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Home My WebLink About2011-07-11 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting July 11, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on July 11, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the June 27, 2011 meeting. 2. ADM 11-3884: Administrative Item (Masonic Drive/Fayetteville Police Department, 213): Submitted by the FAYETTEVILLE POLICE DEPARTMENT for property located at 1106 MASONIC DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.13 acres. The request is to amend the conditions of approval for an existing 140 foot flag -pole cellular tower approved by CUP 09-3284. Planner: Jesse Fulcher 3. ADM 11-3873Administrative Item (UDC AMENDMENT CH. 167 TREE PRESERVATION AND PROTECTION): Submitted by GREG HOWE, URBAN FORESTER to amend Chapter 167, Tree Preservation and Protection with general updates, revisions and minimal new language. Urban Forester: Greg Howe New Business: 4. CUP 11-3868: Conditional Use Permit (255 E. SUNBRIDGE DR./BRUCE LEE MUSEUM, 290): Submitted by ENGINEERING DESIGN ASSOCIATES for property located at 255 EAST SUNBRIDGE DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE AND C- 2, THOROUGHFARE COMMERCIAL and contains approximately 3.38 acres. The request is for Use Unit 4, Cultural and Recreational Use, for a museum, in the R -O zoning, and for additional parking spaces above the maximum. Planner: Andrew Garner 5. ADM 11-3869: Administrative Item (255 E. SUNBRIDGE DR./BRUCE LEE MUSEUM, 290): Submitted by ENGINEERING DESIGN ASSOCIATES for property located at 255 EAST SUNBRIDGE DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.38 acres. The request is for a variance of UDC Section 166.08 (F) to permit access off of Sunbridge Drive, a Collector Street. Planner: Andrew Garner 6. CUP 11-3841: Conditional Use Permit (15 W. MOUNTAIN AVE. & 1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for properties located at 15 WEST MOUNTAIN AVENUE and 1 WEST CENTER STREET. The properties are zoned MSC, MAIN STREET CENTER and P-1, INSTITUTIONAL and are on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. Planner: Dara Sanders 7. CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acres. The request is for Use Unit 29 (Dance Hall). Planner: Dara Sanders 8. RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by H2 ENGINEERING, INC. for property located at 2012 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.97 acres. The request is to rezone 0.30 acres of the property to C-1, NEIGHBORHOOD COMMERCIAL. Planner: Jesse Fulcher 9. RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Planner: Andrew Garner 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 June 27, 2011 Page 1 of 7 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 27, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: June 13, 2011 Page 3 ADM 11-3872: Administrative Item (6855 WEDINGTON DRIVE, 434) Page 3 VAC 11-3861: Administrative Item (GARLAND TOWNHOMES, 405) Page 3 New Business: CUP 11-3858: Conditional Use Permit (339 495 WEST DICKSON, 484) Page 4 CUP 11-3859: Conditional Use Permit (YOUTH BRIDGE, 600) Page 5 RZN 11-3857: Rezone (SALE BARN, 562): Page 6 MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Tracy Hoskins Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders Chris Brown Approved Approved Forwarded Approved Approved Forwarded MEMBERS ABSENT Hugh Earnest July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 1 of 8 Planning Commission June 27, 2011 Page 2 of 7 CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioner Hoskins. July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 2 of 8 Planning Commission June 27, 2011 Page 3 of 7 Consent: Approval of the minutes from the June 13, 2011 meeting. ADM 11-3872: Administrative Item (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is a variance for an accessory dwelling unit to be on the same water line as the principal residence. VAC 11-3861: Vacation (1528 N. GARLAND/GARLAND TOWNHOMES, 405): Submitted by H2 ENGINEERING, INC. for located at 1528 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and contain approximately 0.73 acres. The request is to vacate a portion of two utility easements. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Commissioner Hoskins arrived after the consent agenda. July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 3 of 8 Planning Commission June 27, 2011 Page 4 of 7 New Business: CUP 11-3858: Conditional Use Permit (495 WEST DICKSON ST./KOSTER/MAY, 484): Submitted by ANAYANSI KOSTER and ELIJAH MAY for property located at 495 WEST DICKSON STREET, the public sidewalk on the north side of the Walton Arts Center. The property is zoned MSC, MAIN STREET CENTER. The request is for approval of a conditional use permit to allow a sidewalk vendor cart that is 40" wide when the maximum width is 36". Dara Sanders, Current Planner, gave the staff report. Elijah May, applicant, introduced himself and described his request. Commissioner Chesser asked staff about changing the size limitations of vendor carts. Andrew Garner, Senior Planner, stated that staff is researching this possibility and may propose a change. Motion: Commissioner Chesser made a motion to approve CUP 11-3858 as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 