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HomeMy WebLinkAbout2009-09-28 - Agendas - FinalWttev?lle 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 28, 2009, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2009 Planning Commissioners Sean Trumbo Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Jeremy Kennedy Jim Zant Craig Honcbell *ievile TI IE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA 113 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION MONDAY, SEPTEMBER 28, 2009, 5:30 p.m. Room 219, City Administration Building Call to Order Roll Call The following items will be considered: Consent: 1. Approval of the minutes from the Monday, September 14, 2009. New Business: 2. CUP 09-3417: (MADEWELL REAL ESTATE/HUNTSVILLE, 529): Submitted by MANDY BUNCH for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.64 acres. The request is for a real estate office, Use Unit 25 (Offices, Studios and Related Services) in the NC, Neighborhood Conservation, Zoning District. Planner: Jesse Fulcher 3. CUP 09-3415: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 3.16 acres. The request is for metal recycling, Use Unit 28, (center for collecting recyclable materials,) in the 1-1, Heavy Commercial and Light Industrial, Zoning District. Planner: Andrew Garner 4. RZN 09-3416: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 2.10 acres. The request is to rezone the subject property to I-2, General Industrial. Planner: Andrew Garner All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. PC Meeting of September 28, 2009 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 21, 2009 CUP 09-3417: (MADEWELL REAL ESTATE/HUNTSVILLE, 529): Submitted by MANDY BUNCH for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.64 acres. The request is for a real estate office, Use Unit 25 (Professional Offices) in the NC, Neighborhood Conservation Zoning District. Planner: Jesse Fulcher BACKGROUND: Property description and background: The subject property is located at 2695 E. Huntsville Road and is currently developed with one single-family home, constructed in 1946. The Fayetteville City Council approved a rezoning request on August 18, 2009, rezoning the property from RSF-4, Residential Single-family to NC, Neighborhood Conservation. The applicant originally requested to be rezoned to R -O, Residential Office; however, later modified the request after being tabled by the Planning Commission. Adjacent properties consist of single- family homes; however, there are several nonresidential uses and zoning districts in the immediate vicinity of this property. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Residential Single -Family RSF-4, Residential Single -family -4 units/acre South Residential Multi -Family RSF-4, Residential Single-family — 4 units/acre East Residential Multi -Family RSF-4, Residential Single-family — 4 units/acre West Residential Multi -Family RSF-4, Residential Single-family — 4 units/acre Proposal: The applicant is requesting a conditional use permit to allow Use Unit 25 (Professional Offices) to allow for the construction of a 2,070 sq. ft. real estate office on the subject property. The office will include 7 parking spaces and approximately 3-6 employees. The office will operate during normal business hours of 8:00 am to 5:00 pm, Monday through Friday. Public Comment: Staff has not received any public comment KlReports120091PC Reports121-September 28ICUP 09-3417 (Madewell 3695 Huntsvillejdoc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 1 of 14 RECOMMENDED MOTION: Staff recommends approval of the requested conditional use for a professional office (Use Unit 25) on the subject property with the following conditions: 1. Planning Commission determination of a variance from Chapter 166.08(F)(1)(a) Access Management, which requires a minimum separation of 250' between curb -cuts. The applicant is requesting approval to construct a new driveway for a proposed office building that will be located approximately 70' east of an existing driveway. Due to the narrow width of the property, the applicant is unable to provide 250' of separation. Therefore, staff recommends in favor of a variance to allow the applicant the ability to access the adjacent public street. However, staff recommends that the driveway be constructed across from Cunningham Lane, providing separation of approximately 145'. Additionally, this will create a four-way intersection, creating safer turning movements for vehicles accessing Huntsville Road. Should it be determined at the time of construction plan review that the driveway can not be feasibly constructed along the east property line, the applicant may return to the Planning Commission for additional review. 2. A Certificate of Zoning Compliance shall be required prior to the start of operations of the community center. 3. Hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday -Friday. 4. Storage of real estate signs or other commonly used materials for a real estate office shall be screened from the right-of-way and all adjacent properties, or stored inside. 5. Trash service shall be coordinated with the Solid Waste Department during the Site Improvement Plan review process. A commercial dumpster shall be screened from the right-of-way and adjacent properties with a screen constructed of materials that are complimentary and compatible with the principal structure. 6. Signage shall be permitted in accordance with the Neighborhood Conservation zoning district. 7. Parking stalls shall be increased to 19' in depth, unless 2' of greenspace is provided for the vehicle overhang. 8. Any new exterior lights shall not only meet the requirements of the Outdoor Lighting Ordinance, but shall be of a pedestrian -scale as opposed to a standard parking lot pole light and shoebox fixture, and shall be unobtrusive to neighboring properties. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: O Approved O Denied El Tabled Motion: Second: Vote: Meeting Date: September 28, 2009 K: IReports12009IPC Reports121-September 28ICUP 09-3417 (Madewell_3695 Huntsville).doc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 2 of 14 Comments: The CONDITIONS OF APPROVAL listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: Future Land Use Plan/City Plan 2025 Designation: Residential Neighborhood Area. - Almost exclusively residential in nature, but encourages traditional neighborhood development that incorporates low -intensity nonresidential uses. Sec 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and; 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for Use Unit 25 within a Neighborhood Conservation zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under § 161.23 (see attached) to grant the requested conditional use permit. K:IReports120091PC Reports127-September 281CUP 09-3477 (Madewell 3695 Huntsville).doc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 3 of 14 (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: The property is currently developed with a single-family structure that is dilapidated and has been abandoned for several years. The applicant has also stated that the structure contains termites and mold, likely rendering the structure unsafe and unlivable. Removal of the existing structure and redevelopment of the property will be a great benefit to the public interest and surrounding property owners. Construction of a residential -scale office building will not, in staff's opinion, have a negative or adverse impact on the public interest. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: Ingress and egress to the facility will be provided by a new 24' driveway, which will have to meet minimum separation requirements from adjacent curb -cuts. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the, special exception on adjoining properties and properties generally in the district; Finding: Parking is required in the amount of one space per 300 sq. ft. The required amount of parking for this request is a total of 7 parking spaces, which will be provided. Screening along the east and west property lines may be required to protect adjacent properties from noise and light glare. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. K:IReports120091PC Reports121-September 281CUP 09-3417 (Madewell3695 Huntsville).doc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 4 of 14 (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Water and sewer service is currently available to the property. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Screening along common property lines is required where a nonresidential land use abuts a residential land use. (f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Signs shall be permitted in accordance with the Neighborhood Conservation zoning district. Finding: N/A (g.) Required yards and other open space; and (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds the building design and size is in keeping with the predominantly residential character of the area. Additionally, the small-scale nature of the office is similar in nature to several other nonresidential uses along Huntsville Road. In staff's opinion the proposed use is compatible with adjacent properties and other properties in the district. K.9Reports120091PC Reportsl21-September 281CUP 09-3417 (Madewell_3695 Huntsville).doc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 5 of 14 161.23 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the .other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 10 Three-family dwellings Unit 12 Offices, studios and related services Unit 24 Home occupations Unit 25 Professional services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. 