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HomeMy WebLinkAbout2010-11-22 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting November 22, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on November 22, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: • Fayetteville Natural Heritage Association - Green Infrastructure Video Consent: 1. Approval of the minutes from the Monday, November 8, 2010 meeting. Old Business: 2. RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Submitted by BLEW & ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE, and contains approximately 0.74 acre. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Planner: Dara Sanders New Business: 3. ADM 10-3716: Administrative Item (545 W CENTER ST): Submitted by David McKee for property located at 545 W. CENTER STREET. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 0.39 acres. The request is for variances from the parking and access management ordinances for a redevelopment project. Planner: Andrew Garner 4. ADM 10-3717: Administrative Item (211 N. BLOCK AVENUE): Submitted by Tom and Sallie Overbey for property located at 211 N. BLOCK AVENUE. The property is zoned MSC, MAIN STREET CENTER., and contains approximately 0.38 acres. The request is for a variance from the Downtown Design Overlay District standards. Planner: Dara Sanders 5. CUP 10-3709: Conditional Use Permit (LIERLY LANE S/D/LOTS 52-56, 62): Submitted by APPIAN, INC. for property located at LIERLY LANE S/D, LOTS 52-56 & 62. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.17 acres. The request is to create two tandem lots with the replat. Planner: Dara Sanders 6. PPL 10-3694: Preliminary Plat (LIERLY LANE S/D/ LOTS 52-56, 62 244): Submitted by TTO, LLC for property located at LIERLY LANE S/D, LOTS 52-56 & 62. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.17 acres. The request is to replat lots 52-55 and 62 of the Lierly Lane Subdivision to adjust existing property lines and to create five (5) new lots. Planner: Dara Sanders 7. CUP 10-3693: Conditional Use Permit (1515 BURR OAK / ARKANSAS ATHLETES OUTREACH, 287): Submitted by KIP HEARNE H2 ENGINEERING, INC. for property located at 1515 BURR OAK DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 4.33 acres. The request is for continued and expanded Use Unit 4, Cultural and Recreational Facilities for the Arkansas Athletes Outreach organization at this location. Planner: Andrew Garner 8. LSD 10-3692: Large Scale Development (1515 BURR OAK DR. / ARKANSAS ATHLETES OUTREACH, 287): Submitted by KIP HEARNE H2 ENGINEERING, INC. for property located at 1515 BURR OAK DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 4.33 acres. The request is for an expansion of the existing facility with associated parking. Planner: Andrew Garner 9. CUP 10-3703: Conditional Use Permit (MT. COMFORT CEMETERY, 322): Submitted by the MT. COMFORT CEMETERY ASSOCIATION for property located at THE NW CORNER OF MT. COMFORT ROAD AND RUPPLE ROAD. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 12.55 acres. The request is for a conditional use permit to allow for the expansion of the existing cemetery. Planner: Andrew Garner 10. ADM 10-3519: Administrative Item: (UDC AMENDMENT CH. 166, DEVELOPMENT): Submitted by CITY STAFF, the request is to amend Chapter 166, Development, Section 166.04 (B)(3)(c)(iii)., to require the installation and maintenance of private street signs at time of development. Planner: Jesse Fulcher The following items have been administratively approved by staff. LSP 10-3676: Lot Split (2231 N. DOUBLE SPRINGS, 318): Submitted by JESSIE DOYLE for property located at 2231 N. DOUBLE SPRINGS ROAD. The property is in the Planning Area and contains approximately 4.00 acres. The request is to divide the subject property into two tracts of 2.5 and 1.5 acres. Planner: Andrew Garner LSP 10-3681: Lot Split (CEDAR CREST / PERSIMMON STREET, 478): Submitted by JUSTIN JORGENSEN for property located at THE SOUTH SIDE OF PERSIMMON STREET WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned P-1, INSTITUTIONAL and contains approximately 2.25 acres. The request is for development of a private elementary and pre-school. Planner: Andrew Garner LSP 10-3680: Lot Split (SCHMITT-LIERLY / 3481 N. ADAMS ROAD, 202): Submitted by DAVE JORGENSEN for property located at 3481 N. ADAMS ROAD. The property is in the Planning Area and contains approximately 14.52 acres. The request is to divide the subject property into two 7.26 acre tracts Planner: Dara Sanders L -SIP 10-3683: Large Site Improvement Plan (FIRESTONE AUTO, 372): Submitted by H2 ENGINEERING for property located at the NW CORNER OF MISSION BOULEVARD AND BOX AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.2 acres. The request is for an 8,142 s.f. tire store with associated parking and infrastructure. Planner: Dara Sanders NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission November 8, 2010 Page 1 of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 8, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: October 25, 2010 Page 3 VAC 10-3704: Vacation (HAPPY HOLLOW SCHOOL, 527) Page 3 VAC 10-3662: Vacation (OAKBROOKE III, 361) Page 3 ADM 10-3706: Administrative Item (BUBBLES CHILD CARE) Page 3 Unfinished Business: ACTION TAKEN Approved Forwarded Forwarded Approved ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE): Page 4 Forwarded New Business: LSD 10-3678: Large Scale Development (BRYCE DAVIS PARK, 401) Page 6 Approved CUP 10-3675: Conditional Use Permit (KIM MAGUIRE / 989 RAZORBACK RD., 560) Page 7 Approved CUP 10-3685: Conditional Use Permit (3980 WEDINGTON / PAWN SHOP, 400) Page 8 Approved CUP 10-3687: Conditional Use Permit (636 FOSTER LANE, 513) Page 9 Approved CUP 10-3688: Conditional Use Permit (2388 N COLLEGE / KUM & GO, 329) Page 10 Approved November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 1 of 14 Planning Commission November 8, 2010 Page 2 of 14 LSD 09-3495: Large Scale Development (2388 N COLLEGE / KUM & GO, 329) Page 11 Approved CUP 10-3684: Conditional Use Permit (NW CORNER 45E & BOX / FIRESTONE, 372): Page 12 Approved RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Page 13 Tabled MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Audy Lack STAFF PRESENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman Karen Minkel Sarah Wrede Chris Brown CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT STAFF ABSENT 5:30 PM - Planning Commission Chair Audy Lack called the meeting to order. Commissioner Lack requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 2 of 14 Planning Commission November 8, 2010 Page 3 of 14 Consent: Approval of the minutes from the Monday, October 25, 2010 meeting. VAC 10-3704: Vacation (HAPPY HOLLOW SCHOOL, 527): Submitted by CRAFTON TULL & ASSOCIATES for property located on CROSSOVER ROAD, 1/2 MILE NORTH OF HUNTSVILLE ROAD. The property is zoned P-1, INSTITUTIONAL, and the area to be vacated contains approximately 378 s.f. The request is to vacate a portion of the tree preservation area. VAC 10-3662: Vacation (OAKBROOKE III, 361): Submitted by BATES & ASSOCIATES for property located at OAKBROOKE SUBDIVISON III. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 21.50 acres. The request is to vacate a select number of the existing easements. ADM 10-3706: Administrative Item (BUBBLES CHILD CARE): Submitted by Derek Kilpatrick for property located at 4910 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 1.95 acres. The request is a variance from the parking lot paving requirements of Chapter 172, Parking & Loading, of the UDC, Unified Development Code. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-1, Commissioner Hoskins recused. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 3 of 14 Planning Commission November 8, 2010 Page 4 of 14 Old Business: ADM 09-3480: Administrative Item (STREAMSIDE PROTECTION ORDINANCE): Submitted by the CITY OF FAYETTEVILLE STRATEGIC PLANNING AND INTERNAL CONSULTING DEPARTMENT. The request is to amend the Unified Development Code to adopt a Streamside Protection Ordinance with an associated map and a Best Management Practices Manual. Karen Minkel, Strategic Planning Director, gave the staff report. Public Comment: Halley Hoggatt asked how the 1,300 affected properties would make a difference when there are thousands of properties contributing pollution. He also stated that the trail exemption was unfair and wanted to know how this was different than an easement that would be purchased. He also wanted the other cities to get on board too. Margaret Henderson asked if the ordinance was a restriction on her property or a taking of the property. No more public comment was presented. Commissioner Lack responded that the ordinance was adding restrictions. Kit Williams, City Attorney, gave background on the 100 acre standard and stated that existing uses and structures are grandfathered in and can be rebuilt. He stated that easements are purchased because we get rights to access and construct on someone's property. However, the streamside regulations are similar to a setback that is restricted, but is private property. Commissioner Chesser asked for clarification between gardening and cultivation. Jesse Fulcher, Current Planner, stated that cultivation is associated with crops and commercial operations. Commissioner Chesser asked for clarification on the 12' wide impervious area. Fulcher stated clarified that there are two sections in the ordinance where a private property owner could construct small impervious areas. Chris Brown, City Engineer, stated that sheet flow velocity will increase as the impervious width increases, potentially resulting in erosion. Commissioner Winston asked how staff tracks a cease of use. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 4 of 14 Planning Commission November 8, 2010 Page 5 of 14 Fulcher stated that there is a policy already in place for reviewing such cases. Commissioner Honchell asked if staff had approached the affected property owners about a voluntary buffer; about how much of a difference Fayetteville is going to make in improving water quality; about parks maintenance; and if there had been any complains from Beaver Water District about water quality. Minkel gave a brief history of the agreement between the City of Fayetteville and Beaver Water District, the Geosyntech study and the nutrient reduction plan. She also stated that prevention is much less expensive than water treatment on the back -end, and that the City will have to abide by the same rules as private property owners. Commissioner Hoskins asked about how much water went into each watershed. Minkel stated that approximately 40% of the water went into Beaver Lake, but that the water was going to end up being someone's drinking water, regardless of the watershed. Dave Jurgens, Director of Utilities, stated that a streamside buffer is one of the best ways to protect water quality and is much more cost effective than water treatment. Commissioner Earnest stated that this ordinance is important and that the variance section will hep. Commissioner Chesser stated that he supports the ordinance and that someone needs to go first. Commissioner Bunch asked if the ordinance would apply to undeveloped lots and if it would show up on the title. Minkel stated that the ordinance will apply to undeveloped lots. Williams stated that the buffer restriction will not show up on a title. Commissioner Hoskins stated that he agreed with the intent of the ordinance, but was not comfortable with the way it is written. Commissioner Honchell asked what the leading pollutant was in the Illinois River. Jurgens stated that was unsure of the leading pollutant. Motion: Commissioner Earnest made a motion to forward the item to City Council. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-2-0 with Commissioners Hoskins and Honchell voting `no'. New Business: November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 5 of 14 Planning Commission November 8, 2010 Page 6 of 14 LSD 10-3678: Large Scale Development (BRYCE DAVIS PARK, 401): Submitted by CITYOF FAYETTEVILLE PARKS DIVISION for property located at the BRYCE DAVIS DOG PARK/1595 N. DARTMOUTH DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, LINKS AT FAYETTEVILLE AND P-1, INSTITUTIONAL, and contains approximately 26.15 acres. The request is for development of a sidewalk, pavilion, and parking lot for this park. Andrew Garner, Senior Planner, gave the staff report. Alison Jumper, Park Planner discussed the background and phasing for the park. No public comment was presented. Commissioner Lack discussed that he had concerns with where the parking lot was being placed, but that after the tour of the property he understands the rationale and will be in support of the project. Commissioner Chesser agreed with Commissioner Lack's comments and discussed natural features that divide the park. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Commissioner Hoskins left the meeting. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 6 of 14 Planning Commission November 8, 2010 Page 7 of 14 CUP 10-3675: Conditional Use Permit (KIM MAGUIRE / 989 RAZORBACK RD., 560): Submitted by KIM MAGUIRE for property located at 989 RAZORBACK ROAD. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT, and contains approximately 1.34 acres. The request is to operate a bar with dancing, Use Unit 29. Andrew Garner, Senior Planner, gave the staff report. Brett Maguire, applicant, stated that he was here for questions and clarified that this will be a bar, not an eating establishment. Commissioner Chesser asked if the clarification that this will be a bar will change staff's recommendation. Garner stated that Use Unit 29 permits a bar with dancing, so for the business to be primarily a bar would be allowed under Use Unit 29 and would not change staff's recommendation. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the item with the conditions as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 7 of 14 Planning Commission November 8, 2010 Page 8 of 14 CUP 10-3685: Conditional Use Permit (3980 WEDINGTON / PAWN SHOP, 400): Submitted by LISA RAHAT for property located at 3980 W. WEDINGTON DRIVE. The property is zoned C- 1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.8 acres. The request is for a pawn shop, Use Unit 16 in the C-1 Zoning District. Andrew Garner, Senior Planner, gave the staff report. Fred Rahat, applicant, discussed the intent and purpose for the pawn shop. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the item with the conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion to approve passed with a vote of 8-0-0 November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 8 of 14 Planning Commission November 8, 2010 Page 9 of 14 CUP 10-3687: Conditional Use Permit (636 FOSTER LANE, 513): Submitted by GLENN FOSTER for property located at 636 FOSTER LANE. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 1.31 acres. The request is to build a residential accessory structure before the primary residential dwelling is constructed. Dara Sanders, Current Planner, gave the staff report. Lynn Foster, property owner, explained the request. No public comment was presented. Motion: Commissioner Winston made a motion to approve the item with the conditions as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 9 of 14 Planning Commission November 8, 2010 Page 10 of 14 CUP 10-3688: Conditional Use Permit (2388 N COLLEGE / KUM & GO, 329): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at SE CORNER OF COLLEGE AVENUE & TOWNSHIP STREET. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.22 acres. The request is for additional parking than what is allowed by ordinance for this commercial use. Dara Sanders, Current Planner, gave the staff report. Dave Tipton, representative, described the conditional use and variance requests. No public comment was presented. Commissioner Winston expressed support for the request due to the proposed improvements to the property. Commissioner Lack also expressed support for the request. Commissioner Cabe discussed his review of the proposal at the Subdivision Committee and found that the variances are deserved and justified. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 10 of 14 Planning Commission November 8, 2010 Page 11 of 14 LSD 09-3495: Large Scale Development (2388 N COLLEGE / KUM & GO, 329): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at SE CORNER TOWNSHIP AND N. COLLEGE, 2396 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.22 acres. The request is for approval of a gasoline station and store with the associated infrastructure. Dara Sanders, Current Planner, gave the staff report. Dave Tipton, representative, described the conditional use and variance requests. No public comment was presented. Commissioner Winston expressed support for the request due to the proposed improvements to the property. Commissioner Lack also expressed support for the request. Commissioner Cabe discussed his review of the proposal at the Subdivision Committee and found that the variances are deserved and justified. Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 11 of 14 Planning Commission November 8, 2010 Page 12 of 14 CUP 10-3684: Conditional Use Permit (NW CORNER 45E & BOX / FIRESTONE, 372): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF MISSION BLVD., HWY 45E & BOX AVE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.20 acres. The request is to allow for a tire and auto repair store (Use Unit 17, Transportation Trade and Services.) Dara Sanders, Current Planner, gave the staff report. Kipp Hearne, representative, discussed the location, the zoning district requirements, and the proposed buffer and screening of the use from the residences to the north. No public comment was presented. Commission Kennedy expressed support for the development, finding that the proposal is appropriate for the location. Motion: Commissioner Winston made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 12 of 14 Planning Commission November 8, 2010 Page 13 of 14 RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Submitted by BLEW & ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE, and contains approximately 0.74 acre. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Dara Sanders, Current Planner, gave the staff report. Buckley Blew, representative, explained that the Nissan dealership to the west of the subject property intends to purchase the property for an expansion to the business. Ms. Bailey, owner of the Nissan dealership, explained the business and expansion needs. Donna Stewart, real estate agent, discussed possible restrictions on the property. Public Comment: John Darrens, neighbor, expressed opposition to the proposal and explained that the existing greenspace proposed to be rezoned has served as a buffer between the highway commercial uses to the west and the neighborhood to the east. No more public comment was presented. Commissioner Chesser supports business in Fayetteville but felt that the addition of a parking lot or C-2 closer to the neighborhood would change the neighborhood character, which outweighs expanding business opportunity. Commissioner Lack believed that the neighborhood encroached into the commercial area adjacent to College Avenue and finds that the current requirement for a visual screen in the Commercial Design Standards is sufficient. Commission Chesser and Kit Williams, City Attorney, discussed issues associated with a Bill of Assurance. Jeremy Pate, Development Services Director, explained that the previous item for a tire store discussed by the Planning Commission needed a buffer and compared the two uses. He explained staffs concern with future development of the property, as there is not a guaranty that the current location of the Nissan dealership permanent. Commissioner Chesser asked if staff might consider other zoning districts. Pate explained that staff had already suggested that the applicant request the Community Services zoning district. Commissioner Chesser stated that he can not support the request as proposed. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 13 of 14 Planning Commission November 8, 2010 Page 14 of 14 Commissioner Earnest shares staffs concern with C-2 but finds that a compromise is in order. Commissioner Cabe discussed that it could be appropriate for a commercial development to occur on the subject property but expressed hesitance to support C-2 because of the permitted uses included in the zoning district. Motion: Commissioner Chesser made a motion to table the item until the November 22, 2010 Planning Commission meeting. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 8:15 PM. November 22, 2010 Planning Commission PC Minutes 11/8/2011 Agenda Item 1 Page 14 of 14 ryetten e S THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of November 22, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: FROM: THRU: DATE: Fayetteville Planning Commission Dara Sanders, Current Planner Jeremy Pate, Development Services Director November 16, 2010 RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1. to rezone the subject property to C-2, Thoroughfare Commercial. BACKGROUND: Submitted by BLEW & The property is zoned 67 acres. The request is Planner: Dara Sanders November 11, 2010 Planning Commission Meeting: This request was heard at the November 11, 2010 Planning Commission meeting and was tabled to the November 22, 2010 meeting in order to allow the applicant additional time to meet with staff to discuss all available options and alternative nonresidential zoning districts that may be appropriate for the subject property.. Staff met with the applicant's representative and the owner of the Nissan dealership on Friday, November 12th. During this meeting the owner of the Nissan dealership discussed offering a bill of assurance that would limit the uses of the property to a car dealership and require screening and buffering along the east property line; however, staff expressed support for a lower -intensity zoning district, such as CS, Community Services, which is consistent with the City's planning principles and objectives and would allow for the expansion of the Nissan dealership by conditional use permit. The applicants have stated that they are not interested in an alternative zoning district at this time. The applicant has voluntarily submitted a Bill of Assurance that would limit the use of the subject property to an automobile dealership, require a structure of less than 20 feet in height, and require a buffer of five feet on both sides of the property line and a masonry wall no less than 6 feet in height. Property Description: The subject property is located at 101 East Alice Street in the northwest corner of the Maple Crest Subdivision. The overall property contains 1.67 acres and was developed in 1975 for a single-family residence. As indicated in Table 1, the site is adjacent to a car dealer to the west, a mixed commercial strip center, and a residence to the south. The legal description for the rezoning request contains the western 0.74 acre backyard of the subject property. History: In 2007, the Planning Commission denied the applicant's request to rezone the subject G: IETCIDevelopmenl Services Review120101Development Review 10-3578 RZN 1130 Garlandl03- Planning Commission106-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 1 of 20 property from RSF-4 to C-2 (RZN 07-2436) in order to allow for the expansion of the adjacent car dealership, finding that the request was not consistent with the City's land use planning objectives, principles, and policies to encourage compatible and livable neighborhoods and mixed-use development, as indicated in the Urban Center Area future land use designation, and finding that the request would introduce some potentially objectionable uses, nuisances, and heavy commercial traffic into the primarily single-family neighborhood to the east and south. The complete staff report is included in this packet. Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Commercial, office, and Masonic Lodge C-2, R -O, RSF-4 South Mixed Commercial, Single-family residential C-2, RSF-4 West Car Dealership C-2 East Single-family residential RSF-4 Proposal: Similar to the request in 2007, the applicant has submitted a new application to rezone a portion of the property to the east of the car dealership from RSF-4, Residential Single-family, 4 du/acre, to C-2, Thoroughfare Commercial, stating that the reason for the rezoning request is to make the property's zoning consistent with the zoning of the adjacent Nissan car dealership at the southeast corner of the College Avenue/Masonic Drive intersection. Public Comment: Staff has received public comment in opposition to the request by email and at the last Planning Commission meeting. An email has been included in this packet. Discussion: Staff finds that the extension of the C-2, zoning further east along Masonic Drive is not consistent with the Future Land Use designation of Urban Center Area. Other appropriate nonresidential zoning districts are currently available that are consistent with City Plan 2025 and