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Home My WebLink About2008-07-28 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, July 28, 2008, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE It' you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2008 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Jeremy Kennedy Jill Anthes • aye...evi e ARKANSAS The City of Fayetteville, Arkansas TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, July 28, 2008, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the July 14, 2008 meeting. 2. LSP 08-3011: (PRICE / WHEELER ROAD, 241): Submitted by BATES & ASSOCIATES for property located at 5694 W. WHEELER ROAD. The property is in the Planning Area and contains approximately 9.92 acres. The request is to divide the property into three tracts of 2.58, 1.00 and 6.38 acres. Planner: Dara Sanders 3. VAC 08-3042: (U OF A RESEARCH CENTER, 600): Submitted by ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS, INC. for property located at N & W OF RESEARCH CENTER BLVD. AND S. SCHOOL AVENUE. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.54 acres. The request is to vacate portions of water/sewer and drainage easements. Planner: Dara Sanders Unfinished Business: 4. R-PZD 06-2170: (VILLAS AT STONEBRIDGE, 645/646): Submitted by APPIAN CENTRE FOR DESIGN for property located S OF HWY. 16E AND E OF GOFF FARM ROAD. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 53.03 acres. The request is for zoning, land use and preliminary plat approval for a Residential Planned Zoning District with a maximum of 350 dwelling units and 45,000 s.f. of non- residential space. Phase I development approval consists of 91 single family lots. Planner: Jesse Fulcher The applicant has requested this item be tabled indefinitely. New Business: 5. CUP 08-3039: (FLEET FEET, 213): Submitted by ROBERT SHARP for property located at 1020 HAROLD STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.52 acres. The request is for continued use as a specialty retail establishment (Use Unit 15 Neighborhood Shopping Goods) in the R -O, Residential Office, Zoning District. Planner: Dara Sanders 6. CUP 08-3040: (HILL PLACE, 522/561): Submitted by APPIAN CENTER FOR DESIGN for property located at THE SW CORNER OF HILL AVENUE AND 6TH STREET. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE AND R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.02 acres. The request is for a temporary property leasing trailer. Planner: Andrew Gamer 7. ANX 08-3036: (RAUSCH COLEMAN LAND EXCHANGE, 555): Submitted by BAUSCH COLEMAN HOMES for property located W OF THE WALNUT CROSSING SUBDIVISION. The request is to annex 11.86 acres from Farmington in exchange for 8.035 acres in Fayetteville to allow further development by the property owner. Planner: Jesse Fulcher 8. ANX 08-2899: (FRANK SHARP, 631/632): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY 62W. The property is in the Planning Area and contains approximately 53.53 acres. The request is to annex the subject properties into the City of Fayetteville. Planner: Andrew Garner 9. RZN 08-2900: (FRANK SHARP, 631/632): Submitted by APPIAN CENTER FOR DESIGN for property located S OF HWY. 62W. The property is in the Planning Area and contains approximately 53.53 acres. The request is to rezone the subject property to RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE. Planner: Andrew Garner 10. ANX 08-2897: (SOUTHPASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR DESIGN for property located WEST OF I-540 AND SOUTH OF HWY 62W. The property is in the Planning Area and contains approximately 831.00 acres. The request is to annex the subject properties into the City of Fayetteville. Planner: Andrew Garner 11. R-PZD 08-2898: (SOUTHPASS DEVELOPMENT, 632): Submitted by APPIAN CENTER FOR DESIGN for property located WEST OF 1-540 AND SOUTH OF HWY 62W AND NW OF CATO SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 910.36 acres. The request is for Zoning and Land Use approval for a Residential Planned Zoning District with 809 single family lots, 2,881 multi- family units, 630 condominium lofts, 344,000 square feet of non-residential space, 240 acres of preserved open space, and a 200+ acre regional park. Planner: Andrew Garner All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. ay tale J ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of July 28, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: July 17, 2008 LSP 08-3011: (PRICE / WHEELER ROAD, 241): Submitted by BATES & ASSOCIATES for property located at 5694 W. WHEELER ROAD. The property is in the Planning Area and contains approximately 9.92 acres. The request is to divide the property into three tracts of 2.58, 1.00 and 6.38 acres. Planner: Dara Sanders Findings: Property & Proposal: The subject property is located in the Planning Area on a portion of