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Home My WebLink About2011-07-25 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting July 25, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on July 25, 2011 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 • Fayette Junction Master Plan Presentation Development Services Director : Jeremy Pate • Fayette Junction Rezoning Discussion Planner: Dara Sanders Consent: 1. Approval of the minutes from the July 11, 2011 meeting. Old Business: 2. CUP 11-3841: Conditional Use Permit (1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for property located at 1 WEST CENTER STREET. The property is zoned P-1, Institutional and is on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. Planner: Dara Sanders THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE AUGUST 8, 2011 PLANNING COMMISSION MEETING. 3. CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acres. The request is for Use Unit 29 (Dance Hall). Planner: Dara Sanders 4. RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Planner: Andrew Garner THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE AUGUST 8, 2011 PLANNING COMMISSION MEETING. New Business: 5. RZN 11-3877: Rezone (130 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by SETH MIMS for property located at 130 SOUTH HILL AVENUE. The property is zoned RMF - 40, RESIDENTIAL MULTI -FAMILY, 40 UNITS/ACRE and contains approximately 2.92 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Planner: Jesse Fulcher 6. RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444): Submitted by BRITTANY STEPHENSON for property located at 736 NORTH GARLAND AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS/ACRE and contains approximately 0.10 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Planner: Dara Sanders 7. RZN 11-3883: Rezone (636 S. FOSTER LN./FOSTER, 513): Submitted by GLENN FOSTER for property located at 636 SOUTH FOSTER LANE. The property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, 1 UNIT/ACRE and contains approximately 1.29 acres. The request is to rezone the subject property to R -A, RESIDENTIAL AGRICULTRUAL. Planner: Dara Sanders 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. Planning Commission July 11, 2011 Page 1 of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 11, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: June 27, 2011 Page 3 ACTION TAKEN Approved ADM 11-3873: Administrative Item (UDC AMENDMENTS TREE PRESERVATION) Page 3 Forwarded New Business: ADM 11-3884: Administrative Item (FAYETTEVILLE POLICE DEPARTMENT, 213) Page 4 Tabled CUP 11-3868: Conditional Use Permit (255 E. SUNBRIDGE/BRUCE LEE MUSEUM, 290) Page 5 Approved ADM 11-3869: Conditional Use Permit (255 E. SUNBRIDGE CURB CUT VARIANCE, 290) Page 5 Approved CUP 11-841: Conditional Use Permit (15 W. MOUNTAIN & 1 W. CENTER, 523) Page 6 Tabled CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484) Page 7 Tabled RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520) Page 8 Forwarded RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371) Page 9 Tabled MEMBERS PRESENT Craig Honchell Sarah Bunch Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook MEMBERS ABSENT William Chesser July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 1 of 10 Planning Commission July 11, 2011 Page 2 of 10 STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders Jeremy Pate CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioner Chesser. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 2 of 10 Planning Commission July 11, 2011 Page 3 of 10 Commissioner Winston requested ADM 11-3884 (Fayetteville Police Department) to be pulled from the consent agent as requested by staff. Consent: Approval of the minutes from the June 27, 2011 meeting. ADM 11-3873: Administrative Item (UDC AMENDMENT CH. 167 TREE PRESERVATION AND PROTECTION): Submitted by GREG HOWE, URBAN FORESTER to amend Chapter 167, Tree Preservation and Protection with general updates, revisions and minimal new language. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 3 of 10 Planning Commission July 11, 2011 Page 4 of 10 New Business: ADM 11-3884: Administrative Item (Masonic Drive/Fayetteville Police Department, 213): Submitted by the FAYETTEVILLE POLICE DEPARTMENT for property located at 1106 MASONIC DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.13 acres. The request is to amend the conditions of approval for an existing 140 foot flag -pole cellular tower approved by CUP 09-3284 Motion: Commissioner Winston made a motion to table ADM 11-3884 indefinitely. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 4 of 10 Planning Commission July 11, 2011 Page 5 of 10 CUP 11-3868: Conditional Use Permit (255 E. SUNBRIDGE DR./BRUCE LEE MUSEUM, 290): Submitted by ENGINEERING DESIGN ASSOCIATES for property located at 255 EAST SUNBRIDGE DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.38 acres. The request is for Use Unit 4, Cultural and Recreational Use, for a museum, in the R -O zoning, and for additional parking spaces above the maximum. ADM 11-3869: Administrative Item (255 E. SUNBRIDGE DR./BRUCE LEE MUSEUM, 290): Submitted by ENGINEERING DESIGN ASSOCIATES for property located at 255 EAST SUNBRIDGE DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.38 acres. The request is for a variance of UDC Section 166.08 (F) to permit access off of Sunbridge Drive, a Collector Street. Andrew Garner, Senior Planner, gave the staff report. Kim Hesse, applicant, introduced herself and described the request. Commissioner Earnest asked about using low impact development stormwater treatment, including pervious pavement, in the parking lot. Kim Hesse, applicant answered that yes they are looking at that. Motion (CUP 11-3868): Commissioner Winston made a motion to approve CUP 11-3868 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion (ADM 11-3869): Commissioner Winston made a motion to approve ADM 11-3869 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 5 of 10 Planning Commission July 11, 2011 Page 6 of 10 CUP 11-3841: Conditional Use Permit (15 W. MOUNTAIN AVE. & 1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for properties located at 15 WEST MOUNTAIN AVENUE and 1 WEST CENTER STREET. The properties are zoned MSC, MAIN STREET CENTER and P-1, INSTITUTIONAL and are on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. No staff report or public comment was presented. Motion: Commissioner Winston made a motion to approve CUP 11-3841, as recommended by staff. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 6 of 10 Planning Commission July 11, 2011 Page 7 of 10 CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acres. The request is for Use Unit 29 (Dance Hall). No staff report or public comment was presented. Motion: Commissioner Winston made a motion to table CUP 11-3867 until the July 25, 2011 Planning Commission meeting. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 7 of 10 Planning Commission July 11, 2011 Page 8 of 10 RZN 11-3870: Rezone (2012 W. MARTIN LUTHER KING BLVD./USA DRUG, 520): Submitted by H2 ENGINEERING, INC. for property located at 2012 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.97 acres. The request is to rezone 0.30 acres of the property to C-1, NEIGHBORHOOD COMMERCIAL. Jesse Fulcher, Current Planner, presented the staff report and recommendation Commissioner Earnest asked staff about zoning the property to Urban Thoroughfare. Fulcher stated that the land use in this area is consistent with conventional highway commercial development, and rezoning the back half of the property to Urban Thoroughfare wouldn't change the development form along the front of the property that is zoned C-2. Kipp Hearn, applicant, stated that the C-1 zoning is a good transition for this property and will allow the new owners to redevelop the property. Earnest stated that it looks like an opportunity for a form -based development Commissioner Hoskins asked staff to speak about the various zoning recommendations for several properties along Martin Luther King Boulevard. Fulcher discussed several previous rezoning requests and the justification for staff's recommendations. Motion: Commissioner Winston made a motion to forward RZN 11-3870 to City Council with a recommendation for approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7- 1-0 (Commissioner Earnest voting `no'). July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 8 of 10 Planning Commission July 11, 2011 Page 9 of 10 RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Andrew Garner, Senior Planner, presented the staff report and recommendation. Justin Jorgensen, applicant, gave background for the rezoning and requested that the planning commission