HomeMy WebLinkAbout2008-12-08 - Agendas - Final ayve T"r
ARKANSAS 113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,December 8,2008,5:30 p.m.
Room 219,City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chair
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Questions&Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak, representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. Please keep
your comments brief,to the point, and relevant to the agenda item being considered so that everyone
has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning
Commission.
2008 Planning Commissioners
Sean Trumbo
Lois Bryant Matthew Cabe
James Graves Porter Winston
Andy Lack Christine Myres
Jeremy Kennedy Jill Anthes
•
ayve evl le FINAL AGENDA
ARKANSAS
The City of Fayetteville, Arkansas
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,December 8, 2008, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Consent Agenda:
1. Approval of the minutes from the Monday,November 24, 2008 meeting.
Unfinished Business:
2. CUP 08-3123: (PBI MEDICAL, INC., 563): Submitted by JEFF & THOMAS BROWN for property
located at 685 HUNTSVILLE ROAD. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 0.37 acres. The request is for medical oxygen storage in the Downtown General zoning
district, a change from one non-conforming use to another. Planner: Jesse Fulcher
New Business:
3. LSD 08-3133: (TWIN CREEKS VILLAGENAN ASCHE, 172): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at LOT 20, CMN BUSINESS PARK II PH. III,NE OF
GREGG AND VAN ASCHE. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and
contains approximately 5.85 acres. The request is for four 7500 s.f. office buildings with associated
infrastructure. Planner: Jesse Fulcher
4. CUP 08-3158: (WILKINS / S. ARCHIBALD YELL, 523): Submitted by COLLIN WILKINS for
property located at 275-2 SOUTH ARCHIBALD YELL BOULEVARD. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 0.33 acres. The request is for a Tattoo Shop in the
DG,DOWNTOWN GENERAL, zoning district. Planner: Data Sanders
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 patties 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.
Ta'yett�—fl PC Meeting of December 08, 2008
:KAN.SAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate,Director of Current Planning
DATE: December 3, 2008
CUP 08-3123: (PBI MEDICAL, INC., 563): Submitted by JEFF & THOMAS BROWN for
property located at 685 HUNTSVILLE ROAD. The property is zoned DG, DOWNTOWN
GENERAL and contains approximately 0.37 acres. The request is for medical oxygen storage in the
Downtown General zoning district.
Planner: Jesse Fulcher
BACKGROUND:
Background: The Planning Commission tabled the subject request on October 27,2008 to allowthe
applicant time to address noise issues related to the venting and of the liquid oxygen tank. Often the
tank was automatically venting due to pressure increases inside the tank. Additionally,the tank was
being vented manually by the delivery driver while refilling the tank. To address these two issues,
the applicant had the pressure coil that controls automatic venting recalibrated and removed the
controls that allowed manually venting. The applicant has stated that recalibrating the venting coil
has effectively eliminated automatic venting. However,in the rare case that the tank does vent,the '
applicants have installed a vent muffler,which according to the manufacturer will reduce the venting
noise by 70%. The applicants have also installed sound proofing insulation over and around the-
oxygen pump to further reduce any secondary noises generated from operation of the tank.
Property Description: The subject property is located at the southwest corner of Huntsville Road and
Morningside Drive and is zoned Downtown General. The property was previously zoned C-2,
Thoroughfare Commercial, but was rezoned after adoption of the Walker Park Neighborhood Master
Plan.
There is an existing 3,000 sq. ft. metal building on the property that was built in 1994 prior to the
adoption of commercial design standards. Based on the building permits between 1994 and 1996, it
appears that the predominant use of the building was for warehouse space, with a small portion of the
building dedicated to office space (see attached permits). The property owner has submitted a list of
businesses that have occupied the building since it was constructed,which include a gas powered pump
manufacturer,wholesale furniture warehouse and a carpentry business. Surrounding land use and zoning
is depicted in Table 1.
KlReportW 0081PC ReportA23-December 081CUP 08-3123(PBI Medical).doc
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 1 of 20
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-family RMF-24, Multi-family Res.—24 units/acre
South Multi-family DG, Downtown General
East Single-family RSF-4, Single Family Res.-4 units/acre
West Commercial DG, Downtown General
Proposal: The applicant requests approval of a conditional use permit for a change in an existing
nonconforming use from the previous carpentry business to a medical grade oxygen facility(Use Unit 21)
in the Downtown General zoning district at 685 Huntsville Road. Per UDC Section 164.12(E)(3), an
existing nonconforming use may be changed to another nonconforming use with conditional use approval
by the Planning Commission.
Public Comment: A property owner on an adjacent street was present at the previous Planning
Commission meeting and stated concerns regarding noise from the operation of the bulk oxygen tank.
RECOMMENDED MOTION:
Based on the findings within the report, staff recommends approval of CUP 08-3123 with the
following conditions:
1. -Planning Commission determination of a variance from Chapter 166.14(D)(4)(a)to allow,only
partial screening of the bulk oxygen tank. Staff recommends in favor of the request as noted
herein, with the condition that slats are inserted the full length and height of the existing chain
link fence and that the entire bulk oxygen tank and slats are painted to match the building.
2. The hours of operation shall be limited to Monday through Friday, 8:00 AM to 5:00 PM.
3. The owners shall continue to monitor employee practices and enforce an operating procedure that
attempts to eliminate automatic venting.