Wheeler Road that curves sharply to the west, providing approximately 110 feet of frontage for the 9.92 -acre tract. There are two existing single-family dwellings located on the property. The surrounding land use consists of low density residential and farmland Table 1: Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Residential Planning Area South Residential Planning Area East Farmland Planning Area West Residential Planning Area Request: The applicant requests to divide the 9.92 -acre tract into Tracts A, B, and C of 2.58, 1.00 and 6.38 acres, respectively. A variance for lot width requirements has been submitted for all three tracts. Lots within the Planning Area require a minimum of 75 feet of street frontage and lot width unless a variance is granted by the Planning Commission. The street frontages proposed for Tracts A, B, and C are shown in Table 2 on the next page. K:1Reports120081PC Reports114- July 281LSP 08-3011 (Price).doc July 28, 2008 Planning Commission LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 1 of 8 Table 2: Proposed Street Frontage Tract Required Proposed A 75' 49' (26' Variance) B 75' 30' (45' Variance) C 75' 30' (45' Variance) Adjacent Master Street Plan Streets: Wheeler Road (Minor Arterial) Right-of-way dedication: The applicant shall dedicate right-of-way in the amount of 42.5 feet from centerline for Wheeler Road to meet the minimum requirements of the Master Street Plan. Water/Sewer: Public water is available to the site. Access: The subject properties have access onto Wheeler Road. Additional curb cuts shall not be permitted. Tracts B and C shall utilize a shared drive placed within a 35' access easement, as indicated on the plat. Recommendation: Staff recommends approval of LSP 08-3011 with a recommendation of approval with the following conditions: Conditions of Approval: 1. Planning Commission determination of the associated variance request from Chapter 166.08 (F)(1) Bulk and Area Regulations, to vary the frontage requirements within the Planning Area from 75 feet to allow for reduced lot widths as proposed on the plat. Staff recommends approval of the requested variance, finding that the lot configuration is not incompatible with surrounding properties and will provide an adequate means of access to Tracts A, B, and C. Future division of the subject properties will require extension of a public street to City standards to provide adequate access and street frontage. SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE REQUEST (07-17-08) 2. All lots shall be subject to Washington County zoning criteria; the requested lot splits shall be approved by Washington County Planning prior to recordation of the plat. 3. The applicant shall dedicate right-of-way in the amount of 42.5 feet from centerline for Wheeler Road to meet the minimum requirements of the Master Street Plan. 4. Setbacks for Tract C shall be 20 feet from all property lines and 25 feet from West Wheeler Road, as is typical with tandem lot development. The applicant shall revise the plat prior to recordation. 5. Additional curb cuts shall not be permitted. Tracts B and C shall utilize a shared drive placed within a 35' access easement, as indicated on the plat. The owner of Tract C shall continue to access the existing driveway for the single-family residence. K:1Reports120081PC Reports114 -July 281LSP 08-3011 (Price).doc July 28, 2008 Planning Commission LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 2 of 8 6. The applicant shall install new water meters for Tracts B and C. Service lines shall not cross private property. Standard Conditions of Approval: 7. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 8. This lot split must be filed of record within one year from the date of approval or the approval is rendered null and void. Planning Commission Action: Motion: Second: Vote: Meeting Date: July 28, 2008 K:IReports12008IPC Reparts114- July 281LSP 08-3011 (Price).doc ❑ Approved ❑ Denied ❑ Tabled July 28, 2008 Planning Commission LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 3 of 8 FAYETTEVILLE ME CITY OF FAYETTEVILLE, ARKANSAS 113 West Mountain St. Fayetteville, AR 72701 ENGINEERING DIVISION CORRESPONDENCE 479-575-8206 To: Dara Sanders, Planner Date: July 11, 2008 From: Glenn E. Newman, Jr., P.E. Staff Engineer Re: Plat Review Comments (July 17, 2008 Subdivision Committee Meeting) Development: LSP — 08-3011 Price/Wheeler Surveyor: Bates & Associates, Inc 1. Install new water meters for Tract B & C. Service lines shall not cross private property. Engineering Comments Page 1 of 1 July 28, 2008 Planning Commission LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 4 of 8 Planning Commission City of Fayetteville Re: 5686 & 5694 Wheeler Road, minimum road frontage variance requested. This property has only 109.9 feet of frontage along Wheeler Road and consists