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HomeMy WebLinkAbout2011-12-12 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting December 12, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on December 12, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items • City Plan 2030 Short Term Goals Summary of priorities from the commission by Andrew Garner • Digital Technology Training Training of new digital technology that will be used by the commission by Jeremy Pate Consent: 1. Approval of the minutes from the November 28, 2011 meeting. Old Business: 2. CUP 11-3982: Conditional Use Permit (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by JORGENSEN AND ASSOCIATES for property located at 2012 WEST MARTIN LUTHER KING BOULVARD. The property is zoned C-1, NEIGHBORHOOD SERVICES AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.93 acre. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Planner: Dara Sanders New Business: 3. LSD 11-3977: Large Scale Development (NW OF THE INTERSECTION OF WEST ST. & LAFAYETTE AVE./555 MAPLE, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located northwest of the intersection of WEST STREET AND LAFAYETTE AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.96 acres. The request is for a multi -family development with 183 dwellings. Planner: Dara Sanders 4. LSD 11-3984: Large Scale Development (N.W. CORNER OF JOYCE BLVD. AND VANTAGE DR./LIBERTY BANK, 175): Submitted by CRAFTON TULL AND ASSOCIATES for property located at the NORTHWEST CORNER OF JOYCE BOULEVARD AND VANTAGE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.60 acres. The request is for the construction of a 21,613 sq. ft. bank and associated parking. Planner: Andrew Garner 5. PLANNING COMMISSION BYLAW AMENDMENT: An amendment proposed by Planning staff, related to the number of votes required to forward a rezoning request and clarification for administratively approved items. Planner: Andrew Garner The following item has been approved administratively by City staff LSP 11-3985: Lot Split (16 W. MLK BLVD./JACOBS, 523): Submitted by JACOBS AND NEWELL COMPANY for property located at 16 WEST MARTIN LUTHER KING BOULEVARD. The property consists of two parcels zoned NC, NEIGHBORHOOD CONSERVATION and containing a total of 0.70 acre. The request is for two lot splits to each parcel, resulting in a total of six parcels. 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. City Plan 2030 Benchmarks w C rs 0 7 r-I •rt N O Evaluate the intent of the nonconforming section of the Unified Development Code, and provide opportunities for preservation and creative reuse of existing buildings that 4 contribute to neighborhood character. (Gook 1 and 2) �Z Galardi \D Short Term 2011-2013 Develop a conservation development ordinance, or other development form for rural properties, or those with environmentally sensitive features. (coca zas) Increase lot size requirements within the planning area to meet County zoning. (Goal 2) I—I Develop alley design standards and regulations that enable all developers to utilize the Master Street Plan cross-section while meeting Fire Department and Solid Waste Division requirements. (Goal 3 & 4). Use the Enduring Green Network boundary map as a tool when making decisions on parkland acceptance and acquisition, off-site tree preservation, and when updating the Master Trail Plan (Goa/ 4 a s) Develop a system of metrics for the city to evaluate and prioritize properties for inclusion in the enduring green network. (Goal s) Develop educational materials for homeowners, describing benefits and opportunities for improving energy efficiency and reducing monthly utility costs. (Goa/ 6) Grow the Community Revolving Loan Fund to a value that allows the energy efficiency program to be expanded to serve the small business and residential sectors, and pursue new funding that complements the Community Development Block Grant program, and when necessary, provides staff support to obtain and administer these funds. (Goal 6) Develop a cottage development ordinance. (Goal 1, z a 6) Continue to develop and implement form -based codes that establish clear design standards and assure neighbors that new development will be desirable and compatible. (Gook 1 3 4 & 61 Determine the feasibility of a Local Housing Trust Fund and Land Bank. (Goal6) 7 Identify existing properties that are vacant or prime for redevelopment and initiate form -based rezoning discussions with property owners. (Goal 1, z a 3) Develop internal processes to align funding, development and planning of city infrastructure with the goats of City Plan 2030. (Goal 1 a 2) `. Planning Commission City Plan 2030 Short Term Goals Agenda Session Items Page 1 of 2 December 12, 2011 Planning Commission City Plan 2030 Short Term Goals Agenda Session Items Page 2 of 2 Planning Commission November 28, 2011 Page 1 of 7 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 28, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: November 14, 2011 Page 3 Old Business: Approved LSD 11-3903: Large Scale Development (2530 W. WEDINGTON DR./KUM & GO, 402) Page 4 Tabled New Business: CUP 11-3982: Conditional Use Permit (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Page 5 Tabled CUP 11-3983: Conditional Use Permit (1250 N. GARLAND AVE./SPIRITS SHOP, 405) Page 6 Approved ADM 11-3993 Administrative Item (UDC AMENDMENT I-1 & I-2 ZONING DISTRICTS) Page 7 Forwarded MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner CITY ATTORNEY Kit Williams, City Attorney December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 1 of 8 Planning Commission November 28, 2011 Page 2 of 7 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioners Chesser, Winston, and Bunch. December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 2 of 8 Planning Commission November 28, 2011 Page 3 of 7 Consent: Approval of the minutes from the November 14, 2011 meeting. Motion: Commissioner Cook made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 3 of 8 Planning Commission November 28, 2011 Page 4 of 7 Old Business: LSD 11-3903: Large Scale Development (2530 W. WEDINGTON DR./KUM & GO, 402): Submitted by CEI ENGINEERING for property located at 2530 WEST WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.54 acres. The request is for a gas station and convenience store containing approximately 4,958 square feet. Commissioner Cabe announced that the applicant has requested this item be tabled. No public comment was presented. Motion: Commissioner Griffin made a motion to table LSD 11-3903 indefinitely. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 4 of 8 Planning Commission November 28, 2011 Page 5 of 7 New Business: CUP 11-3982: Conditional Use Permit (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by JORGENSEN AND ASSOCIATES for property located at 2012 WEST MARTIN LUTHER KING BOULVARD. The property is zoned C-1, NEIGHBORHOOD SERVICES AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.93 acre. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Commissioner Cabe announced that the applicant has requested this item be tabled. No public comment was presented. Motion: Commissioner Griffin made a motion to table CUP 11-3982 indefinitely. Commissioner Cook seconded the motion. Andrew Garner, Senior Planner, clarified that they are requesting this item be tabled date -specific to the December 12, 2011 meeting. Commissioners Griffin and Cook agreed to change the motion to table the item until the December 12, 2011 meeting Upon roll call the motion passed with a vote of 6-0-0. December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 5 of 8 Planning Commission November 28, 2011 Page 6 of 7 CUP 11-3983: Conditional Use Permit (1250 N. GARLAND AVE./SPIRITS SHOP, 405): Submitted by EB LANDWORKS, INC. for property located at 1250 NORTH GARLAND AVENUE. The property is zoned R -O, RESIDENTIAL -OFFICE and contains approximately 0.30 acre. The request is for a parking lot within a residential zone which serves a use in a nonresidential zone. Andrew Garner, Senior Planner, gave the staff report. Jon Easterling, applicant's representative, stated agreement with conditions of approval. No public comment was presented. Motion: Commissioner Griffin made a motion to approve CUP 11-3983 finding in favor of all conditions of approval and determinations as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 6 of 8 Planning Commission November 28, 2011 Page 7 of 7 ADM 11-3993 Administrative Item (UDC AMENDMENT I-1 & I-2 ZONING DISTRICTS) Submitted by CITY PLANNING STAFF to clarify building setbacks in the I-1 and I-2 zoning districts (UDC Sections 161.27 and 161.28). Andrew Garner, Senior Planner, gave the staff report. No public comment was presented. Motion: Commissioner Griffin made a motion to forward ADM 11-3993 to City Council with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 5:45 PM. December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 7 of 8 December 12, 2011 Planning Commission PC Minutes 11/28/11 Agenda Item 1 Page 8 of 8 aye cfile 1 PC Meeting of December 12, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: FROM: THRU: DATE: Fayetteville Planning Commission Dara Sanders, Current Planner Jeremy Pate, Development Services Director December 7, 2011 CUP 11-3982: Conditional Use Permit (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by JORGENSEN AND ASSOCIATES for property located at 2012 WEST MARTIN LUTHER KING BOULVARD. The property is zoned C-1, NEIGHBORHOOD SERVICES AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.93 acre. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Planner: Dara Sanders BACKGROUND: Property Description: The subject property is located at 2012 W. Martin Luther King Boulevard and contains approximately 0.97 acres. The property was developed in 1982 for a gas station with two curb cuts onto Martin Luther King Boulevard/State Highway 62. The gas station was recently demolished and removed from the site. The northern portion of the subject property was recently rezoned from RMF -24, Residential Multi- family, 24 dwelling units/acre, to C-1, Neighborhood. Commercial, in anticipation of the redevelopment of the property for a USA Drug store. Surrounding land uses and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Two-family/Three-family RMF -24, Residential Multi -family South Commercial I-1, Heavy Commercial -Light Industrial East Commercial C-2, Thoroughfare Commercial West Commercial C-2, Thoroughfare Commercial November 28, 2011 Planning Commission Meeting: This December 12, 2011 Planning Commission meeting in order to time to evaluate access to the subject property. Proposals: The applicant is proposing a conditional use permit the site for a 4,000 square foot drug store as discussed below. item was tabled to the allow the applicant more and a variance to develop December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 