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HomeMy WebLinkAbout2011-05-09 - Agendas - FinalPlanning Commission Planning Commissioners Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting May 9, 2011 William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins Jeremy Kennedy A meeting of the Fayetteville Planning Commission will be held on May 9, 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 • Update on City Council Decisions from 1st Quarter 2011 Consent: 1. Approval of the minutes from the May 2, 2011 meeting. New Business: 2. CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for outdoor music in the parking lot which requires a conditional use permit for Use Unit 35, Outdoor Music, and a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Planner: Andrew Garner 3. CUP 11-3790: Conditional Use Permit (2356 N. COLLEGE/MONTES, 329): Submitted by CHRIS SHIRLEY for property located at 2356 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.61 acre. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Planner: Dara Sanders 4. RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to DC, DOWNTOWN CORE. Planner: Dara Sanders 5. RZN 11-3805: Rezone (FALLING WATERS, 685): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located EAST OF DEAD HORSE MOUNTAIN ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 05-1635 and contains approximately 136.70 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to R -A, RESIDENTIAL AGRICULTURAL. Planner: Andrew Garner 6. RZN 11-3806: Rezone (WOODBURY, 137): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located SOUTH OF ZION ROAD AND EAST OF TALIESIN LANE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190 and contains approximately 11.66 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Dara Sanders 7. RZN 11-3807: Rezone (CHAMPIONS CLUB CONDOS, 599): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the SOUTHWEST CORNER OF RAZORBACK ROAD AND 15TH STREET, EAST OF THE CROWNE APARTMENT. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 07-2551 and contains approximately 4.42 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to UT, URBAN THOROUGHFARE. Planner: Andrew Garner 8. RZN 11-3808: Rezone (WESTSIDE STORAGE, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at 1192 RUPPLE ROAD. The property is zoned I-PZD, INDUSTRIAL PLANNED ZONING DISTRICT 08-3062 and contains approximately 5.05 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to R -O, RESIDENTIAL OFFICE. 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. aye evi e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 3, 2011 PC Meeting of May 9, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for outdoor music in the parking lot which requires a conditional use permit for Use Unit 35, Outdoor Music, and a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Planner: Andrew Garner THE APPLICANT IS IN THE PROCESS OF MODIFYING THEIR REQUEST TO ADDRESS CITY STAFF'S CONCERNS. STAFF RECOMMENDS THAT THIS ITEM BE TABLED UNTIL THE MAY 23, 2011 PLANNING COMMISSION MEETING. G:IETCIDevelopment Services Review120111Developmenl Reviewil 1-3811 CUP 339 N West Ave. Ste 3 (Rock BottoW nnln ? 2iinvg imission Commissian105-09-20111Comments and Redlines a RZN 11-3811 Rock Bottom Agenda Item 2 Page 1 of 2 May 9, 2011 Planning Commission RZN 11-3811 Rock Bottom Agenda Item 2 Page 2 of 2 Wt!; levllie THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 3, 2011 PC Meeting of May 9, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-3790: Conditional Use Permit (2356 N. COLLEGE/MONTES, 329): Submitted by CHRIS SHIRLEY for property located at 2356 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.61 acre. The request is for approval of a shared parking agreement. Planner: Dara Sanders BACKGROUND: Property description and history: The subject property is zoned C-2, Thoroughfare Commercial and is located south of the College Avenue and Township Street intersection. The 0.61 acre site is developed for the La Huerta restaurant at 2356 North College Avenue and has direct access to the commercial properties to the north and south due to the significant area of open pavement at this location, as shown in the attached aerial image. The surrounding land use and zoning are indicated in Table 1. Table 1 Surroundine Land Use and Zonin Direction Land Use Zoning North Gentleman's Club C-2, Thoroughfare Commercial South Eating place and retail C-2, Thoroughfare Commercial East The Summit and detention pond RSF-4, Residential Single-family 4 duiacre West Strip Commercial and Gas Station C-2, Thoroughfare Commercial Request: The applicant proposes to construct a patio addition to the north side of the restaurant, which requires an additional 11 parking spaces, for a total of 41 required off-street parking spaces. There are currently 30 off-street parking spaces on the subject property. The applicant requests Planning Commission approval of a shared parking agreement to utilize a gravel parking area behind the building at 2334 and 2332 North College Avenue, immediately adjacent to the south of La Huerta. Public Comment: Staff has received no public comment. G: I ETCIDevelopment Services Review120101Development Review110-3711 CUP 2920 W. Martin Luther King Blvd Geno's Pizza103- Planning Commission101-10-111Comments and Redlines May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 1 of 16 RECOMMENDED MOTION: Staff recommends approval of CUP 11-3790 with the following conditions of approval: Conditions of Approval: 1. This shared parking agreement is between the applicant and the adjacent property owner. Should either of the uses or the ownership on these two sites change the shared parking agreement and the conditional use permit shall be rendered null and void. 2. The applicant shall obtain a building permit prior to the construction of the patio addition. A copy of the executed shared parking agreement shall be submitted prior to the issuance of a building permit. PLANNING COMMISSION ACTION: Required YES ❑ Approved Motion: Second: Vote: Date: May 9, 2011 ❑ Tabled ❑ Denied FUTURE LAND USE PLAN DESIGNATION: Urban Center Area 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically 0.ULLIVLILcu lV pa 011 Uy L11G LG1113J Vl L311J 4 3 3 0.11141. 