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HomeMy WebLinkAbout2009-10-12 - Agendas - Finalaye ev„idle 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, October 12, 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 Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Jeremy Kennedy Jim Zant Craig Honcbell *tevtle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA 113 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION MONDAY, OCTOBER 12, 2009, 5:30 p.m. Room 219, City Administration Building Call to Order Roll Call The following items will be considered: Consent: 1. Approval of the minutes from the Monday, September 28, 2009. 2. ADM 09-3456: (COLLEGE AVE TOWNHOMES): Submitted by BATES & ASSOCIATES for property located SE OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE. The request is for the second and final extension of R-PZD 07-2649, Residential Planned Zoning District, College Avenue Townhomes. Planner: Jesse Fulcher 3. ADM 09-3447: (KANTZ CENTER/STARBUCK'S): Submitted by CRAFTON, TULL AND SPARKS. The request is for the second and final extension of LSD 07-2676, Large Scale Development, Kantz Center/Starbuck's. Planner: Jesse Fulcher 4. ADM 09-3448: (WOODSTOCK COMMUNITY R-PZD): Submitted by APPIAN CENTRE FOR DESIGN for property located on the south side of Wedington Drive, between 46th Avenue and Broyles Avenue. The request is for the second and final extension of R-PZD 07-2576, Residential Planned Zoning District, Woodstock. Planner: Andrew Garner Old Business: 5. CUP 09-3415: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 3.16 acres. The request is for metal recycling, Use Unit 28, (center for collecting recyclable materials,) in the I-1, Heavy Commercial and Light Industrial, Zoning District. Planner: Andrew Garner 6. RZN 09-3416: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 2.10 acres. The request is to rezone the subject property to I-2, General Industrial. Planner: Andrew Garner New Business: 7. CUP 09-3389: (M. CHAMBERS / BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C- 2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for Use Unit 43, Animal Boarding and Training, in the C-2, Thoroughfare Commercial, Zoning District. Planner: Andrew Garner 8. LSD 09-3388: (M. CHAMBERS / BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C- 2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for a 6,250 s.f. dog grooming/dog day care facility and associated parking. Planner: Andrew Garner 9. CUP 09-3433: (BRAND NEW CHURCH, 177): Submitted by DAWN MOLER for property located at 2826 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.84 acres. The request is for a church, Use Unit 4, Cultural and Recreational Facilities, in the C-1, Neighborhood Commercial Zoning District. Planner: Dara Sanders 10. CUP 09-3432: (PRISM EDUCATION CTR. / 3162 W 6TH, 557): Submitted by MISTY NEWCOMB for property located at 3162 W. MARTIN LUTHER KING BLVD. SUITES 13-16. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 7.40 acres. The request is for a K-8 charter school within the existing commercial building. Planner: Jesse Fulcher 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, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. THE CITY OF' FAYETTEVILLE, ARKANSAS PC Meeting of October 12, 2009 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: October 7, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 09-3456: (COLLEGE AVE TOWNHOMES): Submitted by BATES & ASSOCIATES for property located SE OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE. The request is for the second and final extension of R-PZD 07-2649, Residential Planned Zoning District, College Avenue Townhomes. Planner: Jesse Fulcher BACKGROUND Property Description: The subject property contains 2.34 acres located east of N. College Avenue and south of Golden Eagle Drive (private drive). Background: The original Residential Planned Zoning District request was approved by the City Council on October 2, 2007 for the construction of a 5 multi -family units with associated parking.. The Zoning and Development Administrator granted a one-year extension to October 2, 2009 to obtain all required permits to begin construction. However, the applicant has stated that the developer is seeking additional funding, which has delayed the project. Proposal: The applicant requests a final extension for the approval of the Residential Planned Zoning District for one year, to expire on October 2, 2010. The Planning Department received the applicant's extension request on October 1, 2009, within the required one year time limit Should this extension be granted, all permits necessary for construction are required to be issued before