HomeMy WebLinkAbout2009-04-13 - Agendas - Final lile a e ev
ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,April 13,2009, 5:30 p.m.
Room 219,City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chair
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Questions&Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. Please keep
your comments brief,to the point, and relevant to the agenda item being considered so that everyone
has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning
Commission.
2009 Planning Commissioners
Sean Trumbo
Matthew Cabe James Graves
Porter Winston Andy Lack
Christine Myres Jeremy Kennedy
James Zant Craig Honchell
•
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ARKANSAS
The City of Fayetteville, Arkansas
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,April 13,2009,5:30 p.m.
Room 219,City Administration Building
The following items will be considered:
Consent Agenda:
1.Approval of the minutes from the Monday,March 23,2009 meeting.
Old Business:
2. ADM 09- 3250: (RUSKIN HEIGHTS SIDEWALK AND CURB FINISH VARIANCE): Submitted by
Ruskin Heights, LLC for the Ruskin Heights R-PZD located on the south side of Mission Boulevard, west of
Crossover Road. The request is for a variance of the minimum street design standards to permit a smooth,
exposed aggregate finish for the curb,gutter,and sidewalk,when the standards require a broom finish.
Planner: Andrew Garner
New Business:
3. LSP 09-3225: Lot Split (MURPHY OIL USA, INC., 440): Submitted by CEI ENGINEERING
ASSOCIATES, INC. for property located at 3189 WEDINGTON DRIVE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.37 acres. The request is to divide the
subject property into two tracts of 1.07 and 0.30 acres. Planner:Andrew Garner
4. LSD 09-3226: Large Scale Development (MURPHY OIL USA, INC., 440): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 3189 WEDINGTON DRIVE. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.37 acres. The request is for a
1,200 s.f.fueling station with associated structures. Planner: Andrew Garner
5. CUP 09-3244: (BETTY WARD / HAMESTRING RD., 395): Submitted by WILLIAM JENKINS for
property located at 1048 HAMESTRING ROAD. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 25.75 acres. The request is for a tandem lot.
Planner: Dara Sanders
6.ADM 09-3249: (UDC AMENDMENT: SUPPLEMENTARY ZONING REGULATIONS):The request is
to amend Chapter 164,Supplementary Zoning Regulations of the Unified Development Code to include setback
and height regulations for accessory structures. Planner:Jesse Fulcher
7. ADM 09-3235: (UDC AMENDMENT:ANIMAL BOARDING): The request is to amend Chapters 151,
161, and 162 of the Unified Development Code in order to classify and define animal daycare, animal boarding,
and kennels, and to permit these uses in certain situations in commercial, industrial, and residential-agricultural
zoning districts. Planner: Andrew Garner
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments 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 aro invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72
hour notice is required. For further information or to request an interpreter,please call 575-8330.
PC Meeting of April 13, 2009
ARKANSAS
QQQ 125 W. Mountain St.
THE CITY OF FAYETTEVILLE,ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: April 8, 2009
ADM 09-3250(Ruskin Heights Sidewalk and Curb Finish Variance,370).Submitted by Ruskin
Heights,LLC for the Ruskin Heights R-PZD located on the south side of Mission Boulevard,west of
Crossover Road. The request is for a variance of the minimum street design standards to permit a
smooth, exposed aggregate finish for the curb, gutter, and sidewalk, when the standards require a
broom finish. Planner: Andrew Gamer
Findings:
March 23, 2009 Planning Commission: This item was tabled at the March 23, 2009 Planning
Commission meeting.Information retiuested by the Planning Commission at that meeting included
data comparing the friction/traction and lifespan of the proposed sidewalk/curb finish to a standard
broom finish, and data discussing the pumose for a broom finished sidewalk and curb. Additional
information has been provided by the applicant and City staff and has been included in the Planning
Commission packets. Staff s recommendation has not changed from the March 23rd meeting,
Background:The Ruskin Heights R-PZD 06-2299 is located on the south side of Mission Boulevard,
west of Crossover Road. This project was approved by the Fayetteville City Council on March 20,
2007.The developer is in the process of developing the first phase of the project and has constructed
much of the infrastructure required for final plat.
Proposal The applicant is requesting a variance of the City's requirements for a broom finish for
curb,gutter, and sidewalk construction. The applicant proposes to pressure wash the surface of the
concrete instead of a broom finish,to create a smooth,exposed aggregate finish for the curb,gutter,
and sidewalk. The applicant's letter states that the proposed finish will have a more traditional
appearance.
Discussion: The curb and gutter for the entire development has already been constructed with the
proposed finish.Early on during the construction,the contractor and the developer were notified by
the Engineering Division that the finish did not meet the City's criteria and they were instructed not
to continue.The developer continued this construction method against the instructions of City staff.