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 hail iony with the purpose and intent of this chapter. C. Procedures. 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 G: IETCIDevelapment Services Review120101Development Review110-3711 CUP 2920 W. Martin Luther King Blvd Geno's Pizza103- Planning Commission101-10-111Comments and Redlines May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 2 of 16 stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for a shared parking agreement to utilize 11 off-site parking spaces. 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 required filing fee has been paid. 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 §172.05(C)(3)(d) and §172.06(C) to grant a conditional use permit to allow shared and off-street parking that can not be provided on the same lot as the principal use due to existing buildings, but not more than 600 feet distant. (b) That the granting of the conditional use will not adversely affect the public interest. Finding: The applicant proposes to provide a majority of their required parking on- site (33 out of 41 required automobile parking spaces will be onsite), and to utilize a shared parking agreement with the adjacent property to the south for the remaining 9 parking spaces required. A copy of this shared parking agreement has been attached to this staff report. Staff finds that with this shared parking agreement and the existing on-site parking adequate parking for the restaurant willbe provided. Employees or customers o,f the restaurant can easily walk from the adjacent parking lot to the subject property. The proposed shared and off-site parking meet the intent of the ordinance and will not adversely affect the public interest. (c) The Planning Commission shall certify: (i) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this conditional use request. (ii) That satisfactory provisions and arrangements have been made concerning the following, where applicable: G:IETCIDevelopment Services Review120101Development Review110-3711 CUP 2920 W Martin Luther King Blvd Geno's Pizzal03- Planning Cmnmissionl01-10-111Comments and Redlines May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 3 of 16 (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; Finding: The proposed shared parking on the adjacent site is easily accessed for a pedestrian going to the restaurant as the sites are directly adjacent to one another. Staff fmds that the shared parking site is suitable and safe for pedestrians walking to or from the restaurant. (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: As discussed in finding 3(b) staff fmds that off-street parking is adequate for the proposed use. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: Solid waste service is already provided on the site, but the patio addition will require a modification to this service. The applicant shall coordinate with the Solid Waste Department to discuss the change to service. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities are currently provided to the property. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: The proposed patio addition does not meet the 25% expansion threshold established in Chapter 166.14, Commercial Design and Development Standards, that would require screening between the commercial and residential uses. (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: No change to the existing signage is proposed at this time. Any future G:IETCIDevelopment Services Review120101Development Review110-3711 CUP 2920 W. Martin Luther King Blvd Geno's Pizza103- Planning Commission101-10-111Comments and Redlines May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 4 of 16 proposed signage shall be approved separately by a sign permit application. (g.) Required yards and other open space; and Finding: The subject property is a nonconforming property, as the existing structure encroaches into the rear setback. Board of Adjustment approval of a variance request to bring the structure into compliance may be required. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff fmds that the proposed shared parking agreement would be compatible. With exception of the adjacent residential development, the surrounding properties are commercial and this site is located along a busy commercial corridor. The parking area for the subject property and the adjacent properties to the north and south are all interconnected. Patrons of the La Huerta restaurant that must park in a shared parking space will have direct and safe access to the building. G:IETCIDevelapment Services Review120101Development Review110-3711 CUP 2920 W. Martin Luther King Blvd Geno's Pizzer03- Planning Commission101-10-111Comments and Redlines May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 5 of 16 FAYETTEVILLE UNIFIED DEVELOPMENT CODE 172.05 Standards For The Number Of Spaces By Use (C) Off-street parking. (d) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (i) Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (ii) Shared parking agreements. If a privately owned parking facility is to serve two or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (iii) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time. 