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HomeMy WebLinkAbout2008-02-11 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, February 11, 2008, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE It' you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2008 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo �T• a e rre 1' ARKANSAS e TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, February 11, 2008, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the January 28, 2008 meeting. 2. ADM 08-2912: (THE COURTS AT WHITHAM, 444): The request is for a one year extension for approval of the Large Scale Development, LSD 07-2454. Planner: Andrew Garner 3. ADM 08-2914: (ALLIED STORAGE, 601): The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2480. Planner: Dara Sanders 4. ADM 08-2923: (PEBBLE CREEK FLATS, 598): The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2414. Planner: Jesse Fulcher Unfinished Business: None New Business: 5. ADM 08-2924: (WIRTH): Submitted by Aaron Wirth for property located at Lot lof Mountain Ranch I Subdivision. The request is for a variance from the requirements of Ch. 172.11(1) Loop or Circle Driveways, to allow less than the required 50 -foot separation between drives. Planner: Andrew Garner 6. CUP 08-2855: (EMERITUS ASSISTED LIVING,138): Submitted by 1-12 Engineering for property located at THE NE CORNER OF ZION ROAD AND RANDALL PLACE. The property is zoned RMF - 24, MULTI FAMILY - 24 UNITS/ACRE and R -O, RESIDENTIAL OFFICE, and contains approximately 3.27 acres. The request is for an Assisted Living facility in the RMF -24 and R -O Zoning Districts. Planner: Dara Sanders 7. C-PZD 07-2858: (FARMER'S MARKET / 6TH ST., 558): Submitted by STEVE CLARK for property located at S SIDE OF 6TH STREET, BETWEEN E AND W FARMERS DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.50 acres. The request is for rezoning, land use and large scale development approval for a C-PZD with a 5,000 s.f. commercial building with associated parking. 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. ay e isSle ARKANSA THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 11, 2008 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 5, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 08-2912: Administrative Item (COURTS AT WHITHAM, 444: Submitted by SHARP ARCHITECTS for property located at THE SOUTHWEST CORNER OF DOUGLAS STREET AND WHITHAM AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI FAMILY — 40 UNITS/ACRE and contains approximately 1.42 acres. The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2454. Planner: Andrew Garner BACKGROUND Property Description and History: The subject property is located at thesouthwest corner of Douglas Street and Whitham Avenue. On February 26, 2007, the Planning Commission approved LSD 07-2454 to construct one multi -family building containing 26 one -bedroom units and an underground parking garage. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on February 26, 2009, in order to obtain all building permits for the development. The Planning Department received the applicant's extension request on January 25, 2008, 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 February 26, 2009, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 08-2912, the requested extension to the LSD 07-2454, with the following conditions: 1. The applicant shall be allowed until February 26, 2009 to receive all required building permits. If all permits have not been received by this time, the Large Scale Development approval for the remaining two self -storage buildings shall be revoked. 2. All other conditions of approval for the project shall remain applicable. K: IReports120081PC Reports103-February 11 IADM 08-2912 (Courts@Whitham Extension).doc 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 1 of 12 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 January 25, 2008, prior to the one year time limit ending on February 26, 2008. (2) The applicant has stated that the project has been on hold for several months while the owner negotiated a sales agreement on the property that did not close. Since then, the owner has been making adjustments to his financial strategy for the property to revive the new construction phase. Construction permits are expected to be obtained by the end of May 2008 and commence construction immediately. K: IReports120081PC Reports103-February 1 IIADM 08-2912 (Courts@Whitham Extension).doc 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 2 of 12 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) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) 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 construction, receive