10 Units Per Acre. (D) Bulk and area regulations. (1) Lot width minimum. Single Family 40 ft. Two Family 50 ft. Three Family 60 ft. (2) Lot area minimum. 4,000 Sq. Ft. (E) Setback regulations. Front The principal facade of (F) Minimum buildable street frontage width. 40% of lot (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. K: IReports120091PC Reports127-September 281CUP 09-3417 (Madewell_3695 Huntsville).doc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 6 of 14 a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, facing street The principal facade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side, internal, if adjoining a similar use unit. 5 ft. Side, internal, if adjoining a different use unit 5 ft. Rear, without easement or alley 5 ft. Rear, from center line of an easement or alley 12 ft. (F) Minimum buildable street frontage width. 40% of lot (G) Height regulations. Maximum height is 3 stories or 45 feet which ever is less. K: IReports120091PC Reports127-September 281CUP 09-3417 (Madewell_3695 Huntsville).doc September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 6 of 14 August 20, 2009 City of Fayetteville Planning Staff 125 West Mountain Fayetteville, Arkansas 72701 EB LandWorks, Inc. Landscape Architecture Civil Engineering PO Box 3432, Fayetteville, Arkansas 72702-3432 479.444.7769 phone 479.444.7793 fax RE: Proposed Madewell Real Estate Office Conditional Use Permit Application Fayetteville, Arkansas Please accept this correspondence as the written description fulfillment of the Conditional Use submittal process. The proposed project is to demolish an existing abandoned structure, construct one approximately 2070 sf office building with the required 7 parking stalls, and necessary utility service lines. The hours of operation for this building are 9 am to 5 pm. There will be two full-time employees, with 3 contract employees practicing on an as needed basis. The peak user load would be approximately 6 people, when they are hosting a real estate closing. Due to the nature of this business operation, no outdoor lighting is proposed, residential push cart garbage service is requested, and no screening is proposed. No adverse traffic impacts are anticipated as a result of the low user volume. The proposed access will be constructed to meet city and AHTD access standards. No noise issues are expected, and the owners understand the Neighborhood Conservation zone is subject to the residential noise limits. This project is a substantial improvement to the existing property and will be compatible with the adjacent properties. If any additional information is needed, or you have any questions, please call me at (479) 444-7769. Best Regards, Mandy Bun', PE September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 7 of 14 September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 8 of 14 .0-. 1 ==..47/ 1 ,g1VOG z > 00 7) ill a rn r r fll r > -i Fri 0> HH 1• September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 9 of 14 MA MADEWELL REALTY FLOOR PLAN SCALE: I/5" = I' -O" N 2,077 50. FT. September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 10 of 14 40 0 15' L.S. SETBACK 25' BUILD -T ZONE LIMIT 40 SCALE 1 "=40' 24' L 1 17' ■ WALK Is°°p I N I N I w o I I o I � Iz I I I I I J N 90°00'00"E 112.50' 5.95' PROPOSED LEGEND PROPERTY LINE NUMBER OF PARKING STAT I S PAVEMENT OMITS CONCRETE SIDEWALK NOTE: GARBAGE SERVICE BY HAND CART PARKING RATIO BLOCK BUILDING SQ.FT. # REQUIRED OFFICE 2,070 SF 1/300: 7 3695 E. HUNTSVILLE ROAD MADEWELL REAL ESTATE FAYETTEVILLE, ARKANSAS EB LandWorks, Inc. LANDSCAPE ARCHITECTURE CIVIL ENGINEERING P.O. BOX 3432 Fayetteville, Arkansas 72702 Voice 479.444.7769 Fax 479.444.7793 EBLW # 09.13 Item/Ref. CUP SITE PLAN Date AUGUST 20 2009 Sentemher 2k 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 11 of .14. RM` R 0/4/5 a1.YA.o rai12 )5E11.0 RS R6/IEALLE AR 12101-15a8 12106-15.08 SANITARY SEWER INFORMATION: MANHOLE AI N. RIA ELEVATION -1165.67 148. IN NORTH=117850 INV_ OU71 SDUTH=I178.4D MANHOLE\ 12 N. RIM ENATION=11655 INNV. IN E RTH=1178.35 V. OUT {.{ EST=1178.35.2 MANHOLEI�3 N. RIM ELEVATION -1185.43 INV. 1N EAST=1577,98 INV. OUT WEST=117785 0 0.109.53' R=3737.68' D=01'40'45' C LEN -109.55 BRG-S6630'35-E 5-182,4-000 54 65.18 5090 W Weft ig; AM 5861Lc 02 72108-4453 Ts. T 80206 1_STORY FRAME HOUSE #3695 3 Fl 44MRR rl I lA' /5 / I / I /I / / / / 4055-000 701506814. MFTEt3633 L 84 84E• Vl1CP 2701-1450 TOTAL AREA 0.59± ACRES 25.767.6± 50. FT. ZONING: NC b N S8710'321 112.50 43.50 NBr10'32 / r IFMPCRANY RFAYHMARN COTTON SPINDLE NORTH 510E POWER POLE ELEVATION= 1186.77 1755 tr.mirSvILLE R4 FA5EIfMtLE AR 7278, -1851 5W COR. / SW1/4. 