4. The outdoor storage of materials,other than the single bulk oxygen tank shall be prohibited. All
materials related to the subject business shall be stored inside the principal building, unless
otherwise approved by the Planning Division.
5. Employees shall make every effort to conduct tank sorting,stacking,etc.,with the side doors of
the facility closed.
6. Future expansion or change of the proposed use or redevelopment of the site shall require
Planning Commission approval of a separate conditional use request.
7. Upon receiving a valid complaint that the holder of the conditional use is violating any term or
condition of the conditional use permit,the Planning Department may refer the conditional use to
the Planning Commission for review. The Planning Commission may amend or add conditions to
the permit,may reaffnin the condition use, or revoke the conditional use in its entirety.
K..-IRepor&120081PCRepor&123-December 081CUP 08-3123(PBIMedica[).doc
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 2 of 20
8. The applicant shall obtain written approval from the Building Safety and Fire Departments
for an oxygen storage facility with 90 days from the date of Planning Commission approval
of the conditional use. Should approval not be obtained within the allowed time limit,the
conditional use approval shall be rendered null and void.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied O Tabled
Motion:
Second:
Vote:
Date: December 08,2008
GENERAL PLAN DESIGNATION: City Neighborhood Area/Complete Neighborhood Plan
Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically authorized to
pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a conditional use
should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are appropriate
under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent of this
chapter.
C. A conditional use shall not be granted by the Planning Commission unless and until:
1. A written application for a conditional use is submitted indicating the section of
this chapter under which the conditional use is sought and stating the grounds on
which it is requested.
Finding: The applicant has submitted a written application requesting a conditional use for a
change in nonconforming use from the previous carpentry service to a medical
oxygen storage facility within the Downtown General 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
K.IReportd20081PCReportsl23-December 081CUP 08-3123(PBIMedicalJ.doc -
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 3 of 20
Finding: The Planning Commission is empowered under§164.12(E)(3)to grant the requested
conditional use.
(b.) That the granting of the conditional use will not adversely affect the
public interest.
Finding: The property has been used for a variety of industrial type uses over the past 20
years including manufacturing, warehousing and most recently as a carpentry
business. Granting a conditional use permit to allow for a medical oxygen tank
storage business would allow the continued industrial use of the property;however,
with a use that is likely more appropriate and more compatible than previous uses.
In addition to standard conditions to ensure that materials are stored inside and
that screening is in place adjacent to residential uses, staff has also included
conditions regarding the hours of operation, and for the continued use of noise
abatement procedures. These conditions should allow for the continued operation
of the business without adversely affect the public interest. The front approximately
600 sq. ft. portion of the existing building will continue to be used for office space,
and the rear 2,400 sq. ft. warehouse area will continue to be used for material
--
storage,consistent with previous tenants. In addition,the business operates under
the authority of the Arkansas State Board of Pharmacy, the U.S. Food and Drug
Administration,and the U.S.Department of Transportation.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: N/A.
(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;
Finding: Currently,the property has access to Huntsville and Morningside. No changes to
access are proposed or needed with this change in use. Staff does not find that
street or sidewalk improvements are warranted with this application as the
property has been historically used for commercial business and the change in use
will not generate additional impact to the roadway system.
(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
K:IReportr120081PCRepor1s123-December 081CUP 08-3123(PBIMedical).doc
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2 -
Page 4 of 20
adjoining properties and properties generally in the
district;
Finding: As described in Finding No.2 above,the existing off-street parking lot and access
into the property is not proposed to be changed and is adequate for the proposed
use. Customer parking is available in front of the building in the existing parking
lot. No economic, glare or odor effects should be generated by the proposed use.
By installing a muffler system,surrounding the pump motor with sound proofing
insulation,and implementing operating procedures that reduce the need for venting,
undesirable noises should not be generated.
Any new outdoor lighting shall meet the requirements of the Outdoor Lighting
Ordinance and cut sheets of any new light fixtures shall be submitted to the
Planning Division for review prior to installation.
(c.) Refuse and service areas,with particular reference to
ingress and egress, and off-street parking and loading,
Finding: The existing refuse service shall not be altered without approval from the Solid
Waste Department. Any future refuse areas shall be screened with materials
compatible with, and complementary to, the principal structure with access not
visible from the street or surrounding residential properties.
(d.) Utilities, with reference to locations, availability, and
compatibility;
Finding: All necessary utilities currently exist to serve the development per ordinance
requirements.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: There is an existing 6'wood privacy fence along the south property line that screens
the commercial property from the adjacent residential district. There is also an
existing row of trees along the south and northeast property lines: Outdoor storage
of materials shall not be permitted unless adequate screening has been approved by
the Planning Department and installed on the property.
(£) 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 shall be reviewed for compliance with the underlying zoning districts,
and shall be permitted by a separate sign permit document prior to installation.
(g.) Required setbacks and other open space;and
K.IReports120081PCReporu123-December 081CUP 08-3123(PBIMedical).doc
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 5 of 20
Finding: N/A
(h) General compatibility with adjacent properties and other
property in the district.
