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HomeMy WebLinkAbout2012-05-29 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting May 29, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on Tuesday May 29, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the May 14th meeting. Old Business: 2. ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Submitted by RAYMOND MONTEZ for property located at 4170 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to modify CUP 06-2284 to allow an interior expansion to the existing restaurant space. Planner: Jesse Fulcher 3. PPL 12-4099: Preliminary Plat (S.W. CORNER OF SALEM & WEIR RD./HOLCOMB HEIGHTS SD, 245): Submitted by JORGENSEN AND ASSOCIATES for property located at the SOUTH WEST CORNER OF SALEM AND WEIR ROAD (HOLCOMB HEIGHTS SUBDIVISION). The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 19.24 acres. The request is to replat the existing residential subdivision from 68 into 78 single family lots. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED UNTIL JUNE 11, 2012. New Business: 4. ADM 12-4143: Administrative Item (555 W. MAPLE ST./555 MAPLE, 484): Submitted by MODUS STUDIO for property located at 555 WEST MAPLE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.96 acres. The request is for a modification to the approved LSD 11-3977 Project Canada/555 Maple to change the building height. Planner: Quin Thompson 5. ADM 12-4130: Administrative Item (1637 W. DEANE ST./DEANE STREET COTTAGES, 365): Submitted by APPIAN DESIGN GROUP for property located at 1637 WEST DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acre. The request is for the removal of Condition of Approval #7 from CUP 12-4023. Planner: Andrew Garner 6. ADM 12-4145: Administrative Item (OFF-SITE IMPROVEMENTS/DELAYS REFUND PROJECT): Submitted by CITY STAFF, requesting the Planning Commission to refund various delayed off-site improvement contributions related to projects that have not occurred nor are going to occur in the foreseeable future. Staff: Jeremy Pate The following items have been approved administratively by City staff: LSP 12-4082: Lot Split (4944 W. PERSIMMON ST./LHC FELLOWSHIP, 437): Submitted by JORGENSEN AND ASSOCIATES for property located at 4944 WEST PERSIMMON STREET. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains a total of 3.99 acres. The request is to divide the subject property into two tracts of approximately 1.99 and 2.00 acres. Planner: Andrew Garner 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 14, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: April 9 and 23, 2012 ACTION TAKEN Approved VAC 12-4102: Vacation (1000 W. STONE ST./FHS, 522): Approved Page 3 ADM 12-4128: Administrative Item (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Page 3 Approved New Business: ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Page 4 Tabled LSD 12-4104: Large Scale Development (800 W. MAPLE ST./KAPPA HOUSE, 444): Page 5 Approved PPL 12-4099: Preliminary Plat (S.W. CORNER OF SALEM & WEIR RD./HOLCOMB HEIGHTS SD, 245): Page 7 Tabled CUP 12-4097: Conditional Use Permit (4618 N. COLLEGE AVE./MAE FARM, 096): Page 8 Approved RZN 12-4108: Rezone (4847 W. WEDINGTON DR./BANK OF WYNNE, 438): Page 9 Forwarded R-PZD 12-4079: Residential Planned Zoning District (N.W. CORNER OF W. CLEVELAND ST. & HALL AVE./PROJECT CLEVELAND, 443): Page 10 Forwarded May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 1 of 12 MEMBERS PRESENT Craig Honchell William Chesser Tracy Hoskins Sarah Bunch Ryan Noble Kyle Cook Porter Winston Blake Pennington STAFF PRESENT Andrew Garner Jesse Fulcher Glenn Newman Chris Brown Jeremy Pate ASSISTANT CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Matthew Cabe 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Commissioner Cabe were present. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 2 of 12 Consent: VAC 12-4102: Vacation (1000 W. STONE ST./FHS, 522): Submitted by CRAFTON TULL AND ASSOCIATES, INC. for property located at 1000 WEST STONE STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately 22.57 acres. The request is to vacate a utility easement and right-of-way. ADM 12-4128: Administrative Item (CMN BUSINESS PARK, LOT 9A/ACADEMY SPORTS, 173): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 9A, CMN BUSINESS PARK. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 14.53 acres. The request is for a variance of the minimum curb -cut separation and to allow a wider driveway entrance and curb radius for delivery truck traffic. Motion: Commissioner Cook pulled ADM 12-4114 from the consent agenda then made a motion to approve the other two items on the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 3 of 12 New Business: ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Submitted by RAYMOND MONTEZ for property located at 4170 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to modify CUP 06-2284 to allow an outdoor patio to be added to the existing restaurant space. Jesse Fulcher, Current Planner, gave the staff report. Public Comment: Steve Wilkes, property owner to the north, discussed that he is opposed to the expansion of the restaurant with people using their driveway to turn around, and other issues. Gretchen Wilkes, property owner to the north, is opposed to the proposal. She discussed that zoning exists for a reason. She discussed that they were here first. No more public comment was presented. Ray Montez, applicant, discussed his project, indicating that there will not be issues with his customers leaving with beer bottles, etc. as mentioned as a concern by the neighbors to the north. Commissioner Honchell asked if the Wilkes' driveway is shared with this business. Gretchen Wilkes responded that it is not a shared driveway but that people mistakenly turn down it. Commissioner Hoskins discussed Mr. Montez's other businesses that are well run. He asked staff how far away the restaurant and patio are from the neighbor's property. Garner estimated several hundred feet away. Motion: Commissioner Hoskins made a motion to approve ADM 12-4114 as recommended by staff. Commissioner Chesser seconded the motion. Commissioner Winston discussed that he will not be able to support this request as he has not been able to tour the site. Upon roll call the motion failed with a vote of 4-4-0 (commissioners Honchell, Cook, Winston, and Bunch voting `no'). Motion: Commissioner Hoskins made a motion to table ADM 12-4114 to the next meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 4 of 12 New Business: LSD 12-4104: Large Scale Development (800 W. MAPLE ST./KAPPA HOUSE, 444): Submitted by THOMAS WALKER for property located at 800 WEST MAPLE STREET. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 1.16 acres. The request is for expansion of the existing sorority house and parking lot. Andrew Garner, Senior Planner, gave the staff report. Thomas Walker, applicant, discussed the project. Public Comment: Greg Starling discussed the alley that provides access to his property and Kappa House. He discussed the need for a loading zone for Kappa House. No more public comment was presented. Commissioner Cook asked about the deliveries to Kappa House. Thomas Walker, applicant, discussed that the deliveries are made with a bobtail/box truck, not an 18 - wheeler. Commissioner Bunch asked about the location of the deliveries. Garner discussed the planning commission tour of the site and delivery location and potential improvements to the alley. Commissioner Winston asked about providing a wider area for a truck to pull off. Thomas Walker, applicant, discussed that they cannot lose any parking spaces. Commissioner Pennington asked about the delivery truck blocking the alley. Kit Williams, City Attorney discussed the legal issues and enforcement of blocking the alley. Thomas Walker, applicant, discussed that with this addition they are quadrupling their storage space and they will only have deliveries one time per week as opposed to multiple deliveries per week that they currently have. Commissioner Chesser asked about trucks pulling off the alley and damaging the private property owner's property. Williams discussed that issue can't be addressed here with this large scale development. Commissioner Chesser asked if staff would be comfortable working out a loading spot off of the alley as a condition of approval. Garner stated yes. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 5 of 12 Williams discussed that if such a condition is added to require a loading spot it should be clear that a variance of the landscaping/tree planting requirements is not included. That would require a separate review and determination. Motion: Commissioner Chesser made a motion to approve LSD 12-4104. Chesser added a condition of approval in his motion to read as follows: "An off-street loading berth shall be required to be provided on-site for the applicant's design vehicle. The details of the off-street loading berth design to be worked out with staffprior to construction permits. This requirement does not include a landscape variance." Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 6 of 12 PPL 12-4099: Preliminary Plat (S.W. CORNER OF SALEM & WEIR RD./HOLCOMB HEIGHTS SD, 245): Submitted by JORGENSEN AND ASSOCIATES for property located at the SOUTH WEST CORNER OF SALEM AND WEIR ROAD (HOLCOMB HEIGHTS SUBDIVISION). The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 19.24 acres. The request is to replat the existing residential subdivision from 68 into 78 single family lots. No staff report and no public comment were presented. Motion: Commissioner Chesser made a motion to table PPL 12-4099. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 7 of 12 CUP 12-4097: Conditional Use Permit (4618 N. COLLEGE AVE./MAE FARM, 096): Submitted by CYNTHIA HASELOFF for property located at 4618 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R -A, RESIDENTIAL- AGRICULTURAL and contains approximately 17.00 acres. The request is for a Conditional Use Permit to allow a permanent venue for temporary and seasonal events, and vending (Use Unit 20; fairgrounds). Andrew Garner, Senior Planner, gave the staff report. Cynthia Hasselhoff discussed the proposal and background of their farm. Commissioner Winston asked about the conditions of approval Hasselhoff requested that the events be allowed to run for a total of four days, not three days as recommended by staff. Commissioner Chesser asked staff if they were comfortable with four days. Garner stated yes. Motion: Commissioner Chesser made a motion to approve CUP 12-4097. In his motion to approve Chesser added the following conditions of approval: #10 "The events shall be limited in scope and nature to those described in the project description of the report". #11 "The events shall be limited to a total offour days (96 hours) per event." Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 8 of 12 RZN 12-4108: Rezone (4847 W. WEDINGTON DR./BANK OF WYNNE, 438): Submitted by BATES AND ASSOCIATES for property located at 4847 WEST WEDINGTON DRIVE. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT (R-PZD 07-2576 WOODSTOCK) and contains approximately 31.68 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RSF- 4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Andrew Garner, Senior Planner, gave the staff report. He discussed that because this is an expired PZD, the City Attorney advised staff and the planning commission to recommend a zoning district if they were not comfortable with the applicant's proposal. He indicated that staff does not feel comfortable with the applicant's request and because it is an expired PZD, would recommend it revert back to the zoning that was in place prior to the PZD, R -A, Residential Agricultural. Geoff Bates, applicant's representative, discussed the traffic on Wedington and that it was not feasible to have residential on Wedington. They feel like their proposal would be best. Public Comment: Misty Rogers, neighbor to the south of this site. She discussed non-residential services in this area are adequate. She asked about the definition of single family residence, where the entrance to the single family area would be, plans for a stoplight, what are the plans for the existing treeline, and would this allow the same as the previous Woodstock development. Garner addressed Ms. Rogers questions, discussing that most of the issues brought up would be related to a future development, and are not known at this time. Commissioner Cook asked about the previous Woodstock PZD and CS zoning. Garner explained the existing Woodstock plan versus the CS zoning, and the recent change in the future land use plan. If the Woodstock PZD were to come through again at this time, staff may not be supportive of it because of the change in the land use plan. Commissioner Honchell asked about legal issues of this piece of property being brought back all the way to R -A and future rezoning requests. Kit Williams, City Attorney, discussed that there should not be legal issues as a property owner could request another rezoning from R -A if they wish. However something needs to be done to establish a property zoning on this property. Motion: Commissioner Chesser made a motion to forward RZN 12-4108 with recommendation for R -A, Residential Agricultural zoning. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (commissioner Hoskins voting `no'). May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 9 of 12 R-PZD 12-4079: Residential Planned Zoning District (N.W. CORNER OF W. CLEVELAND ST. & HALL AVE./PROJECT CLEVELAND, 443): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the NORTHWEST CORNER OF WEST CLEVELAND STREET AND HALL AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE, and contains approximately 2.71 acres. The request is for zoning, land use and large scale development approval for a Residential Planned Zoning District with 122 multi -family dwellings. Jesse Fulcher, current planner, read the staff report. Seth Mims, applicant, stated that they were trying to create a walkable, urban development, designed to meet the goals of City Plan 2030. The project was aimed at collegiate housing for university workers and students. Most of the residents will walk or bike due to the proximity to campus, and due to the cost to park in another location on campus. The project has been modified greatly since the first submittal, and we