HomeMy WebLinkAbout2009-03-23 - Agendas - Final a
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ARKANSAS 113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-9267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,March 23,2009,5:30 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.
2009 Planning Commissioners
Sean Trumbo
Lois Bryant Matthew Cabe
James Graves Porter Winston
Andy Lack Christine Myres
Jeremy Kennedy Jill Anthes
A17ayve eville
TENTATIVE 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,March 23,2009,5:30 p.m.
Room 219,City Administration Building
The following items will be considered:
Consent Aeenda:
1.Approval of the minutes from the Monday,March 9,2009 meeting.
2. ADM 09-3238: (KANTZ CENTER/STARBUCKS CCP EXTENSION): Submitted by
CRAFTON TULL SPARKS for property located at the NW CORNER OF CROSSOVER RD
AND CITIZENS DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and
contains approximately 14.85 acres. The request is for a one year extension for the approval of
the Concurrent Plat 08-2905. Planner: Jesse Fulcher
New Business:
3. RZN 09-3233: Rezoning (PHYSICIAN'S SPECIALTY HOSPITAL, 175): Submitted by
CEI ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH PARKVIEW
DRIVE. The property is zoned R-Q RESIDENTIAL OFFICE and contains approximately 2.97
acres. The request is to rezone the subject property to P-1, Institutional
Planner:Dara Sanders
4. ADM 09- 3250: (RUSKIN HEIGHTS SIDEWALK AND CURB FINISH VARIANCE):
Submitted by Ruskin Heights, LLC for the Ruskin Heights R-PZD located on the south side of
Mission Boulevard, west of Crossover Road. The request is for a variance of the minimum street
design standards to permit a smooth, exposed aggregate finish for the curb, gutter, and sidewalk,
when the standards require a broom finish. Planner:Andrew Garner
5. Informational item: Election of Planning Commission Officers.
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.
PC Meeting of March 23, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125W. 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: March 16, 2009
ADM 09-3238: (KANTZ CENTER/STARBUCKS CCP EXTENSION): Submitted by
CRAFTON TULL SPARKS for property located at the NW CORNER OF CROSSOVER RD AND
CITIZENS DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 14.85 acres. The request is for a one year extension for the approval of the CCP 08-
2905.
Planner: Jesse Fulcher
BACKGROUND
Property Description and History: On February 25,2008,the Planning Commission approved CCP
08-2905 (Kantz Center/Starbucks), for a 3-lot commercial subdivision at the northwest corner of
Crossover Road and Citizens Drive,
Proposal: The applicant requests to extend the approval of the Concurrent Plat for one year from the
original date of approval, to expire on February 25, 2010. The Planning Department received the
applicant's extension request on February 26,2009,within the required 18 month time limit. Should
this extension be granted, all permits and approvals required by City, State,and Federal regulations
to start construction of the development are required to be issued before the one-year extended
deadline. If the permits are not issued prior to February 25, 2010, all of the approved plans for the
project shall be rendered null and void, or the applicant may apply for a final one-year extension.
RECOMMENDATION
Planning Staff recommends approval of ADM 09-3238,the requested extension to CCP 08-2905,
with the following conditions:
1. The applicant shall be allowed until February 25, 2010 to receive all permits necessary to
complete construction of the project. If all permits have not been received by this time,the
Preliminary Plat approval shall be revoked;the applicant does have the ability to apply for
one additional extnsion within that time frame.
2. All other conditions of approval for the project shall remain applicable.
K:IReports120091PC Reports109-March 23WDM 09-3238(Kana Center_Starhucks CCP extension).doc
March 23,2009
Planning Commission
ADM 09-3238 Kanti Center CCP Ext.
Agenda Item 2
Page 1 of 8
DISCUSSION
The City of Fayetteville Unified Development Code(UDC)Section 166.20(B)(2)gives the Planning
Commission authority to extend approval of a planned zoning district development one additional
year within 18 months of the original approval. In order to extend this approval,the applicant must:
(1) request the extension prior to the one year time limit, and (2) show good cause why the tasks
could not reasonably be completed within the normal one year. If the one year extension is granted,
it is within this time that the applicant shall receive all permits and approvals as required by City,
State, and Federal regulations to start construction of the development or project.
(1) The applicant has submitted the extension request to the Planning Division on February 26,
2009,prior to the 18 month time limit ending on August 25, 2009.
(2) The applicant has stated that the condition of the economy and market have delayed
Starbuck's construction schedule, which has delayed this project, and additional time is
needed before the project can be started.