Finding: The subject property was developed with a 3,000 sq. ft. metal building
predominantly to serve as warehousing space with ancillary office space for
employees and customer reception. As a result, previous tenants have operated
warehousing,wholesale and carpentry type businesses,which are suited for the
design of the building. The current tenant is continuing a similar business
operation by utilizing the warehouse area for small, portable medical oxygen
cylinder storage and the front office area for four employees. Given the previous
business operations,the proposed use is compatible with adjacent properties.
Additionally,the oxygen cylinders are delivered to area medical facilities and
therefore there are no customers visiting the site,resulting in lower traffic
volumes than other types of businesses that are allowed to operate on the
property.
Concerns regarding noise from the operation of the oxygen tank and associated
pump motor have been addressed through the installation of a vent muffler,
sound proof insulation and recalibrating the oxygen tank to reduce automatic
venting. Additionally, the ability to manual vent the tank has been removed.
K.WeporisI20081PCReports123-December 081CUP 08-3123(PBlMedicap.doc
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 6 of 20
Page 11
From: Jeff Brown <pbimedicml@mnucom>
To: <jfu|oher@ci iUn.orue>
Date: 11/3/20085:46P[W
Subject: PBI Medical
Jesse,
I wanted to take a moment to follow up on our telephone conversation earlier today by providing
you with a written list of the steps we intend to take in order to eliminate any noise complaints as a result '
i
ofour operations ot0D5Huntsville Road.
As of October 28th, we have initiated a new operational procedure for filling medical oxygen. Since
that time we have monitored the bulk storage tank for venting and have found that the new procedure has
eliminated the venting ofoxygen. Aaofthis date the tank has not vented once since the procedure was
initiated, and we will continue to monitor it in order to ensure that the tank does vent. While this change in `
procedure has slowed our production slightly, we have determined that it will have no overall negative '
effect onbusiness operations.
Despite the fact that we have eliminated venting during the filling process, it is still possible, `
however unlikely, that the tank could vent in order to equalize pressure on rare occasions. Therefor, we
have elected to invest in and install a whisper vent muffler on the tank vent. According to the
manufacturer this muffler will reduce the sound of venting heard by the human ear by 1,000 times.
Finally, on the subject of venting, I would like to address the issue of venting during the process of
refilling the bulk tank. The bulk tank is refilled by a transport truck once a month. Previously, during this !
refilling process the bulk tank was vented during filling. This was done tospeed the process inorder to
reduce the amount of time the driver spent refilling so he could get back on the road more quickly. | have |
spoken with our bulk oxygen vendor about the situation and they have agreed that they will nolonger vent /
the bulk tank during the filling process. Additionally, they have agreed toschedule deliveries only during �
normal business hours. Effectively eliminating any possibility of late night or early morning deliveries.
The next subject I would like to address is the sound made by our oxygen pump. The pump ia .
driven by an electric motor, and is only run for a few minutes during the production process. The pump is |
only run anaverage ofthree nrfour times per day. |norder toassess the noise level, wmturned onthe �
pump and listened to it from across the street, without the presence of traffic. The pump could beheard
from across the street. We then went up one block to the area where the citizen who voiced a complaint
about the noise lives and wmcould not hear the sound ofthe pump atthat distance. However,m/ointend
tntake the following steps tofurther reduce pump noise. VVowill beinstalling nsound proofing insulated '
cover over the pump, per the pump manufacturers instructions. This will dramatically reduce noise from
the pump. Additionally, we will install a three inch thick insulated wall on the east side of the bulk
tank. This insulated wall will be installed inside the fence behind the privacy slats that we have agreed to '.
install for aesthetic purposes, and will therefor not be visible from any direction to the public.
While I am confident that taking just some of the steps mentioned above will alleviate all noise
complaints, we intend to implement all of these remedies, not only to assure that there are no future
complaints, but also to demonstrate our sincerity to the commission of our desire to be good neighbors as
well uetocontinue tohave opositive impact onthe City ofFayetteville. |fyou have any further questions
please feel free tocontact me. Otherwise, | look forward toour meeting onNovember 5th at1O:0Oam.
Sincerely,
Tom Brown
PBI Medical, Inc.
Office 501-778-9282
December 8, `
Planning Commission
CUP ov'u1uoPBI Medical, Inc
Agenda Item
Page 7m2o
September 17,2008
City of Fayetteville
Planning Division
125 Mountain Street
Fayetteville,AR 72701
To whom it may concern,
This correspondence is a formal request from PBI Medical,Inc.for the issuance of a conditional
use permit for our present place of business located at 685 E.Huntsville Road Fayetteville,Arkansas
72701_
PBI is a medical supply company,supplying medical grade oxygen to more than forty home health
care companies in Arkansas and Missouri. Our Fayetteville location is a 3,000 square foot building
comprised of 600 square feet of office space and 2,400 square feet of warehouse space. Parking for
fourteen vehicles is provided,which is three times the mumberrequued by city code. Our hours of
operation are 8:00 am to 5:00 pm Monday through Friday. We are closed on weekends and holidays. We
currently employ four personnel at this location. We do not receive any clients or customers at this
location_
PBI is a small,family owned and operated company that is new to the northwest Arkansas area.