have added in a pocket park and tree preservation areas that will be open to the public. We will use low impact development standards in the landscaped areas. The second traffic study that was just completed confirmed the findings of the first study. We will be installing 10' cross -walks at the intersections and included lights in the cross -walks for added visibility. We feel that this project provides an appropriate transition between the university and the neighborhood. The university is growing and new housing needs to be provided. This will also get students out of the existing neighborhoods, and reduce carbon emissions by reducing vehicle trips from those neighborhoods. The project will be LEED certified and will be safe housing, with secure parking in a traditional town form. Marty Matlock, neighbor, commended the developers for working with the community, but there are three main concerns; 1) safety at the street intersections with so many elementary students and existing problems with Cleveland Street; 2) the scale of the building is too much, there is already a transition provided by the existing apartment complex; and 3) they aren't providing an appropriate transition between land uses. Kenneth Garner, neighbor, stated that he owns 6 acres behind the houses on Hall Avenue. The addition of this development to the housing that will be provided in Reid and Hotz Halls when they are converted back into student housing, will ruin my quality of life. Maria Williams, neighbor, stated that more student housing isn't needed, and that there is already a transition provided by the existing apartment complex. Students won't have to drive to school, but they will drive to other locations. Janet McCullum, neighbor, stated that she doesn't see how raised intersections will help; they don't work on Block Street. How will emergency responders address this much density. There are only 421 parking spaces for 450 beds. On street parking shouldn't be allowed and overflow parking will end up on the elementary school property. There will also be more wrecks at Hall and Wedington, because you can't see west very well. Susan Gardner, neighbor, stated that she was opposed to the development; concerned with safety of pedestrians and smokers from campus. The 450 students that will live in the development will create too much traffic and the proposed street improvements will not help. Commissioner Chesser asked about the bedroom count per unit. Mims stated that there will be a mixture of bedroom counts. Commission Chesser asked if the traffic study looked at the times of trips. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 10 of 12 Planning Commission May 14, 2012 Page 11 of II Mims stated that the study did evaluate times throughout the day, including peak AM, peak school PM and peak PM times. Fulcher clarified where the level of service was being reduced. Commission Chesser stated that he lives in the neighborhood and will be walking a child to the elementary school as well. The on street parking will increase safety for pedestrians and reduce vehicular speeds. Supports the building design. Commissioner Honchell asked about the classification of Razorback Road. Chris Brown, City Engineer, stated that it is state HWY 112 up to Maple Street, and is a local street from there to Cleveland. Commission Honchell noted that it was a nice project and complimentary to future expansion in the area. Commissioner Winston asked about residents using the school property to park. Fulcher stated that the school was private property. Commission Winston asked about the amount of parking spaces. Mims described the parking spaces, scooter and bike spaces that will be provided. Fulcher read over the parking requirements for multi -family development and stated that this proposal was well within code requirements. Commission Winston stated that the project was appropriate, with increased density around the university, and that the street improvements will help with existing and projected traffic conditions. Commission Chesser discussed how the increased density, on -street parking, and street improvements will improve safety and reduce speeds. Commission Cook stated that the pedestrian and street improvements were good, and the climbing lane will be a benefit. The changes to the building height and size are an improvement. The existing zoning of the site is odd in this location. Hopefully, future multi -family development will not extend further beyond this site. The proposal is consistent with the future land use plan. Motion: Commissioner Honchell made a motion to forward R-PZD 12-4079 to the City Council with a recommendation for approval finding in favor of recommendations 1, 2, and 3, and all other conditions. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (Commissioner Pennington voting 'no' and Commission Cabe absent). There being no further business, the meeting was adjourned at 9:00 PM. May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 11 of 12 May 29, 2012 Planning Commission PC Minutes 5/14/12 Agenda Item 1 Page 12 of 12 'Faye..eylle THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 23, 2012 PC Meeting of May 29, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 12-4114: Administrative Item (4170 W. MARTIN LUTHER KING BLVD./MONTEZ, 595): Submitted by RAYMOND MONTEZ for property located at 4170 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.40 acres. The request is to modify CUP 06-2284 to allow an interior expansion to the existing restaurant space. Planner: Jesse Fulcher BACKGROUND May 14, 2012 Planning Commission Meeting: This item was tabled at the May 14, 2012 Planning Commission meeting because of concerns from an adjacent property owner to the north. The property to the north objected to the applicant's request to place an outdoor deck adjacent to their shared driveway and approximately 600 feet to the south of their residence. Changes in this staff report from the May 14th meeting to this meeting are shown in strikeout and underline Property Description and background: The subject property is located at 4170 W. Martin Luther King Boulevard (HWY 62) and is zoned R -O, Residential Office. In December 2004, the owner of the property requested to rezone the property from R -A to C-1 in anticipation of developing the property for retail use. Planning staff recommended denial of the proposal suggesting instead a zoning of R -O. The Planning Commission recommended and the City Council made the policy decision to rezone the property to R -O. On August 14, 2006, the Planning Commission considered and denied a second request to rezone the property C-1. The property owner's reason for the second request was in response to the several requests from retail businesses and restaurants to locate in this development. The Planning Commission raised concerns with rezoning the property to C-1 but did suggest that the applicant apply for a conditional use permit for restaurant so that items such as lighting, refuse service, noise, and hours of operation could be addressed. In October 2006 the Planning Commission approved a conditional use permit to allow an eating place (Use Unit 13) to occupy approximately 2,000 square feet of the overall 22,725 square feet G: IETCIDevelopment Services Review 120121Development Review112-4114 ADM 4170 MLK (Montez)107 Planning Cmnmission105-29- 20121Comments and Redlines May 29, 2012 Planning Commission ADM 12-4114 Montez Agenda Item 2 Page 1 of 12 development. This area is identified as the two units closest to Martin Luther King Boulevard within the western building. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North Single-family R -A, Residential Agricultural South Single-family/Ozark Smoke House R -A, Residential Agricultural/R-O, Residential Office East Undeveloped R -A, Residential Agricultural West Single-family residential R -A, Residential Agricultural Proposal: A new business is moving into the two tenant spaces previously approved for restaurant use. Approval for a change in business is not required. Tenant space '2' (see attached site plan) is predominantly kitchen and back of house space and tenant space '1' has seating for approximately 60 customers. The owners request is to allow an approximately 20' x 1d' outdoor seating arca to be constructed on the south side of the building, adjacent to Martin Luther King Boulevard. Because of input from the Planning Commission and an adjacent property owner at the May 14, 2012 Planning Commission meeting, the applicant has withdrawn their request for an outdoor deck for the restaurant, and modified their request to allow for an interior expansion of the restaurant into tenant space '3'. The expansion would be approximately 1,125 square feet, for a total of approximately 3,225 square feet of restaurant. A site plan showing the proposed restaurant area is attached. The applicant originally requested approval to expand into an addition 1,000 square foot tenant space, in addition to the outdoor seating. However, that request has been removed. The owner may Public Comment: Staff required that the applicant notify adjacent property owners and post a public notice sign. Staff has not received any public comment. At the May 14, 2012 Planning Commission meeting an adjacent property owner to the north of the subject development objected to the outdoor deck. They have also submitted email comments which are attached to this report. PARKING REQUIREMENTS (ORIGINAL DEVELOPMENT) Restaurant: 2,000 square feet (1 space/100 sq. ft. = 20 spaces) Professional Office: 20,725 square feet (1 