HomeMy WebLinkAbout2001-03-26 - Agendas - Final AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held March 26,2001 at 5:30
p.m. in the City Administration Building, 113 West Mountain Street,Room 219,
Fayetteville,Arkansas.
The following items will be considered:
Approval of minutes from the March 12,2001 meetings.
Consent agenda:
1. LSD O1-5.00: Large Scale Development (Allied Storage,LTD, pp 601)was submitted
by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied Storage,
LTD. for property located at 85 W. 151' Street. The property is zoned I-1, Heavy
Commercial/Light Industrial and contains approximately 14.98 acres The request is to
add additional storage buildings.
New Business:
2. CU 00-37.00: Conditional Use (J.D. China, pp 520)was submitted by Andy Feinstein
of Engineering Design Associates on behalf of Jennifer Lee for property located at 1740
W. 61 Street. The property is zoned C-2/R-2, Thoroughfare Commercial/Medium
Density Residential and contains approximately 1.86 acres. The request is for parking in
a R-2 zone for a proposed development in a C-2 zone and for parking in excess of that
permitted.
3. LSD 00-36.00: Large Scale Development(J.D. China, pp 520) was submitted by Andy
Feinstein of Engineering Design Associates on behalf of Jennifer Lee for property located
at 1740 W. 6b Street. The property is zoned C-2/R-2, Thoroughfare
Commercial/Medium Density Residential and contains 1.86 acres. The request is for a
restaurant.
4. PP O1-2.00: Preliminary Plat (McIlroy, pp 439) was submitted by Mike Anderson of
Engineering Design Associates on behalf Hayden McIlroy for property located south of
Hwy 16 and east of Rupple Road. The property is zoned A-1/R-1.5/C-I/R-2/R-1,
Agricultural/Moderate Density Residential/Neighborhood Commercial/Medium Density
Residential/Low Density Residential and contains approximately 90 acres.
5. CU O1-2.00: Conditional Use (Fayetteville Youth Center,pp 439) was submitted by
Mike Anderson of Engineering Design Associates on behalf of John Benberg of
Fayetteville Youth Center Inc. DBA Boys & Girls Club of Fayetteville, Inc. for property
located south of Hwy 16 and east of Rupple Road. The property is zoned A-1,
Agricultural and contains approximately 14.93 acres. The request is for a commercial
recreation, large site (use unit 4) in a A-1/R-2 zone.
6. LSD 01-4.00: Large Scale Development (Fayetteville Youth Center, pp 439) was
submitted by Mike Anderson of Engineering Design Associates on behalf of Fayetteville
Youth Center Inc. DBA The Boys& Girls Club of Fayetteville Inc. for property located
south Hwy 16 and east of Rupple Road. The property is zoned A-1, Agricultural and
contains approximately 15 acres. The request is for a recreation facility.
7. CU 01-3.00: Conditional Use (Cricket Communications Inc., pp 528)was submitted
by Craig Hull on behalf of Cricket Communications Inc., for property owned by Preston
& Eunice Ferguson located behind 2908 E. Huntsville Road. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 0.11 acres. The request is for a
150' monopole to support wireless communications facilities (use unit 3) in a C-2
district.
8. RZA 01-1.00: Annexation (TMC & Associates, pp 359)was submitted by Michele A.
Harrington on behalf of TMC & Associates for property located cast of Sunshine Road
and north of Highway 16. The property is in the City Planning Area and contains
approximately 40 acres. The request is to annex into the city.
9. RZ 01-6.00: Rezoning(TMC & Associates, pp 359)was submitted by Michele A.
Harrington on behalf of TMC &Associates for property located east of Sunshine Road
and north of Highway 16. The property is zoned A-1, Agricultural and contains
approximately 40 acres. The request is to rezone to R-1, Low Density Residential.
10. AD 01-5.00: Administrative Item (Multi-family Zoning Districts)was submitted by
the Planning Division to amend the Unified Development Ordinance to include additional
multi-family zoning districts.
11. Officer Elections
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(575-8264),City Administration Building, 113 West
Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further
information or to request an interpreter,please call Don Bunn at 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item - Chairman
B. Presentation of request-Applicant
C. Public Comment
D. Response by Applicant/Question& Answer with Commission
E. Action of Planning Commission(Discussion and Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item, raise your hand when the
Chairman asks for public comment. He will do this after he has given Planning Commission
members the opportunity to speak and before a final vote is taken. Public comment will only be
permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give your
name and address. Address your comments to the Chairman, who is the presiding officer. He
will direct them to the appropriate appointed official, staff member or others for response. Please
keep your comments brief and to the point 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.
