HomeMy WebLinkAbout2014-03-24 - Agendas - Final CITY OF
a e evl jq AGENDA
Y ARKANS
Planning Commission Meeting
March 24, 2014
5:30 PM
113 W. Mountain, Room 219
Members: Craig Honchell (Chair), Kyle Cook (Vice Chair), Sarah Bunch (Secretary), Ron Autry,
Ryan Noble, Porter Winston, Tracy Hoskins, William Chesser
City Staff: Andrew Garner, City Planning Director
Call to Order
Roll Call
Presentation
Planning Commission Service Award to Blake Pennington
Consent
1. Approval of the minutes from the March 10, 2014 meeting.
2. ADM 14-4652 Administrative Item (UDC AMENDMENT CHAPTER 156 VARIANCES):
Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter
156. The proposal is to clarify that variances of Chapter 172: Parking and Loading may be
requested. Planner: Andrew Garner
Old Business
3. RZN 14-4618: Rezone (SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY
HOLLOW RD/PADDOCK SD, 526): Submitted by BLEW AND ASSOCIATES for property located
AT THE SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY HOLLOW ROAD. The
property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains
approximately 9.77 acres. The request is to rezone the property to RSF-8, RESIDENTIAL
SINGLE-FAMILY, 8 UNITS PER ACRE and NC, NEIGHBORHOOD CONSERVATION.
Planner: Jesse Fulcher
New Business
4. RZN 14-4645: Rezone (NORTH OF ALBERTA ST. AND WEST OF THE COVES/THE
COVES, 555): Submitted by KIM HESSE for property located at NORTH OF ALBERTA ST. AND
WEST OF THE COVES. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 10.22 acres. The request is to rezone the property to RSF-
8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and NC, NEIGHBORHOOD
CONSERVATION. Planner: Jesse Fulcher
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
5. LSD 14-4640: Large Scale Development (SOUTHWEST CORNER OF SHILOH AND
FOXGLOVE/CRAIN AUTOMOTIVE, 287): Submitted by JORGENSEN AND ASSOCIATES for
property located at THE SOUTHWEST CORNER OF SHILOH AND FOXGLOVE. The property
is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT/SPRINGWOODS and contains
6.61 acres. The request is for a 30,000 square foot retail and service building and display lot.
Planner: Jesse Fulcher
6. ADM 14-4648: Administrative Item (FOREST HILLS PZD, 440): Submitted by JOHN
ALFORD for property located in PLANNING AREA 1 OF THE FOREST HILLS PZD. The property
is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 22.41
acres. The request is to amend the architectural design standards for Planning Area 1.
Planner: Jesse Fulcher
7. CUP 14-4649: Conditional Use (FOREST HILLS PZD/FREDDY'S FROZEN CUSTARD,
440): Submitted by CDS DEVELOPMENT SERVICES for property located at LOT 15 OF THE
FOREST HILLS PZD. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 1.35 acres. The request is for a conditional use permit to
allow more parking than allowed by code. Planner: Jesse Fulcher
Old Business
8. LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT
ROAD AND SHILOH DRIVE/KUM & GO, 329): Submitted by CEI ENGINEERING for property
located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE.
The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69
acres. The request is to build a 4,991 square foot gas station with associated parking.
Planner: Jesse Fulcher
9. ADM 14-4635 Administrative Item (UDC AMENDMENT CHAPTER 166.21 DOWNTOWN
DESIGN OVERLAY DISTRICT STANDARDS; CHAPTER 166.22 PARKING DECK DESIGN
STANDARDS; and CHAPTER 166.23 URBAN RESIDENTIAL DESIGN STANDARDS):
Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters
166.21, 166.22, and 166.23. The proposal is to modify various design standards UDC Chapter
166. Planner: Andrew Garner
10. Election of Planning Commission Officers for 2014
Announcements
• April 3, 2014 Subdivision Committee Team 1: Noble (chair), Honchell, vacant seat?
• Historic Preservation Award Nominations
2
The following items have been approved administratively by City staff.
• FPL 14-4624: Final Plat (1730 N. OLD WIRE RD/COTTAGES AT OLD WIRE, 369):
Submitted by BATES AND ASSOCIATES for property located at 1730 N. OLD WIRE RD.
The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 13.64 acres. The request is for final plat approval of a residential
subdivision with 53 single family lots. Planner: Andrew Garner
• FPL 14-4644: Final Plat (SW CORNER OF MOUNTAIN RANCH AND
PERSIMMON/PARK PLACE AT MOUNTAIN RANCH PHASE I, 479): Submitted by
JORGENSEN AND ASSOCIATES for property located at THE SOUTHWEST CORNER
OF MOUNTAIN RANCH AND PERSIMMON. The property is zoned NC,
NEIGHBORHOOD CONSERVATION and contains approximately 0.43 acres. The
request is for final plat approval of a residential subdivision with 3 single family lots.
Planner: Andrew Garner
• LSP 14-4642: Lot Split (6108 CLAYTON POWELL RD./YAZWINSKI, 260): Submitted
by CASTER AND ASSOCIATES for property located at 6108 CLAYTON POWELL RD.
The property is in IN THE PLANNING AREA and contains 10.00 acres. The request is to
split the property into two tracts containing approximately 8.43 and 1.57 acres.
Planner: Jesse Fulcher
• LSIP 14-4627: Large Site Improvement Plan (SOUTHEAST CORNER OF
BEECHWOOD AND MARTIN LUTHER KING BOULEVARD/BEECHWOOD, 521):
Submitted by JORGENSEN AND ASSOCIATES for property located at THE SE CORNER
OF BEECHWOOD AND MLK. The property is zoned CS, COMMUNITY SERVICES and
contains approximately 16.30 acres. The request is to build approximately 213 cottage
style apartments and multi-level townhouse units with a clubhouse.