the one-year extended deadline. If the permits are not issued prior to October 2, 2010, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Staff recommends approval of ADM 09-3456, the requested extension to R-PZD 07-2649 (College Avenue Townhomes), with the following conditions: 1. The applicant shall be allowed until October 2, 2010 to receive all permits and approvals required to complete construction of the development or project. If all permits have not been received by this time, the Planned Zoning District approval shall be revoked. K: IReports120091PC Reports122-October 121ADM 09-3456 (College Ave Townhomes PZD 2nd Extension).doc October 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Pagel of 2. In accordance with Chapter 166.20 Expiration of Approved Plans and Permits, to receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05 (F) Modifications. 3. All other conditions of approval LSD 07-2649 shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(4) gives the Planning Commission authority to extend approval of a large scale development prior to the expiration of any allowed extension period (maximum of two years from the date of 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. Extensions beyond three (3) years from the original date of approval shall not be permitted. (1) The applicant has submitted the extension request to the Planning Division on October 1, 2009, prior to the one year time limit ending October 2, 2009. (2) The applicant has stated that additional funding is needed before the developer can proceed with development. PLANNING COMMISSION ACTION: O Approved O Denied O Tabled Motion: Second: Vote: Meeting Date October 12, 2009 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:IReportst20091PC Reports122-October /21ADM 09-3456 (College Ave Townhomes PZD 2nd Extension).doc October 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Page 2 of 8 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; Conditional uses; Large-scale developments; Lot splits; Physical alteration of land permits; Storm water, drainage, and erosion control permits; (8) Tree preservation plans; and (9) Floodplain development permits. (B) Time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a Certificate of Zoning Compliance; and/or, (e) Receive all permits and approvals required by City, County, State, and Federal regulations to complete construction of the development or K.: IReports120091PCReports122-October 121,1DM09-3456 (College Ave Townhomes PZD 2nd Extension).doc project. (2) Administrative Extension Within One Year. Prior to the expiration of the one (1) year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (I) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested of the Planning Commission within ten days of the final administrative decision. (3) Planning Commission Extension Within 18 months. Should an applicant miss the deadline to request an administrative extension, within eighteen months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. (4) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. (5) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05 (F) Modifications. (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project October 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Page 3 of 8 approval shall be reviewed by the Planning Commission prior to approval of the extension. (7) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) yearsfrom the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (1) (Ord. 5155, 7-15-08) K: IReports120091PC Reports122-October 121ADM 09-3456 (College Ave Tormhomes PZD 2nd Ertension).doc October 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Page 4 of 8 B October 1, 2009 Jesse Fulcher Planning Staff City of Fi|le 113 West Mountain St. Fayetteville, AR 72701 CMI Enghawing jt:, SunrayIng 9/n/.Cott Square Dr. Suite // Fayetteville, ^x;c7^/ RH: 479-442-9350 * FAX: 479-521-9350 Re: College Avenue Townhomes R-PZD 07-2649 Dear Mr. Fulcher, The developer wouid like to request an extension to R-PZD 07-2649. The dev&opers are seeking funding for the project and will need additional time before starting construction. If you have any questions, or need additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. � Geoffrey H.Bates, P.E President of Engineering cc: Hank Broyles October 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Page 5 of 8 Ocbber 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Page 6 of 8 Rr711:17 7P.34.5 COLLEGE AVENUE TOWNHOMES 2 5 0.5 kvtglder 12, 2009 1111111.111 VS* Commission ADM 09-3456 C 11091,-A40-Tail4414GR4eS Agenda Item 2 Page 7 of 8 October 12, 2009 Planning Commission ADM 09-3456 College Ave Townhomes Agenda