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2012-09-24 - Agendas - Final
Planning Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting September 24, 2012 A meeting of the Fayetteville Planning Commission will be held on September 24, 2012 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 Consent. 1. Approval of the minutes from the September 10, 2012 meeting. 2. VAC 12-4221: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.04 acres. The request is to vacate a portion of a water and sewer easement on the subject property. Planner: Jesse Fulcher New Business: 3. LSD 12-4215: Large Scale Development (585 WILLOUGHBY/THE CULLS H, 361): Submitted by CLAY GROTE for property located at 585 WILLOUGHBY RD. The property is zoned I-1, Heavy Commercial and Light Industrial and contains a total of 2.33 acres. The request is for a 24,250 square foot office and warehouse building. Planner: Quin Thompson 4. CUP 12-4218: Conditional Use Permit (191 E. SUNBRIDGE/THE NEW SCHOOL, 290): Submitted by JORGENSEN AND ASSOCIATES for property located at 191 E. SUNBRIDGE. The property is zoned R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 19.23 acres. The request is for an expansion to the existing school(Use Unit 4) in the R-O zoning district. Planner: Andrew Garner 5. LSD 12-4217: Large Scale Development (191 E. SUNBRIDGE/THE NEW SCHOOL, 290): Submitted by JORGENSEN AND ASSOCIATES for property located at 191 E. SUNBRIDGE. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains a total of 19.23 acres. The request is for a 46,905 square foot preschool/auditorium addition. Planner: Andrew Garner 6. LSD 12-4190: Large Scale Development (1325 JOYCE BLVD/LEGACY BANK, 175): Submitted by USI CONSULTING ENGINEERS, INC. for property located at 1325 JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 1.53 acres. The request is for a bank of 4,850 square feet with associated drive-thru facility and parking. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED UNTIL OCTOBER 8, 2012. 7. PPL 12-4216: Preliminary Plat (NORTHWEST OF MISSION AND SHELTON/CHAPEL VIEW, 259): Submitted by BATES AND ASSOCIATES for property located NORTHWEST OF MISSION AND SHELTON. The property is in the Planning Area and contains approximately 22.88 acres. The request is for a residential subdivision with nineteen single family lots. Planner: Quin Thompson 8. CUP 12-4214: Conditional Use Permit(1417 MARTIN LUTHER KING BLVD./EZ MART, 521): Submitted by EB LANDWORKS for property located at 1417 MARTIN LUTHER KING BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.96 acres. The request is for more parking spaces than allowed by ordinance. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED INDEFINITELY. 9. CUP 12-4223: Conditional Use Permit (793 E. LIGHTON/THOMPSON, 525): Submitted by COMMUNITY BY DESIGN for property located at 793 E. LIGHTON. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.45 acres. The request is for an accessory structure on a lot without a principal structure. Planner: Andrew Garner The following item has been approved administratively by City staff.- ESP 12-4172: Lot Split (793 E. LIGHTON TRAIL/THOMPSON, 525): Submitted by COMMUNITY BY DESIGN for property located at 793 EAST LIGHTON TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.26 acres. The request is to divide the subject property into two tracts of approximately 1.13 and 0.13 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 September 10, 2012 Page I of 6 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 10,2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: August 27,2012 Approved Page 3 VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN,219): Approved Page 3 VAC 12-4199: Vacation (2864 PRINCE WILLIAM/COOPER, 250): Approved Page 3 VAC 12-4205: Vacation (21sT AMENDMENT/DICKSON STREET,484): Approved Page 3 ADM 12-4222: Administrative Item(2233 W. STONE/FHS PHASING MODIFICATION, 522): Page 3 Approved Old Business: PPL 12-4140: Preliminary Plat(1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE,369): Page 4 Approved New Business: CUP 12-4197: Conditional Use Permit(2443 GREGG STREET/MEEKS,289): Page 5 Approved September 24,2012 Planning Commission PC Minutes 09-10-12 Agenda Item 1 Page 1 of 6 Planning Commission September 10, 2012 Page 2 of 6 MEMBERS PRESENT MEMBERS ABSENT William Chesser Tracy Hoskins Porter Winston Kyle Cook Ryan Noble Matthew Cabe Blake Pennington Sarah Bunch Craig Honchell STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. September 24,2012 Planning Commission PC Minutes 09-10-12 Agenda Item 1 Page 2 of 6 Planning Commission September 10, 2012 Page 3 of 6 Consent. Approval of the minutes from the August 27,2012 