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HomeMy WebLinkAbout2010-06-14 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting June 14, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on June 14, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: Consent: 1. Approval of the minutes from the Monday, May 24, 2010 meeting. 2. CCP 10-3573: Concurrent Plat (TWIN CREEKS VILLAGE LOT 19B, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at THE SW CORNER OF THE INTERSECTION OF EAST VAN ASCHE DRIVE AND NORTH STEELE BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 5.11 acres. The request is for a commercial subdivision with 5 lots and associated parking. Planner: Dara Sanders New Business: 3. CUP 10-3577: Conditional Use Permit (BOB DAUGHERTY N. 85TH AVENUE, 470): Submitted by BATES & ASSOCIATES for property located at NORTH 85TH AVENUE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 10.39 acres. The request is to allow a tandem lot on the subject property. Planner: Dara Sanders 4. CUP 10-3579: Conditional Use Permit (CORNERSTONE 2594 E JOYCE BLVD, 176): Submitted by CLINTON BENNETT for property located at 2594 E. JOYCE BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.3 acres. The request is to allow a pharmacy, Use Unit 15, in the R -O Zoning District. Planner: Dara Sanders 5. CUP 10-3580: Conditional Use Permit (PATHWAY BAPTIST CHURCH 972 W. DOUGLAS STREET, 444): Submitted by JEREMY FLANAGAN for property located at 972 W. DOUGLAS STREET. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.14 acre. The request is to allow for a church use, Use Unit 4, in the RMF -40 Zoning District. Planner: Andrew Garner 6. CUP 10-3581: Conditional Use Permit (PERKINS 25 S. GRAHAM AVENUE, 521): Submitted by JEFFRY C. PERKINS for property located at 25 S. GRAHAM AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.21 acres. The request is to allow a home occupation, Use Unit 24, in the RMF -24 Zoning District. Planner: Dara Sanders 7. RZN 10-3578: Rezoning (JORDAN /1130 N. GARLAND AVENUE, 405): Submitted by KELLY ELLIS for property located at 1130 N. GARLAND. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.66 acres. The request is to rezone the subject property from C-1 to C-2. Planner: Andrew Garner The following items have been approved administratively by City staff: LSP 10-3564: Lot Split (33 EAST MADRID STREET, 290): Submitted by BATES AND ASSOCIATES for property located at 33 EAST MADRID STREET. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT SUNBRIDGE VILLAS and contains approximately 0.32 acres. The request is to divide the subject property into 2 lots of approximately 0.15 and 0.17 acres. Planner: Andrew Garner LSP 10-3565: Lot Split (64 E. GRANADA, 291): Submitted by BATES AND ASSOCIATES for property located at 64 E GRANADA STREET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT SUNBRIDGE VILLAS and contains approximately 0.43 acres. The request is to divide the subject property into 2 tracts of approximately 0.24 and 0.19 acres. Planner: Andrew Garner LSP 10-3593: Lot Split (1402 S.WASHINGTON/MULLINS, 563): Submitted by JUSTIN JORGENSEN for property located at 1402 S. WASHINGTON AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to divide the subject property into two tracts of approximately 0.10 acres each. Planner: Dara Sanders LSP 10-3592: Lot Split (CENTRAL UNITED METHODIST CHURCH, 484): Submitted by DAVE JORGENSEN for the Central United Methodist Church property located on LAFAYETTE STREET BETWEEN HIGHLAND AVENUE AND ST. CHARLES AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.24 acres. The request is to divide the subject property into three tracts of approximately 0.48, 0.94 and 0.82 acres. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. 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. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda 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. aye eviAse THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: June 3, 2010 PC Meeting of June 14, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CCP 10-3573: Concurrent Plat (TWIN CREEKS VILLAGE LOT 19B, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at THE SW CORNER OF THE INTERSECTION OF EAST VAN ASCHE DRIVE AND NORTH STEELE BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 5.11 acres. The request is for a commercial subdivision with 5 lots and associated parking. Planner: Dara Sanders Findings: Property Description: The subject property is located on Lot 19B of the Twin Creeks Village subdivision, which is a part of CMN II, Phase III. On January 25, 2010, the Planning Commission approved a Large Scale Development (LSD 09-3497) on the 5.11 -acre tract to allow for the construction of a 