2000 Planning Commissioners:
Conrad Odom - Chairman
Nancy Allen
Don Bunch
Bob Estes
Lorel Hoffman
Sharon Hoover
Don Man
Loren Shackelford
Lee Ward
i
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01.541:1.87-ad 3/23/01 3:40 PM u0e 1
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CITY OF FAYBTTEVILLE
AGENDA NOTICE
PLANNING COMMISSION
?touchy,Mani,26.2001-5:10 pat,•
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CITY OF FAYF.TTLVILLPu13uc TING,OVEN TO ALL
The follouing items will he mnehlcnvd:
Appmvnl of mbrou from the March Jl,2001 rout :g
Cunsem kentk,:
LSD OL5.00: Lange Scale Dcvclapmcnt (Allied Swrtltc, LID, pp 601) was submitted by
McOclland Consulting Foglneers,Inc.on heh;Jf o(R:mdy Sail bury o!Alhvd Saxagc,la'D.(of
p;opaty located at 85 W. 15"' Strutt. The. mopetry it r<au:d 1.1. Heavy ConunerclauLighc
Ind,.u'izl and contains appioxinmtAy 14.9$acne.The reyuen is m add addi[ionol s[ozagc L•uild
inga.
Nov,Baeinms:
CU 00,37.00: Conditional We (J.D. China, pp 520) was submitted by Ar,dy Femtteio u!
Caaginecring Deign Ass rclxes(a,k+el,alf of Jennl(itt Lad lot property located at 1740 W 6"Strew.
Thn prnpen y is toned C-2/R-2,ThOroughhre Coaautr.ruial/McJiwo Deusil y Residential and call'
W ins 1,86 acres.Tho reu,ml,is Ler parking in a R-2 fine for a proposed developmnnr iia C-2:nnc
end for parking in excess of that penpitted.
I,Sn 00•36.00: Large Scale Devclapnscnt (J.D. China, pp 520) w-,,n m hulil.ed by Andy
fcinstan of Engince(isr;Design Asgxim s nn Iu,hal(n(Jennifer Let for laoperty looted ut 1740
W. 61' Stru¢c. 'Ihc prolxcey is toned C•2/R•2, Thoruuphkue CourneremWediam Density
ReeiJential ul(l Gontahsx 1.66 ares.The request is for a tescaurant.
PP 014.UU: Proli.m.,,y Pint (Mdlray, pp 4391 was submitted by Mike Anderton of
Fangincering Design Associaes on hchelfof Hayden Milroy for propclty located south of Hwy 16
and cast of Rupple Bond.Thee property ix smmd A.I/R.1.5/(}l/W Z/li1,Agricsdtural/Nsotlmn,
Dwaauy Restdcntlal/Neighborhoosl Curmnr.rai;J/Mtdbnn Density Residential/Low Density
RtyWemial and contains approximately 90 acres.
�.� CU 01.2.00:Conditional Use (Fayetteville,Youth Cwurq pp 4391 woo.ad...*r,d by Mike
Anderson of F.npinimring Uvs11;n Associates on behalf of John Brnhr+q of Fuycncvillt Youdi
Cent-:Inc.DBA Boys&Girls Club of Fzytnaville,bac.fm'pfoperry located south of Hwy 16
;oul ,Isi of Ruppht Road.The property is zoned AIL Agri,;ullui it and mor-vis approximately
14,93 acres.The inquest is((it a tonne tial recreation,large site(use unit 4)in a A.11K.2 zone:.
LSD 0114.00:Large Scale Development(Fayetmville Youth Coxae,ply 439)waas submitted by
Mike Amletavn of Engint•.ei ing Design Associates on l ach ll(of Jobn Benbcrs;nl h;,ytl wville Youth
Corer,Inc.DBA The Buys&Oil[,,Club of Paycrteville.Inc.fax propctty loomed sued.of Hwy
1(,un I t:at of Rupple Road.The property is zoned A•1,AgHp.11uml and ennmlns approximate-
ly 15 Gens.Thr.milivAl A fix n recreation facility.