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A) Permitted locations by right. Parking lots shall be located within the same zoning district as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted locations as a conditional use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off-site locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. G:IETCIDevelopment Services Review120101Development Review1/0-3711 CUP 2920 W. Martin Luther King Blvd Geno's Pizzal03- Planning Commission101-10-111Comments and Redlines May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 6 of 16 FAYETTEVILLE UNIFIED DEVELOPMENT CODE 172.05 Standards For The Number Of Spaces By Use (C) Off-street parking. (d) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (i) Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (H) Shared parking agreements. If a privately owned parking facility is to serve two or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (Hi) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time. 172.06 Parking Lot Location Standards The location of all required and nonrequired parking lots with five (5) or more spaces shall meet the location requirements below. All conditional uses hereunder shall be granted by the Planning Commission in accordance with Chapter 163, governing applications of conditional uses; procedures. (A) Permitted locations by right. Parking lots shall be located within the same zoning district as the use they serve. Required parking lots for uses allowed by right within a zoning district are allowed as a use by right in the same zoning district. (B) Permitted locations as a conditional use. (1) Parking lots located within residential zones which serve uses in nonresidential zones may be allowed as a conditional use by the Planning Commission. (2) Parking lots for uses allowed as conditional uses within residential zones must also be approved as a conditional use. A conditional use for a parking lot may be approved at the same time the use is approved or may be approved separately if additional parking lots are developed later. The Planning Commission shall make a finding based upon the size, scale, and location of these activities that the proposed parking lot will not adversely affect adjacent residential uses or the residential character of the neighborhood. (C) Off-site locations. If off-street parking cannot be provided on the same lot as the principal use due to existing buildings or the shape of the parcel, parking lots may be located on other property not more than 600 feet distant from the principal use, subject to conditional use approval by the Planning Commission. May 9, 2011 G:IETCIDevelopment Services Review120101Development Review110-3711 CUP 2920 W. Martin Luther King )Blvd Genoliletisaing.3COYffailitgon Commission10/-/0-//IComments and Redlines RZN 11-3790 Montes Agenda Item 3 Page 7 of 16 Ozarcfiitecture Inc. Chris Shirley, RA 1999 Van Hoose Drive Fayetteville. Ar. Date: 4/1 8/1 1 To: Fayetteville Planning Board Fayetteville, Arkansas RE: Proposed outdoor dining area and additional parking requirement for: La Huerta Mexican Restaurant 2356 N. College Ave. Fayetteville, Arkansas Parking Requirements La Huerta wishes to create a new outdoor dining Patio / Porch area attached to the North side of the building of approximately 1,095 s.f. Construction shall be primarily stained or painted wood with ornamental metal or wood trim and detailing. Additional exterior lighting shall match existing ornamental lighting located on the building. The existing parking is more than adequate for the existing restaurant. The new patio will require an additional 11 parking spaces to accommodate the increased number of customers. The Owner has made legal provision for new spaces with the Owner of the adjacent property directly South of La Huerta. A minimum of 11 spaces are provided for, with an additional 20 spaces available if needed. Please refer to the attached Site Plan for further information. Thank You Chris Shirley, Architect T: (479) 442-9259 C: (479) 233-1573 May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 8 of 16 Arkansas Commercial Lease Agreement This Commercial Lease Agreement ("Lease") is made and effective February 1, 2008, by and between L.B. Granata, Inc dba Ozark Lanes ("Landlord") and Jalisco Group, Inc dba La Huerta Mexican Restaurant ("Tenant"). Landlord is the owner of land and improvements commonly known and numbered as 2300 N. College Avenue, Fayetteville, Arkansas 72703 Landlord makes available for lease a portion of the parking lot designated as the Northeast portion of the lot adjoining the Tenant's property (the "Leased Premises"). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning February 1, 2008 and ending January 31, 2010. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Notice of intent to renew lease or to vacate premises is void without 60 -day notices by and to the relevant parties. 2. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of $4800.00 per year, payable in installments of $400.00 per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at 2300 N. College Avenue, Fayetteville, Arkansas 72703 or at such other place designated by written notice from Landlord or Tenant. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be $4800.00 per year payable in installments of $400.00 per month unless renegotiated by Tenant and Landlord. 3. Use Tenant shall use the Leased Premises for the purposes of parking cars belonging to customers of their adjoining restaurant. 