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2004-08-09 - Agendas - Final
FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISION Monday,August 9,2004,5:30 p.m. Room 219,City Administration Building The following items will be considered: Approval of Minutes from the 07/26/2004 meeting. New Business: 1. ADMINISTRATIVE ITEM: Adoption of the Downtown Master Plan Planner: TIM CONKLIN 2. PPL 04-1143: Preliminary Plat(ESTATES AT SALEM HILLS PH. II,205): Submitted by TOM HENNELLY for property located at SALEM ROAD,NORTH&WEST OF PHASE I. The property is in the Planning Area and contains approximately 140.58 acres. The request is to approve a portion of a residential subdivision with all or portions of 16 single family lots inside the Planning Area and the remaining 40 lots in the county. Property Owner: GAIL STREIGLER Property Owner: KEITH STREIGLER Submitted on behalf of .GERALD TOMLINSON Planner: SUZANNE MORGAN 3. CUP 04-1140: Conditional Use(KANTZ PROFESSIONAL BUILDING,371): Submitted by MEL MILHOLLAND for property located at HWY 265, CROSSOVER ROAD, S OF 2755 KANTZ DRIVE.. The property is zoned R-Q RESIDENTIAL OFFICE and contains approximately 0.52 acres. The request is to approve 4 residential units on the second floor of an approved commercial project. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN 4. CPL 04-1160: Concept Plat(GRAVES/VAWTER FOR A PZD,208): Submitted by MEL MILHOLLAND for property located at HWY 112 NORTH FROM I-540 APPROXIMATELY 0.30 MILES. The property is zoned R-A,RESIDENTIAL- AGRICULTURAL and contains approximately 125.98 acres. The request is to review a Concept Plat for a future Planned Zoning District. Property Owner: GRAVES Property Owner: VAWTER Submitted on behalf of'. TRACY K.&LORI C.HOSKINS Planner: JEREMY PATE 5. CUP 04-1130: Conditional Use(WAL-MART @ MALL AVE.STOCKROOM, 173): Submitted by CEI ENGINEERING ASSOCIATES,INC.for property located at 3919 N.MALL AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL,and contains approximately 24.93 acres. The request is to approve a detached stockroom for warehousing/storage, with the associated Large Scale Development. Property Owner: WAL-MART STORES,INC. Planner: SUZANNE MORGAN 6. LSD 04-1129: Large Scale Development(WAL-MART @ MALL AVE STOCKROOM,173): Submitted by CEI ENGINEERING ASSOCIATES,INC.for property located at 3919 N MALL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 24.93 acres. The request is to approve a 15,607 s.f. stockroom, 109 space parking lot a glass canopy addition at the existing garden center and a trail connection to the new city bike path. Property Owner: WAL-MART STORES,INC. Planner: SUZANNE MORGAN 7. RZN 04-1145: Rezoning(COBB/WESTPHAL,557/596): Submitted by CRAFTON,TULL&ASSOC.for property located at S OF HWY 62,W OF LOWE'S. The property is zoned C-2,THOROUGHFARE COMMERCIAL,R-O,RESIDENTIAL OFFICE, RMF-24,RESIDENTIAL MULTI-FAMILY—24 UNITS PER ACRE,AND RSF4,RESIDENTIAL SINGLE-FAMILY—4 UNITS PER ACRE,and contains approximately 8.36 acres. The request is to rezone the subject property to C-2,Thoroughfare Commercial Property Owner: COBB BROS.&WESTPHAL,LLC Planner: SUZANNE MORGAN All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data _ are open and available for inspection in the office of City Planning(575-8267), 125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chairman B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Response by Applicant/Questions &Answer with Commission F. Action of Planning Commission(Discussion& Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item 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, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2004 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Loren Shackelford Sean Trumbo Christian Vaught PPL 04-1143 Page I FAYETTEVILLE PC Meeting of August 09, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 Telephone:501-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning&Development Administrator DATE: August 4,2004 PPL 04-1143: Preliminary Plat(ESTATES AT SALEM HILLS PH. II): Submitted by TOM HENNELLY for property located at SALEM ROAD,NORTH&WEST OF PHASE L The property is in the Planning Area and contains approximately 140.58 acres. The request is to approve a portion of a residential subdivision with all or portions of 16 single family lots inside the Planning Area and the remaining 40 lots in the county. Property Owner: GAIL STREIGLER& KEITH STREIGLER Submitted on behalf of: GERALD TOMLINSON Planner: SUZANNE MORGAN Findings: Proposal: The applicant requests approval of a preliminary plat for a 56-lot residential subdivision on approximately 140.58 acres, named The Estates at Salem Hills Phase II. This proposed subdivision is located north of Salem Rd and east of Rupple Rd. Phase I of the Estates at Salem Hills is adjacent to the subject property to the east. The southern portion of the property containing all or portions of lots 1-13, 32, 55, and 56 are located within the Planning Area. The remaining lots are located within Washington County for which design standards are not applicable. Connectivity to this subdivision is being provided from Phase I of this subdivision on Cedar Ridge Lane. Additional connectivity is provided to the west and a proposed future connection to the north. Surrounding Zoning: County,no zoning. Surrounding Land Use: Vacant, single family residential and agricultural Water: Water shall be extended to serve this development. Sewer: Individual septic systems are proposed. This lot is less than 1.5 acres and will therefore require a conditional letter of approval from the Washington County Health Department prior to approval