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Home My WebLink About2007-09-24 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 24, 2007, 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. Public Comment D. Presentation of request — Applicant 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. 2007 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo WeAyifle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 24, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the September 10, 2007 Planning Commission meeting. 2. PPL 07-2534: Preliminary Plat (540 FLEX, LLC, 363): Submitted by STEVE BRANNAN for property located at S END OF N. SHILO DRIVE, S OF THE POINT WEST SUBDIVISION. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 12.29 acres. The request is to develop a 3 -lot commercial subdivision with 2 lots proposed in Phase 1. Planner: Jesse Fulcher 3. ADM 07-2745: Administrative Item (ECLIPSE DISPLAYS): Submitted by BATES & ASSOCIATES for property located at 602 Pump Station Road. The request is to extend the approval of the approved LSD 06-2253 for one year. Planner: Dara Sanders 4. ADM 07-2748: Administrative Item R-PZD 06-2190 (WOODBURY, 137): Submitted by H2 Engineering, Inc. for property located on the south side of Zion Road and east of Taliesin Lane. The property is zoned R-PZD 06-2190, Woodbury and contains approximately 11.66 acres. The request is to change the zoning criteria in Planning Area 2 to modify the setback off of the private drive from 15' to 5'. Planner: Andrew Garner Old Business: 5. CUP 07-2666: Conditional Use Permit (VERIZON WIRELESS SANG AVENUE, 481): Submitted by WOODEN, FULTON & SCARBOROUGH, P.C. for property located at THE SANG AVENUE WATER TOWER SITE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.13 acres. The request is for a 150' wireless communication facility on the subject property. Planner: Andrew Gamer THE APPLICANT REQUESTS THIS ITEM BE TABLED TO OCTOBER 08, 2007. New Business: 6. ADM 07-2739: Administrative Item (MARKETPLACE EXPRESS): Submitted by CamargoCopeland Architects, LLP requesting a waiver from exterior lighting regulations to allow neon/LED lighting in excess of 75% of the building's linear facade length. Planner: Andrew Garner 7. LSD 07-2696: Large Scale Development (TRINITY FELLOWSHIP CHURCH, 252): Submitted by TRINITY FELLOWSHIP ASSEMBLY OF GOD CHURCH for property located at 1100 ROLLING HILLS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and R -O, Residential Office and contains approximately 7.19 acres. The request is for a 24,120 s.f. church with associated parking. Planner: Andrew Gamer S. LSD 07-2676: Large Scale Development (KANTZ CENTER/STARBUCKS, 371): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located NW OF CITIZENS DRIVE AND CROSSOVER RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.76 acres. The request is for a large scale development with 9,075 s.f. of office, retail and restaurant space and a 1,750 s.f. coffee shop with associated parking for the development. Planner: Jesse Fulcher 9. VAC 07-2722: Vacation (MENNINGER, 523): Submitted by ALAN REID for property located at 301 S. WEST AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.12 acres. The request is to vacate 3 rights-of-way: the alley along the west side of the property, a portion of West Avenue along the east side of the property and the unconstructed extension of South Street on the north side of the subject property. Planner: Jesse Fulcher 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. naye levie A R KA NSA5 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 24, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant Engineer THRU: Jeremy Pate, Director of Current Planning DATE: September 19, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PPL 07-2534: Preliminary Plat (540 FLEX, 363): Submitted by STEVE BRANNAN for property located at S END OF N. SHILOH DRIVE, S OF THE POINT WEST SUBDIVISION. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 12.29 acres. The request is to develop a 3 -lot commercial subdivision with 2 lots proposed in Phase 1. Planner: Jesse Fulcher Findings: Property: The subject property contains approximately 12.29 acres and is zoned I-1, Heavy Commercial/Light Industrial, subject to a Bill of Assurance from 1981. The property is located west of I-540 and is located within the Design Overlay District. Proposal: The applicant requests preliminary plat approval to create 2 lots for development within Phase I, with approximately 6.89 acres remaining undeveloped in Phase II (Lot 3). Surrounding Land Use and Zoning: Direction Land Use Zoning North Industrial I-1 South Vacant property/Residential R -A East I-540 N/A West Pine Valley Subdivision RMF -24 Water and Sewer System: Water and sewer shall be extended to serve the proposed development. Adjacent Master Street Plan Streets: North Shiloh Drive (Collector Street) and I-540 Right-of-way to be dedicated: Dedication in the amount of 70' for the extension and construction of N. Shiloh Drive through the subject development is required. K:IReports120071PC Reports109-24-071PPL 07-2534 (540 Flex).doc September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 1 of 12 Street Improvements: Staff recommends the construction and extension of N. Shiloh Drive through Phase I with a hammer -head turn around provided at the southern property line. Shiloh Drive shall be constructed as a 30' street section with curb and gutter, storm drainage and 5' sidewalks. Connectivity: There is an existing street stub -out (W. River Ridge Drive) from the residential subdivision to the west that intersects Phase II and un -constructed right-of-way for Sycamore Avenue adjacent to the south property line of Phase II. Future connection to these streets has not been evaluated with Phase I, and will be reviewed with development adjacent to that property. The location of I-540 adjacent to the east property line prohibits connectivity to the west. Tree Preservation: A tree preservation waiver has been submitted and approved by the Urban Forester. Public Comment: Staff has received written correspondence from an adjacent property owner in the Pine Valley Subdivision that is concerned with development in the floodplain and the potential for flooding. Recommendation: Staff recommends approval of PPL 07-2534 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the construction ofN. Shiloh Drive through Phase I with a hammerhead turn -around constructed at the terminus of the street. The street shall be constructed as a 30' street section with curb and gutter, storm drains and 5' sidewalks on both sides of the street. The sidewalk on the west side of the street shall connect to the existing sidewalk on Shiloh Drive. 9/13/17 SC: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE RECOMMENDED STREET IMPROVEMENTS. At the time of development, each lot will be reviewed for the Shiloh Drive bridge assessment area, based upon the traffic being generated. Because each property is located within the Design Overlay District, development of all lots shall be reviewed through the large scale development process. 3. Sidewalks along the Shiloh Drive shall be installed or guaranteed prior to recordation of the final plat. Right-of-way dedication in the amount of 70' for N. Shiloh Drive shall be dedicated by the final plat. 5. Street lights shall be installed at all intersections and with a maximum separation of 300' prior to signing the final plat. K:IReporas120071PC Reports109-24-071PPL 07-2534 (540 Flex).doc September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 2 of 12 6. Future development of the property shall be limited to Lots 1 and 2. Phase II (Lot 3) shall not be developed until such time that infrastructure is extended through the property to serve future developments. The hammerhead turn -around shall be located within a temporary access easement that shall be void after the extension of this street. 8. Commercial Design Standards, parking lot design, cross access between lots and to adjacent properties, landscaping requirements, curb -cut location, screening, etc. shall be evaluated at the time of development of each lot, be it a building permit or Large Scale Development. Location within the Design Overlay District requires large scale development review for any development. 9. The P.O.A. for the subdivision or owner of any detention pond lot shall be responsible for maintenance of any detention ponds that may be constructed. 10. As noted on the plat, development of the property and all future owners of the proposed lots shall comply with all conditions of the Bill of Assurance, which prohibit the use of the properties for; Use Unit 18, Gasoline Service Stations; Use Unit 22, Manufacturing; and Use Unit 27, Wholesale bulk petroleum storage facilities with underground storage tanks, or truck stops. 