1 of 24 Conditional Use Permit for Increased Parking_ The Planning Division has not yet received a Site Improvement Plan application to redevelop the property, but the applicant has submitted a conditional use permit application to allow for a parking increase in excess of the increases permitted in Chapter 172, Parking and Loading. Currently, the anticipated building size is 4,000 square feet, which would require 16 parking spaces (1 space/250 square feet) for a drug store/pharmacy. This development may increase the number of off-street parking spaces by up to 30% over the baseline when alternative stormwater treatment techniques are installed and additional trees are planted on the site, which would allow 21 parking spaces. The applicant requests approval to construct 35 parking spaces on the property, a 43% increase above the established parking ratio. Their request indicates that the business needs the parking spaces to accommodate peak business hours with 50 customers per hour and 10 employees at peak shift. Curb Cut Variance: The applicant has submitted a variance request from Chapter 166.08(F), Access Management, to allow for two curb cuts on Martin Luther King Boulevard/State Highway 62 (a principal arterial roadway) when this site is redeveloped for a 4,000 square foot pharmacy. The access management ordinance states that access shall be taken from the street with the lower functional classification where available. Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from a driveway or intersection and be shared with the adjacent property if feasible. These standards were adopted so that access to new development and redevelopment would not create or contribute to unsafe or congested conditions, especially along arterial roadways. As new access points are created and as sites are redeveloped, the potential for vehicle conflicts between through traffic and traffic using the access increases. In addition to decreased safety, poorly designed access points increase congestion and traffic delays. Currently, the property is accessed by two existing nonconforming curb cuts, as these curb cuts do not meet the separation requirements for Martin Luther King Boulevard, a Principal Arterial. The Access Management Ordinance requires a site that is being redeveloped to fully comply with the ordinance. The existing curb cuts are not "grandfathered in". As indicated on the conceptual plan, the applicant proposes to close the western curb cut on the subject property and the curb cut onto the adjacent property to the west in order to construct a new shared curb cut. The applicant also proposes to reconstruct the eastern curb cut, reducing the width but relocating it further to the east and closer to the existing curb cut accessing the adjacent property to the east. The proposed curb cut distances are listed below and shown on the attached diagram: Curb Cut Distance from curb cut/intersection to the west Distance from curb cut intersection to the east Required Separation Western 191 feet 122 feet 250 feet Eastern 122 feet 0 feet 250 feet December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 2 of 24 Public Comment: Staff has received an email from the owner of the multi -family dwellings to the north requesting that a connection to Gabbard Drive be prohibited and that a fence be required to block access from the subject property to the north. RECOMMENDED MOTION: Staff recommends approval of CUP 11-3982 with the following conditions: Conditions of Approval 1. Planning Commission determination of the variance request from Chapter 166.08(F), Access Management. a. Western shared curb cut onto Martin Luther King Boulevard. Staff recommends approval of the proposal for the shared curb cut with the property to the west, finding that the proposal would reduce the number of conflicting turning movements, increase vehicular and pedestrian traffic safety, and increase the separation between the curb cut and the intersection of Sang Avenue and Martin Luther King Boulevard, thus decreasing the nonconformity of the two existing curb cuts for both properties at this location. This is also consistent with the ordinance that states that when curb cuts are required along an arterial that shall be shared between property owners, when feasible. b. Eastern curb cut onto Martin Luther King Boulevard. Staff recommends denial of the reconstructed and relocated curb cut, finding that the curb cut increases the nonconformity by moving the curb cut closer to the existing curb cut to the east and causes the curb radius to cross the property line and into the adjacent curb cut, which may not be permitted by the Arkansas Highway and Transportation Department and increases dangerous turning movements. Further, staff does not find that there is a hardship with this site such as a large amount of street frontage or other unique physical situation, or any unique circumstance associates with this business (a 4,000 square foot pharmacy) that necessitates two curb cuts on a principal arterial/State Highway 62. Staff would be supportive of a shared curb cut with the adjacent property owner to the east. 2. In order to offset the aesthetic and environmental impacts of the additional paved surface generated from the parking spaces the following shall be required: a. Install a total of three additional two-inch (2") caliper trees (1 required by code to get to 21 spaces, staff recommends an additional 2 trees for the additional 14 spaces). b. Utilize alternative stormwater treatment techniques (required by code to get to 21 spaces). c. Install ornamental grasses and/or native plants that will provide screening above and beyond the minimum shrub requirements between the parking lot and Martin Luther King Boulevard (the south property line). The species and spacing of the additional plant December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 3 of 24 material to be determined by Planning and Urban Forestry staff at the time of development. 