meeting. VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID & ASSOCIATES for property located at 5439 MAYWOOD DRIVE.The property is in the PLANNING AREA and contains approximately 0.75 acres. The request is to vacate a portion of a utility easement. VAC 12-4199: Vacation (2864 PRINCE WILLIAM/COOPER, 250): Submitted by ALAN REID & ASSOCIATES for property located at 2864 PRINCE WILLIAM DRIVE. The property is zoned RT-12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately 0.28 acres. The request is to vacate a portion of a utility easement. VAC 12-4205: Vacation (211T AMENDMENT/DICKSON STREET, 484): Submitted by JOHN STARNES for property located at 406 W.DICKSON STREET.The property is zoned MSC,MAIN STREET CENTER and contains approximately 0.10 acres. The request is to vacate a sidewalk easement. ADM 12-4222:Administrative Item(2233 W.STONE/FAYETTEVILLE HIGH SCHOOL I PHASING MODIFICATION,522): Submitted by RYAN GILL for property located at 2233 W. STONE STREET.The property is zoned P-1, INSTITUTIONAL and contains approximately 18 acres. The request is for a modification to approved phasing of the public improvements associated with Phase I of the Fayetteville High School Development(LSD 10-3588). Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0 September 24,2012 Planning Commission PC Minutes 09-10-12 Agenda Item 1 Page 3 of 6 Planning Commission September 10, 2012 Page 4 of 6 Old Business: PPL 12-4140: Preliminary Plat(1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE,369): Submitted by BATES AND ASSOCIATES for property located at 1730 NORTH OLD WIRE ROAD. The property is zoned NC,NEIGHBORHOOD CONSERVATION and contains approximately 13.64 acres. The request is for a residential subdivision with 53 single family lots. Andrew Garner, Senior Planner, gave the staff report. Geoff Bates, applicant,was present for any questions. Public Comment: Shawn??,lives on Old Wire road,discussed concerns with the floodplain,water and flooding over the road, traffic is bad and the creeek is an issue. Keven Sanchez,adjacent property owner to the north,discussed comments with the sidewalk connection that will be adjacent to his property. No more public comment was presented. Commissioner Chesser asked about retaining walls next to sidewalks. Glenn Newman, staff engineer, discussed the retaining wall requirements. Kevin Sanchez indicated that he was okay with City staff's response. Kit Williams,City Attorney,asked about placing the trees that will be preserved along the entrance into an easement. Geoff Bates, applicant, indicated that they could place the trees into an easement. Motion: Commissioner Chesser made a motion to approve PPL 12-4140 with all conditions as recommended by staff. Commissioner Cook seconded the motion. Commissioner Honchell asked to address the member of the public's concerns with flooding. Geoff Bates, applicant, discussed the detention pond and the drainage plan that will address these concerns. Commissioner Chesser called Shawn??back up to the stand. Glenn Newman, staff engineer, discussed that the City is aware of the issue with this road being flooded. Commissioner Hoskins asked the applicant if the pipe in question will be re-done with this project. Geoff Bates, applicant, indicated that`no' that is not in their project scope. September 24,2012 Planning Commission PC Minutes 09-10-12 Agenda Item 1 Page 4 of 6 Planning Commission September 10, 2012 Page 5 of 6 Upon roll call the motion passed with a vote of 8-0-1,with Commissioner Bunch recusing. September 24,2012 Planning Commission PC Minutes 09-10-12 Agenda Item 1 Page 5 of 6 Planning Commission September 10, 2012 Page 6 of 6 New Business: CUP 12-4197: Conditional Use Permit (2443 GREGG STREET/MEEKS, 289): Submitted by SMITH TWO-WAY RADIO for property located at 2443 GREGG STREET. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 12 acres.The request is for a cell tower. Jesse Fulcher, Current Planner, gave the staff report. Dave Reynolds, applicant, had no additional comments. Motion: Commissioner Cabe made a motion to approve CUP 12-4197 with all conditions as approved by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 6:05 PM. September 24,2012 Planning Commission PC Minutes 09-10-12 Agenda Item 1 Page 6 of 6 • aye evele PC Meeting of September 24, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 19, 2012 VAC 12-4221: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.04 acres. The request is to vacate a portion of a water and sewer easement on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2, Thoroughfare Commercial. The site is currently developed with a commercial building. The applicant has submitted a Site Improvement Plan application to redevelopment the property with a new Panda Express restaurant. Before this development proposal can move forward, a portion of the existing water and sewer easement must be vacated. Request: The applicant's request is to vacate a portion of an existing water and sewer easement. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements will be required at the time of development. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections G:\ETC\Development Services Review\2012\Development Review\12-4221 VAC Panda Express\16 PlannipC� �idssfig$\9z���2 PC forwarded\Continents and Redlines Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 1 of 14 AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4221 to the City Council with a recommendation for approval subject to the following condition: 1. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: September 24,2012 Motion: Second: Vote: Notes G\ETC\Development Services Review\2012\Development Review\I2-4221 VAC Panda Express\16 Planni%P@mr�issi�r�\9z70� 2 PC forwarded\Comments and Redlines m er Planning Commission VAC 12-0221 Panda Express Agenda Item 2 Page 2 of 14 Panda Express Water line Vacation PETITION TO VACATE A WATER LINE EASEMENT,LOCATED IN(lot 2,block 2,Fayetteville Center Subdivision),CITY OF FAYETTEVILLE,ARKANSAS TO:The Fayetteville City Planning Commission and The Fayetteville City Council 1,the undersigned,being the authorized agent of all the owners of the real estate abutting the water line easement, hereinafter sought to be abandoned and vacated,lying in(lot 2,block 2,Fayetteville Center Subdivision),City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a water line easement,which is described as follows: (see attached survey by Surveys 4 Design,LLC) That the abutting real estate affected by said abandonment of the alley are(see attached Special Certificate provided to applicant by Waco Title)City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, i subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this J�a- day of August,2012 Printed Name:Lorel Hoffman,agent I Signature Ute/ September 24,2012 Planning Commission VAC 12-0221 Panda Express Agenda Item 2 Page 3 of 14 1 POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16N—R30W) p0014) DESCRIPTION: (UTILITY \�0� Ip RI EASEMENT VACATIONI L A PART OF THE NORTHWEST QUARTER yyA� e OF THE 3 NORTHWEST ER OF SSECTION 0. TOWNSH TOWNSHIP 16TNORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, C.,. o ARKANSAS, BEING MORE PARTICULARLY N DESCRIBED AS FOLLOWS: / N90'0 COMMENCING AT THE NORTHEAST 15.00' f CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID $90'00'00"W SECTION 20; THENCE SOD'00'00"W ON 25' UTILITY 10.00' THE EAST LINE OF THE NORTHWEST EASEMENT POINT OF QUARTER OF THE NORTHWEST QUARTER BOOK 986, OF SAID SECTION 20 A DISTANCE OF PAGE 286 I 266.69 FEET; THENCE S90'00'00"W A (UTILITY EASEMENT DISTANCE OF 10.00 FEET TO THE POINT VACATION) OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF 132.84 FEET; THENCE EASEMENT $0000'00"W S67'23'00"W A DISTANCE OF 16.25 VACATION FEET; THENCE NOO'00'00°E A DISTANCE 132'84 OF 139.09 FEET; THENCE N90'00'00"E N0000'O' E A DISTANCE OF 15.00 FEET TO THE 139'09 POINT OF BEGINNING. CONTAINS 2039 aG SQUARE FEET, MORE OR'LESS. @AV OG SCALE: 1"=40' / S6723'00"W 16.25' c' 1 f 'r• / HAROLD D. RODGERS, JR. ARKANSAS LS-1422 - 14 0= �a ,,,, 4tA •LANp�•�,• EXHIBIT"A" SURVEYS 4 DESIGN, LLC PROJECT#: 12.2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXHIBIT.dwg September 24,2012 Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 4 of 14 J� n z 0 u a co I <. •� J �J LU OL LLJX .0 01 c sa o W = G o O tCvi � wv t O o fu N CLU tf N H (n v \l1Ay, w &��6'a� OK> {d .{ b,:9ja+2 €`3'iF ^a `e gVo =a x \\\ Y� 4 `S � '�3y 1 _ ✓` f Y I ` ` I 4� 1 u 9g z � � � •G r Ws U Z W p - September 24,2012 Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 5 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND - UTILITY EASEMENT VACATIONS �7 i DATE: � 2 UTILITY COMPANY: (a� APP.LICANTNAME: &L_ PED e� r � (PPLICANTPfiON6:(= i�� 7 ' �3 REQUESTED VACATION(applicaul must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley Street tight-of-way I have been notified of the petition to vacate the following(alley,easement, right-of-way),described as follows: General location/Address(referring to attached document-must be completed**) L l ( r7--A`( - v►�L �, (ATTACH legal description 0#graphic representation of what is being vacated-SURVEY) _ UTf.L1T V COMPANY COMMENTS: • No objections to the vocation(s)described above. • No objections to the vacation(s)described above,provided following described easements are retained,(State tate location,dimensions,and purpose below.) i Q No objectionsprovided the; rrfollowing conditions are met: 1 / l� � T `>x4t 7�' ! IWS II)xr! Seder SrrVKE. ,�StWG er4ti.r lnr.