4. Sublease and Assignment. Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary efforts to keep the Leased Premises Free of debris and trash. The Tenant and Landlord agree to divide the cost of resurfacing the potholes in the asphalt of the Leased Premises equally if a reasonable estimate is obtained. May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 9 of 16 6. Insurance Tenant agrees to add Landlord to its commercial insurance policy as additional insured for the use of the Leased Premises and provide a Binder to L.B. Granata, Inc dba Ozark Lanes. 7. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 8. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 9. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 10. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Tommy Granata c/o L.B. Granata, Inc 168 Harmon Rd Springdale, AR 72762 If to Tenant to: Meliton Montes c/o Jalisco Group, Inc 2315 College Ave Fayetteville, AR 72703 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 10 of 16 11. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 12. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 13. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lesser of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 14. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 15. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 16. Governing Law, This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Arkansas. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. Landlord Tenant May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 11 of 16 3 2 New Pelio Addition for: cele Noway, RA him<Nre, rn<. May 9.2$i'tt— g gg LA HUERTA MEXICAN RESTAURANT 415 N. DIXIELAND RD Planningrg:71ten ROOERS.AR FAYEITEVILLE. ARKANSAS 1475233.1573 RZN 11 11-ang,,Mtgotee Agenda Item 3 Page 12 of 16 CUP11-3790 Close Up View MONTES Legend UP11-3790 Muti-Use Trail xistin Future Trails C-2 1 ,,tFootprints 2010 Hillside -Hilltop Ove i_- _! Design Overlay Di Design Overlay Di Planning Area Fayetteville rlay District strict strict 0 75 150 300 450 600 Feet May 9, 2011 aiming Ctn., wn RZN 11-3790 Montes Agenda Item 3 Page 13 of 16 PSH RIVATE 1927 AMOLR4O9 ASH ST RSFI NS a 'CS Overview Legend Subject Property ® CUP 11-3790 Boundary 0 0.25 0.5 11-3790 ii CUP Design Overlay District t-; Planning Area Fayetteville 1 M iles May 9,2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 14 of 16 CUP11-3790 Current Land Use MONTES 1 RETAIL MOTEL VACANT RETAIL SUBJECT PROPERTY RETAIUCOMMERCIAL RETAIUCOMMERCIAL „Footprints 2010 Hillside -Hilltop Ov Design Overlay Di Design Overlay Di Planning Area Fayetteville rlay District .trict .trict 0 75 150 300 450 600 Feet May 9, 2011 RZN 11-3790 Montes Agenda Item 3 Page 15 of 16 May 9, 2011 Planning Commission RZN 11-3790 Montes Agenda Item 3 Page 16 of 16 'Neville ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of May 9, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: April 27, 2011 RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to DC, DOWNTOWN CORE. Planner: Dara Sanders BACKGROUND: Property Description and History: The subject property consists of approximately 1.01 acres located within the Downtown Master Plan on the block between Center Street and Mountain Street, adjacent to College Avenue. The site is developed for a temporary parking lot and a vacant building. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundinu Zoning and Land Use Direction Land Use Zoning North Restaurant and dance hall DC, Downtown Core South Federal Courts Building DC, Downtown Core East The Old Washington County Courthouse DC, Downtown Core West Retail, restaurant, and condominiums MSC, Main Street/Center History: In 2005, prior to the adoption of the Downtown Master Plan, the Planning Commission and City Council approved C-PZD 05-1610 to establish zoning criteria and development rights for an 18 - story structure to include a hotel, condominiums, retail/tenant space, conference rooms, a ballroom, a restaurant and bar, and a 7 -story parking garage. In 2006, the Planning Commission granted a one-year extension for the issuance of building permits to development the site as approved to expire on December 20, 2007. The property owner did not obtain building permits before the extended deadline, and the City Council approved a request to permit and extension for a period of three years to expire on December 18, 2010. Construction permits for the project were not obtained and the C-PZD approval has expired. PZD Revocation: If an approved PZD expires the property does not automatically revert back to the original zoning. The property is unable to be developed or subdivided until the old PZD zoning is May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 1 of 14 revoked and a new, valid zoning district is assigned. In an effort to establish a valid zoning district on the subject property the City Planning Division has initiated the PZD revocation process following the requirements Fayetteville Unified Development Code Chapter 166.06(C). An initial letter was sent to the property owners on October 21, 2010 notifying them of the expired PZD, discussing options for establishing a valid zoning district, and the intent of the City to revoke the PZD and rezone the property if the owners did not initiate a rezoning. On April 7, 2010 the City Planning Division sent an official PZD revocation letter to the property owner via certified mail notifying them that the City Planning Division was proposing to revoke the PZD and rezone the property to DC, Downtown Core. The section of the Fayetteville