4 of 8 Planning Commission June 27, 2011 Page 5 of 7 CUP 11-3859: Conditional Use Permit (1932 GARLAND/YOUTH BRIDGE, 600): Submitted by YOUTH BRIDGE, INC. for property located at 1932 GARLAND AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS/ACRE and I-1, HEAVY COMMERCIAL/LIGHT INDUSTRISTRIAL and contains approximately 3.64 acres. The request is for a conditional use permit for Youth Bridge to operate a youth transitional living facility. Jesse Fulcher, Current Planner, presented the staff report and recommendation. Judy Spurlock, neighbor, asked if this was a rezoning request and what Youth Bridge would use the property for. Fulcher stated that the notice sent to adjoining property owners stated the zoning classification for the property and this request was for use of the existing building. Kathy Lott, Youth Bridge, stated that the facility will serve youth 18-23. They do a background check on each individual and do not accept anyone with a violent history. Motion: Commissioner Chesser made a motion to approve CUP 11-3859, as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 5 of 8 Planning Commission June 27, 2011 Page 6 of 7 RZN 11-3857: Rezone (510 WEST 11th ST./989 SOUTH SCHOOL AVE./SALE BARN, 562): Submitted by JUSTIN EICHMANN for property located at 510 WEST 11TH STREET and 989 SOUTH SCHOOL AVENUE (THE SALE BARN). The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE, I- 1, HEAVY COMMERICIAL/LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contains approximately 12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Dara Sanders, Current Planner, gave the staff report. Justin Eichman, representative, discussed the history of the project and the scope of the new application, which includes the potential to access South School. Public Comment: Kathy Kisida believes that the zoning change will drastically change the neighborhood and would prefer that the property be zoned to Neighborhood Conservation or Neighborhood Services. Aubrey Shepherd discussed the creeks and wetlands near the subject property. He believes that the Sale Barn is compatible and thinks the neighborhood is beautiful. Leonard Schult hopes for a future connection onto South School. Ron Butler asked if the City knows what will be built on the property. Commissioner Cabe explained that the Planning Commission was just reviewing land use and zoning at this time. Commissioner Chesser discussed with staff the density that would be permitted on the property and the drainage requirements for the property. Commissioner Cabe asked staff to describe the Neighborhood Conservation and Neighborhood Services zoning districts that were mentioned during the public comment. Sanders described each district and explained that staff and the City have been asked by the applicant to consider the CS district on the property, for which staff recommends approval. Commissioner Hoskins and Chris Brown, City Engineer, discussed drainage requirements in the City. Commissioner Winston described his past concerns with traffic and finds that the district is more compatible than the current zoning district. Kit Williams, City Attorney, discussed that the CS zoning district is more intense than the underlying DG and RMF -24 zoning districts. Commissioner Winston stated that he was under the impression that the DG district was more intense. Commissioners Chesser and Hoskins discussed with staff the development review, variance, and appeal process for the CS district. Commissioner Chesser finds that CS is appropriate and made a motion to forward the request to the City July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 6 of 8 Planning Commission June 27, 2011 Page 7 of 7 Council, which was seconded by Commissioner Honchell. Commissioner Winston thought that the request was less intense and didn't compare the uses in the zoning districts and explained that he was not comfortable with voting "yes" at this time. Commissioner Cabe stated his support for the rezoning, finding that the request is a better fit than the existing zoning for the neighborhood. Commissioner Honchell appreciates the property owner's patience with the process and agrees with staff that the proposal is consistent with the City's policies and appropriate in this neighborhood. Commissioner Cook agrees with Commissioner Cabe and expressed support for the request. Motion: Commissioner Chesser made a motion to forward RZN 11-3857 with a recommendation for approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Winston voting `No'). There being no further business, the meeting was adjourned at 6:43 PM. July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 7 of 8 July 11, 2011 Planning Commission PC Minutes 06-27-11 Agenda Item 1 Page 8 of 8 'Faye..e..vlle THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 7, 2011 PC Meeting of July 11, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3884: Administrative Item (Masonic Drive/Fayetteville Police Department, 213): Submitted by the FAYETTEVILLE POLICE DEPARTMENT for property located at 1106 MASONIC DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.13 acres. The request is to amend the conditions of approval for an existing 140 foot flag -pole cellular tower approved by CUP 09-3284. Planner: Jesse Fulcher BACKGROUND Property Description