a 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. or new building (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 toshow good cause why the tasks could not reasonably K:IReports120081PC Reporls103-February IIIADM 08-2912 (Courts@ 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. itham Erlension).doc 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 3 of 12 January 25, 2008 Andrew Garner 113 West Mountain Street Fayetteville, Arkansas 72701 RECEIVED JAN 2 5 2008 PLANNING DIV. RE: COURTS AT WHITHAM PROJECT LARGE-SCALE APPROVAL EXTENSION Dear Andrew, 525 SOUTH'SCHOOL AVE 1SEE220 FAYETTEVILLE AR l PH ONE: 479-442-8229 FAX: 479-442-5721. The Courts at Whitham project has been on hold for several months while the owner negotiated a sales agreement on the property that did not close. Since then, the owner has been making adjustments to his financial strategy for the property to revive the new. construction phase. Our office has restarted the construction process and requests an extension of our Large Scale development approval. We expect to complete construction documents by the end of May 2008 and commence construction immediately. If you have questions or comments regarding this matter, please contact me or Tim Koch at the contact information shown above. Sincerely, Robert Sharp, Architect Copy: File 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 4 of 12 moi_ ay.e7 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: February 22, 2007 PC Meeting of February 26, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 07-2454: Large Scale Development (COURTS AT WHITHAM, 444): Submitted by N. ARTHUR SCOTT for property located at THE SOUTHWEST CORNER OF DOUGLAS STREET AND WHITHAM AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI FAMILY - 40 UNITS/ACRE and contains approximately 1.42 acres. The request is to approve an apartment building with 26 one -bedroom units, a 16 -space parking garage, and 8 additional outdoor parking spaces. Property Owner: GREG HOUSE EAST AVENUE DEVELOPMENT Planner: ANDREW GARNER Findings: Subdivision Committee Meeting February 15, 2007: This item was forwarded from the Subdivision Committee to the full Planning Commission because one of the Subdivision Committee members had to abstain from this item. One of the members of the Subdivision Committee expressed concern with traffic congestion in the area and requested a traffic study. During the public comment for this meeting the University of Arkansas stated that they are opposed to this project because it is in their campus growth area and because of traffic congestion in the area. Staff has not received traffic analysis from the applicant from this project, and does not find that the redevelopment of this property with 26 multi -family units warrants a traffic study, and that the project would not create or compound a dangerous traffic condition. If the Planning Commission requires a traffic study it would need to be provided by the applicant. The applicant has submitted a letter addressing the university's concerns, and the issue of allowing one of the gravel parking lots to remain unpaved. Staff is not aware of any traffic concerns in this area above and beyond normal traffic flow; additionally, the inclusion of an additional 26 multi -family units would not generate a great deal of impact, and thus infrastructure burden on surrounding streets. Staff recommends those improvements as previously found appropriate by the Planning Commission in 2005. Background: This project was approved at the November 3, 2005 Subdivision Committee meeting. The developer did not obtain required permits within the one-year timeframe and the development approval has expired. The applicant seeks approval of the previously approved K: IReports120071PC Reports102-26-071LSD 07-2454 (Courts at Whitham).doc • 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 5 of 12 large scale development LSD 05-1737. Variances were approved by the Fayetteville Board of Adjustment on November 7, 2005 to allow for the proposed nonconforming building setbacks off of the Douglas Street and Whitham Avenue frontages. These variances are still applicable to the proposed project. Property and Setting: The subject property contains approximately 1.42 acres located at the southwest quadrant of the Douglas Street/Whitham Avenue intersection. The site is developed with four multi -family apartment buildings, a single-family dwelling, and brown gravel parking lots. The site has well-established landscaping and a stone wall around the perimeter of much of the property. The property has direct access onto Douglas Street and Whitham Avenue along the north and east property