3. Adverse light impacts associated with the larger parking lot to adjacent residences shall be mitigated. Consistent with Unified Development Code Section 176.05(D), pole lights shall be of a scale, location, and/or shielded such to keep all illumination and glare within the boundaries of the property. A lighting plan and cut -sheets of all light fixtures shall be reviewed prior to issuance of a building permit for review and approval. All exterior lights will be inspected prior to fmal occupancy to ensure that glare and light trespass to adjacent residential property does not occur. 4. Approval of a Site Improvement Plan application shall be required prior to the issuance of a building permit for the redevelopment of the subject property. 5. Screening of the parking lot and nonresidential use shall be achieved with a combination of a fence and vegetation to be determined by staff at the time of development request. 6. All signage shall be reviewed for compliance with the underlying zoning district, and shall be permitted by a separate sign permit prior to installation. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: December 12, 2011 City Plan 2030 designation: City Neighborhood Area Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or December 12, 2011 Planning Commission CUP. 11-3982 USA Drug Agenda Item 2 Page 4 of 24 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use for a parking lot that exceeds the number of spaces permitted by code. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under §172.05(D)(4) to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the conditional use permit request will not adversely affect the public interest if there is a proven need for the additional parking spaces and when mitigating elements are required to off -set the effect of additional pavement on the site. The applicant has provided a written letter discussing that the parking spaces are needed to support the peak number of customers and employees for this business. This is a valid public interest. A condition of approval for lighting will aid in mitigating the potential impacts of the extra - large parking lot and associated tall pole lights for the proposed drug store to adjacent residences to the north. See Finding 2b for additional discussion. Staff finds that granting the variance request for the proposed reconstruction and relocation of the eastern curb cut will adversely December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 5 of 24 affect the public interest. It is staff's opinion that this curb cut in not necessary to access the property with the proposed shared western curb cut and that the reconstruction and relocation of the eastern curb cut will increase the potential for conflicting turning movements entering and existing the site, thus increasing traffic danger and adversely affecting the public interest at this already congested area. See Finding 2a below for additional discussion. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: Currently, the property is accessed by two existing nonconforming curb cuts. These curb cuts do not meet the minimum separation requirement of 250 feet from an intersection or driveway, as the western curb cut is located approximately 81 feet from the intersection of Sang Avenue and Martin Luther King Boulevard, and the eastern curb cut is located approximately 200 feet from the intersection, approximately 68 feet from the western curb cut on the subject property, and approximately 24 feet from the adjacent curb cut to the east. Staff finds in favor of the applicant's proposal to replace the western curb cut on the subject property and the curb cut for the property to the west with one shared driveway. The curb cut would be 191 feet from the Sang Avenue intersection and 122 feet from the proposed eastern curb cut. This proposal would reduce the number of conflicting turning movements, increase vehicular and pedestrian traffic safety, and increase the separation between the curb cut and the intersection of Sang Avenue and Martin Luther King Boulevard, thus decreasing the nonconformity. However, staff does not find in favor of the proposal to relocate the December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 6 of 24 eastern existing nonconforming curb cut further east. This proposal increases the nonconformity by moving the curb cut closer to the existing curb cut to the east and causing the curb radius to cross the property line and into the adjacent curb cut, which may not be permitted by the Arkansas Highway and Transportation Department. There is no measurable separation between these two curb cuts. Pursuant to Chapter 166.08(C), Street Design and Access Management Standards Applicability, the access management standards apply to land that is proposed to be redeveloped or when new or existing access is modified. Therefore, pursuant to Chapter 166.08(F)(1)(a), which states that, when necessary, curb cuts along arterial streets shall be shared between two or more lots, staff recommends denial of the eastern curb cut relocation. Staff fmds that this curb cut is not permitted by the access management standards and that the proposed shared western curb cut is sufficient to meet the access requirements and traffic volume for a drug store at this location. Finally, it is anticipated that a connection to Gabbard Drive, which ends at the north property line, will be recommended at the time of development review in order to increase connectivity in this area and allow for the neighborhood to the north to access the property without having to enter the site from Martin Luther King Boulevard, in accordance with City policy and ordinance. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The intent of Chapter 172.05(C)(2) with a maximum amount of parking spaces is to reduce excess paved surface which leads to increased environmental impacts including disturbance of land, runoff, pollutants, and urban heat island effect. The applicant will be required to utilize alternative stormwater treatment techniques and to plant an additional two-inch (2") caliper trees in addition to other standard landscaping requirements for the five spaces allowed by right above the base ratio requirement for 16 spaces (a by -right total of 21 parking spaces). While staff has found that similar uses (drug stores) have been able meet the established parking ratio of 1 space per 250 square feet, the applicant has provided documentation that indicates their business December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 7 of 24 model needs the proposed parking spaces to accommodate the parking needs of employees and customers that will utilize the drug store during peak hours. To mitigate for the additional 14 parking spaces (a 67% increase), staff recommends that two additional two- inch (2")caliper trees and parking lot perimeter ornamental grasses be planted. Staff finds that the proposed drug store and associated parking should not result in economic, noise, glare, or odor effects with the incorporation of conditions for screening and lighting. As discussed in Finding 2a, staff will likely recommend a connection to the existing public street (Gabbard Drive) to the north, which would conflict with a continuous screen along the northern property line. This connection, and other standard development and landscaping regulations, will result in a modification to the conceptual parking lot layout. While the Planning Commission may approve the number of parking spaces permitted and the additional required landscaping, the exact parking lot layout will be reviewed and approved at the time of development request. (c.) Refuse and service areas, with particular reference to ingress and egress, and off- street parking and loading, Finding: Solid Waste access and service to the subject property will be reviewed by the Solid Waste Division at the time of development request. (d.)Utilities, with reference to locations, availability, and compatibility; Finding: All necessary utilities are available to serve the proposed use. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Pursuant to the City's Commercial Design and Development Standards, the proposed nonresidential use will be required to be screened from the adjoining residential properties to the north. Compliance with this requirement will be reviewed at the time of development request. Screening of the parking lot and nonresidential use shall be achieved with a combination of a fence and vegetation to be determined by staff at the time of development request. However, as discussed in Finding 2a, staff will likely recommend a connection to the existing public street (Gabbard Drive) to the north, which would conflict with a continuous screen along the northern property line. December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 8 of 24 (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: All signage shall be reviewed for compliance with the underlying zoning districts, and shall be permitted by a separate sign permit document prior to installation. (g.) Required setbacks and other open space; and Finding: The future redevelopment of the subject property will be required to meet setbacks or other open space requirements. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the parking lot proposal is compatible with the adjacent properties and other property in the district with conditions to reduce impacts associated with the large parking lot, including additional landscaping and conditions to reduce light pollution to adjacent residences. However, based on the findings herein, staff recommends denial of the access management variance request for the eastern curb cut onto Martin Luther King Boulevard. December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 9 of 24 Fayetteville Unified Development Code 172.05 Standards For The Number Of Spaces By Use (C) Off-street parking. (2) Maximum number allowed. Developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: (c) (i) Bioswales (H) constructed wetlands (iii) pervious pavement (iv) other such techniques that aid in improving water quality and quantity as approved by the City Engineer Developments may increase the number of off-street parking spaces by an additional 5% when one (1), two-inch (2") caliper tree for every 10 additional parking spaces is planted on-site in addition to all other landscaping requirements. (4) Increases or reductions in excess of those identified herein shall be allowed only as a conditional use and shall be granted in accordance with Chapter 163, governing applications of conditional uses, procedures, and upon the finding that the increase or reduction is needed. 