and Background: The subject property is located east of College Avenue, between Millsap Road and Masonic Drive, at the end of Hemlock Avenue. The Planning Commission approved a conditional use permit in 2009 for the construction of a 140 -foot tall flagpole style cell tower and equipment shelters on an approximately 5,600 sq. ft. property adjacent to the Masonic Lodge Building. This project has been constructed and is currently in operation. The City of Fayetteville Police Department is implementing a radio system upgrade to address coverage gaps and provide an increased coverage area. This project includes an expansion, upgrade, installation and implementation of a three site ASTRO 25 LE Simulcast radio system (see simulcast diagram attached). Simulcast uses multiple transmitters on the same frequencies in separate locations to transmit the same signal which is desirable where mountains and buildings cause problems. The City's original 800 MHz Radio System was purchased in 1985. That system was upgraded in 2000. The purpose of this project is to: - Improve radio system performance - Improve the City's ability to respond to day-to-day and emergency situations - Better protect the lives & property of the citizens of Fayetteville by expanding coverage to new development serviced by the city and improving existing coverage - Improve and reduce City employee safety risks G: IETCIDevelopment Services Review120111Development Review111-3884 ADM Masonic Tower Modification -Fayetteville PD -Planning Commissionl7-11-111Comments and Redlines July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 1 of 14 New antennas and associated equipment at the Dinsmore Trail and Mt. Sequoyah sites were reviewed by staff and approved administratively as co -location permits. However, the new antenna and dish proposed for the Fulbright site can't be approved by staff, because they would violate the conditional use permit. The conditional use permit restricted the tower height to 140 feet and required that antenna be located inside of the fiberglass flagpole. The upgraded communication system requires an approximately 3' diameter microwave dish, which is too large to be mounted internal to the tower. In addition, a new omni antenna needs to be mounted to the top of the tower, which would extend the tower height above 140 feet. Proposal: The Fayetteville Police Department requests that the Planning Commission amend the conditions of approval for Conditional Use Permit 09-3284 Smith Two-Way/Masonic Drive, to allow for the installation of one 3' diameter dish on the exterior of the tower, and one omni antenna on top of the tower (see tower elevation attached). Recommendation: Staff recommends approval of ADM 11-3884 with the following conditions: 1. This approval shall only include the addition of the 3' diameter dish and omni antenna. 2. The tower shall be no taller than 150' (including all antennas, arrays, or other appurtenances). 3. The microwave dish and omni antenna shall be the same color as the existing flagpole tower. 4. All other conditions of approval shall remain in force. Planning Commission Action: O Forwarded O Denied O Tabled Motion: Second: Vote: Meeting Date: July 11, 2011 G:IETCIDevelopment Services Review1201 !Development Development Review111-3884 ADM Masonic Tower Modification-Fayette'.lePD-Planning Commission 17-11-11I Comments and Redlines July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 2 of 14 ra'etevIle THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-A West Rock Street Fayetteville, AR 72701 P (479)587.3555 F (479)587-3522 ARKANSAS www.accessfayetteville.org TO: Matthew Cabe, Chair !yp(�Rihl //UCS .Yt�r eik THRU: Chief Greg Tabor, Chief of Police AAA FROM: Kathleen Stocker, Dispatch Managers DATE: June 17, 2011 SUBJECT: Microwave antenna for Fulbright Tower Site As part of its radio system upgrade, the City of Fayetteville has chosen to implement a Project -25 three -site simulcast system. Simulcast systems employ multiple radio sites that transmit or receive in unison in order to provide an increased coverage area. Because the sites work together to create a single system, they must be connected by a highly reliable network. The City chose to construct a licensed microwave system that provides a dedicated point-to-point connection between each site in the system. Therefore, each site must be equipped with microwave antennas that are mounted on the radio tower in order to receive and transmit data to the other sites. The Fulbright site utilizes a unique tower design that allows antennas to be mounted inside of a fiberglass shroud, which creates the appearance of a solid "flagpole." However, this design was created for small antennas that are used by cellular phone service providers and it was not intended to contain larger antennas such as those used by microwave systems. The microwave antenna to be installed at Fulbright is approximately three feet in diameter and therefore must be mounted to the exterior of the tower structure. The antenna will be mounted at 97 feet above ground level, which is the minimum height required for overcoming nearby trees and other terrain. The Township water tank and the tower site located in Johnson were considered as possible sites during the project design. The