lines, with private alleys along the southem and western property lines. Land uses surrounding the site include residential properties to the north, east, and south, and a parking lot to the west. The site is surrounded entirely by RMF -40 zoning. Proposal: The applicant proposes to remove the existing single-family dwelling and construct one multi -family building containing 26 one -bedroom units and an underground parking garage containing 16 spaces. In addition, six new parking spaces would be constructed under the western roofline of the new structure, and two new parking spaces would be constructed immediately south of the multi -family building located at 711 West Douglas. The existing gravel parking lot adjacent to the alley would be paved and striped with the addition of the two new spaces. The applicant proposes to leave the existing gravel parking area in the southern portion of the site unpaved, installing 20 individual wheel stops to clearly identify parking spaces, and installing a concrete apron adjacent to the existing alley. Parking lot landscaping would be installed as required. Request: The request is for Large Scale Development approval of the submitted site plans for. the Courts at Whitham Apartments. Public Comment: Public comment has not been received. Right-of-way being dedicated: 25' from centerline for Whitham Avenue and Douglas Street. Street Improvements: 6' sidewalk along the Whitham Avenue and Douglas Street frontages; pave the 10' private alley along the western property line. Repair/replace any broken or missing curb along street frontages, and asphalt only sections of Douglas/Whitham as determined by City Engineering. Water/Sewer: Water and sewer are available to the site. Parks: On September 12, 2005 the Park Recreation Advisory Board recommended money in lieu of land for the proposed multi -family units. Adjacent Master Street Plan Streets: Douglas Street and Whitham Avenue (local streets). Tree Preservation: Existing Canopy: 36% • Preserved Canopy: 30% Required Canopy: 20% K.'IReports120071PC Reports102-2&071LSD 07-2454 (Courts at Whitham).doc • 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 6 of 12 Mitigation: Not Required Recommendation: Staff recommends LSD 07-2454 be approved with the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of a parking lot improvement. Existing parking lots on the site are non -conforming gravel parking lots. The proposed development would require the existing gravel parking lots be paved per Section 172.08 of the City's Unified Development Code to bring the non -conforming parking lots into conformity. The applicant has indicated to staff that they propose to leave the southern parking lot unpaved with gravel, providing wheel stops for each parking space, and a concrete apron at the entrances to the parking lot. Staff recommends all new parking spaces, and the existing spaces along the alley be paved, striped and constructed to city specifications as portions of these would be accessed/utilized by the proposed development. Staff recommends in favor of the applicant's request to leave the southern parking lot brown gravel, with improvements including new gravel and grading the entire lot smooth, installing exterior concrete aprons, and installing wheel stops and a landscape island. ONE OF THE MEMBERS OF THE SUBDIVISION COMMITTEE DID NOT RECOMMEND IN - FAVOR OF ALLOWING THE GRAVEL PARKING LOT TO REMAIN, AND THE OTHER MEMBER DID NOT PROVIDE A RECOMMENDATION. (02/15/07) Planning Commission determination of street improvements. Staff recommends the following street improvements: a. A new 6' sidewalk shall be constructed along the project's Whitham Avenue and Douglas Street frontages. b. The 10' alley along the western property line shall be paved along the project's frontage. c. Repair/replace any broken or missing curb along street frontages, and asphalt only sections of Douglas/Whitham as determined by City Engineering. ONE OF THE MEMBERS OF THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION, ONE OF THE MEMBERS OF THE SUBDIVISION COMMITTEE RECOMMENDED A TRAFFIC STUDY. (02/15/07) 3. Dimension 25' right-of-way from centerline for Douglas Street and Whitham Avenue, dedicating additional right-of-way as necessary per the Master Street Plan. 4. With 56 parking spaces on the site 2 bike racks are required and should be depicted on the site plan. 5. Payment of $17,680.00 in Parks fees for 26 multi -family units is due prior to issuance of building permit for this project. K::IReports12007IPC Reports102-26-07ILSD 07-2454 (Courts at Whitham).doc 2m2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 7 of 12 6. No tree mitigation will be required on this project unless the development removes below the allowed 20%. 