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HomeMy WebLinkAbout2011-11-28 - 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 November 28, 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 November 28, 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 Consent: 1. Approval of the minutes from the November 14, 2011 meeting. Old Business: 2. 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. Planner: Jesse Fulcher STAFF RECOMMENDS THIS ITEM BE TABLED INDEFINITELY New Business: 3. 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 4. 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. Planner: Andrew Garner 5. ADM 11-3993 Administrative Item (UDC AMENDMENT I-1 & I-2 ZONING DISTRICTS) Submitted by CITY PLANNING STAFF to clarify building setbacks in the 1-1 and I-2 zoning districts (UDC Sections 161.27 and 161.28). Planner: Andrew Garner The following item has been approved administratively by City staff LSP 11-3981: Lot Split (7063 W. WHEELER DR./YEAGER, 200): Submitted by BLEW AND ASSOCIATES for property located at 7063 WEST WHEELER DRIVE. The property is in the PLANNING AREA and contains approximately 6.09 acres. The request is to divide the subject property into two tracts of approximately 1.00 and 5.09 acres. Planner: Andrew Garner LSIP 11-3973: Large Site Improvement Plan (510 W. 11TH ST. & 989 S. SCHOOL AVE./CAMPUS CREST, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is development of 232 multi -family dwellings in ten apartment buildings, clubhouse, swimming pool, pavilion, and parking lot. Planner: Jesse Fulcher 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. Planning Commission November 14, 2011 Page 1 of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 14, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: ACTION TAKEN MINUTES: October 24, 2011 Page 3 Approved VAC 11-3970: Vacation (862 & 846 HODDLE PLACE/SLAVENS, 569) Page 3 Old Business: Forwarded LSD 11-3903: Large Scale Development (2530 W. WEDINGTON DR./KUM & GO, 402): Page 4 Tabled New Business: CUP 11-3968: Conditional Use Permit (SOUTHWEST CORNER MLK BLVD & HILL AVE./KUM & GO, 522) Page 5 Approved LSD 11-3966: Large Scale Development (SOUTHWEST CORNER MLK BLVD. & HILL AVE./KUM AND GO, 522) Page 6 Approved CUP 11-3969: Conditional Use Permit (1421 E. 15TH ST./HANNA, 603) Page 9 Approved RZN 11-3971: Rezone (THE END OF BEST WAY ST. & HOLLYWOOD AVE./BARRETT, 559) Page 10 Forwarded MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook MEMBERS ABSENT November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 1 of 10 Planning Commission November 14, 2011 Page 2 of 10 STAFF PRESENT Andrew Garner Dara Sanders CITY ATTORNEY Jason Kelley, Assistant City Attorney 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 Commissioner Bunch. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 2 of 10 Planning Commission November 14, 2011 Page 3 of 10 Consent: Approval of the minutes from the October 24, 2011 meeting. VAC 11-3970: Vacation (862 & 846 HODDLE PLACE/SLAVENS, 569): Submitted by JORGENSEN & ASSOCIATES for properties located at 862 & 846 HODDLE PLACE IN ADDISON ACRES SUBDIVISION. The property is zoned RSF-7, RESIDENTIAL SINGLE-FAMILY, 7 UNITS PER ACRE and contains approximately 0.57 acre. The request is to vacate a utility easement. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Commissioner Bunch arrived after the consent agenda. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 3 of 10 Planning Commission November 14, 2011 Page 4 of 10 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 Winston made a motion to table LSD 11-3903 for two weeks until November 28, 2011. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 4 of 10 Planning Commission November 14, 2011 Page 5 of 10 CUP 11-3968: Conditional Use Permit (SOUTHWEST CORNER MLK BLVD. & HILL AVE./KUM & GO, 522): Submitted by CEI ENGINEERING for property located at the SOUTHWEST CORNER OF MARTIN LUTHER KING BOULEVARD AND HILL AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Andrew Garner, Senior Planner, gave the staff report. Erin Rushing, applicant, discussed the request. No public comment was presented. Motion: Commissioner Winston made a motion to approve CUP 11-3968 with the conditions of approval as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 5 of 10 Planning Commission November 14, 2011 Page 6 of 10 LSD 11-3966: Large Scale Development (SOUTHWEST CORNER MLK BLVD. & HILL AVE./KUM AND GO, 522): Submitted by CEI ENGINEERING. for property located at the SOUTHWEST CORNER OF MARTIN LUTHER KING BOULEVARD AND HILL AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The request is for the development of a gas station with sixteen fuel pumps. Andrew Garner, Senior Planner, gave the staff report including videos and a diagram of traffic flow patterns and staff's concerns with left turn movements into the proposed gas station. Erin Rushing, applicant, discussed access to Royal Oak Parkway and the background behind the current site plan. He discussed that the drive could be shifted further to the west to provide some additional distance away from the intersection. Public Comment: Aubrey Shepherd, discussed that this site has the only remaining trees left from this overall site. He hopes some of the existing soil will remain and that they will plan some steps to store water on the site. He expressed concern with construction traffic of this project combined with the development of the Washington County sale barn site. He discussed that if you are coming west from downtown it is very difficult to turn left onto Hill Avenue. No more public comment was presented. Commissioner Chesser asked about the left turn on Hill. Garner discussed that the recommended condition of approval for dedicated left turn signals to be added to the existing signal should address that issue. Commissioner Chesser discussed support for the recommendation for right -in, right -out only. Commissioner Hoskins asked about the turn into the site off of Royal Oak. He discussed concerns with traffic patterns as shown on the video and also agreed with the right -in, right -out only and that full access