Fulbright site provided the best coverage for the area. The Fulbright site is an important part of the radio project for public safety reasons. Public Safety and city personnel in the Fayetteville area routinely experience difficulty communicating with each other due to poor radio coverage. This site also adds another link in our communications network. This project also involves us connecting to the Arkansas Wireless Information Network which is a shared -use communication' system designed to improve the protection of the public by enhancing and augmenting public safety agencies response to emergency situations. As illustrated in recent disasters experience statewide ensuring communications is the key to helping communities in their time of need. Telecommunications Device for the Deaf TDD (479)521-1316 113 West Mountain - Fayetteville, AR 72701 July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 3 of 14 L03 Springdale (AWIN) Fulbright Mt. Sequoyah Fayettpaitle PD Dispatch Figure 12 - Microwave Network Topology July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 4 of 14 gal ckV ayGO D- • • 0 it 11 ami �• ago. 5o t si A . l et • �^^'' tat , Pa o Ct N• V] l, f rt et n 0 cr CD eh� er a` ® - Cr Pb) r"' Cl) • fi rD -• CD n e e c •CD l -ti ci' p1• 1- fy Al nit )-1.!Q+ pa 0 ehet Zs cn et0 aQ et rta rip July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 5 of 14 -1 OI1VA313 N3 NOLLVA313 ,b6 m 0 O Page 6 of 14 rly A m z SET ISSUED FOR DATE REVIEW 05/04/11 CONSIRUCTON 05/10/11 REVISIONS 00.1 OAIE 10EB5O01100 ® MOTOROLA SOLUTIONS a b C f6� is n c 3 Mason {0''STA' 4p AN AS EGISTERED I r PROFESSIONAL A ENGINEER t ,to ♦ ,ti a 4.1 `v No.11696 F.o� m ==-.;;.,jIll FULBRIG 11, 2011 anning Comrr ADM 11-3884 FPd Page 6 of 14 lb 140' AGL EXISTING TOP OF CYLINDER PROPOSED SINCLAIR 432D—F60F-14006—PIP DUAL—FEED OMNI ANTENNA MOUNT HEIGHT 0 140' EXISTING 3' MOUNT PIPE EXISTING 40'x28" STEALTH CYLINDER EXISTING EXIT PORT PROPOSED 2'-6" ANDREW VHLP2.5-10W-6GR MICROWAVE 015H RAO CENTER ® 94' TOWER ELEVATION N.T.S. MOUNT EXISTING UNIVERSAL RING MOU ANDREW PART NO. MC—RM103C ly 11,2011 lanning Commission DM 11-3884 FPD Masonic Drive Page 7 of 14 VHLP3-11W Installed at: t< Fu"ib%ight (CL) 97 feet Springdale (CL) 181 1.0 m 1 3 ft ValuLine® High Performance Low Profile Antenna, single -polarized, 10.125-11.700 GHz, PDR100, white antenna, polymer white radome without flash, standard pack—one-piece reflector VHLP2-11W- Installed at: Dinsmore Trail (CL) 60 feet Mount Sequoyah (CL) 105 feet 0.6 m 1 2 ft ValuLine® High Performance Low Profile Antenna, single -polarized, 10.125-11.700 GHz, PDR100, white antenna, polymer white radome without flash, standard pack—one-piece reflector July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 8 of 14 A e teville ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 20, 2009 Fay- eville, AR 72701 Telephone: (479)575-8267 (SMITH 2 -WAY/ 106 MASONIC DRIVE, 213): Submitted by MIKE SMITH / DAVE REYNOLDS for property located at 1106 MASONIC DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.96 acres. The request is for a 140' flag -pole cellular tower on the subject property. Planner: Jesse Fulcher Background: The subject property is located east of College Avenue, between Millsap Road and Masonic Drive, at the end of Hemlock Avenue, and is currently developed with the Washington Masonic Building. Proposal: The applicant is proposing to erect a 140 -foot tall flagpole tower with an area at the base for equipment shelters and wireless equipment. The lease site area is approximately 5,621 sq. ft. and is currently proposed for use by A & T . Following ordinance requirements, notification was provided to all property owners within a 500 foot radius of the center of the proposed tower. The type and height of the proposed tower is in accordance with Chapter 163.14(B) (1 & 2). The tower is not located within 140 feet of a residential structure. The applicant provided all documentation required by Chapter 163.14 to process a conditional use request. The applicants have stated in their application that AT&T is suffering a substantial level of dropped calls and network busy signals causing an unacceptable service condition in the area of N. College Avenue and Fulbright Expressway. There is also a small coverage deficiency not being covered by the existing towers in the area. The solution to this situation is to reduce the geographic area that each of the existing towers cover from 2 miles to 1.25 miles. This adjustment will solve the capacity issue of the existing towers, but will consequently increase the gap in coverage, which must be covered by a new tower. The applicants have stated in their application that there are no existing towers or structures of sufficient height within one mile of the site to allow for co -location by the applicant. Existing towers located outside of the one mile radius are all currently utilized by AT&T. A review of the RF coverage maps provided reveals the coverage and capacity problems that AT&T is experiencing. The lack of existing cell towers in the vicinity required the applicants to look at erecting a new tower. K:IReports120091PC Reports113-May 261CUP 09-3284 (Masonic Tower_Smith 2-way).doc July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 9 of 14 Surrounding Land