7. Any fencing, walls or signage within utility easements must be coordinated with affected utilities and are subject to removal at the cost of the owner/developer. Standard Conditions of approval: 8. Trash enclosures 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. 9. 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). 10. 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. 11. All new utilities shall be placed underground. All existing overhead utilities below 12 kV shall be relocated underground. 12. All exterior lighting shall comply with the City of Fayetteville lighting ordinance and will be reviewed for compliance at the time of building permit. 13. Large scale development shall be valid for one calendar year. 14. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area and all utility easements. c. Project Disk with all final revisions. d. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. e. 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 K:IReports120071PC Reportsl02-26-071LSD 07-2454 (Courts at Whitham).doc 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 8 of 12 "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. 15. Additional conditions: Planning Commission Action: Meeting Date: February 26, 2007 Comments: 1►11Approved 0 Denied 0 Tabled Clark, Gravis a� I / (tea-ap rreo�A on conSP.ntt of 4n0a41. The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K::IReports120071PC Reports102-26-07ILSD 07-2454 (Courts at Whitham).doc 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 9 of 12 LS D07-2454 Close Up View THE COURTS AT WHITHAM 2m2008 Planning Commission 1M 08-2912 The Courts at Whitham Agenda Item 2 Page 10 of 12 LSD07-2454 One Mile View THE COURTS AT WHITHAM 1 IAAXWELL.D 'RSF-4 MAX WELL Q Eyj Q' SUBJECT PROPERTY ADAMS ST ADAMS ST �RSF4; �'}` thff-$9 ksca .. RSF-0 X ,�AWiHORN ST "'O.EeURN: Y R�SFd PROSPECT 5T RSF-4 13 LOWSEsT .� 4 4 4 < RSF3-."RSFd RSF AGEBENP �; I' --• 1.1!111;#:11-t.RD RSF-4 o CPZD ,Q MARKHAM RD w RSF-0� LL 2 < TERtNR$ URN ST RSF-4 RSFA RSFdQ .3, A9r _ z 4. 3' RSF 41 pftSF-0:Q )eHNSpN: ST J RSF-4 �RSF-0';'q II9 UUNi A[ 3 RSF-9`: 11APLE-ST w p RSF-0 RSFAS RSF-4 LAIAYET_TEST ¢ -. RSF-0 RPZD RSF-4 w {,15Fh SUTTON ST QAC ISDICKSDYSTK,-%,,.$' Overview Legend Subject Property ® LSD07-2454 Boundary "N.••i Planning Area Pos,.r. Overlay District 1 Outside City 0 0.25 0.5 Legend Hillside -Hilltop Overlay District 2/7/2003 1 {j �JQ Planning Commissioi M 11 8-2912 The Courts at Whitha Agenda Item Page 11 of 12 2/7/2008 Planning Commission ADM 08-2912 The Courts at Whitham Agenda Item 2 Page 12 of 12 y e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 11, 2008 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 4, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 08-2914: Administrative Item (ALLIED STORAGE, 601): Submitted by CLARK CONSULTING for property located at 85 W. 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 14.98 acres. The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2480. Planner: Dara Sanders BACKGROUND Property Description and History: The subject property is located on 15th Street, east of School Avenue and south of Walker Park. On March 26, 2007, the Planning Commission approved LSD 07- 2480 to expand the existing self -storage facility, for a total of25,425 square feet. The applicant has completed construction for one building of the three buildings approved on the subject property and has stated that decreasing market demand for self storage services has delayed the construction of the two remaining buildings. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on March 26, 2009, in order to obtain all building permits for the remaining two self - storage buildings. The Planning Department received the applicant's extension request on January 29, 2008, 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 March 26, 2009, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 08-2914, the requested extension to the LSD 07-2480, with the following conditions: 1. The applicant shall be allowed until March 26, 2009 to receive all required building permits. If all permits have not been received by this time, the Large Scale Development approval for the remaining two self -storage buildings shall be revoked. 