7,428 square foot medical office and associated parking. Surrounding zoning and land use is depicted on Table 1. Table 1 Surrounding Land Use and Zonm Direction from Site Land Use Zoning North Undeveloped C-1 South Residential RSF-4 East Undeveloped C-1 West Tree Preservation C-1 Request. The applicant requests concurrent plat approval to subdivide the tract into five (5) commercial lots with access from the private drive, Van Asche Loop. Water and Sewer System: All utility lines, including water and sewer mains have been installed to serve the property. Adjacent Master Street Plan Streets: Van Asche Drive (Principal Arterial) Right-of-way to be dedicated: Sufficient right-of-way exists. Additional right-of-way dedication is not required at this time. G ILTCIDevelopment Services Review120101Development Review110-3573 CCP Lot 19 B Twill Creeks Village103- Planning Commission106-19- 101Comments & RedlinesUO-3573 PLNG Comments.doc June 14, 2010 Planning Commission CCP 10-3573 Twin Creeks Village lot 196 Agenda Item 2 Page 1 of 6 Street Improvements: Van Asche Drive is constructed to current street standards. No additional improvements are required. Tree Preservation: Lot 19C serves as the tree preservation area for all lots within CMN Il Phase III. A tree preservation waiver has been submitted and approved. Public Comment: No public comment has been received. Recommendation: Staff recommends approval of CCP 10-3573 with the following conditions of approval: Conditions of Approval: 1. All conditions of approval associated with LSD 09-3479 shall apply. 2. No work shall be permitted within the FEMA designated floodway. 3. Street lights, if not already installed, shall be installed at all intersections and with a maximum separation of 300 feet prior to signing the final plat. Standard Condition of Approval: 4. Concurrent Plat approval shall be valid for one calendar year. 5. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 6. 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). Planning Commission Action: Motion: Second: Vote: Meeting Date: June 14, 2010 0 Denied 0 Approved 0 Tabled G:IETCIDevelopment Services Review120101Development Review110-3573 CCP Lot 19 B Twill Creeks Village103- Planning Commission106-14- 101Comments & Redlines110-3573 PLNG Commencs.doc June 14, 2010 Planning Commission CCP 10-3573 Twin Creeks Village lot 196 Agenda Item 2 Page 2 of 6 mcEMcCLELLANDG CONSULTIN pE$tGNEp TO' SERVE:` ENGINEERS, INC. 1810 N. College Avenue P.O. Box 1229 Fayetteville, AR 72703/72702-1229 479-443-2377 • FAX 479-443-9241 www.mcclelland-engrs.com May 6, 2010 RE: Twin Creeks Village, Phase II Concurrent Plat — Lot 19B Fayetteville Planning Staff, Steele Crossing Investment III, LLC. and McClelland Consulting Engineers, Inc. are seeking to subdivide a portion of Twin Creeks Village (formerly CMN Business Park II, Phase III). The portion of Twin Creeks Village in question lies at the southwest corner of the intersection of East Van Asche Drive and North Steele Boulevard (Parcel # 765-28353-000). The C-1 zoned 5.11 acre property will be divided into 5 commercial lots ranging in size from .78 to 1.23 acres. Construction of Phase II (improvements to 19B including: water & sewer extension, installation of' the precast drainage culvert) are complete. Final inspection of Phase II will occur within the next week. Don't hesitate to contact me if you should have any questions or concems regarding this concurrent plat document. ltabor@mcclelland-engrs.com Concurrent Plat, Twin Creeks Village Phase II MCE # FY092118 June 14, 2010 Planning Commission CCP 10-3573 Twin Creeks Village lot 196 Agenda Item 2 Page 3 of 6 le TREE PRESERVATION AND PROTECTION — Chapter 167 LANDSCAPE REQUIREMENTS — Chapter 177 THE CITY OF FAYETTEVILLE, ARKANSAS PAHKS AND REC EATI ON DIVISION 1455 Happy Hollow Rd Fayetteville, AR 72701 P (479)444.3471 F (479)521-7714 nicdhon sD141711.02rth Den >�`f��€�;t URBAN FORFSTRY DIVISION To: Fayetteville Subdivision Committee CC: Dara Sanders, Current Planner From: Greg Howe, Urban Forester/Landscape Administrator Date: June 2, 2010 Subject: CCP 10-3573: Twin Creeks Village 19-B Final Plat Technical Plat Review Comments Requirements Submitted: N/A Initial Review with the Urban Forester N/A Site Analysis Map Submitted N/A Site Analysis Written Report Submitted N/A Complete Tree Preservation Plan Submitted N/A Tree Mitigation Form Submitted Yes Tree Preservation Wavier Submitted TREE PRESERVAION AND PROTECTION PLAN COMMENTS: 1. The tree preservation for these parcels is in lot 19C. LANDSCAPE REQUIREMENTS PLAN COMMENTS: 1. All landscaping required for future development will be at the time of individual lot permitting. June 14, 2010 Planning Commission CCP 10-3573 Twin Creeks