�rl' FPPs Ct➢S HfJ d00a?f 15 LYiM° SigentmoofUliGty npanyRepfesentative Title July 7009 Page3 September 24,2012 Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 6 of 14 UTILITY APPROVAL FORM FDA 1E1 Att-.OX W^,M LXX,AND I117ILITY FASICMYNT VACAMNS UTILITY Cp'WAtiv., j AMICANTNAl14E: L QZEL. ROV-r-lItA1r�4 r1111ANTPRONEZ -1 "t 75-0 REQUESTED VACATION(uppfteirieroast check gjf tl at aiaj*): Utility.VwWriant I 1691*0fsw9y foT Spey or iltroets and all atiGty easements located witbin thevacated sight-o&--way. r Allay M Stract right of wny I have beet honed of the petition wvwate the.follewial;(011ea;wdeme»t,Hghfw--ivay),described as JbiIaws: General location 1 AddrM(Tefarrit,g to,attached doutnhe,tt••mia be eompluteds g) (ATTA.Mftolda'ertpilongeaptricrep)-etant4t&iiofwhaikbotngvrtetifir +S` rAVElh9 UTILITY COMPANYCI'DMMENT& No oltoeetions to trio vaeation(a).dese lied above. I a No objeefiow.tDtttevwatb)ntq)described above,provided followlq4tigoribede"ements aror"ied.(State ilia location,dimeasiotls;and:lmtposo below) i • No objections provided the(Mowing conditions fms"et: i Sigaaitve dUtility Company toptcaoutative Title Jutyzss4 PV5 —........._... September 24,2012 Planning Commission VAC 12-0221 Panda Express Agenda Item 2 Page 7 of 14 UTILITY APPROVAL FORM FOR R[CJIT-O&WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: LOU UTIIdTY COMPANY: AEP-So6l000 AFPLICANTNAME - PLL- kQF-Ir—HIN )V4&C:"APpLICANTPH0NE: 7'1 70'I f REQUESTED VACATION(appSmnl maslcheck ail that apply): Wity Easement _ Right-of-way for alley or streets and all utility easements located within the vacated right-o€way. Alley Streetrigbt-o€way I have been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location/Address(referring to attached document-mustbe completed**) (ATTACNIegal descrlprian andgraphic represenladan of what is being vamted.SURV419 UTILITY COMPANY COMMENTS: • No objections to the vaeation(s)described above. • No objections to the vacation(s)described above,provided following described easements are retained.(State i the location,dimenstoos,and purpose below.) I • No objections provided the following conditions are met: _ I Signah of Utility CompanyRepr6bantatilvo Title t July 1089 Page . .......... ..._...- September 24,2012 Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 8 of 14 UTILI.TY APPROVAL FORM FOR MIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: Z'J7/�ZK-S S ,1 -y� APPLICANTNAME: L0ZCL- 144)r—'i:-HAac ,A'U PLICANTPHONE:C"47q -191-, 3 REQUESTED VACATION(apptfcant must check all Mat apply): Utility Easement Right-of-way for alley of streets and all utility easements located within the vacated right-of way. Alley Street right-of-way I have been notified of the petition to vacate the followipg(alley, easement,right-ofwzW)„described as follows: General location/Address(referring to attached document must.be completed*!) 3Y ,ji t Mao I Lc i t IrLi (ATTA CFIlegal description andgruphle representation ofwhaF is hcirig v acated-SUR VE F), UTILITY COMPANY COMMENTS: • No objections to the vacation(s)described above. • No objections to the vacation(s)described above,provided following described easements are retained.(State the location,dimensions,and purpose below.) No objections provided the following conditions are met: This is in AEP Territory. Ozarks Electric has no objection. Greq McGee Signature of Utility Company Representative Lead Staking Tech, Title Jury 2009 Page 5 September 24,2012 Planning Commission VAC 12-4221 Panda Express Agenda Item 2 Page 9 of 14 UTILITY APPROVAL FORM F0&RtGW_OF.WAY,AIAXY,Anu UTILITY EASEM6fYi'VA�ATfA1Vs _ ATB: 3 umrry cowANY: R 5W 6'1- APPLICANTNAW', LOW �1.D+FFF�Ih?�,�. eLrcArrrrtiotae: � 7�'t'�l� REQUOTM Vj&fCN(ayPdearr mual chect}ANtet W& utilby Easemew RigMof-wey for alloy or WC*Z and Of]utility essem=2$kcated wehin the vacated right-of-way. Alley .- Street de"f--way I lave been notified of the paddoq to vacate the following(aft ease K 40*411*b described as follows: Geaerd la tion/Address(mfTingto unnobed domneat-muitbe completed*') 11 11 hr� (ATTACMhgd d.=tp&ngad9w1dC NPNINeatrtCms of 0-tiff heat nsedo�SUNVEV UTILITY COMPANY CONRAENTS: . No objections to the vaumion(s)described above.. . No objeetoos to the vacation(.)described above,Provided following desenbed esseme!"are retained.(stele i the location,dimensions,and purpose below.) i . No objections Provided the following condmous.are met: p Was F60V & ACI[Ltrl WI E s U 7y UAn Signawra ofUfil{gr Campaay Repmeetative �NGItJEE7C bS4 � S r.1 ', T'ttle J4 woo Page 5 t September 24,2012 Planning-Cvmmisslorrf— VAC 12-0221 Panda Express Agenda Item 2 Page 10 of 14 ] ; | © | • ) ! � � \ \ ( I 2� $ | � ■ t � ! ! G 9 § } ` ` $ \ k ( | ¥ | .