K.IReporiA2009NC Reports109-March 23WDM09-3238(Kantr Center_Starbucks CCP extenston).doc
March 23,2009
Planning Commission
ADM 09-3238 Kantz Center CCP Ext.
Agenda Item 2 -
Page 2 of 8
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-� QPCMeeting
ARKANSAS
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
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: n 49 Updated March 7, 2008
CCP 08-2905: Concurrent Plat (KANTZ CENTER/STARBUCKS,371): Submitted by
CRAFTON TULL SPARKS for property located at the NW CORNER OF CROSSOVER RD.
AND CITIZENS DR. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and
contains approximately 14.85 acres. The request is to divide the subject property into three tracts
of 13.08, 1.03, and 0.74 acres.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The subject property contains 14.85 acres, located
between Mission Boulevard (Hwy 45) and Crossover Road (Hwy 265), and is zoned C-1,
Neighborhood Commercial. The site consists of the Kantz Shopping Center and an undeveloped
tract at the northwest corner of Citizens Drive and Crossover Road, which was approved for
development of a Starbucks Coffee shop and retail building by the Planning Commission on
September 24, 2007.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Office/Residential R-0
South Bank C-1
East Bank/Crossover Road ROW C-1/R-O
West Mixed commercial C-1
Proposal: The applicant requests concurrent plat (preliminary and final plat) approval for a
commercial subdivision with three commercial lots containing 13.08 (Tract 1), 1.03 (Tract 2),
and 0.74 (Tract 3) acres. Infrastructure, easements, right-of-way, street improvements, etc. were
determined at the time of development of Kantz Center and with approval of the Large Scale
Development for Starbucks development(LSD 07-2676).
K.IRepores120081PC Reports104-February 251CCP 08-2905(Kantz Center_Starbucks).doc
March 23,2009
Planning Commission
ADM 09-3238 Kantz Center CCP Ext
Agenda Item 2
Page 3 of 8
Right-of-way being dedicated: Sufficient right-of-way exists for Crossover Road, Mission
Boulevard and Citizens Drive.
Street Improvements: Street improvements have been evaluated as part of the approved large
scale development on the property.
Adjacent Master Street Plan Streets: Mission Blvd., Principal Arterial; Crossover Rd., Principal
Arterial; Citizens Dr., Local Street
Parkland Dedication: Parkland dedication is not applicable for this commercial subdivision.
Tree Preservation: Tree preservation was determined with the previously approved large scale
development.
Recommendation: Staff recommends approval of CCP 08-2905 with the following
conditions:
Conditions of Approval:
1. Subdivision Committee determination of a waiver request to allow the subdivision of
property without extending public water service to Tract 2. Staff recommends in favor of
the waiver request. Water service shall be extended to Tract 2 at the time of
development.
2/14/08: THE SUBDIVISION COMMITTEE FOUND,IN FAVOR OF THE REQUESTED
WAIVER.
2/25/08: THE PLANNING COMMISSION FOUND: IN FAVOR OF THE REQUESTED
WAIVER.
2. Subdivision Committee determination of a waiver from Chapter 177.04 (D) (Perimeter
Landscaping Requirement). All parking lots shall have five feet (5') of landscaped area
between the property line and parking lot. Staff recommends in favor of the requested
waiver,finding that the circumstance requiring the waiver is due to the need for cross-
access to the north, which the applicant is providing with the approved large scale
development. This will allow for better utilization of the shared drive aisles and
_ "connectivity between the adjacent properties. This waiver shall only be applicable with
the approved large scale development.
2/14/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE REQUESTED
WAIVER.
2/25/08: THE PLANNING COMMISSION FOUND IN FAVOR OF THE REQUESTED
WAIVER.
3. All applicable conditions of approval of the original LSD 06-2676 shall remain in place.
4. The applicant shall make the final revisions prior to recordation:
K.IReports120081PC Reports104-February 251CCP O8-2905(Kantz Center Stmbucb).doc
March 23,2009
Planning Commission.
ADM 09-3238 Kantz Center CCP Ext
Agenda Item 2
Page 4 of 8
a. Change the title of the Landscape Administrator to Urban Forester.
b. Replace the surveyor's signature block with City approved language.
Standard Conditions of Approval:
5. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
6. All street names and addresses shall be approved by the 911 Coordinator.
7. Submit a digital copy of the approved final plat on CD to the Planning Division prior to
recordation of final plat.
