HomeMy WebLinkAbout2007-11-13 - Agendas - FinalTayelteyi;le
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Tuesday, November 13, 2007, 5:30 p.m.
Room 219, City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chair
B. Presentation of Staff Report
C. Public Comment
D. Presentation of request — Applicant
E. Questions & Answer with Commission
F. Action of Planning Commission (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. Please keep
your comments brief, to the point, and relevant to the agenda item being considered so that everyone
has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning
Commission.
2007 Planning Commissioners
Jill Anthes
Lois Bryant Matthew Cabe
James Graves Porter Winston
Audy Lack Christine Myres
Alan Ostner Sean Trumbo
WeAyifle
TENTATIVE AGENDA
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
TUESDAY, NOVEMBER 13 2007, 5:30 p.m.
Room 219, City Administration Building
PLEASE NOTE DAY CHANGE FOR THIS MEETING DUE TO HOLIDAY
The following items will be considered:
Consent:
1. Approval of the minutes from the October 22, 2007 Planning Commission meeting.
2. ADM 07-2818: (STEELE CROSSING BUSINESS PARK): Submitted by McClelland Consulting
Engineers, Inc. The request is to extend the approval of the Preliminary Plat, PPL 06-2280, for one year.
Planner: Andrew Garner
3. ADM 07-2819: (THE SHOPPES AT SHILOH): Submitted by McClelland Consulting Engineers,
Inc. The request is to extend the approval of the Large Scale Development, LSD 06-2278, for one year.
Planner: Jesse Fulcher
4. ADM 06- 2820: (UNIVERSITY CLUB CONDOMINIUMS PZD): Submitted by Dave Chapman.
The request is to extend the approval of the Residential Planned Zoning District, R-PZD 06-2191, for one
year. Planner: Andrew Garner
5. ADM 06- 2831: (6TH AND WOOD PZD): Submitted by Mike McDonald. The request is to extend
the approval of the Residential Planned Zoning District, R-PZD 06-2169, for one year.
Planner: Andrew Garner
6. VAC 07-2761: (ROETZEL, 370): Submitted by MIKE AND JULIE ROETZEL for property located
at 1626 E. CYPRESS, LOT 46 OF CHARLESTON PLACE SUBDIVISION. The property is zoned RSF-
4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.09 acres. The request is to vacate a
portion of a utility easement. Planner: Dara Sanders
7. CCP 07-2798: (THE VILLAGE AT SHILOH, 519): Submitted by CRAFTON, TULL, SPARKS &
ASSOC. for property located at SHILOH ROAD, 2/3 MILE N OF HWY.62 AND I-540. The property is
zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 18.09 acres. The
request is to divide the subject property into two tracts of 4.8 and 13.29 acres.
Planner: Andrew Garner
8. CCP 07-2769: (CMN BUS. PARK II PHASE III, 172-211): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at THE NE CORNER OF VAN ASCHE AND GREGG
AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately
33.18 acres. The request is to create Lot 19A, 9.15 acres and Lot 19B, 5.69 acres and Lot 19C, 16.17 acres.
Planner: Jesse Fulcher
Old Business:
9. CUP 07-2753: (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property located at
540 EAST HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE
and contains approximately 1.79 acres. The request is for a tandem lot. Planner: Dara Sanders
10. LSP 07-2744: Lot Split (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property
located at 540 E. HUNTSVILLE RD The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE
and contains approximately 1.79 acres. The request is to divide the subject property into 3 tracts of 1.40,
0.18, and 0.21 acres. Planner: Dara Sanders
New Business:
11. CUP 07-2775: (KEENAN, 295): Submitted by DAVE JORGENSEN for property located at 3845
SKILLERN RD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE
and contains approximately 3.00 acres. The request is for a tandem lot. Planner: Andrew Garner
12. LSP 07-2618: (KEENAN, 295): Submitted by JORGENSEN & ASSOC for property located at 3845
SKILLERN ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER
ACRE and contains approximately 3.00 acres. The request is to divide the subject property into two tracts
of 1.52 and 1.31 acres and dedicated r -o -w. Planner: Andrew Garner
13. VAC 07-2758: (BITTLE, 332): Submitted by ALAN REID for property located at 2455 E. GENTLE
OAKS LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.73 acres. The request is to vacate a portion of a utility easement.
Planner: Andrew Garner
14. RZN 07-2782: (SWEETSER, 566): Submitted by DAVE JORGENSEN for property located at 2220
E. HUNTSVILLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.95 acres. The request is to rezone the subject property to R -O, Residential Office.
Planner: Andrew Garner
15. RZN 07-2781: (DANDY/LEVERETT&NORTH, 405): Submitted by H2 ENGINEERING, INC. for
property located at 1/4 MILE N OF NORTH ST ON THE E SIDE OF LEVERETT. The property is zoned
1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 0.55 acres. The request is to
rezone the subject property to RMF -24, Residential Multi -family, 24 units per acre.