166.08 Street Design And Access Management Standards (A) Intent. These standards are intended to ensure that development is designed to be inherently safe, walkable, and efficient for the facilitation of traffic and pedestrian movements. Fitness for development. Based on topographic maps, soil surveys prepared by the Department of Agriculture and drainage information from the Future Land Use Plan and the Hillside/Hilltop Overlay District, the Planning Commission may require that steep grades, unstable soil and flood plains be set aside and not subdivided until corrections are made to protect life, health, and property. (C) Applicability. The standards set forth herein shall apply to land which is proposed to be developed or redeveloped where the creation of public streets are required, or proposed, or in which new or existing access is created or modified. Developments that create private streets shall utilize these standards as guidelines. (F) Access Management. Safe and adequate vehicular, bicycle, and pedestrian access shall be provided to all parcels. Local streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification, ex. Local and Collector. (1) Curb cut minimum distance from intersection or driveway. For purposes of determining curb cut or street access separation, the separation distance shall be measured along the curb line from the edge of curb cut to the edge of curb cut/intersection. The measurement begins at the point where the curb cut and intersecting street create a right angle, i.e., the intersection of lines drawn from the face -of -curb to face -of -curb. The measurement ends at the point along the street where the closest curb cut or street intersection occurs; again, measured to the point where the curb cut or intersecting streets create a right angle at the intersection of face -of -curb. (6) (a) Principal and Minor Arterial Streets. Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. When necessary, curb cuts along arterial streets shall be shared between two or more lots. Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from an intersection or driveway. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-500 ft. 1 December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 10 of 24 501-1000 ft. 2 1001-1500 ft. 3 More than 1500 ft. 4 (b) Collector Streets. Curb cuts shall be located a minimum of 100 feet from an intersection or driveway. When necessary, curb cuts along collector streets shall be shared between two or more lots. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-100 ft. 1 101-250 ft. 2 251-500 ft. 3 More than 500 ft. 4 (c) Local and Residential Streets. Curb cuts shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within the radius return of an adjacent curb cut or intersection. Curb cuts shall be a minimum of fifteen (15') feet from the adjoining property line, unless shared. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-50 ft. 1 51-125 ft. 2 126-250 ft. 3 More than 250 ft. 4 (d) Residential Subdivisions. In the case of residential subdivisions, curb cuts shall be discouraged along arterial and collector streets. When necessary, curb cuts along arterial and collector streets shall be shared between two or more lots. Curb cuts along all streets shall be located a minimum of five feet (5') from the adjoining property line, unless shared. (e) Variance. In order to protect the ingress and egress access rights to a street of an abutting property owner, a variance to the curb cut minimums shall be granted by the Planning Commission to allow an ingress/egress curb cut at the safest functional location along the property. Such a curb cut may be required to be shared with an adjoining parcel if feasible. If a parcel on the corner of an arterial or collector street provides such short frontage along a major street that there is no safe ingress/egress functional location on that street, the Planning Commission may deny the curb cut or may limit such curb cut to ingress or egress only. (2) Speed. All streets should be designed to discourage excessive speeds. (G) Non -conforming Access Features. (1) Existing. Permitted access connections in place on the date of the adoption of this ordinance that do not conforrn with the standards herein shall be designated as nonconforming features and shall be brought into compliance with the applicable standards under the following conditions: (a) When new access connection perrnits are requested; (b) Upon expansion or improvements greater than 50% of the assessed property value or gross floor area or volume; (c) As roadway improvements allow. (H) Easements. Utility and drainage easements shall be located along lot lines and/or street right-of-way where necessary to provide for utility lines and drainage. The Planning Commission may require larger easements for major utility lines, unusual terrain or drainage problems. (Code 1965, App. C., Art. IV, §§C, D, F --H; Ord. No. 1750, 7-6-70; Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76; Ord. No. 2353, 7-5-77; Code 1991, §§159.45, 159.58, 159.51-159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4757, 