Item 2 Page 8 of 8 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of October 12, 2009 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: October 7, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 09-3447: (KANTZ CENTER/STARBUCK'S): Submitted by CRAFTON, TULL AND SPARKS. The request is for the second and final extension of LSD 07-2676, Large Scale Development, Kantz Center/Starbuck's. Planner: Jesse Fulcher BACKGROUND Property Description: The undeveloped property is located at the northwest corner of Citizens Drive and Crossover Road, east of Wal-Mart Neighborhood Market and is zoned C-1, Neighborhood Commercial. Background: The original Large Scale Development request was approved, by the Planning Commission on September 24, 2007 for the construction of a 1,750 sq. ft. coffee shop with 550 square feet of outdoor seating, a 9,075 restaurant/retail/office building and 65 parking spaces. The Zoning and Development Administrator granted a one-year extension to September 24, 2009 to obtain all required permits to begin construction. However, the applicant has stated that conditions in the economy and market have caused the project to be delayed on Starbuck's construction schedule. Proposal: The applicant requests a final extension for the approval of the Large Scale Development for one year, to expire on September 24, 2010. The Planning Department received the applicant's extension request on September 23, 2009, within the required one year time limit. Should this extension be granted, all permits necessary for construction are required to be issued before the one- year extended deadline. If the permits are not issued prior to September 24, 2010, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Staff recommends approval of ADM 09-3447, the requested extension to LSD 07-2676 (Kantz Center/Starbucks), with the following conditions: 1. The applicant shall be allowed until September 24, 2010 to receive all permits and approvals required to complete construction of the development or project. If all permits have not been received by this time, the Large Scale Development approval shall be revoked. K: IReporns12009IPC Reports122-October I21)1DM 09-3447 (Kuntz Center Starbucks LSD 2nd Extension).doc October 12, 2009 Planning Commission ADM 09-3447 Kantz Center Starbucks Agenda Item 3 Page 1 of 8 2. All other conditions of approval LSD 07-2676 shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(4) gives the Planning Commission authority to extend approval of a large scale development prior to the expiration of any allowed extension period (maximum of two years from the date of 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. Extensions beyond three (3) years from the original date of approval shall not be permitted. (1) The applicant has submitted the extension request to the Planning Division on September 23, 2009, prior to the one year time limit ending September 24, 2009. (2) The applicant has stated that conditions in the economy and market have caused the project to be delayed on Starbuck's construction schedule. PLANNING COMMISSION ACTION: O Approved 0 Denied 0 Tabled Motion: Second: Vote: Meeting Date October 12, 2009 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. IRepor&s110091PC Reports122-October 12LIDM 09-3447 (Kant- Center Starbucks LSD 2nd Ectension).doc October 12, 2009 Planning Commission ADM 09-3447 Kantz Center Starbucks Agenda Item 3 Page 2 of 8 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; Tree preservation plans; and Floodplain development permits. Time limit. Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a Certificate of Zoning Compliance; and/or, (e) Receive all permits and approvals required by City, County, State, and Federal regulations to complete construction of the - development or K: IReports120091PC Reportsl22-October 121ADM 09-3447 (Kuntz Center Starbucks LSD 2nd Extension).doc project. (2) Administrative Extension Within One Year. Prior to the expiration of the one (1) year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested of the Planning Commission within ten days of the fmal administrative decision. (3) Planning Commission Extension Within 18 months. Should an applicant miss the deadline to request an administrative extension, within eighteen months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. (4) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. (5) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05 (F) Modifications. (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning October 12, 2009 Planning Commission ADM 09-3447 Kantz Center Starbucks Agenda Item 3 Page 3 of 8 Commission prior to approval of the