Staff has concerns with the proposed finish because the layer of cement on top of the concrete has
been removed by the pressure washing. Staff s opinion is that this top layer of cement provides
protection for the concrete from natural elements,and with that layer being removed the life of the
concrete is severely shortened.Additionally,a pressure washed finish on the sidewalk will result in a
K.IREPOR7SCOOAPC REPOR7S110-APRIL 131ADM09-3250(RUS1QNHGH7SCUR8SWVARIANCE).D0C
April 13,2009
Planning Commission
ADM 09-3250 Ruskin Heights Sidewalk/Curb Var
Agenda Item 2
Page 1 of 10
smoother sidewalk that is less safe for pedestrians than a broom finished sidewalk that provides
better traction. A memo from the City Engineering Division is attached and describes the issues in
detail.
Staff has the following recommendations for ADM 09-3250 (Ruskin Heights Curb and
Sidewalk Variance):
Curb and Gutter Recommendation: Staff recommends approval the variance to permit a pressure
washed finish on the curb and gutter with the following condition:
1. Planning Commission determination of a variance from Fayetteville Unified
Development Code Section 171.01(A)to permit a pressure washed finish on curb and
gutter,as opposed to a broom finish.Staffrecommends in favor ofthis variance with the
condition that a 20 year maintenance bond for the replacement value of the curb and
gutter be provided prior to final plat recordation.
Sidewalk Recommendation: Staffrecommends denial of the variance to permit a pressure washed
finish on public sidewalks:
2. Planning Commission determination of a variance from the Fayetteville Unified
Development Code Section 171.13(A)(16)to permit a pressure washed finish on public
sidewalk,as opposed to a broom finish.Staffrecommends denial, because the proposed
finish is considerably smoother than the standard broom finish. With the steepness ofthe
development, changing the texture ofthe pedestrian sidewalk to a smootherfinish could
increase the likelihood of slips and falls.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: March 23,2009
Comments:
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
K.,IREPORM0091PCREPOR7'St10-APR/L 1314DM09-3250(RUSK/NHGHTSCURBSNNARIANCE).DOC
April 13,2009
Planning Commission
ADM 09-3250 Ruskin Heights Sidewalk/Curb Var
Agenda Item 2
Page 2 of 10
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8206
ENGINEERING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Matt Casey P.E., Assistant City Engineer
DATE: March 17, 2009
SUBJECT: Ruskin Heights Concrete Finish Waiver Request
Ruskin Heights LLC,the developer of Ruskin Heights,has submitted a letter to the City requesting a
waiver of the City's requirements for curb and gutter and sidewalk construction. The developer is
requesting to pressure wash the surface of the concrete to create a smooth,exposed aggregate finish
for both the curb and gutter and the sidewalk.
The curb and gutter for the entire development has already been constructed with the proposed
finish. Early on during the construction, the contractor and the developer were notified by the
Engineering Division that the finish did not meet the City's criteria and they were instructed not to
continue. The developer continued this construction method against the instructions by the City
staff.
On August 6, 1996, the Fayetteville City Council passed a resolution(!#94-96) adopting the current
version of the Minimum Street Standards. In these standards, Section 4-6 states that all curb and
gutter shall be Portland Cement concrete meeting the requirements of Arkansas Highway and
Transportation Division standard specifications. Section 802.19 of the AHTD specs calls for either
a browned finish or a rubbed finish for the construction of curb and gutter. A rubbed finish is
seldom used in this area. The finish that is generally used and widely accepted is the broomed finish.
With this finish,after the concrete has been placed and smooth, a coarse broom is rubbed across the
concrete to roughen the fine layer of cement that coats the concrete. This finish provides a texture to
the concrete that has sufficient traction for both pedestrians and vehicular traffic.
The concern that the Engineering staff has with the proposed finish is that the layer of cement on top
of the concrete has been removed. It is our opinion that this layer provides protection for the
concrete from natural elements such as rain,snow,and temperature extremes. It is true that over the
coarse of many years this layer is gradually worn away an no longer offers protection. At that point,
the concrete becomes more susceptible to wear and deterioration. With that layer being removed at
the beginning of construction, we feel that the life of this concrete has been severely shortened.
Engineering staff recommends that the curb and gutter either be removed and replaced with proper
Ruskin Heights Page I of 2
April 13,2009
Planning Commission
ADM 09-3250 Ruskin Heights Sidewalk/Curb Var
Agenda Item 2 -
Page 3 of 10
construction methods,or a maintenance bond be submitted with the City for the replacement value of
the curb for a term of 20-years.
The developer is also requesting that a waiver be granted allowing this same pressure washed,
exposed aggregate finish to be used for all of the public sidewalks in the development. Section
171.13(A)(16)of the City of Fayetteville Unified Development Code states that the material used for
sidewalk construction shall be Portland Cement Concrete having a broom finish. In addition, the
AHTD specifications also call for a broom finish for sidewalk construction. In addition to the
concerns stated for the curb and gutter,the traction issue for the sidewalks is critical. The proposed
finish is considerably smoother than the standard broom finish. With the steepness of the
development,changing the texture of the pedestrian sidewalk to a smoother finish could increase the
likelihood of slips and falls. In chapter 4 of the United States Department of Transportation
sponsored publication, "Designing Sidewalks and Trails for Access," it states "A broom finish
should be used on concrete sidewalks to increase the slip resistance for pedestrians. Decorative
paints and surfaces,such as polished stones or exposed aggregate rock,are not as slip resistant and
should be avoided." For these reasons, the Engineering Division recommends that this waiver
request not be approved and that the sidewalks be constructed with a broom finish.