9-6-05; Ord. 4919, 9-05-06; Ord. 5156, 8-5-08; Ord. 5296, 12-15-09) Cross reference(s)--Bonds and Guarantees, Ch. 158; Variances. Ch. 156; Notification and Public Hearings, Ch. 157. December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 11 of 24 ia7teville ARKANSAS ccessfayettevllte,o 9 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 Wert Mountain Fayetteville, AR 72701 P (479)444-3471 F(479)5214714 TO: FROM: DATE: SUBJECT: Planning Division Carole Jones, Park Planner II December 5, 2011 Parks & Recreation Planning Commission Review Comments ****************************************************************************************** Meeting Date: Item: Park District: Zoned: Billing Name & Address: December 12, 2011 LSD 11-3977 (Project Canada/555 Maple, 484) SW DG, Downtown General Project Canada Partners, LLC 1200 Shipley Street Springdale, AR 72762 Current Land Dedication Requirement Single Family @ 0.024 acre per unit = acres Multi Family @ 0.017 acre per unit = acres 155 COMMENTS: Money in Lieu @ $960per unit = $ @ $680 per unit = $105 400 • On November 7, 2011 PRAB reviewed the project and recommended accepting money in lieu for 183 multi -family units to satisfy the park land dedication ordinance due to the development's proximity to Wilson Park, Frisco Trail, Scull Creek Trail and Oak Ridge Trail. • Credit will be given for the existing 28 multi -family units at Maple Street Apartments. • Fees in the amount of $105,400 are due for the proposed additional 155 multi -family units. • The actual amount of fees will be based on the type (single family or multi -family) and number of units. Fees must be paid prior to signing of final plat or issuing of building permits. Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain- Fayetteville, AR 72701 December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 12 of 24 ee ave ��evl__e ARKANSA w accessfayettevil e o To: Dara Sanders, Current Planner From: Glenn Newman, P.E. Staff Engineer Re: Plat Review Comments (December 12, 2011 Planning Commission) Development: LSD 11-3977 — 555 Maple Engineer: MCE Consulting Engineers, Inc. Standard Comments: THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION 125 West Mountain Fayetteville, AR 72701 Phone (479)444-3443 December 6, 2011 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based on the proposed meter size and will be charged at the time of meter set. 3. Fire Line monthly fees will be applied based on the size of the riser penetrating the slab. See Chapter 51.136 of the Unified Development Code for table of fees associated with pipe diameter. 4. The engineer of record shall provide "Full Time" inspection for utilities and "Part Time" inspection for the storm drainage and roadway construction for this project. 5. Prior to engineering approval of the building permit, either the required public improvements must be installed and accepted, or performance bonds in the amount of 150% of the construction cost for all public improvements must be submitted, accompanied by a unit price estimate approved by the Engineering Division. Plan Comments: 1. Site Plan: a. Show the proposed traffic signal at the intersection of Wilson and Maple as deemed necessary by the traffic study. i. Add necessary hardware so that the signal at Wilson and West will work together. ii. Show pedestrian crossing striping to intersection. Include crossing at Wilson and for parking garage. iii. Add a dedicated left turn lane west of Wilson for east/northbound traffic. Begin pavement/striping transition at trail. 2. Utility Plan: a. Add construction level details for the for the proposed off-site sewer improvements. b. Connect the fire line to the proposed 12 inch main along Maple and remove the proposed 8 inch main extension on the west side between the railroad and the structure. The west fire hydrant on Lafayette should also have a domestic service to allow for circulation. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain- Fayetteville, AR 72701 December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 13 of 24 THE CITY OF FAYETTEVILLE, ARKANSAS 3. Grading Plan: a. Show design contours at entrances. And at tree to be saved on West. b. Revise sidewalk elevation through the proposed commercial driveways to be elevated 2% above the standard 6 inch curb to the back of sidewalk. Remove curb though the driveways. Drainage Report Comments: 1. The Underground Detention Model is approved with the assumption the downstream network is adequate. 2. At the time of construction review, the downstream capacity must be analyzed to confirm assumptions in mathematical model for detention model are accurate. Offsite improvements may be required or design to the capacity of the existing condition. 3. The 2 ft HGL requirement for the new pipe network must be met, regardless of downstream conditions of the exiting pipe network. Telecommunications Device for the Deaf TDD (479) 521-1316 1134 Vest Mountain- Fayetteville, AR 72701 December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 14 of 24 11/21/2011) Andrew Garner Fwd Re US rug Store on MLK and Sang From: Andrew Garner To: Garner, Andrew Date: 11/21/2011 11:19 AM Subject: Fwd: Re: USA Drug Store on MLK and Sang »> William Goliff <ooliffw(wahoo.com> 11/14/2011 2:00 PM »> Jesse, I own the properties at 1902 and 1920 Kaywood, adjacent to Gabbard. I prefer that Gabbard does not provide access to the USA Drug Store parking lot, and access to MLK via the drug store parking lot. I'd also like to see a fence closing off the drug store from Gabbard and Kaywood. 