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Home My WebLink About2011-06-13 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting June 13, 2011 Planning Commissioners William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins Jeremy Kennedy A meeting of the Fayetteville Planning Commission will be held on June 13, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the May 23, 2011 meeting. 2. ADM 11-3865: Administrative Item (3849 SALEM ROAD/FEDOSKY, 167): Submitted by JORGENSEN AND ASSOCIATES for property located at 3849 SALEM ROAD. The property is in the PLANNING AREA and contains approximately 56.65 acres. The request is for a variance to create a lot that does not meet the minimum street frontage requirements. Planner: Andrew Garner 3. ADM 11-3853: Administrative Item (20 E. MOUNTAIN ST./RENAISSANCE PARKING LOT VARIANCE, 523): Submitted by RANDY WERNER for property located at the NW CORNER OF COLLEGE AVENUE AND MOUNTAIN STREET. The property is zoned C- PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.24 acres. The request is for variance of landscape requirements for improvements to the parking lot. Planner: Andrew Garner Old Business: 4. CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for a conditional use permit for a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Planner: Andrew Garner STAFF RECOMMENDS THIS ITEM BE TABLED INDEFINITELY New Business: 5. CUP 11-3844: Conditional Use Permit (INTERSECTION OF SHILOH & HENBEST DR. /ADVENTURE SUBARU, 325): Submitted by H2 ENGINEERING, INC. for property located at the intersection of SHILOH AND HENBEST DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE AND C-2, THOROUGHFARE COMERCIAL and contains approximately 4.55 acres. The request is for parking in the RMF -24 zoning district to serve a use in a nonresidential zone. Planner: Jesse Fulcher 6. LSD 11-3845: Large Scale Development (INTERSECTION OF SHILOH & HENBEST DR. /ADVENTURE SUBARU, 325): Submitted by H2 ENGINEERING, INC. for property located at the intersection of SHILOH AND HENBEST DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE AND C-2, THOROUGHFARE COMERCIAL and contains approximately 4.55 acres. The request is for a 20,975 sq. ft. Adventure Subaru car dealership. Planner: Jesse Fulcher 7. CUP 11-3846: Conditional Use Permit (3160 WYMAN RD./BOOTH, 528): Submitted by NEAL HEFNER for property located at 3160 WYMAN ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 20.18 acres. The request is to build an accessory structure before the primary structure for the storage of maintenance equipment required to upkeep the property. Planner: Dara Sanders 8. CUP 11-3840: Conditional Use Permit (544 E. MALINDA DR./CULPEPPER, 251): Submitted by GRACE CULPEPPER for property located at 544 EAST MALINDA DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 0.26 acres. The request is for Use Unit 12, Limited Business, for a therapy practice, in the RMF -24 Zoning District Planner: Andrew Garner 9. RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP AVE./SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 30.13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Planner: Andrew Garner The following item has been approved administratively by City staff: LSP 11-3860: Lot Split (618 S. CHURCH/JACOBS/NEWELL, 523): Submitted by the JACOBS NEWELL COMPANY for property located at 618 SOUTH CHURCH STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.19 acres. The request is for two lot splits resulting in three tracts of 0.05, 0.05, and 0.09 acres. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission May 23, 2011 Page 1 of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 23, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: May 9, 2011 Page 3 Old Business: Approved CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484) Page 4 Tabled New Business: CUP 11-3836: Conditional Use Permit (305 POWDERHORN DRIVE/MOUNTAIN RANCH POA, 478) Page 5 Approved RZN 11-3831: Rezone (209 W. MARTIN LUTHER KING BLVD. /KUM & GO, 522) Page 6 Forwarded RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595) Page 8 Forwarded MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston Matthew Cabe Kyle Cook MEMBERS ABSENT June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 1 of 8 Planning Commission May 23, 2011 Page 2 of 8 STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Don Marr, Chief of Staff, presented Jeremy Kennedy a Planning Commission service award. Upon roll call all members were present. June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 2 of 8 Planning Commission May 23, 2011 Page 3 of 8 Consent: Approval of the minutes from the May 9, 2011 meeting. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 3 of 8 Planning Commission May 23, 2011 Page 4 of 8 Old Business: CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for a conditional use permit for a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Commissioner Cabe announced that the applicant has requested this item to be tabled until the June 13, 2011. No public comment was presented. Motion: Commissioner Winston made a motion to table CUP 11-3811 until the June 13, 2011 Planning Commission meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0- 0. June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 4 of 8 Planning Commission May 23, 2011 Page 5 of 8 New Business: CUP 11-3836: Conditional Use Permit (305 POWDERHORN DRIVE/MOUNTAIN RANCH POA, 478): Submitted by MOUNTAIN RANCH POA for property located at 305 POWDERHORN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 0.60 acre. The request is for approval of Use Unit 4 to allow a property owner commons area including a bathhouse, park, picnic area, pool, playground, and associated parking. Dara Sanders, Current Planner, presented the staff report and recommendation. Aaron Wirth, Mountain Ranch Subdivision Property Owners Association President, discussed the background of the project. Public Comment: Richard Bryce, resident, explained that he lives next to the subject property and discussed concern with noise, the hours of operation, and parking. Sanders discussed the conditions of approval, including screening, buffering, and hours of operation as proposed by the applicant, as well as the parking ratio requirements of Chapter 172. Mr. Bryce stated that the proposed hours of operation are very restrictive. Mr. Wirth discussed that the operation will self -police and expressed interest in expanding the hours of operation. No more public comment was presented. Commissioners and staff discussed the process for revising conditions of approval after approval of the request. Commissioner Honchell discussed his preference to leave the hours as they were proposed and allow the applicant to revise them later if necessary. Motion: Commissioner Winston made a motion to approve CUP 11-3836, modifying condition of approval No. 5 to extend the hours of operation to Sunday through Thursday until 9 PM, and Friday through Saturday until 10 PM. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 (Commissioner Honchell voting `No'). June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 5 of 8 Planning Commission May 23, 2011 Page 6 of 8 RZN 11-3831: Rezone (209 W. MARTIN LUTHER KING BLVD. /KUM & GO, 522): Submitted by CEI ENGINEERING for property located at 209 WEST MARTING LUTHER KING BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 2.64 acres. The request is to rezone the subject property to UT, URBAN THOROUGHFARE. Jesse Fulcher, Current Planner, gave the staff report. Dennis Blind, application, stated that they were requesting the Urban Thoroughfare zoning district based on staff's recommendation, and for the fact that the minimum buildable street frontage was less than required in the Community Services zoning district. We realize that we will need a variance, but want to request the smallest possible variance. Commissioner Cabe asked staff to describe the two zoning districts. Fulcher briefly described the differences in the two districts and directed commissioners to the zoning sheets in the staff report. Commissioner Chesser asked staff to discuss the difference in the street frontage requirements. Fulcher described why the frontage requirements for the two districts were different. Commissioner Honchell stated that a gas station was a auto -oriented development. Kit Williams, City Attorney, asked the applicant why they didn't request a conventional zoning district, as they might have a difficult time asking for a variance from the Board of Adjustment. Blind stated that staff pointed them to the form -based district. Commissioner Kennedy asked staff what happened between the initial meetings with the applicant where Urban Thoroughfare was recommended and the current recommendation for Community Services. Fulcher stated that he was not involved in the initial meetings, but that the Community Services district was the most appropriate for this location, and would still accommodate a gas station. Commissioner Winston asked the applicant if there was something they could do to increase the building width, to decrease the variance. Maybe a different building design would work better for this particular property. Blind stated that the circulation requirements for a gas station required the larger parking area and smaller building. Kum and Go doesn't typically include additional tenants on the property. Commissioner Chesser asked about the lot width requirements, and general discussion ensued about the amount of building width based on the lot frontage. Commissioner Cabe stated that