Ruskin Heights Page 2 of 2
April 13,2009 -
Planning Commission
ADM 09-3250 Ruskin Heights Sidewalk/Curb Var
Agenda Item 2
Page 4 of 10
,
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March 5,2009
Mr. Jeremy Pate
Director of Current Planning
City of Fayetteville Planning Department
125 W Mountain St
Fayetteville,AR 72701
RE: Ruskin Heights PZD Condition of Approval 1a
Mr.Pate:
Ruskin Heights LLC, requests a waiver from the requirement of a broom finished concrete curb and
sidewalk at Ruskin Heights PZD. It is our intent at Ruskin Heights to create streets that have a
more traditional appearance.
As an alternative to the broom finished concrete curb and sidewalk, we propose to pressure wash
the surface of the concrete 24 hours after placement.This wash is intended to remove the white
limestone color from the concrete surface, leaving us with a darker grey finish with some slightly
exposed aggregate. The alternative finish will not change the integrity, strength or traction of the
concrete and will still allow the curb and sidewalk to function properly. Furthermore, the alternative
finish does not compromise the PSI of the concrete and we are providing copies of the cylinder
compression tests that meet or exceed the required PSI for curb.
Thank you for considering our proposal.
Sincerely,
Morgan Hooker
Ruskin Heights, LLC
RUSKIN HEIGHTS
2013 EAST MISSION BLVD-FAYETTEV ILLE-AR-A7pWW 2009
TELEPHONE 479.521.0040-RUSKIN-HEIGHTSXNWing Commission
ADM 09-3250 Ruskin Heights Sidewalk/Curb Var
Agenda Item 2
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Agenda Item
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Agenda Item 2
Page 10 of 10
Tay�et
1 PC Meeting of April 13, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Subdivision Committee
FROM: Andrew Garner, Senior Planner
Glenn Newman, Staff Engineer
THRU: Jeremy Pate,Director of Current Planning
DATE: April 7, 2009
LSP 09-3225: (MURPHY OIL USA, INC., 440): Submitted by CEI ENGINEERING ASSOCIATES,
INC. for property located at 3189 WEDINGTON DRIVE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.37 acres. The request is to divide the
subject property into two tracts of 1.07 and 0.30 acres. Planner: Andrew Garner
Findings:
Property: The subject property contains 1.37 acres and is located at the southeast comer of Wedington
Drive and Marvin Avenue. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Mixed Commercial/Retail C-2
South Multi-Family Residential RMF-24
East IHOP Restaurant C-2
West Boar's Nest BBQ; Multi-Family Residential C-1; RMF-24
Request: The applicant requests to subdivide the 1.37-acre tract into Tracts I and 2 of 1.07 and 030 acres
respectively,with associated right-of-way dedication for Wedington Drive.
Right-of-way dedication: 48.5' from centerline right-of-way for Wedington Drive. Additional right-
of-way for Marvin Avenue is not needed.
Water/Sewer: The applicant is requesting a variance to allow for the creation of a new lot, Tract 1,
without access to public sewer service.
Recommendation: Staff recommends approval of LSP 09-3225 with the following conditions:
Conditions of Approval:
I. Planning Commission determination of a variance of Fayetteville Unified Development Code
Section 166.03(1) to permit recordation of the lot split prior to extension of public sewer line to
Tract 1.Staff recommends in favor of this variance request with the condition that a guarantee in
the amount of 150% the cost for the sewer extension, as reviewed and approved by the City
Engineering Division, be issued to the City prior to lot split recordation.
SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS VARIANCE.(03-12-09)
April 13,2009
K.IReporis120091PCReporis110-April L31LSP 09-3225(MurphyOfl).doc Planning Commission
LSP 09-3225 Murphy Oil USA
Agenda Item 3
Page.1 of 6
2. The applicant shall dedicate right-of-way in the minimum amount of 48.5' from centerline along
Wedington Drive. As this is a state highway, this shall be dedicated by a separate warranty deed
and referenced on the plat as being dedicated by a separate document. Submit a warranty deed for
review.
3. Revise the plats to address the following comments prior to recordation:
a. Eliminate all signature blocks on the plat except for the City dedication signature block
(attached).
b. Revise the plat to indicate that the right-of-way along Wedington is to be dedicated by
separate document. Submit a warranty deed for this right-of-way dedication to Planning
Division for review.
4. This lot split and the easement plat required for LSD 09-3226 (Murphy Oil) may be combined
onto one plat for ease of recordation. If the applicant desires to go with this option please discuss
the plat requirements with Planning staff.
5. A curb cut on proposed Tract 2 will be reviewed for compliance with City ordinance at the time
of development.
Standard Conditions:
6. Impact fees for water, sewer,police and fire shall be paid in accordance with City ordinance.
7. Submit a copy of the revised lot split plat for Planning Division review prior to recordation.
8. _Plat Review and Subdivision comments (to include written staff comments provided to the
applicant orchis representative, and all comments from utility representatives - AR Western Gas,
SWBT,Ozarks, SWEPCO, Cox Communications).