extension. (7) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three_(3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (1) (Ord. 5155, 7-15-08) K.:IReparts120091PC Reports122-October 121,1DM 09-3447 (Kuntz Center Starbucks LSD 2nd Ertension).doc October 12, 2009 Planning Commission ADM 09-3447 Kantz Center Starbucks Agenda Item 3 Page 4 of 8 September 23, 2009 Mr. Jesse Fulcher City of Fayetteville 113 W. Mountain Street Fayetteville AR, 72701 479.636:48381 479.631.6224.! enwrcratlonliulUsparks.com 0 Crofton Tull Sparks RE: Extension of LSD 07-2676 [ Kantz Center — Starbuck's Dear Mr. Fulcher, architecture t Engineering Birmingham Conway Wee Rock Oklehr„na CEly Rogers Bossellvlhe Tulsa `Meme On behalf of our client, Kathy Ball,we would like to request a one year extension of the approved LSDP 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 ityo4f Fayetteville and we appreciate your willingness to review this request. If you have any Th her questions or concerns please do not hesitate to let me know. Sincerely, Jonathan Ely, E.I. Civil Engineer October 12, 2009 Planning Commission ADM 09-3447 Kantz Center_Starbucks. Agenda Item 3 Page 5 of 8 0 75 150 300 450 600 Feet pctober 12, 2009 Planning Lommission ADM 09-3447 Kantz Center Starbucks Agenda Item 3 Page 6 of 8 Overview Legend Subject Property ADM09-3447 Boundary 0 1125 0.5 1M iles rlrtnhpr 19 911(1Q Planning Commission ADM 09-3447 Kantz Center_Sta bucks Agenda Item 3 Page 7 of 8 October 12, 2009 Planning Commission ADM 09-3447 Kantz Center Starbucks Agenda Item 3 Page 8 of 8 lryete„.e KANS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of October 12, 2009 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: October 7, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 09-3448: (WOODSTOCK COMMUNITY R-PZD): Submitted by APPIAN CENTRE FOR DESIGN for property located on the south side of Wedington Drive, between 46th Avenue and Broyles Avenue. The request is for the second and final extension of R-PZD 07-2576, Residential Planned Zoning District, Woodstock. Planner: Andrew Gamer BACKGROUND Property Description: The undeveloped property contains 28.90 acres located on the south side of Wedington Drive, between 46th Avenue and Broyles Avenue and is zoned R-PZD 07-2576 (Woodstock). Background: The original Residential Planned Zoning District request was approved by the City Council on October 2, 2007 for the construction of 382 dwelling units, 100,390 square feet of commercial space, a civic center building and park. The Zoning and Development Administrator granted a one-year extension to October 2, 2009 to obtain all required permits to begin construction. The applicant has stated that all required permits to begin construction have been obtained, including Health Department approval, Nationwide Permit, ADEQ Stormwater Pollution Prevention Approval, and grading permit. The developer, however, can not begin any construction until funding has been fully acquired. The applicant stated that the developers are seeking financing and hope to obtain suitable funding soon. Proposal.: The applicant requests a final extension for the approval of the Residential Planned Zoning District for one year, to expire on October 2, 2010. The Planning Division received the applicant's extension request on September 29, 2009, within the required one year time limit. Should this extension be granted, all permits necessary for construction are required to be issued before the one-year extended deadline. If the permits are not issued prior to October 2, 2010, all of the approved plans for the project shall be rendered null and void. K: kReports120091PC Reports122-October I21ADM09-3498 (Woodstock PZD 2nd Estension).doc October 12, 2009 Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 1 of 8 RECOMMENDATION Staff recommends approval of ADM 09-3448, the requested extension to R-PZD 07-2576 (Woodstock), with the following conditions: 1. The applicant shall be allowed until October 2, 2010 to receive all permits and approvals required to complete construction of the development or project. If all permits have not been received by this time, the Planning Zoning District approval shall be revoked. 