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Home My WebLink About2012-02-13 - 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 February 13, 2012 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on February 13, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items Consent: 1. Approval of the minutes from the January 23, 2012 meeting. Old Business: 2. CUP 11-4013: Conditional Use Permit (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by ROBERT R. DAUGHERTY for property located at 2143 NORTH RUPPLE ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.57 acres. The request is to change the nonconforming use to another nonconforming use. Planner: Jesse Fulcher New Business: 3. ADM 12-4046 Administrative Item (2518 MLK/AAF CAR SALES, 558) Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acre. The applicant requests variances of the I-540 Design Overlay District standards and landscape standards to allow 15' of green space for a new parking lot when 25' is required, to group required street trees away from the new parking/display areas, and to use metal building panels on the exterior of the building. Planner: Andrew Garner 4. CUP 12-4023: Conditional Use Permit (1637 W. DEANE ST./LEGACY VENTURES, 365): Submitted by APPIAN DESIGN GROUP for property located at 1637 WEST DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acre. The request is for a Cottage Housing Development, Use Unit 44 for five new single-family cottages. Planner: Andrew Garner 5. CUP 12-4022: Conditional Use Permit (2070 N. GARLAND AVE./THE CITY CHURCH, 366): Submitted by MARK JONES for property located at 2070 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 4.22 acres. The request is to allow a church, Use Unit 4, in the RMF -24 zoning district. Planner: Jesse Fulcher 6. RZN 12-4024: Rezone (1934 E. HUNTSVILLE RD./STILES, 565): Submitted by SHARON STILES for property located at 1934 EAST HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 0.41 acre. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Planner: Jesse Fulcher 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 23, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: January 9, 2012 Page 2 New Business: ACTION TAKEN Approved CUP 11-4013: Conditional Use Permit (2143 N. RUPPLE RD./DAUGHERTY, 361): Page 3 Tabled MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch (absent for consent vote) William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney Andrew Garner Dara Sanders Glenn Newman 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. February 13, 2012 Planning Commission 01-23-2012 Minutes Agenda Item 1 Page 1 of 4 Consent: Approval of the minutes from the January 9, 2012 meeting. Motion: Commissioner Chesser made a motion to approve the Consent Agenda. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 6-0-0 (Bunch absent for consent vote). February 13, 2012 Planning Commission 01-23-2012 Minutes Agenda Item 1 Page 2 of 4 New Business: CUP 11-4013: Conditional Use Permit (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by ROBERT R. DAUGHERTY for property located at 2143 NORTH RUPPLE ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.57 acres. The request is to change the nonconforming use to another nonconforming use. Jesse Fulcher, Current Planner, presented the staff report. Bob Daugherty, applicant, discussed the request. Dave Kaywood, neighbor, stated that there are problems with the gas line on this property, the building is dilapidated, there was a car dismantling business there a few months back and recently a semi truck blocks traffic on Rupple Road. There shouldn't be a commercial business operating in a residential area. Commissioner Griffin stated that this is what happens when we annex these types of properties into the city, but sympathizes with the neighbor. Commissioner Hoskins asked if we should be comparing the current uses to Marble Ark, since it closed a few years back. Fulcher stated that was the most appropriate business since it was in operation when the property was annexed into the city, the business that grandfathered in the building use. Commissioner Hoskins stated that he has waited on a semi truck that was parked across Rupple Road. What was the