HomeMy WebLinkAbout2009-07-13 - Agendas - Final lile a e ev
ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Tuesday,July 13,2009,5:30 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
If you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. Please keep
your comments brief,to the point, and relevant to the agenda item being considered so that everyone
has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning
Commission.
2009 Planning Commissioners
Sean Trumbo
Matthew Cabe James Graves
Porter Winston Andy Lack
Christine Myres Jeremy Kennedy
Jim Zant Craig Honchell
a ee;i
ARKANSAS TENTATIVE AGENDA
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telep6ne:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
MONDAY,JULY 13, 2009, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
ConsentA,penda:
1. Approval of the minutes from the Monday, June 22, 2009 meeting.
2. ADM 09-3351: (BANK OF THE OZARKS 2nd EXTENSION, 174): Submitted by
CRAFTON, TULL, SPARKS & ASSOCIATES. The request is for a second extension of
the approved Large Scale Development, LSD 07-2584. Planner: Jesse Fulcher
Unfinished Business:
None.
New Business:
3. ADM 09-3366: (ABSHIER HEIGHTS, 407): Submitted by H2 ENGINEERING,
INC. for property located at THE NORTHWEST CORNER OF ABSHIER DR. AND
HILLCREST AVE. The property is zoned R-PZD 06-1883 RESIDENTIAL-PLANNED
ZONING DISTRICT, ABSHIER HEIGHTS and contains approximately 4.11 acres. The
request is to create zoning criteria to allow the condominium units to be sold as
townhouses. No additional units are proposed. Planner: Jesse Fulcher
4. ADM 09-3362: (LOVING CHOICES, 522): Submitted by LOVING CHOICES
PREGNANCY CENTERS for property located at 275 S. DUNCAN AVENUE. The
property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS PER ACRE.
The request is for a modification to a condition of approval to the Conditional Use
Permit, CUP 07-2420 Loving Choices, regarding hours of operation.
Planner: Data Sanders
5. CUP 09-3350: (DOC MASHBURN PARK, 565): Submitted by CITY OF
FAYETTEVILLE PARKS DIVISION for property located at 1582 FAIRLANE
STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately
1.34 acres. The request is for a reduction in off-street parking.
Planner: Data Sanders
6. LSD 09-3339: (DOC MASHBURN PARK, 565): Submitted by CITY OF
FAYETTEVILLE PARKS DIVISION for property located at 1582 FAIRLANE
STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately
1.34 acres. The request is to construct a City of Fayetteville park on the subject property.
Planner: Dara Sanders
7. PPL 09-3316: (AMBERWOOD PLACE R-PZD, 474/475): Submitted by JUSTIN
JORGENSEN for property located at S OF DOT TIPTON RD AND E OF DOUBLE
SPRINGS RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 39.98 acres. The request is for preliminary plat
approval of a subdivision with 145 residential units.
Planner: Andrew Garner
8. CUP 09-3342: (K. VERDECIA / FAIRFAX STREET, 362): Submitted by
KRISTY VERDECIA for property located at 3352 W. FAIRFAX STREET. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 0.22 acres. The request is for an in-home daycare.
Planner: Dara Sanders
9. CUP 09-3343: (ROBINSON / E. JOYCE / VENDOR, 177): Submitted by JIM
ROBINSON for property located at 2999 E. JOYCE BOULEVARD. The property is
zoned R-O, RESIDENTIAL OFFICE and contains approximately 5.65 acres. The
request is for temporary seasonal fruit and vegetable vendor in the R-O zoning district.
Planner: Jesse Fulcher
10. RZN 09-3344: (ESPINO-MADEWELL/E.HUNTSVILLE, 529): Submitted by
ERIC HELLER for property located at 3695 E. HUNTSVILLE ROAD. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.64
acres. The request is to rezone the subject property to R-O, Residential Office.
Planner: Jesse Fulcher
11. ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by
City Planning Staff. The request is to amend Chapter 166.23 Urban Residential Design
Standards in order to clarify parking lot location standards.