of 9.92 acres total. We live on the proposed Tract "A", our son lives on the proposed Tract "C" and our daughter desires to build on Tract "B". To meet the requirement of the ordinance we would have to,have 225 feet of frontage which is impossible to obtain. To obtain city water service each tract has to have road frontage and a planning person told me' 30 feet is adequate for a water service line and access, however, we will add an ingress easement along the west boundary to serve Tract "B" so another driveway will not be needed. The 10 acre tract adjoining us to the west could: obtain this same Tract split simply because they have in excess of 225 feet of frontage; we feel we shouldn't be penalized since we do not have 225 feet or more. This 9.92 acre tract was created by a previous owner more than 36' years ago with apparently no thought given to future: frontage requirements. Within a %z mile radius of this property are numerous one, two, and three acre tractsthat are not in a sub -division, which indicates our proposed tract split will conform with other properties in our district. Also, a representative of Washington County has stated they will approve this proposed split if the City of Fayetteville grants, the variance. Thank you for your consideration. Sincerely Mike G Price July 28, 2008 Planning Commission LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 5 of 8 LSP08-3011 Close Up View PRICE/WHEELER RD Overview Ocarrernst 0 125 250 500 750 1,000 Feet July 28, 2118 Planning Commis n LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 6 of 8 Overview Legend Subject Property Effl LSP08-3011 Boundary 'N., Planning Area a_`V _y Overlay District o Outside City 0 0.25 0.5 Legend NM Hillside -Hilltop Ot 1 erlay District les YI July 28, 2008 arming L,ommi sion LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 7 of 8 July 28, 2008 Planning Commission LSP 08-3011 Price/Wheeler Road Agenda Item 2 Page 8 of 8 tev lle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of July 28, 2008 125 W. Mountain St. Fayetteville, Alt 72701 Telephone: (479) 575-8267 TO: FROM: THRU: DATE: Fayetteville Planning Commission Dara Sanders, Current Planner Matt Casey, Assistant City Engineer Jeremy Pate, Director of Current Planning July 18, 2008 VAC 08-3042: (U OF A RESEARCH CENTER, 600): Submitted by ALLEN JAY YOUNG DEVELOPMENT CONSULTANTS, INC. for property located at N & W OF RESEARCH CENTER BLVD. AND S. SCHOOL AVENUE. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.54 acres. The request is to vacate portions of water/sewer and drainage easements. Planner: Dara Sanders Findings: Property Description: The subject property is located on the University of Arkansas South Campus at the Research Center Boulevard and South School Avenue intersection, north of Cato Springs Road. The 20' drainage easement, located at the northwest corner of the 4.54 -acre property, contains a storm drain and drainage channel. The 20' water and sewer easement, located along a portion of the western boundary of the property, was intended for a waterline to serve a building located on the adjacent property, also owned by the University of Arkansas; however, the waterline is not located within the existing easement (see attached map). Request: The applicant is requesting to vacate the existing drainage easement and reroute the drainage to an alternative location. The applicant also requests to vacate the water/sewer easement and to relocate a portion of the waterline. The required notification forms have been submitted to the City with the result summarized below. CITY OF FAYETTEVILLE- Water/Sewer Engineering RESPONSE No Objection — Do not vacate until the new water main is in service and the new easement has been dedicated. No Objection K:\Reports\2008\PC Reports\14 -July 28\VAC 08-3042 (UA Research Center).doc July 28, 2008 Planning Commission VAC 08-3042 U of A Research Center Agenda Item 3 Page 1 of 8 Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3042 to the City Council with a recommendation of approval with the following conditions of approval: 1. The applicant shall coordinate with the Water and Sewer Division for relocation of the waterline and shall dedicate an associated water and sewer easement prior to the vacation of the existing water and sewer easement. 2. The applicant shall reroute the drainage on the subject property and dedicate an associated drainage easement at the time of development. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 9 Forwarded ❑ Denied ❑ Tabled Date: July 28, 2008 Motion: Second: Vote: 1C\Reports\2008\PC Reports\14 - July 28\VAC 08-3042 (UA Research Center).doc July 28, 2008 Planning Commission VAC 08-3042 U of A Research Center Agenda Item 3 Page 2 of 8 UA Research Center Vacation Request VAC 08-3042 Legend Gravity Main Pressurized Main (WAS) EASEMENT Wash Co Parcels (Fayetteville) July 28, 2008 Planning Commission VAC 08-3042 U of A Research Center Agenda Item 3 Page 3 of 8 . UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: July 23, 2008 UTILITY COMPANY: City of Fayetteville Engineering Division APPLICANT NAME: _University of Arkansas _ APPLICANT PHONE: 575.8411 REQUESTED VACATION (applicant must cheek all that apply): - Utility E•switent TDA'&LYSL- 'E"S-•-tM-o-rF Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley Street right-of-way I have been notified of the petition to vacate the following (alley,fight-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** (ATTACH legal description and graphic representation of what k being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s descr d abov • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Uti ompany Representative 457- moi EU6(iaa, Title July 28, 2008 Planning Commission VAC 08-3042 U of A Research Center Agenda Item 3 Page 4 of 8 Date: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Utility Company: 6 -1/ or Fuye%%/e IAA ter Sed Se1.✓e Applicant Name: v4;Vets •UVJ/ of A/I.unSaS Applicant Phone: 575-Pi1/ REQUESTED VACATION (applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right -o y I have been notified of the petition to vacate the following eaffey, asement r5h ec wzy), described as follows: General location / Address (referring to attached document- must be completed") Vila f er y,J a nice" Ease.., en f Shown en .rittocerc( EA -44;7` 144,4 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. PNo objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: 4 -AOT VAG.AT60 014T1- \JEW WATG2 Mama TC'IM SA&VIGE YJ{IGN Vsat. sr.r4 EAMSt%-NEsit Mfsu. kVatr.4 _ Signature of utility Co .., Representative of S OPP &Vv. it— Title Title Page 5 July 28, 2008 Planning Commission VAC 08-3042 U of A Research Center Agenda Item 3 Page 5 of 8 Written request and narrative to accompany petition packet to vacate a Drainage Easement and a Water/Sewer Easement located on lands owned by the University of Arkansas, within the City of Fayetteville, Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the University of Arkansas, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate a Drainage Easement and a Water/Sewer Easement located wholly within the University of Arkansas property lying north of Cato Springs Road and West of South School, within the City of Fayetteville, Arkansas. The easements are located north of Research Center Blvd (old 20th Street). The only landowner abutting and affected by the vacation of the easements is the University of Arkansas. The Drainage Easement (Instrument #97065793) is for a storm drain and drainage channel that drains a parking area into the existing stream The University of Arkansas is preparing to develop the area and will be removing the storm drain and drainage channel. The drainage will be re-routed through a new drainage system at a different location. If necessary, a new drainage easement will be dedicated at that time. The Water/Sewer Easement (Bk 726, Pg 451) is for a waterline that serves a building on the University of Arkansas property. The waterline currently is not located within this easement. The area that is to be developed will extend over a portion of the existing easement. The new development will require that a portion of the waterline be re -located to a different location. If necessary, a new drainage easement will be dedicated at that time. By vacating the Drainage Easement and the Water/Sewer Easement, the owner would benefit, and no other landowner would be adversely affected. The Drainage Fasement and the Water/Sewer Easement are not a part of any dedicated public right of way and have not been used by the public. The public interest and welfare would not be adversely affected by vacating the easement. Included in the Petition Packet is: 1 Application and Payment of applicable fees for processing the application $200.00. 2 Legal description and exhibit map of area to be vacated. 3 This written description. 4 Names and addresses of adjacent property owners not required as the petitioner is the only affected landowner. Mailing labels not required. 5 A copy of the plat on record in the county assessor's office with the owner's name and parcel number of each adjacent property shown on a scaled up version of the. 6 Petition to vacate the Drainage Easement and Water/Sewer Easement. 7 Written notification of all owners of property adjacent to the easement to be vacated not required. 8 Comments from utilities companies were not required for this filing since no utility company has easement rights except City of Fayetteville, as advised by Andrew Garner at a pre -planning meeting on June 18, 2008. 