED VACATION: Ihave been notified of the petition to vacate the following (dltu)S easettreflt riI 4-190y), described -as follows: (Include legal description and graphic sepresanlotion of who ls tieing vac fed) - See Attached ADJACENT PROPERTY OWNERS COMMENTS: 0 I have been notified of the roquested vacation and decline to coizunent: f I do not object to the vacation described above. I do object to the requested vacation because: Kt -it zaue C% L >vzi-i7 &a.-7 l�eru ,k ,; Project Name Name of Adjacen Property Owner (printed) Signature of Atjjacent Property Owner Applicant Name My 2009 Page 6 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 16 of 20 ADJACENT PROPERTY OWNER NOTIFICATION FORM DOR MOW- Or- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 2/23/12 Address / location of vacation: 1001 W Rochier ( Hilltop Property at the South end of Paris Drive ) Adjacent property address: I Old Bloomfield Ave, Mountain Lake, NJ 07046 Lot: Block: Subdivision: Rochier Heights REQUESTED VACATION: Halve been notified of the petition to vacate the following (alley,- easement, right-of-way), described as follows: (Include legal description and graphic representation of what Is being vacate(? - See Attached ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. 1 do not object to the vacation described above. ❑ I do object to the requested vacation because: Project Name /� PAAI dQ r ka%op u.C✓ Nance of Adjacent Property Owner (printed) � EIIS VYlatlnio' Signature of Adjacent roperty Owner Applicant Name July 2009 Page 6 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 17 of 20 C-2 PARK GREEN INDIAN TRL Li R -O 41 Legend z ulti-Use Trail (Existing) •• ••• Future Trails Fayetteville City Lirrtit5•' InVAC 12-4064 1 RPZD O z O CHERRYWOOD DR P.1 12TH ST Footprints 2010 Hillside -Hilltop Overlay District Design Overlay District Design Overlay District 0 125 250 Planning Area 500 750 1,000 April 23, 2012 FeePlanning Commission AC 124084 Park Green Agenda Item 2 Page 18 of 20 VAC12-4064 PARK GREEN One Mile View ELL RD -4 CP2D MARKH CP2D RSF-4 ALLEY 223 Rs RsFANRQsra DR _ SwW RSFARMF w ¢ WALa'ON : T W RMF -24 W •04 >- 11C. Q RMF RSFA = MF24RMF24MI (9 0) RMF -24 i N 1 ¢ RMF -24 -300. RMF -24a• DICKSO. ST U -.. _MA_FW- Q _RMF -24 W Q RMFsa- W -MITCHELL ST WAF-2Y RMFk RMF -24 — RMF -20 1 R-0 0-1 C-2 C-2 1-1 1-1 L C-2 1-1 LW... ... .......• 1r1 MSC Mk MSC Mt. MSC e W 2 I QMSC MSnMSc -MSCf • ~ MSC}> MSC MSC• MS 46c3 cA -• SPRING S D:J l MSC . "MSC C MSC MSC MSC 1 If1� MSC MSC MSC ay ...r STMSC MSCI .../ c ST SO C MS 1 SC MSC UBLIC 545 SUBJECT PROPERTY W .,A1 RMF -24 R# 1-1 RMF24 1-1 PA RMF 1TH ST w 11T. RMIF-24� DRMF-20 1-1 RMF-2r12Tl/ R01110;-24 Q RMF24!G�j2.17/2 W C2 -24 RMF -24 M 'MF24'Q/� RMF-24RMF-24M. MSC L� RMF -241 RSF-4 EC) C-2 NE DR RMF -24 HMONOO NS RMF24 RMF -24 RSF-4 SLIG RMF -24 o ST RMF -2 NS MF P-1 P-1 13TH ST P-1 RMF -24 p-1 RMF -24 „..1 re L11 egend Frail (Existing) Overview Legend Subject Property VACI2-4064 Boundary 0 0.25 0.5 L J VAC 2-4064 Desi.n Overlay District Plan ing Area Fay: tteville 1 M 10623, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 19 of 20 April 23, 2012 Planning Commission VAC 12-4064 Park Green Agenda Item 2 Page 20 of 20 aye • 1evl e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: April 18, 2012 PC Meeting of April 23, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 12-4062: Administrative Item (3484 WEDINGTON/CROSS CHURCH, 401): Submitted by CROSS CHURCH FAYETTEVILLE for property located at 3484 WEDINGTON. The property contains approximately 2.24 acres and is zoned C-1, NEIGHBORHOOD COMMERCIAL. The request is for a modification to the approved CUP 10-3501 to increase the maximum number of people attending services to 704 during peak hours. Planner Andrew Gamer BACKGROUND Previous Planning Commission meetings: This item was tabled at the March 26, 2012 and April 9, 2012 Planning Commission meetings to give the applicant more time to work on the traffic control plan with the adjacent property owners. The applicant has revised their plans as described in the proposal below. Property Description: The subject property is located at 3484 Wedington and contains a church and parking lot on approximately 2.24 acres. The surrounding land use and zoning is listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Townhouses/apartments (Chevreaux Court) R -O, Residential Office South Wal -mart Neighborhood Market CPZD Commercial Planned Zoning District (Forest Hills) East Bank C-1, Neighborhood Commercial West Multi -family residential R-PZD Residential Planned Zoning District (Links at Fayetteville) Background: On April 12, 2010 the Planning Commission granted approval of CUP 