2. All other conditions of approval for the project shall remain applicable. K:IRepor[s120081PC Reports103-February 11 WDM 08-2914 (Allied Storage Extension).doc 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 1 of 12 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 January 29, 2008, prior to the one year time limit ending on March 26, 2008. (2) The applicant has stated that decreasing market demand for self storage services has delayed this project. The applicant has constructed the first of three self -storage buildings approved for the subject property and proposes to construct the remaining two buildings within the one year extension. K:IReports120081PCReports103-February 111ADM 08-2914 (Allied Storage Ertension).doc 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 2 of 12 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) (8) (9) 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; Tree preservation plans; 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 (I) 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, Receive a Certificate of Zoning Compliance; and/or, Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. 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. (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 K:IReports120081PC Reportsl03-February 111ADM 08-2914 (Allied Storage Extension).doc 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 3 of 12 on ulting J. STEVE CLARK, P.E. CIVIL / ENVIRONMENTAL ENGINEERING January 29, 2008 Mr. Jeremy Pate, Director of Current Planning Fayetteville Planning division 125 W Mountain St Fayetteville, AR 72701 Re: Allied Storage Expansion LSD 07-2480 Fayetteville, Arkansas Dear Mr Pate: The owner hereby requests a one year extension of time to obtain building permits on two of the buildings that were approved in the referenced Large Scale Development, The LSD was approved at the March 20, 2007 Planning commission meeting. , The owner has completed construction of one of the three buildings approved:on the; LSD. However, the demand for self storage space has slowed and the owner would;, like to delay construction of the second two buildings for a few months. Thank you for your attention to this matter. Respectfully Submitted, Clark Consulting ni/ lark, P. cc: Randy Salsbury 2/7/2008 PlanningCommission 3715 Business Drive, Suite 202 • Fayetteville, Arkansas 72703 • (479) 444-8171 • Fax: (409)25207,98.2s Storage Agenda Item 3 Page of 12 a.- .Ie ARKANSAS E CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 20, 2007 PC Meeting of March 26, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 07-2480: Large Scale Development (ALLIED STORAGE, 601): Submitted by CLARK CONSULTING for property located at 85 W. 15TH STREET The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 14.98 acres. The request is for a two phase addition to the existing facility to add three storage buildings, a total addition of 25,425 square feet. Planner: Suzanne Morgan Findings: Proposal: The applicant is submitting a Large Scale Development proposal to expand an existing storage facility, Allied Storage. The request is for the addition of three buildings for a total 25,425 square foot expansion on the 14.98 -acre tract, which requires Large Scale. Development review. When an expansion of approximately 19,000 square feet was approved in April 2004, mini -storage facilities were a use by right in the I-1 zoning district. However, the Unified Development Ordinance has been modified to create a separate use unit (Use Unit 38) for mini - storage units. Use Unit 38 is a conditional use within the I-1 zoning district. The applicant has submitted a conditional use permit application to be heard at Planning Commission with this large scale development proposal. Surrounding Land Use / Zoninz Direction Land Use Zoning North 15th Street, multifamily residential RMF -24, Res. Multifamily, 24 DU/acre. South Floodplain, undeveloped I-1, Heavy Commercial/Lt Industrial East Residential RMF -24, Res. Multifamily, 24 DU/acre West Heavy Commercial C-2, Thoroughfare Commercial Right-of-way being dedicated: None. (Per Resolution 49-01, additional right-of-way is not required to be dedicated for this site at this time) Street Improvements: None Adjacent Master Street Plan Streets: 15th Street (Hwy 16), Principal arterial Water/Sewer: Water and sewer are available to the site. K: IReportsl20071PC Reportsl03-26-07ILSD 07-2480 (Allied Storage).doc 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 5 of 12 Access: There is one existing access to the subject property from 15th Street. This access will be utilized for the additional development on the property. Tree Preservation: Existing Canopy: 52% Preserved Canopy: 46% Required Canopy: 15% Mitigation is not required for this project. Landscape Review: No Landscape regulation requirements are necessary for this project. Street trees and shrubs have been installed along 15th street adjacent to the property. Trails - Background: The Fayetteville Alternative Transportation and Trails Master Plan identifies Town Branch Creek