■ � . Septembera»z _ _ a VAC 12-4221 Express Agenda Item Page 11 UTILITY APPROVAL FORM FOR RIGHT=UR-WAY,ALLEY,ARID OTILITY BARE*-NT VACATIONS DATE: 21 C .. .. .. --UTILtTYGY1INP1 NYr-'"' _ -s �{. / APPLICANT NAME: �..pZej— ki)r—i;t -jkA r A&�_+�3SPP.LicANT PI3oNE;E_ 7,_a1 REQIlE81ED VACATtpt3'(npylltanf tnusf.epeck gj�ihat dpf�lyJ: Utility Easement. Righto£.way,for alley or§keets ua'all utility,e.asements located within the vacated.right-o&.way. Alley Street righbof--way I have been notified of the petition to:vacatethe fa0awingg(4f7ey emement.right of-way);described as follows: General location t Address(referring to attached docnmcn4 mustttb cmnpleted••) >, 24 At --Moi 19 .i r.sr> ,F Kic , t1 `lut ,_a , (.4TTACHlegal dwrrlpdon-&dgrgphlerepresM04onofwhg1bt ing.i!acWcd.'WRVE19 UTILITY COMPANY COMMENTS: r • ,No objections:-to the vacation(s):doscribed above. . �• No objectionsto the vacatiou(s)described:above,.provided following described easements-areretained.(State the location,dimensions,and%purpose below.) _I • No objections:provided the-:following.conditionsommet Sigo9taroofUtl[iryCompzn Representative Title I duty 1009 Page 5 I September 24,2012 Planning Commission VAC 12-0221 Panda Express Agenda Item 2 Page 12 of 14 VAC12-4221 PANDA EXPRESS Close Up View RMF-24 C-1 SUBJECT PROPERTY I-1 U •� J W m z a '1 CS 1 C-2 1 Legend �\ P-1 1 RSF4 Multi-O%se Trail (Existing) Future lirails - - - FayettevIlle City Limits L=gWWAC12-4221 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di 3trict 0 62.5 125 250 375 50 ------ Planning Area e�ember za,zolz (Fla ning Commission Agenda Item 2 Page 13 of 14 VAC12-4221 PANDA EXPRESS One Mile View ' RSF4 RPL RM1-24RM1�24 .■.�� LROR�EN CIR OS,IOE BNDasF Q p'1 w RSF-0 R N SF-0_ RM P1 1L W _r F-24 • O \ ill ELL RD C-2 -0 RSF4 P-1 CPLD MARKHAM RD P-1 CPLD RSF4 D SON ST ALLEY 223 as RSF4 -1 P-1 RA asF14.tOTZ DR R;ALTON WAL7 \ MF34 R W RMF-24 P W c z ¢ �O F `\ a ?RMF-2 p.1 RP� 4 24 C� MF o _ W ('J RMF P-1 ROY POND DR SUBJECT PROPERTY ° P1 Q Q P4 P-1 P-1 RMF24 N W UBLIC 545 O2 R RMF- 3 MITCHELL ST RPZD -24 RMF24 JW RMF24 RMF-24 P-1 RMF-2l R-O ■ � � Q CS C2 FC�qjI C3 N mz0 �.` c2 N w ..'+INDIANYRL' o-1 a RARMF-4' Qp,�1, G2' ,- .F1 C4�.. OFFICE DR ao RMF2'. RPZD CL RSF F-0RSF4 RSF-0 '` p -1 ` RSF C-1., Ft F RSF4W y `r C� W RP C-2 C 2 RPZD RAA C-2C 1 RSF RSF4 Q RPZDCn -1 R C2 CS C3..." ,...� O0 2 F C ,RO 1P C- #Ea C"2 ■ 3 f 1RMF -O - q 1E 1 0 R -0�RSF , F 1' i w PUBLIC 1250 ' 2TH RM 14 R O c2 - RMF-24`-- - i A \ W J RMF - D P 'P VATE 136 1i 24 RA 1 MF-24 C ■ Ft 12 WAF" ■� - GS RMF24 RMF-20 . F-12 Z RMF-24a F4 R 0 O CRO NE DR r r c- w Z N U ti# p .I�.. < Q R H 2 P.1 Rn -z4 W 2 RMF P-1•'... .— inti- Tr rite) P-1..,.. a1n F24 RA '.04G1 RMF24 ••. N ••'• 2 �RMF2jl RSF4 R$LKa',$, UrPE $T -1 G RMF-24 Q] F4 N ARCO D s ;14p ti-Use Tra i>g R cs CS¢- 1 F4 ' NF cs �C- ' Fd•�20a W ca•Cs r�LtlJl TI 011 & -1 1-1 V1 a0—, ? I- RSF4 1 RMF-2 20 Hillside-Hi I R� ' Overview Legend VAC 2-4221 Subject Property ----- �' , I Desi n Overlay District Qvnclz-azzl L Y Boundary _ _ _ Plan iing Area _L�'`� Fay tteville ;41 0 0.25 0.5 1 406er 24,2012 P nnin Commission VAC 12-4221 Panda Express Agenda Item 2 Page 14 of 14 Tayet evi le ARKANSAS PC Meeting of September 24, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Development Services DATE: September 18, 2012 LSD 12-4215: Large Scale Development (CULLS II, 717): Submitted by CLAY GROTE, PE for property located at 585 W. WILLOUGHBY ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 2.69 acres. The request is for 24,250 s.f of office and warehouse space. Planner: Quin Thompson Findings: Background: On May 17, 2006, the Planning Division approved a building permit for the construction of a 9,960 square foot industrial use structure with associated parking. The subject property and the two adjacent lots are under common ownership, but development was only proposed on one of the lots less than 1-acre, so large scale development approval was not required. The applicant submitted a large scale development proposal in October 2006 for two additional structures and associated parking; however, the large scale development application was later withdrawn prior to Planning Commission approval. On January 12, 2009, the Planning Commission approved,with conditions, a Large Scale Development (LSD 08-3167)that was never constructed. Property: The subject property is located at the southwest corner of Willoughby Road, Hwy 156, and McCollum Road. The Property contains 2.69 acres, is zoned I-1, and is used for warehousing. Proposal: The applicant requests large scale development approval for an approximately 24,250 sq. ft. industrial building with 29 parking spaces, originally approved as LSD 08-3167. Surrounding Land Use and Zoning: Direction Land Use Zoning North Vacant RSF-4, Residential Single-family South Vacant 1-1, Heavy Commercial/Light Industrial East Vacant; agricultural R-A, Residential Agricultural West Industrial (Tract 3) I-1, Heavy Commercial/Light Industrial Water and Sewer System: Water and sewer service is available to the property. G:IETCIDevelopment Services Reviewl20121Developmeni Reviewlll-4215 LSD 585 W. Willoughby(Culls 2nd submiltg)102 Subdivision Committee109-13-121Comments and Redlines September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 1 of 20 Adjacent Master Street Plan Streets: McCollum Avenue (Local Street) and Willoughby Road (Collector Street) Right-of-way to be dedicated: Sufficient right-of-way has been previously dedicated for Willoughby Road. However, right-of-way in the amount of 25' from centerline for McCollum Road is required to be dedicated by easement plat, as well as any right-of-way required with the associated vacation request. Street Improvements: Staff is recommending that McCollum Drive be improved 14' from centerline with pavement, curb and gutter, storm drains and a 5' sidewalk. A 5' sidewalk shall be constructed along Willoughby Road. Setback Variance: On January 5, 2009, the Board of Adjustment granted a front setback variance of 7' along Willoughby Road, permitting the building to be located 43' from the existing state right-of-way line. (BOA 09-3186) Landscape/Greenspace: The applicant requests a variance of the requirements of Chapter 177.04(D)(2)(a)to allow less than the required 15' of greenspace adjacent to the right-of-way. In this case, there is substantially more right-of-way along Willoughby Road(HWY 156) than required by the City's Master Street Plan. In the most recent Master Street Plan update,the designation of this street changed from a Principal Arterial(110')to a Collector(59'). However,with previous actions, the applicant had already dedicated the 55' of right-of-way from centerline, now resulting in an undue hardship to the developer. (This request was initially made in 2008, approved under LSD 08- 3167 by the Planning Commission, and has since expired.)Due to the excess right-of-way, and the approximately 40' of greenspace between the proposed parking lot and the street, staff is supportive of the request. Tree Preservation: The Urban Forester finds that trees had been previously removed from the site without development approval; therefore, the applicant is subject to Prior Tree Removal Chapter 167.04(D)(1). This may be satisfied first by on-site mitigation of 72 trees, then by off- site tree mitigation or off-site preservation (as requested), or last priority paying$48,600 into the Tree Escrow fund. Off-site tree preservation is the preferred option by staff. Existing Canopy(2007): 6,640sf (10.3%) Preserved Canopy: 400sf (0.6%) Prior Removal (Penalty trees removed in 2008): 2,900sf (4.5%) Removed Canopy(No Penalty due to 2009 ice storm): 3,340sf (5.2%) Required Canopy: 15% Penalty: 15%+ 10% = 15,763sf or 0.36 acres Mitigation Type Requested: On-site planting and Off-site preservation The applicant may elect to wait until January 2014 to submit the LSD Application, thereby avoiding the 5-year prior removal penalty. The applicant owns a separate property proposed for off-site tree preservation, as permitted by Chapter 167. This tree canopy is proposed to be permanently protected within a Tree Preservation Area easement. An Off-Site Preservation Plan identifying the Tree Preservation Area will be required prior to being placed on the Planning Commission agenda. G:IETCIDevelopmenl Services Review120120evelopmenl Review111-4215 LSD 585 W. Willoughby(Culls 2nd submilial)102 subdivision Commitlee109-13-12IComments and Redlines September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 2 of 20 Recommendation: Staff recommends approval of LSD 12-4215 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a variance from Chapter 177.04(D)(2)(a) to allow less than 15' of greenspace between the parking lot and Willoughby Road. In general, staff has supported greenspace waivers where unique circumstances exist and the variance will be in harmony with the general purpose and intent of the landscape regulations. In this case, there is substantially more right-of-way than required by the City's Master Street Plan (City requires 29.5' from centerline and there exists approximately 55'from centerline), resulting in an undue hardship to the developer. The resulting greenspace between the parking lot and street varies from 40' to 45' in width. Accordingly, staff recommends in favor of a greenspace variance, with the condition that all tree and shrubs are planted in greenspace outside of the right-of-way or within the right-of-way with AHTD approval. 