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.r
9. All overhead electric lines 12kv and under shall be relocated underground. All proposed_
utilities shall be located underground.
10. Impact fees for water, sewer, police and fire shall be paid in accordance with:City
ordinance.
Planning Commission Action: Approved ❑ Forwarded ❑ Tabled
Meeting Date: February 25,2008
Motion: Ostner
Second: Winston
Vote: 5-0-0 (consent)
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K.IReports120081PC Reports109-February 251CCP 08-2905(Kuntz Center_Starbuckr).doc -
March 23,2009
Planning Commission
ADM 09-3238 Kantz Center CCP Ext.
Agenda Item 2
Page 5 of 8
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February 25,2009
Grafton Tull Sparks
archiledure I eagineerq
favvep
Mr. Jesse Fulcher
City of Fayetteville
113 W. Mountain Street
Fayetteville AR,72701
RE: Extension,of Concurrent Plat Kantz Center Starbuck's
Dear Mr. Fulcher,
On behalf of our client,Kathy Ball,we would like to request a one year extension
of the approved Concurrent Plat mentioned above. Conditions in the economy and
market have caused the project to be delayed on Starbuck's construction schedule which
has caused a delay for the entire project. We apologize for any inconvenience this may
have caused the City of Fayetteville and we appreciate your willingness to review this
request. If you have any further questions or concerns please do not hesitate to caltme,:.
Sincerely,
lonathan Ely,E.I., LEER APO
Civil Engineer
March 23,2009
Planning Commission
ADM 09-3238 Kantz Center CCP Ext.
Agenda Item 2
Page 6 of 8
ADM09-3238 KANTZ CENTER CCP EXTENSION
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ADM 09-3238 Kantz Center CCP Ext.
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Page 7 of 8
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Agenda Item 2 -
Page 8 of 8
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F q u '> u s 3 = PC Meetingof March 23 2009
1
F ARKANSAS
THE CITY OF FAYETTEVILLE,ARKANSAS 125 Mountain
Fayetteevv Mountain
AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: March 17, 2009
RZN 09-3233: (PHYSICIAN'S SPECIALTY HOSPITAL, 175): Submitted by CEI
ENGINEERING ASSOCIATES,INC.for property located at 3873 NORTH PARKVIEW DRIVE.
The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 2.97 acres. The
request is to rezone the subject property to P-1, Institutional.
Planner: Data Sanders
BACKGROUND:
Property Description: The subject property is located on North Parkview Drive, north of Joyce,
Boulevard and south of the Park Apartments,a multiple-family development.The 2.96-acre tract is
currently developed for the Physician's Surgery Center with one medical office/hospital building and
associated parking.
History:In 1991,the Planning Commission approved a development request to construct a medical
office building on the subject property,a permitted use in the R-O,Residential Office zoning district.
In 2007,the applicant submitted a large scale development application to the Planning Division for
an expansion of the existing office building. Staff determined that the proposed use of the property
had shifted from a medical office to an out-patient surgery operation, which would require a
conditional use permit to operate a hospital (Use Unit 4) in the R-O zoning district. The Planning
Commission approved the applicant's Large Scale Development request (LSD 07-2536) to add a
20,506-foot addition to the structure and Conditional Use requests for off-site parking (CUP 07
2540)and to operate a hospital use in the R-O zoning district(CUP 07-2539).In 2008,the Planning
Commission approved a new Conditional Use request to allow for a 3`d floor addition to the
structure,finding that an expansion of the hospital use on the subject property is compatible with the
surrounding area.Any expansion or change of use would require a new conditional use permit under
the current R-O zoning.
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North I Multi-family apartment complex RMF-24
South,East, and West I Professional office R-O
K:IReports120091PC Reports109-March 231RZN 09-3233(Physician's Specialty Hospital).doc
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 1 of 14
Proposal: The applicant proposes to rezone the property from R-O, Residential Office to P-1,
Institutional so that the underlying zoning district will accurately reflect the use and development of
the property that was approved previously by the Planning Commission.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding the rezoning request RZN 09-3233(Physician's Surgery Center)to the
City Council with a recommendation of approval based on findings stated herein.
PLTNINC COIIYIIS�ON SCTt)1 Recluued __._._
Date 1�arcl �3,2'OI19 II Tal>iled ...., d hoarded Q-�}e
oon. Second s ate �.
CITY COUNCIL AfqAjON—25
Resllit urea :.
BA: ppro� d 43-2eatr@d
Date
INFRASTRUCTURE:
Streets: The site has access to Parkview Drive. This is a fully developed two lane city street.