trail along the south part of this property and a trail connection to Walker Park along the east side of the property. When complete, Town Branch Creek Trail will extend from I-540 and east to the White River following Town Branch Creek. The first section of the Town Branch Creek Trail has just been completed from Beachwood Ave. to Razorback Rd. The trail will be constructed and maintained by the City of Fayetteville. Request: 1. A multi -use trail easement along the south and east edges of the property has been requested by the Trails staff and is shown as discussed on the plat. The land for the future trail will be dedicated as tree preservation area and in the future the owner has agreed to donate a trail easement over the proposed tree preservation easement. 2. The trails coordinator will continue discussions with the owner at a later date to secure this important trail easement. Public Comment: No public comment has been received regarding this project. Background: Large Scale Development plans were approved for this site on February 22, 1999 (LSD 99-03.00), March 26, 2001, and April 1, 2004. City Council also approved a waiver of Master Street Plan requirements for a lesser dedication of right-of-way (50 feet) in this location due to existing sidewalk, landscaping, building and pavement already in place, which stands. Recommendation: Staff recommends approval of LSD 07-2080 with the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of a waiver of Section 5.4.2 of the Design Drainage Manual to allow a structure to be constructed within 20 feet of the 100 year water surface elevation (WSE) in a detention pond. One of the proposed storage buildings will be constructed within 6 to 10 feet horizontal to the WSE. The finished floor will be 3.2 feet above the WSE. Staff recommends approval of the requested waiver, finding that the building is 2.2 feet above the required 1 foot elevation requirement reducing the possibility of damage due to flooding from the existing pond. The building is an uninhabited storage structure and will not have access on the side where the detention pond is located. There is a fence around the pond that will tie into the east side of the building. This will serve as a barrier to prevent K: IReports120071PC Reports103-26-071LSD 07-2480 (Allred Storage).doc 2m2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 6 of 12 inadvertent entry into the pond. Additionally, the entire development is enclosed by fencing with limited access. The Subdivision Committee recommended in favor of the requested waiver. 2. Approval of the Large Scale Development is contingent upon approval of CUP 07- 2499 to allow Use Unit 38 Mini -Storage Units within the I-1 zoning district. 3. Variance approval to construct a 4,800 square foot structure within the required 50' front building setback is required prior to issuance of a building permit. Should the necessary variance(s) be denied by the Board of Adjustment, the applicant shall modify the building footprint to remove the area of the structure within the building setback. 4. Large scale development shall be valid for one calendar year. All proposed phases of construction shall be subject to the expiration deadlines of the Large Scale Development. 5. A formal Floodplain Development Permit shall be required for any work within the 100 -year floodplain. 6. Tree Preservation Areas are protected spaces that restrict and remove developmental rights. Any tree removal in this area is prohibited without prior approval from the Urban Forester. Easements for existing or new utilities shall be dedicated by easement plat or separate document prior to the issuance of a building permit. 8. Further define the location of the Tree Preservation Area on the Tree Preservation/Site plan. This line needs to be identified and delineated as a Tree Preservation Area on the easement plat and approved by the Urban Forester before the rs_ sgancee of building permit.j. �L -{Lfrim. L (_. to ., LA -K114 d�parta, . 9 Tree Preservation Areas are protected spaces that restrict and remove developmental rights. Any tree removal in this area is prohibited without prior approval from the Urban Forester. Standard Conditions of approval: 10. 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). 11. Staff approval of fmal 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 K:IReports120071PC Reports103-26-071LSD 07-2480 (Allied Storage).doc 2m2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 7 of 12 comply with City's current requirements. 12 All exterior lights shall comply with the City lighting ordinance, and approval of these light fixtures is required prior to issuance of a building permit. 