purpose of the rezoning last year to R -O? Daugherty said that he asked the city for an opinion on a zoning district other than RSF-1, and that the goal is to get the property sold. Commission Hoskins asked the applicant if the condition to screen outdoor materials was okay given the elevation of the site. Daugherty stated they had no problem screening the use and that he has tried to contact Potters House about the semi trailer located on the south side of the building. Commissioner Hoskins asked if Fence Co built fence on site. Daugherty stated that he thought they did, but there wasn't any finishing. Commissioner Hoskins stated that he is concerned with the junk around the building, truck traffic and security lighting. He also stated that he owns property down the road. Commissioner Chesser asked the applicant if he was aware of the requirement to remove/move the chain link fence and if he knew that a conditional use can be revoked if there are future violations. Daugherty stated that he was. Commissioner Chesser asked if he was aware of semis using the property in the past. February 13, 2012 Planning Commission 01-23-2012 Minutes Agenda Item 1 Page 3 of 4 Planning Commission January 23, 2012 Page 4 of 4 Daugherty stated there is a loading dock in back that has been used since he's owned the property. Dave Kaywood stated that he's never seen a semi truck on the property. Commissioner Chesser asked staff about the findings for the conditional use. Fulcher stated that all of the standard conditional use findings are part of this review, but there is an additional finding of appropriateness from Chapter 164, since this was a request to change from one nonconforming use to another. Commissioner Griffin asked if this should be three separate requests, since there are three different businesses. Williams stated that it could be one request or three. The commission should make three decisions as part of this request for each business. Commissioner Cook stated that the semi truck issue could be fixed by relocating the fence to allow them to access the site without stopping in the street. This use won't create anymore noise than the previous uses. Commissioner Honchell asked the applicant if the entrance could be modified to allow better access for the semi trucks, safety is a concern. Daugherty stated that they could adjust the entrance fence. Commissioner Winston outlined some of the main discussion points from the meeting; semi access, lighting, screening, and outside storage. Motion: Commissioner Chesser made a motion to table CUP 11-4013 to February 13, 2012 meeting. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioners Griffin voting `No'). There being no further business, the meeting was adjourned at 6:30 PM. February 13, 2012 Planning Commission 01-23-2012 Minutes Agenda Item 1 Page 4 of 4 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 13, 2012 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Development Services DATE: February 7, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-4013: Conditional Use Permit (2143 N. RUPPLE RD./DAUGHERTY, 361): Submitted by ROBERT R. DAUGHERTY for property located at 2143 NORTH RUPPLE ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.57 acres. The request is to change the nonconforming use to another nonconforming use. Planner: Jesse Fulcher Findings: Information since previous Planning Commission meeting: The owner has hired someone to repaint the entire building. This is currently underway. One of the business operators has agreed to have the semi trailer removed. If the conditional use is approved, Fence Co will construct a new wood board fence along Rupple Road. The entrance gate will be setback no less than 85' from the street. - Sufficient space within the property will be provided to allow the driver to turn around and leave the property in a forward motion. - Semi -truck delivers occur one time per week. - No fence manufacturing occurs on this property. Property: The subject property is located at the southwest comer of Rupple Road and Mount Comfort Road and contains approximately 4.50 acres. The lot is developed with two large warehouse buildings that are divided into three separate spaces, containing