2. All other conditions of approval R-PZD 07-2576 shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(4) gives the Planning Commission authority to extend approval of a planned zoning district prior to the expiration of any allowed extension period (maximum of two years from the date of 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. Extensions beyond three (3) years from the original date of approval shall not be permitted. (1) The applicant has submitted the extension request to the Planning Division on September 29, 2009, prior to the one year time limit ending October 2, 2009. (2) The applicant has discussed that they have obtained a majority of the required permits to begin construction, but that lack of financing has caused the project to be delayed. PLANNING COMMISSION ACTION: ❑ Approved Motion: Second: Vote: Meeting Date October 12, 2009 ❑ Denied ❑ Tabled 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:IReports120091PC Reports122-October 121ADM 09-3448 (Woodstock PZD 2nd Extension).doc October 12, 2009 Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 2 of 8 CHAPTER 166: DEVELOPMENT 166 20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; (8) Tree preservation plans; and (9) Floodplain development permits. (B) Time limit. (I) Tasks to be completed. AU of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (I) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a Certificate of Zoning Compliance; and/or, (e) Receive all permits and approvals required by City, County, State, and Federal regulations to complete project. (2) Administrative Extension Within One Year. Prior to the expiration of the one (1) year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested of the Planning Commission within ten days of the final administrative decision. (3) (4) (5) Planning Commission Extension Within 18 months. Should an applicant miss the deadline to request an administrative extension, within eighteen months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. EnE Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05 (F) Modifications. (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project construction of the development or approval shall be reviewed by the Planning K: IRepor6120091PC Reports122-October l2 ADM 09-3448 (Woodstock PZD 2nd Ertension).doc October 12, 2009 Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 3 of 8 Commission prior to approval of the extension. (7) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (1) (Ord. 5155, 7-15-08) K: IReports120091PC Reports122-October I21ADM 09-3448 (Woodstock PZD 2nd Estension).doc October 12, 2009 Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 4 of 8 September 29, 2009 City of Fayetteville Planning Commission 113 West Mountain Street RE: PZD Extension Request for The Woodstock Community (R-PZD 07-2576) Dear Commissioners, 'The Woodstock Community was approved by the Fayetteville City Council October 2, 2007. In October of 2008 the Fayetteville Planning Department granted a one year extension of the approved Planned Zoning Development plans and booklet for The Woodstock Community (R- PZD 07-2576) and that all subsequent timing for the phasing of construction be likewise extended. Appian Centre for Design is requesting an additional one-year extension from the Fayetteville Planning Commission_ All required permits to begin construction have been obtained, including Health Department approval, Nationwide Permit, ADEQ Stormwater Pollution Prevention Approval, and grading permit approval from the City of Fayetteville. The client, however, can not begin any construction until funding for Phase I of the project has been fully acquired (desiring no half - finished dirt pit debacle). The continued recession and current banking crisis has made it difficult to find financing for Phase I. Currently, the owners are seeking new financing and hope to obtain suitable funding for construction of Phase I soon. We thank you for your consideration in this matter. zr- Evan Niehues Project Designer Appian Centre for Design October 12, 2009 Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 5 of 8 ADM09-3448 WOODSTOCK COMMUNITY R-PZD Close Up View �ACOMA.ST is -LOTTRELLIN ._..w........._............._....a.,...,.TUMBLEWEED S7.. ..yy.�� .. 114 * 1 O +n m Overview 125 250 500 .LOFTY-WOODDR 750 1.000 Feet October 12, 2009 1-'ianning Lommission ADM 09-3448 Woodstock Community Agenda Item 4 Page 6 of 8 AD MO9-3448 One Mile View WOODSTOCK COMMUNITY R-PZD 117_1177_ _ _ Overview Legend Subject Property Es ADM 09-344 8 Boundary 0 0.25 0.5 iles rirtn hp r 1 2 7110Q Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 7 of 8 October 12, 2009 Planning Commission ADM 09-3448 Woodstock Community Agenda Item 4 Page 8 of 8 PC Meeting of October 12, 2009 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: October 7, 2009 CUP 09-3415: (TOM SMITH/ROLLOFF/IRON & METAL, 599): Submitted by TOM SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 3.16 acres. The request is for metal recycling, Use Unit 28, (center for collecting recyclable materials,) in the I-1, Heavy Commercial and Light Industrial, Zoning District. Planner: Andrew Garner BACKGROUND: Property Description: The property is located at the