Planner: Quin Thompson
Adjourn
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.
3
CITY OF
a e evl jq MINUTES
Y ARKANS
Planning Commission
March 10, 2014
5:30 PM
City Administration Building in Fayetteville, AR, Room 219
Members: Craig Honchell - Chair, Kyle Cook - Vice-Chair, Sarah Bunch — Secretary, William
Chesser, Ron Autry, Ryan Noble, Porter Winston, and Tracy Hoskins
City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin
Thompson — Planner, Glenn Newman — Development & Construction Manager, Cory
Granderson — Staff Engineer, and Kit Williams—City Attorney
1. Call to Order: 5:30 PM, Craig Honchell
2. In Attendance: Craig Honchell, Porter Winston, Sarah Bunch, Tracy Hoskins, Ryan
Noble, Ron Autry, and William Chesser
Absent: Kyle Cook 'Note: Kyle Cook arrived after consent agenda.
Staff: Andrew Garner, Quin Thompson, Cory Granderson, and Kit Williams
3. Approval of Consent Agenda: Yes
Approval of the minutes from the February 24, 2014 meeting.
LSD 13-4581: Large Scale Development (WEST OF MITCHELL ST. ON S. SANG
AVE./CHATEAU SPRINGS, 520): Submitted by BLEW AND ASSOCIATES for property
located NORTH OF MITCHELL STREET ON SOUTH SANG AVENUE. The property is
zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains
approximately 1.18 acre. The request is to construct two buildings with 10 residential units.
ADM 14-4651: Administrative Item (1481 W. VAN ASCHE DRIVE/NWA TOWING, 209):
Submitted by AMANDA AND BRENT MANNING for property located at 1481 W. VAN
ASCHE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL. The
request is for a modification to condition of approval No. 2 from CUP 13-4535 to modify the
timing of the required chain link fence relocation because of the City's improvements to Van
Asche Drive.
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 7-0-0.
Mailing Address: Planning Commission
113 W. Mountain Street www.FP Ok?4ig@lgr.gov
Fayetteville,AR 72701 Agenda Item 1
03-10-14 Minutes
Page 1 of 10
4. Old Business:
LSD 13-4568: Large Scale Development(NORTHWEST CORNER OF MOUNT COMFORT
ROAD AND SHILOH DRIVE/KUM & GO, 329): Submitted by CEI ENGINEERING for
property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND
SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 1.69 acres. The request is to build a 4,991 square foot gas station with
associated parking.
No staff report and no public comment were presented.
Motion :
Commissioner Chesser made a motion to table LSD 13-4568 to the 3-24-14 meeting.
Commissioner Autry seconded the motion. Upon roll call the motion passed with a
vote of 8-0-0.
Planning Commission
March 24,2014 2
Agenda Item 1
03-10-14 Minutes
Page 2 of 10
5. New Business:
RZN 14-4618: Rezone (SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY
HOLLOW RD/PADDOCK SD, 526): Submitted by BLEW AND ASSOCIATES for property
located AT THE SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY HOLLOW
ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 9.77 acres. The request is to rezone the property to RSF-8,
RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE.
No staff report and no public comment were presented.
Motion:
Commissioner Chesser made a motion to table RZN 14-4618 to the 3-24-14 meeting.
Commissioner Cook seconded the motion. Upon roll call the motion passed with a
vote of 8-0-0.
Planning Commission
March 24,2014 3
Agenda Item 1
03-10-14 Minutes
Page 3 of 10
RZN 14-4619: Rezone (6350 W. SELLERS RD.MINDSOR, 513): Submitted by BLEW AND
ASSOCIATES for property located at 6350 WEST SELLERS ROAD. The property is zoned
RSF-2, RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately
34.44 acres.The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY,
4 UNITS PER ACRE.
Quin Thompson, current planner, read the staff report.
No public comment was presented.
Buckley Blew, applicant, said that the project did not need additional density, but did need
narrower lots minimums. Then he added that more lots are needed in order to offset the
cost of required sewer improvements to the site.
William Chesser, Commissioner, said that he felt he could not support and additional ten
lots over the maximum allowed under the current zoning. He added that the additional lots
would be too much density for the area, and too much impact on infrastructure.
Porter Winston, Commissioner, said that he was concerned with impact to the adjacent
stream, and felt that the increased density was incompatible overall with the area.
Tracy Hoskins, Commissioner, said that the higher density would require more
infrastructure improvements. He said that he would be supportive of the extra lots.
Kyle Cook, Commissioner, asked about the location of the existing sewer lift station nearby,
and the potential to connect to that.
Corey Granderson, Staff Engineer, stated that the existing lift station to the north would
require upgrades to support the project, and that a new lift station would be needed to reach
it.
Blew added that the existing lift station to the north is not up to City specification, and would
require significant upgrades to serve the proposed development.
Cook noted that the City policy prefers not to use force mains.
Kit Williams, City Attorney, asked if the applicant had pursued a design that would bring
gravity service from the north, and creating a single new lift station on the property rather
than building a new one and upgrading an existing but sub-standard station.
Granderson, said that the City may be interested in that approach with a potential for a cost
sharing arrangement.
Honchell, said he expected that the Bill of Assurance provided would be nearer the number
of lots feasible under the current zoning. He added that his concern is that RSF-4 would set
a precedent for future development at a density higher than would be compatible with the
surrounding neighborhood.