5E1/4 SECTION 13 HAS PER SURVEY DRAWER 3. PACE 345 LAND DOC. 99-007723 September 2 Planning Com CUP 09-3417 Agenda Item Page 12 of 14 L=1613737.6.74' R-& A=D226'46" C LEN=161.72' BRG-564125'50"5 ASIS OF 75441465: ARKANSAS 000RDINA (NORTH Z Ti Y PI 500 -15N -29W-0-13-230-7 200$ issi Mad - ell Real Estate CUP09-3417 Close Up View MADEWELL REAL ESTATE Overview 0 75 150 300 450 600 Feet September 28, 2009 Planning Commission CUP 09-3417 Madewell Real Estate Agenda Item 2 Page 13 of 14 Overview Legend Subject Property CUPO9-3417 0 Boundary 0.3 0.6 selthg n IP nq- i 1417 KincinwP erSSi°n Raaf Fe" 8,2009 Agenda Item 2 Page 14 of 14 te el�eville ARKANSAS PC Meeting of September 28, 2009 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 22, 2009 CUP 09-3415: (TOM SMITH/ROLLOFF/IRON & METAL, 599):, Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 3.16 acres. The request is for metal recycling, Use Unit 28, (center for collecting recyclable materials,) in the I-1, Heavy Commercial and Light Industrial, Zoning District. Planner: Andrew Garner BACKGROUND: Property Description: The property is located at the old Fayette Junction railroad station site on the north side of Cato Springs Road east of Vale Avenuealong the east side of the Arkansas Missouri Railroad railroad tracks. The site is located within the Fayette Junction Master Plan area and is zoned I-1, Heavy Commercial/Light Industrial. The property contains two warehouse buildings, an office building, and large open yards used for scrap metal storage and processing for the current business, Springdale Iron and Metal, LLC. There is a railway spur bisecting the site. Surrounding zoning and land use is depicted in Table 1. The subject 3.16 -acre portion of the site is identified as Area 1 on the applicant's Project Description Map, included in this packet. Area 1 is the triangular- shaped parcel closed to Cato Springs Road and contains the weigh station, two warehouses, and old mill building. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North Industrial 1-1, Heavy Commercial/Light Industrial South Residential; Industrial 1-1, Heavy Commercial/Light Industrial East Industrial (Mid -Continent Concrete) 1-1, Heavy Commercial/Light Industrial West Railway corridor; Multi- family residential RMF -24, Residential Multi -Family 24 Units/Acre Background: On June 25, 2001 a Conditional Use Permit (CUP 01-16 Roll -Off Service) was approved on the subject property to allow for collection of recycling materials including cardboard bailing and metal recycling. The permit was specific to the amount and type of recycling activity. The 2001 staff report with conditions of approval and K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 1 of 40 meeting minutes are attached to this staff report. On October 1, 2001 the applicant issued a letter to the City withdrawing the CUP application basically stating that their business could not succeed with all of the required conditions of approval. However, the Roll -off business has continued at the location in some capacity since 2001. Several zoning violation letters have been sent to the current applicant, Roll -off, related to metal salvage and other solid waste disposal issues on this site over the years. In March 2009 the applicant received another violation notice from the City Planning division indicating that the ongoing metal storage and processing was not a permitted use on the property. In an attempt to resolve this most recent violation, the applicant is proposing a conditional use permit and rezoning of the property. June 8, 2009 Planning Commission: On June 8, 2009, the Planning Commission denied CUP 09-3293 (Roll -off) for a recycling facility on the overall approximately 5 -acre property. Issues and concerns discussed included land use compatibility and that the proposed use was more of a metal salvage use than a recycling center. The meeting minutes are attached to this report. Proposal: The applicant has revised their conditional use permit application from the previous submittal to only include the triangular-shaped 3.45 -acre parcel for the conditional use permit for the metal recycling facility, and to rezone the northern 2 -acre parcel to I-2, Heavy Industrial, to permit for the continuation of the metal salvage operation. The applicant proposes to operate a metal recycling operation (currently ongoing on the property) which includes purchasing, processing, sorting, storage, and loading of metal for shipment. The processing of metal involves dismantling, cutting, crushing, baling. The metal on the 3.45 -acre portion of the site (Area 1) is not proposed to be kept outdoors, but would be processed and stored in the two existing warehouses. Customers would enter the facility from Cato Springs Road, drive to the scales for check-in. They would then proceed forward to Warehouse #2 (see site plan) for unloading and check-out. Materials dropped off by customers would be processed then stored in one of the warehouses