Planner: Jesse Fulcher
16. CUP 07-2780: (MANSFIELD / GREEN ACRES RD., 368): Submitted by KEITH KESTNER for
property located at GREEN ACRES RD., W OF 2175 N. COLLEGE AVE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.21 acres. The request is for an off-site
parking lot. Planner: Dara Sanders
17. R-PZD 07-2763: (SKATE PLACE II, 366): Submitted by 112 ENGINEERING, INC. for property
located at 646 W. SYCAMORE STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT
INDUST and contains approximately 1.08 acres. The request is for Zoning, Land Use and Development
review of a Residential Planned Zoning District with 3 buildings with 5 units each for a total of 15 units
and associated parking. Planner: Dara Sanders
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All
interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72
hour notice is required. For further information or to request an interpreter, please call 575-8330.
a
e
a ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 13, 2007
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 6, 2007
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 07-2818: Administrative Item (STEELE CROSSING BUSINESS PARK): Submitted
by McClelland Consulting Engineers, Inc. The request is to extend the approval of the
Preliminary Plat, PPL 06-2280, for one year.
Planner: Andrew Garner
BACKGROUND
Property Description: The subject tract is Lots 8 and 14 of the CMN Business Park II, Phase I Final
Plat. These lots are located at the northeast comer of Steele Boulevard and Van Asche Drive.
Background: The original Preliminary Plat was approved by the Planning Commission on October
23, 2006. The approval was for a commercial subdivision with 5 commercial lots ranging in size
from 1.7 acres to 7.35 acres. The reason that the construction of the project has been delayed is due
to the current instability of commercial and residential markets.
Proposal: The applicant requests to extend the approval of the Preliminary Plat for one year, to
expire on October 23, 2008. The Planning Department received the applicant's extension request on
October 12, 2007, within the required one year time limit. Should this extension be granted, all
permits are required to be issued before the one-year extended deadline. If the permits are not issued
prior to October 23, 2008, all of the approved plans for the project shall be rendered null and void.
RECOMMENDATION
Planning Staff recommends approval of ADM 07-2818, the requested extension to the PPL 06-2280,
with the following conditions:
1. The applicant shall be allowed until October 23, 2008 to receive all permits and approvals
required by City, State, and Federal regulations to start construction of the development or
project. If all permits have not been received by this time, the Preliminary Plat approval shall
be revoked.
2. All other conditions of approval for the preliminary plat shall remain applicable.
K:Report120071PCReportsll1-13-071ADM 07-2818 (Steele Crossing Business Park Extensionidoc
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 1 of 12
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning
Commission authority to extend approval of a large scale development one additional year from the
original approval. In order to extend this approval, the applicant must: (1) request the extension
prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be
completed within the normal one year. If the one year extension is granted, it is within this time that
the applicant shall receive all permits and approvals as required by City, State, and Federal
regulations to start construction of the development or project.
(1) The applicant has submitted the extension request to the Planning Division on October 12,
2007, prior to the one year time limit ending on October 23, 2007.
(2) The applicant has stated that the current instability of the commercial and residential markets
has delayed this project, but that they plan to move forward in the near future.
PLANNING COMMISSION ACTION:
❑ Approved
Motion:
Second:
Vote:
Meeting Date November 13, 2007
❑ Denied 0 Tabled
The "Conditions of Approval" listed in the report above are accepted in total without exception by
the entity requesting approval of this development item.
Signature Date
K IReports120071 PC Reports111-13-071ADM 07-2818 (Steele Crossing Business Park Extension).doc
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 2 of 12
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this
section apply to all of the following plans
and permits:
(I) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(4) Large-scale developments;
(5) Lot splits;
(6) Physical alteration of land permits;
(7) Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10) Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above -
enumerated plans and permits are
conditioned upon the applicant
accomplishing the following tasks within
one (1) year from the date of approval:
(a) For any renovation or new
construction, receive a building
permit; and/or,
(b) For a lot split, record a deed or
survey at the Washington County
Circuit Clerk's Office,
stamped for recordation by the City
Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and approvals
required by City, State, and Federal
regulations to start construction of
the development or project.
(2) Extensions. Prior to the expiration of the
one ( I ) year time limit, an applicant may
request the Planning Commission to
extend the period to accomplish the tasks
by up to one (1) additional year. The
applicant has the burden to show good
cause why the tasks could not reasonably
be completed within the normal one (I)
year limit.
Expiration. If the required task(s) are not
completed within one (1) year from the
date of approval or during an allowed
extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant completing
the project and receiving final inspection
approval and/or a final Certificate of
Occupancy permit within three (3) years
from the date of issuance of a Building
Permit.
(2) Extensions. Prior to the expiration of the
three (3) year time limit, an applicant may
request the Planning Commission to
extend the three (3) year period to
complete the project by up to two (2)
additional years. The applicant has the
burden to show good cause why the
project could not reasonably be completed
within the three (3) year time limit.
(3) Expiration. If the applicant fails to meet
the requirements of subsection (C)(1)
within three (3) years from the date of
issuance of a Building Permit or during an
allowed extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
K:IReports120071PC Reports)' 1-13-071ADM 07-2818 (Steele Crossing Business Park Extension,i.doc
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 3 of 12
AtfcCLEL
ND
JfL'E
CONSULTING
ENGINEERS, INC.