11. Label Phase II also as Lot 3 on the plat. Tree Preservation and Landscape Plan Conditions: 12. All landscape requirements, including but not limited to street trees, parking lot trees, screening, and detention pond plantings shall be required at the time of building permit/large scale development review. Trails Conditions: 13. As noted on the plat, a 25' trail and utility easement shall be platted along the eastern property line from the existing public right-of-way of Sycamore Avenue to the north property line. Standard Conditions of Approval: 14. Signs indicating the future extension of right-of-way shall be posted at the end of all street stub -outs prior to filing the final plat. 15. All street names and addresses shall be approved by the 911 coordinator. 16. 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). K:IRepons120071PCRepor/s109-24-07PPL 07-2534 (540 Flex).doc September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 3 of 12 17. 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. 18. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 19. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 20. Preliminary Plat approval shall be valid for one calendar year. Additional conditions: Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: September 24, 2007 K:IRepons120071PC Reports109-24-07IPPL 07-2534 (540 Flex).doc September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 4 of 12 e ARKANSAS PC Meeting of September 24, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION CORRESPONDENCE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: City of Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: September 7, 2007 ITEM #: PPL 0'7-2534: Preliminary Plat (540 Flex LLC) TREE PRESERVATION PLAN 1. A Tree Preservation Waiver has been submitted and approved by the Urban Forester. No trees exist on this site. LANDSCAPE REGULATIONS 1. As each of these lots comes through the building permit/large scale development process, all landscape requirements will have to be met at that time This will include but not be limited to; street trees, parking lot trees, screening shrubs, and detention planting if applicable. September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 5 of 12 av evi ARKANSAS. THE CITY OF FAYETTEVILLE, ARKANSAS ENGINEERING DIVISION - TRAILS CORRESPONDENCE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3416 mmihalevich@ci.fayetteville.ar.us To: Steve Brannan From: Matt Mihalevich, Trails Coordinator Date: September 19, 2007 Subject: Planning Commission Review Comments ITEM #: PPL 07-2534: Preliminary Plat (540 Flex, LLC, 363) TRAIL COMMENTS 1. Shiloh Trail is identified on the Fayetteville Alternative Transportation and Trail (FATT) Master Plan to be located along the east edge of this property. The trail will be 12' wide and follow the west side of Interstate 540 from Hwy 112 south to Cato Springs Rd. The multi -use trail easement as shown on this plat looks good. The easement shall extend south to meet the existing 40 foot right of way of Sycamore Street (un -constructed). Show this existing right of way. 2. Hamestring Creek Trail is also identified on the FATT plan and us under construction within the Sycamore Street right of way along the south of this property. Please notify the trails coordinator if any work will be done on or across this trail. September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 6 of 12 Fayetteville Fire Department 303 W Center Fayetteville, AR 72701 575-8365 TECH PLAT REVIEW COMMITTEE Item: PPL 07-2534 (540 Flex, LLC) Presented by: Presley, Brannan, & Associates Reviewed by: Dale Riggins — August 28, 2007 FIRE DEPARTMENT REQUIREMENTS: 1. Arkansas Fire Code 505.1: Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. 2. Arkansas Fire Code D103.4 Turnarounds. The proposed temporary turnaround must meet the requirement of being built to hold up 75,000 lbs. 3. Keep in mind the requirement for hydrants for sprinklered building. If you have any question please feel free to contact me or the Fire Marshal at any time Dale Riggins Dale Riggins Fayetteville Fire Department September 24, 2007 Planning Commission PPL 07-2534 540 Flex Agenda Item 2 Page 7 of 12 BILI. OP ASSURANCE OF JOHN MAGUIRE, STERLING ANDERS AND JAMES This declaration of a 13i11 of Assurance mail,' this T day of • 1981, by JOHN MAGUFRE, tii'JRI.ING ANDERS, and JAMES POTTS, owners of the Io11owina described real estate located in the City of Fayetteville, Washington County, Arkansas, and more particularly described as follows, to -wit: SEE ATTACHED SIZE!'