Village lot 196 Agenda Item 2 Page 4 of 6 CCP10-3573 Close Up View TWIN CREEKS VILLAGE LOT 19B u SUBJECT PROPERTY C.1 O1 Mira VAN ASC HE LOcR Overview 0-1 0 75 150 300 450 600 Feet June 14, 2010 Planning Commission CCP 10-3573 Twin Creeks Village lot 196 Agenda Item 2 Page 5 of 6 Overview 1- -• Legend Subject Property CCP70-3573 Boundary 0 0.25 0.5 1 M iles -nc 14 9(11 (I Planning Commission CCP 10-3573 Twin Creeks Village lot 196 Agenda Item 2 Page 6 of 6 aye evi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: June 8, 2010 PC Meeting of June 14, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 10-3577: Conditional Use Permit (BOB DAUGHERTY N. 85TH AVENUE, 470): Submitted by BATES & ASSOCIATES for property located at NORTH 85TH AVENUE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 10.39 acres. The request is to allow a tandem lot on the subject property. Planner: Dara Sanders Findings: Background and property description: The subject property is located on 85th Avenue, south of Wedington near the edge of the city limits, and is currently undeveloped. In 2008, the Planning Commission approved a Lot Split request (LSP 08-3122) to divide the parent tract into three (3) separate lots, including the subject property. The surrounding land use and zoning is listed below in Table 1. Table 1 Surroundine Land Use and Zonin Direction Land Use Zoning North, East, West Residential RSF-1 South Residential R -A Proposal: In the associated Lot Split request (LSP 10-3563), the applicant proposes to further divide the subject property into Tracts C-1 and C-2 of 3.77 acres and 6.62 acres respectively, leaving Tract C-1 with sufficient bulk and area to meet the requirements of the underlying zoning district but with no frontage onto an improved public street. Request: The applicant has requested a conditional use permit to allow for a tandem lot development in the R -A zoning district. Water/Sewer: Public sanitary sewer service is not available in this area. The Engineering Division recommends approval of the applicant's request to waive the requirement to extend public sanitary sewer service to the subject property. City of Fayetteville water service is also not available in this area, as it is serviced by the Washington Water Authority (WWA). The applicant has provided a letter (included in this packet) from the WWA granting approval of a waiver request from the requirement to extend public water service to the subject property. Recommendation: Staff recommends approval of CUP 10-3577, subject to the following conditions: June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 1 of 14 Conditions of Approval: 1. Planning Commission determination of the waiver request from the requirement of Chapter 166.04(B)(2)(c) to extend public sanitary sewer service to the subject property. Staff recommends approval of the variance request, finding that the requirement to extend public sanitary sewer service approximately 2.6 miles to the subject property for a single- family development would create an undue hardship. 2. Planning Commission determination of the waiver request from the requirement of Chapter 166.04(B)(2)(c) to extend public water service to the subject property. Prior to the issuance of a building permit for a house on the subject property, the property owner shall provide proof of the availability of water to serve the home by way of an extended public water main or installation of a private well with adequate water service to serve the home. 3. Tandem lot setbacks shall be 15' from each property line. 4. Further division of the land will require approval of Preliminary and Final Plat applications. 5. The tandem lot shall be accessed from a single drive located within the proposed 30' private access easement. 6. The applicant shall coordinate with the Solid Waste Division for appropriate solid waste disposal. 7. Should the Conditional Use Permit for the tandem lot be denied, the associated Lot Split shall be null and void. Planning Commission Action: Motion: Second: Meeting Date: June 14, 2010 ❑ Approved ❑ Denied 9 Tabled FUTURE LAND USE PLAN DESIGNATION: Rural Area. These areas consist of lands in an open or cultivated state or sparsely settled and only have infrastructure and public services to support low-density zoning. 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 June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 2 of 14 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 conditional use approval for a tandem lot. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under Chapter 163.12 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use will not adversely affect the public interest. The subject property will consist of a large 3.77 - acre tandem lot (Tract C-1) that is accessed from 85th Street through a 6.62 - acre tract (Tract C-2). This development pattern is consistent with the surrounding rural residential properties with large lot sizes and varying access points; therefore, the proposal would be in keeping with the character of the area. (c.) The Planning Commission shall certify: June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 3 of 14 (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (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: Development of the proposed tandem lot will be limited to one (1) single- family dwelling until a public street is constructed through or adjacent to the subject property. Ingress and egress to Tract C-1 will be provided by a single driveway and will be subject to the Access Management Standards of Chapter 166. The applicant proposes a 30' wide access easement for future access to the subject property. Finding: N/A (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Public sanitary sewer service is not available in this area. The Engineering Division recommends approval of the applicant's request to waive the requirement to extend public sanitary sewer service to the subject property. Public water service is also not available in this area, as it is serviced by the Washington Water Authority (WWA). The applicant has provided a letter (included in this packet) from the WWA granting approval of a waiver June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 4 of 14 request from the requirement to extend public water service to the subject property. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Residential uses are not required to be screened. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: No signage is being proposed. (g.) Required yards and other open space; and Finding: The proposed tandem lot shall meet all setbacks for a single-family dwelling on a tandem lot. (h.) General compatibility with adjacent properties and other property in the district. Finding: All new lots would allow for new single-family dwellings compatible with the size and layout of other residents in the neighborhood. Tract C-1 shall be limited to one single-family dwelling and permitted accessory structures, which is in keeping with the surrounding uses. CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE CHAPTER 163: USE CONDITIONS 163.13 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for single-family dwellings only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. Finding: The proposed lot is not located behind another tandem lot. Tract C-1 shall be limited to one single-family dwelling and permitted accessory structures. (B) Findings. Before any conditional use for tandem lot development shall be granted, the Planning Commission shall determine that: a. Tandem lot development will not significantly reduce property values in the neighborhood. In determining whether property values will be significantly reduced, the Planning Commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots. June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 5 of 14 Finding: Staff finds that granting the requested conditional use will not adversely affect the public interest or resulting in a reduction in property values in the neighborhood. The subject property will consist of a 3.77 -acre tandem lot. This lot is comparable to the surrounding properties, which include a range in lot sizes; therefore, the proposal would be in keeping with the character of the area. (2) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. Finding: The existing property configuration of Tracts C-1 and C-2 does not permit for the lot split to result in two standard R -A lots with 200 feet of street frontage along 85th Street for each lot. Should the property ever be further subdivided, Preliminary and Final Plat applications and construction of a public street would be required. Because of the limited uses permitted in the underlying R -A zoning district and the rural nature of the surrounding area, staff does not find that extension of a public street to or through the subject property is warranted or appropriate at this time. (C) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. Finding: Future access to Tract C-1 shall be provided by a 30' shared access easement, as proposed by the applicant and indicated on the plat. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 6 of 14 Finding: The subject property shall be accessed from a single drive located within a 30' shared access easement, as indicated on the plat. No portion of any structure shall be located within the proposed access easement. (3) The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Fayetteville Board of Adjustment. Finding: The property on which the conditional use is requested exceeds the minimum lot area (0.5 acre) and overall width (200 feet) of the R -A district requirements with approximately 3.77 acres and a width of approximately 400 feet. (4) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20 (B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than 12 hours before or after regular trash pickup in accordance with Chapter 50.20 (B) Finding: The applicant shall coordinate with the Solid Waste Division regarding solid waste disposal to ensure that the intent of this ordinance is met. Staff, therefore, finds the above requirement for construction of a masonry garbage can holder is appropriate only if a handcart is not available at the subject property. (5) Setback. Each tandem lot shall have a minimum building setback requirement of 15 feet from all property lines unless a variance is granted by the Fayetteville Board of Adjustment. Finding: The tandem lot shall have a minimum building setback requirement of 15 feet from all property lines, as indicated on the plat. June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 7 of 14 TRACT C-1 377 ACRES -1-/- LOT SPLIT TRACT C TOTAL ACREAGE PARCEL V65-16146-900 1039 ACRES +/- TRACT C-2 662 ACRES +7- 79711 - 1n; 'PO; V,4 R., Z. n.Z;; r , , , I \ , 1, , -------------1--- - , I ' ,1 ',I, I , ,11R t '1 /, t \ . e., , ,• 1, 1 , rrr-r,r,;:7rCr. ';; ''*;;; ;;;; z; ZEZ,46;1; 4,,E0 BOB DAP( Bates< LINE SABLE LINE BEARING DISTANCE LI n '" [-E [.[[ -Arac 11 CORNER IIE 1-9 A.S. PEA WARRANTY DEED TILED IN 1300109107 P70F.43554 7 100 200' 300' 9,, ... 199- 1699 t, th -•; 11.?; dime 14, 2010 13' Planning Commiss'on CUP 10-3577 Bob Daugherty Agenda Item 3 Page 8 of 14 -JACK-PERKINS-LN w 0 ^-{NEDINGTON.DR_J_.. _.._ 0 0 0 cer 00cr O • 2 1,0 W y Q min J 0 f ASTORIA3N PPRK-RIp3E©R i GOO 0 O -30 6E.SPRINGS RD Z w 'a 5 z J a i. ui w 0 0 0 LL 0 0 -DOT--TIPiON.B�" NOTNAMEDE ST I K Z NOT -NAMED, St a 0 %( 6 3 June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 9 of 14 Washington Water Authority A Project of the Rural Development Authority PO Box 178 12567 US Highway 62 West Farmington, AR 72730 Phone (479) 267-2111 Fax (479) 267-5945 April 2, 2010 Mr. Bob Daugherty 2745 Hidden Springs Road Fayetteville, Arkansas 72703 RE: Parcel # 765-16146-900 Washington County, Arkansas Dear Mr. Daugherty: This letter is in response to our discussion regarding property you own along N. 85th Street and W. Athens Lane in Fayetteville, Arkansas. Washington Water Authority has water along the property on N. 85th Street, but does not have a water main along W. Athens Lane. It is my understanding that you may split the property so that part of the property only has frontage to W. Athens Lane. If that is the case, you have at least two choices for water service, either extend a water main from N. 85th Street down W. Athens Lane to and through your property, or the drilling well would also be an option for that part of the property. Washington Water Authority will not restrict you from drilling a well on the property, as it is your choice as to the water supply on this property. As you have previously requested, a water service tap will be available for the property fronting N. 85th Street. If you have any questions or need additional information, please feel free to contact this office. Since y, Josh Moore, P.E. General Manager Cc: File June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 10 of 14 CMI Engineering et Surveying 91 W. Colt Square Dr. / Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 www.nwabatesinc.com Waiver Request To whom it may concern, Our client, Mr. Daugherty, is proposing a Lot Split within the City of Fayetteville. The subject property is located on South 85th Street (parcel #765-16146-900) and contains approximately 10.39 total acres. Our client would like to split existing Tract C into 2 lots with Tract C-2 fronting N. 85th Ave., and tract C-1 as shown on our existing survey. We would like to request a waiver of public service to Tract C-1. Washington Water Authority has approved water service for Tract C-2, and prepared a fetter (see attached) stating that WWA will not restrict our client from servicing Tract C-2 with a well. I have also attached email correspondence from the City Engineering Department stating that a well will be acceptable since the city does not provide service to this location. City sanitary sewer services are not available in this area; therefore we would also like to request a waiver for extension of public sanitary sewer service to the tandem lot being created. If you have any questions please feel free to contact me. Sincerely, Derrick Thomas PLS June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 