a different zoning district might work best for this development model. General discussion about building frontage requirements and lot width ensued. Williams advised the commissioner of what they can consider when reviewing a rezoning request. June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 6 of 8 Planning Commission May 23, 2011 Page 7 of 8 Commissioner Cook stated that the most appropriate zoning for this property is Community Services, and asked the city attorney to clarify if the commission should consider the development concept presented by the applicant. Williams stated that the commissioner should not consider the proposed development during the rezoning request. Motion: Commissioner Cook made a motion to forward RZN 11-3831 to the City Council with a recommendation to approve a zoning district of CS, Community Services. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-2-0 (Commissioners Honchell and Hoskins voting `No'). June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 7 of 8 Planning Commission May 23, 2011 Page 8 of 8 RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595): Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.20 acres. The request is to rezone the subject property to UT, URBAN THOROUGHFARE. Dara Sanders, Current Planner, presented the staff report and recommendation. Mehdi Zaifi, applicant, introduced himself and discussed the setback requirement of the C-1 zoning district and his request for a form -based zoning district. No public comment was presented. Commission Winston discussed the surrounding properties and expressed concern with the requested UT zoning district and suggested that the CS, Community Services, would be more appropriate. Sanders discussed the uses in both the UT and CS districts. Commissioner Hoskins asked the applicant if there are uses in the CS zoning district that would not permit him to develop the property the way he wants and asked if the CS zoning district would be acceptable. Mr. Zaifi stated that the CS zoning district is acceptable. Motion: Commissioner Winston made a motion to forward RZN 11-3835 to the City Council with a recommendation to approve a zoning district of CS, Community Services. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7:03 PM. June 13, 2011 Planning Commission PC Minutes 05-23-11 Agenda Item 1 Page 8 of 8 ayeARKANSASyexile THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: June 6, 2011 PC Meeting of June 13, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3865: Administrative Item (3849 Salem Road/Fedosky, 167): Submitted by JORGENSEN AND ASSOCIATES for property located at 3849 SALEM ROAD. The property is in the PLANNING AREA and contains approximately 56.65 acres. The request is for a variance to create a lot that does not meet the minimum street frontage requirements. Planner: Andrew Gamer Findings: Background and property description: The subject property is located outside of the Fayetteville City limits and within the Planning Area. The site contains 56.65 acres with a single family home, a pool, and some out -buildings. A majority of the property is wooded with steep topography. The applicant has submitted a lot split application (LSP 11-3843) to subdivide the parent tracts into two tracts, as indicated on the attached site plan. The site is entirely surrounded by rural residential land uses within the Planning Area. Request: The applicant requests to subdivide the 56.65 -acre tract into two tracts of approximately 9 and 48 acres. A variance from Chapter 166.08(0(1) is required to allow a lot to be created within the Planning Area without 75 feet of frontage on a public street. Proposed Tract 2 would be located approximately 1,300 feet from Salem Road but would have a 20 -foot strip of land extending to Salem Road. The strip of land would provide access, street frontage, and utilities hack to Tract 2. The request is for Tract 2 to have 20 feet of street frontage when 75 feet is required. Right-of-way dedication: Sufficient right-of-way (60 feet) exists for Salem Road to meet the minimum requirements of the Master Street Plan. Washington County approval is required prior to recordation. Water/Sewer: Public sewer service is not available in the Planning Area. The City of Fayetteville provides water to this area and will service the new residence that is proposed to be constructed on the 9 -acre tract. The water line is located in Salem Road. Recommendation: Staff recommends approval of ADM 11-3865 with the following conditions: G:IETCIDevelopment Services Review 120111Development Review111-3865 ADM 3825 & 2849 Salem Rd (Fedos199103 PlanningCommission106- 13-20111Comments and Redlines June3, 2011 Planning Commission ADM 11-3865 Fedosky Agenda Item 2 Page 1 of 9 Conditions of Approval: 1. Planning Commission