10-3501 Shoppes at Wedington for a church, Use Unit 4. The church was constructed and a final certificate of occupancy permit was issued on April 6, 2011. The certificate of occupancy permits a maximum of 706 people in accordance with building code. Proposal: The conditional use permit was approved with a condition of approval (No. 3) that specified that the maximum occupancy shall not exceed 344 persons. However, the church has had C:IETCIDevelopment Services Review120121Developme t Review112-4062 ADM3484 W. Wedington Dr. (Cross Church)103 Planning Commission104-23-20121Commenis and Redlines April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 1 of 46 more people attending services than originally intended and the City received some complaints from an adjacent property owner regarding the church' s operations. To address the issue with more people attending services than originally approved, the applicant has submitted a request to modify the conditions of approval for CUP 10-3501 to permit up to 704 persons during peak hours. All of the other conditions of approval from the original large scale development and conditional use permit have been met. Along with the request to allow for the increased number of persons Cross Church proposes to modify their traffic control plan to address comments and concerns of the adjacent residential property to the north. Their proposal is presented in the attached letter and documents from Cross Church and is included in the official conditions of approval, herein. Public Comment: In September 2011, City Planning staff received complaints about Cross Church from the president of the Chevreaux POA (adjacent to the north of Cross Church) in person and via email. The complaints have been related to various development regulations such as landscaping and drainage, and concerns with parking, access, and the overall intensity and number of patrons attending the Cross Church services. The complaints where also concerned that the public notification for the original conditional use permit did not require written notification to every property owner within their development. Only the property owner of the parent parcel number as listed on the County Assessor's website received written notification, not the individual condominium owners. Although not required by ordinance, to address this concern Cross Church has sent written letters to each of the individual condominium owner's of the Chevreaux Court development for the March 26, 2012 Planning Commission meeting. RECOMMENDATION Staff recommends in favor of the applicant's request to permit a maximum of 704 patrons during peak church service hours. The church has shared parking agreements, that when combined with the on-site spaces, provide 202 parking spaces. This exceeds the minimum required number of 176 spaces (1 per 4 people). Staff has conducted drive-by site visits during peak church services on Sunday mornings. The church parking attendants combined with traffic and pedestrian control appear to bring the church attenders safely in and out of the church building, in staff's opinion, without traffic hazards. There are a fairly large number of vehicles and pedestrians walking from the various parking lots that Cross Church uses under shared parking agreements. Initially there were some issues with pedestrians crossing Salem Road at unmarked locations, and issues with cross access and access for Chevreaux Court residents being constrained by the church operations. However, staff has been in communication several times with Cross Church to address these issues and the church has been responsive to the neighbors and staffs concerns. The safety and access issues have been resolved to staff's satisfaction. The modification to allow for 704 patrons (instead of 344) does not change staff's original finding that the use is compatible and appropriate in this busy mixed-use area along a state highway. The church has been receptive and easy -to -work with in staff's opinion, which is critical in these types of conditional uses with surrounding residents. Recommended Motion: Staff recommends approval of ADM 12-4062 Cross Church Conditional Use Permit Modification with the following conditions of approval: G:IETCIDevelopment Services Review120121Development Review112-4062 ADM3484 W. Wedington Dr. (Cross Church )103 Planning Commission104-23-20/21Comments and Redlines April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 2 of 46 Conditions of Approval: 1. CUP 10-3501 is hereby amended to allow for a maximum of 704 people attending services as proposed by the applicant and indicated in the attached letter and documents. 