CU OI.3.00:Conditional Ute(Cricket Csmmmnicarions Inc.,pP 528)was sulardrrv.J by Cnug
Hull on behalf of Cricket C:onn„nnic niom Inc., for property owned by Preston and Emile,
Ferguson located behind 2905 E.Hmuevllle Road.The property is toned C-2,Thuroughfnm colo•
u,eceial and contains approximately 0.11 arses. The trc car is fir a 150'monopole to support
utrehss Cmnm,micadons facilities(me unit 3)m It C•2 dlstdo.
RZA 01.1.00: Ann exasinr ('IMC&Associates,pp 359)was sub,r,innJ by Midule A.liar.
ch1j900 nn hchalf ofTMC&Assoeiam.fur properly(neared cast of Sunshine Road vncl north of
Highway 16.Tip,prnlx:fry is in the City Planning Arm and funrains approximately 40 aacs.The
rcqucsc is to annex into the,city.
RZ 01.6.00:Recalling(TMC&Associates,pp 359)was sAmiltxd I,Y Michele A.Hurrin;!con
In,hchalf of TMC&A65ocl a for pnq,Cny Incircd cast.of Sunshine(load and north of 11 ighway
16.The property i.:zoned A-1.Agricultural and contains approxi nalely 40 acres.The rcqucsc is
in at2orc,ro R.L,Ltsw Dcnsiry 9 tsiilvll ird.
AD 01.5.00: Administrative Item (Multi-family Lining Districts) was submitted by the.
Plamsiny Divi.ion ,,amend(.Ile Unified Development Ordlna„ce ro include additional multi.
. family inning districts.
Officer Fleedons
All Imatutd a rWo ally 11.1X'..vnA It,h.•anl n,rhe,nM¢humph I\<arY N am„nq..nl nnon,lanno and,na..penmen,dm+
u M,mand acmlalar fu,imv...m-; mrNTa.rdf.:rlrl,lirv(573 8160.0p'Adnuu,nr.,Wu mdl,l^,a.It i Wea Mo+aOin
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.vamula rtv ellever n,.n..c,.7nl t..,.,:..:�,.r,.,.,m.r,r,,.mu rokun>ovn rrw^.win*,•,,;,,,',r,.'n.nl=ve<nu inn nvnn
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LSD 01-05.00
Page 1
PC Meeting of 26 March 01
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Allied Storage,LSD
113 W. Mountain St.
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Sara Edwards, Ron Petrie P.E.
DATE: March 22,2001
Project: LSD 01-5.00: Large Scale Development (Allied Storage, LTD, pp 601) was
submitted by McClelland Consulting Engineers, Inc. on behalf of Randy Salsbury of Allied
Storage, LTD. for property located at 85 W. 15" Street. The property is zoned I-1, Heavy
Commercial/Light Industrial and contains approximately 14.98 acres The request is to add
additional storage buildings.
Findings: The applicant is requesting to build three new storage buildings southeast of the
existing storage buildings. Two buildings are 4,200 square feet and the third building is 4,500
square feet. The existing storage buildings on site were originally approved as a large scale
development on March14, 1994,and an expansion was approved on February 22, 1999.
Recommendation: Approval subject to the conditions listed below.
Conditions of Approval:
1. Planning Commission determination of a waiver request from the Master Street Plan
requirements for a Principal Arterial Street which requires fifty-five feet from centerline
be dedicated. The applicant is proposing not to dedicate any additional right-of-way.
Currently, fifty feet exists and City Council approval is required not to require the
additional right-of-way dedication. Staff is in support of this waiver due to the existing
sidewalk, landscaping, buildings and pavement already in place.
2. No additional sidewalk improvements are being requested.
3. Plat Review and Subdivision comments (to include written staff comments mailed to the
applicant or his representative, and all comments from utility representatives-AR
Western Gas, SWBT, Ozarks, SWEPCO; Cox Communications)
4. 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
'.. Planning Commission
March 26, 2001
LSD01-5 Allied Storage
Page 1.1
LSD 01-05.00
Page 2
additional review and approval. All improvements shall comply with City's current
requirements.
5. Large Scale Development approval to be valid for one calendar year.
6. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project
c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by §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.
Background:
The proposed Large Scale Development was reviewed at the February 28, 2001 Technical Plat review
and the March 15, 2001 Subdivision Committee meeting.
Discussion at the Subdivision Committee meeting included street right-of-way and sidewalk
requirements.
The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission
subject to all staff comments.
INFRASTRUCTURE:
a) Water. Existing.
b) Sanitary sewer. Existing.