13. All new utilities shall be located underground. All existing utility wires, lines and/or cable below 12 Kv shall be relocated underground. N 14. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. \/ 15. Trash enclosures shall be screened with access not visible from the street. The trash enclosures and trash compactor 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. 16. All freestanding and wall signs shall comply with other ordinance specifications for location, size, type, number, etc. 17. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. Separate easement plat for this project that shall include the tree preservation area and all utility easements. c. Project Disk with all final revisions d. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. e. 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: Planning Commission Action: C'3 Approved O Tabled O Denied Motion: C(ctA-- Second: Vote: t 0 Meeting Date: March 26, 2007 Comments: K: IReports120071PC Reports103-26-07ILSD 07-2480 (Allied Storage).doc 2m2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 8 of 12 I lark onsulting CIVIL /ENVIRONMENTAL ENGINEERING January 31, 2007 Mr. Jeremy Pate, Fayetteville Planning 125 W Mountain St Fayetteville, AR 72701 J. STEVE CLARK, P.E. Re: Allied Storage Expansion Fayetteville, Arkansas Dear Mr. Pate: This property is the location of the Allied Storage facility, currently zoned 1-1. The .proposed improvements will include an additional three self storage buildings. The total additional building area is 25,425 SF with paved access drives. The project will be built in two phases; the first will include the larger 15,225 SF building, and associated paving, and the second phase will include the remaining two buildings and will be completed after the first building is occupied. In a previous phase the Right of Way along 15th street was dedicated in accordance with the Master Street Plan at that time (ie: 100 feet of ROW for arterial streets). Therefore the existing ROW is 50 feet from centerline. As part of a subsequent LSD approval a waiver was granted (Resolution 49-01) removing the requirement to dedicate additional right-of-way to meet the current ROW requirements of 110'. That waiver should continue to be in effect for this LSD plan. Respectfully Submitted, Clark Consulting Steve Clark, P.E. 2/7/2008 Planning Commission ADM 08-2914 Allied Storage 3715 N. Business Drive, Suite 202 • Fayetteville, Arkansas 72703 • (479) 444-8171 • Fax: (479) 251A0 toff12 LS D07-2480 Close Up View ALLIED STORAGE Overview 117 0 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Overview Legend Subject Property ® LSD07-2480 Boundary "N..* Planning Area o ; : Overlay District J Outside City 0 0.25 0.5 Legend MI Hillside -Hilltop Overlay District 1 M iles 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Vage 11 of 2 2/7/2008 Planning Commission ADM 08-2914 Allied Storage Agenda Item 3 Page 12 of 12 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 11, 2008 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 6, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 08-2923: Administrative Item (PEBBLE CREEK PLATS): The request is for a one year extension for the approval of the Large Scale Development, LSD 07-2414. Planner: Jesse Fulcher BACKGROUND Property Description: The subject property is located at the intersection of 18th Street and Custer Lane and consists of Lots 3 and 4 in Red Arrow Subdivision and part of Lots 11 and 12 in Cornelius Subdivision. The property contains approximately 4.21 acres and is zoned C-1, Neighborhood Commercial and RMF -24, Residential Multi -family, 24 units per acre. Background: The original Large Scale Development was approved by the Planning Commission on January 22, 2007 for the construction a 2 -story mixed use building with 18 dwelling units and 11,126 s.f of commercial/office space within the C-1 zoning district and 2 apartment buildings with 46 dwelling units within the RMF -24 zoning district. However, approval of the project was appealed to the City Council. The City Council upheld the approval with the condition that a second point of ingress/egress be removed from Custer Lane. Therefore, the final approval date for the subject development was on February 20, 2007. The reason that the construction of the project has been delayed is due to the current instability of commercial and residential markets. Proposal: The applicant requests to extend the approval of the Large Scale Development for [one year, to expire on February 20, 2009. The Planning Department received the applicant's extension request on February 4, 2008, within the required one year time limit. Should this extension be granted, all permits