We chose Fayetteville as our northwest base of operations due to the city's obvious progressive growth,
cleanliness,and it's proximity to our customer base. We have invested approximately$15,000.00 in our
Fayetteville facility. It would not be possible to recoup this money,nor do we have the money to relocate in
the event that our request is not granted. Additionally,our four Fayetteville employees would lose their
ability to provide for their families in the event that we were required to cease conducting business at our
current location.Most likely we would be unable to provide critical medical oxygen to our customers. The
loss of customers and thea accompanying revenue in the northwest area would likely have such a
tremendous impact on our company that we would most likely be forced aut of business,which would result
in the loss of an additional eight jobs. I would like to request that you please keep this information in mind
as you make your decision to grant PBI a conditional use pemuik
Previous businesses that have occupied the facility we currently operate from have been commercial
warehousing,construction and carpentry,and pump manufacturing and repair. PBI operates in accordance
with,and under the oversight o€the Arkansas State Board of Pharmacy,and the U.S.Food and Drug
Administration. As a result we operate a clean,safe,state of dw art facility,and have done so since January
of 2008. The building we occupy on Huntsville road is one of the nicest,cleanest and most well maintained
in the area. If given the opportunity,we fully intend to continue to invest in the revitalization of the
landscape and parking areas around our Beelity in order to maintain a positive image an a company,as well
as for the purpose o€beWg good stewards of our new community.
I would like to thank you in advance for your time and attention to this critimlly important matter.
Sincerely,
Thomas Brown III
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 8 of 20
Jul 09 08 02:21p p.2
P.B.I. Medical, Inc.
3319 Winchester Drive
Benton,Arkansas 72015
07/09/08
To: City of Fayetteville
Planning Division
Attn: Jeremy Pate
This correspondence is in response to your request,dated 07/01/08,for additional information on
the repackaging of medical oxygen at our Fayetteville facility located at 685 Huntsville Road. In your letter
you inquired as to the use of oxygen tanks inside and outside of the facility,as well as the release of
objectionable odors,and the potential for explosion. This following information should address those
issues.
The process of repackaging begins outside the facility at the main storage tank. This tank contains
liquid oxygen,which is classified by the U.S-Department of Transportation as a Division 2.2 Non-
flammable inert gas. The tank is maintained and inspected daily,and is fully fenced and secured within the
guidelines of the U.S.Department of Transportation,The National Compressed Gas Association and the
U.S.Food and Drug Administration. The liquid oxygen is passed through a vaporizer where it transforms
into a gaseous state. From there it travels inside the building to amanifold,where the oxygen fills;portable
medical oxygen cylinders,which have been inspected for safety prior to filling by trained,qualified
personnel in accordance with all state and federal guidelines. The process takes place in a closed system
and no oxygen or any other product is vented outside of the building during the process. Due to the design
of cryogenic liquid Wks,they naturally build pressure throughout the course of each day. The tanks are
fitted with pressure release valves that open and close automatically as needed, allowing oxygen in a
vaporous form to be released in order to keep the tank at a low pressure.This release of pressure is minimal
and perfectly normal,and does not pose a hazard. All cryogenic tanks,including the numerous ones
currently in use in Fayetteville area hospita]s,clinics,food processing plants,manufacturing facilities,and
the businesses of our competitors in Fayetteville work on this pressure release system. Additionally,there is
no odor produced by medical oxygen.
P.B.I.also operates facilities like the one in Fayetteville,in the City of Benton,Arkansas and the
City of West Monroe,Louisiana. We are licensed,certified and accredited by the U.S.Food and Drug
Administration,the U-S.Department of Transportation,the National Compressed Gas Association of
America and the State Boards of Pharmacy of Arkansas,Louisiana,and Missouri. We have always
operated our facilities with a perfect safety record and strive each day to continue to do so-
I hope that I have satisfactorily answered your questions and that you will be able to proceed with
the issuance of our Certificate of Zoning Compliance. if you have any additional questions or concerns 1
would be more than happy to discuss them you at any time,so please feel free to contact me. I would like
to thank you in advance for your time and attention to this matter.
Sincerely,
Je Brown
Safety and Compliance Officer
P.B.I.Medical,Inc.
501-779-9282 Office
501-326-0012 Mobile
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 9 of 20
P.O. BOX 1465• FAYETTEVILLE ARKANSAS 72702•(479)521-0209• FAX(479)521-4047
September 17, 2008
City of Fayetteville Planning Commission
125 Mountain Street
Fayetteville,AR 72701
RE: Zoning at 685 East Huntsville Road
Dear Sirs:
The property located at 685 E. Huntsville Road,Fayetteville, Arkansas has been
occupied by the following entities during the periods listed below.