or transferred to the metal salvage portion of the business off-site across the railroad spur (Area 2) by the end of each business day. The company has five employees and approximately 20-30 customer trucks and trailers and 10 company trucks enter and exit the site during the work day. Noise sources from the proposed operation are: • Rail car movement: 2 times/week • Track hoe operation: 8 hrs./day ▪ Skid steer operation: 6 hrs./day • Company truck deliveries/pickups: 10 vehicles/day • Customer traffic: 20-30 vehicles/day The hours of operation are: Weekdays 8 AM — 5 PM; Saturday 8 AM —12 PM. K:\Reports\2009\PC Reports \September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 2 of 40 Request: The applicant requests approval of a conditional use permit to operate a center for the collection of recyclable materials (Use Unit 28) in the I-1 zoning district. Public Comment: Staff has not received public comment on this proposal. Arkansas Department of Environmental Quality (ADEQ): Staff discussed this business with the ADEQ. It was determined that this type of business is required to obtain an Individual National Pollutant Discharge Elimination System (NPDES) Stormwater Permit. An email from ADEQ is attached to this report. It appears the applicant has been operating their business on this site for almost a decade without this required permit. RECOMMENDED MOTION: Staff recommends denial of the proposed conditional use permit based on the findings herein, that the intensity and environmental impacts of the operation of Springdale Iron and Metal, LLC on this site as described in the application is not compatible with the surrounding land uses and environmental setting, and is more appropriate in a heavy industrial setting, not in a predominantly residential area. The applicant shall have 45 days from the date of the Planning' Commission decision to cease operation of the current business and remove the metal stockpiles from the property. If the Planning Commission recommends in favor of this application staff would recommend the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of compatibility of the proposed metal recycling facility with surrounding land uses. 2. Due to a continued history of non-compliance with city ordinance by the current applicant on this property, staff recommends the applicant provide a performance bond or guarantee to the City to ensure all conditions and improvements are met. The guarantee shall be issued for a period of five years and the amount shall be determined through a detailed cost analysis, to be approved by the City. 3. Prior to continuing business on this site the applicant shall complete the following items: a. Comply with all state, federal, and local laws and regulations including obtaining an Individual NPDES Permit for Stormwater from ADEQ. Business operations cannot continue at this site until the permit is obtained. b. Due to the location of this intense industrial use in a predominantly residential area of town and in close proximity of waterways, K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 3 of 40 including Town Branch within a couple of hundred feet to the north, a number of land use and environmental impacts should be mitigated. In order to address issues with dust being generated from heavy equipment on this site, gravel being pulled out onto Cato Springs Road from the frequent truck trips out of the site, and to effectively capture and treat stormwater runoff from this site, the driveway entrance, vehicle driving areas, and material storage areas of the recycling center shall be paved, with appropriate low impact development stormwater techniques incorporated into the design of the drainage and approved by the City Engineering Division and in compliance with the stormwater permit required by ADEQ. The applicant shall submit a Site Improvement Plan and Parking Lot Permit application to the City for review and approval prior to construction. c. The Site Improvement Plan and Parking Lot Permit plans shall include site, grading, tree preservation, and landscape plans in conformance with City code. The driveway entrance and parking lot drive aisles shall meet city requirements for width, radius, striping, etc. d. In order to provide a buffer and screening between this non- residential use and the residential use to the west, a wood board privacy fence (no, less than six feet in height) and dense evergreen vegetative plantings shall be installed along the western property line, where possible. The plantings shall be on the west side of the fence in defined landscape beds with amended soil, edging and irrigation, the plant species to be approved by the Urban Forester. The fence and vegetative buffer with all details shall be included on the landscape plan submitted with the Site Improvement Plan/Parking Lot Permit applications. e. Obtain a Certificate of Zoning Compliance from the Planning Division. 