approximately 20,000 square feet total. According to Washington County records the buildings were constructed in 1955 when the property was outside the city limits. The City of Fayetteville annexed the property in 2004 as part of the island annexation ordinance. The current owner purchased the property in 2004; three months after the property had been annexed. At that time the front two spaces were already being leased by a wholesale marble company and the back space was used as a repair shop and storage space by a property maintenance employee. Starting in 2008 the marble company began to reduce its operations, prompting the owner to take in new tenants. However, the owner was not aware of the requirement to obtain conditional use approval to allow other business types to use the buildings. G:IETCIDerelopment Services Review120111Deve/opment Review111-4013 CUP (Daugherty -Fence Co)l01 Planning Commissio;, 2-13- 121Comments and Redline February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 1 of 16 In 2011 Fence Co began leasing a portion of the building and constructed a barbed wire topped chain link fence around the property to secure the fencing materials. This prompted an area property owner to call in a complaint to the Planning office. City staff inspected the property and contacted the property owner about the fence violation, and the requirement to obtain conditional use approval for the three existing businesses to legally operate on the property. The owner has submitted numerous property records to establish previous uses of the structure. The businesses and operation dates are listed in Table 1. Surrounding land use and zoning is depicted in Table 2. Table 1 Previous business uses Year Business Name Business Type 2004-2009 Marble Ark Wholesale marble with manufacturing 2005-2007 Fence Co Material storage 2008-2010 Fay4It Schools Donation center and distribution 2009-2012 Flying Dog Merchandise storage and distribution 2010-2011 Kenneth Fenson Automotive repair and salvage 2010-2012 Potters House Merchandise storage and distribution 2011- Fence Co Fence building company Table 2 Surrounding Land Use and Zonin Direction Land Use Zoning North Cemetery RSF-1, Single-family Res.— 1 unit/acre South Agricultural RSF-1, Single-family Res.— 1 unit/acre East Agricultural RSF-1, Single-family Res.— 1 unit/acre West Agricultural RA -Residential Agricultural Proposal: The applicant requests approval of a conditional use permit for a change in an existing nonconforming use to allow the three existing business(Potters House, Flying Dog and Fence Co) to operate. Pursuant to UDC Section 164.12(E)(3), an existing nonconforming use may be changed to another nonconforming use with conditional use approval by the Planning Commission. Public Comment: A property owner from the area called in a complaint to the Planning office when Fence Co initially moved into the property in September 2011 (change in nonconforming use) and erected a chain link fence. RECOMMENDED MOTION: Staff recommends approval of the CUP 11-4013, subject to the following conditions: 1. Planning Commission determination that Fence Co is equally appropriate or more appropriate to the district than the existing nonconforming use. Staff recommends in favor of the change of nonconforming use finding that a fence company is more appropriate than Marble Ark, a wholesale and manufacturing business. C: I ETCI Development Services Review120111Development Review9J 1-4013 CUP (Daugherty -Fence Co)I01 Planning Cornmissim42-13- 12ICmnments and Redline February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 2 of 16 2. Planning Commission determination that Potters House and Flying Dog are equally appropriate or more appropriate to the district than the existing nonconforming use. Staff recommends in favor of the change of nonconforming use finding that the storage of retail materials is more appropriate than Marble Ark, a wholesale and manufacturing business 3. The existing chain link fence shall be removed and a new 6' tall wood board privacy fence shall be constructed between Rupple Road and building. The gate shall be setback no less than 85' from the street edge of Rupple Road. The property owner shall be responsible for maintaining the fence in quality condition until the fence is no longer required for screening purposes. Fence pickets shall be located on the street side. 4. The semi trailer and any remaining junk materials shall be removed from the property within 14 days from the Planning Commission decision. 