of the preliminary plat and permits prior to the approval of the final plat. Tree Preservation: N/A, County K.Teportsl2004WCReports108-09-041PPL04-1143(Estates at Salem Hills Ph.II).doc August 09,2004 Planning Commission PPL 04-1143(Estates at Salem Hills Ph.II) Page 2.1 PPL 04-1143 Page 2 Parkland Dedication: N/A, County Right-of-way being dedicated: Rights-of-way shall be dedicated in accordance with County requirements. No Master Street Plan streets are designated in this location. Street Improvements: None Recommendation: Staff recommends PPL 04-1143 be approved with the following conditions: Conditions of Approval: 1. Prior to Planning Commission approval of the preliminary plat, a conditional letter of approval for individual septic systems on those lots less than one and one-half acre within the Planning Area(lots 8, 9, 10, 12, and 13) shall be obtained from the county and submitted to the Planning Division for review. Should the applicant not be able to provide conditional approval from the Arkansas Department of Health prior to Planning Commission approval, the number of lots shall be reduced to provide a minimum 1.5 acres per lot. 2. Prior to final plat approval, individual septic system approval shall be obtained from the County for those lots having a gross area of less than one and one-half acre. A permit for individual septic systems must be granted by the Arkansas Department of Health for each proposed lot in this size category. 3. Verify location of existing septic system on lot 5. 4. Verify 75' width at building setback of lots with less than 75' frontage. 5. A property line adjustment to create the western boundary of lot 55 shall be filed with the county prior to final plat approval. 6. Approval from Washington County Planning shall be obtained for this preliminary plat. Standard Conditions of Approval: 7. 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) 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. K..Reports t2004TCReportsIO8-09-041PPL04-1143(Estates at Salem Hills Ph.11).doc August 09,2004 Planning Commission PPL 04-1143(Estates at Salem Hills Ph.II) Page 2.2 PPL 04-1143 Page 3 9. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: August 09,2004 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K.IReports120041PCReports108-09-04WPL04-1143(Estates at Salem Hills Ph.11).doc - August 09,2004 Planning Commission PPL 04-1143(Estates at Salem Hills Ph.II) Page 2.3 PP`04-1143 ESTATES AT SALEM HILLS PH. II Close Up View e- [ Csm('� nl m tyvy `eyy' >rr n �` +R 'sat . * i , NW- 11�� w.< 3 Overview Legend ®0008 Ov ay District Principal Atonal —FLOODWAY - xF Master Street Plan Minor Artenai -100YE R Master Street Plan Collector ---_MO YEAR >� Free Ia xpressway *1N ftWft CIllaMr LIMIT OF STUDY - Baseline Profile RM Y PPL04-1143 O Fayetteville August 09,2004 Omaiae City Planning Commission PPL 04-1143(E4tates at Salem Hills Ph.I1) 0 300 600 1,200 1,800 21400 Page 2.4 Feet PPS04-1143 ESTATES AT SALEM HILLS PH. II Once Mile View amg r� � # � tuy f' L' -vuF�J k' �^l. ✓ q v "-tNt�ip a moi'a {ss� 'v c's t= 5•r fit%' c rs v � k S'a 3j �-i">r � ''v �:�rYv�� e- �'rvn .. +� i•�„t°`prvY'`�.:'r 3V � gsn''�c� -£��� � XcN�tz°�.r�t�i �2'4^"u�i„ ' r�i '�J�)�r✓ ,y''a � � .>"y'%(� cf�x�sx5'� hf4� f+N. '��5�' F: `+*a� �f�t 5, p i `7• c+s6 §� � dd �� "fLr"+.�`''�' � tt,5 ��� cs v:�v 4r k'i '7-�,.,b � n`F'z 'v '"+ F, -f y, z a�� t l jj ' ` t l� -fl )`"J,d i F ''Y xx�.t5� xp� -r•?i ��ss �ti�a �y� ry $� wr ,. r � tx x a > - ' RSFd ✓, esu 2 Ss x ''n 4L � � -4n} �I1 T��1� Iq ✓=�s�'- P-1 RSFi '—` - Overview Legend ❑_ - Subject Property Master Street Plan PPL04-1143 Boundary Freeway/Expressway Pdwpal Mena) Streets �..r Planning Area - �000e� 41%y Minor Medal '1i Etlsting o Overlay District000. �� COIIecWr __, jPla°netl Outside City August 09,2004 Planning Commission 0 0.1 0.2 0.4 0.6 �NL 04-1143( states at Salem Hills Ph.It) Miles Page 2.5 PPL 04-1140 Page I FAYETTEVILLE PC Meeting of August 09, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 125 W. Mountain St - Fayetteville;AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P.,Zoning&Development Administrator DATE: August 4, 2004 CUP 04-1140: Conditional Use (KANTZ PROFESSIONAL BUILDING,371): Submitted by MEL MILHOLLAND for property located at HWY 265, CROSSOVER ROAD, S OF 2755 KANTZ DRIVE.. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.52 acres. The request is to approve 4 residential units on the second floor of an approved commercial project. Property Owner: KIRK ELSASS Planner: SUZANNE MORGAN RECOMMENDED MOTION: Staff recommends approval of CUP 04-1140 with the following conditions: 1. Compliance with all conditions of approval of VAR 04-05.00. 2. The conditional use permit shall be in accordance with submitted plans, information and conditions as set forth in the staff report, by reference. 3. A Certificate of Zoning Compliance is required to be issued. 4. A 6' sidewalk shall be constructed along Hwy 265 (Crossover Rd.) in accordance with the Master Street Plan and Sidewalk Coordinator's approval. 5. All new utilities shall be placed underground. 6. Screening of all trash, mechanical and utility equipment. 