Ron Autry, Commissioner, said his concern is that the project will return again and again
to the Commission if the request is not approved.
Planning Commission
March 24,2014 4
Agenda Item 1
03-10-14 Minutes
Page 4 of 10
Cook said that RSF-2 was granted years ago because services were so limited. Services
have not been improved, and the requested higher density will create more car trips, more
impact on roads.
Chesser said that he supports the staff recommendation, stating that the property will
develop at a point when the time is right, but that it may take time. He said that the property
was zoned RSF-2 for a reason, and that the Commission should respect that.
Sarah Bunch, Commissioner, said she visited the site, and feels that the market is not ready
to support the type of development the proposed zone would allow.
Winston said that the core of the argument is that the density is needed to justify the cost
of required improvements that the development is causing.
Honchell said that the can't support the request, as it would be inconsistent with past
rezoning decisions, and that he feels that the proposal would allow too much density for the
area.
Williams noted that the applicant had ten days to submit an appeal of the decision.
Motion:
Commissioner Cook made a motion to forward RZN 14-4619 to City Council with a
recommendation for approval. Commissioner Bunch seconded the motion. Upon roll
call the motion failed with a vote of 3-5-0. Commissioners Chesser, Honchell, Cook,
Winston, and Bunch voted "no".
Planning Commission
March 24,2014 5
Agenda Item 1
03-10-14 Minutes
Page 5 of 10
LSD 14-4629: Large Scale Development (1249 W. CATO SPRINGS/MOON
DISTRIBUTORS, 638): Submitted by CIVIL DESIGN ENGINEERS for property located at
1249 W. CATO SPRINGS. The property is zoned 1-1, HEAVY COMMERCIAL LIGHT
INDUSTRIAL and contains 10.85 acres. The request is for a 12,854 square foot warehouse
with 2,465 square feet of office space.
Andrew Garner, City Planning Director, read the staff report.
Public comment:
Aubry Shepard, citizen, discussed previous grading and filling of site.
No more public comment was presented.
Garner discussed how the property came to be graded as part of the Cato Springs widening.
Ferdi Fourie, applicant, discussed project.
Motion:
Commissioner Winston made a motion to approve LSD 14-4629 with conditions as
recommended by staff. Commissioner Autry seconded the motion. Upon roll call the
motion passed with a vote of 8-0-0.
Planning Commission
March 24,2014 6
Agenda Item 1
03-10-14 Minutes
Page 6 of 10
ADM 14-4638: Administrative Item (3383 N. MANA AND 361/375 MILLSAP ROAD, 212):
Submitted by JERRY HORTON for property located at 3383 N. MANA AND 361/375
MILLSAP ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R-O,
RESIDENTIAL OFFICE.The request is for a shared parking agreement between the subject
properties.
Andrew Garner, City Planning Director gave the staff report.
Jerry Horton, applicant, discussed they would file the lease agreement at the circuit court.
He discussed the problem and the history of the property. He is open for a
recommendation or options he can take to the applicants.
No public comment was presented.
Commissioner Chesser discussed disagreement with staff. Recommends these spaces
should be deeded. He discussed he is not comfortable with that condition as it is going too
far.
Honchell asked about the possibility of shared parking agreement through the lease.
Jerry Horton discussed the improvements they will make will be about $60,000. We have
proposed a 25 year lease between the owners. On our side we will have the option for
another 25 years.
Kit Williams, City Attorney, discussed that a 25 year lease is substantial. He asked about
the lease agreements.
Jerry Horton, applicant, described the 25 year lease with an option to renew.
Williams discussed that this offers a substantial protection to the small property owners.
Garner discussed that he would be comfortable with a copy of the lease indicated by the
applicant.
Commission Chesser made a motion to Strike #1 as and replace with the condition
discussed by staff with a 25 year lease with the property at 361/375 Millsap Road has an
option to renew the lease. The copy of the lease shall be filed of record at the circuit
clerk's office.
Commissioner Hoskins asked why the place wasn't occupied, has the City denied a
permit?
Jerry Horton, applicant, discussed the tenants said they didn't have enough parking.
Commissioner Chesser amended his motion to reflect commissioner Bunch's request for
the lease to be filed of record.
Planning Commission
March 24,2014 7
Agenda Item 1
03-10-14 Minutes
Page 7 of 10
Motion:
Commissioner Chesser made a motion to approve ADM 14-4638 striking condition of
approval No. 1 and replacing it with the following language:
The applicant shall provide the City Planning Division with a copy of the executed 25 year
parking lease, indicating that the property at 361/375 Millsap Road has an option to renew
the lease. The copy of the lease shall be filed at the circuit clerk's office. Keeping condition
of approval No. 2 as recommended by staff.
Commissioner Winston seconded the motion.
Upon roll call the motion passed with a vote of 8-0-0.
Planning Commission
March 24,2014 8
Agenda Item 1
03-10-14 Minutes
Page 8 of 10
ADM 14-4635 Administrative Item (UDC AMENDMENT CHAPTER 166.21 DOWNTOWN
DESIGN OVERLAY DISTRICT STANDARDS; CHAPTER 166.22 PARKING DECK
DESIGN STANDARDS; and CHAPTER 166.23 URBAN RESIDENTIAL DESIGN
STANDARDS): Submitted by CITY PLANNING STAFF for revisions to the Unified
Development Code, Chapters 166.21, 166.22, and 166.23.The proposal is to modify various
design standards UDC Chapter 166.
No staff report and no public comment were presented.
Motion:
Commissioner Chesser made a motion to table ADM 14-4635 to the 3-24-14 meeting.
Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a
vote of 8-0-0.