space/300 sq. ft. = 70 spaces) Parking Required: 90 spaces Minimum Required: 63 spaces (30% reduction allowed by right in 2006) Parking Provided: 87 spaces RECOMMENDATION Staff recommends approval of the request to add approximately on the south side of the building adjacent to Martin Luther King Boulevard 1,125 square feet of interior restruant space inside the existing building for a total of approximately 3,225 square feet of restaurant space in this development. G:IETCIDevelapment Services Review120121Development Review112-4114 ADM 4170 MLK (Montez)107 Planning Commission105-29- 20121Commenls and Redlines May 29, 2012 Planning Commission ADM 12-4114 Montez Agenda Item 2 Page 2 of 12 Conditions of Approval: 1. Planning Commission determination of an expansion to the existing restaurant use. Staff supports the expansion, finding that a restaurant is an appropriate and compatible use on this property. 2. All conditions of approval from the original application, with the exception of the square footage allowance, shall remain in full force, and are as follows: a. Hours of operation for the restaurant use shall be restricted to 11 AM to 10 PM Monday through Thursday, 11 AM to 11 PM Friday through Saturday, and 11 AM to 9 PM on Sunday. b. All signage for the restaurant use shall comply with the requirements for signs within the R -O zoning district. c. Access for truck deliveries shall be restricted to the entrance into the parking area for the development; the private driveway adjacent to the west property line shall not be utilized for truck delivery as there is insufficient area for the vehicle to turn around and exit onto Martin Luther King Boulevard in a forward motion. d. No music shall be played that is audible exterior to the structure. Furthermore, the applicant shall comply with the requirements of the City of Fayetteville noise ordinance. e. All lighting shall comply with the City of Fayetteville Outdoor Lighting Ordinance. No additional building lighting than that planned for the overall development and approved with the building permit for the subject property shall be installed. 3. The applicant shall obtain a Fayetteville Business License prior to or within 60 days of opening for business. The business license approval is subject to review in accordance with all standard re.uirements includin• evaluation of .arkin• in com.liance with current code. Planning Commission Action: Motion: Hoskins Second: Chesser Vote: 8-0-0 Meeting Date: May 14, 2012 ❑ Approved 9 Denied X Tabled Planning Commission Action: Motion: Second: Vote: Meeting Date: May 29, 2012 9 Approved ❑ Denied ❑ Tabled G.9ETCIDevelopment Services Reriew120121Derelopment Review112-4114 ADM 4170 MLK (Montez)107 Planning Commission105-29- 20121Comments and Redlines May 29, 2012 Planning Commission ADM 12-4114 Montez Agenda Item 2 Page 3 of 12 Page 1 of 3 Cindy Monreal - Re: ADM 14-2114 From: Gretchen Wilkes <gwilkes@farmcards.org> To: <cmonreal@ci.fayetteville.ar.us> Date: 5/23/2012 10:02 AM Subject: Re: ADM 14-2114 Hi Cindy, Steve and I are very pleased that Mr. Montez has decided not to pursue his plan for outdoor seating. In response to your query about any concerns, mine are these: 1. Continuing to expand the commercial footprint of an RO complex will set a precedent for more of the same. 2. A larger commercial enterprise will mean increased traffic in an out of that complex and down our driveway. (A note: The speed limit on MLK is 55mph in front of Calypso Crossing. We find it is often dangerous to turn into and out of our driveway. An increased number of vehicles using that complex will exacerbate this situation.) 3. The possibility for an establishment that is more bar and less restaurant (see advertisement included in this e- mail) may be problematic. Thank you so much for communicating this news to us and for asking us about our concerns. If you could see that they are shared with the committee and the planner, that would be great. Best regards, Gretchen Wilkes On Wed, May 23, 2012 at 9:32 AM, Steve Wilkes <swilkes(lb,uark.edu> wrote: Steve Wilkes Director of Student Media 119 Kimpel Hall University of Arkansas Fayetteville, AR 72701 May 29, 2012 Planning Commission file://C:\Documents and Settings\cmonreal\Local Settings\Temp\XPgrpwise\4FBCB5414 Page 4 of 12 1.111ill;91 •nuwnc?I1 MMuv• 0ufino te Page 2 of 3 Fiesta Square 31161 N. College Fayetteville, Arkansas Fayetteville's finest Autlmntic Mexican Restaurant and Cantina welcome's Bikers mid ad to come join us 0 the finest Mexican food in town and all of NW Arkansas! Ride your Harley's or your peek -up trucks. Party en the Patel Live Entertainment' Fel ler S uric soecriel Welcome Bikers! Everydebit exials sod swig Mng. Remember, Rufino's Mexican Restaurant at Fiesta Square Shopping Center 3061 N. College