7. Commercial design standards shall be reviewed by staff at the time of building permit. K:VieportsL?0041PC Reporis108-09-04CUP 04-1140(Kanh Professional&dg):doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.1 PPL 04-1140 Page 2 PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: August 09.2004 Comments: The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property description: The 0.52-acre subject property is located on Crossover Road, two lots south of Kantz Drive. The R-O, Residential Office zoned site is currently vacant, along with the property.to the south, which is zoned C-1,Neighborhood Commercial. Kantz Place, an apartment complex, resides to the west of the subject property. Additionally,the Wal-Mart Neighborhood Market lies to the southwest, but is not directly adjacent to this property. Access is proposed from Crossover Road. On May 03, 2004, the Board of Adjustment approved a variance for the reduction of the rear setback requirement from 25 feet to 15 feet, a 10-foot variance with four conditions of approval. Proposal: The applicant is proposing to construct a two-story building, with professional office on the I"floor and four residential dwelling units located on the 2"d floor. Development requirements of the site include the provision of a future cross-access to property to the south and required parking. The developer pursued a variance to utilize a portion of the rear setback, along which a retaining wall is to be constructed, as buildable area. The zoning allows the developer to develop single or two-family residential units on this property; however; multi-family units are allowed within the Residential Office zoning district only as a conditional use. Request: The request is for a conditional use approval to allow four attached residential units, which falls under Use Unit 26,within the R-O zoning district. Recommendation: Staff recommends approval of the request for four attached residential units on the subject property. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Professional Office (Dr. Knowles) R-O, Residential Office South Vacant C-1, Neighborhood Commercial East Crossover Road(Hwy 265) R-O, Residential Office West Kantz Place Apartments R-O, Residential Office K.IReports12004PC Reports108-09-041CUP 04-1140(Kantz Professional Bldg).doe August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.2 PPL 04-1140 Page 3 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. Finding: The applicant has submitted a written application requesting a conditional use permit for a four attached residential units within the Residential Office zoning district. 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§161.15 (see attached) to grant the requested conditional use permit. K..,IRepor&120041PC Reports108-09-041CUP 04-1140(Kana Professional Bldg).doc August 09,2004 Planning Commission CUP 04-1140(Kautz Professional Building) Page 3.3 PPL 04-1140 Page 4 (b) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the requested conditional use will not adversely affect the public interest. Traffic volumes will not increase substantially. The use will be complimentary to the surrounding residential developments and further utilize the commercial services available in the area. (c) The Planning Commission shall certify: (i) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (ii) 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; Finding: Traffic will increase minimally along Crossover Rd in the morning and evening hours. Ingress and egress to the subject property will be provided to Crossover Rd. The construction of a 6' sidewalk is required along at the right-of-way or in a location approved by the Sidewalk Coordinator in order to provide a connection to adjacent existing sidewalks. (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: Parking is required in the amount of one per 300 square feet of professional office space and one per bedroom. The parking demands for the office and residential use will occur at varying times within the day. Sufficient parking is available to meet the needs of both the proposed residential units and office space. Adjoining properties should not be negatively affected by the proposed use. KlReports120041PC Repons108-09-04UUP 04-1140(Kan&Professional Bldg).doc August 09,2004 Planning Commission CUP 04-1140(Kautz Professional Building) Page 3.4 PPL 04-II40 Page 5 (c) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The temporary dumpster location, proposed to be on the driveway connection to the south, shall be relocated at the time of development of property to the south. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities shall be provided to serve the proposed development. Any new utility is required to be underground. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Screening is not deemed necessary for the intended use in this location. (£) 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: All signage for the proposed use shall comply with and be permitted pursuant to applicable Sign Ordinances, at the time of application. (g.) Required yards and other open space; and Finding: The subject property shall meet the requirements for the landscaping and open space as required by ordinance and subject to the approved rear setback variance. (h.) General compatibility with adjacent properties and other property in the district. Finding: The adjacent properties consist of primarily office and multi-family units. The proposal to utilize this site for both office and multi-family residential are compatible with the surrounding properties and zoning. K.