has lots of issues. Commissioner Griffin gave background for the second Subdivision Committee recommendation to remove the access on Royal Oak Parkway, including concerns with the median cut and vehicles stacking. Commissioner Earnest discussed the first Subdivision Committee recommendation to include access on Royal Oak Parkway. He discussed moving the drive on Royal Oak further to the south but there are issues with grade and trees in that area of the site. He stated that we have an excellent access management ordinance that states that where a site has access to lesser classification streets curb cuts shall access those streets. This site has access to the two side streets and connectivity can be secured. Commissioner Winston asked about access to the site for gas tanker trucks Rob Wadley, Kum and Go, discussed gas truck access into the site and the various options and grades for the different driveways. He discussed that the median in Royal Oak Parkway is privately owned and that the owner is not willing to allow a median cut. They are fine to push the driveway on MLK closer to Royal Oak Parkway November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 6 of 10 Planning Commission November 14, 2011 Page 7 of 10 if needed. They do need a three-quarter access for fuel trucks and food trucks. Commissioner Winston discussed that he does not see a way to support a full access in for traffic safety reasons. Commissioner Chesser discussed delivery trucks accessing the site. He sees a major safety concern. Commissioner Honchell discussed that placement on the hill is a problem. As a planning commissioner safety is one of the things he has to look at. He expressed support for a right -in, right -out only driveway. He asked if an 8-10% slope on a driveway onto Royal Oak Parkway is functional. He also asked about making Royal Oak Parkway a left out. Glenn Newman, staff engineer, discussed that yes 8-10% would be functional. He discussed that it may be possible to change Royal Oak Parkway to allow a left out, but that he was not sure of the reasons why it was made a right out only and would need to evaluate it. He discussed that we would like to encourage more use on Hill versus Royal Oak because Hill is signalized. Commissioner Honchell asked about the time of delivery. Rob Wadley, Kum and Go, discussed that they do not like to deliver during busy times. Commissioner Winston asked about Aubrey Shepherd's question about the Campus Crest project on the Washington County Sale Barn site. Garner stated that a development plan is currently under review but we're not sure when or if it will be built. Erin Rushing, applicant, asked the commission if pedestrian access to Royal Oak Parkway were required would steps be allowed because there is a 10 -foot retaining wall. Commissioner Hoskins asked if the grades of the site could be changed to alter the slopes. Newman answered `yes'. Commissioner Hoskins asked about a driveway connection being proposed between the two ponds. Newman discussed it was not feasible as the grading plan is currently proposed. Commissioner Chesser asked about stacking onto Hill Avenue. Garner discussed stacking onto Hill Avenue and that it was a concern, but that the curb cut meets the minimum. Motion #1: Commissioner Winston made a motion to approve LSD 11-3966: Condition of approval #1: finding in favor of the variance for the curb cut on Martin Luther King Boulevard as recommended by staff with a right -in, right -out only access. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 7 of 10 Planning Commission November 14, 2011 Page 8 of 10 Condition of approval #2.a: finding in favor of requiring sidewalk access from Royal Oak Parkway to the gas station, and that steps are acceptable as part of the sidewalk connection. Condition of approval #2.b: finding that vehicular access from Royal Oak Parkway to the gas station is not required. Finding in favor of all other conditions of approval as recommended by staff in the report. Commissioner Griffin seconded the motion. Upon roll call the motion failed with a vote of 4-5-0 (Commissioners Chesser, Honchell, Hoskins, Earnest, and Cabe voting `no'). Motion #2: Commissioner Chesser made a motion to approve LSD 11-3966, finding in favor of all conditions of approval and recommendations made by staff in the staff report including the following: Condition of approval #1: finding in favor of the variance for the curb cut on Martin Luther King Boulevard as recommended by staff with a right -in, right -out only access. Condition of approval #2.a: finding in favor of requiring sidewalk access from Royal Oak Parkway to the gas station. Condition of approval #2.b: finding in favor of requiring vehicular access from Royal Oak Parkway to the gas station. Finding in favor of all other conditions of approval and variances as recommended by staff in the report. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 (Commissioner Winston voting `no'). November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 8 of 10 Planning Commission November 14, 2011 Page 9 of 10 CUP 11-3969: Conditional Use Permit (1421 E. 15TH ST./HANNA, 603): Submitted by THAD HANNA for property located at 1421 EAST 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.60 acres. The request is for Use Unit 28, Center for collecting recyclable materials, in the 1-1 Zoning District. Andrew Garner, Senior Planner, gave the staff report. Thad Hanna, applicant, was present for questions. Commissioner Cabe asked the applicant about the hours of operation listed in the condition of approval. Thad Hanna, applicant, stated that they were okay with the hours of operation. No public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 11-3969 finding in favor of all conditions of approval as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 9 of 10 Planning Commission November 14, 2011 Page 10 of 10 RZN 11-3971: Rezone (THE END OF BEST WAY ST. & HOLLYWOOD AVE./BARRETT, 559): Submitted by JORGENSEN & ASSOCIATES for property located at the end of BEST WAY STREET AND HOLLYWOOD AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 25.35 acres. The