table this item for two weeks to allow them to provide a Bill of Assurance and other issues to be worked out. Public Comment: JoAnne Kvamme, neighbor, discussed that that are concerned about the bank getting a rezoning. There has been no contact at all about the rezoning. She discussed hillside, erosion, tree conservation, traffic on Mission. There is no place to walk, no reference to access onto Greenview. We want a smooth gradual transition from our neighborhoods. Pamela Conner, 1686 Shadowridge, discussed that there is no plan, nothing to look at, we don't know the developer. Would you want this? Don Conner, 1686 Shadowridge, discussed that this needs to have RSF-4 adjacent to all other RSF-4, including the Greenview entrance. This needs to be brought back to the original zone until a developer presents a plan. Neighborhood Conservation would allow duplexes all the way through. Four-story apartments are permitted in Community Services. Fred Sherman, 2134 Camelot, didn't agree with the previous Planning Commission's decision on Ruskin Heights. The previous decision waived a lot of hillside and grading ordinances. There are 75 stores within a half mile of Park Place, 10 stores are vacant. Put sidewalks on both sides of Mission so we can walk to these businesses. He doesn't want to see the backs of businesses or apartments. Aubrey Shepherd, discussed watershed, hillside, and erosion issues. A zoning consideration should be tied to development. Brad Booth, 2220 Camelot, agreed that the rezoning should be tied to an actual plan, what will be there. Mike Eggleston, 2146 Camelot, his bedroom is 10 yards from Ruskin Heights. Leave it like it is or allow a similar development. Janelle Booth, 2220 Camelot, this is not a walking community on Mission, we need sidewalks on Mission. This should go back to the previous zoning of RSF-4. No more public comment was presented. Commissioner Griffin asked why they are requesting this be tabled. Justin Jorgensen, applicant, discussed that there is a potential buyer for a portion of this site and they want to make sure the zoning boundary matches the area the potential buyer is looking at. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 9 of 10 Planning Commission July 11, 2011 Page 10 of 10 Kit Williams, City Attorney, discussed that the law requires zoning without development. You must look at what the proposed zoning would allow. Commissioner Hoskins discussed that this is similar to the recent rezoning for Summit on Township on a hillside. He has always been a fan of a PZD and discussed the reasons for a PZD. He asked about the street improvements on Mission. Jeremy Pate, Development Services Director, reviewed the various street improvements that were required and have been completed with the first phase of the Ruskin Heights development. The next development will be reviewed and similar street improvements may be required as were previously required with Ruskin Heights. Commissioner Hoskins asked about administrative approval for a form -based code. Pate discussed that a subdivision would require planning commission approval of a preliminary plat, which would likely be the first step after a rezoning of this site. Commissioner Hoskins asked if PZDs could be reinstated as they were. Williams answered, no, and explained why a PZD cannot be reinstated. He discussed that the previous owners committed to things in the PZD and there are different owners. The only way a PZD is legal is because it is an option. A PZD cannot be forced. To force someone to do a PZD would be contract zoning which is not legal. Commissioner Honchell discussed that the proposed zoning that he is looking at is very similar to what the previous Ruskin Heights proposed. Do members of the public have a way to see what the Planning Commissioners have seen? Garner discussed that all of the Ruskin Heights rezoning application materials have been posted on the City's FTP site and the neighbors have been emailed the website link. Commissioner Earnest asked the applicant to work with the neighbors. Justin Jorgensen, applicant, discussed that they will be happy to work with the neighbors. Williams discussed that the previous variances for Ruskin Heights are not grandfathered for the next development on this site. Motion: Commissioner Earnest made a motion to table RZN 11-3866 until the July 25, 2011 Planning Commission meeting. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (Commissioner Griffin voting `no'). There being no further business, the meeting was adjourned at 6:46 PM. July 25, 2011 Planning Commission PC Minutes 07-11-2011 Agenda Item 1 Page 10 of 10 aeY evile ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of July 25, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 19, 2011 CUP 11-3841: Conditional Use Permit (15 W. MOUNTAIN ST. & 1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for properties located at 15 WEST MOUNTAIN STREET and 1 WEST CENTER STREET. The properties are zoned MSC, MAIN STREET CENTER and P-1, INSTITUTIONAL and are on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on north of the Fayetteville Square. Planner: Dara Sanders THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE AUGUST 8, 2011 PLANNING COMMISSION MEETING. July 25, 2011 Planning Commission CUP 11-3841 Dickey Agenda Item 2 Page 1 of 2 July 25, 2011 Planning Commission CUP 11-3841 Dickey Agenda Item 2 Page 2 of 2 aye le 1 S THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 6, 2011 PC Meeting of July 25, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acres. The request is for Use Unit 29 (Dance Hall). Planner: Dara Sanders Findings: Background and property description: The subject property is located in the Fayetteville Square, within the Downtown Master Plan Area, and is developed for the E.J. Ball Building. The underlying zoning district is Main Street/Center and includes some of the City's highest intensity uses by right, including movie theaters, regional retail businesses, transportation -related businesses, hotels, and nightclubs (not providing dancing or outdoor music). The uses within the seven (7) -floor building include eating places (Bliss Cupcakes) and professional offices. The surrounding land use and zoning is listed below in Tame 1. Table 1 112 E. Center Street - Surrounding Land Use and Zonin Direction Land Use Zoning North Offices, eating places, retail Main Street/Center South Offices, Bank of Fa etteville, retail Main Street/Center East Offices, Ar -vest Bank, Main Street/Center, Downtown Core West City parking lot, offices Main Street/Center, Downtown General Proposal: The applicant proposes to utilize 2,075 square feet of the first floor as a night club with a dance floor of approximately 600 square feet (as shown in the attached floor plan) 4 days per week during the following hours: Thursday 10:00 p.m. — 1:00 a.m. Friday 10:00 p.m. — 2:00 a.m. Saturday 10:00 p.m. — 2:00 a.m. Sunday 10:00 p.m. — 1:00 a.m. Request: The applicant has requested a conditional use permit to operate Use Unit 29, a Dance Hall, in the Main Street/Center zoning district. G:IETCIDevelopment Services Review120111Development Review111-3867 CUP 112 W. Center St. Ste 100 (Club Lush)103 Planning Commission107-25-20111Comments and Redlines 11-3867 PLNG Comments.doc July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 1 of 14 Recommendation: Staff recommends approval CUP 11-3867, subject to the following conditions: Conditions of Approval: 1. Hours of operation for the dance hall shall be limited to: Thursday 10:00 p.m. — 1:00 a.m. Friday 10:00 p.m. — 2:00 a.m. Saturday 10:00 p.m. — 2:00 a.m. Sunday 10:00 p.m. — 1:00 a.m. 2. A Certificate of Zoning Compliance, indicating all conditions have been met for this Conditional Use Permit, shall be obtained by the applicant from the Planning Division to validate this approval. 3. The applicant shall schedule an inspection with the Fire Marshal and Building Inspector to assure compliance with the Arkansas State Fire Code. A Certificate of Zoning Compliance shall not be issued until the facility passes the inspection. 4. Maximum occupancy shall be determined by the Building Inspector and Fire Marshal. 5. Any expansion or change in use shall be subject to Planning Commission approval of a new conditional use permit. 6. All signage shall comply with the requirements of Chapter 174 and shall be permitted by a separate sign permit application. 7. Outdoor music shall be prohibited unless otherwise permitted by Planning Commission approval of a conditional use permit. 