Planner: Jesse Fulcher
12. ADM 09-3345: (UDC AMENDMENTS): Submitted by City Planning Staff. The
request is to amend several chapters of the Unified Development Code for clarity and
consistency in language, cross referencing, and other requirements.
Planner: Dara Sanders
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments
and other pertinent data are open and available for inspection in the office of City Planning(575-8267), 125
West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required.
For further information or to request an interpreter,please call 575-8330.
3 _ PC Meeting of July 13, 2009
ARKANSAS
i
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate,-Development Services Director
DATE: July 8, 2009
ADM 09-3351: (BANK OF THE OZARKS 2nd EXTENSION, 174): Submitted by CRAFTON,
TULL, SPARKS & ASSOCIATES. The request is for a second extension of the approved Large
Scale Development, LSD 07-2584. Planner: Jesse Fulcher
BACKGROUND
Property Description: The subject property is located at the southeast corner of Joyce Boulevard and
Vantage Drive. The 1-acre tract is zoned C-2, Thoroughfare Commercial.
Background: The original Large Scale Development request was approved by the Subdivision
Committee on June 14, 2007 for the construction of a 5,172 sq. ft. bank building with 34 parking
spaces.The Planning Commission granted a one-year extension(ADM 08-3031)to June 14,2009 to
obtain all required permits to begin construction. However,the applicant has stated that construction
of the project has been delayed due to a decline in the local economy and market and that they plan
to complete construction within a year.
Proposal: The applicant requests a final extension for the approval of the Large Scale Development
for one year, to expire on June 14, 2010. The Planning Department received the applicant's
extension request on June 11,2009,within the required one year time limit. Should this extension
be granted, all permits necessary for construction are required to be issued before the one-year
extended deadline. If the permits are not issued prior to June 14,2010,all of the approved plans for
the project shall be rendered null and void.
RECOMMENDATION
Staff recommends approval of ADM 09-3351,the requested extensionto LSD 07-2584(Bank of the
Ozarks), with the following conditions:
1. The applicant shall be allowed until June 14, 2010 to receive all permits and approvals
required to complete construction of the development or project. If all permits have not been
received by this time,the Large Scale Development approval shall be revoked.
K.IReports120091PC Reportsll6-July 13UIDM 09-3351(Bank of the Ozarks 2nd Exfensroa).doc
July 13,2009
Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 1 of 10
2. All other conditions of approval LSD 07-2584 shall remain applicable.
DISCUSSION
The City of Fayetteville Unified Development Code(UDC)Section 166.20(B)(4)gives the Planning
Commission authority to extend approval of a large scale development prior to the expiration of any
allowed extension period (maximum of two years from the date of original approval). In order to
extend this approval, the applicant must: (1)request the extension prior to the one year time limit,
and (2) show good cause why the tasks could not reasonably be completed within the normal one
year. If the one year extension is granted, it is within this time that the applicant shall receive all
permits and approvals as required by City, State,and Federal regulations to start construction of the
development or project. Extensions beyond three (3) years from the original date of approval shall
not be permitted.
(1) The applicant has submitted the extension request to the Planning Division on June 11,2009,
prior to the one year time limit ending June 14, 2009.
(2) The applicant has stated that construction of the project has been delayed due to a decline in
the local economy and market but that they plan to complete construction within a year.
PLANNING COMMISSION ACTION:
O Approved O Denied O Tabled
Motion:
Second:
Vote:
Meeting Date July 13,2009
The "Conditions of Approval"listed in the report above are accepted in total without exception by
the entity requesting approval of this development item.
Signature Date
K:IReporas20091PCReporisll6-Julyl3LIDM09-3351(Bank ofthe Ozarks2ndatension).doc
July 13,2009
Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 2 of 10
LSD 07-2584
Page I
n SC Meeting of June 14, 2007
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
AR 72701
PLANNING DIVISION CORRESPONDENCE TelFayetteville, 57lephone:(479)575-8267-8267
TO: Subdivision Committee Members
FROM: Jesse Fulcher, Current Planner
Matt Casey, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: Tune 13, 2007 Updated June 14, 2007
LSD 07-2584: Large Scale Development (BANK OF THE OZARKS JOYCE, 175):
Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at THE SE
CORNER OF JOYCE AND VANTAGE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 1.00 acres. The request is for a 2,784 s.f. bank
building with associated parking.