Use: Direction Land Use Zoning North Christian Life Cathedral R -O South Single-family Residential RSF-4 East Single-family Residential RSF-4 West Vacant/Commercial RSF-4 and R -O Public Comment: Staff has not received any public comment. RECOMMENDATION: Staff recommends approval of the requested conditional use application for a 140' flagpole cell tower based on the required findings included with this request, subject to the following conditions: 1. Planning Commission determination of stealth technology: Staff recommends in favor of the applicants proposal to utilize a white flagpole with internal antenna. Pursuant to Chapter 164.13(B)(4), new towers are to be camouftagea to the greatest extent possible when co -location is not feasible. A flagpole design is in keeping with this ordinance requirement, and prior construction of this type of tower has proven to be effective in reducing visual clutter (see supplementary comparison photos). At least two additional cellular carriers shall be provided space on the flagpole tower. The applicant has stated in the application that AT&T will require the top two spaces in the tower, leaving space at 110' and 120' for future carriers. 2. The applicant shall submit a copy of the proposed cellular tower to the Fayetteville Municipal Airport (Drake Field) administration for review and approval with Fayetteville Airport Zoning law. Written verification from airport administration is required prior to issuance of a building permit. Should the proposal not comply with the Airport Zoning, the Conditional Use Permit shall be null and void. 3. The applicant shall coordinate the location of the tower facility with the Urban Forester prior to building permit approval and prior to any land disturbance. The tower and associated equipment shall be located within the general area as shown on the attached site plans, which indicates that two trees will be removed. Construction of the tower shall comply with Chapter 167, Tree Preservation and Protection. The site shall be reviewed after construction to determine if additional landscaping/screening is necessary on the north and west sides of the compound to fulfill the requirements of Chapter 163.14. Should additional screening be required, it shall be installed prior to installation of any antenna for individual cellular service providers. A continuous planting of shrubs and trees shall be planted on the south and east sides of the compound. 5. Some method of irrigation shall be required in landscaped areas. An automated irrigation system is encouraged to ensure adequate moisture to plant material. In landscaped areas without an automated irrigation system the installation of hose bibs (water spigots), installed one for every 100 foot radius, will be required. K:IReports120091PC Reports113-May 26ICUP 09-3284 (Masonic Tower_Smith 2-way).doc July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 10 of 14 6. The applicant shall comply with all applicable federal regulations. 7. The compound and associated landscaping shall be located such that the future extension of Hemlock Ave. is not impeded. 8. Equipment used in conjunction with the tower shall not generate noise which can be heard beyond the site per Chapter 163.14 (A)(1). 9. Lighting on the tower shall only be installed if mandated by the FAA. Security lighting or motion -activated lighting may be used around the base of the tower provided that that the lighting is compliant with Chapter 176 Outdoor Lighting of the Unified Development Code. No lighting shall be installed at a height greater than 6' above surrounding grade. 10. The tower shall be no taller than 140' (including all antennas, arrays, or other appurtenances). 11. The utility equipment at the base of the tower shall be surrounded by an 8' tall wooden security fence. 12. Any connection to existing utilities to provide power to this site shall be located underground. If additional electric lines are required to be extended to provide service to this development, they shall be extended and shall be placed underground at the cost of the applicant. 13. The minimum distance from the base of the tower to any residential dwelling unit shall be the tower height or Tequired setback, whichever is greater, unless all persons owning said residence or the land on which said residences are located consent in writing to the construction of the tower, pursuant to UDC Section 163.14(B)(3). 14. Only warning, site identification and FCC signs shall be permitted as provided by Chapter 163.14 (A)(3) and in no case shall any sign exceed 4 square feet. Signs shall be limited to the fence structure. 15. Co -location shall be permitted on the subject tower by multiple carriers in compliance with Chapter 163.14 (C). 16. When technology becomes available and economically viable to allow the height of cell tower to be reduced by 50 percent or more or to allow the site to be eliminated altogether, such facilities shall be upgraded or eliminated within 24 months of a request by the City. 17. At such time that the licensed carrier(s) abandons or discontinues operation of a wireless facility, the carrier(s) shall physically remove the wireless facility and all associated equipment within 90 days from the date of abandonment or discontinuation, pursuant to Chapter 163.13(G). 