5. Parking or storage of vehicles, including trailers, shall not occur between the existing gravel driveway and the creek. Storage of fencing materials is not a violation of the Streamside Ordinance. However, staff recommends that any materials in this area be moved adjacent to the gravel drive to reduce vehicular maneuvering and unnecessary compaction of the soil in the streamside zones. 6. Hours of operation shall be limited to 7:00 A.M. through 6:00 P.M. Monday through Friday. 7. Outdoor storage of materials shall be screened by a wood board fence from Rupple Road. 8. Within 30 days of approval of this permit the existing chain link fence shall be removed to comply with § 166.14 Commercial Design Standards, which prohibits chain link fences between the street and building. 9. Uses and activities on the property shall be in accordance with the restrictions of § 168.12 Streamside Protection Zones. 10. Any new lighting shall be installed in accordance with the outdoor lighting ordinance. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: O Approved O Denied O Tabled Motion: Second: Vote: Meeting Date: February 13, 2011 G:IETCIDevelopment Services Review120111Development Review111-4013 CUP (Daugherty -Fence Co)101 Planning Co17nnissio1712-13- 121Comments and Redline February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 3 of 16 City Plan 2030 designation: City Neighborhood Area. Section 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, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a letter requesting conditional use permit approval to allow a change in nonconforming use. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under §164.12(B)(1)(c) to change any nonconforming use of land, structure, or structure and land in combination may to another nonconforming use. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: The property is developed with three large metal warehouse buildings that have been used for nonresidential uses for over 50 years. With appropriate conditions, the use of the property for the three existing businesses should not adversely affect the public interest. G: IETCI Development Services Reviem1201 / (Development Revierv111-4013 CUP (Daugherty -Fence CoA01 Planning Cornrnission12-13- 121Comments and Redline February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 4 of 16 Finding: N/A (c.) The Planning Commission shall certify: Compliance with the specific rules governing individual conditional uses; and (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: Access to the site will be from an existing driveway on Rupple Road. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: It is unlikely that there will be any economic, noise, glare, or odor effects on adjoining properties given the business types operating at this facility and that surrounding properties are used for agricultural purposes. Traffic generation from these businesses is relatively light. Fence Co employees come by the property in the morning to pick up materials for fence construction jobs and semi truck deliveries occur only once per week. Traffic for the other two businesses is fluctuates, but is relatively light. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: A dumpster is already in use on the property and serviced by the Solid Waste Department. Finding: N/A. (d.) Utilities, with reference to locations, availability, and compatibility; (e.) Screening and buffering with reference to type, dimensions, and character; G:IETCIDevelopmenl Services Review120111Developmenl Reriew111-4013 CUP (Daugherty -Fence Co)101 Planning Commission12-13- 121Commenls and Redline February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 5 of 16 Finding: The applicant is proposing to install a wood board privacy fence for security and screening. The location of the fence shall be reviewed and approved by Planning staff prior to installation. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Signs are permitted pursuant to Chapter 174 Signs for the Residential Office zoning district. (g.) Required setbacks and other open space; and Finding: All separation and setback requirements will be met with development of the property. (h.) General compatibility with adjacent properties and other property in the district. Finding: It would not be appropriate to locate this type of warehouse facility in a primarily rural/residential area today. However, this facility has been in use for approximately 50 years, long before the majority of residences were built in the area. The buildings have been occupied by a variety of heavy commercial uses, and sometimes industrial uses, for decades, and ever since the property was annexed into the City of Fayetteville in 2004. As long as outdoor storage of materials is kept to a minimum and out of view from the public, the current businesses operating at this facility should be generally compatible with surrounding land uses. G: IETCIDevelopment Services Review1201I1Deve(oprnent Review) f I-4013 CUP (Daugherty -Fence Co)I01 Planning Cmnrnission I2-13- /21Connnents and Redline February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 6 of 16 (2/8/2012) Jesse Fulcher - Fenco - Rupple Road From: "Bleaux Barnes" <bbarnes@mathiasproperties.com> To:<jfuIcher@ci.fayetteville.ar.us> Date: 2/8/2012 1:59 PM Subject: Fenco - Rupple Road Jesse, Writing this e-mail with regards to the proposed Fence Co use @ 2143 Rupple Road - which BSS LLC (Creekside Subdivision Owner) supports the leasing of the property to Fence Co and the commercial type use for this specific property. Thank You Bleaux Barnes Mathias Properties Fayetteville Branch Commercial Leasing / Real Estate Sales 133 W. Sunbridge Drive Fayetteville, AR 72703 office - 479-251-9400 fax - 479-251-9402 <mailto:bbarnes@mathiasproperties.com> bbarnes@mathiasproperties.com <mailto:bbarnes@nwark.com> bbarnes@nwark.com <http://www.mathiasproperties.com/> www.mathiasproperties.com Description: compressed e-mail Seite 1 February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 7 of 16 '.. (2!3/2012) Jesse Futcher - Zoning of Mr. Bob Daugherty property on Rua Rd. Seite a From: Jim Hazen <jimhazen2@gmail.com> To:<jfulcher@ci.fayetteville.ar.us> Date: 212!2012 5:34 PM Subject: Zoning of Mr. Bob Daugherty property on Rupple Rd. Dear Jesse, Mr. Daugherty called me to ask my feeling on his zoning issue. I told him I emailed you with my opinion and assume it was passed to the proper authority. He said one homeowner showed up and wanted it returned to residential zoning. I believe this property has been there since about 1956. To return it to residential is both unreasonable and a bad economical decision for Fayetteville. I border this property on the south and east. Mt. Comfort is on the north. Agricultural land is on the west. This homeowner cannot live near the property. It would be an injustice to deny Mr. Daugherty a continued conditional use of his property. Please pass my opinion to those making the decision. Sincerely James Hazen February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 8 of 16 2/3/2012 Jesse Futcher - Conditional Use permit for 2143 N. Rupple Rd From: Jim Hazen <jimhazen2@gmail.com> To: <jfulcher@ci.fayetteville.ar.us> Date: 1/21/2012 11:54 AM Subject: Conditional Use permit for 2143 N. Rupple Rd. Dear Sir: I am the owner of the properties to the east and south of the subject property. I would like to voice my opinion in favor of granting the conditional use permit to Mr. Daugherty. He has always worked to improve and maintain this location to be compatible with the neighborhood. To deny his economical use of this property would be an unfair intervention by a government agency when he has always attempted to adhere to the strict city codes. I am totally in favor of his continued presence and use of his property. Please contact me if you have any questions. Sincerely, James Hazen ejte 1° February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 9 of 16 CUP11-4013 C ose Up View DAUGHERTY SUBJECT PROPERTY Legend ••••••••••••• Multi -Use Trail (Existing) Future Trails Fayetteville City Limits CUP11-4013 awl lillside-Hilltop Ov rlay District Design Overlay Di>trict Design Overlay Di>trict Planning Area Parcel Lines County Parcels 0 za 250 500 zso 1,000 F February 13, 2012 Planning Commission CUf 114013 D°Liyy Agenda Item 2 Page 10 of 16 CUP11-4013 DAUGHERTY One Mile View UTI UM DR RSF-4 BARITE DR RSF-4 a. 0 RSF-0 RSF-4 F-0 RSF-4 RSF-4R P-1 MARSH ST RSF4 RSF TANYARD DR RSF-0MAHOGANY DR RSF-4Q�TE 3s SPRING HOUSE DR RSF-0 II • W- I SONG BIRD PL R RSF-4 RSF-4 RSF-4RSF-6/ RSF4 RSF-4 MEsEARNHARDT R EARWOOD DR l NM ▪ RSF-4 'RSF4 . 