Water: Public water is available to the property. There is a 4"main along Parkview Drive.
Sewer: Sanitary sewer is available to the site. There is an 8" public main along the west
property line of this parcel.
Drainage: Standard.improvements and requirements for drainage will be required.for the
development. This property is affected by the 100-year floodplain.
Police: It is the opinion of the Fayetteville Police Department that this RZN will not
substantially alter the population density, and will not create an appreciable or
undesirable increase in the load on police services. This RZN will not create an
appreciable increase in traffic danger and congestion.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this
site as Residential Neighborhood Area, which recognizes conventional subdivision development but
encourages traditional neighborhood development that incorporates low-intensity non-residential uses.
K.Rep orts12009LPC Rep ortr109-March 231RZN 09-3233(Physician's Specialty Hospital0.doc
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 2 of 14
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use planning
objectives,principles, and policies and with land use and zoning plans.
Finding: The proposed P-1 zoning is consistent with the City's Residential Neighborhood
Area land use designation to encourage traditional neighborhood development that
incorporates non-residential uses. Based on the City's adopted land use planning
objectives and principles, staff finds that the subject property, along Joyce
Boulevard, in close proximity to an Urban Center Area, surrounded by other
existing and approved health care and professional office uses,and relatively dense
residential development, would be more appropriately regulated under the P-1
zoning district than the current Residential Office(R-O)zoning designation.
In 2007 and 2008, the Planning Commission found that the hospital use at this
location was compatible with the adjacent properties and the surrounding
neighborhoods.Staff has not received any complaints regarding the hospital use,or
any indication of land use compatibility issues.Staff finds that the request to rezone
to P-1,Institutional is an appropriate designation for the current use and for future
development on the property.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning-is proposed.
Finding: The Physician's Specialty Hospital provides a medical service not only to the citizens
of Fayetteville but to the entire region. This specialized medical service provides
same-day medically necessary and elective surgery procedures that do not require
extended hospital stay or supervision. Staff finds that the Hospital provides + .
increased access to health care for the residents of Northwest Arkansas.Staff finds
that the proposed zoning is justified and needed to allow for the facility to adapt or
continue serving persons with medical needs in a growing community.
While the Physician's Specialty Hospital has already obtained conditional use
approval from the Planning Commission to operate a hospital (Use Unit 4) on the
subject property,staff finds that the rezoning request is justified to avoid the delay .
and expense of having to obtain a new conditional use permit for any future
expansion.
Staff recommends in favor of the rezoning request, finding that rezoning the
property to P-1,Institutional,which allows city-wide uses(Use Unit 1),cultural and
recreational facilities(Use Unit 4),and government facilities(Use Unit 5)would be
compatible with surrounding land uses and zoning. Staff also finds that the P-1
zoning district would more accurately reflect and govern the existing use and
development of the property than the current R-O zoning.Future development on
the site under P-1 would continue to be compatible under the City's standard
development regulations.Additionally,the bulk and area requirements of the R-O
and the P-1 zoning districts have similar setback requirements and maximum
K.IReports120091PCReports109-March 23WZN 09-3233(Physician'v Specialty Hospital).doc
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item
Page 3 of 14
building area percentages; therefore, staff finds that the intensity and density
allowed on the subject property will not substantially change as a result of the
rezoning request.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: It is expected that a rezoning from R-O to P-1 would result in the potential for a
slight increase in traffic compared with that allowed under the existing zoning.
However, during review of the previously approved conditional use request, staff
and the Planning Commission found that the hospital use as proposed by the
applicant,would not create a noticeable increase in traffic to the property or result
in a dangerous traffic condition.This site is accessed off of an improved local street
(Parkview Drive)connecting directly to an improved Principal Arterial street,Joyce
Boulevard.The existing street infrastructure is capable of supporting the volumes of
traffic that could be generated under the P-1 zoning.
4: . A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: Staff finds that the proposed zoning would not create undesirable impacts to public'
services,or a density that is incompatible with the surrounding area, based on a
review of infrastructure, existing land uses, and the development potential of=the
property.The property is currently being utilized for a medical office and hospital
facility. The change in zoning to P-1 would not permit uses that would adversely
impact public services.
Increased load on public services were taken into consideration and
recommendations from the Engineering,Fire,and Police Departments are included
in this report.
5. If there are reasons why the proposed zoning should not be approved in view of considerations
under b (1) through (4) above, a determination as to whether the proposed zoning is justified
and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under its
existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even though
there are reasons under b (1)through(4)above why the proposed zoning is
not desirable.