Property Owner: Bank of the Ozarks
Planner: Jesse Fulcher
Findings:
Property&Proposal: The subject property is located at the southeast corner of Joyce Boulevard and
Vantage Drive. It is zoned C-2 Thoroughfare Commercial. The owners are proposing a 5,172 sq. ft.
bank building with 34 parking spaces. There is an existing, shared driveway on the property which
will be utilized. The applicant also requests a second driveway to the west, approximately centered
on the lot. Surrounding land use and zoning is listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North United States Post Office R-0
South Undeveloped C-2
East Bank C-1
West Office Building C-2
Right-of-way being dedicated: 55' from centerline right-of-way for Joyce Boulevard and 35' from
centerline along Vantage Drive.
Adjacent Master Street Plan Streets: Joyce Boulevard(principal arterial); Vantage Drive (collector).
Water/Sewer: Water and sewer service is available to the proposed structure.
Tree Preservation: Existing Tree Canopy: 0.046%
July 13,2009
K.IReportsl20071SCReports106-14-071LSD 07-2584(Bank ofthe Ozarks_Joyce).doc Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 3 of 10
LSD 07-2584
Page 2
Tree Canopy Preserved: 0.046%
Mitigation: Before a Certificate of Occupancy is granted,
the relocated pin oak will be inspected for
health. Mitigation will be required if this oak
does not survive the transplanting process.
Public Comment: No public comment received.
Recommendation: Staff recommends approval of LSD 07-2584 with the following conditions:
Conditions of Approval:
1. Subdivision Committee determination of Commercial Design Standards and compatibility
with the surrounding commercial developments. Staff finds that the proposed building
elevations and materials sample board depict a structure that is well-articulated and
compatible with surrounding developments.
6/14/07: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE PROPOSED
ELEVATIONS.
2. Subdivision Committee determination of street improvements. Staff recommends the
following street improvements:
a. A 6'-wide sidewalk shall be completed along the property frontage of Vantage and
continue along the private drive to the east. Any damage to existing sidewalk shall
be repaired/replaced prior to Certificate of Occupancy.
b. If adequate right-of-way exists, extend the proposed sidewalk along the east side of
Vantage to meet Mud Creek Trail.
C. Prior to issuance of a building permit the applicant shall pay an assessment for a
bridge over Mud Creek. The amount of the assessment shall be $36,03600 as
referenced in the attached memo from the City Engineering Division.
6/14/07: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE RECOMMENDED
STREET IMPROVEMENTS.
3. The applicant shall dedicate an access easement through the parking lot drive aisles. This
access easement shall be reflected on the easement plat. Cross access shall be provided to
property to the east at the time of development.
4. Right-of-way dedication in the amount of 55' from centerline along Joyce Boulevard and 35'
from centerline along Vantage Drive prior to issuance of a building permit.
5. Street lights are required to be installed every 300' along the property's frontage prior to the
issuance of a Certificate of Occupancy. The applicant shall show the location of all existing
and proposed street lights along Joyce Boulevard and Vantage Drive in the project vicinity.
6. All proposed signs shall be permitted separately from the large scale development proposal,
by a Sign Permit application and Certificate of Zoning Compliance.
July 13,2009
K.IReports1200713C Reportsl06-14-071LSD 07-2584(Bank of the Ozarks_Joyce).doc Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 4 of 10
LSD 07-2584
Page
7. The GIS Division shall approve the legal description and all other survey requirements.
Landscape Conditions:
8. Prior to building permit, a cost estimate for all required landscape is to be submitted to the
Urban Forester for review. Once approval is gained, a guarantee is to be issued (bond/letter
of credit/cash) for 150% of the cost of the materials and installation of the plants. This
guarantee will be held until the improvements are installed and inspected, at the time of
Certificate of Occupancy.