Radford Equipment Company—Gas powered pump manufacturing
07-18-98 through 12-20-00
Precious Cargo—Wholesale furniture warehouse
11-17-02 through 01-11-05
Finntie LLC. —Carpentry Shop
02-13-05 through 08-30-07
PBI Medical, Inc. —Medical Supply
01-14-08 through present
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 10 of 20
P E R M I T A P P L I C A T I O N
This Form Was Printed On 11/21/94
PERMIT /; 94-04026 MASTER PERMIT 1: 94-04026
PROJECT /: 94- BDF DATE APPLIED: 11/21/14
REF f:
PROJECT ADDRESS: HUNTSVILLE RD. , 685 &
LOCATION: HUNTSVILLE RD. , 685 Dit LOT /: NA
SUBDIVISION: NA BLK 0: NA
OWNER NAME: ROSE, RICK PHONE: ( )-587-0087
ADDRESS: 741 HUNTSVILLE RD
CITY: FAYETTEVILLE STATE: AR ZIP: 72701
CONTRACTOR: WHITFIELD, BILL PHONE: { )-443-3504
ADDRESS: 1603 MAIN STREET
CITY: FAYETTEVILLE STATE: AR ZIP: 72703
ENGINEER: COX, DAVID
DESIGNER:
PROP. USE: OFFICE/WAREHOUSE
WORK: SETBACKS: 25,0,50,0 /SDIEWALK REQUIRED PER PLANNING
DESC:
VALUATION: 25250.00 FEES DUE: 200.75
FEES PAID: 200.75
SPECIAL CONDITIONS: WORK CLASS: NEW SQ. FTG: 6000
FIRE ZONE: OCCP TYPE: I
USE ZONE: C-2 CNST TYPE: IVU
APPLICATION ACCEPTED BY PLANS CHECKED BY APPROVED FOR ISSUANCE BY
N 0 T I C E
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS
NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED,
OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED
I HEREBY CERTIFY THAT I HAVE REED AND EXAMINED THIS DOCUMENT AND KNOW
THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAMS AND ORDINANCES
GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY
TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW
TING CONSTRUCTION OR THE PERFORNANCE OF CONSTRUCTION.
(S
rATURE OF CONTRACTOR OR AUTHORIZED AGENT) DATE
(APPROVED BY) DATE
December 8,2 8
n
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 11 of 20
COMMERCIAL ALTERATION/ADDITION
PERMIT : 96-02455 MASTER PERMIT 1: 96-02455
DATE ISSUED 06/19/96
PROJECT : 94- bDF REF 0:
City of Fayetteville, AR
PROJECT ADDRESS: HUNTSVILLE RD. , 685
LOT NA
I` SUBDIVISION: NA BLK #: NA
OWNER NAME: GOFF, DASH PHONE: (501)-521-6436
ADDRESS: P.O. BOX 1465
CITY: FAYETTEVILLE STATE: AR ZIP: 72702
CONTRACTOR: RADFORD EQUIPMENT CO PHONE: (5U1)-374-4825
ADDRESS: P.O. BOX 165070
CITY: LITTLE ROCK STATE: AR ZIP: 72216
ENGINEER:
DESIGNER:
PROP. USE: COMMS-RADFORD EQUIPMENT
(WORK: TENENT FINISH OUT RADFORD EQUIPMENT 2400 SQ FT HEATED AND UNHEATED
DESC:
VALUATION: 4,200.00 ( FEES DUE: 100.85
FEES PAID: 100.35
SPECIAL CONDITIONS: WORK CLASS: NTW SQ. FTG: 0
FIRE ZONE: OCCUP TYPE: S
USE ZONE: C-2 CONST TYPE: IVU
rFT
ATION ACCEPTED BY PLANS CHECKED BY APPROVED FOR ISSUANCE BY
* * * * * N O T I C E
ERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS
MMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED,
NDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW
THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES
GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN
OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE
OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING
CONSTRUCTIONTHJP PERFORMANCE OF CONSTRUCTION.
(SIGN.PYRE OF CqETRACTOR OR AUTHORIZED
-(AFFXVV1SLV BY)
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical;Inc
Agenda Item 2
Page 12 of 20
"I'&' I A.;
kevlRolglng e.;'.pproval
C,Vj Of Req'a
113 Siren, Da e —41
"L4� ;J'SJ* OK Da
FaYCteville,AIR 72701
Phone'.. 5758233 rIo od Zone 1
rEngir,lung
Date:
SITE ADDRESS::I�f� A 11/ CLRng: I SIVVITrals
Lot: Block:— Subdiision: Fire----- --
Sec-Tvvnr _�R_�RJ-�' Plat I__ ^—
Plan Check:_Y Ns
pe I,on _I...
A iaemngrneer. Ma$ing Address; <rR' Phone,
1511
0 star, Ma'img Addu,s5.
4_ Zip
Z*Lle- I?
...............-
jPe,,iewcau..