C) Streets. Existing.
d) Grading and Drainage. A preliminary grading plan and drainage report has been submitted. A
final plan and report will be required prior to beginning construction.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Planning Commission
March 26, 2001
LSD01-5 Allied Storage
Page 1.2
LSD 0-1-05.00
Page 3
Comments:
CITY COUNCIL ACTION: Required
Approved Denied
Date:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
by
title
date
Planning Commission
March 26, 2001
LSD01-5 Allied Storage
Page 1.3
MAP 1 2001 et
McCLELLAND P.O. Box 1229
PLANNINGE3 1`yj Fayetteville,Arkansas 72702-1229
CONSUL T/NG 501-443-2377
DESIGNED ro SERVE ENG/NEERS, INC FAX 501-443-9241
March 1, 2001 FY012106
Ms. Sara Edwards
Planning Commission
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Request for Waiver
LSD Submittal for Allied Storage, Ltd. Co.
Dear Sara:
On behalf of Allied Storage, Ltd. Co., we would like to request a waiver on the
requirement to increase the Right-of-Way (R-O-W) dedication along 15`h Street
(Arkansas Highway 16) an additional five feet to 55 feet from the street centerline.
The original storage buildings along 151" Street were designed and constructed based
on the 50 foot R-O-W that was required at that time. All storage buildings are required
to have a minimum of 25 feet of paving around and between buildings to allow
customers to access the storage units. The buildings along the street have the 25 feet
of paving around the front. The existing fence is set along the edge of the paving. The
current 50 foot R-O-W ends right at the fence line. If Allied Storage were required to
dedicate another five feet for R-O-W, they would be obligated to relocate their fence,
paving and all buildings located along the street. This would impose an exorbitant cost
on the owner that we feel is not justified at this time.
Thank you for your assistance with this matter. Please call if you should have any
questions or comments.
Sincerely,
MCCLELLAND CONSULTING ENGINEERS, INC.
afarCaro Jones, E.1.
Project Engineer
C: Randy Salsbury, Allied Storage, Ltd. Co.
Planning Commission
March 26, 2001
LSD01-5 Allied Storage
Page 1.4
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March 26, 2001
LSD0I-5 Allied Storage
Page 1.5
LSD01 -5 Allied Storage OneMileRadius
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STREETS March 26, 2001
LSD01-5 Allied Storage
Page 1.6
FAYETTEVILLE
TEE CITY OF FAYEIUVMLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: March 21, 2001
CU 00-37.00: Conditional Use (J.D. China, pp 520)was submitted by Andy Feinstein of
Engineering Design Associates on behalf of Jennifer Lee for property located at 1740 W. 6'
Street. The property is zoned C-2/R-2, Thoroughfare Commercial/Medium Density Residential
and contains approximately 1.86 acres. The request is for parking in a R-2 zone for a proposed
development in a C-2 zone and for parking in excess of that permitted.
RECOMMENDED MOTIONS:
Staff recommends approval of the conditional use permitting parking for a restaurant in
the R-2, Medium Density Residential zoning district subject to the following condition:
Staff recommends approval of the conditional use permitting 20 parking spaces in excess of
those allowed by ordinance subject to the following condition:
1. Planning Commission approval of the accompanying large scale development.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: March 26, 2001
Comments:
H:IUSFltSICOMMONIDAWNT REPORTSIPCI3-26-011jdchina.wpd
Planning Commission
March 26, 2001
CU00-37JD. China
Page 2.1
BACKGROUND:
This property is located directly west of Burger King on Sixth Street. A lot split was approved
for this property on May 11, 2000 which split this property from property on the west. The
proposal is for a 6,200 square foot restaurant with 58 parking spaces and a drive thru.
Approximately 8 parking spaces are proposed to be located on the R-2 property at the north
portion of the site. Beyond the development, a 13,015 s.f. tree easement has been established to
preserve existing canopy in perpetuity. This easement will screen the restaurant development
from surrounding residential properties.
SURROUNDING LAND USE AND ZONING
North: Multi-family residential (across Mitchell Street), R-2
South: Industrial (Love Box Co.), I-1
East: Restaurant(Burger King), C-2 /Vacant, R-2 (to the north)
West: Vacant home, C-2/Residential, R-2 (to the north)
GENERAL PLAN DESIGNATION Residential
§ 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.
HIUSERSICOMMONIDAWNNtEPORTSIPCI3-26-01 idchina.wpd
Planning Commission
March 26, 2001
CU00-37JD. China
Page 2.2
Finding: The applicant has submitted a written application requesting approval of
two conditional uses for this property. A conditional use to allow parking in
excess of that permitted by ordinance as provided by §172.01(D)(2) and a
conditional use to allow parking in a residential district which is built to
serve a commercial use in another district as provided by §172.01(E)(2).