determination of a variance from Chapter 166.08(I)(1) to allow the creation of Tract 2 with 20 feet of street frontage on a public street when 75 feet is required. Staff recommends approval of the request finding that the addition of one single-family home within the existing 56.65 -acre family owned property will not adversely increase the density of the area that would create a dangerous traffic situation or other infrastructure impacts. The 75 feet of street frontage requirement is primarily intended for the development of new residential subdivisions, not the creation of an individual lot such as that proposed. If the property is developed in the future for a residential subdivision streets and utilities could be extended and lots could be created in a standard lot and block configuration in accordance with City and County regulations. 2. The applicant shall obtain approval from the Washington County Planning Department prior to recordation of the lot split. Standard Conditions: 3. Submit a copy of the revised lot split plat for Planning Division review prior to recordation. 4. The plat should be revised to include the standard ownership dedication block and building setbacks as indicated in the tech plat comments. 5. 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). 6. This lot split must be filed of record within one year from the date of approval or the approval is rendered null and void. Planning Commission Action: Motion: Second: Meeting Date: June 13, 2011 Vote: ❑ Approved ❑ Denied ❑ Tabled G:I ETCI Development Services Review120111Development Review111-3865 ADM 3825 & 2849 Salem Rd (Fedosky)103 Planning Commission 106- 13-20111Comments and Redlines June 13, 2011 Planning Commission ADM 11-3865 Fedosky Agenda Item 2 Page 2 of 9 Fayetteville Unified Development Code 166.08 Street Design And Access Management Standards (I) Residential lots. The use and design of lots shall conform to the provisions of zoning where City zoning is in effect. When no City zoning applies, the following standards shall govem unless in conflict with more stringent city, county or state regulations: (1) Bulk and area regulations: G: I ETCI Development Services Review120111Development Review)11-3865 ADM 3825 & 2849 Salem Rd (Fedosky)103 Planning Commission 106- 13-20111Comments and Redlines June 13, 2011 Planning Commission ADM 11-3865 Fedosky Agenda Item 2 Page 3 of 9 Planning Area Lot area minimum 10,000 sq. ft. Lot width minimum 75 ft. Side setback 10 ft. Front Setback 25 ft. Rear setback 20 ft. A �Onta e on itnpiouedskee4 75 It. G: I ETCI Development Services Review120111Development Review)11-3865 ADM 3825 & 2849 Salem Rd (Fedosky)103 Planning Commission 106- 13-20111Comments and Redlines June 13, 2011 Planning Commission ADM 11-3865 Fedosky Agenda Item 2 Page 3 of 9 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 • FAYEITEVILLE, ARKANSAS 72703 • (479) 4429127 • FAX (479) 582-4807 DAVID L JORGENSEN, RE, P.LS. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. May 27, 2011 City of Fayetteville 113 W. Mountain Street Fayetteville, Ar. 72701 Attn: Andrew Garner Re: Fedosky Lot Split / Variance As you know, we have requested a lot split on the Fedosky property. The original tract is 56.65 acres and the split will create three tracts of property. The original request was to split off 8.50 acres to the west but there is a requirement to have 75' of frontage. After much discussion with staff the city and the owner have decided to request a variance from the Planning Commission and the variance would be to allow 20' of frontage instead of 75'. This 20' strip would extend back from Salem Road to tract 2. This also creates the 3 Lots. Water service would be from the 4" watermain on Salem Road. Please call with any questions you may have. Thank you • PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS' WASTEWA IER SYSTEMS' LAND SURVEYING. June 13, 2011 Planning Commission ADM 11-3865 Fedosky Agenda Item 2 Page 4 of 9 CERTI/IRATE 005 00£YS5I, TELE AND DEtlyTM1I: We THE. ER05N INE PEAL ESTATE 5NAMO MM SCROE0 HEMP) NEARBY A•0G BY.E TO TIE HELI[ ALL EASEMENT; STREETSAIIEM, PAN..). um CIRCA 77658[ TAROS sant VV MP PLAT. SEN EASEMENTS Mall BE FOR IR BENEFIT OF TNE CITY OF FAYETTEVILLE APES. 70040540 [ABLE TELEVISION [WEME5 ySMALL TIM AND NIaISE OF [u*T7TTN(Y •:14AMy REPAIRING.REPAIRING.PLA[X, AND RM4[0K UTILITY LINES,, CAPE TELEVISION IMPS. 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WASHINGTON COUNTY ARKANSAS 004471Q0 L( ROSS 4 KAREN 00011 SARIN 5LLE)I ROAD 054577757054E AM 72705-5853 76.w/PALPRINC/PAL 441F,UL inn STREET s =..NNN....c=CmX �(TDD MINOR STREET D N GRAPHIC SCALE lea W -E S LEOM114 0 s57IRON 05N 8 CAP • 0504540000005754 X (4[([559]59 POINT 721519L0491±T 0/417051,55 AO' ACCESS EASEMENT _ 542(000017764(70 CENTERLINE ROAD 40(757 _ MPPoSED LOT LINE NANNING AREA LINE (06SE]) I 1755. 