Finding: Not applicable. Staff recommends in favor of the requested zoning.
K.IReports120091PCReportsl09-March 23IRZN09-3233(Physician's Specialty Hospital).doc
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 4 of 14
Fayetteville Unified Development Code
(3) Land area per dwelling unit.
161.16 District R-O,Residential Office Manufactured home 3,000 sq.ft.
Townhouses&apartments:
(A) Purpose. The Residential-Office District is No bedroom. 1,000 sq.ft.
designed primarily to provide area for offices One bedroom 1,000 sq.ft.
without limitation to the nature or size of the Two or more bedrooms 00 s .ft.
Fraternityor Sorority 5050 0 sq.ft.per resident
office, together with community facilities,
restaurants and compatible residential uses. (D) Density.
(B) Uses. Units er acre 1 24 or less
(1) Permitted uses. (E) Setback regulations.
Unit 1 City-wide uses by right Front 15 ft.
Unit 5 Government facilities Front,if parking is allowed between the right 5o ft.
Unit 8 Single-family dwellings of-way and the building
Unit 9 Two-family dwellings Front,in the Hillside Overlay District 15 ft.
Unit 12 Offices,studios and related services Side 10 ft.
Unit 25 Professional offices Side,when contiguous to a residential district 15 ft.
- - - - - Side,in the Hillside Overlay District 8 ft
(2) Conditional uses. Rear,without easement or alley 25 ft.
Rear,from center line of public alley loft
Rear,in the Hillside Overlay.District 15 ft.
Unit 2 City-wide uses b conditional use permit '
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities (F) Building height regulations.'
- Unit'l1 Manufactured home park
Unit 13 Eating laces Buildin-Height Maximum
Unit 15 Neighborhood shopping oods
'Unit 24 Home occupations
- Unit 26 Multi-family dwellings Height regulations. Any building which
Unit 36 Wireless communications facilities exceeds the height of 20 feet shall be setback from
Unit a2 Clean technolo ies .any side boundary line of an adjacent single family
district an additional distance of one foot for each
(C) Bulk and area regulations. foot of height in excess of 20 feet.
(Per dwelling unit for residential structures)
(G) Building area. On any lot,the area occupied
(1) Lot width minimum. by all buildings shall not exceed 60%of the total
area of such lot.
Manufactured home park 100 ft.
Lot within a manufactured home 50 ft. (Code No.1965,App.A.,ArL 5(x);Ord.No.2414,2-7-78;Ord.No.
ark .2603,2-19-80;Ord.No.2621,4-1-80;Ord_No.1747;6-29-70;Code ,
Single-family 60 fL 1991,§160.041;Ord.No.4100,§2(Ex.A),6-16-98;Ord No.4178,
Two-family 60 ft. 8-31-99;Ord.4726,7-19-05;Ord.4943,11-07-06;Ord.5079,11-20-
Three or more 90 ft. 07;Ord.5195, 11-6-08;Ord.5224,3-3-09)
(2) Lot area minimum.
Manufactured home ark 3 acres
Lot within a manufactured home 4,200 sq.ft.
ark
Townhouses:
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 6,500 sq.ft.
Three or more8,000 s .ft.
Fraterni or Sorority1 acre
K:tReportsl20091PCReports109-March23IRZN09-3233(Physician's Specialty Bospital).doc
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 5 of 14
Fayetteville Unified Development Code
161.26 District P-1,Institutional
(A) Purpose. The Institutional District is designed
to protect and facilitate use of property owned by
larger public institutions and church related
organizations.
(13) Uses.
(1) Permitted uses.
C -wide uses by right
I
Unit
:::�C'ultml and recreational facilities
I
Units 1 Government facilities
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utili facilities
Unit 26 Multi-family dwellings
Unit f
36 Wireless communications facilities
Unit42 Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None.
Setback regulations.
Front 30 ft.
Front,if parking is allowed between the right-of- 50 ft.
way and the building
Side 20 ft.
Side,when contiguous to a residential district 25 ft.
Rear 25 ft.
Rear,from center line of public alley 10 ft.
(F) Height regulations. There shall be no
maximum height limits in P-1 Districts,provided,,
however, that any building which exceeds the
height of 20 feet shall be set back from any
boundary line of any residential district a distance
of one foot for each foot of height in excess of 20
feet.
(G) Building area On any lot the area occupied
by all buildings shall not exceed 60%of the total
area of such lot.