Planning Commission
March 24,2014 9
Agenda Item 1
03-10-14 Minutes
Page 9 of 10
6. Reports: No reports
7. Announcements: No announcements
8. Adjournment Time: 7:21 PM
9. Submitted by: City Planning Division
Planning Commission
March 24,2014 10
Agenda Item 1
03-10-14 Minutes
Page 10 of 10
CITY OF
a e evi le PLANNING COMMISSION MEMO
Y ARKANSAS
TO: Fayetteville Planning Commission
FROM: Andrew Garner, City Planning Director
MEETING DATE: March 24, 2014
SUBJECT: ADM 14-4652 Administrative Item (UDC AMENDMENT CHAPTER 156
VARIANCES): Submitted by CITY PLANNING STAFF for revisions to the
Unified Development Code, Chapter 156. The proposal is to clarify that
variances of Chapter 172: Parking and Loading may be requested.
RECOMMENDATION:
Staff recommends that the Planning Commission forward ADM 14-4652 to the City Council with
a recommendation for approval.
BACKGROUND:
Variances of the Unified Development Code are only permitted if they are specified in the code.
There are certain individual sections of Chapter 172: Parking and Loading that discuss that the
code may be varied or modified through a variance or conditional use process. However, much
of Chapter 172 does not provide the option for variances, and it is unclear which portions of may
be varied.
DISCUSSION:
Staff proposes to modify Chapter 156: Variances to make it clear that variances of Chapter 172
are permitted. Chapter 156 is proposed to refer to Chapter 172 in the same code subsection as
general development variances (Chapter 166). In addition an isolated reference in Chapter 172
referring to parking deign waivers is being removed. The proposed code changes are identified
in the attached document in highlight and underline.
BUDGET/STAFF IMPACT:
None
Attachments:
• Proposed code changes to UDC Chapters 156: Variances and 172: Parking and Loading
Mailing Address: Planning Commission
113 W. Mountain Street Nm*.Uy@@rletdille-ar.gov
Fayetteville, AR 72701 Agenda Item 2
14-4652 UDC 156
Page 1 of 4
CHAPTER 156: VARIANCES
156.03 Development, Parking and
Loadin
Certain variances of the development and parking
regulations may be applied for as follows:
(A) General requirements.
(1) Undue hardship. If the provisions of
Development, Chapter 166, or Parking and
Loading. Chapter 172 are shown by the
developer to cause undue hardship as they
apply to this proposed development
(including, but not limited to financial,
environmental, or regulatory) and that the
situation is unique to the subject property,
the city Planning Commission may grant a
variance, on a temporary or permanent
basis, to the development from such
provision, so that substantial justice may be
done and the public interest secured;
provided that the variation will not have the
effect of nullifying the intent and purpose of
the development regulations. No variance
shall be granted for any property which does
not have access to an improved street.
(2) Conditions and safeguards. In granting
variances, the Planning Commission may
prescribe appropriate conditions and
safeguards to secure substantially the
objectives of the standards or requirements
so varied.
CD156:1 Planning Commission
March 24,2014
Agenda Item 2
14-4652 UDC 156
Page 2 of 4
Fayetteville Code of Ordinances
CHAPTER 172: PARKING AND
de net FnAet thAsA standaWs may app!
LOADING
172.04 Parking Lot Design Standards atopreval:
(F) Parking Lot Circulation.
(4) Entrances and internal aisle design for
parking lots containing 9 or more parking
spaces. The driveway width into parking lots
shall meet the following requirements:
(a) Entrances.
(i) One-way access to parking lots. If
the driveway is a one-way in or
one-way out, then the driveway
width shall be a minimum of 12 feet
and a maximum of 16 feet.
(ii) Two-way access to parking lots.
For two way access, the driveway
width shall be a minimum 20 feet
and a maximum width of 24 feet,
unless otherwise required by the
Fire Department.
(iii) Collector and Arterial Streets.
Driveways that enter collector and
arterial streets may be required to
have two outbound lanes (one for
each turning direction) and one
inbound lane for a maximum total
driveway width of 39 feet.
(iv) Curb radius. All driveways serving
9 or more parking spaces shall
have a curb radius of 15 feet for
curb cuts on local streets and a
curb cut radius of 20 feet for
collector, minor arterial and arterial
streets.
(b) Internal aisle design.
(i) Aisles shall be designed so that
they intersect at 90 degrees with
other aisles and driveways where
practical.
(ii) Aisles shall be designed to
discourage cut-through traffic by
use of landscape islands, and shall
meet the requirements of Chapter
177:Landscape Regulations.
(iii) Aisles shall conform to the
dimensional requirements of
§172.04(0).
CD156:2 Planning Commission
March 24,2014
Agenda Item 2
14-4652 UDC 156
Page 3 of 4
Planning Commission
March 24,2014
Agenda Item 2
14-4652 UDC 156
Page 4 of 4
CITY OF
ayepi le PLANNING COMMISSION MEMO
ARKANSAS
I V: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jesse Fulcher, Senior Planner
Glenn Newman, Staff Engineer
MEETING DATE: March 24, 2014
SUBJECT: LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF
MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329):
Submitted by CEI ENGINEERING for property located at the
NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH
DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and
contains approximately 1.69 acres. The request is to build a 4,991 square
foot gas station with associated parking.
RECOMMENDATION:
Staff recommends approval of LSD 13-4568 with access changes recommended by staff and
conditions of approval.