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.
2. 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 by§172.01 to grant the requested
conditional uses.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: The granting of the conditional uses with safeguards and conditions as
prescribed in the accompanying large scale development will not adversely
affect the public interest.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing the individual
conditional use requests.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to 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;
K9 USERSICOMMONiDAWNT RE.PORTSTC I3-26-OPjdchina.wpd
Planning Commission
March 26, 2001
CU00-37JD. China
Page 2.3
Finding: Access for this development has been limited to West 61h Street with cross
access to the east and west.
(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: Refer to large scale development.
(c) Refuse and service areas,with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: A dumpster with screening will be located on the site as approved by the
Solid Waste Division and reviewed during the development review process.
(d) Utilities, with reference to locations, availability,
and compatibility;
Finding: Utilities were reviewed and easements requested as needed by City staff and
utility representatives during the development review process. All new
utilities shall be located underground. Utilities on site shall be screened in
accordance with Commercial Design Standards.
(e) Screening and buffering with reference to type,
dimensions, and character;
Finding: Refer to large scale development.
(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: Wall and freestanding signs are proposed and reflected on the elevations
submitted for Commercial Design Standards review.
(g) Required yards and other open space; and
Finding: The project complies with yard and open space requirements.
H:I USERSICOMMONIDAWN=ORTSIPCI3-26-011lidchina.wpd
Planning Commission
March 26, 2001
CU00-37JD. China
Page 2.4
(h) General compatibility with adjacent properties and
other property in the district.
Finding: This project is generally compatible with adjacent properties and with other
property in the district.
K-I USERSICOMMONIDAWNTUZEPORTSIPCI3-26-011ldchina.wpd
Planning Commission
March 26, 2001
C000-37JD. China
Page 2.5
excerpted from UDO Chapter 172 -Parking and Loading
D. Standards for the Number of Spaces, Commercial
by Use.
1. Off-Street Parking. Auditorium 1 per 4 seats
Except as provided in a. and b. below, off- Barber or beauty 2 per chair
street parking spaces shall conform to the shop
requirement in Table 3. below. Parking
requirements shall be met at the time any Eating places,: 1 per 200 squa e
building or structure is erected, enlarged, or excluding drive- ��<°feet of floor area
increased in capacity, changed in use, or any throughs and
outdoor use is established or enlarged. restaurants offering
entertainment
Hotels and motels 1 per room, plus 1
a. In C-3 and C-4 additional space per
zoning districts, parking requirements are employee
waived for any existing structure with a
change of use. New construction, razed Amusement 1 per 200 square
buildings or enlarged buildings shall feet of floor area
conform to the parking requirements of the Retail 1 per 250 square
City of Fayetteville. For enlarged buildings,
feet of floor area
additional parking spaces will be calculated
by the amount of square footage that is Coin-operated 1 per 3 machines
added. laundry
b. In C-3 and C-4
zoning districts, parking requirements are Regional antique 1 per 500 square
waived for the square footage "footprint" of and furniture store feet of floor area
any building which existed and has been Restaurants with 1 per 3 occupants
removed since October 1, 1995, in order to entertainment based on current
rebuild. adopted Standard
Building Code,
2. Maximum Number City of Fayetteville
Allowed. Parking lots may contain up to
20%more spaces than the required Hospital and 1 per bed
minimum. Any additional spaces above 20% convalescent home
shall be allowed only as a conditional use
and shall be granted in accordance with Gas service stations 4 per each enclosed
Chapter 163, governing applications of service bay
conditional uses; procedures, and upon the Commercial 1 per 1000 square
finding that additional spaces are needed. recreation-large feet of site area
sites
Table 3. PARKING RATIOS
(Use/Required Spaces)
H:I USERSICOMMONIDAWNTAEPORTSIPCI3-26-011jdchina.wpd
Planning Commission
March 26, 2001
C000-37JD. China
Page 2.6
E. Parking Lot Location Standards. The location of all required and nonrequired parking lots
with five or more spaces shall meet the location requirements below. All conditional uses
hereunder shall be granted by the Planning Commission in accordance with
Chapter 163, governing applications of conditional uses; procedures.
1. Permitted Locations by Right. Parking lots shall be located within the same
zoning district as the use they serve. Required parking lots for uses allowed by right within a
zoning district are allowed as a use by right in the same zoning district.