.:', MARKED EXHIBIT A WHEREAS, the aforesaid owners of the real property described above have secured the approval of the Fayetteville City Planning Commission and Fayetteville City Board of Directors to amend the Fayetteville zoning map and'rezone the above described property from A-1, Agricultural District and R-1, Low Density Residential District. to 1-1, Heavy Commercial and Light Industrial District. WHEREAS, the owners have ,remised and agreed to subject the development of said real estate pursuant to certain covenants and restrictions 'pertaining to same; and WHEREAS, the owners are desirous of making a declaration of the same in the form of this Hill of Assurance with the intention of guaranteeing the preservation of certain values and amenities in the coimaunity and to bind themselves, their successors and assigns and the aforedescribed real estate and its subsequent owners with the obligations and restrictions hereinafter set forth for all present and future development and use of said property. NOW, THEREFORE, the owners declare that the above described real property shall be held, developed, transferred, sold, conveyed, and occupied subject to the covenants and restrictions herein set forth. 1. The above said property shall not be developed for any use ii RECEIVED AUG 15 2007 CITY OF FAYE'TTEVILLE PLANNING DIVISION Li iO3O 460 er 24, 2007 Commission - 534 540 Flex genda Item 2 Page 8 of 12 Bill of Assurance Page Two described in use units 18, 22, and 27, of Article 5, Sec. VIII (including truck stops) of the Fayetteville Zoning Cede, and Appendix A thereto, without prior approval of the Board of Directors of the City of Fay- etteville, Arkansas. JOHN MAGUIRE a- o JOHN MAGUIRE 'P STERLING NDERS ACKNOWLEDGMENT STATE OF ARKANSAS ) )SS. COUNTY OP WASHINGTON) BE IT REMEMBERED that on this day came before the undersigned, a Notary Public, within and for the County aforesaid, duly cermiissioned and acting, JOHN MAGUIRE, STERLING ANDERS and JAMES POTTS, to me well known, who acknowledged that they executed the foregoing Bill of Assurance for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this / day of September, 1981. My,,,Commission Exp ho U Notary Public 05: A k�li( �J`t) 4C1 Se ;e'E -r24,2007 Piaommission PPL r_,. �- :4 540 Flex nda Item 2 age 9 of 12 JAMES E. POTfS, STERLING P. ANDERS & JOHN MAGUIRE All that portion in the Southeast Quarter of the Southeast Quarter and the South Half of the Northeast Quarter of the southeast Quarter 1n Section 6 in Township 16 North of Range 30 West that lies west of U, S. to mitt: Beginningsg at the Southwest cmoorner ofthe follows: 71 Southeast Quarter Of the Southeast Quarter of said Section 6, and running, thence North 85 degrees 33' East 54.66 feet to the west right of way of Highway 71 Bypass, and running, thence along said Highway right of way the following bearings and distances: North 31 degrees 11' East 262.13 feet; North 33 degrees 51' East 299.57 feet; North 32 degrees 07 minutes East 326.9 feet; North 31 degrees 58' East 651.86 feet; North 30 degrees 26' East 765.6 feet; thence North 89 degrees 48' West 1257.72 feet, thence South 07 degrees 17' West 658.69 feet to the Southwest Corner of the Northeast Quarter of the Southeast Quarter of said Section 6, thence South 0 degrees 07' West 1313.05 feet to the point of beginning. Containing 30.19 acres, more or less. LESS AND EXCEPT the following, to -wit: Part of the Southeast Quarter of the Southeast Quarter of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas. more particularly described as follows: Starting at the Northwest corner of the'Southeast Quarter of the Southeast Quarter of Section 6; thence North 89 degrees 05' East along the North line thereof a distance of 1205.5 feet to a point on the Easterly existing right of way Line of U.S. Highway #71; thence South 33 degrees 15' West along said existing right of way line a distance of 12.0 feet to a point; thence South 31 degrees 01' West along said existing right of way line a distance of 106.1 feet to a point on the Easterly proposed right of way line of U.S. Highway #71; thence North 89 degrees 05' East along said proposed right of way line a distance of 138.4 feet to the point of beginning; thence continue North 89 degrees 05' East a distance of. 10.0 feet to a point on the Westerly existing right of way line of Porter Road; thence South 01 degrees 38' East along said existing right of way Line a distance of 90.9 feet co a point on the Westerly proposed right of way line of Porter Road; thence North 12 degrees 57' West along said proposed right of way line a distance of 51.0 feet to a point; thence North 01 degrees 38' West along said proposed right of 0.02lAcrea, moreaoreless.l .0ALfOe LO, t LESSCANDpEXCEt PTfthegfollo ing,, to-witning Part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southwest corner of the Northeast Quarter of the Southeast Quarter of Section 6; thence North 89 degrees 05' East along the South line thereof a distance of 875.6 feet to a point on the Westerly proposed right of way line of U.S. Highway #71 for the point of beginning; thence North 20 degrees 31' East along said proposed right of way line a distance of 381.0 feet to a point; thence North 09 degrees 46' East along said proposed right of way line a distance of 306.0 feet to a point; thence North 89 degrees 16' East a distance of 187.9 feet to a point on the Westerly existing right of way line of U.S. Highway #71; thence South 29 de rees 28' West along said naright cgres,ne a ance moreof or�lesOs.