18. Upon assignment or transfer of a conditional use permit, or any of the rights thereunder to a new wireless telecommunications operator, the owner or operator shall provide written notice within 30 days to the Planning Department, pursuant to Chapter 163.13(H). K:IReports120091PC Reports113-May 261CUP 09-3184 (Masonic Tower Smith 2-way).doc July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 11 of 14 19. The tower and supporting equipment shelter shall be located outside of the required building setbacks for the RSF-4 zoning district: 25' front, 8' side, 20' rear. PLANNING COMMISSION ACTION: Required YES Approved O Tabled O Denied Motion: Second: Vote: Meeting Date: May 26, 2009 Comments: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless 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 a Wireless Communications Facility on property zoned RSF-4, Residential Single-family — 4 Units per Acre. 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 § 163.14 (see attached) to grant the K:IReports120091PC Reports113-May 261CUP 09-3289 (Masonic Tower_Smi[h 2-way).doc July 11, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 12 of 14 ADM 11-3884 Close Up View FAYETTEVILLE POLICE O r C-2 Legend Multi -Use Trail (Existing) • Future Trails ADM11-3884 MILLSAP RO R -O RSF-4 MASONIC IDR ,,_ _, 14 footprints 2010 Hillside -Hilltop Overlay District Design Overlay District Design Overlay DEstrict Planning Area 0 Fayetteville 0 37.5 75 150 225 300 Feed my 11 2011 nla�y IL/II ADM 1 -3884 FPD_Masonic Drive Agenda Item 2 Page 13 of 14 ADM11-3884 One Mile View FAYETTEVILLE POLICE I R.0 ANE CIRCLE 0 TIONNE DR MARY DR til 1440ior rpm fh i SHEPHEWO I. O zo 41,41k ai+i,AttY439/g 'ALLEY 4360 RBi4 RBF4 RIF4 k0 IGI 9 • ST RIF -4 ICK aP RSF4 t8F4 RSP 1 SF -t4 F4 $Q PV F4' ARWICK DR RSF4 RBF4 F iY pR �4y i 0t Existin(J`A" Ref -4 °sat' 4 . o>it=sr • wFa+ Vil-V LASSO Ram MADRID sr Overview ' F I jwru > 1 1 .! Z• r� s SZ. i' F' I F ;Us9 ting0 - ti RBFI PNWYK DR RSF-4 R9F4R�4 ., utuj' TralIs igk�,o\r°¢, RII R5F"1 • �`� �IHillside-Hifitn veff€tVis.," Legend Subject Property ® ADM11-3884 Boundary 0 0.25 0.5 ii ADIv ! Desi - - _; Plan Faye 1 •M 11-3884 3n Overlay District ling Area tteville iles July 1, 2011 Planning Commission ADM 11-3884 FPD_Masonic Drive Agenda Item 2 Page 14 of 14 Treteville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayettevL1e.org PLANNING COMMISSION To: Fayetteville Planning Commission Thru: Alison Jumper, Park Planning Superintendent CC: Jeremy Pate, Development Services Director From: Greg Howe, Urban Forester Date: June 27, 2011 Subject: Revisions to Chapter 167: Tree Preservation and Protection Ordinance PROPOSAL: Prior to the hiring of the first Urban Forester in 2004 Chapter 167: Tree Preservation and Protection was interpreted by the Landscape Administrator position. The term Landscape Administrator is referred to through out Chapter 167 and other Chapters of the Unified Development Code, In order to bring the City's ordinances in line with current responsibilities, the Parks and Recreation Department is requesting the replacement of "Landscape Administrator" with "Urban Forester" in the Unified Development Code were the context is clearly referring to the urban forest, tree preservation, tree protection and/or in reference to Chapter 167. This change in terms is incorporated within the proposed Chapter 167 revisions presented with this request. Additional proposed revisions include removing the requirement to conduct a tree inventory every 7- 10 years [167.04(J)(4)(d)] and adds language in section 167.03 to conduct an Urban Forest Analysis with an Urban Forestry Effects Model Study every 10 years beginning December 2012. Data collected by the analysis may include but not be limited to assessing the City's amount of tree canopy cover, tree species distribution, tree age distribution, percentage of impervious surface, monetary value of the urban forest and to determine tree canopy areas with absent, low, medium or high canopy concentrations. RECOMMENDATION: Staff recommends approving the proposed ordinance revisions to Chapter 167: Tree Preservation and Protection. BUDGET IMPACT: Funding for a Tree Inventory or an Urban Forest Analysis will require City Council to approve Capital Improvement Project funding. The total estimated cost for the study is $80,000 (the estimated cost of the canopy study is approximately $50,000,the estimated cost of the Urban Forestry Effect Model Study is $30,000). If the changes are approved the project will be included in the Capital Improvement Plan for 2012 funded from Sales Tax dollars. Attachments: Proposed Chapter 167 Revisions lido 11 7011 Telecommunications Device f011110 Deal 700 (479) 521-1316 Planni JAPAIN18 in -Fa etteville. Aft 72701 ADM 11-3873 UDC Amend yCh 167 Agenda Item 3 Page 1 of 16 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 167: TREE PRESERVATION AND PROTECTION 167.01 PURPOSE 3 167.02 CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION, AND LANDSCAPE MANUAL 3 167.03 TREE REGISTRY AND URBAN FOREST ANALYSIS 3 1 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT 4 167.05 TREE PROTECTION MEASURES AND CONSTRUCTION 1342 1 167.06 TREE PLANTING, MAINTENANCE AND REMOVAL ON STREET RIGHTS-OF-WAY AND OTHER PUBLIC GROUNDS 13 167.07 