or� E
'�i'C�mhaCro nse
,none� 75 Lice xpi,es:
I 757— 30 _L90 Y3 /039 V31,1-
�
Work —NEW —ADDITION —ALTERATION —REPAIR —MOVING —DEMOLITION OTHER,
_FORTING ONLY —EXTERIORONLY XTENANT FINISH —DESIGN/BUILD
Residan6af Single Family N111 amily(number of units; Townhouse
Valuation of Work Building Information
Structural: #,fStories: ____4_Su.ToIaIAl,. 3000 sq,If
Electrical Height: S Total Heated/Cooled: 'q-It
Plumbing: $ Length: J*V Total Unheated: sq,It
Mechanical $ 2- o 0 Width: __310 Add,/All Area: sq,it
Stab Floor. X Y _N Public Sewer: Y N
—
X�
,Tcltal: ....... lBasement ----I ---$qFt Structure: Wood, Me/tel
Aar�orl Other.—
Building will comply with Arkansas Energy Code Requirements(YesINA): /V/IJ9
Are you responsible for other buildings in this subdivisic.i?(YesINo).'/_VA_Engineering Division Approval:
;DESCRIPTION OF WORK:
...............'.......... .............. -----------
Use of Building: 4D 4. ;xVin w p Previous Use:
NOTICE Const.Type Occ,Group:
SEPARATE PERMITS ARE QUREDFOR ELECTRICAL,PLUMBING- Max, Occ,Load: Fire Zone:
MECHANICAL, THIS PERMIT BECOMES NULL AND VOID IF WORK/ Pro tection brs): Sprinkled: Y
CONSTRUCTION AUTI 1ORIZED!S NOT COMMENCED WITr IIN G MONTHS, rN
OR IFWGRIQC;,ArSTRUCTIONIS SUSPCNDEO OR ABANDONED FOR A Office Use Only Req'd
PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS COMMENCED, Special Approvals; (YIN) 181-OK hate
I he,:by corafy that I have read and examined this application and Im the same to I :cod Plain
bil"Oand eeriest. All provisions of laws and ordinances governing this type of work Parks Fee
,vill be complied with whether specified herein or not. The granting of a permit does AtIc Health
mt presume'to;lYa authority to violate or cancel the provisions of any ocher state or
local law regulating construction or the performance of construction. Seismic
Arch/En g,_
Accessib fly
a
signature of avmer (date)
Note:Inspection of permitted wont may reveal cod&violations not discovered during plan review
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 13 of 20
y,r
� r
• O
P
z
la
[Lid
t
t�
p ,
P
Y a
a � u
i,
December 8,2008
Planning Commission
CUP 08-312$PBI Medical, Inc
Agenda Item 2
'Y'� - Page 14 of 20
SKETCH/AREA TABLE ADDENDUM
Property Address E.HUNTSVILE ROAD AND MORNINGSIDE DRIVE Rle Na. 83260033
City FAYETTEVILLE State AR County WASHINGTON Zip Code 72701
Borrower DASH GOFF '
Lender/Client THE BANK OF FAYETTEVILLE
30'
'RESECTS RGl (.ARCA
FnPTY CYLINDEQ
SrAQA)9 AREA
IL IN
0 AC
ER
R(( AML• RTO
I FULL GYLINDE,e
GATE I STAGING AREA
y >� ❑ I
FENCED
OXY�FN TANII
OFFICE SPACE
December 8,200
Planning Commissio
CUP 08-3123 PBI Medical, In
SCALE: 1 inch =20A_ggn_d__a Item
X95 of 2
APEX SOFTWARE 2109BB,•6eee AP 250APeXII
}
�I
�l
7 i
a ,.tiv eWM.a4k9"�"
4 ye
'y I,
x
}
1
s-
N
rf x'
Al �.
Yy
008
sion
i
Inc
r
i
�i
IIMA
J
3?
i
z
i
i
vc 11'
r _
• 1
CUP08-3123 pgl MEDICAL, INC
Close Up View
I Ilk
�2cu r
a
' M SS �l\
SUBJECT PROPERTY
r Hu SW
I
i
I
i
1
I
I
I I
a
®.a
o=r
0 37.5 75 150 225 300
Feet December 8,20 8
Plarm no�__......,..�.. . n
CUP 08-3123 PBI Medical, Inc
Agenda Item 2
Page 18 of 20
CUP08-3097 PBI MEDICAL, INC
One Mile View
dY SUBJECT PROPERTY
"T
D
Overview Legend Boundary
Subject Property Planning Area
CUPOB-3123
r00000
Overlay District
❑ Outside City
Legend
Hillside-Hilltop 01 erlay District
0 0.25 0.5 1 December 8,20 8
g Commissi n
Mlilescup 08_3123PlanninPBI Medical, c
Frage 19 of 20
December 8,2008
Planning Commission
CUP 08-3123 PBI Medical,Inc
- Agenda Item 2
Page 20 of 20
7aye
Ar::KA.r95As PC Meeting of December OE, 200E
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Glenn Newman, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: December 2, 2008
LSD 08-3133: (TWIN CREEKS VILLAGENAN ASCHE, 172): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at LOT 20, CMN
BUSINESS PARK II PH. III, NE OF GREGG AND VAN ASCHE. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 5.85 acres. The request is for
four 7,428 s.f. office buildings with associated infrastructure. Planner: Jesse Fulcher
Findings:
Property: The subject property, Lot 20 of CMN II Phase III, contains approximately 5.85 acres
located north of Van Asche Drive and Gregg Avenue. The property is zoned C-1 and has been
previously approved for site grading and retaining wall installation,which is nearly complete.
The subject property was previously apart of a larger 53.93 acres, collectively known as CMN II
Phase III. A lot split and concurrent plat approved by the Planning Commission in 2007 created
the subject property and Lots 19A, 19B, 19C immediately to the east. Lot 19C contains
approximately 16.17 acres and borders the entire eastern property line of Lot 20. This tract was
dedicated to the City of Fayetteville in 2007 to allow the continued extension of Scull Creek
Trail and to serve as a permanent tree preservation area for Lots 19 and 20.
Proposal: The applicant requests large scale development approval for four office buildings
totaling approximately 29,712 sq. ft.
Background: The Subdivision Committee reviewed the large scale development proposal on
November 26, 2008 (minutes attached). The main item of discussion was staff's
recommendation for an off-site assessment for the future construction of a traffic signal at the
intersection of Van Asche Drive and Steele Boulevard. The applicant opposed the recommended
assessment and therefore the Subdivision Committee members voted to forward the request to
the full Planning Commission. Additional information gathered from research into the history of
the CMN Business Park development is included in the staff report.