2. Planning Commission determination of street improvements. Staff recommends the following street improvements: a. Staff recommends McCollum Street be improved 14' from centerline with pavement, curb and gutter, storm drains and a 5' sidewalk at the right-of-way line. b. A 5' sidewalk shall be constructed along the entire Willoughby frontage, and be located at the City's current Master Street Plan line, 29.5'from centerline. c. Street lights shall be installed at every intersection and with a maximum separation of 300'. 3. Planning Commission recommendation to City Council for a variance of Chapter 167.04(D) Prior Tree Removal. As stated herein, prior tree removal has occurred within the last five years, and therefore the site must be reforested. The applicant is requesting a combination of on-site reforestation and money-in-lieu paid into escrow. Staff recommends in favor of the request to provide a combination of on-site reforestation and escrow payment, provided that the site has been reforested as much as is practical, finding that there is not enough available landscape in which to meet the reforestation requirement. See attached memo from the Urban Forester. 4. Right-of-way in the amount of 25' from centerline for McCollum Road is required to be dedicated by easement plat, as well as any right-of-way required with the associated vacation request at the comer of McCollum and Willoughby. 5. Engineering Division, Fire Marshal, Solid Waste, and Urban Forester conditions of approval included herein shall apply and shall be addressed prior to building permit approval (attached). 6. The following revisions shall be made prior to Planning Commission review: a. Correct Lot 2 legal description. G:IETCIDevelopment Services Reviewl2012IDevelopment Review112-4215 LSD 585 W. Willoughby(Cults 2nd submiltg�Ig02 Stbbdiv� o 012 m Comiuee109-13-121Comments and Redlines lem er Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 3 of 20 b. The sidewalk along Willoughby Road should be relocated so that it is at the back of the 29.5' right-of-way. Urban Forester Conditions: 7. Address all items marked `N' in the Tree Preservation Comments, as well as redlines. 8. Provide a complete Off-site Mitigation Plan with Tree Preservation Easement noted. Include title block and scale. 9. Provide Tree Inventory Table. 10. Show Tree Preservation Fencing. 11. Show construction traffic flow and storage. 12. Prior to Building Permit approval, all required landscaping will require a performance bond and a completed Landscape Surety Form. Submit a landscape estimate for review at time of construction plan review. 13. Prior to Certificate of Occupancy, a 3-year Maintenance Plan must be submitted with a 3- year surety(letter of credit,bond, or cash) and completed Landscape surety Form. Standard conditions of approval: 14. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 15. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 16. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 17. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. 18. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut- sheets are required for review and approval prior to issuance of a building permit. 19. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this G:IETCIDevelopment Services Reviewl20121Development Review112-4215 LSD 585 W. Willoughby(Culls 2nd submitial)102 Subdivision Commiltee109-13-121Commenis and Redlines September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 4 of 20 requirement. 20. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. 21. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 22. Large scale development shall be valid for one calendar year. 23. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 24. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: ❑ Approved ❑ Denied ❑ Forwarded Meeting Date: September 24,2012 Motion: Second: Vote: G:IRTCIDevelopment Services Review110121Developmeni Reviewll2-4215 LSD 585 W. Willoughby(Cells 2nd submittalW2 Subdivision CommilteeM-13-121Comments and Redlines September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 5 of 20 THE CITY OF FAYETTEVILLE,ARKANSAS PARKS AND RECREATION DIV]SION aye eVlle 4F Y Re4IIe AIR 7270155S Happy Hallow 1rr-rvz?rx.x PIA7914AC3971 F{91915217719 De iTelecommunicationliDel fo,thu Deaf) WWW.accessfayetteville-org (479)521-1316 URBAN FORESTRY DIVISION LANDSCAPE REGULATIONS— Chapter 177 To: Clay Grote CC: Quin Thompson, Current Planner From: Megan Dale, Urban ForesterlLandscape Administrator Date: 24 September 2012 Subject: LSD 12-4215: Culls II Planning Commission Review Comments Applicable Requirements: Y Site Developmant&Parking Lot Standards y Street Tree Planting.Standards N/A Stormwater Facilities Plan Checklist.