£eet to the point ofbeginning ndontainin1.16 Ac c231050 412 Sep,;_. ber24,2007 Plan, • Commission PPL 534 540 Flex genda Item 2 Page 10 of 12 PPL07-2534 Close Up View FLEX, LLC Overview September 24, 2007 Planning Commission PPL 07-2534 540 Flex Page 11 of 12 Overview Legend Subject Property �°1d�ila PPL07-2534 Boundary er.i Planning Area m000 0 00a Overlay District 0Outside City 0 0.25 0.5 Legend IS Hillside -Hilltop Overlay District M iles September 24, 2C Planning Commiss PPL 07-2534 540 F Ao Itcr 07 on ex 2 Page 12 of 12 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 24, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 17, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2745: Administrative Item (ECLIPSE DISPLAYS): Submitted by BATES & ASSOCIATES for property located at 602 Pump Station Road. The request is to extend the approval of the approved LSD 06-2253 for one year. Planner: Dara Sanders BACKGROUND Property Description: The subject property is located at the north of Pump Station Road, east of City Lake Road and is zoned I-2, General Industrial. Background: The original Large Scale Development was approved by the Subdivision Committee on September 28, 2006 for the construction of a 39,000 square foot warehouse building with minimal (3,000 SF) interior office space for Eclipse Displays, Inc. and will be used for trade -show exhibits and storage. The reason that the construction of the project has been delayed is due to the transfer of title process from the City of Fayetteville to Richard Johnson. Several items to obtain a permit have been completed, including Arkansas Department of Environmental Quality (ADEQ) permits and Engineering approval of construction plans. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on September 28, 2008. The Planning Department received the applicant's extension request on September 14, 2007, within the required one year time limit. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. If the permits are not issued prior to September 28, 2008, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 07-2745, the requested extension to the LSD 06-2253, with the following conditions: 1. The applicant shall be allowed until September 28, 2008 to receive all required building permits. If all permits have not been received by this time, the Large Scale Development K:IReporls120071PC Reports109-24-071ADM 07-2745 (Eclipse Displays Extension).doc September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 1 of 10 approval shall be revoked. 2. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend approval of a large scale development one additional year from the 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. (1) The applicant has submitted the extension request to the Planning Division on September 14, 2007, prior to the one year time limit ending on September 28, 2007. (2) The applicant has stated that the transfer of title process has delayed this project, but that they plan to move forward upon resolution of this matter. K: IRepons120071PC Reports109-24-071ADM 07-2745 (Eclipse Displays Extension).dec September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 2 of 10 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) (2) (3) (4) (5) (6) (7) Preliminary plats; Planned zoning district developments; Conditional uses; Large-scale developments; Lot splits; Physical alteration of land permits; Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a Building Permit. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a Building Permit or during an allowed extension period, all of the above - enumerated plans and permits shall .be rendered null and void. K:Vteparts120071PC Reports109-24-07IADM07-2745 (Eclipse Displays Extension).doc September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 3 of 10 Bates Associates Inc. Civil Engineering Surveying 3561 N. College / Fayetteville, AR 72703 P11: 479-442-9350 * FAX: 479-521-9350 September 14, 2007 City of Fayetteville Planning Department 113 West Mountain Fayetteville, AR 72701 Dear City of Fayetteville, The developer is requesting for a one year extension to obtain all necessary permits for construction for the Large Scale Development Eclipse Displays LSD 06-2253. Eclipse Displays was approved by the Subdivision Committee on September 28, 2006. The timeline of approvals is as follows: • September 28, 2006 — Received Subdivision Committee approval • January 9, 2007 — Completed NPDES for small construction site for ADEQ • March 15, 2007 — Received City of Fayetteville approval for construction plans The following items we are still waiting on approval and/or action: • Transfer of title from the City of Fayetteville to Richard Johnson • Arkansas Department of Health approval for sanitary sewer & water • Easement Plat • Grading Permit • Building Permit Many of the items that are have not been completed are all awaiting the transfer of title from the City of Fayetteville to Richard Johnson. If you have any questions or comments, please feel free to contact us at your convenience. Thank you, Chris Waller, E.I. September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 4 of 10 LSD 06 -2253 Page 1 PC Meeting of September 28, 2006 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Subdivision Committee Members FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: September 26, 2006 Updated October 3, 2006 LSD 06-2253: Large Scale Development (ECLIPSE DISPLAYS, INC., 603): Submitted by BLEW, BATES & ASSOCIATES for property located at 602 PUMP STATION RD. The property is zoned I-2, GENERAL INDUSTRIAL and contains approximately 9.60 acres. The request is for 39,000 s.f of warehouse and office space with associated parking. Planner: Suzanne Morgan Findings: Property & Proposal.: The subject property is located at the north of Pump Station Road, east of City Lake Road and is zoned I-2, General Industrial. The applicant requests approval for the construction of a 39,000 square foot warehouse building with minimal (3,000 SF) interior office space for Eclipse Displays, Inc. and will be used for trade -show exhibits and storage. A parking lot with 24 stalls is proposed; this is the minimum allowable parking spaces for the uses proposed. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Vacant (Town Branch Floodplain) I-2 South Single family and Vacant property R -A & I-2 East Vacant I-2 West Industrial I-2 Right-of-way being dedicated: An additional 5' of property for a total 45' right-of-way from centerline right-of-way of Pump Station Road, a Minor Arterial street. Water/Sewer: Water and sewer service is available to the property. Street Improvements: Staff recommends the construction of a 6' sidewalk adjacent to the right- of-way along the entire property boundary. K:IReports120061SC Reports109-28-061LSD 06-2253 (Eclipse Displays, Inc.).doc September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 5 of 10 LSD 06 -2253 Page 2 Commercial Design Standards: The proposed development is primarily industrial in nature and is not required to comply with commercial design standards, which are directed towards development of commercial (office and retail) uses. Landscape Plan: Staff has reviewed the landscape plan and finds that the proposed landscaping meets ordinance requirements. Tree Preservation: Existing Canopy: 20.3% Preserved Canopy: 15.4% (see conditions of approval as this number may change) Required Canopy: 15% Mitigation: None required unless the canopy goes below 15% Recommendation: Staff recommends approval of LSD 06-2253 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends construction of a 6' sidewalk at the right-of-way line for the entire length of the property adjacent to Pump Station Road. 2. Street lights required on Pump Station Road shall be guaranteed or installed prior to issuance of a building permit. 3. Dedication of an additional 5' right-of-way on Pump Station Road fora total 45' right-of- way is required by separate document or easement plat prior to issuance of a building permit. 4. All proposed signs shall be permitted separately from the large scale development proposal, by a Sign Permit application and Certificate of Zoning Compliance. 5. Should the tree canopy preservation fall below the minimum 15%, mitigation will be required as required by the Unified Development Code and approved by the Urban Forester. 