-Weports120041PC Reports 108-09-04CUP 04-1140(Kaniz Professional Bldg).doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.5 PPL 04-1140 Page 6 161.15 District R-O,Residential Office park Townhouses: Development 10,000 sq.ft. (A) Purpose. The Residential-Office Individual lot 2,500 sq.ft. District is designed primarily to provide Single-family 6,000 sq.ft. Two-family 6,500 sq.ft. area for offices without limitation to the Three or more 8,000 sq.ft. nature or size of the office, together with Fraternity or Sorority I acre community facilities, restaurants and (3) Land area per dwelling unit compatible residential uses. Manufactured home 3,000 s .ft. (B) Uses Townhouses&apartments: No bedroom 1,000 sq.ft. One bedroom 1,000 sq.ft. (1) Permitted uses. Two or more 1,200 sq.ft. bedrooms Fraternity or Sorority 500 so.ft.Der resident Unit 1 Ci -wide uses by right Unit Government facilities (D) Density. Unit 8 Single-family dwellings Unit 9 - Two-family dwellings Unit 11 Manufactured home park Units per acre 1 4 to 24 Unit 12 Offices,studios and related services Unit 25 Professional offices (E) Setback regulations. (2) Conditional uses. Front 30 ft. Front,if parking is,allowed between the right- 50 ft. Unit 2Ci -wide uses by conditional use permit of-way and the building Unit 3 Public protection and utility facilities Side 10 ft. Side,when contiguous to a residential district 15 ft. Unit 4 Cultural and recreational facilities Rear,without easement or alley 25.ft. Unit 13 Eating laces Unit 24 Home occupations Rear,from center line of public alley 10 ft. Unit 26 Multi-famil dwellin s Unit 36 Wireless communications facilities (F) Height regulations. There shall be no (C) Bulk and area regulations. maximum height limits in R-O Districts, provided, however, that any building (Per dwelling unit for residential which exceeds the height of 20 feet shall structures) be set back with any boundary line of any RSF or RMF District an additional (1) Lot width minimum. distance of one foot for each foot of height in excess of 20 feet. - Manufactured home park 100 ft. pa within a manufactured home 50 ft.rk (G) Building area. On any lot, the area Single-family 60 ft occupied by all buildings shall not exceed Threeormore 90 ft. Two-family 60 ft. Three or 60%of the total area of such lot. (2) Lot area minimum. Manufactured home park 3acres Lot within a manufactured home If 4,200 sq.ft. K.1Reportr12004PC Reports 108-09-04CUP04-1140(Kautz Professional Bldg).doc August 09,2004 Planning Commission CUP 04-1140(Kautz Professional Building) Page 3.6 f(/ LI C.ampany REGISTRATIONS: engine 'i'g 9,Sew Yi y PE:AR, MO Melvin L. Milholland, PE, PLS PLS: AR June 24,2004 Project No. E-691 FAYETTBALLE 125 West Mountain Street Fayetteville,Arkansas 72701 ATTN: Jeremy Pate,Planning Division RE: KANTZ Professional Building previous request Var 04-05.00 Dear Jeremy: The attached Conditional Use application is requesting a density of 4 residential units for construction with this project A floor plan indicating the layout of residential units on the building's second floor are shown on the plat, 15 copies attached with completed application and application fee($100)from the Owner/Developer,Kirk Elsass. Grade adjustments have been made to the site development plan,maintaining the previously approved setback variance. It is my understanding that this request will be processed administratively and forwarded to the Planning Commission for final approval. Should you have any questions or require presence at any intermediate reviews,please advise. Sincerely, Milholla a pa Thomas M.Jeffcoat R Projects Manger cc:Kirk Elsass RECEIVED JUN 2 8 2004 CITY OF FAYETTEVILLE PLANNING DIVISION August 09,2004 Planning Commission 205 Wert(eater Street; Fayetteville,Arkansas 72741; Phone: (479)4434724; fax: (479)N43B1I1 J[4fMM ' WBuilding) Page 3.7 REGISTRATIONS: i„ee,zny. �T�wvet�in� PE: AR, MO Melvin L. Milholland, PE, PLS PLS:AR July 7,2004 Project No. E-691 FAYEITEVILLE 125 West Mountain Street Fayetteville,Arkansas 72701 ATTN. Jeremy Pate RE- KANTZ Plaza Grading Permit request Dear Jeremy: So that there is little confusion as possible, a request for a grading permit for the Kantz Plaza project is being submitted to Matt Casey, Engineering Division for processing. The request is so that preliminary site clearing and grading(removal of required excavated materials)may begin. Our client,Kirk Elsass, is disturbed in the processing time required on this project and would like to start preliminary grading in the interim while obtaining conditional use approval for four(4) residential units, application you have and are process for the Planning Comrnission meeting scheduled for August 9d. Any assistance you may provide in efforts to promptly obtain a grading permit is appreciated. Again,the submitting of a grading permit request, is to expedite preliminary clearing and grading activities. Should you have any questions, please call me. Thank you for your assistance and understanding of this project and request_ Sincerely, AM d Co Thomas M. Jefco ,RLA Projects Manger cc: Kirk Elsass,Kim Fugitt August 09,2004 Planning Commission 205 West(eater Street; fayetteAlle,Arkansas 72701; Phone: (419)443-4724; fax: (479)(f4314MP1141W 9 @p rtiielhoAtBuilding) Page 3.8 /{'JiULd Comrany REGISTRATIONS:—. CT Jurue�iru� _. _. - PE:AR, MO Melvin L. Milholland, PE, PLS PLS: AR . July 7,2004 Project No.E-691 - FAYETTEVILLE ---- '.. 