9 Comments from Fayetteville City Utilities. Allen Jay Young' D6ve m t Consultants, Inc. July 28, 2008 Planning Commission VAC 08-3042 U of A Research Center Agenda Item 3 Page 6 of 8 VAC08-3042 Close Up View U OF A RESEARCH CENTER Overview 0 37.5 75 150 225 300 Feet July 28, 201 Planning Commiss 8 n VAC 08-3042 U of A Research Center Agenda Item 3 Page 7 of 8 U OF A RESEARCH CENTER Rnc: CATO SPRING Legend Subject Property I��YNyh"A� VAC08-3042 Boundary "s../ Planning Area Overlay District Outside City 0 0.25 0.5 Legend Hillside -Hilltop 0 erlay District 1 M les July 28, 2008 Plannin3 Cemrnieehn VAC 08-3042 U of A Research Center Agenda Item 3 Page 8 of 8 . ..: y a! A tlPtl' a.. e.evlfle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer TIIRU: Jeremy Pate, Director of Current Planning DATE: July 22, 2008 Planning Commission Meeting July 28, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 R-PZD 06-2170: Planned Zoning District (VILLAS AT STONEBRIDGE, 645/646): Submitted by APPIAN CENTRE FOR DESIGN for property located S OF HWY. 16E AND E OF GOFF FARM ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 53.03 acres. The request is for zoning, land use and preliminary plat approval for a Residential Planned Zoning District with a maximum of 350 dwelling units and 45,000 s.f of non-residential space all with associated parking. Phase I development approval consists of 91 single family lots. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THAT THE ITEM BE TABLED INDEFINITELY. K:IReportsl20081PC Reports114 - July 2818-PZD 06-2170 (Villas at Stonebridge) Tabled.dac July 28, 2008 Planning Commission R-PZD 06-2170 Villas at Stonebridge Agenda Item 4 Page 1 of 2 July 28, 2008 Planning Commission R-PZD 06-2170 Villas at Stonebridge Agenda Item 4 Page 2 of 2 aye evl le f AR KANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of July 28, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 17, 2008 CUP 08-3039: (FLEET FEET, 213): Submitted by ROBERT SHARP for property located at 1020 HAROLD STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.52 acres. The request is for expansion of the previously approved conditional use permit as a specialty retail establishment (Use Unit 15 Neighborhood Shopping Goods) in the R -O, Residential Office, Zoning District. Planner: Dara Sanders Property description: The subject property is located at the corner of Harold Street and Lee Avenue, east of College Avenue. The 0.52 -acre tract was formerly the Harold Street fire station until the construction of a new fire station on Plainview Drive. In April of 2000, the property was rezoned from R-1, Single -Family Residential to R -O, Residential Office, and purchased by the applicant. In October of 2000, the Planning Commission approved a conditional use permit (CUP 00-26.00) to allow a specialty retail shoe store to operate in the existing structure on the subject property. The staff report and conditions of approval for CUP 00-26.00 are included in the packet. No change of use is proposed. The surrounding land use and zoning is listed in Table 1. Table 1: Surrounding Land Use and Zonin Direction Land Use Zoning North Vacant RSF-4, Single Family Res. 4 DU/Acre South Commercial, Retail, Restaurants C-2, Thoroughfare Commercial East Single family RSF-4, Single Family Res. 4 DU/Acre West Saturn Car Dealership C-2, Thoroughfare Commercial Request: The applicant has submitted a Site Improvement Plan (SIP 08-3038) to expand the existing structure from 2,262 square feet to 3,994 square feet to accommodate the specialty retail business. Expansion to the existing structure and business require Planning Commission approval of a new conditional use permit for the subject property, therefore, the applicant is requesting conditional use approval to expand a specialty retail shoe store in a 3,994 s.f. structure with 15 parking spaces. Adjacent Master Street Plan Streets: Harold Street (Collector Street), Lee Avenue (Local Street). K.: I REPORTS 12 0081 PC REPORTS114 - JULY 281 C UP 08-3039 (FLEET FEET). DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 1 of 20 Access: The existing parking lot is located behind the structure and accessed from Lee Avenue. The applicant proposes to construct 5 additional parking spaces to the current parking lot configuration, for a total of 15 parking spaces. While Chapter 172.10 does not require a bike rack for parking lots with 24 parking spaces or less, staff recommends that the applicant provide a minimum of one (1) bike rack in accordance with the bike rack specification requirements of the Chapter due to the athletic nature of the business, the single-family neighborhood to the north and east of the subject property, and the City's goal to encourage and provide alternative modes of transportation. Screening: Fayetteville Commercial Design Standards require a view -obscuring fence or view - obscuring vegetation between residential uses and all nonresidential uses, including parking lots and access