/DESIGNED TO' SERVE
1810 N. College Avenue
P.O. Box 1229
Fayetteville, Arkansas 72703 / 72702-1229
PHONE: 479-443-2377
FAX 479.443-9247
October 12, 2007
City of Fayetteville Planning Division
Attention: Mr. Andrew Gamer, Senior Planner
125 West Mountain Street
Fayetteville, AR 72701
RE: PPL 06-2280: Steele Crossing Business Park, 173
Mr. Gamer,
We would like to extend the approval of PPL 06-2280: Steele Crossing Business Park,
173 for an additional year. The original PPL was approved by the City of Fayetteville on
October 23, 2006.
Due to the current instability of the commercial and residential markets, the progress of
the development has been delayed. We hope to proceed with construction drawings /
engineering review of PPL 06-2280 in the near future with a minimum of modifications
from the original PPL.
Please let me know if you have any questions/concerns, or need any additional
information regarding this extension to the approved PPL.
MMorgan(a,,McClelland-eners.com
443-2377
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 4 of 12
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of October 23, 2006
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: October 19, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PPL 06-2280: Preliminary Plat (STEELE CROSSING BUSINESS PARK, 173): Submitted
by MCCLELLAND CONSULTING ENGINEERS for property located at THE NORTHEAST
CORNER OF STEELE BOULDEVARD AND VAN ASCHE DRIVE. The property is zoned C-
2, THOROUGHFARE COMMERCIAL and contains approximately 22.75 acres. The request is
for 5 commercial lots ranging in size from 1.7 to 7.35 acres.
Property Owner: Steele Crossings Investment
Planner: Andrew Garner
Findings:
Property Description and Background: The subject tract is Lots 8 and 14 of the CMN Business
Park II, Phase I Final Plat. These lots are located at the northeast corner of Steele Boulevard and
Van Asche Drive. As shown on Table 1, the property is zoned C-2 and surrounded by office
buildings to the west and south across the adjacent streets, and undeveloped commercial lots to
the north and east.
Table 1
Surrounding Land Use and Zonin
Direction from Site
Land Use
Zoning
North
Mud Creek/Undeveloped commercial lot
C-2
South
Kerschner Office Building
C-2
East
Undeveloped commercial lot
C-2
West
Steele Plaza Office Building (under construction)
C-1
The site is vacant and contains approximately 22.75 acres, 19% of which is under tree canopy,
the remaining area is grassland and wetland riparian habitat adjacent to Mud Creek. Mud Creek
traverses east - west through northern Fayetteville and is located along the northern and eastern
boundaries of this property. This creek is a deed restricted area and is federally regulated and
monitored. Development of this property is subject to the requirements of the deed restricted
area and 404 wetlands permit, and the Final Plat requirements for CMN Business Park.
K:1Reports120061PC Reports110-23-061PPL 06-2280 (Steele Business Park).doc
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 5 of 12
Proposal: The applicant requests preliminary plat approval for a commercial subdivision with 5
commercial lots ranging in size from 1.7 acres to 7.35 acres. A 28' wide public street would
traverse through the property between Van Asche Drive and Steele Boulevard.
Right-of-way being dedicated: Right-of-way for Van Asche Drive and Steele Boulevard was
dedicated with the CMN Business Park Final Plat. Fifty feet (50') right-of-way for the interior
street would be dedicated to the City.
Street Improvements.: Staff is not recommending any street improvements with this subdivision
as surrounding and adjacent streets have been recently constructed to the City's Mater Street
Plan standards. At the time of development within this subdivision staff anticipates an
assessment for a traffic signal at the intersection of Steele Boulevard and Van Asche Drive.
Additionally, though not shown at this time, the developer may want to consider adding turn
lanes at the intersection of the proposed street and Steele/Van Asche, to minimize future
disturbance to the street.
Adjacent Master Street Plan Streets: Steele Boulevard, Principal Arterial; Van Asche Drive,
Collector.
Parkland Dedication: Parkland dedication is not applicable for commercial development. The
Mud Creek multi -use trail is located on the north side of Mud Creek adjacent to this property.
Tree Preservation:
Existing canopy:
Preserved canopy:
Required:
Mitigation:
19%
17 %
15%
Not required.
Connectivity: The property is bound to the north by existing wetlands and Mud Creek, to the
west by Steele Boulevard, and to the south by Van Asche Drive. Vehicular connectivity to the
east is the only feasible option and will be evaluated at the time of development of the eastern
portion of this subdivision. Internal connectivity between the lots will be required where feasible
and will be reviewed at the time of development of individual lots. Shared curb cuts are
expected to occur between developments.
Recommendation: Staff recommends approval of PPL 06-2280 with the following conditions
of approval:
Conditions of Approval:
1. The interior street shall be constructed as a 28' street with curb, gutter, storm drainage,
and a 6' sidewalk on both side, in a 50' right-of-way dedicated to the City
2. Sidewalks shall be installed or guaranteed in accordance with Ch. 158.01 prior to final
plat approval.