9. Under the new Landscape Regulations Chapter 177, street trees must be bonded for a 3 year
period. This bond is for the maintenance of the trees. This amount must be deposited with
the City before issuance of a final certificate of occupancy.
Tree Preservation Condition:
10. Before a Certificate of Occupancy is granted, the relocated pin oak will be inspected for
health. Mitigation will be required if this oak does not survive the transplanting process.
Standard Conditions of Approval:
11. 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).
12. Staff approval of final detailed plans, specifications and calculations (where applicable) for
grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review process
was reviewed for general concept only. All public improvements are subject to additional
review and approval. All improvements shall comply with City's current requirements.
13. Any required trash enclosure shall be screened with access not visible from the street. The
trash enclosures shall be constructed with materials that are complimentary to and compatible
with the proposed building. A detail of the proposed screening shall be submitted and
approved by the Planning Division prior to issuance of the building permit. Any additional
dumpsters located on site shall be screened from the right-of-way.
14. All mechanical/utility equipment (roof and ground mounted) shall be screened using
materials that are compatible with and incorporated into the structure. A note shall be
clearly placed on the plat and all construction documents indicating this requirement.
15. All exterior lights shall be reviewed at the time of building permit submission for compliance
with the Outdoor Lighting Ordinance.
16. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall
be located underground.
17. Large scale development shall be valid for one calendar year.
18. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the
July 13,2009
K.IReports120071SC Reports106-14-071LSD 07-2584.(Bank of the Ozarks_foyce).doc Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 5 of 10
LSD 07-2584
Page 4
Landscape Administrator for review. Once approval is gained, a guarantee is to be issued
(bond/letter of credit/cash) for 150%of the cost of the materials and installation of the plants.
This guarantee will be held until the improvements are installed and inspected, at the time of
Certificate of Occupancy.
19. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree protection measures
prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area and
all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing landscape plans including tree
preservation measures submitted to the Landscape Administrator.
20. Completion of all required improvements or the placement of a surety with the City (letter of
credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed
Improvements" to guarantee all incomplete improvements. Further, all improvements
necessary to serve the site and protect public safety must be completed, not just guaranteed,
prior to the issuance of a Certificate of Occupancy.
Additional Conditions:
a.
b.
Subdivision Committee Action: Approved O Forwarded to P.C. ❑ Tabled
Motion: Graves
Second: Bryant
Vote: 3-0-0
Meeting Date: June 14.2007
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception by
the entity requesting approval of this development item.
Signature Date
July 13,2009
K:IReports120071SC Reports106-14-071LSD 07-2584(Bank ojthe Ozarks_Joyce).doc Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 6 of 10
er- Bank of the Ozarks LSPff'Extension
Jesse Futcher pdf...
473,61'M,838 t 4 r1'<!6,422e 1
Crofton Tull Sparks
June 11,2009
Mr.Jesse Fulcher
City of Fayetteville
113 W. Mountian Street
Fayetteville AR,72701
RE: Extension of LSDP
Bank of the Ozarks,Joyce Blvd
CTSA#067118-00
Dear Mr.Fulcher,
On behalf of our client,Bank of the Ozarks,we would like to request a one year
extension of the approved LSDP. Conditions in the economy and market have caused the
project to be delayed on the bank's construction schedule to 2010. We apologize for any
inconvenience this may have caused the City of Fayetteville and we appreciate your
willingness to review this request. If you have any further questions or concerns please
do not hesitate to call or email.
Sincerely,
JonZnEly,E.1.,LEZDAP
Direct:479-878-2432
Fax:479-631-6224
Mobile:479-586-5647
Jonatlian.ElyO,craftontullsparks.com
July 13,2009
Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 7 of 10
ADM09-3351 BANK OF THE OZARKS
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July 13,2009
Planning Commission
ADM 09-3351 Bank of the Ozarks
Agenda Item 2
Page 10 of 10
P AIX T 1
V&_ 12 PC Meeting of July 13, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 7, 2009
ADM 09-3366: (ABSHIER HEIGHTS, 407): Submitted by H2 ENGINEERING, INC. for
property located at THE NORTHWEST CORNER OF ABSHIER DR. AND HILLCREST AVE.