9. This lot split must be filed of record within one year from the date of approval or the approval is
rendered null and void.
Additional Conditions:
Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Meeting Date: April 13,2009
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception by
the entity requesting approval of this development item.
Signature Date
April 2009
K.IReporis2009WCReports110-Apri113USP 09-3125(Murphy0il).doc Planning Commission
LSP 09-3225 Murphy Oil USA
Agenda Item 3
Page 2 of 6
ENGINEERS N SURVEYORS 0 PLANNERS
LANDSCAPE ARCHITECTS M ENVIRONMENTAL SCIENTISTS
3317 S.W."I"Street
Bentonville,AR 72712
479.273.9472 Fax 479.273.0844
February 27, 2009
DISTRIBUTION:
THL)DMT/File
City of Fayetteville Planning Commission
113 West Mountain
Fayetteville, AR 72701
(479)575-8267
Re: Murphy Express Fueling Station—Sanitary Sewer Waiver Request
3189 Wedington Drive
Fayetteville,Arkansas
CEI Project No.25754.0
LSP 09-3225(Plat)
To Fayetteville Planning Commission:
This is a formal request for a waiver of the Fayetteville Code of Ordinance Chapter 166.02 Plat
Requirement. The said ordinance requires that lots to be served by sanitary sewer service (sewer line
constructed)before the plat can be recorded at the courthouse.
CEI respectfully request that the Planning Commission consider allowing the construction of the sewer line
be tied to Murphy Fuel Large Scale Development 09-3226 Plans that are being reviewed concurrently with
the plat, thus, allowing the recordation of the plat before the sewer line is completed. The estimated
construction start of the project is immediately after final approval is granted.
The reason CET is requesting this waiver is due to construction logistic and safety concerns. Murphy Oil
would like to ensure that the recordation of the plat does not affect the construction sequence of the project.
With the sewer line construction tied to the Large Scale Development 09-3226 Plans instead of the plat all
constructions can be done at the same time and in sequence that will minimize construction days, thus,
minimizing potential construction hazard to the public. If the sewer line completion is tied to the plat
recordation, there is a potential that the plat recordation date may need to be push up for various
internal/external reasons, thus, requiring the completion of the sewer line immediately and upsetting the
most efficient sequence of the construction and prolong construction timeline and potential public hazard.
We appreciate your consideration in this matter, and if you have questions or concerns, please do not
hesitate to call.
Respectfully submitted,
Paul Lo,PE
Provkfing Car"Soff-dated Laid opV--lopment senices
AP,;ZVIIA TEXA3 H ARKANSAS A WNNESO-FA M --PORCIA 0 PENNSYLVANIA c FLORMIA� IpriI13,2009
Planning Commission
LSP 09-3225 Murphy Oil USA
Agenda Item 3
Page 3 of 6
ENGINEERS ■ SURVEYORS ■ PLANNERS
LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS
3317 S.W.1"Street
Bentonville,AR 72712
479.273.9472 Fax 479.273.0844
March 2,2009
DISTRIBUTION:
City of Fayetteville Planning Commission THL/DMT/File
113 West Mountain
Fayetteville, AR 72701
(479) 575-8267
Re: Murphy Express Fueling Station—Letter of Scope and Intent
3189 Wedington Drive
Fayetteville, Arkansas
CEI Project No. 25754.0
LSD 09-3225(Plat for Lot Split)
To Fayetteville Planning Commission:
This site is located at 3189 Wedington Drive in Fayetteville, AR. The site is currently an existing carwash
with six self service wash bays, one automatic wash bay and three self service vacuum bays. We are
proposing to replat the property to create two separate tracks — 1.07 ac and 0.30 ac. The bigger track will
front Wedington Drive and the smaller track will be behind the bigger track away from Wedington Drive.
On the bigger track fronting Wedington Drive CEI is proposing a Murphy Express Fueling Station with a
1200 S.F. Building, 8 gasoline dispensers and two diesel dispensers. This site will provide retail services for
petroleum products, beverages and tobacco products. This station will be a walk in convenience store for
the customers. This site will have two, twenty thousand gallon underground storage tanks containing three
grades of gasoline and diesel. We are proposing a curbcut on Wedington Drive and Marvin Avenue. The
existing carwash has three curbcuts currently on this site. It has two curbcuts onto Wedington Drive and one
curbut onto Marvin Avenue. We are eliminating the northwest drive onto Wedington that is currently in
place at this time. We are increasing the green space by 18.29%. We are also adding trees to the site. This
development will create employment for approximately twelve people.
At this moment there is no concrete plan for the smaller track yet. This track will be developed in the future
with a permissible use with Planning Commission approval.
We appreciate your consideration in this matter, and if you have questions or concerns, please do not
hesitate to call me at 479-273-9472.
Re ully submitted,
1
Paul Lo, PE
April 13,2009
Planning Commission
LSP 09-3225 Murphy Oil USA
Agenda Item 3
Page 4 of 6
LSP09-3225 MURPHY OIL USA, INC.