1 ▪ SF -4 r - - WESTBURY ST RSF-0 i. • • RSF-1 mmmmmmmmmmmm •6 2.4 44 • SF -4 II • • • • r mmmmm a.% ■ � ■ • ■ S 0 VANIKE DR • AMER/C,9 N R-0 RSF QUAI DR RSF DOVE DR RSF MEADOW RK SF -4 RSF4 SAU ER LN FAIRFAX RSF-4 RT- ▪ RSF4 BUCKEYES HgRVARygs -4 RSF-0 RSF SRA SF RMI34 J RA� m RMF -12 CO 4 S RMF -24 1l• YA4ES RNF-34, . TF20 to 13 2SSAR $T- ' tL 'AHACEST1 RMF -24p � r O wag"MI cs ._RSF-1 .-._ CHEV• -- 7C-2 �fR# iRA PZO_ RMF -24 RSF-4P - C-1 P-1 1 U Wr DR Ro Hill Overview 4_1 Legend Subject Property CUP11-4013 Boundary 0.25 0.5 CUP ' ! Desi '__▪ _'Plan * ' Fay 1 M 11-4013 n Overlay District ing Area tteville iles February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 11 of 16 CUP11-4013 Current Land Use LAN ir MIF? DAUGHERTY INSTITUTIONAL • x 1 .1 MOSSY ROCK DR twemeJuture Trails : Fayetteville City Li CUP11-4013 Design Overlay Di Design Overlay Di Planning Area • February 13, 2012 Planning Commission Agenda Item 2 Page 12 of 16 0 110 220 440 660 8804genda Item 2 FI8 13 of 16 0 110 220 440 660 8804genda Item 2 FI8 14 of 16 0 110 220 440 660 8804genda Item 2 FI8 15 of 16 February 13, 2012 Planning Commission CUP11-4013 Daugherty Agenda Item 2 Page 16 of 16 aye er emle AR K 4N 545 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 13, 2012 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Megan Dale, Urban Forester THRU: Jeremy Pate, Development Services Director DATE: February 6, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 12-4046 Administrative Item (2518 MLK/AAF CAR SALES, 558) Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests variances of the I-540 Design Overlay District standards and landscape standards to allow 15 feet of green space for a new parking lot when 25 feet is required, to group required street trees away from the new parking/display areas, and to use metal building panels on the exterior of the building. Planner: Andrew Gamer Findings: Property and background: The subject property contains approximately 0.70 acres and is located at the northwest corner of Shiloh Drive and Martin Luther King Drive, adjacent to I-540. The property is zoned C-2, Thoroughfare Commercial. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land UselZonin Direction from Site Land Use Zoning North Shopping Center (Firehouse Subs, etc.) C-2 and RMF -24 South Payless Shoe Store C-2 West First Security Bank/Shopping center C-2 East 1-540 Corridor N/A Proposal: The applicant proposes to redevelop the s.te for car sales including construction of a new parking lot and renovation to the existing building. As part of the redevelopment of this site the applicant proposes three variances of the Fayetteville Unified Development Code: 25 feet greenspace/tree plantings every 30 feet UDC 161.31(D)(1). A minimum of 25 feet of landscaped greenspace exculsive of right-of-way shall be provided along the highway right-of-way and any public street frontage to which the development has frontage. Parking lots shall not encroach into the greenspace and shall be screened when abutting a required greenspace area. Trees shall be planted at the interval of one tree per 30 linear feet of greenspace area when practicable. February 13, 2012 G:IETCIDevelopment Services Review120121DevelopmentReview1/24046 ADM 2518 Martin Luther King (AAF Gar Sales)Wilir( ,€ommissioo Commission102-13-20121Comments and Redlines ADM12-4046 AAF Car Sales Agenda Item 3 Page 1 of 10 UDC 177.04(D)(3). Large species trees shall be planted in the required fifteen foot landscape area containing one (1) tree per thirty (30) linear feet along the front property line. Trees along the perimeter may be grouped to allow flexibility in design. The maximum allowed grouping may be up to twenty-five (25%) percent of the required number