125 West Mountain Street Fayetteville,Arkansas 72701 ATTN: Craig Carnagey,Landscape Administrator RE: KANTZ Plaza Grading Permit request Dear Craig: The above reference project is being submitted to Matt Casey, Engineering Division,for processing in request of a grading permit prior to applying for a building permit. The request is so that construction activities,preliminary site work,may be initiated. You have previously approved tree preservation plans for this project,during variance approval of building setbacks for construction on this site by the Board of Adjustments. The previous information is being resubmitted for your convenience and promptness in providing Matt Casey with your written concurrence in his issuing of a grading permit, preliminary site grading and tree removal. Jeremy Pate, Planning Division,processed the variance request and is aware of a conditional use request for four(4)residential unit above first floor office currently being processed should you need to reference other information. If there are any questions, or should you need additional information, please call me. Your helpful assistance with approval processing of this project is appreciated. Sincerely, Mil nd`Com . Thomas M.Jefcoat, RLA Projects Manger cc: Kirk Elsass,Kim Fugitt, Matt Casey,Jeremy Pate August f19,2004 Planning Commission 205 West Center Street; Fayetteville,Arkansas 72701; Phone: (479)443-4724; Fax: (479 443-41 7; -mai: Oen sw a .n 'Iding) age 3.9 FAYETTEVILLE BOA Meeting of May 03, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS - 125 W. Mountain St. Fayetteville,AR 72701 Telephone.(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Jeremy C. Pate; Associate Planner THRU: Dawn T. Warrick, AICP, Zoning&Development Administrator DATE: April 28, 2004 VAR 04-05.00: Variance (Kantz Plaza,Lot 1,pp 371)was submitted by Milholland Company on behalf of Kirk Elsass for property located at Lot I Block 2 of Kantz Plaza. The property is zoned R-O,Residential Office, and contains approximately 0.52 acres. The requirement is for a 25' setback. The request is for a 15'setback, a 10' variance. Planner: Jeremy Pate RECOMMENDATION: Staff recommends approval of the requested rear setback variance as shown on the submitted site plan and described herein with the following condition(s): 1. Approval of the setback variance shall not constitute development approval. The proposed site development shall be in compliance with current development regulations and within permitted uses identified within the Unified Development Code for the R-O,Residential Office district. 2. Structures shall not be constructed within utility easements. 3. All applicable permits must be obtained prior to the commencement of construction. 4. The temporary dumpster location,proposed to be on the driveway connection to the " south, shall be relocated at the time of development of property to the south. Tfe�e"t?(31YDI�')i77tT,$©jr L)P��01>� Itsted tirtLas��ep£oStlire accep€fid znYptal wttltouX exception,6�t¢e enht�re�uesting appxoval�ot'thts variance � � Y _ .rte . .. ..-����4 ,.......a.: 1 ..�' .�.f .'3 _.c:..drs � -.d. ..c ....:✓-iS � 1 K.-Weports120041BOA Reports105-03-041 VAR 04-05.00(Kautz Plaza,Lot l).doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.10 BACKGROUND: Property description: The 0.52-acre subject property is located on Crossover Road,two lots south of Kautz Drive. The R-O, Residential Office zoned site is currently vacant, along with the property to the south, which is zoned C-1,Neighborhood Commercial. Kantz Place, an apartment complex,resides to the west of the subject property. Additionally, the Wal-Mart Neighborhood Market lies to the southwest, but is not directly adjacent to this property. Access is proposed from Crossover Road. Proposal: The applicant is proposing to construct a two-story professional office building, potentially with residential dwelling units located on the 2nd floor. Development requirements of the site include the provision of a future cross-access to property to the south and required parking. The developer wishes to utilize a portion of the rear setback, along which a retaining wall is to be constructed, as buildable area. Request: The request is for a rear setback variance to accommodate the proposed office building. The property is zoned R-O,which requires a 25-foot rear setback. The applicant requests a reduction in the requirement from 25 feet to 15 feet, a 10-foot variance. A retaining wall along much of the site boundary is necessary to grade and construct the building. Portions of this retaining wall will alleviate the impact of the reduced setback. Ordinance Re uirement A licant's Request Rear setback (west 1 25' 15' (a 10' variance Surrounding Land Use/Zoning: Direction Land Use Zoning North Professional Office Dr. Knowles R-O, Residential Office South Vacant C-1,Neighborhood Commercial East Crossover Road Hwy 265) R-O, Residential Office West Kantz Place Apartments R-O, Residential Office GENERAL PLAN DESIGNATION Residential FINDINGS: § 156.02 ZONING REGULATIONS. Certain variances of the zoning regulations may be applied for as follows: A. General Regulations/Application. A variance shall not be granted unless and until an application demonstrates: 1. Special Conditions. That special conditions and circumstances exist which are KAReports120041BOA Reports105-03-041VAR 04-05.00(Kautz Plaza,Lot 1).doc August 09,2004 Planning Commission CUP 04-1140(Kautz Professional Building) Page 3.11 peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Finding: Development of subject site requires several retaining walls, in order to provide buildable area and maintain the existing grades of adjacent properties as required by ordinance. Property to the north and west are fully developed, and would be most impacted by the proposed offices.Directly to the west, the side on which the setback reduction is requested, an existing parking lot abuts the property, serving an apartment complex. Detrimental impact to this use of parking is not anticipated. 