December 8,2008
K..-IRe orts12008WCRe ortA23-December 081LSD 08-3133 Planning Commission
p p (Twin Creeks Village 20).deSD 08-3133 Twin creeks Village/Van Ache
Agenda Item 3
Page 1 of 40
Surrounding Land Use and Zoning:
Direction Land Use Zoning
North Residential City of Johnson
South Commercial Lot 21 CMN U Phase III
East Commercial Lots 19A-19C CMN H Phase III
West Industrial City of Johnson
Water and Sewer System: Water and sewer lines are currently available along Gregg and Van
Asche to serve the subject development. However,new water and sewer lines will have to be
installed to allow future subdivision and development along Greg Avenue.
Adjacent Master Street Plan Streets: Gregg Avenue (Minor Arterial).
Right-of-way to be dedicated: Sufficient right-of-way has been previously dedicated to meet the
Master Street Plan requirements for the adjacent street.
Street Improvements: Both Gregg Avenue and Van Asche Drive have been improved along the
property frontage. Staff is recommendingan assessment for the future construction of a traffic
signal at the intersection of Van Asche Drive and Steele Boulevard,to the east of this site.
Connectivity: Curb-cuts for the development are indicated on the site plan and are in compliance
with the City's recently adopted Access Management Ordinance. Staff will review internal
access as development occurs to ensure that an acceptable level of connectivity is provided.
Tree Preservation: As noted herein, Lot 19C was previously dedicated to the City of
Fayetteville to meet the tree preservation requirements for the lots in CMN II Phase III.
Assessment: CMN II contains approximately 309 acres located on the north side of Fulbright
Expressway. The overall property was rezoned by the Fayetteville City Council in 1995, but has'
been presented as three separate phases. Phase I contains approximately 170 acres and includes
Lots 1-11. The final plat was approved on May 14, 2001 and required an off-site assessment of
$77,000 for improvements to Gregg Avenue and Clear Creek Bridge. The City of Fayetteville
and the Arkansas Highway and Transportation Department funded improvements to Gregg Ave.
between Shiloh Dr. and Joyce St., and the bridge over Clear Creek. The total assessment for was
for $140,000; however, the payment was to be divided between the three planned'phases of
development. The remaining money, after the initial $77,000 would be paid at the time of final
plat for Phases II and III.
Phase II contains approximately 87 acres and includes Lots 12-18. The final plat was approved
on April 9, 2001, with $35,000 due for improvements to Gregg Avenue and Clear Creek Bridge.
The Planning Commission also recommended an off-site assessment in the amount of$150,900
for five (5) future traffic signals. The number of signals and their locations were determined by
the developer's traffic engineer based an evaluation of the existing traffic volumes combined
with projected traffic volumes from the overall development. The five intersections that satisfied
the established traffic signal warrant criteria were Steele and Joyce, Shiloh and Gregg, Gregg and
Van Asche, Joyce and Gregg, and Van Asche and Steele.
December 8,2008
K:IReports12008WC Reportsl23-December 08USD 08-3133(Twin Creeks Village_Comssion
16VHPNIIILot 20).�i.�D 08-3133 Twin Creelksning C/ Vao Ache
Agenda Item 3
Page 2 of 40
In addition to these requirements,the Planning Commission included a condition allowing future
assessments or improvements at the time of individual lot development. The condition reads
"additional road improvements and/or assessment for off-site improvements may be imposed by
the City at the time of lot development pursuant to current regulations." This note was also listed
on the filed final plat for Phase IL
In 2004 the Planning Commission approved a final plat for a further subdivision of Lot 17,
which is a part of Phase II. Based on the projected traffic volumes that would be generated by
the subdivision and subsequent development, an assessment in the amount of$82,125 was
required for installation of a traffic signal at the intersection of Van Asche and Mall. This
assessment was in addition to those required with the final plat for Phase II.
The remaining 54 acres (Phase III) of land located between Steele Blvd. and Gregg Avenue is
currently undeveloped. During the construction of Van Asche Drive,which bisects Phase III,the
applicant submitted a preliminary plat(07-2535) for review. The basic intent of this submittal
was to have a detailed review by City departments and utility companies prior to the completion
of Van Asche and the.associated boulevard. The project did not proceed past the Technical Plat
Review meeting. However, as part of staff s review, staff informed the applicant that a traffic
light assessment would be developed for the intersection of Van Asche and Steele. A new
preliminary plat was submitted in July 2008 to subdivide Lot 20 (also in Phase III) into 6
commercial lots. Staff again informed the applicant, as noted in the Technical Plat, Subdivision
Committee and Planning Commission staff reports, that future development would be evaluated
for a potential assessment for the installation of a traffic signal at Van Asche Drive and Steele
Boulevard. This condition was included,as part of the conditions of approval for this
subdivision.
In the end,the City only collected $112,000 of the $140,000, or 80% of the money that was to go
towards improvements to Gregg Street and Clear Creek Bridge. Though it is clear that CMN was to pay a total of$140,000 to the City,the money for Phase III was not collected and is not
recommended to be collected since the streetibridge project was completed prior to any
development in Phase III. Additionally,the $150,900 collected by the City for the installation of
five (5)traffic signals, which were warranted with the addition of the traffic generated by the
CMN development, only paid for three(3) signals. The traffic signal at the intersection of Van
Asche and.Gregg was installed and paid for by the City of Fayetteville after the,completion of
Van Asche Drive extension. Ultimately, Phase III has never been assessed for street
improvements, and the traffic signal installed adjacent to this phase of development was installed
at the City's expense.