6. The applicant shall modify the Tree Preservation Plan to address the following issues: a. Staff would recommend revising the fencing along trees 2 and 3 if the intent is to safe these for the time being. b. Please revise tree number 8 to show removal and the fencing to along tree 9 and 10 to follow the limits of grading not the dripline. c. Please include the City of Fayetteville's 14 Standard Notes for Protection of Tree and Natural Areas and the corresponding fencing diagram on the construction drawings. K:IReports120061SC Reports109-28-061LSD 06-2253 (Eclipse Displays, Inc).doc September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 6 of 10 LSD 06 -2253 Page 3 7. The applicant shall modify the plat to address the following issues: a. Show the adjacent property lines to the south, and show a 100' building setback from the front (south) property line north of the adjacent R -A zoning. It is not anticipated for this modification to effect the location of the structure. b. Modify the plat page number to 603. c. The dumpster pad shall be widened to 15' per Solid Waste requirements. Standard Conditions of Approval: 8. 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). 9. 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. 10. 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. 11. 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. 12. All exterior lights shall be reviewed at the time of building permit submission for compliance with the Outdoor Lighting Ordinance. 13. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 14. Large scale development shall be valid for one calendar year. 15. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the 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. 16. 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 K: IReports12006ISC Reports109-28-061LSD 06-2253 (Eclipse Displays, Inc.).doc September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 7 of 10 LSD 06-2253 Page 4 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. 17. 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. Monitor the number of parking spaces and require bike racks at the time of building permit if required by ordinance. b. Remove any visible barbed wire fencing. c. Investigate whether the equestrian trail is a city trail. 9-28-06 (SM) Per Matt M, the equestrian trail is not a city trail: Subdivision Committee Action: T Approval:' Forwarded to P.C. Tabled Motion: Anthes Second: Bryant Vote: 3-0-0 Meeting Date: September 28, 2006 Cotmnents: Elizabeth McKee addressed the Subdivision Committee and stated that there was an equestrian trail that ran through the northern portion of the property. She would request that the applicant allow the continued use of the trail, that the trees remain, and address the sewage issues on the back of the property. The "Conditions of Approval" listed in thereport above are accepted in total without exception by the entity requesting approval of this development item. Signature Date 1<:IReports120061SC Reports109-28-061LSD 06-2253 (Eclipse Displays, Inc.).doc September 24, 2007 Planning Commission ADM 07-2745 Eclipse Displays Agenda Item 3 Page 8 of 10 LS D06-2253 Close Up View ECLIPSE DISPLAYS, INC Overview Legend g0000ooOo Overlay District — FLOODWAY -----500 YEAR m — 100 YEAR — — LIMIT OF STUDY — — - Baseline Profile O Fayetteville 1 Outside City 15006-2253 vectorGDB.Footpnnt_2004 Hillside -Hilltop Overlay District 0 125 250 500 750 1,000 Feet September 24, 200 Planning Commissio ADM 07-2745 Eclipse Display Agenda Item ECLIPSE DISPLAYS, INC SUBJECT PROPERTY -F Overview Legend Subject Property ...i:i LSD06-2253 Boundary - Planning Area !Pop0o Overlay District Outside City 0 0.25 0.5 Legend Hillside -Hilltop Ov 1 M erlay District September 24, 2(07 Planning Commiss on 'es ADM 07-2745 Eclipse Displays Agenda Item 3 10 aye loo THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 24, 2007 PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 18, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2748: Administrative Item R-PZD 06-2190 (WOODBURY, 137): Submitted by H2 Engineering, Inc. for property located on the south side of Zion Road and east of Taliesin Lane. The property is zoned R-PZD 06-2190, Woodbury and contains approximately 11.66 acres. The request is to change the zoning criteria in Planning Area 2 to modify the setback off of the private drive from 15' to 5'. Property Owner: Planner: BACKGROUND Philip/Martin Development Partner, LLC Andrew Garner Property Description and Background: The subject property consists of approximately 11.66 acres located on the south side of Zion Road, approximately 0.3 miles west of Crossover Road. The Fayetteville City Council approved R-PZD 06-2190 (Woodbury) on October 3, 2006 for zoning and development approval of a residential development with 67 single family dwellings and 45 multi -family dwellings in two Planning Areas: The multi -family portion