400 It 0EY15: OMKR JMOENSEN 6 ASSOCIATES CONSULTING ENGINEERS.. INC. 124 WEST 5LMORIDGE SUITE 5 FAYETTEVILLE AR. 72703 (479)442-9127 EDWAR0 8 VIRGINIA FE00510' 51149 N. SALEM ROAD FAYETTEVILLE, AR, 72704 N PLAT PAGE 147 2) PARCEL 100440715-000 3) C44RENT ZONING • COWRY- /DWELLING WIT PER ACRE. 4) BASIS OF 00T477075 - SURVEY'S FOR 50 FE0057:7 BY ALAN R£/0 5 ASSOCIATES RECORDED ON 5/26/0.5 40 SURVEY D4TE0 PV /2/21/05. 5) TIPS PROPERTY IS NOT AFFECTED BY THE 100 YEAR FLOOD PLAIN AS PER FIRTI 505443(020505 DATED NAY le. 5068. 6) STATE PLANE B45E0 ON CITY OF FAYETTEVILLE STATE PLANE COORDINATE SYSTEM. June 13 Plannin( HU Agenda Item 2 Page 5 of 9 72 AL. a. N 1- 01 J SEN Z[� ky 15 w CD CI w 0 0 Cr) O 10 CO N 1 N 0 U r. C Legend Subject Property ADM11-3665 RBF -4 A• Multi -Use Trait( fisting) mmmmmmmmmmm nlb Future Trails I CPI° I HiIIs Hilltn On Lerlay bi trio ADN 11-3865 _! Design Overlay District Planning Area Fayetteville 1 Miles June 13, 2011 Planning Commission ADM 11-3865 Fedosky Agenda Item 2 Page 8 of 9 '. ,Footprints 2010 Hillside-Hilltop Ov L___z Design Overlay Di ADM 11-3865 Fedosky Agenda Item 2 Page 9 of 9 a e enle 1 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: June 8, 2011 PC Meeting of June 13, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3853: Administrative Item (20 E. MOUNTAIN ST./RENAISSANCE PARKING LOT VARIANCE, 523): Submitted by RANDY WERNER for property located at the NW CORNER OF COLLEGE AVENUE AND MOUNTAIN STREET. The property is zoned C- PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.24 acres. The request is for variance of landscape requirements for improvements to the parking lot. Planner: Andrew Garner Findings: Background: • December 20, 2005 the City Council approved C-PZD 05-1610 (East Square Development) on the subject property. The approval permitted a 16 -story hotel, residential condominiums, meeting space, commercial space, and a parking garage. • On June 6, 2006 the City Council approved a modification to allow an additional two floors of hotel rooms to the structure, for a total of 18 floors. • On December 18, 2007 the City Council approved the applicant's request to extend the building permit deadline until December 20, 2010. • On September 22, 2008 the Planning Commission approved CUP 08-3095 (Renaissance Temporary Parking Lot). This permitted the construction of a 67 -space parking lot over the abandoned construction site. This permit was approved with certain variances of the development code. These variances were granted assuming that the Renaissance Building would be permitted for construction on the site by the expiration date of the C-PZD and certain requirements such as street trees and sidewalks would be damaged during the construction of the building. • The approval of the temporary parking lot and C-PZD 05-1610 expired on December 20, 2010. • In accordance with the conditions of approval of CUP 08-3095, the development variances for the parking lot including sidewalks, street trees, parking lot islands, etc., were required to be constructed to City code by April 20, 2010, within four months of expiration of the permit. • The applicant received approval from the Planning Commission on April 11, 2011 for a conditional use permit for the temporary parking lot to continue until October 1, 2011 (CUP 11-3788) with conditions that the improvements required to make the parking lot a permanent facility be completed by October 1, 2011. G:IETCIDevelopment Services Review120111Development Review111-3853 ADM20 E. Mountain (Renaissgune 143mg ffking LoQ103 Planning Commission106-13-20111Comments and Redlines Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 1 of 21 Property Description: The property consists of a total of approximately 2.24 acres located within the Original Town Plat on the block between Center Street and Mountain Street, with additional frontage onto Hwy 71B (College Avenue). A parking lot with 67 spaces has been constructed on this property. • Direction Land Use Zoning North Restaurants, Retail, Office Downtown General South Government/Federal Buildings Downtown General East Court House, Government Buildings Downtown General West Offices, Bank, Bank of America Condos Main Street Center; Downtown General Request: The applicant is requesting the two following variances as part of the final design to bring the parking lot into compliance: • UDC Section 166.04(B). This section of the code requires streets and sidewalks adjacent to a project site be improved in accordance with the Master Street Plan. This site is adjacent to College Avenue and Mountain Street; both designated in the Master Street Plan as urban streets requiring an 8 -foot sidewalk with street trees planted every 30 feet along