The property is zoned R-PZD 06-1883 RESIDENTIAL-PLANNED ZONING DISTRICT,
ABSHIER HEIGHTS and contains approximately 4.11 acres. The request is to create zoning criteria
to allow the condominium units to be sold as townhouses. No additional units are proposed.
Planner: JESSE FULCHER
BACKGROUND
Property Description and Background: The subject property consists of approximately 4.11 acres.
located at the northwest corner of Abshier Drive and Hillcrest Avenue. The Fayetteville City
Council approved R-PZD 06-1883 (Abshier Heights)on April 4,2006 for zoning and development
approval of a residential development with 24 dwelling in six buildings. Individual lots were not
created for any of the buildings or dwelling units, since the development was proposed for
condominium sales.
Proposal: The applicant requests a modification to the approved zoning criteria to create bulk and
area requirements, so that the condominium units may be developed as townhouses and sold
individually(see Table 1). The request does not materially alter density,number of dwelling units,
greenspace,etc.;rather,it simply would permit the dwellings to be sold as separate units on separate
lots. Approval of a concurrent plat by the Planning Commission will be required if the requested
modifications are approved. All of the zoning criteria approved with the original PZD will remain in
place including the maximum number of dwelling units. A copy of the revised zoning criteria and
plat are included with this report.
Table I
Existing Requested
Minimum Lot Area=N/A Minimum Lot Area=900 sq.ft.
Minimum Lot Width=N/A Minimum Lot Width=20'
*Exterior Setbacks=25' Front, 8' Side, 15'Rear *Exterior Setbacks=25'Front, 8' Side, 15' Rear
**Interior Setbacks=0'Front,0' Side,0' Rear
*Exterior setbacks are measured from the boundary of PZD property,as originally approved.
**Interior setbacks are for the individual townhome lots(Lots 1-24),allowing common wall development.
K.IReporis12009TC Reportsl M-July I3WDM 09-3366(Abshier Heights PZD Modication).doc
July 13,2009
Planning Commission
ADM 09-3366 Abshier Heights
Agenda Item 3
Page 1 of 6
RECOMMENDATION
The original zoning standards for this development were created based on a condominium
arrangement, where certain bulk and area requirements weren't necessary to create. However, in
order for these same dwellings to be sold as townhomes,these basic bulk and area requirements must
be created and/or amended. Creating lot area and lot width requirements will allow the applicant to
create lots for each of the 24-units original approved, and reducing the building setbacks to 0' will
allow for common walls between the units in each building. Approval of the modification will not
permit any additional units to be created within the development as the maximum density is
established to allow only 24 units.
Staff recommends that the request be forwarded to the City Council with a recommendation
for approval,finding that the requested modification will not alter the character or nature of
the development subject to the following conditions:
1. Subdivision approval by Planning Commission shall be required to be approved and
recorded.
2. The following items shall be addressed prior to City Council review.
a. Include the exterior and interior setbacks on the plats as noted herein.
b. Reduce the minimum lot area to a whole number.
Planning Commission Action: O Forwarded O Tabled O Denied
Motion:
Second:
Vote:
Meeting Date: July 13,2009
KlReporfsl20091PC Reportsll6-July 13WDM 09-3366(Ahshier Heights PZD Modication).doc _
July 13,2009
Planning Commission
ADM 09-3366 Abshier Heights
Agenda Item 3
Page 2 of 6
<HX
ENQI14EERI14G, 1140.
July 6, 2009
City of Fayetteville
Planning Division
113 West Mountain Street
Fayetteville,AR 72701
RE: ABSHIER HEIGHTS -R-PZD 06-1883
REQUEST FOR MAJOR MODIFICATION
To Whom It May Concern:
Please accept this correspondence as an official request for a major modification for the
approved zoning district R-PZD 06-1883 (Abshier Heights). This proposed modification reflects
individual lots for each residential property and common properties. This request is the result of
limited financing options for buyers of condominium properties. This modification will not
change the original use or design of any structures.