COMMERCIAL TREE PRUNER/SERVICE; CERTIFICATE AND INSURANCE REQUIRED 1443 167.08 HAZARDOUS TREES 14 167.09 LOCAL DISASTER EMERGENCY 1514 167.10-167.99 RESERVED 1514 1 CD167:1 July 11, 2011 Planning Commission ADM 11-3873 UDC Amend Ch 167 Agenda Item 3 Page 2 of 16 Fayetteville Code of Ordinances CD167:2 July 11, 2011 Planning Commission ADM 11-3873 UDC Amend Ch 167 Agenda Item 3 Page 3 of 16 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 167: TREE PRESERVATION AND PROTECTION 167.01 Purpose ft is the purpose of this chapter to preserve and protect the health, safety, and general welfare, and preserve and enhance the natural beauty of Fayetteville by providing for regulations of the preservation, planting, maintenance, and removal of trees within the city, In order to accomplish the following objectives: (A) Objectives. (1) To preserve (2) To create Fayetteville Industries; existing tree canopy; a healthful environment For residents, businesses, and (3) To moderate the harmful effects of sun, wind, and temperature changes; (4) To buffer noise, air and visual pollution; (5) To fitter pollutants from the air that assist in the generation of oxygen; (6) To reduce storm water runoff and the potential damage it may create; (7) To stabilize soil and prevent erasion, with an emphasis on maintaining tree canopy on hillsides defined as canopied slopes in Chapter 151; (8) To provide habitat for birds and other wildlife; (9) To preserve riparian banks and beds, and prevent sedimentation; Oft) To screen incompatible land: (11)To promote energy conservation; and (12)To protect and enhance property values. (8) Principles. This chapter shall be enforced according to the following principles: (1) Preservation shall he the first, best, and standard approach. (2) If preservation cannot be achieved, on-site mitigation shall next be pursued. (3) If on-site mitigation cannot be achieved, off- site preservation shall be pursued. (4) If off-site preservation cannot be achieved, off-site forestation shall be pursued. C0167:3 (5) If none of the above approaches can be achieved, payment shall he made to the tree escrow account. (Code 1991. §162.01; Ord. No. 3699, §1 4-20-93; Ord. No. 4100. §2 (Ex. A), 6-16-9% Ord. No. 4340. 10-2-01) 167.02 City Of Fayetteville Tree Preservation, Protection, And Landscape Manual The landscape--administraterutban forester in cooperation with other members of city staff, shall promulgate and periodically revise forms, procedures and regulations to implement this chapter and publish this information in the City of Fayetteville, Tree Preservation, Protection, and Landscape Manual. (A) Copies of the Tree Presentation, Protection, and Landscape Manual are to be made readily available to the public and shall include, but need not be limited to: (8) (1) Specific criteria for gaining city approval of tree preservation plans; (2) The format and content of reports and plans the applicant must submit to the city pursuant to this chapter; (3) Tree protection during construction; (4) A glossary of important terms used in this chapter; (5) Size and species requirements for trees planted for on-site mitigation or off-site forestation; (6) Maintenance of trees (including but not limited to pruning, irrigation, and protection from disease). The Tree and Landscape Advisory Committee shall review and may recommend revisions to the Tree Preservation, Protection, and Landscape Manual at least every three years to reflect changes in arboricultural and horticultural practices, lists of preferred tree species, city policies, or the content of this chapter) (Ord. No. 4340, 10-2-01) 167.03 Tree Registry and Urban Forest Analysis (A) Descripf+omTree Registry Trees and groups of trees which are documented to be of historic merit, of an uncommon or endangered species, or are of extraordinary value due to their age, July 11, 2011 Planning Commission ADM 11-3873 UDC Amend Ch 167 Agenda Item 3 Page 4 of 16 Fayetteville Code of Ordinances size, or type, may be registered in the City of Fayetteville's tree registry, It shall be the duty of the leadseape—admieistraterurban forester to maintain and keep this registry on file in the adroieistraters urban forester's office. (1) Voluntary registration. Registration of trees shall be voluntary and may be done by the owner(s) of the property on which the tree is located. Registration shall not run with the land unless the property owner wishes to use an express trust to transfer a benefit in the tree or groups of trees to the city. Registered tree owners are entitled to consultation with the Tree and Landscape Advisory Committee and/or the lancdseapo administraterurban forester concerning proper care and protection of the tree, as well as an evaluation of the tree's condition. (I) (B) Urban Forest Analysts. The city shall initiate a tree canopy analysis and an Urban Forestry Effects Model study or their current equivalent studies within the current geographical boundaries of the City by December 31. 