BACKGROUND:
The Planning Commission tabled the project after the first review on January 13, 2014. The
Planning Commission expressed concerns with a proposed full access driveway on Mount
Comfort Road and two driveways on Shiloh Drive. Commissioners discussed the proximity of the
Mount Comfort driveway to the intersection and left hand turning movements across Mount
Comfort. The Commission asked the applicant to evaluate extending the center turn lane further
west to allow stacking for east-bound vehicles.
For the past two months the applicant has been working with the property owner (same owner for
all property on north side of Mount Comfort) to secure additional right-of-way and with City
Engineering on an acceptable street widening design. Plans are attached showing an extended
center turn lane for Mount Comfort Road and associated street widening, re-striping the Shiloh
Drive center turn lane, and redesigning the Shiloh Drive access drive. As a result of the street
widening, small areas of greenspace have been reduced below the required 6 feet between the
curb and sidewalk. A variance letter is also included.
The subject property is located at the northwest corner of Mount Comfort Road and Shiloh Drive,
and is within the 1-540 Design Overlay District.The property is currently developed with an existing
single-family home and some type of business operation. Surrounding land use and zoning is
depicted on Table 1.
Mailing Address: Planning
h Commission
4
113 W. Mountain Street www. Awllpo§gov
Fayetteville, AR 72701 13-4568 Kum and Go
Page 1 of 52
SURROUNDING LAND USE AND ZONING:
Direction Land Use Zoning
from Site
North Commercial R-A, Residential Agricultural
South Residential RSF-4, Residential Single-family
East Undevelo ed CS, Community Services
West Residential R-A, Residential Agricultural
Request: The applicant requests large scale development approval to construct a 4,991 square
foot convenience store and gas pump canopy.
Water and Sewer System: The property has access to existing public water and sewer services.
Adjacent streets and right-of-way: This site is adjacent to the signalized intersection of Mount
Comfort Road, a minor arterial street, and Shiloh Drive, a minor arterial street.
Street Improvements: Both of the adjacent streets were recently improved by the City of
Fayetteville through the Transportation Improvement Bond Program, with an approximate cost
of 10 million dollars, which included road widening and intersection realignment.
Tree Preservation:
Existing Canopy: 10.5% "Preserved Canopy: 2.0% Required Canopy: 10.5%
Mitigation shall be a combination of on-site planting and money in-lieu for 19 mitigation trees.
Access Management/Connectivity: Access Management Standards were adopted so that new
development would not create or contribute to unsafe or congested conditions, especially along
arterial roadways. As new access points are created, the potential for vehicle conflicts between
through traffic and traffic using the access increases. This is particularly true for access points
that allow left turns, which account for the majority of crashes at driveways. In addition to
decreased safety, poorly designed access points increase congestion and traffic delays.
The subject site is located at the corner of Mount Comfort Road (a minor arterial street) and Shiloh
Drive (a minor arterial street), which is a signalized intersection with dedicated left turn lanes. The
access management ordinance states that when a property has multiple street frontages, access
shall be taken from the street with the lower functional classification. In a case where the streets
have the same classification, access shall be from the lower volume street. In this instance,
access should be restricted to Shiloh Drive, since Mount Comfort Road carries significantly more
traffic. The 2012 Traffic Estimates prepared by the Arkansas State Highway and Transportation
Department indicate there are an average of 15,000 vehicle trips per day on Mount Comfort Road
and 3,300 per day on Deane Solomon/Shiloh.
The applicant's proposal is for a full access, three-lane driveway on Mount Comfort Road and
Shiloh Drive. A right-in/right-out driveway on Shiloh has been removed, since the initial review.
Neither driveway meets the Access Management Ordinance. The access to Mount Comfort Road
meets the separation requirements, but is prohibited, since access to a lower volume street is
available. The full access on Shiloh Drive is too close to the intersection of Deane Solomon Road
and Shiloh Drive (approximately 195 feet).
Staff's biggest safety concern has been with the full access on Mount Comfort Road. Since the
previous review the center turn lane has been extended to provide approximately 150 feet of
stacking for east-bound vehicles trying to access the subject property. This will significantly
reduce the concerns with blocking of the inside travel lane during peak morning traffic, increased
Planning Commission
March 24,2014 z
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13-4568 Kum and Go
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lane changes, congestion and rear-end collisions.
However, a driveway for a high traffic generating business, such as a convenience store, will
create congestion and potentially dangerous turning movements. The turn lane will simply reduce
these factors. In fact, the turn-lane won't solve or even reduce left-turns, which are the highest
proportion of crashes at access drives (47% ingress and 27% egress). As noted in the traffic
report, the convenience store will generate 75 new left-turns (a.m. peak) across Mount Comfort.
Further compounding dangerous turning movements will be the use of the center lane for vehicles
exiting the site and queuing to access Mount Comfort while other vehicles attempt to use the turn
lane for access into the site or Shiloh Drive.
An access management ordinance is adopted to not just reduce vehicle conflicts created by a
new development, but to prohibit those conflicts on the major thoroughfare and restrict
movements to a slower, lower volume street. Shiloh Drive is a much lower volume street with
slower traffic speeds, a dedicated center turn lane and access to a signal. To best preserve the
functionality and safety of Mount Comfort, access to this property should be limited to Shiloh Drive
only.
In reviewing this proposal, staff and the commission should not only evaluate the minimum safety
standards for this particular business at this time. Rather, staff and the commission should
evaluate the long-term plan for the arterial roadway to determine how the road is intended to
function many years ahead. The commission and staff should determine whether this proposal
compromises the future integrity of this roadway, and whether the proposed access point when
combined with other access points, would result in a cumulative impact to the flow of vehicles
through this roadway or traffic safety. The proposed curb cut is in direct conflict with the intended
function of Mount Comfort Road to quickly and safely move large numbers of vehicles east-west
through this growing area of Fayetteville and surrounding areas. A large amount of tax-payer
money went into the design and re-construction of Mount Comfort Road over the last few years
to substantially expand and improve this road for the long term. This included a new traffic signal
adjacent to this site. This signal provides gaps in traffic and protected turning movements to make
the development of the subject property reasonable without access to Mount Comfort.