Fayetteville, Arkansas 478-571-1800 We Nope To See You' 479-575-3887 I. lantord •IIOIJncv 11 MMIIY• May 29, 2012 Planning Commission file://C:\Documents and Settings\cmonreal\Local Settings\Temp\XPgtpwise\4FBCB5 ntla Ito1z a�131t2itf2 Page 5 of 12 Page 3 of 3 Begin forwarded message: From: Cindy Monreal <cmonrealna ci.favetteville.ar.us> Subject: Re: ADM 14-2114 Date: May 22, 2012 3:54:20 PM CDT To: Steve Wilkes <swilkes@uark.edu> Hi Steve, Thank you for your comments and thoughts on this project. Mr. Montez has requested a change to his CUP. He is pulling the request for a deck and is going to request a expansion inside. Do you still want me to hand out these letters to Planning Commission? Do you need to modify your concerns before I direct them to the planner? Thank you! Cin »> On 5/22/2012 at 3:22 PM, in message <2DC3BA2C-E757-4726-8674-E6AFCD2936B8@uark.edu>, Steve Wilkes <swilkestthuark.edu> wrote: Cindy, Would you please distribute this packet to the Planning Commissioners and Jesse Fulcher regarding ADM 12-4114? Thanks so much, Steve Wilkes Steve Wilkes Director of Student Media 119 Kimpel Hall University of Arkansas Fayetteville, AR 72701 479-575-3887 Gretchen Wilkes M.Ed Secondary Education National Board Certified Teacher/Early Adolescent Art Art Department Chaiiperson/Farmington Public Schools Art Insuvctor/Randall G. Lynch Middle School 479-266-1840 This message and any attached data is intended only for the named recipient and may contain confidential or privilege material. Any review, distribution, or any other unauthorized use of this information by persons or entities other than the intended recipient is prohibited. Iryou received this communication in error, please contact the sender and delete the material from any computer. May 29, 2012 Planning Commission file://C:\Documents and Settings \cmonreal\Local Settin s\Tem \XPgrPwise\4FBCB5 nda2:e %2'2 Page 6 of 12 etteville.al.us> U Re: ADM 12-4114 Administrative 1 Jesse Fulcher, >O m A-' Ea a b0 d C 0 z > ._1 r C 6 E = 0. = o o 0 = O E d 0 • = O = • O P. .0 0 on y= 0 O ▪ 0 T y N ✓ c Y z En C N 0.0 N 0.5 E = 0 00 co 0 • 'c .0 'y O 2 2 q E 0 0°,`o � c E N en ▪ a .§ • F o O 00 o c 0. 0 a o =- a A E o E c "E $ E o A9 Uto a. ng F T N EV Y r ' 0 - T T E 0 0 '22 8 A Heti E > c E= N T L o E >Y. c 0 = n V Aar O U L • 0t o n3 not O- g. 1 object to this request on these grounds. 00 E.0 0 N -O 2 i U O . _ 3 c E c ,=n ' s o c T s r 3 0 L., o 0 > t c 0 c ° = O E'`°-. 0U 0.T .O ° 3 E 0 o _ = E 0. O 39- a= a E O .0 O t r3= 7 U O O O 9 L q 2 E. '-' T N O 6 O' rt` 0 -c T' c o a 2. = o • c 0_ 0. el Ot 6 U O ' ° = !n 0 3 a o o _ N L L O U ='N y 0 L O ,F 3 -O TO0°m c .-. 2 m ; • o L. > c i o w • N c A O 1 s4 c D =x70.. 8a ° T • A it a, 62 Tu 0 C • bn c c c T 0 F- ' t —• O A UO C s a .5 C 0 T = O ` NL- m 3 a m ° 3 • 0, ' O ♦ a O O L L a) > ..o = C A L A 0 .25 3' 20 = 3 c en o0 o .. E o v o c F c Nt L- >,' y U .! O=0bn 'n L C U > 0 5. .is• = o�''y''c..o ry a 0 0. —L p] - c ! a o E A12 i =9 ._ a s n.5 0 0 = m .., 0 s y n '� A c>.? .o $ =0 oa"i E._ 3 iv E O a c 'en > .N -o 2 ° an m'N-' .2 L c = OD L 0 f? = - 'O H = _ en' ,E, .O "a c c o .. N `. O > > Q 0 N 6`_n C O O r O 0 O L 9 L L n4` c n o_ O O pad g - LT a E. A 4_8• 52 n.m 3 s ° c ^n C L aJ n eLi� 9 el E A d 0 3 o 3 o N op c 0 c o - c O 0 o = 0 4• 5 c N 0'a D 0 C' d q O. .�-. L p L O 3 ° L= y 3 3 a c 2 28 O m :03ai 'O 2 N A A U L 0- 7 0 v oL o ° 0 0- a $ O ' 9 0 O A E m.o 3 5i 0 2 `a P. o .-= -= c c,V c 0 iY 0. C 0 v' p. 2 .,- M T C O N q .09L. V a 0 w 0 9 3 0 o !I; 00O.p29T3NEt9fJv• yvfSV'-LvUi O Cu "uO0 o.9 o 8 0�-' 0 0 O.` t >. 72), r c 80, '2 .+.E Lo TN E H _ v ° ?ta in >m t -2E �E 2: Q u.D E = d�00>05 . ° Y 2E 20f2 y 2; Planning Commission ADM 12-4114 Montez Agenda Item 2 Page 7 of 12 To: Planning Staff RE: ADM 12-4114 Montez Dear Planning Staff; 1 would like to change my request from modifying CUP 06-2284 to allow outdoor patio to be allowed to expand my restaurant to unit 3, which is around 900 square feet. To use as a banquet location or private parties. you, Ray Montez 5.2 3 2&[2' May 29, 2012 Planning Commission ADM 12-4114 Montez Agenda Item 2 Page 8 of 12 I \ / --- -. --171151-116:8 OL S en 8B NW SE Res6t4 rare Elm -,5 �eSIAb1iA�1 I '5Q c2D' CLA- 5- kr . Reques\ for r ° N;}C,ckrawn TE 0 BY S MENT (NAGE ARAT PEND PLAIN INE ISDNt ELEV.•I22 SUMP E INSTALL NEW FH ASSEMBL'T (SEE DETAILS Op .00' U.E. wT Tia sr FTE- 33.50, re. II - . FFE=1233.50 19\ 8 41. DITCH ALL 6• IRRIGATION u 5. a B. DM A7 SMS 6. 775.54 y a� iM / — _�b.s%% ��?pt� I ,5.00 U.S,---73 DAIS �n•iRf ' / 2.ttI/ _ ili./ 11 1 �R P 141155.5 1 iYH� UD DHE. 'Met t � \t 4w)j��//DHE/i FTE=1 36. V T1 nn ED 5.1 A" Vao • -:,;30 . pe tc.. NCP�E% GN A� m51, . 