of street trees. The applicant proposes 15 feet of greenspace adjacent to the new parking areas and proposes to group more than 25% of the required street trees, in conflict with both UDC 161.31(D)(1) and 177.04(DS)(3). Exterior Building Material UDC 161.31 (D)(4). Buildings shall be constructed of wood, masonry, or natural looking materials. No structures shall be allowed that have metal side walls unless such metal siding is similar in appearance to wood, masonry, or natural looking material. UDC 166.14(C)(1)(c). Commercial structures should avoid or minimize metal siding which dominates the main facade. The applicant proposes to retrofit the existing building with metal panels (aluminum composite materials) covering the majority of the exterior of the building (see attached elevations). Recommendation: Staff recommends approval of ADM 12-4046 (AAF Car Sales) with the following conditions: Conditions of Approval: 1. Planning Commission determination of a variance of UDC 161.31 (D)(4) and UDC 166.14(C)(1)(c) to permit metal panels (aluminum composite materials) on the building. Staff recommends in favor of the proposed design ,finding that the small building is well articulated and meets the intent of the commercial design standards. 2. Planning Commission determination of a variance from Chapter 161.31(D)(1) requiring 25 feet of greenspace along all public streets within the I-540 DOD. Staff recommends approval of a reduction in the greenspace requirement to 15 feet for the new parking lot, which is the requirement throughout the city, except within the 1-540 DOD. The Planning Commission has reviewed a proposal to eliminate the 25 foot requirement; however, this has not yet been approved by the City Council. 3. Planning Commission determination of a variance from Chapter 177.04(D)(3)&(4), requiring trees every 30 feet along the right-of-way. The Urban Forester has provided a separate report and recommendation for this request. This development shall be required to go through the Site Improvement Plan (SIP) review process prior to application for construction permits. The conceptual site plan has not been reviewed for compliance with parking lot design dimensions, the exact February 13, 2012 G:IETCIDeveloptnent Services Review120121 Development Review112-4046 ADM 2518 Martin Luther King (AAF Car Sales)1fal&{gmflommission Commi.ssion102-13-20121Comments and Redlines ADM12-4046 AAF Car Sales Agenda Item 3 Page 2 of 10 linear feet of street frontage required for street trees or other landscape improvements, or other development regulations. 5. Signage is required to be permitted in accordance with the City sign ordinance. Electronic message boards are not permitted within the I-540 Design Overlay District. Planning Commission Action: ❑ Approved Meeting Date: February 13, 2012 Motion: Second: Vote: ❑ Denied ❑ Forwarded February 13, 2012 C:IETCIDevelopmenlServices Review120121Development Review112-4046 ADM 2518 Martin Luther King (AAF Car Papua-rlanrundltommission Commission102-13-20121Comments and Redlines ADM12-4046 AAF Car Sales Agenda Item 3 Page 3 of 10 ave evi le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE essfa ettev Ite.cs TO: Planning Commission FROM: Megan Dale, Urban Forester, Parks and Recreation, 479-444-3470 DATE: 7 February 2012 SUBJECT: ADM 12-4046 Automatic Auto Finance Car Sales MLK Blvd Variance Requests 1. The applicant has requested a variance for a 15' setback between the street R.O.W. and the proposed new parking area in lieu of the 25' setback required per ordinance below. Ord. 161.31.D.1 "Greenspace. A minimum of 25 feet of landscaped greenspace exclusive of the right-of-way shall be provided along the highway right-of-way and any public street to which the development has frontage. Parking lots shall not encroach into the greenspace and shall be screened when abutting a required greenspace area. Trees shall be planted at the interval of one tree per 30 linear feet of greenspace area when practicable." The Urban Forester recommends approval of reducing the 25' setback to 15' of landscaped area. The site is oddly shaped, and a larger setback would reduce the usability of the site. The 15' area shall be landscaped with screening shrubs. 