(Code 1965,App.A.,Art.5(XI);Ord.No.2603;Ord.No.2603,2-19-
80;Ord. No. 2621,4-1-80; Ord.No. 1747, 6-29-70; Code 1991,
§160.042;Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4178,8-31-
99;Ord.5073,11-06-07;Ord.5195, 11-6-08)
K.Wep oru 12 0 0 9W C Rep o ris 1 0 9-March 2 3 U?ZN 09-3233(Phys ic ian's Specialty Horp i1a 1).do c
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 6 of 14
ENGINEERING DIVISION COMMENTS
RZN 09-3233: (PHYSICIAN'S SPECIALTY HOSPITAL, 175): Submitted by CEI
ENGINEERING ASSOCIATES, INC. for property located at 3873 NORTH PARKVIEW
DRIVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 2.97
acres. The request is to rezone the subject property to P-1, Institutional. Planner: Dara Sanders
Public water is available to the property. There is an 8"main along Parkview Drive.
Sanitary sewer is available to the site. There is an 8" public main along the west property line of
this parcel.
The site has access to Parkview Drive. This is a fully developed two lane city street.
Standard improvements and requirements for drainage will be required for any development.
This property is not affected by the 100-year floodplain.
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 7 of 14
Date 2/25/09
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request for a determination of whether the proposed
RZN 09-3233: (Physician's Specialty Hospital, 175): Submitted by CEI Engineering
Associates, Inc., for property located at 3873 N. Parkview Drive would substantially alter
the population density and thereby undesirably increase the load on public services and
create an appreciable increase in traffic danger and congestion. The property contains
approximately 2.97 acres.
It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density, and will not create an appreciable or undesirable increase in
the load on police services. This RZN will not create an appreciable increase in traffic
danger and congestion.
Sincerely,
Captain William Brown
Fayetteville Police Department
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 8 of 14
Andrew Garner Re comments for planning items due 2/20
Fire. Deaa�ent Cor ments
From: David Williams
To: Lintvedt, Karl; Sanders, Dara
Date: 3/18/09 8:46AM
Subject: Re: comments for planning items (due 2/20)
Dara,
I have not had a chance to review this yet. I do not feel it will effect any of the department's services by
changing to P-1.
Thanks,
David Williams
Fire Marshal
Fayetteville Fire Dept.
email: dwilliams@ci.fayetteville.ar.us
>>> Dara Sanders 3/13/2009>>>
David,
Have you had a chance to look at this request? I will be out of the office all of next week. Please forward
your comments to one of the other planners on Monday if you can't send them today.
Thanks!
Dara Sanders
Planning Division
City of Fayetteville
>> Karl Lintvedt 2/25/2009 10:40 AM >>>
Police, Fire, and Engineering:
The following item from today's Technical Plat Review agenda requires comments from your department
regarding potential impacts on City services. I've attached a map to give you an idea of the project's
location and scale. Please return the comments by Friday, March 6, and feel free to contact me with any
questions you might have. As always, we appreciate your help.
RZN 09-3233: (PHYSICIAN'S SPECIALTY HOSPITAL, 175): Submitted by CEI ENGINEERING
ASSOCIATES, INC. for property located at 3873 NORTH PARKVIEW DRIVE. The property is zoned
R-O, RESIDENTIAL OFFICE and contains approximately 2.97 acres. The request is to rezone the
subject property to P-1, Institutional. Planner: Dara Sanders
Thanks,
Karl Lintvedt
Planning Technician
City of Fayetteville
479-718-7688
CC: Fulcher, Jesse; Garner, Andrew
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 9 of 14 -
Consolidated Land Development Services
3317 SW"I"Street * Bentonville,AR 72712 • (479) 273-9472 • Fax (479) 273-0844
February 23, 2009
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
(479) 575-8267
RE: Rezone —Written Description
Physicians Specialty Hospital
CEI Project #23586.0
1
On behalf of Physicians Surgery Center, CEI Engineering Associates, Inc. is requesting a
rezoning of the property indicated on the attached rezone application and per the attached
legal description. Rezoning is requested from an R-O zoning district to a P-1 zoning
district.
Rezoning of the afore mentioned property is requested to provide a better zoning for the
current use of the property and to clean up conditional uses on the property.
Land use for the proposed zoning will remain the same as well as traffic and appearance
as what is currently approved.
Thank you for your consideration on this matter and please do not hesitate to contact us
with questions or comments.