Subdivision Committee Meeting: The Subdivision Committee reviewed the original driveway
proposal on January 2, 2014 and recommended denial of the access management variances to
allow the three driveways as proposed on the previous plans. Commissioners agreed with staff
that the full access driveway on Mount Comfort would create traffic safety issues and that access
on Shiloh Drive should be reduced to one driveway.
The Commission and Planning staff asked the applicant representing Kum & Go if they would like
the project to move forward with recommendations based on the current design, or to table the
project and allow time to work on access management concerns with staff. The applicant
requested to move forward to the full Planning Commission as designed, including variances for
all three driveways. The applicant also noted at the Subdivision Committee meeting that they had
hired a traffic engineer and that the final report would be available prior to the Planning
Commission meeting. Staff received the report with revisions on January 6, 2014.
Traffic Report:The traffic data used for this study were gathered on December 20, 2013, five days
before Christmas and during Christmas break when no schools were in session, including the
University of Arkansas. In staff's opinion, the data collected does not accurately represent existing
traffic volumes and levels of service, and the resulting analysis is inaccurate. The traffic report
was not updated after the Planning Commission meeting on January 13, 2014.
Planning Commission
March 24,2014 3
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13-4568 Kum and Go
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Regardless, however, the traffic study(as is typically the case)focuses on traffic volume and level
of service. Particularly, what level of delay is created if this site is developed with a gasoline
convenience store with three driveways. Table 2 on page 12 of the traffic study illustrates this
point. The table lists the number of vehicles entering and existing the site (driveway volume)
during peak hour periods and the number of trips that are pass-by trips versus new trips created
by this development. From a pure volume perspective, the development produces an average of
77 new trips on adjacent streets between 7 and 9 a.m. However, from a perspective of safety,
this development creates a total of 75 new left-turns (a.m. peak) across Mount Comfort Road.
Recommendation: Staff recommends denial of LSD 13-4568 finding that the proposal does
not meet the requirements of the Access Management Ordinance and will create and compound
a dangerous traffic condition. The inclusion of an expanded center turn lane will significantly
reduce blocking of the inside travel lane during peak morning traffic, lane changes, congestion
and rear-end collisions. However, a driveway for a high traffic generating business, such as a
convenience store, will create congestion and potentially dangerous turning movements. The turn
lane will simply reduce these factors. In fact, the turn-lane won't solve or even reduce left-turns,
which are the highest proportion of crashes at access drives (47% ingress and 27% egress). As
noted in the traffic report, the convenience store will generate 75 new left-turns during peak
morning traffic across Mount Comfort. Further compounding dangerous turning movements will
be the use of the center lane for vehicles exiting the site and queuing to access Mount Comfort
while other vehicles attempt to use the turn lane for access into the site or Shiloh Drive.
An access management ordinance is adopted to not just reduce vehicle conflicts created by a
new development, but to prohibit those conflicts on the major thoroughfare and restrict
movements to a slower, lower volume street. Shiloh Drive is a much lower volume street with
slower traffic speeds, a dedicated center turn lane and access to a signal. To best preserve the
functionality and safety of Mount Comfort, access to this property should be limited to Shiloh Drive
only.
Pursuant to Fayetteville Unified Development Code 166.02(C)(2), the Planning Commission has
grounds to deny a large scale development for the following reason: (iv) The proposed
development would create or compound a dangerous traffic condition. For the purpose of this
section, a dangerous traffic condition shall be construed to mean a traffic condition in which the
risk of accidents involving motor vehicles is significant due to factors such as, but not limited to,
high traffic volume, topography, or the nature of the traffic pattern.
Should the Planning Commission chose to approve the project, staff recommends the following
conditions of approval:
Conditions of Approval:
1. Planning Commission determination of variances from Chapter 166.08(F), access
management and curb-cut separation.
a. Staff recommends that the Mount Comfort Road access be limited to a restricted
right-in/right-out design with final design approval from Engineering and Planning
staff.
b. Should the Planning Commission allow left-turn ingress from Mount Comfort Road,
the applicant shall extend the center turn lane as noted on the attached plans. This
shall include all road widening, reconstruction, utility relocation, striping, etc.,
necessary to provide adequate transition and stacking.
1. A variance of the Master Street Plan cross-section is required for the road
widening proposed by the applicant. As noted on the attached plans the
Planning Commission
March 24,2014 4
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greenspace between the curb and sidewalk and both sides of Mount
Comfort is reduced below 6 feet in some areas.
c. Staff recommends that the driveway on Shiloh Drive be approved as proposed,
located approximately 195 feet from Deane Solomon and 285 feet from Mount
Comfort.
d. Both of the driveways shall be placed within access easements that intersect at
the northwest property line. In addition, staff will require that language regarding
the access management ordinance be added to the associated Lot Split
plat/easement plat (LSP 13-4570) to limit access to this overall parcel in
accordance with the City Access Management Ordinance.
e. The applicant shall be responsible for the costs of materials and labor for a new
signal head to be installed on Mount Comfort Road (east bound), providing a
dedicated left-turn arrow. A cost estimate shall be submitted to the Engineering
and Transportation Divisions for review and approval and said funds shall be paid
prior to building permit approval.
f. The center turn lane on Shiloh Drive shall be striped to allow use by north bound
traffic accessing this site, as noted on the attached plans.
g. Street lights shall be installed at the street intersection and at a maximum
separation of 300 feet along the property boundary. All street lights shall be full
cut-off design.