2. Permitted Locations as a Conditional Use.
a Parking,lots.located within residential zones which serve uses in-
nonresidential zones ma�,be allowed as�a conditional use by the Planning Commission.;
b. Parking lots for uses allowed as conditional uses within residential
zones must also be approved as a conditional use. A conditional use for a parking lot may be
approved at the same time the use is approved or may be approved separately if additional
parking lots are developed later.
The Planning Commission shall make a finding based upon the size, scale, and location
of these activities that the proposed parking lot will not adversely affect adjacent residential uses
or the residential character of the neighborhood.
Cross Reference: Use Conditions, Chapter 163.
H:I USERSICOMMONIDAWNYTEPORTSIPCI3-26-011jdchina.wpd
Planning Commission
March 26, 2001
CU00-37JD. China
Page 2.7
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Planning Commission
March 26, 2001
CU00-37J.D. China
Page 2.10
LSD 00-36.00
Page I
PC Meeting of 26 March 01
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS J.D.China,LSD
113 W. Mountain St.
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Sara Edwards,Ron Petrie P.E.
DATE: March 26,2001
Project: LSD 00-36.00:Large Scale Development (J.D. China, pp 520)was submitted
by Andy Feinstein of Engineering Design Associates on behalf of Jennifer Lee for property
located at 1740 W. 61 Street. The property is zoned C-2/R-2, Thoroughfare
Commercial/Medium Density Residential and contains 1.86 acres. The request is for a restaurant.
Findings: This property is located directly west of Burger King on Sixth Street. A lot split
was approved for this property on May 11, 2000 which split this property from property on the
west. The proposal is for a 6,200 square foot restaurant with a drive-thru and 58 parking spaces
A conditional use has been requested for additional parking and for parking in an R-2 zoning
district. Cross access has been provided to properties to the east and west. Enclosed as a part of
this packet is information relating to a Bill of Assurance that was executed as part of the rezoning
of this property in 1990.
Recommendation: Approval subject to the eleven (11) conditions listed below.
Conditions of Approval:
1. Planning Commission determination of compliance with the Tree Protection and
Preservation Ordinance. The requirement is 15%preservation of canopy in a C-2 zone
and 20%preservation of canopy in an R-2 zone. The applicant is proposing to preserve
21%of the entire site in tree canopy which will preserved in perpetuity with the granting
of a tree easement. This preservation area is located at the north end of the property in the
R-2 zone.
§167.05 TREE PROTECTIONINNEWSUBDIVISIONSLARGESCALE
DEVELOPMENTS, COMMERCIAL DEVELOPMENTSAND ON GRADING
B. Preservation Plan.
6. Removal. No landmark or rare tree shall be removed from land to be
developed unless the Landscape Administrator, who may seek consideration and
recommendation from the Tree and Landscape Advisory Committee, determines there is no
reasonable way the property can be otherwise developed, improved, or properly maintained and
the tree saved.
7. Significant to Site. The saving of a rare or landmark tree or a tree shown to
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.1
LSD 00-36.00
Page 2
be significant to the site shall be considered upon application for any variance under Chapter
156 of the UDO.
2. Approval shall be subject to Planning Commission approval of a Conditional Use to
allow 20 parking spaces in excess of that allowed by code for a total of 58 parking spaces
and for parking in a different zoning district.For a 6,200 square foot restaurant, 38
spaces are allowed(1 per every 200 feet plus an additional 200/o).
3. Bicycle parking racks shall be provided in accordance with §172.03 Bicycle Parking
Rack Requirements.
4. Planning Commission determination of a variance request from §169.02(C)(2)of the
grading ordinance which states, "The Maximum length of any cut or fill slope without a
terrace shall be one hundred feet as measured along the ground." The Engineering Staff
supports this variance request(See letter from applicant).
5. The freestanding sign shall not exceed fifteen feet in height and shall comply with the
sign ordinance.
6. Planning Commission determination of compliance with Commercial Design Standards
including signage. The applicant is proposing a brick and EFIS building with a metal roof
and a fifteen foot tall freestanding sign. Staff has advised the applicant that the sign on
the building will not be allowed to extend over the height of the roof.
§166.14 SITE DEVELOPMENTSTANDARDSANDCONSTRUCTIONAND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES.