request is to rezone the property to RMF -12, RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE. Dara Sanders, Current Planner, gave the staff report. Blake Jorgensen, applicant, discussed that a large portion of the site will be left undeveloped because of the creek and floodplain. Public Comment: Aubrey Shepherd discussed that this is some of the last prairie in south Fayetteville. There are several water flow areas that are not defined as creeks. He discussed that some of the lowest areas of the City are now being developed. No more public comment was presented. Commissioner Winston asked about the RMF -12 zoning versus a form based zone. Blake Jorgensen, applicant, answered that they were not looking for a mixed use zone. Sanders discussed that the RMF -12 zoning is a form -based zone with a build -to zone. Motion: Commissioner Winston made a motion to forward RZN 11-3971 to the City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7:05 PM. November 28, 2011 Planning Commission PC Minutes 11-14-11 Agenda Item 1 Page 10 of 10 Tare evi�le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of November 28, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: November 21, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 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. Planner: Jesse Fulcher STAFF RECOMMENDS THIS ITEM BE TABLED INDEFINITELY. G: I ETCI Development Services Review 120111Development Reviewl I 1-3903 LSD Kum & Go Wedington 118- Planning CommissionV 0.24- 111Camments & Redlines November 28, 2011 Planning Commission LSD 11-3903 Kum & Go (Wedington) Agenda Item 2 Page 1 of 2 November 28, 2011 Planning Commission LSD 11-3903 Kum & Go (Wedington) Agenda Item 2 Page 2 of 2 aye r evt le PC Meeting of November 28, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: November 18, 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 Proposals: The applicant is proposing a conditional use permit and a variance to develop the site for a 4,000 square foot drug store as discussed below. 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 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 1 of 20 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 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. November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 2 of 20 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 increase 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 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 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 3 of 20 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 final 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: Meering Date: November 28, 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 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 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 4 of 20 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 fmds 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 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 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 5 of 20 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 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 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 6 of 20 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 finds 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 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 - November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 7 of 20 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. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 8 of 20 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. November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 9 of 20 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: (i) Bioswales (H) constructed wetlands (Hi) pervious pavement (iv) other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) 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. (B) 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. 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. (C) (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. (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 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 10 of 20 501-1000 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 conform 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 permits are requested; (b) Upon expansion or improvements greater than 50% of the assessed property value or gross floor area or volume; As roadway improvements allow. (0) (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. November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 11 of 20 1/21/2011)Andrew Garner TEWaTileT USA Drug Store on MLK and Sang Page 1 From: Andrew Garner To: Gamer, Andrew Date: 11/21/2011 11:19 AM Subject: Fwd: Re: USA Drug Store on MLK and Sang »> William Goliff <goliffw@yahoo.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. rd 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. Bill Goliff 7317 San Luis Street Carlsbad, CA 92011 479-466-0757 goliffwavahoo.com November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 12 of 20 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, 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: 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' November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 13 of 20 Included with this conditional use the applicant is proposing to install more landscaping than required by ordinance including a vegetative buffer between this property and the property to the north. The applicant also plans on installing a low impact development feature onsite to reduce and clean any runoff from the site. 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. November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 14 of 20 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 FAYETTEVILLE, 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 • November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 15 of 20 November 28, 2011 Planning Commission CUP 11-3982 USA Drug Agenda Item 3 Page 16 of 20