2012. Thereafter. the city should conduct these studies every ten(10)years (Ord. No. 4340, 10-02-01) 169.04 Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed subdivisions, and large scale developments required by other chapters of the Unified Development Code to go through the city's permitting process. Persons seeking to build one single-family dwelling unit, or duplex, are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. Planned Zoning Districts should meet the percent minimum tree canopy based upon their primary use, but may be allowed a lesser tree canopy requirement as part of the overall Master Plan approved by the City Council. (1) Subdivisions and Targe scale developments. Applicants seeking approval of proposed subdivisions and large scale developments shall submit a site analysis plan, analysis report, and tree preservation plan with the preliminary plat or site plan. There shall be no land disturbance, grading, or tree removal until a tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. CD167:4 (2) Grading permit An abbreviated tree preservation plan, as set forth In §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through subdivision or large scale development process. There shall be no land disturbance, grading, or b-ee removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (3) Building permits. Tree preservation require- ments apply to all permit applications for nonresidential construction, and the construction of mufti -family residential buildings composed of three or more dwelling units. An abbreviated tree preservation plan, as set forth in § 167.04 (H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (4) Parking lots. Tree preservation require- ments apply to all permit applications for the construction of parking lots with five or more spaces. An abbreviated tree preservation plan, as set forth in §167.04 (H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (5) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a site analysis plan, analysis report, and tree preservation plan with the preliminary plat or site plan. Single and two family residential development shalt submit an abbreviated tree preservation and site plan at the time of obtaining a building permit. Structural changes to buildings located In the Hillside/Hilltop Overlay District that do not result In an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan, There shall be no land disturbance, grading, or tree removal until a tree preservation plan has July 11, 2011 Planning Commission ADM 11-3873 UDC Amend Ch 167 Agenda Item 3 Page 5 of 16 TITLE XV UNIFIED DEVELOPMENT CODE been submitted and approved, and the tree protection measures at the site inspected and approved. (B) Tree preservation criteria. The landscape administrator -urban forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees_ (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the Flexibility of the design. (7) (8) (9) The general health and condition of the tree or group of trees, or the presence of any disease, Injury, or hazard. The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. The need to remove the tree or group of trees for the purpose of Installing, repairing, replacing, or maintaining essential public utilities. (10) Whether roads and utilities are designed In relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11)Construction requirements of on-site and off- site drainage. (12)The effects of proposed on-site mitigation or off-site alternatives. (13)The effect other chapters of the UDC, or city policies have on the development design, (14)The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15)The impact a substantial modification or rejection of the application would have on the applicant. "Note --The above items are hot presented in any particular order of importance. The weight each Is given wilt depend In large part on the individual characteristics of each project. (C) Canopy area. In all new Subdivisions, Large Scale Developments, Industrial and Commercial Developments, and all other improvements listed above, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the Applicant has been approved for On -Site Mitigation or Off -Site Alternatives as set forth in subsections I. & J. below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the Applicant is seeking approval, less the right-of-way and park land dedications. An Applicant shall not be required to plant trees in order to reach the Percent Minimum Canopy requirement on land where less than the minimum exists prior to development, unless trees have been removed. Table 1 Minimum Canopy Requirements ZONING DESIGNATIONS PERCENT MINIMUM CANOPY R -A, Residential - Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential— One Half Unit per Acre 25% RSF-1, Single-family Residential —One Unit per Acre 25% RSF-2, Single-family Residential—Two Units per Acre 20% RSF-4, Single-family Residential — Four Units per Acre 25% RSF-7, Single-family Residential.— Seven Units per Acre 20% RSF-8, Single-family Residential — Eight Units per Acre 20% R -O, Residential—Office 20% RT -12, Two and Three-family Residential 20% RMF -6, Multi -family Residential —Six Units per Acre 20% RMF -12, Multi -family Residential — Twelve Units per Acre 20% RMF -1 B, Multi -family Residential — Eighteen Units per Acre 20% RMF -24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40,Multi-family Residential — Forty Units per Acre 20% NS, Neighborhood Services 20% C-1, Neighborhood Commercial 20% C0167.5 July 11, 2011 Planning Commission ADM 11-3873 UDC Amend Ch 167 Agenda Item 3 Page 6 of 16