D. Design Elements Guidelines for Commercial Structures.
1. The elements to avoid or minimize include:
a. Unpainted concrete precision block walls.
b. Square "boxlike"structures.
c. Metal siding which dominates the main facade.
d. Large blank, unarticulated wall surfaces.
e. Large out of scale signs with f ashy colors.
7. Plat Review and Subdivision comments (to include written staff comments mailed to the
applicant or his representative, and all comments from utility representatives-AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
8. 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.
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.2
LSD 00-36.00
Page 3
9. Sidewalk construction in accordance with current standards to include a six foot sidewalk
and a ten foot greenspace.
10. Large Scale Development approval to be valid for one calendar year.
11. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. Separate easement plat for this project
c. Project Disk with all final revisions
d. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by §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.
Background:
The proposed Large Scale Development was originally reviewed at the December 27, 2000 Technical
Plat review and was placed on hold by the applicant to resolve some drainage issues. The project was
presented again at the February 27, 2001 Technical Plat Review and the March 15, 2001 Subdivision
Committee meeting.
Discussion at the Subdivision Committee meeting included tree preservation, stormwater detention, and
Commercial Design Standards.
The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission
subject to all staff comments, including the determination of variance requests and commercial design
standards.
INFRASTRUCTURE:
a) Water. Existing.
b) Sanitary sewer. Existing.
C) Streets. Existing.
d) Grading and Drainage. A preliminary grading plan and drainage report has been submitted. A
final plan and report will be required prior to beginning construction.
PLANNING COMMISSION ACTION: —yes Required
Approved Denied
Date:
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.3
LSD 00-36.00
Page 4
Comments:
CITY COUNCIL ACTION: Required
Approved Denied
Date:
The "CONDITIONS OF APPROVAL",beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
by
title
date
Planning Commission
March 26, 2001
LSD00-36J.D. China
Page 3.4
03/12/2001 12:03 FAX 501 756 2129 ENGINEERING DESIGN ASSOC IA 002
401 RECEIVED
ENGINEERING DESIGN ASSOCIATES,P.A.
134 WEST EMMA AVENUER?•.R 1 201
SPRINGDALE, ARKANSAS 72764
501-756-1265 PLANNING DIV.
FAX: 50 1-756-E
-756-2 129
March 12,2001
Planning Commission
City of Fayetteville
Fayetteville,AR
RE: Large Scale Development
J.D. China Restaurant
EDA#0491
Dear Sir or Madame,
Development of this site requires considerable grading and site disturbance because of the steepness of the
existing ground.There is over twenty-five(15)feet of grade change across the developed area.The narrowness
ofthe tract of land also contributes to limiting the options in the site plan to provide adequate room to grade
for adequate vehicular movement and drainage. A continuous slope of over 100 feet in length will exist in the
drive aisle areas upon completion of the site improvements. We respectfully ask that the Commission waive
the requirements of section 169.02(C)(2)as it relates to length of cut slope.
Please call should you need additional information or have any questions.
Sincerely,
Andy Feinstein
Project Manager
AWFlawf
xc:file
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.5
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Sara Edwards
Associate Planner
From: Kit Williams, City Attorney
Date: March 7, 2001
Re: Bill of Assurance
After conferring with Jerry Rose and examining the Bill of Assurance
and the Decree from the Chancery Court declaring such Bill of Assurance
null and void, I believe we cannot enforce said Bill of Assurance. However,
the Court Decree clearly finds that the "property remains subject to any
Tree Protection and Preservation Ordinances implemented by the City of
Fayetteville."
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.6
Nov-28-00 05 :28P NICK#HILL GROUP, INC. 5011 1111 P.02
IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSAS
0
O
DOUGLAS T. LEE and JENNIFER S. LEE,
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HUSBAND AND WIFE rn
PLAINTffF8- v
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VS. CASE NO.: E 2000-1861
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FAYE SWANEY SOUTHERLAND DEFEND 4N ' i
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CONSENT DECREE
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Now on this,0`1 day of fasteber,2000, comes on to be heard in the above matter, and
the plaintiffs and defendant announces that they have stipulated and agreed as to a consent decree
herein and based upon their stipulations and the matters presented hereunder, the Court being well
and sufficiently advised in the premises finds:
1. That the defendant was duly served with service of summons in the time, manner and
form as prescribed by law.
2. The Court further finds and the parties do hereby stipulate that the defendant owns
the following real property situated in Washington i ounty, Arkansas, to-wit.