3. The sidewalks shall be continuous through the driveways. The sidewalk needs to be at an
X: IReporIs120061PC Repons110-23-061P1-1 06-2280 (Steele Business Park).doc
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 6 of 12
elevation 2% above the top of curb. The grades shown for the driveways do not meet this
requirement.
4. As this subdivision is developed a traffic signal assessment is anticipated for the
intersection of Van Asche Drive/Steele Boulevard.
5. Cross -access and shared driveways between lots within the subdivision shall be provided,
where practical, to ensure safety and convenience of traffic movement between
developments.
6. Ingress/egress from private curb cuts onto Steele Boulevard and Van Asche Drive is
discouraged when possible, to ensure a minimum amount of turning movements are
created near this future signalized intersection of Van Asche Drive/Steele Boulevard.
Access shall utilize the interior street whenever possible.
7. Street lights shall be installed with a maximum separation of 300 feet along all streets
prior to final plat.
8. Development of this commercial subdivision is subject to the requirements of the CMN
Business Park II, Phase I, Final Plat.
9. The developer of the preliminary plat shall employ an environmental specialist to insure
that the spirit and letter of the 404 wetlands permit from the U.S. Army Corp of
Engineers will be complied with during construction. Written documentation verifying
implementation of this condition shall be provided to Engineering staff prior to issuance
of a grading permit, and a post -construction update with submittal of the Final Plat
application. Developers of each individual lot are also required to comply with this
condition.
10. All proposed development including individual lot development shall at minimum
comply with the standards and specifications set forthin the Unified Development Code.
Individual developments shall utilize design elements (e.g., building colors, materials,
features, landscaping, etc.) to achieve compatibility, a sense of unity, and a recurring,
identifiable theme within the commercial subdivision as a whole.
11 Each individual lot shall process a Large Scale Development for Planning Commission
approval, prior to development.
12. Subdivision area signage shall be permitted in accordance with applicable city codes. No
structures, including area signage, shall be erected within utility easements unless
otherwise approved by utility companies.
13. The label for the centerline of Steele Boulevard is located in the northbound lanes, and
should be moved to the center of the road on the plat.
Tree Preservation Conditions:
14. The applicant has chosen the Tree Preservation for entire Subdivision option available to
K:I Reports120061PC Reporls110-23-061PPL 06-2280 (Steele Business Park).doc
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Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 7 of 12
non-residential subdivisions. This requires the development to preserve at least the
minimum required canopy (15%) and establish it into a Tree Preservation Area. As the
separate lots come through the large scale development process, they will not be required
a separate Tree Preservation plan.
15. Staff has approved the applicants request for the option to preserve trees for the entire
subdivision. The trees found on the site marked for removal are in poor shape and are
less desirable species. Staff feels that after attempts are made to preserve these trees their
survivability and longevity would be short.
16. The 17% tree canopy preserved shall be set into a Tree Preservation Area on the Final
Plat. This takes away all development rights from the land and ensures preservation.
Please add the Tree Preservation Area signature block to the Final Plat.
17. A note must be added to the Final Plat that states the lots of this plated subdivision are
exempt from the requirements set forth by Chapter 167 Tree Preservation and Protection.
Standard Conditions of Approval:
18. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
19. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with City's
current requirements.
20. All street names shall be approved by the 911 coordinator.
21. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
22. Preliminary Plat approval shall be valid for one calendar year.
23. All new exterior lighting shall comply with the City's lighting ordinance.
24. Additional conditions:
a.
b.
c.
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ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 8 of 12
PLANNING COMMISSION ACTION: yes Required
Approved
Motion:
Second:
Vote:
Date: October 23, 2006
Denied Forwarded to Planning Commission
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
K: IReports120061PC Reporrs110-23-061PPL 06-2280 (Steele Business Park).doc
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Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 9 of 12
PPL06-2280
Close Up View
STEELE BUSINESS PARK
Overview
Legend
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November 13, 2007
Planning Commission
;18 Steele Crossing Business Park
Agenda Item 2
Page 10 of 12
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November 13, 20
Planning Commissi
i1SSteele Crossing Business Pa k
Agenda Item
Pa90 11 of
November 13, 2007
Planning Commission
ADM 07-2818 Steele Crossing Business Park
Agenda Item 2
Page 12 of 12
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 13, 2007
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current PIanning
DATE: November 6, 2007
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 07-2819: Administrative Item (THE SHOPPES AT SHILOH): Submitted by
McClelland Consulting Engineers, Inc. The request is to extend the approval of the Large Scale
Development, LSD 06-2278, for one year.
Planner: Jesse Fulcher
BACKGROUND
Property Description: The subject property is located at the northeast corner of Gregg Avenue and
Shiloh Drive and is zoned C-2 Thoroughfare Commercial.
Background: The original Large Scale Development was approved by the Planning Commission on
November 27, 2006 for the construction of an 18,750 sq. ft. retail building with 84 parking spaces.
The reason that the construction of the project has been delayed is due to the current instability of
commercial and residential markets.
Proposal: The applicant requests to extend the approval of the Large Scale Development for one
year, to expire on November 27, 2008. The Planning Department received the applicant's extension
request on October 16, 2007, within the required one year time limit. Should this extension be
granted, all permits are required to be issued before the one-year extended deadline. If the permits are
not issued prior to November 27, 2008, all of the approved plans for the project shall be rendered
null and void.