This request has no impact on tree preservation or increase in stormwater runoff. We are simply
trying to associate a property boundary with each residential unit.
Thank you for your consideration in this matter.
Respectfully,
Kipp Hearne,P.E.
July 113,,92000099 ��,
2827 Millennium Drive Suite 2 Fayetteville, Arkansas 72703 Phone. 479.582.423fvbr�'e9*�sJA Se'�r�P&Ws54
Agenda Item 3
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July 13,2009
Planning Commission
ADM 09-3366 Abshier Heights
Agenda Item 3
Page 6 of 6
7aye
jI
PC Meeting of July 13, 2009
AR
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Development Services
DATE: July 6, 2009
ADM 09-3362: (LOVING CHOICES, 522): Submitted by LOVING CHOICES
PREGNANCY CENTERS for property located at 275 S. DUNCAN AVENUE. The property is
zoned RMF-40, RESIDENTIAL MULTI-FAMILY 40 UNITS PER ACRE. The request is for a
modification to a condition of approval to the Conditional Use Permit, CUP 07-2420 Loving
Choices, regarding hours of operation. Planner: Dara Sanders
Findings:
Property Description & Background: The property is located at the northwest corner of Duncan
Avenue and Stone Street. Property to the south is developed for a church and Fayetteville High
School is to the west. Surrounding residential properties consist of single familyandmulti-
family dwellings.
The original Conditional Use was approved by the Planning Commission on January 22, 2007
for a Professional Office (Use Unit 25) in the RMF-40 zoning district, specifically for Loving
Choices, a non-profit pregnancy resource center that provides counseling options for all clients,
limited medical services in the forms of pregnancy testing and obstetrical level one limited
ultrasound exams. Upon approval of the conditional use permit, the new structure on the site was
constructed in a residential form for compatibility with the surrounding neighborhood.
A condition of approval limited the days and hours of operation to three (3) day per week from
9:00 AM through 4:00 PM. Since receiving approval, the applicant has contacted the
surrounding residents to gain support for the proposed extended days and hours of operation.
Letters of support are included in the packet.
Request: The applicant requests to amend the approval of the Conditional Use Permit to allow
for the business to operate Monday through Friday from 9:00 AM to 4:00 PM and to allow for
occasional use of the site on the weekend for small private meetings. The applicant does not
proposed to be open to the public for appointment on the weekends.
RECOMMENDATION
Staff recommends approval of ADM 09-3362, the requested amendment to CUP 07-2420, with
K.IReports120091PCReportsV6-July 13WDM09-3362(Loving Choices).doc '
July 13,2009
Planning Commission
ADM 09-3362 Loving Choices
Agenda Item 4
Page 1 of 20
the following conditions:
1. Hours of operation shall be limited to Monday through Friday from 9:00 AM to 4:00 PM
and with limited use for private one-on-one sessions or small group meetings on the
weekend. Should the Planning Division receive valid complaints regarding noise, excess
traffic/parking, or other detrimental impacts directly related to the extended hours of
operation, this condition of approval extending the days and operation may be re-
evaluated by the Planning Commission.
2. All other conditions of approval for the conditional use shall remain applicable.
Planning Commission Action: Approved Tabled Denied
Motion:
Second:
Vote:
Meeting Date: July 13, 2008
The Conditions of Approval listed in the report above are accepted in total without exception by
the entity requesting approval of this development item.