30 :2' 1 INSTALL 100 L OF situ ENCASEMENT. DETAILS - anning "M hi 38.6 4148 4148 !slap )4:48 4148 ,h 4'!48 181 C12.155 50 75 100 ® Feet Planning Commission 1 ryf�{v1a 21`0 pz I. Agenda Item 2 NORTH Page 10 of 12 ADM12-4114 Close Up View MONTEZ SUBJECT PROPERTY DM 12-4114 Footprints 2010 Hillside -Hilltop Ov [_- _ I Design Overlay Di Design Overlay Di Planning Area rlay District . trict .trict 0 125 250 500 750 1.000 Feet May 29, 2012 Planning Commission ABM 12-4114 M.n -z Agenda Item 2 Page 11 of 12 ADM12-4114 MONTEZ One Mile View CtLFAXLOOQ F RA- W J d RPZD • SW Z GV Q1N RPZD 2 • w LI J • ZD MLH m • Y WILSON ST O ROB ST SUBJECT PROPERTY RPZD of c -I DC -I p_ ��p PV E \'‘e,C u Qs e� OLD FARMINC70NRD z EAL ST - I 't. GLEN ST - • Y ST TERRY ST AL§TON S WOLFDALE RD tilII ` [111: IA!Iii.l>.. , 1.1mill I. Legend Subject Property ADM12-4114 Boundary 0.25 0.5 ii ADN 12-4114 Design Overlay District _I Planting Area Fayetteville 1 M i leAay 29, 2012 anning Commission A M 12-4114 Minder Agenda Item 2 Page 12 of 12 Tare evi�le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: May 29, 2012 PC Meeting of May 29, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PPL 12-4099: Preliminary Plat (S.W. CORNER OF SALEM & WEIR RD./HOLCOMB HEIGHTS SD, 245): Submitted by JORGENSEN AND ASSOCIATES for property located at the SOUTH WEST CORNER OF SALEM AND WEIR ROAD (HOLCOMB HEIGHTS SUBDIVISION). The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 19.24 acres. The request is for a residential subdivision with 81 single family lots. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED UNTIL JUNE 11, 2012. GG: IETCIDevelopment Services Review120121Development Review112-4099 (PPL Holcomb Heights107 Planning CammissionVOS-14-20121Comments and Redlines May 29, 2012 Planning Commission ADM 12-4099 Holcomb Heights Agenda Item 3 Page 1 of 2 May 29, 2012 Planning Commission ADM 12-4099 Holcomb Heights Agenda Item 3 Page 2 of 2 Wttevtle. THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING TO: FROM: THRU: DATE: DIVISION CORRESPONDENCE Planning Commission Members Quin Thompson, Current Planner Jeremy Pate, Development Services Director May 21, 2012 PC Meeting of May 29, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 12-4143: Administrative Item (555 Maple, 484): Submitted by modus studio, Chris Baribeau for property located at 555 Maple St. The property is zoned DG, Downtown General and contains approximately 2.96 acres. The request is for a modification of the approved LSD 11-3977. Planner: Quin Thompson Findings: Property and Background: The subject property, zoned DG, Downtown General, is located in the northwest corner of the Fayetteville Downtown Master Plan area and includes an entire city block bound by Maple Street, West Avenue, Lafayette Street and the Frisco Railroad tracks. This site is currently being prepared for development. Table 1: Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Multi -family, University Sorority House RMF -40, Residential Multi -family, 40 du/acre South Retail, barber shop, and restaurants DG, Downtown General MSC, Main Street/Center East University Baptist Church Parking lot DG, Downtown General West Railroad, multi -family dwellings DG, Downtown General RMF -40, Residential Multi -family, 40 du/acre Height Variance: On 12-01-11, Planning Commission approved a variance request from Chapter 161.25(G), height regulations in the Downtown General zoning district, LSD 11-3977 Condition of Approval #3: The applicant requests a variance from the height limit of the Downtown General zoning district to allow for five stories and occupiable space that ranges from approximately one to 14 feet above the maximum 56 feet, for a maximum height of 70 feet of occupiable space above grade. Approval of the variance requires the development of the project as indicated in the submitted drawings. G:IETCIDeneloptnent Services Review120// /3evelopment Retiew111-3819 ADM The Villas at Forest Hills Mod #1106 -Planning Commission14-25- 111Comments and Redlines May 29, 2012 Planning Commission ADM 124143 555 Maple Agenda Item 4 Page 1 of 8 Proposal: The request is for approval of the current design, which shifts parking deck, roof deck, and unit types without increasing the overall height of the project beyond that already approved under the conditions of approval of LSD 11-3977, 12-01-12. Recommendation: Finding that the proposal does not substantially change the buld, mass, or building height of the previously approved development, staff recommends approval of ADM 12- 4143: Administrative Item - 555 Maple, Modification No. 1. Planning Commission Action: Motion: Second: Vote: Meeting Date: May 29, 2012 ❑ Approved ❑ Denied G:IETCIDerelopment Services Review1201 /IDere/opment Reoiewl11-3819 ADM The Villas at Forest Hills Mod #1106 -Planning Commission14-25- 111Comments and Redlines May 29, 2012 Planning Commission ADM 124143 555 Maple Agenda Item 4 Page 2 of 8