2. Planning Commission determination of a variance request from Chapter 172.04(E),
Parking Lot Design Standards. Staff recommends in favor of the two variances on the west
and south sides of the building, finding that access for delivery and fuel truck vehicles and
the high volumes of movements directly in front of the store warrant wider aisles.
3. Planning Commission determination of Commercial. Office and Mixed Use Design and
Development Standards. Staff finds that the building meets the minimum requirements of
the design standards.
4. A wood board fence, as indicated on the submitted plans, shall be installed along the-west
and north property lines to screen the commercial building and parking/driveway areas
from the adjacent residential properties. Any portion of this may be removed for future
connectivity, or if future development warrants such change, with approval by the Planning
Division.
5. Monument style signs are the only permitted freestanding sign in the 1-540 Design Overlay
District (DOD). Electronic message boards are prohibited in the DOD. A sign permit shall
be approved prior to any sign installation.
6. All tree preservation, landscape, and fire department conditions included herein shall
apply. All revisions shall be addressed prior to construction plan approval.
Standard conditions of approval:
7. Impact fees for fire, police, water, and sewer shall be paid in accordance with City
ordinance.
8. If applicable, a business license shall be obtained prior to opening the business to the
public.
Planning Commission
March 24,2014 5
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9. Plat Review and Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility representatives: AR Western
Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
10. Staff approval of final detailed plans, specifications and calculations (where applicable)for
grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review process
was reviewed for general concept only. All public improvements are subject to additional
review and approval. All improvements shall comply with City's current requirements.
11. All 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.
12. All mechanical/utility equipment (roof and around 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
requirement.
13. Trash enclosures shall be screened on three sides with materials complimentary to and
compatible with the principle structure. Elevations of the proposed dumpster enclosure
shall be submitted to the Planning and Solid Waste Divisions for review prior to building
permit.
14. 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. Freestanding pole signs and electronic message boards
(direct lighting) are prohibited in the Design Overlay District.
15. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall
be located underground.
16. Large scale development shall be valid for one calendar year.
17. 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.
18. 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
Planning Commission
March 24,2014 6
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13-4568 Kum and Go
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completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy.
Planning Commission Action: ❑ Approved is Forwarded o Denied
Meeting Date: March 24, 2014
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None.
Attachments:
Staff comments, applicant's letter, site plans, color elevations, maps.
Planning Commission
March 24,2014 7
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13-4568 Kum and Go
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STAFF MEMOS
Planning Commission
March 24,2014
Agenda Item 3
13-4568 Kum and Go
Page 8 of 52
THE CITY OF FAYETTEVILLE,ARKANSAS
Fay etev�lle
ENGINEERING DIVISION
125 West Meunrain
Faye°evlllq M1q]2701
P6uno 19791'410.3e4a
APhA NS11
TO: Planning Commission Members
FROM: Glenn E.Newman,Jr.,P.E.,Staff Engineer
DATE: January 8,2014
SUBJECT: Access Management
Engineering staff was asked to evaluate the"safety"of allowing a direct driveway access to an
arterial street when the subject property has direct access to a side street with a signalized
intersection.
Left Turn Movements:
Left-tums are involved in a high proportion of crashes for access drives(47%ingress&27%
egress as seen below).Left tum maneuvers involve a heavier driver work load which increases
the decision making process and possible driver error. Therefore,minimizing left-turn
movements or reducing the driver work load can be effective in improving safety. This can be
accomplished at a signalized intersection with a protected left turn arrow. Currently, 100 feet east
of the proposed full access drive, a dedicated left tum stacking lane is available for eastbound
Mount Comfort traffic turning north onto Shiloh Drive.With the signalized intersection within
immediate proximity of this development,we recommend that the Mount Comfort Road full-
access point be denied for reasons stated above and that the sinial be upgraded to include.a
protected tell unto Shiloh Drive. A right-in,.right-out access would be supported in this location.
Percentage of Driveway Crashes by Movement
16%
27%
10°!0
47°!a
Source:Centerfor Urban Transporlation Research(Lisle Rock,AR)
Access onto Arterial Roadways:
The cumulative effect of commercial driveways onto a roadway decreases the volume capacity
�.:kiommunicatlons Device for the Dear TDD(479MI-1316 113 West Mrnmtain-Fayetteville,AP 72701
January 13,2014
Planning Commission
LSIIRIM14i6ggl$W"s� lnn
Agenda ItAIaIRh 24,2014
Page 7 of Agenda Item 3
13-4568 Kum and Go
Page 9 of 52
THE CITY OF FAYETTEVILLE,ARKANSAS
������
ENGINEERING OM510N
Zaye
125 West Mountain
Fayetteville,AH 72]01
Phone (179)444-3443
ARM1a N5A5
and increases accidents on the thoroughfare. The lack of adequate access management and the
proliferation of driveways is the greatest single factor behind the functional deterioration of
arterial roadways. The arterial's primary purpose is to facilitate the movement of traffic,not
access. The City of Fayetteville's Access Management Code embodies these principles. With the
anticipation of futnre ticygigpinom in the area and increased traffic vohlme,we recommend that a
single,full-access drive from Shiloh Drivebe used as the xinlaly access to the site rather[Ilan a
full access from Mount Comfort Road.Full access from Mount Comfort Road would contribute
to decreasing the capacity of the arterial with another driveway when adequate safe access is
readily available from Shiloh Drive.