Unified Development Code covering PZD revocation and copies of letters sent to the property owners are attached to this report. Proposal: The City Planning Division proposes to rezone the subject property from C-PZD 05-1610 to DC, Downtown Core. Public Comment: Staff has not received public comment on this request. RECOMMENDATION: Staff recommends forwarding RZN 11-3804 (East Square Development) to the City Council with a recommendation for approval based on the findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: May 9, 2011 ❑ Tabled D. Forwarded ❑ Denied Motion: Second: ' " Vote: CITY COUNCIL ACTION: Required YES ❑ Approved Date: ❑ Denied CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as the Downtown Master Plan Area. A primary guiding policy of the Downtown Master Plan is to achieve a mixture of uses in a highly walkable environment with an urban fabric that allows for downtown living and creates a series of intimate public spaces and streetscapes. May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 2 of 14 INFRASTRUCTURE: Streets: The site has access to Mountain Street and College Avenue. College Avenue is an improved four lane State Highway in this location. Mountain Street is also an improved paved two lane city street along this property frontage. Water: Public water is available to the property. There is 6" water main along Mountain Street and Center Street. There is an 8" main along College Avenue. Public water main improvements may be necessary to provide adequate fire flow for a future development. Sewer: Sanitary sewer is available to the site. There is an 8" public main located along College Avenue and along the alley to the west of this site. A capacity analysis of the existing sewer mains may be necessary at the time of development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain and the Streamside Protection Zones. Police: Staff did not receive objections from the Police Department to this rezoning. Fire: The Fire Department does not feel that this request will affect calls for service or response times. 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: Staff finds that the DC zoning district is consistent with the Downtown Master Plan and the existing and surrounding land uses and infrastructure. This site is the core of the City and the surrounding land uses and zoning districts allow for most intense development form permitted in the Unified Development Code. The proposed DC zoning would be consistent with the existing urban character of Downtown Fayetteville. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is needed at this time as the existing C-PZD zoning has expired and the property is unable to developed in any manner, including minor applications such as a lot split or single family residence, until the expired PZD zoning is revoked and a new zoning district is assigned. As discussed in Finding May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 3 of 14 No. 1, the proposed zoning is justified as it is compatible with the surrounding zoning and land uses and consistent with the City's Downtown Master Plan, and staff finds that the DC zoning district is the most comparable established zoning district that is most similar to the uses and intensity permitted in the C-PZD. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed rezone would not increase traffic congestion. While the uses proposed in the C-PZD are listed as permitted uses in the proposed zoning district, the maximum of 12 stories in the DC zoning district is much lower than the 18 stories approved in the expired planned 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 and are included in this report. The proposed zoning change to DC should have no discernable impact on 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: Not applicable. Staff recommends in favor of the request. May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 4 of 14 tu 1- in Nth H OMF WJ1{1 � ttt111��1 r; N iu2 ttc 220 II 1i nd 4N 3t mix JLLo; f Z V E NN W VI $11 RI H7pp 2 9 to s u 8 5 z 8 In L 8 g ▪ a m v u V▪ ie L ussNm k_g o hi sr0 Ei s• ou 8°v sg2-0-1—R0 Wo mm -52= off" O0a 20O=.Cp IVtt1VNfVtr14Nt91-u-(A.Ifa& (F) 11EIGNT RESTRICTIONS. Sixteen story height limit (G) BUILDING AREA: 100% of the site May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 5 of 14 PROPOSED ZONING 161.23 Downtown Core (A) Purpose. Development is most intense, and land use is densest in this zone. The downtown core is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. For the purposes of Chapter 96: Noise Control, the Downtown Core district is a commercial zone. (B) Uses (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings . Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Note: Any combination of above uses is permit ed upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 29 Dance Halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) (D) (E) Density. None. Bulk and area regulations. None. Setback regulations. Front The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center line of an alley 12 ft. (F) Minimum buildable street frontage. 