8. Compliance with the City's noise ordinance, as enforced by the Police Department. All music (acoustic or electronically amplified) shall be subject the regulations as follows: (A)No person shall operate or cause to be operated, or permit, contract or allow to be operated on premises on public or private property any identifiable source of sound in such a manner as to create a sound level within the use districts in Table 1 below which exceeds the maximum noise levels as set forth in Table 1 as measured at any point on the boundary of the property from which the sound or noise was emanating. Except between the hours of 10:00 p.m. and 1:00 a.m., a complaint under this section must be brought by a property owner or leaseholder affected by excessive noise on their property. Use Districts TABLE 1 Maximum Time Noise Levels All residential 7:00 a.m. to 60 dB(A) zones 11:00 p.m. G:IETCIDevelopment Services Review120111Develapment Review111-3867 CUP 112 W. Center Si. Ste 100 (Club Lush )103 Planning Commission107-25-20111Comments and Redlines1ll-3867 PLNG Comments.doc July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 2 of 14 All residential zones 11:00 p.m. to 7:00 a.m. 55 dB(A) All commercial zones 7:00 a.m. to 11:00 p.m. 75 dB(A) All commercial zones 11:00 p.m. to 7:00 a.m. 70 dB(A) All industrial zones 7:00 a.m. to 11:00 p.m. 80 dB(A) All industrial zones 11:00 p.m. to 7:00 a.m. 75 dB(A) All measurements shall be taken with a sound level meter in its fast or peak level setting. Planning Commission Action: Motion: Second: Meeting Date: July 25, 2011 ❑ Approved E Denied ❑ Tabled FUTURE LAND USE PLAN DESIGNATION: Downtown Master Plan 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 G:IETCIDevelopment Services Review120111Development Review1/1-3867 CUP 112 W. Center Si. Ste 100 (Club Lush)103 Planning Commission107-25-20111Comments and Redlines)) /-3867 PLNG Commentsdoc July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 3 of 14 permit for the Dance Hall in the Main Street/Center zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under § 161.24 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. Nightclubs are a permitted use (Use Unit 14, Hotels, motels, and amusement facilities) in the Main Street/Center zoning district and will contribute to the mixture of uses in and attract patrons to Fayetteville's Downtown during and after normal business hours. Additionally, staff finds that the proposed location is zoned for some of the highest intensity uses permitted in the City of Fayetteville and consists primarily of nonresidential uses that do not operate after 5:00 p.m. with the exception of the restaurants located on Block Avenue. Staff does not find that permitting an area for dancing in the nightclub will adversely impact the adjacent and surrounding uses. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: There are specific rules governing this individual conditional use request with which the applicant has complied (see page 6). (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; G:IETCIDevelopment Services Review120111Development Review111-3867 CUP 112 W. Center St. Ste 100 (Club Lush)103 Planning Commission107-25-20111Comments and Redlines111-3867PLNG Comments.doc July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 4 of 14 Finding: The building is located at the intersection of Center Street and Block Avenue and can be accessed by Center Street and the public alley located along the western side of the building. Staff finds that the accessibility, one-way driving lane, on -street parking, and existing sidewalks contribute to the automotive and pedestrian safety at this location. (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 regulations under Chapter 172.05(A)(3), Change of use, waive the parking requirements for any existing structure in the Main Street/Center zoning district; therefore, the proposed use is not required to comply with the standard parking ratio requirements of Chapter 172, Parking and loading. However, the property is adjacent to a public parking lot, and on -street parking is permitted along the property's street frontage. Other off-street parking locations are available in the immediate area, including a surface, paid parking lot located on Mountain Street to the west of the subject property and a paid parking garage located to the east. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The subject property is currently served by Fayetteville Solid Waste. Any changes in solid waste service shall be coordinated with the Solid Waste division. (d.) Utilities, with reference to locations, availability, and compatibility; The subject use does not require additional connections to utilities. Finding: Finding: N/A (e.) (1) Screening and buffering with reference to type, dimensions, and character; 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 Chapter 174, Signs, and shall be permitted separately by a sign permit application. (g.) Required yards and other open space; and Finding: N/A G:IETCIDevelopment Services Review120111Develapment Review111-3867 CUP 112 W. Center St. Ste 100 (Club Lush )103 Planning Cammission107-25-20111Comments and Redlines111-3867 PLNG Comments.doc July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 5 of 14 General compatibility with adjacent properties and other property in the district. Finding: Staff finds that a nightclub with a dance floor in this location is very compatible with the surrounding land uses, which are predominantly commercial and non- residential. The closest residential uses are located to the south, above the KNWA station, and to the north at the intersection of Church Street and Meadow Street. 163.06 Dance Halls Dance halls may be allowed as conditional uses where they are permitted subject to the following conditions: (A) Site plan. A site plan showing the property lines, structures on the property, driveways and parking spaces shall be filed with the Planning Division at least 15 days before the Planning Commission meeting at which the conditional use application will be considered. Finding: The applicant submitted the required information within the established timeframe. (B) Inspection. Before a conditional use permit is issued for a dance hall, the building must be inspected by the fire marshal and building inspector to assure compliance with the Arkansas State Fire Code and to assure that no significant safety hazards exist. No conditional use permit shall be issued for a dance hall facility if the building does not pass inspection. Finding: The applicant shall schedule an inspection with the Fire Marshal and Building Inspector to assure compliance with the Arkansas State Fire Code. A Certificate of Zoning Compliance shall not be issued until the facility passes the inspection. G: I ETCIDevelopment Services Review120111Development Review1ll-3867 CUP 112 W. Center St. Ste 100 (Club Lush)103 Planning Commission107-25-20111Comments and Redlines111-3867 PLNG Comments.doc July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 6 of 14 Conditional Use Permit Application c/vb Lush Article 3A: Currently Ball Plaza's entire square footage, 7 Floors plus basement, is 57,991 Sq/Ft. SOS Holdings, Inc will occupy a potion of the First Floor and a small portion of the basement for storage. The entire square footage of Floor 1 is 8,298, however .0/u'11 Lush will only occupy 2,075 Sq/Ft of this floor. The entire basement level is 6,338 Sq/Ft, although SOS Holdings will only occupy 50 Sq/Ft for storage. Article 3B: No parking spaces will be provided to G;ivI Last) by Ball Plaza Holdings, LLC. Customers can utilize a paid & metered lot to the West of Ball Plaza, metered spaces in the front (South Side) of Ball Plaza, metered spaces on Block Street, 2 Hour Free Parking on the Square, or other surround Public Parking options. Article 3C: Hours of Operation: Monday Tuesday Wednesday Thursday t6 Pa -I 411. 1Ofh-2AM Friday Saturday tbPmm-2AM Sunday /OM -)AM Number of Employees: ch, b L.vS', vill open with 4 employees and may potentially hire up to 8 individuals to assist in the business's operations. We do not anticipate having more than 5 employees on-site at any given time. July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 7 of 14 Anticipated Patrons: Article 3D: No additional outdoor lighting will be added to the patio area. Currently the space is outfitted with small spot lighting, pointed up to illuminate the existing awning. If it is determined additional lighting is needed for security purposes, fixtures will be installed on the outer edge of the awning and pointed back to the building. No lighting will be installed projecting front the building out. Article 3E: Sound equipment will be installed in the North end of the building (see Article 5B) around the dance floor, although placement of speakers will be configured in such a way to provide a more quiet area on