RECOMMENDATION
Planning Staff recommends approval of ADM 07-2819, the requested extension to the LSD 06-2278,
with the following conditions:
1. The applicant shall be allowed until November 27, 2008 to receive all permits and approvals
required by City, State, and Federal regulations to start construction of the development or
project. If all permits have not been received by this time, the Large Scale Development
approval shall be revoked.
2. All other conditions of approval for the Large scale development shall remain applicable.
K: IReports120071PC Reporis111-13-07IADM 07-2819 (The Shoppes at Shiloh Eatension).doc
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Planning Commission
ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
Page 1 of 14
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning
Commission authority to extend approval of a large scale development one additional year from the
original approval. In order to extend this approval, the applicant must: (1) request the extension
prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be
completed within the normal one year. If the one year extension is granted, it is within this time that
the applicant shall receive all permits and approvals as required by City, State, and Federal
regulations to start construction of the development or project.
(1) The applicant has submitted the extension request to the Planning Division on October 16,
2007, prior to the one year time limit ending on November 27, 2007.
(2) The applicant has stated that the current instability of the commercial and residential markets
has delayed this project, but that they plan to move forward in the near future.
PLANNING COMMISSION ACTION:
0 Approved
Motion:
Second:
Vote:
Meeting Date November 13, 2007
0 Denied 0 Tabled
The "Conditions of Approval" listed in the report above are accepted in total without exception by
the entity requesting approval of this development item.
Signature Date
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Planning Commission
ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
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CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this
section apply to all of the following plans
and permits:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Preliminary plats;
Planned zoning district developments;
Conditional uses;
Large-scale developments;
Lot splits;
Physical alteration of land permits;
Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10) Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above -
enumerated plans and permits are
conditioned upon the applicant
accomplishing the following tasks within
one (1) year from the date of approval:
(a) For any renovation or new
construction, receive a building
permit; and/or,
(b) For a lot split, record a deed or
survey at the Washington County
Circuit Clerk's Office,
stamped for recordation by the City
Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and approvals
required by City, State, and Federal
regulations to start construction of
the development or project.
be completed within the normal one (1)
year limit.
Expiration. If the required task(s) are not
completed within one (1) year from the
date of approval or during an allowed
extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant completing
the project and receiving fmal inspection
approval and/or a final Certificate of
Occupancy permit within three (3) years
from the date of issuance of a Building
Permit.
(2) Extensions. Prior to the expiration of the
three (3) year time limit, an applicant may
request the Planning Commission to
extend the three (3) year period to
complete the project by up to two (2)
additional years. The applicant has the
burden to show good cause why the
project could not reasonably be completed
within the three (3) year time limit.
(3)
Expiration. If the applicant fails to meet
the requirements of subsection (C)(1)
within three (3) years from the date of
issuance of a Building Permit or during an
allowed extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
(2) Extensions. Prior to the expiration of the
one (1) year time limit, an applicant may
request the Planning Commission to
extend the period to accomplish the tasks
by up to one (1) additional year. The
applicant has the burden to show good
cause why the tasks could not reasonably
K:IReports12007IPC Report011-13-07IADM 07-2819 (The Shoppes at Shiloh Extension).doc
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Planning Commission
ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
Page 3 of 14
mce McCLELLAND
CONSULTING
ENGINEERS, INC.
1810 N. College Avenue
P.O. Box 1229
Fayetteville, Arkansas 72703 /72702-1229
PHONE: 479-443-2377
FAX: 479-443-9241
October 16, 2007
City of Fayetteville Planning Division
Attention: Mr. Jesse Fulcher
125 West Mountain Street
Fayetteville, AR 72701
RE: LSD 06-2278 : The Shoppes at Shiloh, 211
Mr. Fulcher,
We would like to extend the approval of LSD 06-2278: The Shoppes at Shiloh, 211 for
an additional year. The original LSD was approved by the City of Fayetteville on
November 27, 2006.
Due to the current instability of the commercial and residential markets, the progress of
the development has been delayed. We hope to proceed with construction drawings /
engineering review of LSD 06-2278 in the near future with a minimum of modifications
from the original LSD.
Please let me know if you have any questions/concerns, or need any additional
information regarding this extension to the approved LSD.
Sincerely
Michael G. M'r;an
McClelland Consulting Engineers, Inc-
MMorgan@,McClelland-engrs.com
443-2377
November 13, 2007
Planning Commission
ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
Page 4 of 14
ayLeviile
/ ARKANSAS
PC Meeting of November 27, 2006
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November --2-1r2-006 Updated November 22, 2006
LSD 06-2278: Large Scale Development (THE SHOPPES AT SHILOH, 211): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at THE NE CORNER OF
GREGG AND SHILOH. The property is zoned C-2, THOROUGHFARE COMMERCIAL and
contains approximately 3.09 acres. The request is for a single story, 18,750 s.f retail facility
with associated parking.