the property frontage in tree wells. The applicant requests a variance of this requirement along their Mountain Street frontage, proposing to plant trees in the 15 foot greenspace adjacent to parking lot. • UDC Section 177.04(C)(1)(b). This section of the code requires interior parking lot shade trees at a ratio of one tree for every 12 parking spaces. The applicant does not propose any interior parking lot shade streets in this 67 -space parking lot. In consideration of this variance, the applicant is offering to extend sidewalk and street trees offsite approximately 100 feet from the northern edge of their parking lot to Center Street. This 100 foot improvement is not required by code. Recommendation: Staff recommends approval of ADM 11-3853 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a variance from UDC Section 166.04(B) to allow street trees to be planted in 15 -feet of greenspace along Mountain Street, when the Master Street Plan requires trees to be planted in urban tree wells. Staff recommends approval of the request finding that the applicant's proposal to construct an 8 -foot wide sidewalk and plant street trees in greenspace between the 8 -foot sidewalk and parking lot, along with street trees in the greenspace island adjacent to the southeast corner of the site, will meet the intent of the code. Infrastructure improvements are required that are roughly proportional to the impact of the project, given the increase in pedestrian traffic from the constructed parking lot. G:IETCIDevelopment Services Review120111Develapmeni Review11l-3853 ADM 20 E. Mountain (Renaissgune 1 nJ 'g1king Loi)103 Planning Cammission106-13-20111Comments and Redlines Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 2 of 21 2. Planning Commission determination of a variance from UDC Section 177.04(C)(1)(b) not to plant interior parking lot shade trees. Staff recommends in favor of the variance considering the applicant's proposal to provide an additional three street trees and approximately 100 feet of street improvements connecting to Center Street with the following condition: The additional 100 feet of street improvements and landscaping are not required by ordinance and would provide a valuable public asset in a highly traveled pedestrian area. However, in order to meet the intent of the interior parking lot planting code staff recommends that six additional trees be planted in existing greenspace around the parking lot in locations approved by the Urban Forester (67 parking spaces/12 spaces per tree = 5.6 trees). This compromise would eliminate the applicant having to remove existing parking spaces for tree islands and would eliminate the expense of removing asphalt in the interior of the parking lot that would normally be required to bring the parking lot into compliance. 3. The species of all trees and shrubs shall be reviewed and approved by the Urban Forester prior to approval of the final construction drawings. 4. The utility boxes that were installed within the City right-of-way along Mountain Street for temporary power during the construction of the Mountain Inn shall be removed from the right-of-way with the improvements to street frontage associated with this parking lot, subject to normal approvals by the associated utility company. 5. Street trees shall be planted at a ratio of one tree for every 30 linear feet of frontage along the parking lot's Mountain Street and College Avenue frontage. 6. Irrigation shall be installed in accordance with City ordinance. 7. Prior to and during construction the applicant shall coordinate with the City for installation of conduit under the sidewalk for street lights. 8. All conditions and recommendations included in the Urban Forester's staff report (attached) are included in the official conditions of approval. Planning Commission Action: Motion: Second: Meeting Date: June 13, 2011 Vote: ❑ Approved ❑ Denied ❑ Tabled G:IETCIDevelopment Services Review120111Development Review)11-3853 ADM 20 E. Mountain (Renaissjijq 7bJn '{king Lot)103 Planning Commission106-13-20111 Comments and Redlines Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 3 of 21 Fayetteville Unified Development Code 166.04 Required Infrastructure Improvements — Development in City Limits (B) Minimum improvements by application type. The property owner/developer shall be responsible for constructing the following minimum improvements. (3) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan. (0 Sidewalks. (i) On-site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the city Council. (ii) Off-site. Sidewalks may be required to be installed off-site based on the rough proportionality and rational nexus of the impacts of the development. 