LOT 10 OF THE BERT LEWIS SUBDIVISION AS PER PLAT ON FILE
WITH THE CIRCUIT CLERK AND EX-OFFICIO RECORDER
OF WASHINGTON COUNTY, ARKANSAS, BEING A PART
OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHWEST
QUARTER (SW 114) OF SECTION SEVENTEEN (17), TOWNSHIP
SIXTEEN(16) NORTH, RANGE THIRTY (30) WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF SAID 40 ACRE TRACT, SAID
POINT BEING AN EXISTING IRON; THENCE WEST 200.18 FEET;
(RECORD=206.38 FEET); THENCE NORTH 225.42 (RECORD=200.00
FEET) FEET TO A SET IRON ON THE NORTH RIGHT-OF-WAY
OF WEST 6TH STREET(STATE HIGHWAY 180) AS SHOWN ON
THE CITY OF FAYETTEVILLE, ARKANSAS, MASTER STREET
PLAN FOR THE TRUE POINT OF BEGINNING, SAID POINT ALSO
BEING ON THE WEST LINE OF LOT ELEVEN (11) OF THE.
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.7
Nov-28-00 05 : 29P NICK*HILL GROUP, INC. 5011 1111 P.03
BERT LEWIS SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS; THENCE LEAVING SAID RIGHT-OF-WAY NORTH
495.65 FEET TO AN EXISTING IRON ON THE WEST LINE OF
SAID LOT ELEVEN (11), SAID POINT ALSO BEING ON THE
SOUTH RIGHT-OF-WAY OF MITCHELL STREET AS SHOWN
ON THE CITY OF FAYETTEVILLE, ARKANSAS, MASTER
STREET PLAN; THENCE N89059'33."W ALONG SAID RIGHT-
OF-WAY 153.38 FEET TO A SET IRON; THENCE LEAVING SAID
RIGHT-OF-WAY SOUTH 505.62 FEET TO A SET IRON ON SAID
NORTH RIGHT-OF-WAY OF WEST 6TH STREET; THENCE
N86017'16"E 153.70 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.77 ACRES, MORE OR LESS, FAYETTEVILLE,
WASHINGTON COUNTY, ARKANS AS_
3. The Court further finds and the parties do hereby stipulate and the defendant consents,
that on or around September 18, 1990, she executed a Bill of Assurance, thereby placing upon her
property the restrictive covenants as set out in the complaint herein; that the aforesaid covenants were
placed upon the real property prior to any tree ordinances of the City of Fayetteville; that since that
time, the City of Fayetteville has made provisions for the Tree Protection and Preservation on C2
thoroughfare commercial property; that as a result of the change in the conditions as it applies to the
C2 thoroughfare property, the restrictions contained in the aforesaid Bill of Assurance are so
restrictive that they destroy its value for purposes for which the restriction was originally promulgated
to prevent; that said restrictions imposes an unreasonable restraint on the development of the property
herein and prevents the free alienation, sale and transfer of the aforesaid property as set out in the
plaintiffs' complaint; that by reason of the substantial change in the circumstances as set out in
plaintiffs' complaint and other matters presented herein, and the undue hardship and restriction
imposed upon the lands,the aforesaid Bill of Assurance executed by the defendant herein on the 12th
day of September, 1990, and filed for record on the 4th day of October, 1990, at 8:30 a.m. and filed
for record in Book 1387 at Page 726 through 728 in the Office of the Circuit Clerk and Ex-Officio
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.8
-- Nov-28-00 05_-29P-NICKOILL GROUP , INC . 5011 1111 P.04
Recorder of Washington County, Arkansas, should be declared null and void and held for naught
----leaving the aforesaid property subject to the Tree Protection and Preservation Ordinances of the City
of Fayetteville, Arkansas.
IT 1S THEREFORE CONSIDERED, ORDERED, ADJUDGED AND DECREED BY THIS
-C-0UR-T-that-the-Bili-of-Assurance executed by the defendant herein as hereimbove set out be and
the same is hereby declared null and void and held for naught and the Clerk of this Court be and she
is hereby directed to make any marginal notations necessary or to take other steps in order to
implement and carry out this order herein; that the aforesaid property remai b*ect to any Tree
Protection and Preservation Ordinances implemented by the ity of yettevi kansas.
IT IS SO ORDERED.
M CHANCERY JUDGE
PRO AST
P -G.-> TES,3R.---- — - -
------------
Attomeyf amtiffs—
GARY L. SON
Attorney for Defendant
Planning Commission
March 26, 2001
LSD00-36JD. China
Page 3.9