Planner: Jesse Fulcher
Findings:
Property & Proposal: The subject property is located at the northeast corner of Gregg Avenue
and Shiloh Drive and is zoned C-2 Thoroughfare Commercial. There is currently a single-family
structure on the property with associated accessory structures. The owners are proposing a
18,750 sq. ft. retail building with 84 parking spaces. Three curb -cuts are proposed, two onto
Gregg Avenue and one onto Shiloh Drive. Surrounding Land Use and Zoning is depicted in
Table 1.
Discussion: The requested Large scale development was tabled at the October 12 2006
Subdivision Committee meeting based on a recommendation by City staff and concerns by the
Subdivision Committee members. The main concerns with the project were the number and
location of the proposed curb -cuts, specifically how they would function in close proximity to
the intersection of Gregg Avenue and Shiloh Drive, both of which are minor arterials.
Additionally, the applicants were requesting multiple waivers from requirements of the Design
Overlay District concerning exterior greenspace and curb -cut separations.
The request was again tabled at the November 2, 2006 Subdivision Committee meeting based on
the same concerns expressed by both staff and Subdivision Committee members at the October
12, 2006 meeting.
The request was forwarded by the Subdivision Committee on November 16, 2006 due to the fact
that the issues/revisions that were itemized at the previous Subdivision Committee meetings had
been addressed. The remaining issues to address were specific to the requested waivers and
should be reviewed by the full Planning Commission for a final decision.
The revised plans have not changed the number or location of curb -cuts; however the applicants
have attempted to minimize the northern curb -cut on Gregg Avenue to discourage frequent use
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Agenda Item 3
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by motorists. The intended use of the drive is for truck delivery traffic and as an access to a
drive-thru on the west side of the building. It is not the intent of the applicants to have the
northern drive service a great deal of vehicular traffic, however they maintain it is necessary for
practical purposes.
Table 1 -Surrounding Land
Direction from Site
Land Use
0
Zoning
North
Residential
RSF-4
South
State right-of-way
NA
East
State right-of-way/Residential
RSF-4
West
Vacant
R -A
Right-of-way being dedicated: 45' from centerline for Shiloh Drive (State Highway) along the
project frontage by warranty deed, 45' from the centerline for Gregg Avenue.
Adjacent Master Street Plan Streets: Shiloh Drive (State Highway), a Minor Arterial; Gregg
Avenue, a Minor Arterial.
Water/Sewer: Water and sewer service is available to the proposed structure.
Tree Preservation: Existing Canopy: 26%
Preserved Canopy: 11%
Mitigation: Required in the amount of 25 (2) inch caliper, large
species trees.
Design Overlay District:
Greenspace:
Signage:
Curb Cuts:
The applicant has not complied with the 25'greenspace
requirement along all rights-of-way within the Design
Overlay District. A waiver has been requested and staff is
supportive.
No signs have been indicated on the plans. All signs shall
be permitted by a separate sign permit application, prior to
installation.
The applicant has not complied with the curb cut
requirements for a minimum of 250' from an intersection.
The applicant has not complied with the curb cut
requirements for a minimum of 200' between curb cuts. A
waiver has been requested from each requirement.
Lighting: A note has been added to the plat indicating compliance
with this requirement.
Exterior Appearance:
Elevations have been submitted for all four sides of the
building. Planning Commission determination of
architectural treatment of fronts, along with Commercial
Design Standards, is required.
Building Material: A materials sample board has been submitted for review.
/LIReporls120061PC Reports111-27-061LSD 06-2278 (The Shoppes at Shiloh).dac
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ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
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Site Coverage: The plat indicates site coverage in compliance with this
requirement.
Fencing: N/A
Outdoor Storage: N/A
Access: Pedestrian access from the street to the entrance of the structure by way of a
designated walk had been indicated on the site plan and is included as a condition of approval.
Four (4) bicycle racks within 50' of a public entry are to be provided for multi -modal access.
Three curb -cuts (two on Gregg, on one Shiloh) are proposed to provide access to the subject
property. The ingress/egress on Shiloh is proposed as a restricted right-in/right-out only, clearly
marked and signed in accordance with AHTD regulations. Staff is supportive of this restricted
access as noted in the conditions of approval.
The two curb -cuts on Gregg Ave. both require waivers, due to their proximity to the intersection
of Gregg and Shiloh and one another. The southern most entrance is proposed as a full access
curb -cut located approximately 194 feet from the intersection. Staff finds this to be an adequate
location, given the existing tum lanes that will help facilitate turning movements into and out of
the property. The northern curb -cut on Gregg is located approximately 99 feet from the southern
curb -cut; the minimum distance required in the Design Overlay District is 200 feet, which also
requires a waiver. Staff is not supportive of this proposed ingress only curb -cut, finding that the
creation of additional turning movements in the vicinity of the southern curb -cut and the
intersection will create additional danger for motorists in the area. Additionally, the circulation
proposed for the ingress curb -cut combined with a proposed drive-thru may create stacking
problems out onto Gregg Ave. Furthermore, vehicular traffic that enters the site and wishes to
utilize the drive-thru will have to exit the site onto Shiloh or Gregg to do so, instead of utilizing a
more logical interior means of circulation. Staff recommends removal of this curb -cut and re-
evaluating the one-way drive behind the building to provide ample access and stacking for the
proposed drive-thru, and to also allow interior circulation and reduce turning movements on
adjacent streets.