would permit a range of residential and nonresidential uses, should the property redevelop in the future. The expansion of a parking lot for the Nissan dealership would be allowed by conditional use permit in the Community Services zoning district, allowing staff and the Planning commission to determine a proper screen and buffer to the residential property to the east. Additionally, staff does not find in favor of the associated Bill of Assurance to limit the use of the subject property to only a car dealership, finding that this restriction would prohibit the adaptive reuse or redevelopment of the subject property for a use or mixture of uses that that would be compatible with the adjacent residential neighborhood and consistent with the goals of City Plan 2025. Further, the restrictions included in the proposed Bill of Assurance do not exceed the minimum screening and landscaping requirements of the Unified Development Code. Chapter 166.14, Commercial Design and Development Standards, requires a view obscuring fence, berm, architectural treatment, or vegetation between nonresidential and residential uses, and Chapter 177.04, Site Development and Parking Lot Landscape Standards, requires only five feet of landscaped area between the property line and a parking lot. The offered buffer essentially is the minimum screen required by City codes. Staff finds that the minimum development requirements for a permitted use in the C-2 zoning district GAETCIDevelopment Services Review120101Developmeni Review110-3578 RZN 1130 Garland103- Planning Commission106-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 2 of 20 and the restrictions included in the Bill of Assurance are insufficient to protect the impacts of a high- intensity nonresidential use on the adjacent residential neighborhood and single-family dwelling. Staff has received noise complaints about the existing Nissan dealership from the adjacent neighborhood. While staff is supportive of the Nissan dealership remaining and even expanding in this location, further encroachment of a dealership and parking lot into the neighborhood warrants significant separation, buffering, and screening to reduce the additional visual, noise, odor, drainage, and lighting impacts on the existing residential neighborhood to the east of the subject property. It is staffs opinion that a conditional use permit process is the best vehicle to review this type of application. RECOMMENDATION: Staff recommends denial of RZN 10-3608 based on findings stated herein. PLANNING COMMISSION ACTION: Required YES Date: November 22,2010 0 Tabled 0 Forwarded ❑ Denied Motion: Second: CITY COUNCIL ACTION: Date: INFRASTRUCTURE: Streets: The site has access to Masonic Drive. Masonic Drive is an improved two-lane city street in this location. Street improvements will be evaluated with development submittal Water: Public water is not directly available to the property. Public water main improvements will need to be constructed to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is a 6" public main located along the south side of Masonic Drive. The existing sanitary sewer may need to be analyzed to ensure that it has adequate capacity to serve a future development on this lot. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100 -year floodplain. Police: The City Planning Division has not received comments from the Fayetteville Police G: IETCIDevelopmeni Services Review120101Development Review110-3578 RZN 1130 Garland103- Planning Commissionl06-14-101Commenls and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 3 of 20 Fire: Department. This development will be protected by Engine 4, located less than one mile from the property. The Fayetteville Fire Department does not anticipate an increase in service with this rezoning request. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as Urban Center Area, which encourages complete, compact and connected neighborhoods including building types that accommodate retail, offices, rowhouses and apartments. These areas contain taller buildings and have the most intense and dense development patterns within the City, as well as the greatest variety of buildings. These areas recognize conventional strip development, but encourage the redevelopment of these existing properties for more efficient use of the land. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: As stated in the findings for the previous application in 2007 to extend the C-2 zoning district to the subject property, staff finds that the request is nota:. consistent with Fayetteville's land use planning objectives, principals, policies,: and goals to protect adjoining properties from potential adverse impacts associated with a nonresidential use adjacent to residential areas, to plan for the long-term use of a property, to make appropriate infill and revitalization our highest priorities, to discouragesuburban sprawl, to make traditional town form the standard, and to encourage mixed-use development. Land use planning principles and policies should not only consider the way in which the property will develop in the near future but also the way in which the property and the entire area could redevelop in the long-term. The Future Land Use designation of the subject property, Urban Center Area, is intended to provide a mixture of uses that are compatible with adjacent properties and uses, to encourage future redevelopment for more efficient use of land, and to utilize principals of traditional neighborhood development. Staff finds that the C-2 zoning in this area is not consistent with the Future Land Use designation of Urban Center Area, as this district requires a 50 -foot front building setback off of all street frontages and requires development in a conventional suburban sprawling pattern, which is discouraged by City Plan 2025. Additionally, land use planning principles and policies should consider the way in which uses transition from higher -intensities to lower -intensities, as well as in form. Staff does not find that the applicant's proposal would permit the subject property to serve as a transition from the form required by the C-2 zoning G:IETCIDeve/opment Services Review120101Developmeni Review110-3578 RZN 1130 Garland103- Planning Commission106-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 4 of 20 district and the car dealership to the west and the single-family neighborhood to the east. Alternative zoning districts are available in Chapter 161, Zoning Regulations, of the Unified Development Code, and have been recommended to the applicant that would allow for an appropriate transition in both use and form and would permit the expansion of the Nissan dealership by Planning Commission approval of a conditional use permit, at which time screening and buffering may be examined closely in order to encourage a suitable transition in the near future. Staff also finds that the proposed Bill of Assurance is not consistent with the City's land use planning objectives, principles, and policies, as the proposed Bill of Assurance would limit the use of the subject property to an automobile dealership, require a structure of less than 20 feet in height, and require a buffer of five feet on both sides of the property line and a masonry wall no less than 6 feet in height. This restriction would prohibit the adaptive reuse or redevelopment of the subject property for more appropriate land uses, such as higher density residential, a professional office, or other lower -intensity nonresidential uses that would serve the needs of the extensive residential neighborhood to the east. 2. A determination of whether the proposed zoning is justified and/or needed at the time the: rezoning is proposed. Findings The applicant has stated that the rezoning request is necessary to "match" the existing zoning designation for the adjacent car dealership. Staff finds that the. rezoning request for C-2 is not justified or needed. As stated previously in this report, alternative zoning districts are available in Chapter 161, Zoning Regulations, of the Unified Development Code, that are consistent with City Plan 2025 and the Future Plan Use Plan and would allow for the expansion of the adjacent car dealership to the subject property. Additionally, staff does not find that geometric symmetry of the zoning map is an appropriate justification for approval of a request to further extend a zoning district. Staff does acknowledge that the western portion of the property included in this rezoning application may be justified for a more intense zoning as a transition between the C-2 to the west and the single-family neighborhood to the east. Staff finds that there are other appropriate nonresidential zoning districts are currently available in Unified Development Code Chapter 161, Zoning Regulations, that would permit a range of housing types and lower - intensity nonresidential uses by right and higher -intensity nonresidential uses, such as a car dealership, by conditional use. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. G::I ETCI Development Services Review120101Develapment Reviem110-3578 RZN 1130 Garlandl03- Planning Commissianl06-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 5 of 20 Finding: Access to the residential street, East Alice Street, is not proposed at this time. Masonic Drive is adjacent to the subject property and is designated as a Local Street in the Master Street Plan. Staff finds that this rezoning would increase the traffic on Masonic Drive. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning would not increase population density. Increased load on public services were taken into consideration and recommendations from the Engineering Department is included in this report. The proposed zoning change from RSF-4 to C-2 should have no major impact on public services due to the existing infrastructure. However, water, sewer, and the surrounding street system would likely need to be improved to support commercial development on this site. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; Finding: r - As discussed previously in Finding 2, staff finds that it would 'be practical to continue the single-family use of the subject property. Staff does acknowledge that the western portion of the property included in this rezoning application may be justified for a more intense zoning as a transition between the C-2 to the west and the single-family neighborhood to the east; however, the applicants have indicated that they are not interested in pursuing another zoning district at this time. b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Staff finds that there are not extenuating circumstances that justify the rezoning as it is proposed and recommends denial of the request. G:IETCIDevelopment Services Review120l01Development Revie wll0-3578 RZN 1130 Garbndl03- Planning Com mission106-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 6 of 20 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional uses. Unit2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. G: IETCIDevelopmeni Services Review120101Development Review110-35 78 RZN 1130 Gar/and103- Planning Commiss,onl06-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 7 of 20 Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. Hillside Overlay District Lot minimum width 60 ft. 70 ft. Hillside Overlay District Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. G: IETCIDevelopmeni Services Review120101Development Review110-35 78 RZN 1130 Gar/and103- Planning Commiss,onl06-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 7 of 20 (E) Setback requirements. Front Side Rear 15 ft. 5ft. 15 ft. (F) Building height regulations. Building Height Maximum 45 ft. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. 161.20 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. (B) Uses. 1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations & drive-in restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit36 Wireless communications facilities Unit 38 Mini -storage units Unit40 Sidewalk Cafes Unit42 Clean technologies G:IETCIDevelopment Services Review120101Development Reviewll 0-3578 RZN 1130 Garland103- Planning Comnession106-/4-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 8 of 20 (C) Density. None. (D) Bulk and area regulations. None. (E1 Setback requlations. Front 50 ft. Side None Side, when contiguous to a residential district 15 ft. Rear 20 ft. (F) Height regulations. In District C-2 any building which exceeds the height of 20 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 20 feet. No building shall exceed six stories or 75 feet in height. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. G:IETCIDevelopment Services Review120101Development Reviewll0-3578 RZN 1130 Garland\03- Planning Commission106-14-101Comments and Redlines November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 9 of 20 The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 Zoning Review To: Dara Sanders From: Captain Mark Stevens Date: November 18, 2010 Re: RZN 10-3608 This development will be protected by Engine 4 located at 3385 Plainview It is less than 1 mile from the station with an anticipated response time of 2-3 minutes to the beginning of the development. Since this is a request is to change the zoning from R-4 to C-2; we don't calculate a response impact for commercial zoning of this size. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. Mark Stevens Assistant Fire Marshal Fayetteville Fire Department Honor, Commitment, Courage; Our people make the difference! November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 10 of 20 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Richard P. & Vikki D. Parker, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to that of an automobile dealership. 2. Other restrictions including number and type of structures upon the property are limited to one structure which shall not exceed 20 feet in height. 3. Specific activities will not be allowed upon petitioner's property include; adult live entertainment club or bar, liquor store, race track, gasoline service station and drive-in restaurant, hotel, motel, and amusement facilities. 4. The petitioner shall dedicate a 10' wide landscape buffer being 5' on both sides of the eastern boundary of the subject property. The petitioner shall construct a 6' tall masonry wall along the eastern boundary of the subject property. November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 11 of 20 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, ef�a f Parries c VI kka4ign, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date c1360 2e vn Address Cslye �•a iili:e Alt 73-20/ STATE OF ARKANSAS COUNTY OF WASHINGTON VI k-lc.t 'h. Park., NOTARY OATH J' And now gn this the (r day of :�U/!u' /( , 240, appeared before me, R�YN P4 t m' !7'IKY , a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: NOT ' PUBLIC OFFICIAL SEAL KAREN McCOY NOTARY PUBLIC -ARKANSAS WASHINGTON COUNTY My COMM. EXPIRES 6I 01/ 2012 November 22, 2010 Planning Commission RZN 10-3608 Parker Agenda Item 2 Page 12 of 20