2. Deprivation of Rights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. Finding: Literal interpretation of zoning regulations would not permit the proposed building to be sited within the 25-foot rear setback. The building could be sited on the property within setbacks, however parking and greenspace would likely be reduced. Additionally,cross access to the south is important in the development of this property, to allow for circulation between developments without requiring vehicles to access onto Crossover Road. 3. Resulting Actions. That the special conditions and circumstances do not result from the actions of the applicant_ Finding: The requested rear setback variance is the result of the applicant's desire to construct the proposed office building. No development currently exists on the site. 4. No Special Privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160-165, to other lands, structures, or buildings in the same district. Finding: Granting the requested variances will not confer special privileges. The use of this property for professional offices is permitted by right in the R-O zoning district. R-O zoning also allows for two-family dwellings on the site as a permitted use, subject to development regulations. 5. Nonconforming Uses_ No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Finding: No nonconformities were considered as a basis of the findings stated in this KlReports120041BOA Reports105-03-041 VAR 04-05.00(Kantz Plaza,Lot 1).doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.12 staff report. § 156.02 C. Consideration by the Board of Adjustment. 1. Bulk and Area. Applications for variances of bulk and area requirements shall be considered by and may be approved by the Board of Adjustment. 2. Public Hearing. A public hearing shall be held. Finding: A public hearing is scheduled for Monday,May 03, 2004. 3. Findings. The Board of Adjustment shall make the following findings: a. Minimum Variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. (1.) Harmony with General Purpose. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony.with the general purpose and intent of Zoning, Chapters 160-165, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Finding: The proposed rear setback variance is the minimum variance necessary to accommodate the proposed structure. The property to the north is developed as a professional office, accessing onto Kantz Drive, and will not be affected by the setback reduction. The property to the west, most affected by the setback reduction,is developed as an apartment complex,with parking directly abutting the subject property.The proposed retaining wall along the western property line will alleviate much of the height of the proposed building in its closer location, and the use of the immediate adjacent area as parking is anticipated to be affected very little by the proposed setback.The reduction in rear setback from 25 feet to 15 feet, therefore,will not be injurious or detrimental to the public welfare. (2.) Reasons set forth in the application justify granting the variance, and that the . variance is the minimum variance that will make possible the reasonable use of the land,building, or structure. Finding: Reasons set forth in the application justify granting the requested variances (please see attached). b. Conditions and Safeguards. In granting any variance,the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. K-lReport02004180A Reports105-03-041VAR 04-05.00(Kautz Plaza,Lot 1).doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.13 Finding: Staff has recommended conditions for this request which are stated on page one of this report. C. No Variance Allowed. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under Zoning in the district involved, or any use expressly or by implication prohibited by the terms of the zoning regulations in said district. Finding: The use of this property for a professional office is permitted by right in the R-O zoning district. Two-family dwellings are also a use permitted by right in the R-O zoning district, should the applicant develop the second floor into two residential units. K:Vtepore;120041BOA Reports 105-03-041VAR 04-05,00(Kana Plaza,Lot I).doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.14 161.15 District R-O,Residential Office FFatemity uses: Development 10,000 sq:ft Individual lot 2,500 sq.ft (A) Purpose. The Residential-Office District is mil 6,000 sq-ft. designed primarily to provide area for offices Two-family - 6,500 sq.ft. without limitation to the nature or size of the more 8,000 sq.ft. office, together with community facilities, or Sorority 1acre restaurants and compatible residential uses. (3) Land areaper dwelling unit. (B) Uses. Manufactured home 3,000 sq-R Townhouses&apartments: (1) Permitted uses. No bedroom 1,000 sq.ft. One bedroom 1,000 sq.ft. Unit 1 Ci -wide uses b right Two or more 1,200 sq.ft. Unit Government facilities bedrooms Unit 8 Single-family dwellin 9s Fraterni or Sorori 500 so.ft.per resident 10610 1 Unit 11 Manufactured home park (D) Density. Unit 12- Offices,studios and related services 1 4 Units er ace 4 to 24 (2) Conditional uses. (E) Setback regulations. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Front 30 ft Unit 4 Guttural and recreational fadlifies Unit 13 Eating places Front,if parking is allowed between the right- 50 ft. - Unit 24 Home occupations of-way and the building - Unit 26 Mulfi-familydwellings Side 10 It Unit 36 - Wireless communications facilities - Side,when conti Iuous to a residential district 15 ft.Q u (C) Bulk and area regulations. Rear,from center line of public alley 10 ft. (Per dwelling unit for residential structures) (F) Height regulations. There shall be no maximum height limits in R-O Districts,provided, (1) Lot width minimum. however, that .any building which exceeds the height of 20 feet shall be set back with any Manufactured home park 100 ft. boundary line of any RSF or RMF District an Lot within a manufactured home 50 ft. ark additional distance of one foot for each foot of Single-family 60 ft. height in excess of 20 feet. Two-family 60 ft. Three or more 90 ft. (G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total (2) Loi area minimum. - area of such lot. Manufactured home paK3 acres Lot within a manufactured home 4,200 sq.ft. park K.