- Y= hecklist:Y= submitted by applicant N=required by City Code but not included on submitted plan NA=not applicable Tech Plat SC PC All Landscape Plans Y y y Irrigation notes eitherautomatic orhose bib 100'o.c. 177.03A.7. & 177.04.B.3.a Y Y Y Species of plant material identified 177.03.A.7.d &e Y Y y Size of plant material at time of installation indicated minimum size 2"caliper for trees and 3 gal. shrubs 177.03.A.7.b&c Y Y Y Soil amendments notes include that soil is amended and sod removed 177.03.C.6.b Y y y Mulch notes indicate organic mulching around trees and within landscape beds (177.03.C.6.c &d) N N N LSD and Subdivisions plans stamped by a licensed Landscape Architect, others by Landscape Designer 177.03.13 N N y Planting bed contained by edging 177.03.C.6. N N N Planting details according to Fayetteville's Landscape Manual (177.03.C.6.g) T�icmnnnurGcahnns Devoe for khe Deaf (0G6179;521316 71-]V7csl(ioirwin FayetdovaiGA872701 Page 1 of 3 September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 6 of 20 THE CITY OF FAYETTEVILLE,ARKANSAS Tech Plat SC PC Site Development&Parking Lot Standards N N Y Wheel stops/curbs (177.04.B.1) Interior landscaping (177.04.C) N N y Narrow tree lawn (8'min width, 37.5'min length/1 tree per 12 spaces)OR Tree island(8'min. width, 18.7'min. lenght/1 tree per 12 spaces) Allparking lot trees must be deciduous(177.04.C.3) N N y Placement of Trees(177.04.C.2) Either side at points of access entrance%xit Perimeter landscaping (177.04.D) Side and rear property lines(5'wide landscaped) Front property line(15'wide landscape)(177.04.D.2.a) N N N Shade trees planted on south and west sides of parking lots (177.04.D.2.e) Parking lot adjacent to R.O.W.-continuous row planting of shrubs-50%evergreen. Remaining landscaping to be ground cover and/or turf.)(177.04.D.4a) NOTE: Shade trees are described in street tree planting standards Street Tree Planting Standards (time of F.P. orpermit)(17T05) NA NA NA Residential Subdivisions- 1 large species shade tree/lot tree planted within R.0.W. if possible N y y Nonresidential Subdivision- 1 large species shade tree/30 L.F.tree planted within 15-25' reens ace NA NA NA Urban Tree Wells-urban streetscape only-8'sidewalk,trees every 30 L.F. 177.05.B.3.a- NA NA NA Structural Soil-if urban wells are used, a note or detail of structural soil must be indicated on the landscape plan NA NA NA Timing of planting indicated on plans subdivisions only) 177.05.A.4 NA NA NA Written description of the method for tracking plantings (177.05.A.4.e) Plan contains 3-year Maintenance and Monitoring Agreement.The owner shall Y Y Y deposit with the City of Fayetteville a surety for approved landscape estimate. 177.05.A.2.e Tech Plat SC PC Stormwater Facilities time of F.P. orpermit) 177.06.A—C NA NA NA 1 deciduous or evergreen tree/3000 square feet NA NA NA 4 large shrubs or small trees (3 gal)13000 square feet NA NA NA 6 shrubs or grasses (1 gal)13000 square feet NA NA NA Ground cover unless seed or sod is specified NA NA NA 50% of facility planted with grass or grass like plants Conditions of Approval: 1. Address all items above marked with"N" and redlines. 2. Plant List states mitigation trees as Pin Oak. Plan lists mitigation trees as Red Cedar. Red Cedar not accepted for mitigation trees. Revise plan. 3. Plans to be stamped and signed by a Landscape Architect. 4. Tree planting detail to match City of Fayetteville detail. Page 2 of 3 September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 7 of 20 THF CITY OF FAYETTEV ILLE,ARKANSAS 5. Screening shrubs to be 50%evergreen and continuous. Draft 3'o.c. 6. Prior to Building Permit approval, all required landscaping will require a performance bond and a completed Landscape Surety Form. Submit a landscape estimate for review at time of construction plan review. 7. Prior to Certificate of Occupancy, a 3-year Maintenance Plan must be submitted with a 3-year surety(letter of credit, bond or cash)and completed Landscape Surety Form. 8. Landscape Architect of record shall inspect site and direct Contractor to make changes to meet Approved plans and details prior to Urban Forester Certificate of Occupancy inspection. No changes to the approved landscape plan may be made without Urban Forester approval. Page 3 of 3 September 24,2012 Planning Commission LSD 12-4215 The Culls II Agenda Item 3 Page 8 of 20