drives. Pursuant to Chapter 166.14(D)(6) and CUP 00-26.00 condition of approval #3, the applicant was required to install a continuous row of evergreen shrubs along the north property line prior to issuance of the Certificate of Occupancy. The shrubs were to obtain a mature height of five (5) feet within three years. If the shrubs did not obtain this height within three years, a wood board fence five (5) feet in height was to be constructed. The shrubs planted after the initial conditional use permit approval did not reach a mature height of five feet within the required time period and many of the shrubs have been removed. As recommended in the conditions of approval, the applicant shall replace the removed shrubs, as well as any shrubs that the Urban Forester identifies as dead or in poor condition. Right-of-way being dedicated: Sufficient right-of-way exists for Harold Street and Lee Avenue to meet the minimum requirements of the Master Street Plan. Sidewalks: Sidewalks currently exist at this location. Water/Sewer: Each tract has access to public water and sewer. RECOMMENDED MOTION: Staff recommends approval of CUP 08-3039 subject to the following conditions: 1. The structure shall only be used as a specialty retail shoe store, as previously approved by the Planning Commission with CUP 00-26.00. Any change of use that is permitted as a conditional use under the R -O zoning regulations shall require conditional use approval by the Planning Commission. 2. Prior to the issuance of a building permit, the applicant shall receive administrative approval of the associate Site Improvement Plan (SIP 08-3038). Should the conditional use request be denied, SIP 08-3038 shall be null and void. 3. Pursuant to Chapter 166.14(D)(6) and CUP 00-26.00 condition of approval #3, the applicant shall install a continuous row of evergreen shrubs along the north property line prior to issuance of the Certificate of Occupancy. The shrubs shall obtain a mature height of five (5) feet within three years. If the shrubs do not obtain this height within three years, a wood board fence five (5) feet in height shall be constructed. The applicant shall replace K: I REPORTSI20081 PC REPORTSU 4 - JULY 281 CUP 08-3039 (FLEET FEETJ. DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 2 of 20 all required shrubs that have been removed, as well as any shrubs that the Urban Forester identifies as dead or in poor condition. All landscaping to be installed shall be indicated on the submitted landscape plan. 4. The parking lot shall contain a maximum of 15 parking spaces. No additional parking spaces or access drives shall be constructed. 5. Staff recommends that the applicant provide a minimum of one bike rack in accordance with the bike rack specification requirements of Chapter 172.10 due to the athletic nature of the business, the single-family neighborhood to the north and east of the subject property, and the City's goal to encourage and provide alternative modes of transportation. 6. The hours of operation shall be limited to Monday through Friday from 10:00 AM to 7:00 PM, Saturday from 10:00 AM to 6:00 PM, and Sunday from 1:00 PM to 5:00 PM. 7. All lighting shall comply with the City's Outdoor Lighting Ordinance. 8. Signage shall be wall mounted. Freestanding or monument signs shall not be permitted. 9. Pursuant to Chapter 166.14(D)(4)(b), the trash enclosure shall be screened with materials that are compatible with and complementary to the principal structure. 10. Prior to the issuance of a building permit, the applicant shall obtain approval of SIP 08- 3038. PLANNING COMMISSION ACTION: Required YES ❑ Approved Motion: Second: Vote: Meeting Date: July 28, 2008 ❑ Denied ❑ Tabled FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These areas are almost exclusively residential in nature, with conventional setbacks. This zone recognizes conventional subdivision development but encourages traditional neighborhood development that incorporates low -intensity non-residential uses. 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: K: I REPORTS120081 PC REPORTSV 4 - JULY 281 C UP 08-3039 (FLEET FEET). DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 3 of 20 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 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 conditional use approval for an expansion of the approved retail establishment in the R -O zoning district. 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 Chapter 163.13 to grant the requested conditional use permit, allowing an expansion to the existing permitted use. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use will not adversely affect the public interest. The subject property and use contributes to the welfare of the neighborhood, serving as an appropriate transition between the car dealership in the C-2 zoning district to the west and the single-family neighborhood in the RSF-4 zoning district to the north and east. The proposed addition is to the west of the existing structure, adjacent to the C-2 zoning district. K: I REPORTSI20081 PC REPORTSII4 - JULY 281 CUP 08-3039 (FLEET FEET). DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 4 of 20 (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with 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: The subject property contained two curb cuts prior to the conditional use approval in 2000. The conditions of approval associated with the first conditional use request (CUP 00-26.00) required that the applicant remove access to Harold Street and relocate and reconstruct the driveway on Lee Avenue to its current location. The applicant does not propose to change the current access to the property. (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: Pursuant to Chapter 166.14(D)(6) and CUP 00-26.00 condition of approval #3, the applicant was required to plant a continuous row of evergreen shrubs along the north property line, prior to issuance of the Certificate of Occupancy, to screen the parking lot and non-residential use from the adjacent property to the north, zoned RSF-4. The shrubs were to obtain a mature height of five (5) feet within three years. If the shrubs did not obtain this height within three years, a wood board fence five (5) feet in height shall be constructed. The shrubs planted after the initial approval did not reach a mature height of five feet within the required time period and many have been removed. The applicant shall replace the removed shrubs, as well as any shrubs that the Urban Forester identifies as dead or in poor condition, to create substantial screening. The parking lot shall contain a maximum of 15 parking spaces. No additional parking spaces or access drives shall be constructed. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, K: I REPORTS120081 PC REPORTS I F 4 - JULY 281 C UP 08-3039 (FLEET FEED.DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 5 of 20 Finding: Pursuant to Chapter 166.14(D)(4)(b), the trash enclosure shall be screened with materials that are compatible with and complementary to the principal structure. The applicant shall submit elevations of the proposed dumpster with the building permit request. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: The subject property has access to public sewer and water service. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Pursuant to Chapter 166.14(D)(6) and CUP 00-26.00 condition of approval #3, the applicant was required to plant a continuous row of evergreen shrubs along the north property line, prior to issuance of the Certificate of Occupancy, to screen the parking lot and non-residential use from the adjacent property to the north, zoned RSF-4. The shrubs were to obtain a mature height of five (5) feet within three years. If the shrubs did not obtain this height within three years, a wood board fence five (5) feet in height shall be constructed. The shrubs planted after the initial approval did not reach a mature height of five feet within the required time period and many have been removed. The applicant shall replace the removed shrubs, as well as any shrubs that the Urban Forester identifies as dead or in poor condition, to create substantial screening. (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: Signage shall be wall mounted. Freestanding or monument signs shall not be permitted. All outdoor lighting shall comply with the City's Outdoor Lighting Ordinance. The applicant shall submit manufacture cut sheets with the building permit request. Staff will verify compliance with the Outdoor Lighting Ordinance at the time of inspection. (g.) Required setbacks and other open space; and Finding: The proposed development shall meet all bulk and area requirements for the R- 0 zoning district. (h.) General compatibility with adjacent properties and other property in the district. Finding: In October of 2000, staff found that use to be compatible with adjacent properties and consistent with other properties in the R -O zoning district. Staff finds that the expansion of the existing use is compatible with the adjacent properties and K: I REPORTSI20081 PC REPORTS174 - JULY 28I CUP 08-3039 (FLEET FEET). DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 6 of 20 surrounding neighborhood, as it serves as an appropriate transition between the car dealership to the west and the single family neighborhood to the north and east. Staff has not received complaints for the subject property since the use was approved in October of 2000. K: I REPORTSI20081 PC REPORTSII4 - JULY 281 CUP 08-3039 (FLEET FEET). DOC July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 7 of 20 k July 28, 2008 Planning Commission CUP 08-3039 Fleet Feet Agenda Item 5 Page 8 of 20