-TeporLY120041BOA Reporls105-03-041VAR 04-05.00(Kautz Plaza,Lot 1).doc August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.15 Board of Adjustment May 3, 2004 Page 2 VAR 04-05.00: Variance (Kautz Plaza, Lot 1, pp 371) was submitted by Milholland. Company on behalf of Kirk Elsass for property located at Lot 1 Block 2 of Kautz Plaza. - The property is zoned R-O, Residential Office, and contains approximately 0.52 acres. The requirement is for a25' setback. The request is for 15'setback, a 10' variance. Green' Welcome to the May meeting of the Fayetteville Board of Adjustment. Renee, can you call the roll please? Roll Call-. Upon the completion of roll call.there were five members present with Ms. Alt and Mr. Kunzelmann being absent. Green: The first item on our agenda is consideration of approval from the minutes of the April 5`h meeting. Did everyone get a chance to review those and are there any comments, changes or corrections that anyone would like to make? Nickle: One with the last page, in the motion it says"with the conditions lied and that should be listed. Other than that I don't have any problems with them. Green: Those minutes, as corrected, are approved. Under,new business item number one is a Variance request submitted by Milholland Company on behalf of Kirk Elsass. This is a request for a variance of setback_ Jeremy, can you fill us in on that? Pate` Yes Sir. Probably the best place to see exactly where this site is on this aerial photograph that kind of references some recognizable structures at least. The property is located on Crossover Road two lots south of Kantz Drive. The larger building you see of course is a Wal-Mart Neighborhood Market so it is in the vicinity of that. You can barely see it but there is a star on the actual lot_ To the north is a doctor's office building and to the west is the Kantz Place apartments with parking which is directly abutting this site in question. The property is zoned R-O, Residential Office and has approximately 0.52 acres. The requirement is for a setback of 25', a rear setback from that western side. The request that the applicant is making is a 15' setback, which is a 10' variance. Access to the property is proposed from Crossover Road as noted in the site plan with the development proposal. The applicant is proposing to construct a two story professional office building,with a potential for residential dwelling units located on the second floor. The development requirements of the site does include the provision of a future cross access to the property to the south which you will notice on that same aerial photograph has not been developed as of this time and also required parking for this development. The developer wishes to utilize a portion of that rear setback along which a retaining wall is to be constructed as buildable area. Surrounding properties are zoned primarily R-O with the exception of C-1 to the south 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.16 Board ofAdjustment May 3, 2004 Page 3 which is the only area that is not developed at this time. Development of this site, as you can see in site plans, will require several retaining walls around most of the site to actually grade it and then keep the existing grade of the property lines in order to provide buildable area and maintain the existing grades. Properties to the north and west, as I mentioned, are fully developed and would most likely be the most impacted by proposed offices as well as the reduced setback request. Again, directly to the west, in which the setback reduction is requested, is an existing parking lot so it won't have any detrimental impact. Detrimental impact to this use as a parking lot is not anticipated with the setback reduction request. Literal interpretation of zoning regulations would not permit the proposed building to be cited within this 25' rear setback. The building could likely be cited on the property within given setbacks. However, it would most likely compromise parking and greenspace and they would most likely be reduced, as well as the potential for reducing that cross access to the south which is quite important in this area along Crossover Road to allow for as many cross access points as possible so that going from .one property to the next doesn't require getting back onto Crossover Road to do that. Granting this requested variance will not incur special privileges. The use of this property for professional office is permitted by right in the R-O zoning district. R-O also allows for two family dwelling units on this site as a permitted use. The proposed rear setback variance is the minimum variance necessary to accommodate this proposed structure. The applicant can probably go into further detail with that. Again, the property to the north and west are developed with the exception of the property to the south which is not. There is a retaining wall which will be up to 10' in height in portions along that western boundary as well. Staff is recommending approval of this variance request with four conditions. First; approval of the setback variance today shall not constitute development approval. The proposed site development shall be in compliance with current development regulations and within permitted uses identified in the UDC for the R-O, Residential Office district. Second, structures shall not be constructed