necessary for construction are required to be issued before the one-year extended deadline. If the permits are not issued prior to February 20, 2009, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 08-2923, the requested extension to the LSD 07-2414 (Pebble Creek Flats), with the following conditions: K:IReports120081PC Reports103-February II NDM 08-2923 (Pebble Creek Flats Extension).doc 2/7/2008 Planning Commission ADM 08-2923 Pebble Creek Agenda Item 4 Page 1 of 16 1. The applicant shall be allowed until February 20, 2009 to receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. If all permits have not been received by this time, the Large Scale Development approval shall be revoked. 2. All other conditions of approval for the large scale development 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 February 04, 2008, prior to the one year time limit ending on February 20, 2008. (2) The applicant has stated that the current instability of the commercial and residential markets has delayed this project, but that they plan to move forward in the near future. PLANNING COMMISSION ACTION: ❑ Approved 9 Denied 9 Tabled Motion: Second: Vote: Meeting Date February 11, 2008 The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity -requesting' approval of this development item. Signature Date K: IReports120081PC Reports103-February 11 LIDM08-2923 (Pebble Creek Flats Extension).doc 2/7/2008 Planning Commission ADM 08-2923 Pebble Creek Agenda Item 4 Page 2 of 16 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: (B) (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; Storm water, drainage, and erosion control permits; Tree preservation plans; Sign permits; and, (7) (8) (9) (10) Floodplain development permits. 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 dateof approval: (a) For any renovationor 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. 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. (3) K: IReports120081PC Reportsl03-February 111ADM08-2923 (Pebble Creek Flats Extensron).doc 2/7/2008 Planning Commission ADM 08-2923 Pebble Creek Agenda Item 4 Page 3 of 16 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 17, 2007 Updated January 23, 2007 LSD 07-2414: Large Scale Development (PEBBLE CREEK FLATS, 598): Submitted by N. ARTHUR SCOTT for property located at INTERSECTION OF 18TH ST.AND CUSTER LANE. The property is zoned C-1, Neighborhood Commercial and RMF -24, Residential Multi -family — 24 units per acre, and contains approximately 4.21 acres. The request is for a 2 -story mixed use building with 18 dwelling units and 11,126 s.f. of commercial/office space within the C-1 zoning and 2 apartment buildings with 46 dwelling units within the RMF -24 zoning. Planner: Suzanne Morgan 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 Findings: Background: On January 11, 2007, the Subdivision Committee forwarded this item to the Planning Commission: Topics of discussion included drainage and the effects of development on traffic. Water flows north from the developed subdivision through this site and to the Towncreek Branch, so the development of this property will not increase water flow on any property within the adjacent subdivision. According to Trip Generation software, the proposed development will result in an average 559 24 hour, 2 -way vehicle trips in an average weekday. Existing traffic counts were taken on Custer Lane and 18th Street over a four day period and found to be well below the capacity for a Local Street and Collector Street. The results of the traffic counts are as follows: 24-hour period for traffic travelin¢ in both directions Location Friday (1/12) Saturday (1/13) Sunday (1/14) Monday (1/15) *Custer Lane (South of 18th Street) 401 313 227 318 **18th Street (West of Custer Lane) 4,571 2,731 1,603 2,842 *Custer Lane is designated a Local Street, which has a Design Service Volume of less than 4,000 vehicle trips per day. **18`" Street is designated a Collector Street, which has a Design Service Volume of 4,000 to 6,000 vehicle trips per day. History: On May 8, 2006, the Planning Commission unanimously denied a request to rezone the portion of C-1 property (approximately 1.5 acres) to RMF -24. There were concerns raised from the neighbors regarding the use of the property and the infill development. Many of the Commissioners voiced their opinion that the development of this property would have to be done carefully, being considerate of the existing single family lots, and recommended that development be proposed as a PZD. K: IReports120071PC Reports101-22-071LSD 07-2414 (Pebble Creek Flats).doc 2/7/2008 Planning Commission ADM 08-2923 Pebble Creek Agenda Item 4 Page 4 of 16