4. Only metal materials shall be accepted into this facility, other materials such as asphalt, shingles, and other solid waste are not permitted at this location. 5. All materials shall be sorted, processed, packed, and stored inside one of the warehouse buildings. Materials may be temporarily staged outside one of the warehouse buildings as customers unload, however, all materials shall be placed inside one of the warehouse buildings by the close of business each day (5 PM). 6. Large trailers shall be utilized only for loading and removal of materials from the site, and may not be utilized for storage. Any one trailer may be K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Oft) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 4 of 40 parked at the site for a maximum of five (5) days. 7. Hours of operation shall be limited to Monday through Friday, 8:00 AM - 5:00 PM, and Saturday, 8:00 AM — 12:00 PM. 8. Any new exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required for review and approval prior to installation of any new Light fixtures. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: ❑ Approved 0 Denied ❑ Tabled Motion: Second: Vote: Meeting Date: September 28, 2009 City Plan 2025 designation: Fayette Junction Neighborhood Plan The Fayette Junction Neighborhood Plan's guiding principals are: (I) Integrate the built and natural, environments; (2) Create a clean tech cluster; and (3) Support Multi- modal transit. The subject property is at the hub of the Fayette Junction Master Plan and is identified as the potential location of transit -orient development and a passenger rail stop. The proposed metal recycling facility does not appear compatible with these guidingprincipals or the vision of the plan because of the intense environmental impacts and close proximity to residences and public streets. Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 5 of 40 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use for a recycling center (Use Unit 28) within the I-1 zoning district. The applicant's description of the proposed use for a metal recycling center that would process and store the materials in warehouses falls under Use Unit 28. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and The Planning Commission is empowered under §161.24 to grant a conditional use permit for a recycling center within the I-1 zoning >• district. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: The subject property was previously approved as a recycling center for various materials such as plastic, cardboard, metal, and other retail return merchandise in 2001. This approval required very specific conditions and limits on the business. The applicant withdrew the conditional use permit approval stating that their business could not succeed subject to the required conditions. The current business on the property is not a general recycling center as approved in 2001, but is rather a facility that collects, processes, stores, and transports only metal. There have been several zoning violations by the current business on this property, dating back to 2001. The current application is an attempt to resolve the most recent violation. The business involves bulk metal being transported to the site where it is disassembled, separated, or processed. The processing of metal involves cutting and or separating the metal into different categories. The current application proposes to store all metal inside the existing warehouses on Area 1 of the site, as opposed to leaving the materials K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 6 of 40 in open stockpiles as currently occurs. This use requires constant use of heavy construction equipment and large truck transport to and from the site. The material would either be stored inside, or transferred across the railroad spur to the metal salvage portion of the site that is proposed to be rezoned to I-2, General Industrial (Area 2). While the conditional use portion of the site would not have large stockpiles of material outdoors, the volume and intensity of construction equipment loading and moving the materials would be high. This type of work would generate a large amount of dust and noise, and would visually continue the appearance of an industrial yard. The property to the west across the railroad tracks and south across Cato Springs Road contain residential uses. There are also residential uses in the immediate vicinity to the southeast. This site and the current business operations are visible from Vale Avenue, Cato Springs Road, and these residences. The previous use of the property was for a rendering plant that manufactured animal feed products, known as the Bakery Feeds Plant. This business operated from approximately 1994 — 