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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 Agenda Item 3 13-4568 Kum and Go Page 2 of 52 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 Agenda Item 3 13-4568 Kum and Go Page 3 of 52 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 Agenda Item 3 13-4568 Kum and Go Page 4 of 52 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 Agenda Item 3 13-4568 Kum and Go Page 5 of 52 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 Agenda Item 3 13-4568 Kum and Go Page 6 of 52 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 Agenda Item 3 13-4568 Kum and Go Page 7 of 52 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 Page 10 of 52 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 Page 12 of 52