1 get a lot of transient foot traffic through my property and would like to see that stopped. This foot traffic has resulted in property being taken from my tenants and their vehicles parked in the access area on the way to the drug store. Please feel free to contact me regarding my concerns. Thanks for your much needed help. BiII Goliff 7317 San Luis Street Carlsbad, CA 92011 479-466-0757 aoliffw(olvahoo.com December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 15 of 24 A.v JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYEII EVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. 12-5-11 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Conditional Use request for USA Drug This letter is in regards to a conditional use request for a proposed USA Drug store located at 2012 West Martin Luther King Boulevard. This location use to be the site of the old EZ Mart across the street from the McDonalds on MLK. The old EZ Mart has since been removed along with all potential environmental hazards due to gas storage facilities and USA Drug has plans to close their current location across the street just west of the McDonalds in hopes for this proposed new location with better facilities, access and visibility. One of the main problems they have with their current location is the lack of parking and they hope to improve that situation with the development of the new location which is why we are asking for a conditional use for more parking allowed by right. The following is a list of other important information in regards to this request: A. Existing Building = Has been removed. Proposed Building = 4,000 sq ft. B. Requested parking: 35 total Required parking: 1/250 sq ft = 16 spaces 30% additional = 21 spaces C. Hours of operation: 8:30 am to 6:30 pm - Peak demand is from 8:30 am — 9:30 am 12:00 pm — 1:30 pm 4:30 pm — 6:00 pm Number of employees: 20 employees (10 @ peak times) Anticipated number of customers (avg per day / peak hour): 50 patients / hr D. Lighting proposed as per city ordinance. E. No extra noise is anticipated for this proposal. F. Screening will be done as per the Landscape Manual. Applicant is also proposing extra landscaping with the extra parking being requested. G. No change in trash pick-up due to this request. Dumpster will be located in back of building blocking visibility from MLK. H. A variance will be requested for the distance between ingress/egress points onto this property. Please see attached Variance Letter. I. The property will remain compatible with the surrounding property. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING • December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 16 of 24 Due to the requested increase in parking the applicant is proposing to install up to 25% more landscaping than what is required by ordinance including: • Extra trees & shrubs along the east property line • Extra trees & shrubs along the west property line • Extra trees & shrubs along the north property line In addition to the extra landscaping the applicant is also proposing to install a storm water quality basin along the front to catch and clean the first flush drainage from the parking lot. The applicant's concern is that during his peak/rush hours there will be an anticipated 50 patients/customers plus the 10 employees for a total of roughly 60 parking spaces needed. The applicant understands that 60 is in excess of the allowed 20 so they are proposing the right to have 35 parking spots. This would be similar to some of their other sites around this area and they have found that the need for 35 parking spaces is crucial to the function of their business and keeping their customers happy. We thank you for your consideration of this proposal and please call with any questions, Thank you. Sincerely; % Justin L. Jorgensen, P.E. December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 17 of 24 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYL Pl EVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. 10-19-11 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Variance request for USA Drug This letter is in regards to a Variance request for a proposed USA Drug store located at 2012 West Martin Luther King Boulevard. This location use to be the site of the old EZ Mart across the street from the McDonalds on MLK. The request is for a variance to the Access Management Ordinance pertaining to the distance between curb cuts onto MLK which is classified as a Principal Arterial. The ordinance states that "Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from an intersection or driveway." This property is only 188 feet wide and due to the location of the existing curb cuts on the adjacent properties to the west and east we are unable to meet the 250 foot requirement. In addition the owner is proposing to remove one of his curb cuts and working with the surrounding property owners on a plan for a shared drive. This will decrease the current curb cuts from three to two in this area and ultimately help control the flow of traffic. We thank you for your consideration of this variance request and please call with any questions, Thank you. Sincerely; Justin L. Jorgensen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING • December 12, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 2 Page 18 of 24