Respectfully submitted,
Jae Ineman, RLA
Pr
j
r ect Manager
March 23,2009
Planning Commission
CALIFORNIA • ARIZONA • TEXAS • ARKANSAS • MINNESOTA • PEN NSYLVAN IAV-Wl`GFGKFGFAysi(ft0MNIiiaIty Hosp.
Agenda Item 3
Page 10 of 14
Consolidated Land Development Services
3317 SW"I"Street * Bentonville,AR 72712 • (479) 273-9472 • Fax (479) 273-0844
February 23, 2009
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
(479) 575-8267
RE: Rezone —Written Statements
Physicians Specialty Hospital
CEI Project#23586.0
A rezone from the current R-0 zoning district to a P-1 zoning district is consistent with the
current use of the property and rezoning to this district would effectively clean up the
conditional use permits approved for the site.
Under current usage the rezone should not increase the amount of traffic generated.
Under current usage there should not be an increase on public utilities or infrastructure
due to the rezone.
Thank you for your consideration on this matter and please do not hesitate to contact us
with questions or comments.
Rjeec ully submitted,
Ja e eman, RLA
P ject Manager
March 23,2009
Planning Commission
CALIFORNIA • ARIZONA • TEXAS • ARKANSAS • MINNESOTA • PEN NSYLVANIAFZZPGEGKGFAly6iftommKialty Hosp.
Agenda Item 3
Page 11 of 14
RZN09-3233 PHYSICIAN'S SPECIALTY HOSPITAL
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Feet Plann ng Commission
RZN 9-3233 Physician's Specialty Hosp.
Page 12 of 14
RZN09-3233 PHYSICIAN'S SPECIALTY HOSPITAL
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23Wommission
Agenda Item 3
Page 13 of 14
March 23,2009
Planning Commission
RZN 09-3233 Physician's Specialty Hosp.
Agenda Item 3
Page 14 of 14
TZI
PC Meeting of March 23, 2009
ARKANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: March 18, 2009
ADM 09-3250(Ruskin Heights Sidewalk and Curb Finish Variance,370).Submitted by Ruskin
Heights,LLC for the Ruskin Heights R-PZD located on the south side of Mission Boulevard,west of
Crossover Road. The request is for a variance of the minimum street design standards to permit a
smooth, exposed aggregate finish for the curb, gutter, and sidewalk, when the standards require a
broom finish. Planner: Andrew Garner
Findings:
Background:The Ruskin Heights R-PZD 06-2299 is located on the south side of Mission Boulevard,
west of Crossover Road. This project was approved by the Fayetteville City Council on March 20,
2007.The developer is in the process of developing the first phase of the project and has constructed
much of the infrastructure required for final plat.
Proposal: The applicant is requesting a variance of the City's requirements for a broom finish for
curb, gutter, and sidewalk construction.The applicant proposes to pressure wash the surface of the
concrete instead of a broom finish,to create a smooth,exposed aggregate finish for the curb,gutter,
and sidewalk. The applicant's letter states that the proposed finish will have a more traditional
appearance.
Discussion: The curb and gutter for the entire development has already been constructed with the
proposed finish.Early on during the construction,the contractor and the developer were notified by
the Engineering Division that the finish did not meet the City's criteria and they were instructed not
to continue.The developer continued this construction method against the instructions of City staff.
Staff has concerns with the proposed finish because the layer of cement on top of the concrete has
been removed by the pressure washing. Staff's opinion is that this top layer of cement provides
protection for the concrete from natural elements,and with that layer being removed the life of the
concrete is severely shortened.Additionally,a pressure washed finish on the sidewalk will result in a
smoother sidewalk that is less safe for pedestrians than a broom finished sidewalk that provides
better traction. A memo from the City Engineering Division is attached and describes the issues in
detail.
K.IREPORM0091PCREPORYY09-MARCH23WDM09-3250(RUSKINHGHTSCURBSWVARIANCE).DOC
March 23,2009
Planning Commission
ADM 09-3250 Ruskin Heights
Agenda Item 4
Page 1 of 10
Staff has the following recommendations for ADM 09-3250 (Ruskin Heights Curb and
Sidewalk Variance):
Curb and Gutter Recommendation: Staff recommends approval the variance to permit a pressure
washed finish on the curb and gutter with the following condition:
1. Planning Commission determination of a variance from Fayetteville Unified
Development Code Section 171.01(A) to permit a pressure washed finish on curb and
gutter,as opposed to a broom finish.Staffrecommends in favor of this variance with the
condition that a 20 year maintenance bond for the replacement value of the curb and
gutter be provided prior to final plat recordation.