Furthermore, city staff has consistently noted during the review of Phases I,II and III that
additional street improvements, or off-site assessments could be warranted at the time of
individual lot development. This is noted in the minutes and staff report for Phases I and II, and
was applied to the subdivision of Lot 17 in 2004. It is staff s opinion that an assessment based
on the traffic generated by the subject development for a future traffic signal at the intersection
of Van Asche Drive and Steele Boulevard is warranted, and is appropriate for this development
and for future developments in the area.
December 8,2008
K.tReports12008WCRepor1A23-December 081LSD 08-3133(Twin Creeks Village 20). Planning Commission
'Lo9D 08-3133 Twin Creeks Village/Van Ache
Agenda Item 3
Page 3 of 40
Recommendation: Staff recommends approval of LSD 08-3133 with the following
conditions:
Conditions of Approval:
1. Planning Commission determination of compliance with Commercial Design Standards
and Design Overlay District Standards. Staff recommends approval of the proposed
elevations,finding that the elevations submitted meet the criteria set forth for commercial
design standards.
11/26/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF COMMERCIAL
DESIGN STANDARDS.
2. Planning Commission determination of street improvements. Staff recommends the
following:
a. Staff recommends an assessment in the amount of $600.00 for the future
construction of a traffic signal at the intersection of Van Asche Drive and Steele
Boulevard(see attached memo).
11/26/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF STAFF'S
RECOMMENDATION.
3. Both drive aisles shall be located within access easements and dedicated by easement
plat.
4. A floodplain development permit and elevation certificates are required prior to building
permit approval.
5. Engineering Division, Solid Waste Division, and Urban Forester conditions of approval ;
included herein shall apply and shall be addressed prior to building permit approval (see
attached memo).
6. Trash enclosures shall be screened with access not visible from the street. The trash
enclosures shall be constructed with materials that are complimentary to and compatible
with the proposedbuilding. A detail of the proposed screening shall be submitted and
approved by the Planning Division prior to issuance of the building permit.
Urban Forester Conditions:
7. An estimate of material and labor is required for 150%the cost of the required landscape.
Once this estimate is approved by the Urban Forester, a letter of credit, bond or check
will be held until installation. This is required prior to building permit approval.
8. Street trees are required to be bonded for a 3-year term before final certificate of
occupancy. This amount shall be held to ensure the maintenance of the required street
trees.
December 8,2008 -
KARe orts12008WRe ortsl23-Decemher 08VSD 08-3133 Planning Commission
p p (Twin Creeks Village_CMNIIPHL1Lot 20).�oD OS-3133 Twin Creeks Village/Van Ache
Agenda Item 3
Page 4 of 40
9. Provide a legible landscape plan prior to building permit approval.
10. Before construction document approval, the landscape plan must be stamped by a
Landscape Architect licensed within the state of Arkansas.
Trails Coordinator Conditions:
11. Show the 20' utility easement in the southeast corner of the site as a 20' multi-use trail
easement to allow for an interior trail connection. Contact staff for approved multi-use
trail easement language.
Standard conditions of approval:
12. Impact fees for fire, police, water, and sewer shall be paid in accordance with City
ordinance.
13. 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).
14. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading; drainage, water, sewer, fie 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.
15. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut-
sheets are required for review and approval prior to issuance of a building permit.
16. All mechanical/utility equipment (roof and ground mounted) shall be screened using
materials that are compatible with and incorporated into the structure. A note shall be
clearly placed on the plat and all construction documents indicating this
requirement.
17. All freestanding and wall signs shall comply with ordinance specifications for location,
size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit
application prior to installation.
18. All existing utilities below 12kv shall be relocated underground. All proposed utilities
shall be located underground.
19. Large scale development shall be valid for one calendar year.
20. Prior to building permit, a cost estimate for all required landscaping is to be submitted to
the Landscape Administrator for review. Once approval is gained, a guarantee is to be
issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of
December 8,2008
Planning Commission
K:IReports120081PC Reports123-December 081LSD 08-3133(Twin Creeks Village_
CAN HPHKILot 20).40SD 08-3133 Twin Creeks Village/Van Ache
Agenda Item 3
Page 5 of 40
the plants. This guarantee will be held until the improvements are installed and
inspected, at the time of Certificate of Occupancy.
21. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree protection
measures prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area
and all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing landscape plans including tree
preservation measures submitted to the Landscape Administrator.
f. Completion of all required improvements or the placement of a surety with the
City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in
Lieu of Installed Improvements" to guarantee all incomplete improvements.
Further, all improvements necessary to serve the site and protect public safety
must be completed, not just guaranteed, prior to the issuance of a Certificate of
Occupancy.
Planning Commission Action: O Approved O Denied O Forwarded
Meeting Date: December 08,2008
Motion:
Second:
Voter
December 8,2008
K.IReports120081PCReportsl23-December 081LSD 08-3133(Twin Creeks Village_CMNIIPHHILot20). Planning Commission
LSD OS-3133 Twin Creeks Village/Van Ache
Agenda Item 3
Page 6 of 40