2. All conditions of approval from CUP 10-3501 still apply, with the exception of condition of approval No.3 to allow for a larger number of persons than originally approved. 3. The traffic management measures described in writing and as shown on the attached exhibits provided by Cross Church (Exhibit A) shall be required as a condition of approval. Planning Commission Action: Motion: Second: Vote: Meeting Date: April 23, 2012 ❑ Forwarded ❑ Denied G:IETCIDevelopment Services Review120121Development Review112-4062 ADM 3484 W. Wedington Dr. (Cross Church)103 Planning Commission104-23-20121Comments and Redlines April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 3 of 46 Exhibit "A" page 1of8 April 16, 2012 City of Fayetteville Planning Commission 125 West Mountain Fayetteville, AR 72701 RE: Cross Church Fayetteville The Shoppes at Wedington Conditional Use Permit CUP 10-3501 Dear Staff and Commissioners: On February 17, 2012, Cross Church Fayetteville (Applicant) submitted to the Commission a request for administrative modification of Conditional Use Permit CUP 10-3501 (CUP) granted at the April 12, 2010 Planning Commission Meeting. The CUP includes the following condition: The maximum occupancy shall not exceed 344 persons as indicated on the enclosed floor plan unless otherwise approved by the Planning Commission. Applicant requested that the Commission modify this condition to allow a maximum occupancy of 704 during any one service or event, which is the actual occupancy of the building noted on the current Life Safety Plan. A floor plan depicting a Life Safety Plan for occupancy of 704, prepared by Miller, Boskus, and Lack (Architects) is attached as Exhibit A to Applicant's February 17 request. Applicant requests that the condition be amended to read as follows: The maximum occupancy shall not exceed 704 persons unless otherwise approved by the Planning Commission. The proposed amendment will not adversely affect the public interest and will not result in the Church's use of the property being incompatible with adjacent properties and other property in the district. April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 4 of 46 Exhibit "A" page 2 of 8 Applicant's request came before the Commission at the March 26, 2012 meeting and was tabled to the April 9 meeting to allow Applicant to address concerns raised by a member of the public regarding safe and orderly access to the Chevaux Condominium complex located north of Applicant's building. At Applicant's request, the matter was again tabled to the April 23 meeting while Applicant continued to work with the concerned citizen on solutions. These discussions have resulted the following key modifications to Applicant's Parking and Traffic Management Plan (Plan): I. Parking and traffic management measures (Measures) will be in effect whenever parking overflows from the Church lot to the shared parking lots at Bank of the Ozarks or Iberia Bank. 2. When Measures are in effect, the Parking Team will include at least one uniformed police officer who will operate the traffic light at Salem and Weddington, and a sufficient number of volunteers to accomplish the objectives of the Plan. One volunteer will be stationed near the point where Chevaux Drive turns north into the Chevaux Condominiums to provide expedited access to and from the Chevaux complex. 3. For Sunday morning services beginning between the hours of 9:00 am and 12:00 pm, and for other events where the Church expects the parking lots of the Church, Bank of the Ozarks, and Iberia Bank to be substantially filled with Church patrons, the Parking team will include a second uniformed police officer who will be stationed near the point where Chevaux Drive turns north into the Chevaux Condominiums, replacing the volunteer who would otherwise be stationed there. 4. Parking will be limited to designated parking spaces. A more detailed description of the Plan is attached as Exhibit D. Two aerial photos showing the entry and exit traffic flows and the positioning of police officers and volunteers are attached as Exhibit E. The much faster than anticipated growth of the Church indicates that there is a very high demand for the services the Church offers to the citizens of Fayetteville. Cross Church Fayetteville desires to continue to grow and provide these services under safe, orderly conditions that will enable us to carry out our mission most effectively and provide economic benefits to nearby businesses, while minimizing any inconvenience to our neighbors. It is our sincere desire to be a blessing to the people around us. Therefore Applicants respectfully request that the Commission modify the CUP to allow a maximum