Signature Date
K IReportseOWPC Reportsll6-July 13WDM 09-3362(Loving Choices).doc
July 13,2009
Planning Commission
ADM 09-3362 Loving Choices
Agenda Item 4
Page 2 of 20
u
loving
^`1 On^n^ 801 m. 7th St.75 Fay S. dean Ave.
c cf'` G/J `G eJ Rogers. AR 72756 Fayetteville. AR 72701
(479) 631-6677 (479) 521-6677
Pregnancy Gntere of Narthw Arkaneae in'oNovin9choices.or9 www.Iovin9ahuiaee.o9
Northwest Arkansas Women's Resources, Inc.
dba Loving Choices Pregnancy Centers of NWA
275 S. Duncan Avenue
Fayetteville, Arkansas 72701
June 18, 2009
VN14e,, Fayetteville Planning Commission
�y City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Fayetteville Planning Commission:
I am writing you concerning our desire to remove all restrictions on our operating hours
per our conditional use permit(CUP 07-2420). It is our desire to have our regular
' J business hours be Mondays— Fridays and have very occasional use of our property on
f the weekends for private one-on-one sessions with clients or for small group meetings
for our clients. As it stands today, we are only allowed to operate three days a week.
Loving Choices Pregnancy Centers of NWA has been in Northwest Arkansas since
1987. In October, 2007 we opened our second location at the corner of Duncan Avenue
and Stone Street with a brand new building. Though we are in a residential area, we
are next to a Chinese church and across the street from Fayetteville High School.
413,1 Our services to the community are targeted to women experiencing an unplanned
' pregnancy. We offer options counseling, pregnancy testing, limited obstetrical
ultrasounds, STD/STI testing, parenting classes, mentoring relationships, community
service referrals, post-abortion support, live online help, and adoption planning. All of
our services are FREE and CONFIDENTIAL to any women in need.
r We are submitting with this letter recommendations from our neighbors giving their
' permission for us to expand our hours because we have been not only well received as
a "nice and quiet neighbor' but because we have been seen as a useful and seen as
s providing a needed service for the students of Fayetteville High School. Please note
two letters of recommendation written by employees of Fayetteville High School as well
F�
as the petition that we wrote up and had our surrounding neighbors sign.
15
The staff and board of Loving Choices Pregnancy Centers of NWA are deeply hopeful
that you will remove our operating hours restrictions so that we can continue to serve the
t women in need who need more flexibility from us in operating hours.
Ly Sincerely,
July 13,2009
Planning Commission
ADM 09-3362 Loving Choices
Agenda Item 4
,r Page 3 of 20
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Agenda Item 4
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Dear City Planning Commission:
I am signing this letter in reference to Loving Choices Pregnancy Centers of NWA in Fayetteville and their
desire turemove the current restriction ontheir operating hours.
Loving Choices has been an asset to the community here in Fayetteville,Arkansas. They are here to �
�
serve the community and wocould only benefit from them being open 5days uweek. Loving Choices
has not caused any noise, nuisance or traffic issues since their existence here. Also, I feel that they have
increased the worth of our neighborhood with their beautiful new building.
I do not see an increase in hours for Loving Choices creating a problem for our neighborhood. | �
recommend that you remove any restriction(s)on Loving Choices that limits their operating hours.
`
Thank you.
Signature:
Printed Name:
Address: �
Phone: �
Relationship: ziWighbor oFriend ufLoving Choices oFayetteville High School oOthor_______
Signature: �
Printed Name:
Address:
Phone: �
Relationship: m6"iQhbor oFriend ufLoving Choices oFayetteville High School oOtho[______ ^
Printed Name: Wap- 14yse
Address: 0
Phone: IC7-5359
x
��
Relationship: � /veighbur oFriend ofLoving Choices oFayetteville HighSohoo| oOthe[_______ �
Signature:
Printed
�
Address:
Phone:
Relationship: eighbor riend of Loving Choices oFayetteville High School o [Vhor_______ `
/
July 13.2oo9
'
Planning Commission
ADM oy' o6uLoving Choices !
Agenda Item 4
Page 7v/oo .
June 1, 2009
Dear Fayetteville City Council,
I'm writing in support of Loving Choices being operational 5 days a week instead of the
current schedule of only 3 days a week.
As school social worker at the alternative program (ALLPS) at Fayetteville High School,
I often refer my students to Loving Choices. It is so convenient to have an organization
right across the street from the high school that provides free and confidential pregnancy
testing,parenting education, counseling, and now STD testing. Students can go during
their lunch or after school to get help without missing class.