within utility easements. Third, all applicable permits must be obtained prior to commencement of construction. That is just a standard condition. Fourth, there is a " temporary dumpster location proposed to be on the driveway connection to the south that shall be relocated at the time of the development of the property to the south. Green: As_a point of clarification, there was something in the literature here that said it was near the Wal-Mart property but not adjoining it. Does that mean.that that strip of property along Crossover Road there south of this property is not part of the Wal-Mart Market? Pate: I believe the applicant may be able to answer that question. August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.17 Board of Adjustment May 3, 2004 Page 4 Jefcoat: That is part ofKantz Center. Green: That is the property that the access is going to go to? Jefcoat: Yes for future development. I understand that that strip in the front or along Crossover Road adjacent to the Neighborhood Market Center does have potential to be developed at some point. Green: Do you have anything to add? Jefcoat: No, I think Jeremy did an adequate job in explaining everything to you. I think that it pretty straight forward but I will be glad to answer any other questions that you may have. Green: You are Mr. Jefcoat for the record? Jefcoat: Yes. Green: Are there any questions? It is a fairly steep site, heavily wooded. Jefcoat: It is a very steep site and we've tried to maintain usable grades by adding a series of retaining walls. There will be a retaining wall up to the building and behind the building is another retaining wall_ I think we've given cross sections of what it is going to look like. Kohler: Can you explain what problems you would've moved into had you just shifted the building on the site plan to where it is within the setback? Jefcoat: We would not have had adequate parking and the cross connection to the south would have been compromised. We probably could've kept that cross connection but we would've given up all the required parking. Kohler: Are those minimum radiuses that are on your driveway? Jefcoat: Yes. Green: Are there any further questions or comments? Nickles Do you know if the developer already has a tenant that required this size building? Jefcoat: No I do not. I do not know the tenants at this time_ I've not been privileged with that information. I do think that he has a potential user for the office area but I just don't know who it is. An additional 10' would've made the grades quite steep too. When you get a parking lot at 10% grade, or right at 10%grade your car doors won't stay open. August 09,2004 Planning Commission CUP 04-1140(Kantz Professional Building) Page 3.18 Board of Adjustment May 3, 2004 Page 5 Kohler: There is nothing keeping the building from being 10' smaller. That must've been the maximum size to make the business deal work. Jefcoat: Yes, that's true. It is the optimal size for that size lot to make it work and also the building is comprised somewhat in less space in the fact that it has interior vistas rather than outside. You come into the building before you enter the office building. The opening on the south side there where it looks like a stoop is actually an entranceway into the office. I think your elevations show that. Do you have an architectural rendering of the proposed building? Pate: I don't believe so_ Kohler: I guess another way to ask the question is if this building were 10', if you changed the dimension of the building to 54.5' of the building to 44:5' would be in compliance with setbacks and would you still have the same challenges? Why couldn't we just say "Oh, if you make the building smaller then you are within the setback"? Jefcoat: A smaller building doesn't make it feasible to develop the lot. That's where that size comes up. Nickle: I see your point. I would think that could be construed like that. I guess the way I'm looking at it is they own the property to the west that would be most impacted by the reduced setback anyway and it is just a parking lot there and there is going to be a pretty significant retaining wall so that gives you more of a visual separation so from that standpoint I don't have a problem with it, Green: Is there further discussion? I will entertain a motion. MOTION• Nickle: I would move that we approve the Variance request with all of the staff requirements and conditions. Andrews: Second. Green: There has been a motion and a second to approve the Variance request including staffs recommendations. Is there any further discussion? Would anyone from the audience wish to speak? Shall the Variance request pass? Roll Call: Upon the completion of roll call the motion to approve VAR 04-05.00 was approved by a vote of 4-1 with Mr. Kohler voting no. August 09,2004 Planning Commission CUP 04-1140(Kautz Professional Building) Page 3.19 CUP04-1140 KANTZ PROFESSIONAL BUILDING Close Up View �''� \ f i COPPER OAKS PtZ I RSF-4,,� 14 I I I ! RMF-24 1 j ---------- ---- j — I I I j �.,&U68ECT PRy QFER7z1' I 1 I i RSF-4 i R-O I j I i I I I I I R-0 - I � I � I I I I I 1 I. 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RSF>x tIII x \ I�s. _`l•`' GtlF6SEAA #� :s - ,. �a�k P-tE-MLI I I I'L j RSFk �-- YX t^ +-� SHA lSF ' if ' F-y it 4 �j f RSFIrl rj-- ! it- - — t Tom*- Overview _ Legend Subject Property Master Street Plan - ❑ CUP04-1140 Boundary F...y1E:,,,a.y Streets y+Planning Area Pnnapal Menai 8n Minor Mesal &isnng nn�Oveday District s� colectar UG Plannetl Outside City Risanc Colleder Augustust 09,2004 - Planning Commission 0 0.1 0.2 0.4 0.6 (FkP 04-1140 antz Professional Building) Miles Page 3.21