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LSP 09-3225 Murphy Oil USA
Agenda Item 3
Page 5 of 6
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A ril 13 2009
Planning Commission
LSP 09-3225 Murphy Oil USA
Agenda Item 3
Page 6 of 6
TayeV
Meeting of April 13, 2009
xnNsns
THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St.
FayetPLANNING DIVISION CORRESPONDENCE Telephone:
(479le, 57 72701
Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April 7, 2009
LSD 09-3226: Large Scale Development (MURPHY OIL USA, INC., 440): Submitted by
CEI ENGINEERING ASSOCIATES, INC. for property located at 3189 WEDINGTON DRIVE.
The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately
1.07 acres. The request is for a 1,200 square foot fueling station with associated structures.
Planner: Andrew Garner
Findings:
March 12, 2009 Subdivision Committee: This item was forwarded from the Subdivision
Committee to the full Planning Commission because of several variance requests including the
request for a curb cut onto Wedinpton,variances from the distance between curb cuts distances
between curb cut and an intersection and excess narking lot drive aisle widths. The Subdivision
Committee had no formal recommendation regarding the curb cut onto Wedington and
recommended in favor of other variances.
Property & Proposal: The subject property is located at 3189 Wedington Drive, at the southeast
corner of Wedington Drive and Marvin Avenue and within the I-540 Design Overlay District.
The parent tract is 1.37 acres and is in the process of being subdivided into tracts of 1.07 and
0.30 acres. This subject 1.07-acre tract contains a car wash and is zoned C-2,. Thoroughfare
Commercial. The applicant is proposing to construct a new gas station with a 1,200'square foot
retail store. The property is proposed to be accessed from Wedington Drive and Marvin Avenue.
Surrounding land use and zoning is listed in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Mixed Commercial/Retail C-2
South Multi-Family Residential RMF-24
East IHOP Restaurant C-2
West Boar's Nest BBQ; Multi-Family Residential C-1; RMF-24
April 13,2009
K.IReporfs12009TC ReportsUOApri1131LSD 09-3226(MurphyOr).doc . - Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 1 of 46
Right-of-way being dedicated: 48.5' from centerline right-of-way for Wedington Drive.
Additional right-of-way for Marvin Avenue is not needed.
Adjacent Master Street Plan Streets: Wedington Drive (Principal Arterial); Marvin Avenue
(Local Street).
Water/Sewer: Water is available to the proposed structure; sewer will be required to be extended
to the gas station site at the time of development.
Tree Preservation: Existing Tree Canopy: 5.5%
Tree Canopy Preserved: 0%
Required Tree Canopy: 5.5%
Mitigation: six (6) 2-inch caliper trees
Curb Cut Variance Request: The applicant requests variances of the City's Access Management
and I-540 Design Overlay District ordinances listed below to permit the proposed curb cut onto
Wedington Drive. The applicant proposes a new curb cut in the northeast corner of their site,
approximately 200 feet from the Wedington/Marvin intersection, and 235 feet from the adjacent
curb cut for the IHOP Restaurant/Car.Wash to the east. The proposed curb cut does not meet the
minimum 250-foot separation from an intersection or curb cut required in both the Access
Management and Design Overlay District ordinances. The plans were revised after Subdivision
Committee by moving the proposed curb cut onto Wedington to the east to be shared with IHOP,
and to provide for cross access with IHOP. As part of these revisions, four spaces on the IHOP
site have been removed and relocated to the Murphy Oil site. The curb cut is nroposed to be a
full access in, right-out only. As part of the revisions submitted for Planning Commission; a
traffic study was submitted that analyzed the safety of the proposed curb cut. Thee traffic study
discussed concerns with conflicting turning movements in this area. 'including left tum
movements onto and off of-Wedinoon. The results section of the traffic study have been
attached to this report: and a recommendation from the City Engineering Department has also
been attached. The Fayetteville Police Department also provided vehicular accident reports along
this stretch of Wedington and confirmed 57 reported accidents on Wedin-ton between Steamboat
and Marvin during the years 2006-2008. This is high number of accident reports when compared
to other busy streets in the City.
Access Management: Fayetteville Unified Development Code (UDC) Section
166.08(F)(1)(a) Access Management states that on a Principal Arterial Street, where a
street with a lower functional classification exists that can be accessed, curb cuts shall
access onto those streets. When necessary, curb cuts along arterial streets shall be shared
between two or more lots. Where a curb cut must access the arterial street, it shall be
located a minimum of 250 feet from the centerline of an intersection.
I-540 Design Overlay District: Fayetteville UDC Section 161.28(D)(3) I-540 Design
Overlay District states that no curb cuts shall be allowed within 250 feet from an
intersection.
Public Comment: No public comment has been received.