Sidewalk Recommendation: Staff recommends denial of the variance to permit a pressure washed
finish on public sidewalks:
2. Planning Commission determination of a variance from the Fayetteville Unified
Development Code Section 171.13(A)(16)to permit a pressure washed finish on public
sidewalk,as opposed to a broom finish.Staffrecommends denial, because the proposed
finish is considerably smoother than the standard broom finish. With the steepness ofthe
development, changing the texture ofthe pedestrian sidewalk to a smoother finish could
increase the likelihood ofslips andfalls.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: March 23,2009
Comments:
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:IREPOR7S120091PCREPOR73109-MARCH231ADM09-3250(RUS19NHGHTSCURBSWVARIANCE).D0C
March 23,2009
Planning Commission
ADM 09-3250 Ruskin Heights
Agenda Item 4
Page 2 of 10
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:479-575-8206
ENGINEERING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Matt Casey P.E., Assistant City Engineer
DATE: March 17, 2009
SUBJECT: Ruskin Heights Concrete Finish Waiver Request
Ruskin Heights LLC,the developer of Ruskin Heights,has submitted a letter to the City requesting a
waiver of the City's requirements for curb and gutter and sidewalk construction. The developer is
requesting to pressure wash the surface of the concrete to create a smooth,exposed aggregate finish
for both the curb and gutter and the sidewalk.
The curb and gutter for the entire development has already been constructed with the proposed
finish. Early on during the construction, the contractor and the developer were notified by the
Engineering Division that the finish did not meet the City's criteria and they were instructed not to
continue. The developer continued this construction method against the instructions by the City
staff.
On August 6, 1996, the Fayetteville City Council passed a resolution(#94-96) adopting the current
version of the Minimum Street Standards. In these standards, Section 4-6 states that all curb and
gutter shall be Portland Cement concrete meeting the requirements of Arkansas Highway and
Transportation Division standard specifications. Section 802.19 of the AHTD specs calls for either
a broomed finish or a rubbed finish for the construction of curb and gutter. A rubbed finish is
seldom used in this area. The finish that is generally used and widely accepted is the broomed finish_
With this finish, after the concrete has been placed and smooth, a coarse broom is rubbed across the
concrete to roughen the fine layer of cement that coats the concrete. This finish provides a texture to
the concrete that has sufficient traction for both pedestrians and vehicular traffic.
The concern that the Engineering staff has with the proposed finish is that the layer of cement on top
of the concrete has been removed. It is our opinion that this layer provides protection for the
concrete from natural elements such as rain,snow,and temperature extremes. It is true that over the
coarse of many years this layer is gradually worn away an no longer offers protection. At that point,
the concrete becomes more susceptible to wear and deterioration. With that layer being removed at
the beginning of construction, we feel that the life of this concrete has been severely shortened.
Engineering staff recommends that the curb and gutter either be removed and replaced with proper
Ruskin Heights Page 1 of 2
March 23,2009
Planning Commission
ADM 09-3250 Ruskin Heights
Agenda Item 4
Page 3 of 10
construction methods,or a maintenance bond be submitted with the City for the replacement value of
the curb for a term of 20-years.
The developer is also requesting that a waiver be granted allowing this same pressure washed,
exposed aggregate finish to be used for all of the public sidewalks in the development. Section
171.13(A)(16)of the City of Fayetteville Unified Development Code states that the material used for
sidewalk construction shall be Portland Cement Concrete having a broom finish. In addition, the
AHTD specifications also call for a broom finish for sidewalk construction. In addition to the
concerns stated for the curb and gutter,the traction issue for the sidewalks is critical. The proposed
finish is considerably smoother than the standard broom finish. With the steepness of the
development,changing the texture of the pedestrian sidewalk to a smoother finish could increase the
likelihood of slips and falls. In chapter 4 of the United States Department of Transportation
sponsored publication, "Designing Sidewalks and Trails for Access," it states "A broom finish
should be used on concrete sidewalks to increase the slip resistance for pedestrians. Decorative
paints and surfaces,such as polished stones or exposed aggregate rock,are not as slip resistant and
should be avoided." For these reasons, the Engineering Division recommends that this waiver
request not be approved and that the sidewalks be constructed with a broom finish.
Ruskin Heights Page 2 of 2
March 23,2009
Planning Commission
ADM 09-3250 Ruskin Heights
Agenda Item 4
Page 4 of 10