of the development is situated along Zion Road, with parking located in the rear, accessed from a private drive. Proposal: The applicant requests a modification to the approved zoning criteria for Planning Area 2 (the multi -family portion of the development) to change the building setback off of the private drive from 15' to 5'. A copy of the revised zoning criteria and plat are included with this report. Setbacks along both Zion Road and woodbury Drive are 10' from the right-of-way. RECOMMENDATION The original PZD booklet and zoning criteria for this development listed a 15' building setback off of the private drives for Planning Area 2. However, the site plan and plats depicted a portion of the buildings being located 5' off of the private drive. The applicant's request would clarify the setback for Planning Area 2 to be consistent with the 5' setback off of the private drive as depicted on the original site plans. This request would not alter the character or nature of the development in any way. Staff recommends in favor of the request. Planning Commission Action: Approved Tabled Denied Motion: Second: Vote: Meeting Date: September 24, 2007 K: IReports120071PC Reports109-24-071ADM07-2748 (Woodbury PZD Modification).doc September 24, 2007 Planning Commission ADM 07-2748 Woodbury Agenda Item 4 Page 1 of 8 412 ENGINEERING, INC. September 13, 2007 City of Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 RE: WOODBURY—REVISION TO APPROVED RPZD 06-2190 Dear Council Members, We are requesting a revision to approved RPZD 06-2190 Woodbury. The purpose of this revision is to clarify the building setback for the attached units in Planning Area 2 off of private drives. In our initial submittal, the plan sheets showed a 5 foot setback off of private drives for the structures in Planning Area 2. Unfortunately, the PZD Narrative reflected a 15 foot setback for Planning Area 2 off of private drives. All of the plans that were submitted and approved with the initial RPZD depicted a 5 foot setback and buildings were placed according to the 5 foot setback. This revision / clarification will allow buildings in Planning Area 2 to be built as was originally depicted on the approved plans, not according to what is currently listed in the narrative. In order to clarify this building setback issue, we are requesting the allowance of a revision to RPZD 06-2190 Woodbury. Thank you for your consideration in this matter. Jerem Tho i pson, P.E. Proje Engineer H2 Engineering September 24, 2007 Planning Commission ADM 07-2748 Woodbury 2758 Millennium Drive Suite 1 Fayetteville. Arkansas 72703 Phone: 479.582.4234 Fax: 479.6412S Page 2 of 8 PLANNING AREA 2 PERMITTED USES UNIT DESCRIPTION UNIT 1 CITY-WIDE USES BY RIGHT UNIT 26 MULTI -FAMILY DWELLINGS CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT UNIT 12 OFFICES, STUDIOS, AND RELATED SERVICES UNIT 13 EATING PLACES UNIT 15 NEIGHBORHOOD SHOPPING GOODS UNIT 16 SHOPPING GOODS UNIT 24 HOME OCCUPATIONS LAND USE DENSITY / INTENSITY TOTAL PLANNING AREA SIZE: 2.62 ACRES TOTAL NUMBER OF RESIDENTIAL UNITS: 45 NON-RESIDENTIAL SQUARE FEET: NOT APPLICABLE RESIDENTIAL DENSITY: 17.2 UNITS PER ACRE BULK AND AREA REGULATIONS AREA REGULATIONS LOT WIDTH MINIMUM: 18 FT LOT AREA MINIMUM: 1,100 SF LAND AREA PER BUILDING UNIT: 2,536 SF USE MAXIMUMS A MAXIMUM OF 20,000 SF OF THIS PLANNING AREA MAY BE UTILIZED FOR CONDITIONAL USE UNITS 12, 13, 15, AND 16. SETBACK REQUIREMENTS FRONT -ZION: 10 FT FRONT-WOODBURY DRIVE: 10 FT from R/W (Back of Curb) FRONT -PRIVATE DRIVES: 5 FT from Access Easement SIDE -PROPERTY LINE: 10 FT MIN. BETWEEN BUILDINGS: 6 FT HEIGHT Structures in this Planning Area are limited to a building height of 45 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. September 24, 2007 Planning Commission ADM 07-2748 Woodbury Agenda Item 4 Page 3 of 8 BUILDING AREA MAXIMUM: 65% SITE PLANNING LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways as indicated on the landscape plan. PARKING Parking in this Planning Area will occur in garages in the individual units. The Woodbury covenants are very specific that garages are to be used for parking vehicles, not for storage. All units in this Planning Area are 2 bedroom units and will have a 2 -car garage to match the number of bedrooms in the unit. This satisfies the parking requirements for those units. ARCHITECTURAL DESIGN STANDARDS Structures shall be built using brick, stone, and stucco with lap and shingle siding, consistent with the building elevations included in the project booklet. September 24, 2007 Planning Commission ADM 07-2748 Woodbury Agenda Item 4 Page 4 of 8