2. The applicant has requested a variance to the grouping of street trees per ordinance below. Ord. 177.04.D.3.a "Large species trees shall be planted in the required fifteen (15) foot landscaped area containing one (1) tree per thirty (30) linear feet along the front property line. Trees along the perimeter may be grouped to allow flexibility in design. The maximum allowed grouping may be up to twenty-five (25%) percent of the required number of street trees." The Urban Forester recommends approval of groupings higher than 25%. By grouping trees, views of merchandise for sale will not be blocked. The trees will also be further from vehicles preventing litter produced from trees and birds to soil vehicles. The total required number of street trees is still required. The Landscape Administrator will continue to work with the applicant through construction plan approval to meet the overall intent of the landscape regulations. February 13, 2012 Planning Commission ADM12-4046 MF Car Sales Agenda Item 3 Page 4 of 10 WILLIAM KIM rUGJTT, AlA JANUARY 26, 2012 PLANNING COMMISSION CHAIR CITY OF FAYETTEVILLE 113 W MOUNTAIN FAYETIEVILLE, AR. 72701 RE: 2518 W. MARTIN LUTHER KING BLVD., FAYETI'EVILI,F, AR. MR. CHAIRMAN, PLEASE FIND THIS LETTER ACCOMPANYING AN APPLICATION FOR VARIANCES IN REFERENCE TO THE SUBJECT PROPERTY. THE OWNER OF THE PROPERTY INTENDS TO MAKE MAJOR USE AND COSMETIC ENHANCEMENTS TO 'TIIE EXISTING PROPERTY GIVEN CERTAIN VARIANCES ARE BE ALLOWED BY THE FAYETT'EVILLE CITY ADMINISTRATION. THE INTENDED USE IS FOR AN `AUTOMATIC AUTO FINANCE" BRANCH SALES FACILITY. IT IS TILE IN PENT OF THE OWNER 'I'O BAIZE A PORTION OF THE EXISTING STRUCTURE AND MAKE MAJOR EXTERIOR RENOVATIONS WHICH WILL GREATLY ENHANCE THE EXISTING PROPERTY AS WELL AS THE IMAGE OF THF GENERAL AREA. AS WE DO NOT EXPECT THE IMPROVEMENTS, HOWEVER, TO EXCEED 50% OF THE CURRENT REPLACEMENT COST PER SECTION 172.07, NO IMPROVEMENTS WILL BE REQUIRED NOR NUDE OF THE EXISTING PARKING/DISPLAY AREA. THE NEW PARKING AREA SIIALL CONFORM TO ALL CURENT CODE WITH THE EXCEPTION OF THE REQUESTED VARIANCE(S). THREE VARIANCES ARF, REQUESTED: 1. A 15' SETBACK BETWEEN TIIE STREET R.O.W AND TI -IE PROPOSED NEW PARKING AREA IN LIEU OF THE 25' SETBACK REQUIRED IN SECTION 161.31 PART (D)(1). IT IS THE APPLICANT'S PERSPECTIVE THAT AS THE SUBJECT PROPERTY IS NOT ONLY SMALL BUT ODDLY SII\PED, THAT THE 25' SETBACK REDUCES AND THERFORE LIMITS ANY USABLE AREA. February 13, 2012 Planning Commission ADM12-4046 MF Car Sales Agenda Item 3 Page 5 of 10 January 26, 2012 2. USE OF METAL BUILDING PANELS (ACM) ON THE EXTERIOR. OF TIIE BUILDING WHICH MAY BE LIMITED DUE TO SECTION 161.31 PART (D)(4) REGARDING THE I540 OVERLAY DISTRICT IT IS THE APPLICANT'S OBSERVATION AND BELIEF THAT TIIE "METAL SIDING" REFERRED TO IN SAID SECTION IS REFERRING TO A CORRIGATED METAL SIDING SYSTEM AND NOT THE "ALUMINUM COMPOSITE MATERIAL" (ACM) PANELS PROPOSED. 3. GROUPING OF STREET TREES WHICH MAY BE CONSIDERED UNDER SECTION 177.04 PART (3)(a). AS THE APPLICANT'S USE IS THAT OF AN AUTO SALES ESTABLISHMENT, AND DISPLAY OF AUTOMOBILES IS INSTRUMENTAL TO THE SUCCESS FOR SUCH AN ESTABLISHMENT THAT SPACING THE REQUIRED STREET TREES AT THE 30' INTERVALS REQUIRED NOT ONLY BLOCKS THE VIEW OF MERCHANDISE DISPLAYED BUT ALSO A1 1 RACTS BIRDS THAT HAVE AN ADVERSE EFFECT ON AUTOMOBILES. PLEASE FIND THE ENCLOSED INFORMATION REQUIRED FOR YOUR CONSIDERATION. RESPECTFULLY, GITT, AIA E. 1200 E. JOYCE BLVD., FAYETTEVILLE, AR., 72703 479-466-8079, 479-521-6686, kim.fugitt@fugittarc.c ma February 13, 2012 Planning Commission ADM12-4046 MF Car Sales Agenda Item 3 Page 6 of 10 AUTOMATIC AUTO FINANCE .2516 W MARTIN LUTHER KIND BLVD. William Kim Fugitt, a.I o. Fe Architect Piz 1163 .ley.. siva. Feyettovllle, AR. 12103 AD plmo4Ta-531-66% ermlli kbn.fugM1blusittmetern CESCMPTION x` fifrr AO -Al em +,R Page 7 of 10 1 . 2012 C r Sales 111 iu IFI II . jll •. Y , !1 I r�.j�. i •II I i �'�'. ILL I �• :y 3111 ll: Iil Itis 1; � •°.t1 p ral'I II `;poll f ,I ti } it =III if .1I .I if i . I11 ''1l+ 1 1 i ..N AUTOMATIC AVTO FINANCE 25IB A MARTIN LUTHER KIN& BLVD. 1'AICTT[VILL .ARKANSAS WII Elam Kim Fugitt, a.I.a.Fe rti Architect PI U AN. -,„c3 AD A9 20-12 Friimrsian AHF:Car Sales rea,tertrs Page 8 of 10