April 13,2009
K:IReports120091PCReports110-Apri1131LSD 09-3226(Murphy0il).doc Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 2 of 46
Recommendation: Staff recommends approval of LSD 09-3226 with the following conditions
of approval:
Conditions of Approval:
1. Planning Commission determination of a variance of Unified Development Code Section
166.08(F)(1)(a) Access Management and 161.28(D)(3) I-540 Design Overlay District
Curb Cuts, to permit the curb cut on Wedington Drive. The applicant's variance request
letter discusses that they are improving the current conditions of the site by eliminating
one of the existing curb cuts on Wedington and that the curb cut is needed for a truck
transport route to fuel the underground storage tanks. Stafffinds that providing cross
access and a shared curb cut with IHOP generally meet the intent of the City's Access
Management and I-540 Design Overlay District ordinances, with the condition that the
curb cut be limited to a right-in, right-out only. After review of the traffic study and
accident reports from the Fayetteville Police Department, staff finds that full access into
the site would exacerbate a dangerous traffic condition due to conflicting left turning
movements with Tahoe Place on the north side of Wedington. The new gas station would
add 2,604 average daily trips to a busy principal arterial state highway, a substantial
increase in vehicular trips over the existing car wash and an increase in the potential for
vehicular accidents. Therefore, staff disagrees with the applicant's statement that simply
removing one of the existing curb cuts is improving the situation, as the number of users
of the site is anticipated to greatly increase. Additionally, the applicant provided staff
with a truck turning diagram showing that tanker trucks can feasibly access the site off of -
Marvin, and do not need direct access from Wedington.
The ,Fayetteville Police Department reported 57 vehicular accidents on ;Wedington
between.Marvin and Steamboat during the years 2006-2008. In the opinion of the
Fayetteville Police Department, this is a very high number of accidents, along a short
stretch of roadway. This data combined with the traffic study and staff's site visits
indicatea busy principal arterial with a high number of accidents in this vicinity due to
Multiple and other uncoordinated turning movement. This confirms staffs
recommendation that direct access onto Wedington should be controlled to a right-in,
right-out only to limit the potential for conflicting vehicular turning movements. Further,
staff recommends that as a condition of the curb cut variance, large tanker trucks shall
access the site off of Marvin via a controlled traffic signal at Shiloh as shown on the
submitted truck route diagram. This would avoid large tanker trucks turning left off of
Wedington into the site.
a. The curb cut onto Wedington shall be re-designed as a right-in, right-out only
with appropriate pavement markings and signs, the design to be reviewed in
detail at the time of construction in compliance with state and city regulations.
b. To avoid a left turn off of Wedington into the site, gas station delivery trucks shall
access the site off of Marvin via the controlled traffic signal at Shiloh, as
indicated in the attached truck turning diagram.
THE SUBDIVISION COMMITTEE HAD NO RECOMMENDATION ON THE CURB CUT,PENDING
RESULTS OF THE UPCOMING TRAFFIC STUDY. THEY DID DISCUSS THAT IN CONCEPT IT
SOUNDED LIKE ELIMINATING THE CURB CUT ON WEDINGTON WAS NOT FEASIBLE FOR
THIS BUSINESS DUE TO THE LARGE GAS TANKER TRUCKS. THEY DISCUSSED THAT A
April 13,2009
K.IReports120091PCReports110-April]31LSD 09-3226(Murphy0d).doc Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 3 of 46
SHARED CURB CUT WITH IHOP TO THE EAST SOUNDED LIKE A GOOD OPTION,AND THAT
EVEN IF A SHARED CURB CUT IS NOT AN OPTION A CURB CUT ON WEDINGTON SOUNDED
REASONABLE,PENDING THE.RESULTS OF THE TRAFFIC STUDY.(03-12-09)
2. Planning Commission determination of a variance of Fayetteville Unified Development
Code Section 172.04 (C) to allow for 30-foot wide parking lot drive aisles on the south
and east sides of the parking lot when a maximum of 24-feet is allowed. The applicant
has indicated that the variance is needed to provide adequate driving surface for large
delivery trucks to maneuver through the parking lot and has submitted a truck turning
diagram. Staff finds in favor of this waiver given the nature of the proposed use and
given that the development will retain 41.3% greenspace, well in excess of the 25%
required and an increase over the existing condition that is 13.5%greenspace.
THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR.(03-12-09)
3. Planning Commission determination of a variance of Fayetteville Unified Development
Code Section 177(D)(1) to allow four parking spaces along the eastern property line,
when five-foot greenspace is required. With the revisions for Planning Commission, the
applicant has provided for a shared driveway and cross access with IHOP adjacent to the
east, and as a result four parking spaces have been relocated from the IHOP-site along the
eastern property line of the Murphy Oil site. Staff finds in favor of this variance given
that,cross access and a shared curb cut are proposed, and given that -the overall
development will provide for 41.3% greenspace, well in excess of the 25% required and
an increase in over the existing condition that is 13.5%greenspace.
THISVARIANCE WAS NOT DISCUSSED OR REQUESTED AT THE SUBDIVISIONiCOMMITTEE
(03-12-09).
4. Planning Commission determination of Commercial Design Standards. Staff finds that
the proposed structure meets commercial design standards.
THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR.(03-12-09) _.
5. Planning Commission determination of street improvements. Wedington Drive and
Marvin Avenue are improved with sidewalk, staff therefore recommends minimal
improvements including repair and/or replace all broken public sidewalks and
reconstruction of the 4D4 ramps at the intersection of Wedington and Marvin.
THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR.(03-12-09)
6. Should the lot split (LSP 09-3225 Murphy Oil) not be recorded prior to issuance of
construction permits for this development, a buffer shall be provided along the southern
property line in accordance with City ordinance requirements for a buffer between
commercial and residential properties.
7. Large scale development approval does not assure sign permit approval. All proposed
signs shall be permitted separately from the large scale development proposal by a Sign
Permit application and Certificate of Zoning Compliance. The only permitted
freestanding sign shall be a monument sign.
April 13,2009
K:IReportsl20091PC Reporis110-Apri[131LSD 09-3226(Murphy0d).doc Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 4 of 46
8. Add two points to the plat described in State Plane Coordinates.
Tree Preservation and Landscape Plan Conditions:
9. Call out or identify mitigation trees on plan.
10. Plan needs to reflect 10 street trees along Wedington Dr (290 linear ft/30 10) and 12
(340 linear ft/30ft � 12) street trees along Marvin Ave. Plan currently only shows 16
street trees.
11. Note that all landscape trees planted to meet street tree, mitigation tree or landscape code
requirements must be single stem, minimum 2" caliber trees. No double of tri-stem trees
will be counted towards meeting requirements.
12. Prior to building permit, a cost estimate for all required landscape is to be submitted to
the Urban Forester/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.
13. All street trees planted with this development must have a guarantee to be issued
(bond/letter of credit/cash)for a 3 year term at time of certificate of occupancy.
14. All mitigation trees planted must have a guarantee to be issued (bond/letter of
credit/cash) for 3 year term at time of certificate of occupancy.
15. Six two-inch caliper large species mitigation trees are required to be planted.
16.All conditions of approval in the tree preservation report are included in the official
conditions of approval, herein.
Standard Conditions of Approval:
17.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).
18. 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:
19.Any required trash enclosure shall be screened with access not visible from the street.
The trash enclosures shall be constructed with materials that are complimentary to
and compatible with the proposed building. A detail of the proposed screening shall be
submitted and approved by the Planning Division prior to issuance of the building permit.
Any additional dumpsters located on site shall be screened from the right-of-way.
20. All mechanical/utility equipment(roof and ground mounted) shall be screened using
materials that are compatible with and incorporated into the structure. Ground mounted
equipment separate from the structure may be screened with tall grasses or shrubs. A
note shall be clearly placed on the plat and all construction documents indicating
this requirement.
April 13,2009
K.IReports12009WC Reports110-April1311SD 09-3226(Marphy0d).doc Planning Commission _
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 5 of 46
21. All exterior lights shall be reviewed at the time of building permit submission for
compliance with the Outdoor Lighting Ordinance. Manufacturer's cut-sheets are
required prior to building permit approval.
22. All existing utilities below 12kv shall be relocated underground. All proposed utilities
shall be located underground.
23. Large scale development shall be valid for one calendar year.
24. 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.
25. 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.
26. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of
Installed Improvements" to guarantee all incomplete improvements. Further, all
improvements necessary to serve the site and protect public safety must be completed,
not just guaranteed,prior to the issuance of a Certificate of Occupancy.
27. Impact fees for water, sewer, police, and fire shall be paid in accordance with City
ordinance.
Additional Conditions:
a.
Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Meeting Date: April 13,2009
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature
Date
April 13,2009
K.IReportst20091PCReportslIO-,4prrl 131LSD 09-3226(MurphyOd).doc Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 6 of 46
6t
Taye
113 Mountain St.
Fayetteville,AR 72701
Telephone:(479)444-3470
ARKANSAS
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS 11 d M 711111
Urban Forestry Services
TREE PRESERVATION AND PROTECTION- Chapter 167
To: Fayetteville Subdivision Committee
CC: Andrew Garner, Senior Planner
From: Greg Howe, Urban Forester
Date: March 11, 2009
Subject: LSD-09-3226: Murphy Oil USA Wedington Subdivision Committee Review
Comments
Requirements Submitted:
N Initial Review with the Urban Forester
N Site Analysis Map Submitted
N Site Analysis Written Report Submitted
Y Complete Tree Preservation Plan Submitted
Canopy Measurements:
�T�9 :�S1xse�����,����4 a� � i'; 3a,• :, v :-ew
acres 1.07
s uare feet 46,6og.2
acres 0,05
s uare feet 2,295+
percent of site area 4.92%
acres 0.00`
square feet 0
percent of total site area 0 %
51
SM 9111 '� 3 �'
Mitigation:
Y
�
X . }fer
t $t
<n.
4.92 (2,295112) Species
Desirable
S ecies 436 6
Tree Escrow equivalent of approximately$1,500
April 13,2009
Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 7 of 46
N/A
5) Whether alternative construction methods have been proposed to reduce the impact
of development on existing trees.
• N/A
6) Whether the size or shape of the lot reduces the flexibility of the design.
• No it does not.
7) The general health and condition of the tree or group of trees, or the presence of any
disease, injury or hazard.
• The Bradford Pears are in good health and in very good condition
compared to others of their species.