177.04 Site Development And Parking Lot Landscape Standards (C) Interior landscaping requirements. (1) Amount of landscaping. Parking lots containing ten (10) or more spaces shall be landscaped with one of the following options: (a) Option 1. Narrow tree lawn. A continuous landscape strip between rows of parking. The minimum width of a tree lawn shall be eight feet (8'); the minimum area shall be 300 square feet. One tree every 12 parking spaces or one tree every thirty linear feet, whichever provides more canopy, shall be planted with this option. Trees may be grouped or spaced within the lawn area. OPTION 1 (b) Option 2. Tree island. The minimum width of a tree island shall be eight feet (8'); the minimum area shall be 150 square feet. One tree shall be planted for every 12 parking spaces with this option, with a maximum run of 12 parking spaces permitted without a tree island. G:I ETCI Development Services Review120111Development Review111-3853 ADM 20 E. Mountain (RenaissJuneTegnp2giniking Lot)103 Planning Commission106-13-20/11Comments and Redlines 0 Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 4 of 21 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 1455 S Happy Hollow Rd Fayetteville, AR 72701 P (479) 444-3471 F (479) 521-7714 ihiafiejeal ARKANSAS www.accessfayettevi l l e.o ry TDD (Telecommunications Deviceforthe Deaf) (479):521-1316. URBAN FORESTRY DIVISION LANDSCAPE REQUIREMENTS — Chapter 177 To: Fayetteville Planning Commission From: Greg Howe, Urban Forester (Landscape Administrator) CC: Andrew Garner, Senior Planner Date: June 7, 2011 Subject: ADM 11-3853: Renaissance Parking Lot Planning Commission Review Comments RECOMMENDATION: 1. A variance has been applied for to relieve the applicant of meeting the interior landscape requirements of the UDC Section 177.04(C)(1)(b). Six parking lot trees are required by ordinance. In lieu of the applicant being required to remove asphalt and base material from the site and losing 3 parking spaces to meet the interior landscape regulations, the applicant has offered to extend the sidewalk and street trees beyond the parking lot north along College Ave. The applicant owns the adjacent property the sidewalk and street trees will be extended along. The Landscape Administrator recommends in favor of the variance with the following additional condition of approval: The applicant shall plant the 6 required interior landscape trees in the greenspace located on the east and south side of the parking lot with exact locations to be approved by the Landscape Administrator/Urban Forester. June 13, 2011 Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 5 of 21 'Faye`.eville PC Meeting of April 11, 2011 125 W. Moun a1 in St. Fayetteville, AR 72701 Telephone: (479) 575-8267 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Director of Development Services DATE: April 1, 2011 Updated April 18. 2011 CUP 11-3788: Conditional Use Permit (20 E. MOUNTAIN ST./RENAISSANCE TEMP. PARKING, 523): Submitted by RANDY WERNER for property located at the NW CORNER OF COLLEGE AVENUE AND MOUNTAIN STREET. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.24 acres. The request is for an extension of the approval for the existing temporary parking lot with 67 spaces. BACKGROUND: Background: • December 20, 2005 the City Council approved C-PZD 05-1610 (East Square Development) on the subject property. The approval permitted a 16 -story hotel, residential condominiums, meeting space, commercial space, and a parking garage. • On June 6, 2006 the City Council approved a modification to allow an additional two floors of hotel rooms to the structure, for a total of 18 floors. • On December 18, 2007 the City Council approved the applicant's request to extend the building permit deadline until December 20, 2010. • On September 22, 2008 the Planning Commission approved CUP 08-3095 (Renaissance Temporary Parking Lot). This permitted the construction of a 67 -space parking lot over the abandoned construction site. This permit was approved with certain variances of the development code. These variances were granted assuming that the Renaissance Building would be permitted for construction on the site by the expiration date of the C-PZD and certain requirements such as street trees and sidewalks would be damaged during the construction of the building. • The approval of the temporary parking lot and C-PZD 05-1610 expired on December 20, 2010. • In accordance with the conditions of approval of CUP 08-3095, the development variances for the parking lot including sidewalks, street trees, parking lot islands, etc., were required to be constructed to City code by April 20, 2010, within four months of expiration of the permit. • The required improvements have not been designed or completed and the applicant is now requesting additional time to install the improvements. G:IETCIDevelopment Services