Traffic Study Provided:
The traffic report by Peters&Associates dated 1/3/14 was submitted by the applicant as a
justification for the proposed access points.This report only includes trip generation numbers
and a level of service analysis for the proposed access points as well as the intersection of Mount
Comfort Road and Shiloh Drive. Levels of service in this area are shown in the report as very
favorable both before and after this development.This result is expected since street widening
and re-alignment was just completed in 2010 to build capacity for future traffic loads.
Additionally,traffic counts for the report were taken on a single day—the Friday before
Christmas,when the university and public schools were closed and it is our opinion that these
traffic counts are not a representative sample
Most ilnportalltly,the report does NOT uq antilatiyelyassess the safety of the proposed drives.
but situ 1 provides a blanket safctv_statemcnl.This is the print•Try t,asnn the Guxineeri lg
department does not support the current au:ess drives desigri. For all the reasons stated here,the
Gnaincering clenar[ment does not support fill[-access onto Mount mfor[Road and two'curb
cuts onto Shiloh Drive Re-design of the drives is recommended.
Telecommunications Device for the Deaf TDD(4791521-1315 113 West Mountahl-Fayetteville,AR 72701
January 13,2014
Planning Commission
LSE110*985QR1a8oGion
Agenda IWargh 24,2014
Page 8 of ff(tjenda Item 3
13-4568 Kum and Go
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CITY OF
ay evi le
ARKANSAS
March 19, 2014
To: Jesse Fulcher, Senior Planner
From: Corey Granderson
Staff Engineer
Re: Plat Review Comments
Development: LSD 13-4568 Kum & Go @ Mount Comfort Road& Shiloh Drive
Engineer: CEI Engineering
Standard Comments:
1. All designs are subject to the City's latest design criteria(water, sewer, streets and drainage). Review
for plat approval is not approval of public improvements, and all proposed improvements are subject to
further review at the time construction plans are submitted.
2. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based
on the proposed meter size and will be charged at the time of meter set.
3. Prior to engineering approval of the building permit, either the required public improvements must be
installed and accepted, or performance bonds in the amount of 150% of the construction cost for all
public improvements must be submitted, accompanied by a unit price estimate approved by the
Engineering Division.
Plan Comments:
1. With the proposed widening of Mount Comfort Road to include a center turn lane, access to Mount
Comfort Road is recommended to be one (1) unrestricted ingress lane, and one (1)Right-Out only lane.
This configuration will prevent left-turn exits onto Mount Comfort Road, which is the most dangerous
turning movement associated with this development.
2. An additional signalization head should be installed at the Mount Comfort/Shiloh intersection to provide
a protected left turn onto Shiloh Drive when travelling eastbound on Mount Comfort Road. Currently
there is just a stacking lane with a green circular yield light.
Drainage Report Comments:
1. The feasibility of proposed treatment methods in underground detention has been demonstrated.
Functionality will be reviewed and addressed at construction level.
2. It appears that the downstream storm drain network will have adequate capacity to accept and convey
the 100-yr outflow from your underground detention according to your calculations. Since the 100-yr
hydraulic grade line was not calculated for the tie-in point, it is solely the engineer of record's
responsibility to certify that this design will not cause flooding or damage to private property.
Mailing Address: ENGINEERING
113 W. Mountain Street lanadetailllmarmov
Fayetteville, AR 72701
March 24,2014
Agenda Item 3
13-4568 Kum and Go
Page 11 of 52
Standard Construction Comments:
1. The engineer of record shall provide "Full Time" inspection for utilities and "Part Time" inspection for
the storm drainage and roadway construction for this project. The engineer of record shall also review
and approve material submittals(approved submittals shall be submitted to the City for concurrence before
material is ordered)—weekly inspection reports should be submitted to the City of Fayetteville's public
works inspector.
2. 2012 Standard Water & Sanitary Sewer Specifications &Details apply. (Document available at
www.accessfayetteville.org/government/engineering)
3. Demolition shall not begin until the appropriate erosion control measures and required tree preservation
fencing are installed.
4. Prior to obtaining a Certificate of Occupancy, or Temporary Certificate of Occupancy, the following
items must be performed or provided to the satisfaction of the Engineering Department:
o The work shown on the civil site package must be complete and the items on the final punch list
completed.
o Vegetation must be established in accordance with Section 169.06 of the UDC and perimeter
controls removed.
o One (1) set of as-built drawings of the complete project (excluding details) as a hard copy and in Tiff
or PDF format;
• Public infrastructure and services shall be surveyed after installation in relation to easements,
property lines, and rights-of-way.
• Professional surveyor shall provide stamp drawings specifically identifying the limits of as-
built survey performed.
• More than 2 ft deviation of design alignment shall require new easement dedication or
adjustment of the utility/storm drain.
o Unit price construction costs and a single 2 year maintenance bonds in the amount of 25% of the
public improvements have been provided to the city;
o Certification that the streets, sidewalk, storm sewer, water, fire line, and sewer lines, etc., were
installed per approved plans and City of Fayetteville requirements;
o Certification that the designed retaining walls were installed per approved plans and City of
Fayetteville requirements;
o Cross Sections, Volume Calculations, and Certification Retention/Detention Ponds are in accordance
with the approved Drainage Report.
o Surveyor's Certification of Compliance for monuments and property pins.
o The As- Built Final Drainage Report in PDF format.
Mailing Address: ENGINEERING
113 W. Mountain Street ww.fanyetteville-ar.cgov
Fayetteville, AR 71701lan ing Commissi n
March 24,2014
Agenda Item 3
13-4568 Kum and Go
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