old Fayette Junction railroad station site on the north side of Cato Springs Road east of Vale Avenue along the east side of the Arkansas Missouri Railroad railroad tracks. The site is located within. the Fayette Junction Master Plan area and is zoned I-1, Heavy Commercial/Light Industrial The property contains two warehouse buildings, an office building, and large open yards used for scrap metal storage and processing for the current business, Springdale Iron and Metal, LLC. There is a railway spur bisecting the site. Surrounding zoning and land use is depicted in Table 1. The subject 3.16 -acre portion of the site is identified as Area 1 on the applicant's Project Description Map, included in this packet. Area 1 is the triangular- shaped parcel closed to Cato Springs Road and contains the weigh station, two warehouses, and old mill building. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North Industrial 1-1, Heavy Commercial/Light Industrial South Residential; Industrial 1-1, Heavy Commercial/Light Industrial East Industrial (Mid -Continent Concrete) 1-1, Heavy Commercial/Light Industrial West Railway corridor; Multi- family residential RMF -24, Residential Multi -Family 24 Units/Acre Background: On June 25, 2001 a Conditional Use Permit (CUP 01-16 Roll -Off Service) was approved on the subject property to allow for collection of recycling materials including cardboard bailing and metal recycling. The permit was specific to the amount and type of recycling activity. The 2001 staff report with conditions of approval and K:\Reports\2009\PC Reports\October 12\CUP 09-3415 (Roll Oft) October 12, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 5 Page 1 of 40 meeting minutes are attached to this staff report. On October 1, 2001 the applicant issued a letter to the City withdrawing the CUP application basically stating that their business could not succeed with all of the required conditions of approval. However, the Roll -off business has continued at the location in some capacity since 2001. Several zoning violation letters have been sent to the current applicant, Roll -off, related to metal salvage and other solid waste disposal issues on this site over the years. In March 2009 the applicant received another violation notice from the City Planning division indicating that the ongoing metal storage and processing was not a permitted use on the property. In an attempt to resolve this most recent violation, the applicant is proposing a conditional use permit and rezoning of the property. June 8, 2009 Planning Commission: On June 8, 2009, the Planning Commission denied CUP 09-3293 (Roll -off) for a recycling facility on the overall approximately 5 -acre property. Issues and concerns discussed included land use compatibility and that the proposed use was more of a metal salvage use than a recycling center. The meeting minutes are attached to this report. Proposal: The applicant has revised their conditional use permit application from the previous submittal to only include the triangular-shaped 3.45 -acre parcel for the conditional use permit for the metal recycling facility, and to rezone the northern 2 -acre parcel to I-2, Heavy Industrial, to permit for the continuation of the metal salvage operation. The applicant proposes to operate a metal recycling operation (currently ongoing on the property) which includes purchasing, processing, sorting, storage, and loading of metal for shipment. The processing of metal involves dismantling, cutting, crushing, baling. The metal on the 3.45 -acre portion of the site (Area 1) is not proposed to be kept outdoors, but would be processed and stored in the two existing warehouses. Customers would enter the facility from Cato Springs Road, drive to the scales for check-in. They would then proceed forward to Warehouse #2 (see site plan) for unloading and check-out. . Materials dropped off by customers would be processed then stored in one of the warehouses or transferred to the metal salvage portion of the business off-site across the railroad spur (Area 2) by the end of each business day. The company has five employees and approximately 20-30 customer trucks and trailers and 10 company trucks enter and exit the site during the work day. Noise sources from the proposed operation are: • Rail car movement: 2 times/week • Track hoe operation: 8 hrs./day • Skid steer operation: 6 hrs./day • Company truck deliveries/pickups: 10 vehicles/day • Customer traffic: 20-30 vehicles/day The hours of operation are: Weekdays 8 AM — 5 PM; Saturday 8 AM — 12 PM. KAReports\2009\PC Reports\October 12\CUP 09-3415 (Roll Off) October 12, 2009 Planning Commission CUP 09-3415 Tom Smith/Rolloff Agenda Item 5 Page 2 of 40