Loving Choices has been a huge asset in the Teen Parent Group I run at the high school.
They provide parenting and pregnancy educational videos in a wide range of topics and
for attending the group the teens receive "Mommy Bucks"which they can trade in for
supplies at Loving Choices such as diapers, maternity clothes, formula, strollers,baby
clothes, etc. Teens from the group often visit the nurse at Loving Choices to receive a
free ultra sound and ask questions they might have throughout their pregnancy.
Loving Choices could serve more students and be more involved with the Teen Parenting
Group if they were open 5 days a week. I often have students that are upset and scared
they might be pregnant and have to wait a few days until Loving Choices is open to take
a pregnancy test. They are often distracted and don't perform to their best ability in class
when they are worried about being pregnant.
Teens often don't seek out STD testing because of lack of money, lack of transportation,
and lack of confidentiality. Having Loving Choices in their location with extended hours
would break down most of the barriers that are preventing teens from getting tested.
I urge you to consider allowing Loving Choices to be open 5 days a week to better serve
our community.
Sincerely,
Rachel Reedy, LMSW
July 13,2009
Planning Commission
ADM 09-3362 Loving Choices
Agenda Item 4
Page 8 of 20
FPS
T/1e ane Q��` off' eduC_cZC`iorr
June 4, 2009
Dear Fayetteville City Council,
I am writing to acknowledge the services Loving Choices has provided to
several of our pregnant and parenting students at Fayetteville High School.
A number of our students have benefited from the education, support, and
supplies Loving Choices provides. These services have assisted several of
our students as they work toward completing high school.
Sincerely,
Kim Buck
Social Work Coordinator
Fayetteville Public Schools
FAYETTEVILLE PUBLIC SCHOOLS July 13,2009
1000 WEST STONE STREET•FAYETTTEVILLE,ARKANSAS 72701 Planning Commission
ADM 09-3362 Loving Choices
PHONES (479) 444-3000 •FAX (479) 444-3004•WWWFAYAR.NET Agenda Item 4
Page 9 of 20
- yr � PC Meeting of January 22, 2007
g
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: January 18, 2007 Updated January 23, 2007
CUP 07-2420: (LOVING CHOICES,522): Submitted by KATIE ALLEN for property located at
275 S. DUNCAN AVENUE, NE NW CORNER OF DUNCAN AND STONE STREET. The
property is zoned RMF-40,MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.20
acres. The request is for the establishment of a professional office(Use Unit 25), specifically for a
welfare agency. Planner:Suzanne Morgan
RECOMMENDED MOTION:
Staff recommends approval of the conditional use permit for Use Unit 25,Professional Office,
at 275 S.Duncan Avenue,specifically for a welfare agency as described herein,subject to the
following conditions:
1. Planning Commission approval of a shared parking agreement between the proposed
professional office and the adjacent property utilized for First Baptist Church located
at 301 S. Duncan Avenue. The agreement will allow the proposed development to
utilize four (4) parking spaces within the church's parking lot. Staff recommends
approval of the shared parking agreement,finding that the uses are intermittent with
nonconflicting parking demands.
2. Approval of the conditional use permit is subject to compliance with the operation as
described by the applicant regarding employees, hours of operations, etc,specifically
allowing the center to be open 3 days per week with operation hours from 9 A to 4 PM
and a maximum 4 employees and 2 volunteers on site at any one time. Any substantial
violation to any term or condition of the conditional use shall be investigated by the
Zoning and Development Administrator for review. If determined that the holder has
violated the terms of the conditional use and fails to promptly and voluntarily correct
its failures, the existing conditional use shall be referred to the Planning Commission
for its review.
3. The applicant shall arrange for appropriate trash disposal with the Solid Waste and
Recycling Division. Any trash and/or recycling receptacles shall be stored in a screened
K.IReports120071PC Reports101-22-071CUP 07-2420(Loving Choices).doc
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Planning Commission
ADM 09-3362 Loving Choices
Agenda Item 4
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