Recommendation: Staff recommends approval of LSD 06-2278 with the following conditions
of approval:
Conditions of Approval:
1. Planning Commission determination of Commercial Design Standards. Stafffinds that
elevations presented comply with Commercial Design Standards. However, within the
Design Overlay District all structures shall be architecturally designed to have front
facades facing all street and highway rights-of-way. Therefore, staff recommends that
additional articulation shall be shown on the west building face (the portion labeled as
stucco) to more resemble a front facade as has been designed with the south facade.
Additional articulation has been added to the east and west facades since the Subdivision
Committee meeting, however staff finds that west ,facade has not been sufficiently
addressed to meet the requirements for the Design Overlay District.
10/12/06 SUBDIVISION COMMITTEE: THE COMMISSIONERS FOUND THAT
ADDITIONAL ARTICULATION WAS NEEDED ON THE EAST AND WEST FACADES.
K: IReports120061 PC Reportsll l-27-061 LSD 06-2278 (The Shoppes at Shiloh).doc
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ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
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11/16/06 SUBDIVISION COMMITTEE: THE COMMISSIONERS FOUND IN FAVOR OF
THE REVISED ELEVATIONS.
11/27/06 PLANNING COMMISSION: THE COMMISSIONERS FOUND IN FAVOR OF
THE PROPOSED ELEVATIONS.
2. Planning Commission determination of street improvements. Staff recommends that
money in -lieu of construction of a 10' wide sidewalk/trail along the north side of Shiloh
Dr. be assessed in the amount of $16,032.00, to be constructed by the City of Fayetteville
in conjunction with the construction of Scull Creek Trail. Driveway ramps off Shiloh Dr.
shall be constructed to accommodate a future 10' sidewalk through the drive.
11/16/06 SUBDIVISION COMMITTEE: THE COMMISSIONERS FOUND IN FAVOR OF
THE PROPOSED STREET IMPROVEMENTS.
11/27/06 PLANNING COMMISSION: THE COMMISSIONERS FOUND IN FAVOR OF
THE RECOMMENDED STREET IMPROVEMENTS.
3. Planning Commission determination of requested waivers from Chapter 161.28 as
follows:
a. A waiver from the 250' separation between the intersection of Gregg and Shiloh and
the southern curb -cut.
Staff is supportive of a 56' waiver for the distance between the proposed southern curb -
cut and the intersection if no other access is permitted to Gregg Ave., finding that
sufficient separation has been provided from the intersection of Gregg Ave. and Shiloh
Dr. to maintain safe ingress and egress for vehicular traffic.
11/16/06 SUBDIVISION COMMITTEE: THE COMMISSIONERS FOUND IN FAVOR
OF THE REQUESTED WAIVER.
11/27/06 PLANNING COMMISSION.: THE COMMISSIONERS FOUND IN FAVOR OF
THE REQUESTED WAIVER.
b. A waiver from the 200' separation between the two proposed curb -cuts on Gregg
Avenue.
Staff is not supportive of a 101' waiver to allow a second curb -cut onto Gregg Ave. given
the close proximity to the southern curb -cut on Gregg Ave. and the amount of traffic in
the vicinity of the Gregg Ave. and Shiloh Dr. intersection, finding the interior circulation
and additional turning movements created on adjacent streets would compound a
dangerous traffic condition (see access findings in staff report).
11/16/06 SUBDIVISION COMMITTEE: THE COMMISSIONERS DID NOT REACH A
CONSENSUS REGARDING THE REQUESTED WAIVER.
11/27/06 PLANNING COMMISSION: THE COMMISSIONERS DID NOT FIND IN
FAVOR OF THE REQUESTED WAIVER.
c. A waiver from the 25' greenspace requirement along the right-of-way of Gregg
K:IReports12006IPC Reports111-27-061LSD 06-2278 (The Shoppes at Shiloh).doc
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Avenue and Shiloh Drive.
Sta f is supportive of a partial greenspace reduction along Gregg Avenue, finding that the
existing AHTD right-of-way is greater than that which is required by the City's Master
Street Plan and therefore a unique hardship on this property exists. Staff is supportive of
a proposal that provides a minimum of 25' of greenspace adjacent to the Master Street
Plan right-of-way, which is less than what is required by ordinance.
10/12/06: THE SUBDIVISION COMMITTEE WAS SUPPORTIVE OF A GREENSPAGE
WAIVER, FINDING THAT THE ADDITIONAL RIGHT-OF-WAY, WHICH IS ABOVE
WHAT IS REQUIRED BY THE MASTER STREET PLAN, WAS A VALID HARDSHIP
PLACED UPON THE PROPERTY. ADDITIONALLY, THE APPLICANTS WERE
PROVIDING LARGE AREAS OF GREENSPACE ALONG THE RIGHT-OF-WAY IN
OTHER LOCATIONS.
11/16/06 SUBDIVISION COMMITTEE: THE COMMISSIONERS FOUND IN FAVOR
OF THE REQUESTED WAIVER.