occupancy of 704 as described in its February 17, 2012 request above. April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 5 of 46 Exhibit "A" page 3 of 8 Respectfully submitted, Tz_____IP---AbTh Ronnie L. Parrott Jr. Pastor of Discipleship (479) 695-5202 ronniep@crosschurch.com April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 6 of 46 Exhibit "A" page 4of8 EXHIBIT D Cross Church Fayetteville Parking & Traffic Management Plan April 16, 2012 OBJECTIVE: The objective of this Plan is to: Provide safe and orderly entrance to and exit from the Church's parking lot and nearby lots where the church has shared parking agreements; Maintain safe and orderly traffic flow on Wedington Drive and North Salem Road; Maintain safe and orderly access to and from the Chevaux Court Condominiums. MEASURES IN EFFECT: Parking and traffic management measures ("Measures') will go into effect whenever parking overflows from the Church lot to the shared Tots at Bank of the Ozarks, Iberia Bank. Once implemented for a particular event, Measures will remain in effect until the police officer member of the Parking Team determines that substantially all Church patrons have exited the parking lots and traffic flow has returned to near normal conditions. PARKING TEAM: The Parking Team shall be responsible for implementing Measures and shall consist of a Volunteer Parking Coordinator, one or more uniformed police officers and a sufficient number of volunteers to accomplish the objectives of the Plan at all events where Measures are in effect. Volunteer Parking Coordinator: Shall be responsible for having the correct number of trained volunteers present and properly stationed at each event at which Measures will or may be in effect. Police Officers: Lead Police Officer: A designated police officer for each event shall have authority to make adjustments to the measures while events are in progress to accommodate situations that may arise, including, but not limited to, expedited passage for emergency vehicles. High Attendance Events: The Parking team will include two uniformed police officers for Sunday morning services beginning between 9:00 am and 12:00 pm and for other events where the Church expects parking lots on the Church premises and at Bank of the Ozarks and Iberia Bank to be substantially filled with Church Patrons. One officer shall be stationed at the traffic signal at Wedington Drive and North Salem Road and the second officer shall 1 April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page of 46 Exhibit "A" page5of8 be stationed at the intersection north of Iberia Bank where Chevaux Drive turns north into the Chevaux complex. Other Events: The Parking team will Include one uniformed police officer at other events when Measures are in effect, who shall be stationed at the traffic signal at Wedington Drive and North Salem Road. A volunteer will be stationed at the intersection north of Iberia Bank where Chevaux Drive turns north into the Chevaux complex. Volunteers: Volunteers are expected to be properly trained, courteous, on time, and to execute this Plan in accordance with written and oral instructions from the Volunteer Parking Coordinator and the Lead Police Officer. MEASURES: Traffic Flow: Traffic exiting the Church lot and the shared lots at Bank of the Ozarks, Iberia Bank, and Arvest will be routed onto North Salem Road, except for a right turn only lane onto Wedington Drive at the west exit of the Church lot. All other direct exits from these lots onto Wedington Drive will be blocked. Access to Chevaux Court Condiminiums: Parking Team members stationed at the intersection of Chevaux Drive and North Salem Road and at the point where Chevaux Drive turns north into the Chevaux Condominiums shall manage traffic flow so as to prevent Church Patrons from parkng on Chevaux Drive and to provide expedited access to and from Chevaux Condominiums. Designated Parking Spaces: Only approved and designated parking spaces will be used on the Church premises and on the shared lots at Bank of the Ozarks, Iberia Bank, and Arvest (no parking in Drive Through or ATM lanes, exits, etc). Parking on the shared lots shall also be in accordance with the Shared Parking Agreements. Position Responsibilities: The Volunteer Parking Coordinator and a police officer or other person with substantial experience with parking and traffic control shall develop and maintain a written description of responsibilities and instructions for each position where Parking Team members will be stationed, and shall see that all Parking Team members are properly trained. April 23, 2012 Planning Commission ADM 124062 Cross Church Agenda Item 3 Page 8 of 46