80% of lot dth. (G) Height regulations. Maximum height is 12 stories or 168 feet which ever is less. (Ord. 5028, 6-19-07; Ord. 5029, 6-19-07; Ord. 5195, 11-6-08; Ord. 5312, 4-20-10) May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 6 of 14 166.06 Planned Zoning District (PZD) (L) Revocation. (1) Causes for revocation as enforcement action. The Planning Commission may recommend to the City Council that any PZD approval be revoked and all building or occupancy permits be voided under the following circumstances: (a) Building permit. If no building permit has been issued within the time allowed. (b) Phased development schedule. If the applicant does not adhere to the phased master development plan schedule as stated in the approved development plan. (c) Open space and recreational facilities. If the construction and provision of all common open spaces and public and recreational facilities which are shown on the final plan are proceeding at a substantially slower rate than other project components. Planning staff may report the status of each ongoing PZD at the first regular meeting of each quarter, so that the Planning Commission is able to compare the actual development accomplished with the approved development schedule. If the Planning Commission finds that the rate of construction of dwelling units or other commercial or industrial structures is substantially greater than the rate at which common open spaces and public recreational facilities have been constructed and provided, then the Planning Commission may initiate revocation action or cease to approve any additional final plans if preceding phases have not been finalized. The city may also issue a stop work order, or discontinue issuance of building or occupancy permits, or revoke those previously issued. (2) Procedures. Prior to a recommendation of revocation, notice by certified mail shall be sent to the landowner or authorized agent giving notice of the alleged default, setting a time to appear before the Planning Commission to show cause why steps should not be made to totally or partially revoke the PZD. The Planning Commission recommendation shall be forwarded to the City Council for disposition as in original approvals. In the event a PZD is revoked, the City Council shall take the appropriate action in the city clerk's office and the public zoning record duly noted. (3) Effect. In the event of revocation, any completed portions of the development or those portions for which building permits have been issued shall be treated to be a whole and effective development. After causes for revocation or enforcement have been corrected, the City Council shall expunge such record as established above and shall authorize continued issuance of building permits. May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 7 of 14 ENGINEERING COMMENTS: RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres. The request is to rezone the subject property to DC, DOWNTOWN CORE. Planner: Dara Sanders Public water is available to the property. There is 6" water main along Mountain Street and Center Street. There is an 8" main along College Avenue. Public water main improvements may be necessary to provide adequate fire flow for a future development. Sanitary sewer is available to the site. There is an 8" public main located along College Avenue and along the alley to the west of this site. A capacity analysis of the existing sewer mains may be necessary at the time of development. The site has access to Mountain Street and College Avenue. College Avenue is an improved four lane State Highway in this location. Mountain Street is also an improved paved two lane city street along this property frontage. Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain and the Streamside Protection Zones. RZN 11-3805: Rezone (FALLING WATERS, 685): Submitted by Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the EAST OF DEAD HORSE MOUNTAIN ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 05-1635 and contains approximately 136.70 acres. The request is to rezone the subject property to R -A, RESIDENTIAL AGRICULTURAL. Planner: Andrew Gamer Public water is available to the property. There is 6" water main along Dead Horse Mountain Road. Public water main improvements may be necessary to provide adequate fire flow for a future development. Sanitary sewer is available to the site. There is a 12" public main located along Dead Horse Mountain Road. Public sewer may need to be extended into the property to serve future development on this property. The site has access to Dead Horse Mountain Road. Dead Horse Mountain Road is an un improved two lane City street in this location. Street improvements will be evaluated at the time of development of this property. Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain and the Streamside Protection Zones. May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 8 of 14 Fir eville THE CITY OF FAYETTEVILLE, ARKANSAS FIRE DEPARTMENT 303 West Center Street Fayetteville, AR 72701 P (479) 575-8365 F (479) 575-6477 Zoning Review To: Dara Sanders From: Terry Lawson, Fire Marshal Date: May 3, 2011 Re: RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres. The request is to rezone the subject property to DC, DOWNTOWN CORE. Planner: Dara Sanders This development will be protected by Engine 1 located at 303 W. Center St. It is 1 mifes from the station with an anticipated response time of 2 minutes to the beginning of the development. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Lbti��. wt�. Fayetteville Fire Department vervarraweuuvererwetssuevue awavvevu,svaarrauvereuesswwwues saes T lecornmunicarlon, Device for the Dcar TDD (479) 521-1316 11.9 West Mountain Fayette May 9, 2011 Planning Commission RZN 11-3804 East Square Development Agenda Item 4 Page 9 of 14 RZN 11-3804 Close Up View EAST SQUARE DEVELOPMENT MEADOW ST SUBJECT PROPERTY -= ENT CENTER ST MOUNTAIN ST MOUNTAIN ST ROCK ST "Footprints 2010 Hillside -Hilltop Ov Ell Design Overlay Di Design Overlay Di Planning Area Fayetteville rlay District .trict .trict 0 75 150 300 450 600 rviay §, X011 • RZN 11-3804 East Square Development Agenda Item 4 Page 10 of 14