11/27/06 PLANNING COMMISSION: THE COMMISSIONERS FOUND IN FAVOR OF
THE REQUESTED WAIVER.
4. The curb -cut onto Shiloh Drive shall only be permitted if turning movements are
restricted specifically right in and right out only. Allowing east bound traffic on Shiloh
Dr. to turn north into the development would certainly create a dangerous traffic
condition, in staff's opinion.
5. Right-of-way dedication in the amount of 45' from centerline along Shiloh Drive and 45'
from centerline along Gregg Avenue by warranty deed is required prior to issuance of a
building permit.
6. Street lights are required to be installed every 300' along the property's frontage prior to
the issuance of a Certificate of Occupancy. The applicant shall show the location of all
existing and proposed street lights along Gregg Avenue and Shiloh Drive in the vicinity.
7. A combination permanent multi -use trail easement and tree preservation easement shall
be provided for the entire eastern part of the development from the floodway line east to
the property line as shown. Along with tree preservation language, the following
language for the multi -use trail easement shall be included on the plat:
a. A permanent multi -use trail easement is granted to construct, maintain, repair
and/or replace a multi -use trail together with trail appurtenances including
lighting for public access thereto, on, over, across, and through the described land
as shown on this plat.
8. Sidewalks shall be continuous through the driveways and shall be located at an elevation
2% above the top of the curb.
9. All existing driveway aprons shall be removed and the curb through the driveways shall
be replaced.
10. All proposed signs shall be permitted separately from the large scale development
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proposal by a Sign Permit application and Certificate of Zoning Compliance.
Tree Preservation Conditions:
11. Please contact the Urban Forester before any curb cuts are made onto Gregg Street so
opportunity is given for the relocation of the street trees in the right of way.
12. A Tree Preservation Area and Multi -Use Trail Easement will be dedicated for the entire
floodway on this site. This will remove all developmental rights from the site to ensure
tree preservation but also allow for the continuation of the Scull Creek Trail as identified
on the City of Fayetteville Alternative Transportation and Trail Plan.
13. Mitigation will be required on the site in the amount of 25 (2) inch caliper large species
trees. The applicant is requesting on-site mitigation. Mitigation trees can not be located
within utility easements. If all trees can not be located on the site, money in lieu will be
required before issuance of a building permit.
14. Before issuance of a final certificate of occupancy, a bond, letter of credit, or check in the
amount of $250 per on-site tree shall be deposited with the City of Fayetteville for a 3
year period.
Standard Conditions of Approval:
15. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives: AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
16. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with City's
current requirements.
17. Any required trash enclosure shall be screened with access not visible from the street.
The trash enclosures shall be constructed with materials that are complimentary to and
compatible with the proposed building. A detail of the proposed screening shall be
submitted and approved by the Planning Division prior to issuance of the building permit.
Any additional dumpsters located on site shall be screened from the right-of-way.
18. All mechanical/utility equipment (roof and ground mounted) shall be screened using
materials that are compatible with and incorporated into the structure. A note shall be
clearly placed on the plat and all construction documents indicating this
requirement.
19. All exterior lights shall be reviewed at the time of building permit submission for
compliance with the Outdoor Lighting Ordinance.
20. All existing utilities below 12kv shall be relocated underground. All proposed utilities
shall be located underground.
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ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
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21. Large scale development shall be valid for one calendar year.
22. Prior to building permit, a cost estimate for all required landscaping is to be submitted to
the Landscape Administrator for review. Once approval is gained, a guarantee is to be
issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of
the plants. This guarantee will be held until the improvements are installed and
inspected, at the time of Certificate of Occupancy.
23. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree protection
measures prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area
and all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing landscape plans including tree
preservation measures submitted to the Landscape Administrator.
24. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of
Installed Improvements" to guarantee all incomplete improvements. Further, all
improvements necessary to serve the site and protect public safety must be completed,
not just guaranteed, prior to the issuance of a Certificate of Occupancy.
Additional Conditions:
a.
b.
Planning Commission Action:
Motion: Anthes
Second: Myers
Vote: 7-0-0
Meeting Date: November 27, 2006
Approved ❑ Denied ❑ Tabled
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
KkReporIs120061PC Reports111-27-061LSD 06-2278 (The Shoppes at Shiloh).doc
November 13, 2007
Planning Commission
ADM 07-2819 the Shoppes at Shiloh
Agenda Item 3
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LSD06-2278
Close Up View
THE SHOPPES AT SHILOH
Overview
Legend
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ID
— 100 YEAR --- LIMIT OF STUDY
— — - Baseline Profile
O Fayetteville
lJ Outside City
gla 15006-2278
vector.GDB.Footpnnt 2004
MS Hillside-Wlltop Overlay Distnct
0 75 150 300 450 600
Feet
November 13, 2007
Planning Commission
DM 07-2819 the Shoppes at Shiloh
Agenda Item 3
Pa.e 12 of 14
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November 13, 2007
Planning Commission
iKa:11407-2819 the Shoppes at Shilon
AGO Agenda Item 3
baa 13 f14
November 13, 2007
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ADM 07-2819 the Shoppes at Shiloh
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