8) The placement of the tree or group of trees in relation to utilities,structures, and use
of the property.
• N/A
9) The need to remove the tree or group of trees for the purpose of installing,
repairing, replacing, or maintaining essential public utilities.
• N/A
io) Whether roads and utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
• N/A
ii) Construction requirements for On-Site and Off-Site Alternatives.
On-site mitigation will be used.
12) The effects of proposed On-Site Mitigation or Off-Site Alternatives.
• More trees than are currently on-site will be planted with this new
commercial development.
13) The effect other chapters of the UDC, and departmental regulations have on the
development design.
• Engineering, and Utility constraints have not affected the
developmental design
14) The extent to which development of the site and the enforcement of this chapter are
impacted by state and federal regulations:
• N/A
15) The impact a substantial modification or rejection of the application would have on
the Applicant:
N/A
April 13,2009
Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 8 of 46
113 W. Mountain St. ? ' <�.
Fayetteville,AR 72701 R'
x
s
neKnNs "s
Telephone:(479)444-3470
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
T777-77--:---
LANDSCAPE
..-:---
LANDSCAPE REQUIREMENTS — Chapter 177
To: Fayetteville Subdivision Committee
CC: Andrew Garner, Senior Planner
From: Greg Howe, Urban Forester
Date: March u, 2009
Subject: LSD-09-3226: Murphy Oil USA Wedington Subdivision Committee Review
Comments
Applicable Requirements:
Y
Y
Y
N
OW
Plan Checklist:
Y= submitted by applicant
N=required by City Code but not included on submitted plan
NA= not applicable
Y NA Irrigation notes either automatic or hose bib
(177-03(7)(9)&3177-0411)(3)(a)]
Y NA Species of plant material identified[177-03(7)(d&e)]
Y NA Size of plant material at time of installation indicated
minimum size 2'calf er or trees and 3 gal.shrubs [17 .o O(b&c)]
Y NA Soil amendments notes include that soil is amended and sod
removed[t .o3(C)(6)(b)]
Y NA Mulch notes indicate organic mulching around trees and within
landscape beds 117 .03(C)(6)(c&d)]
Y NA LSD and Subdivisions plans stamped by a licensed Landscape
Architect others by Landscape Designer[1 .03(B)]
Y NA Planting details according to Fayetteville's Landscape Manual
11 .o3(C)(6)( )
NA NA leoelstoMpsl curbs[177.04(B)(1)]
April 13,2009
Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 9 of 46
Interior landscaping[177.04(C)]
Narrow tree lawn(8'min width,37.,5'min length/i tree per 12 spaces)
NA NA OR
Tree island(8'min.width,18.1 min.lenght/i tree per 12 spaces)
All parking lot trees must be deciduous 1177-04(C)(3)]
Y NA Placement of Trees [177.04(C)(2)]
Either side at points of access(entrance exit)
Perimeter landscaping[177.04(D)]
Side and rear property lines(5'wide landscaped)
Front property line(15'wide landscape)177.04(D)(2)(a)
Y NA Shade trees planted on south and west sides of parking lots?
[177-04(D)(2)(e)]
Parking lot adjacent to R.O.W.-continuous row planting of shrubs-at
least 8 per tree-and ground cover-5o%evergreen)[177.04(D)(4)(a)]
NOTE: Shade trees are described in street tree elantin standards
Y NA Greenspace adjacent to street R.O.W. (25'wide landscape)
Y NA Large street trees planted every 3o'L.F. along R.O.W. (15'&25'
landscape areas, <25%of trees can be grouped) 1177.04(D)(3)(a)]
Y NA 25%of total site area left in greenspace(8o%landscape)
Y NA Parking lots and outdoor storage screened with landscaping
NA NA Residential Subdivisions-t large species shade tree/lot tree
planted within R.O.W.ifpossible _
NA NA Nonresidential Subdivision-:t large species shade tree/3o L.F.
tree plantedwithin 15-25' reens ace
NA NA Urban Tree Wells-urban streetscape only-lofootsidewalk,trees
everY 3o LF. [1 .05(B)(3)(a-f)
NA NA Structural Soil-if urban wells are used,a note or detail of structural
soil must be indicated on the landscape plan
NA NA Timing of planting indicated on plans(subdivisions only)
[177-05(A)(4)]
NA NA Written description of the method for tracking plantings
1177.0 (A)(4)(e)]
Y NA Plan contains 3-year Maintenance and Monitoring Agreement
177.05(A) 2)(e)]
NA NA 1 deciduous or evergreen tree/3000 square feet
NA NA 4 large shrubs or small trees(3 gal)/3000 square feet
NA NA 6 shrubs or grasses(i gal)/3000 square feet
NA NA Ground cover unless seed or sod is specified
NA NA 5o%of facility planted with grass or grass like plants
Conditions of Approval:
i. Call out or identify mitigation trees on plan.
2. Plan needs to reflect 10 street trees along Wedington Dr(290 linear ft/30 = 10)
April 13,2009
Planning Commission
LSD 09-3226 Murphy Oil
Agenda Item 4
Page 10 of 46