Review120111Development Review111-3788 CUP Mountain Si _College (Renaissance Temp Parking)I03 Planning Commission 104-11-111 Comments and Redlines June 13, 2011 Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 6 of 21 Property Description: The property consists of a total of approximately 1.01 acres located within the Original Town Plat on the block between Center Street and Mountain Street, with additional frontage onto Hwy 71B (College Avenue). A parking lot with 67 spaces has been constructed on this property. • Direction Land Use Zoning North Restaurants, Retail, Office Downtown General South Government/Federal Buildings Downtown General East Court House, Government Buildings Downtown General West Offices, Bank, Bank of America Condos Main Street Center; Downtown General Proposal: The applicant proposes to bring the temporary parking lot up to code in accordance with the original conditions of approval for CUP 08-3095. However, they request the improvements to not be completed until October 1, 2011. The applicant's letter discusses that they need more time to complete the improvements. As the original conditional use permit has expired, the continuation of this temporary parking lot that is not up to code requires conditional use approval by the Planning Commission. Request: The applicant requests a conditional use permit to allow Use Unit 2, City-wide Uses by Conditional Use Permit for a temporary parking lot until October 1, 2011. Public Comment: Staff has not received public comment Recommendation: Staff is in support of granting a conditional use for the continuation of the temporary parking on the subject property until October 1, 2011, based on the findings within the staff report. If, at that time, all improvements are installed in accordance with City ordinance, the parking lot will be considered a permanent permitted use. RECOMMENDED MOTION: Staff recommends approval of CUP 11-3788 with the following conditions of approval: 1. The applicant/property owner shall extend the letter of credit that the City is holding for the required improvements to the site for the installation of street trees, interior parking lot trees, and public sidewalk until October 1, 2011. 2. The temporary parking lot shall be brought into compliance with all Fayetteville Unified Development Code requirements by October 1, 2011, including but not limited to: all adjacent public sidewalks in accordance with the Master Street Plan, street trees, interior parking lot trees, bicycle racks, landscape beds, screening shrubs, irrigation, etc. 3. Should the required improvements to the site not be completed by October 1, 2011 the City shall cash the letter of credit for these improvements and work towards G:IETCIDevelopment Services Review120111Develapment Review111-3788 CUP Mountain St College (Renaissance Temp Parking)103 Planning Commission104-11-111Comments and Redlines June 13, 2011 Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 7 of 21 installing the required improvements to bring this property into compliance with development codes. 4. Prior to construction of the site improvements, development plans shall be submitted for review and approval through the City's Site Improvement Plan (SIP) process. 5. Should the submitted site improvement/landscape plan deviate from adopted City codes, the applicant may request a variance from the Planning Commission. 6. In order to ensure that the improvements are completed by October 1, 2011, the SIP application and associated plans shall be submitted to the Development Services Department by 10 AM, May 19, 2011. 7. The fmal inspection of the site, sidewalks, and landscape improvements shall by initiated by the applicant contacting City Engineering, Planning, and Urban Forestry staff for an inspection of the improvements by September 16, 2011. Any fmal inspection items that are discovered at the initial inspection shall be completed by the applicant by October 1, 2011. 8. Non-compliance with any of these conditions of approval may be render this conditional use permit null and void as determined by the Zoning Development Administrator, and the letter of credit guaranteeing said improvements may be called at any time thereafter for failure to meet the conditions herein. PLANNING COMMISSION ACTION: Required YES X Approved Motion: Winston Second: Earnest Vote: 6-0-0 Date: April 11, 2011 ❑ Tabled ❑ Denied FUTURE LAND USE PLAN DESIGNATION: Complete Neighborhood Plan — Downtown Master Plan 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, G:IETCIDevelopment Services Review120111Development Review111-3788 CUP Mountain St_College (Renaissance Temp Parking)103 Planning Commission104-1/-/11Comments and Redlines June 13, 2011 Planning Commission ADM 11-3853 Renaissance Parking Agenda Item 3 Page 8 of 21