11 of 14 June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 12 of 14 CUP10-3577 Close Up View BOB DAUGHTERY N. 85TH AVE. FOREST HIiLS OR wn Overview 0 125 250 500 750 1,000 Feat June 14, 2010 REED RD Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 13 of 14 Overview - L Y -v3 5 . Legend Subject Property ®CUP10-3577 Boundary 0 0.25 0.5 1 M I I June 14, 2010 Planning Commission CUP 10-3577 Bob Daugherty Agenda Item 3 Page 14 of 14 aye evl le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: June 4, 2010 PC Meeting of June 14, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 10-3579: Conditional Use Permit (CORNERSTONE 2594 E JOYCE BLVD, 176): Submitted by CLINTON BENNETT for property located at 2594 E. JOYCE BOULEVARD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.3 acres. The request is to allow a pharmacy, Use Unit 15, in the R -O Zoning District. Planner: Dara Sanders Findings: Background and properly description: The subject property is located at the northwest corner of Joyce Boulevard and Sunbest Place and is developed for the Joyce Medical and Professional Center with five (5) buildings totaling 39,040 square feet and associated parking. The surrounding properties are developed for a range of residential densities, professional offices, medical offices, and the Paradise Valley Golf Course. The surrounding land use and zoning is listed below in Table 1. Table 1 Surroundine Land Use and Zonin Direction Land Use Zoning North Single -Family detached RSF-4 South Single -Family attached, Recreational (golf course) RMF -24, R -A East Professional and medical offices R -O, C-1 West Professional and medical offices, single-family detached R -O, R -A Proposal: The applicant proposes to utilize approximately 2,884 square feet of the building located at the southeast corner of the property (see attached site plan) for the Cornerstone Pharmacy from 8:30 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. on Saturday with a maximum of 4 employees. Request: The applicant has requested a conditional use permit to operate Use Unit 15, Neighborhood Shopping Goods, in the R -O, Residential Office zoning district. Sidewalk: A sidewalk currently exists on the subject property. Recommendation: Staff recommends approval CUP 10-3579, subject to the following conditions: G: IETCIDevelopment Services Reviewl20101Development Review110-3579 CUP 2594 E. Joyce B1vd103- Planning Commission106-14- 101Comments Redlines110-3579 PLNG Comments.doc June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 1 of 10 Conditions of Approval: 1. Hours of operation for the Cornerstone Pharmacy shall be limited between the hours of 8:30 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. and 1:00 p.m. on Saturday. 2. Any expansion or change in use shall be subject to Planning Commission approval of a new conditional use permit. 3. All signage shall comply with the requirements of the Residential Office zoning district and shall be permitted separately by a sign permit application. 4. A Certificate of Zoning Compliance shall be obtained by the applicant from the Planning Division to validate this approval. Planning Commission Action: Motion: Second: Meeting Date: June 14, 2010 ❑ Approved ❑ Denied ❑ Tabled FUTURE LAND USE PLAN DESIGNATION: City Neighborhood Area 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for the pharmacy in the Residential Office zoning district. G: IETCIDevelopment Services Review120101Development Review110-3579 CUP 2594 E. Joyce Blvd 103- Planning Commission106-14- 101Comments Redlines110-3579 PLNG Comments doc June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 2 of 10 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under § 161.16 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: In staff's opinion granting the requested conditional use should not adversely affect the public interest. Staff finds that the proposed use (a pharmacy) will promote the public interest by providing a complementary use to the existing uses in the immediate and surrounding area (professional, medical, surgical, and dental offices), which will decrease the number and distance of daily vehicle trips of the residents in the area and the patrons/patients of the businesses. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this individual conditional use request. (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: Ingress and egress to the property was reviewed during the Large Scale Development application process (LSD 04-1094) and approved by the Planning Commission in 2004 with one curb cut onto Joyce and one onto the private drive, Sunbest Place. Parking lot modifications and drive-thru service for the pharmacy are not proposed with this application, and staff finds that the existing access and parking lot circulation will continue to provide safe ingress and egress, pedestrian safety, and traffic flow. G:I ETCIDevelopment Services Review12010IDevelopment Reviewli 0-3579 CUP 2594 E. Joyce Blvd103- Planning Commission\06-14- 101Commenrs Redlines110-3579 PLNG Comments.doc June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 3 of 10 (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The parking ratio for a pharmacy is 1 space/250 square feet, and is required to provide 12 parking spaces. The existing uses on the subject property are professional offices (17,910 square feet) and medical/dental offices (14,985 square feet), which require approximately 120 parking spaces. The existing parking lot, containing 163 parking spaces, provides sufficient off-street parking on the subject property. Staff finds that the proposed use will not produce noise, glare or odor effects on adjoining or nearby properties. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant has coordinated with the Solid Waste division for appropriate solid waste disposal. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: The subject use does not require additional connections to utilities. Finding: N/A (e.) Screening and buffering with reference to type, dimensions, and character; (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: All signage shall comply with the requirements of the Residential Office zoning district and shall be permitted separately by a sign permit application. Finding: N/A (g-) Required yards and other open space; and (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that a pharmacy in this location is compatible with the surrounding land uses, which are predominantly medical and dental offices, and will provide a service currently not provided in the immediate vicinity of the surrounding residences. G: IETCIDevelopment Services Review120101Development Review110-3579 CUP 2594 E. Joyce Blvd103- Planning Commission106-14- 101Comments Redlines110-3579 PLNG Comments.doc June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 4 of 10 Item (3) — Complete written description of the conditional use permit application by M& S Real Estate, LLC for the purpose of gaining City approval for a pharmacy to conduct business in the property located at 2594 E. Joyce Boulevard. (a). The building is approximately 11,728 square feet and this will not changed by this application. (b). This building is one of five structures that make up the Joyce Medical & Professional Center Horizontal Property Regime (HPR). The total combined square footage of the five buildings in the HPR is approximately 39,040 square feet, and there are a total of 163 off street parking space (155 standard & 8 Handicapped) that are specifically dedicated to the HPR. This results in a current parking ratio of 4.18 spaces per one thousand square feet of office space. This parking space ratio will not be affected by this application. (c). Cornerstone Pharmacy will be a retaiUspecialty business, with 8:30- 6:00 M -F and 9:00 - 1:00 Sat hours of operation, 4 employees (4) and we anticipate the average number of patrons at the peak period of business to be 10 per hour. (d). Outdoor lighting will not be impacted should this application be approved. (e). The amount of noise that this office park creates will not be impacted noticeably due to approval of this application. (f). There will be no need for additional screening or buffering created by the approval of this application. (g). There will be no significant change in the trash and refuge service created by the approval of this application. (h). Approval of this application will not impact ingress or egress of the property and will not create a noticeable impact on traffic flow. (i). The applicant feels that a pharmacy is compatible with the adjacent properties and the other properties in the neighborhood. This particular office park consists of many medical service providers and we believe that this business will provide a complementary service to the business owners in the area as well as their customers. June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 5 of 10 4Q 1 % i - VICINITY MAP / aw(6aa Ayadoid IeluozuoH jerueO leuolssajold g lev!Palnl pJenalnog a34o1' 'JWL osf SOS3tw BMW O :A003»3x° NSIMUx 3lva uvn45 W tU8-644 (6L4) EOUL seso0IN apina>ta,(ed ZOZ eting'enua sseulsng S tLE 6umnsuoo )IJeIQ 0 8 L1 9 mO th 0 ' 0 m - m N ill June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 6 of 10 1kxbq f 4 TLT. f t ROMER ROOM fUNISEX 1 i6i. CeASIRSR Pla "' 9? ission CUP 10-3579 Cornerstone Agenda Item 4 Page 7 of 10 June 14, 2010 Planning Commission CUP 10-3579 Cornerstone Agenda Item 4 Page 8 of 10