2000, when it was closed through a settlement agreement between the city and property owner. Residents had complained of this industrial use within the neighborhood, which proved detrimental. The City filed suit against the property owner,eventually paying the business to remove their operations from Fayetteville. The Roll -off business began operation at this site in approximately 2001. This business has been in violation of City, State, and Federal ordinance and regulations on and off for almost a decade, and is not considered to be grandfathered -in. While this site is located at a historic industrial location along the railway corridor, staff finds that the proposed use is not compatible due to the intensity of the business and visible location. The City of Fayetteville encourages recycling and the use of facilities such as the one proposed. However the location and the intense manner in which the business proposes to operate is not appropriate for the proposal, in staffs opinion. Although the proposed facility falls under Use Unit 28 for a recycling facility and could be permitted as a conditional use, staff does not feel the nature of the proposal is compatible with the surrounding land uses or the adopted land use plan. The proposed metal recycling is an intense industrial use, and is not a typical small-scale recycling center for general public buy-back, but caters to a more industrial and commercial customer base. Staff finds that this use would adversely affect the public interest in terms of visual, air quality, noise, and water quality impacts. Should the Planning Commission decide in favor of this request, staff has recommended a number of conditions that may mitigate some of the impacts. K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll OR) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 7 of 40 (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: The primary access to the property is off of a curb cut onto Cato Springs Road to the south, an improved Collector Street. Access is also provided off of Pettigrew Street which is an unimproved dirt road along the northern property line. In addition, this site has direct access to the Arkansas Missouri Railroad along its western property and a railroad spur into the site. Ingress and egress to the property is adequate; there are not adverse traffic safety or pedestrian issues with this use. This site is easily accessible off of I-540, Razorback Road, and Cato Springs Road. Street improvements do not appear warranted with the proposed use. However, the applicant proposes to encourage the general public into this site as part of the buy-back recycling portion of the business. This may pose traffic flow safety issues unless the parking lot and drop off areas are paved, defined, and appropriate signage installed to separate the general public from the large construction vehicles. The existing use also results in dust and gravel from the site being tracked onto Cato Springs Road. If the Planning Commission chooses to approve this use, staff recommends the driveway and traffic flow and storage areas on the site be paved in conformance with City ordinance for drive aisle widths, curb return radius, etc. to help offset impacts from traffic safety, dust, and gravel, and to meet city codes as other projects are required to do. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Oft) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 8 of 40 Finding: The off-street areas for bulk metal drop-off and processing are located at the existing weigh scales, warehouses, and yards on the property. Access and traffic flow is safe for the commercial and industrial traffic and has been established for a number of years. As discussed in Finding 2.a., above, staff finds that the site is not currently suitable for general public traffic and would need to be improved. In addition, the metal processing is easily visible from residential property and the public right-of-way. Although specific studies have not been conducted, it is staffs opinion through observation of the site and development patterns in the area that this heavy industrial use generates noise, dust, and adverse visual impacts. These impacts may lead to economic degradation of adjoining and vicinity residential and undeveloped properties, and may be exacerbating environmental justice issues in an economically challenged area of Fayetteville. (c.) Refuse and service areas, with particular reference to ingress and egress, and off- street parking and loading, Finding: No changes in refuse and service areas are proposed. In compliance with City ordinance, if anydumpsters were to be installed they would be required to be screened with materials compatible with, and complementary to, the principal structure with access not visible from the street. (d.)Utilities, with reference to locations, availability, and compatibility; Finding: All necessary utilities to serve the development currently exist. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: As discussed in Finding 3.b staff has concerns with the visibility of the proposed use from surrounding residential properties and the public right-of-way. Due to the nature of this heavy industrial use and the layout of the site, staff does not find that adequate screening and buffering is feasible. One option would be to require a wood board privacy fence and dense vegetation in an attempt to screen the industrial equipment and metal salvage and processing yard areas, although the adjacent and interior railroad tracks may make this option difficult. Staff finds that the general intensity of this use is not appropriate in this setting, and would be difficult to be buffered and/or screened. K:\Reports\2009\PC Reports September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 9 of 40 (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: All signage shall be reviewed for compliance with the underlying zoning districts, and shall be permitted by a separate sign permit document prior to installation. (g.) Required setbacks and other open space; and Finding: The site currently meets setbacks and open space requirements for the I-1 zoning district. (h.)General compatibility with adjacent properties and other property in the district. Finding: As discussed in previous findings throughout this report, staff does not find that this use is compatible with adjacent properties and other property in the area. This is a predominantly residential area of town, the subject property being a small pocket of remaining industrial - zoned and utilized property adjacent to the railroad tracks. Over the years this site retained the industrial zoning as a reflection of the historic use. While permitted uses within the I-1 district would be allowed, the existing zoning does not indicate compatibility for continued or expanded industrial uses in the area, including the proposed metal recycling facility. The surrounding areas have been developed with moderate single and multi -family housing. Many of these units were likely developed as worker housing for the industrial uses including lumber mills and plants around the railroad corridor, and later as university housing. The historical industrial land uses have been almost entirely eliminated from this area of the City by natural market processes. The City's Future Land Use Plan and the Fayette Junction Neighborhood' Plan supported and adopted by the Planning Commission and City Council do not indicate expansion or continuation of industrial uses such as the one proposed in this vicinity. Staff finds that the proposed metal recycling facility is not compatible due to the intense nature of the business that would be more appropriate in an area separated away from residential use. K:\Reports\2009\PC Reports September 28\CUP 09-3415 (Roll Oft) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 10 of 40 • 161.24 District I-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The. Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. 1) Permitted uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 12 Offices, studios and related facilities Unit 13 Eating places Unit 17 Trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing ' -. Unit 25 Professional offices Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies .. .. 2 Cond ional uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit.28 Center„for collecting recyplablematelials Unit 36 Wireless communications facilities Unit 38 Mini -storage units (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front, when adjoining A or R districts 50 ft. Front, when adjoining C, I, or P districts 25 ft. • Side, when adjoining A or R districts 50 ft. Side, when adjoining C, I, or P districts 10 ft. Rear, when adjoining C, I, or P districts 10 ft. (F) Height regulations. There shall be no maximum height Limits in I-1 District, provided, however, that any building which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 25 feet. (G) Building area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07; Ord. 5195, 11-6-08) K:\Reports\2009\PC Reports \September 28\CUP 09-3415 (Roll Off) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 11 of 40 FAYETTEVILLE UNIFIED DEVELOPMENT CODE CHAPTER 162: USE UNITS (BB) Unit 28. Center for collecting recyclable materials. (1) Description. Unit 28 is provided in order that centers for collecting recyclable material may be located in appropriate commercial and industrial areas. (2) Included uses. Center for collecting recyclable materials K:\Reports\2009\PC Reports\September 28\CUP 09-3415 (Roll Oft) September 28, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 3 Page 12 of 40