the South end to create a lounge like atmosphere. Article 3F: The South and East sides of the buildings are buffered with a Stairwell, General Public Lobby, Bliss Cupcake Cafe, Public Restrooms and an unoccupied suite. The West side of the space is on an exterior wall of Ball Plaza, as well as a potion of the North end of the Space. Both of these walls face the Public Parking Lot to the West of Ball Plaza. July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 8 of 14 Article 3G: Club Lush will utilize the dumpsters currently behind (Northwest side) of Ball Plaza. These are existing units and we have no reason to believe these will need to be relocated. Article 3ti: Since no private parking tots accompany the property, alt traffic will remain on public streets and in the adjacent public parking lot. There should be no ingress or egress beyond normal downtown traffic. in the evening house Ball Plaza will see more foot traftice. Accommodations havebeen made by the landlord to handle the slight increase in traffic. Articte 3G: Club Lush will operate in the evenings only arterail other -businesses in the current building and general area areclosed. There are other dance halls within a short distance that currently operate and Club tush will offer an upscale alternative to those businesses. We hope to bring more patrons ln that would not normally venture to the Downtown Square, Block Street or the surrounding area. July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 9 of 14 Article 4: SUITE 100 PATIO 1241 s1,_ _. 1Ptf 26161 July 25, 2011 Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 10 of 14 44f�. 6 Align oldotor of now wart vi.Ut center of existing Ysindow mullion 1 hour fixe barrier wail — O DRAPERY - PARRS! 1V4 P X g N DRAPE-RY PANEL SOLAR SHADES ON CARRY/ YJDOW DANCE FLOOR 105 flon new ^T VAS'! )f edistih- Cunni DRAPERY t 3ANEL Built -!n bench seating ° —F 0 g .i w I. a DINING F0600 n J• PENDANT ! �I 102._" °! .l�� ' L !,� 1 !DRAPERY I PANEL .t._ t PANEL UP Built -In berich#et! L I Acoustic the ceiling in kitchen \\ \ RAR ____. �:r.. \\\\\\\\\ A \ ` \\ \\\\\\\\\\\ \\\\ \\ \\\\\\\ \\'\\\\\�',\ \\ \\ \\\\, \ \\\�\\ \\\ �\ ii \\yA AvA\\v •`vA„w.AvA wA\\ \ \•\\ \\\\\\\ \\\\\\\�\\\\\ \\\\S \\\ \ '.\'. \\�\\\\ \\ \`\\ \ \ \ \ \ • ...„.„.„.\\ v\\ k �� \\ \ v \ �� A`\ v .��wvv v Av v\�\.yvvvA ,w� \ v r\\\c \\\\\\I\ \�- VvV\ \ \ \\ \\ \ vv„•.vv•:yA�.yy.A,AAvvv..vA\\v vA \\\V\vvA\\\Vv�\w,y\ A::„\AAvA\: \AVA\\,\\yA VAVAAAA\\ �•gym\.VAAV •1l.\\\\\*\\\V\\\\\A\\CUP 11-3867 Club Lush VAVvAV�\�: � ;AANVAAV v V • VAS A Agenda Item 3 lv\...\ \.":,:i v 4A., •N Page 11 of 14 'ANEL DRUM PENDANT CHECK -!N 101 DRAPERY PANEL I DINING TERRACE 112 I CUP 11-3867 CLUB LUSH Close Up View SPRING ST CENTER ST ALLEY 155 Hillside -Hilltop Ov+rlay District _ _ ! Design Overlay Di strict Design Overlay Di strict Planning Area 0 75 150 Fayetteville 300 450 600 F4e1 July 25, 2011 rimming Unm115DIUO CUP 11-3867 Club Lush Agenda Item 3 Page 12 of 14 CUP 11-3867 CLUB LUSH One Mile View z VATE Overview _.- • -ai-..r 1.r 1•, • 1 Legend Subject Property C1 PI1- 867 Boundary 0 0.25 0.5 62 CU [____J Desi '1 .._ Plan Fay 1 11-3867 .n Overlay District ing Area tteville Planning Commission CUP 11-3867 Club Lush Agenda Item 3 Page 13 of 14 CUP 11-3867 Close Up View CLUB LUSH HOTEL OFFICES BANK/OFFICES rocil COMMERCIAL OFFICE/CONDOS 6 RETAIL/RESTAURANT „Footprints 2010 - Hillside -Hilltop Ov [_ _! Design Overlay Di Design Overlay Di Planning Area Fayetteville rlay District •trict •trict 0 75 150 300 450 600 reel July 25, 2011 CUP 11-3867 Club Lush Agenda Item 3 Page 14 of 14 aye evi le ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: July 20, 2011 PC Meeting of July 25, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the propertyto CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Planner: Andrew Gamer THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE AUGUST 8, 2011 PLANNING COMMISSION MEETING TO ALLOW THEM MORE TIME TO MEET WITH AND DISCUSS CONCERNS OF THE SURROUNDING PROPERTY OWNERS. G:IETCIDevelopmeni Services Review120111Developmenl Review111-3866 RZN2013 E. Mission Blvd (Ruskin Heights)103 Planning Commission107-25-20111Comments and Redlines July 25, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 4 Page 1 of 2 [T7. e. ni � (7/20/2011) Andrew Garner - Ruskin Heights Rezoning From: "Justin Jorgensen" <justin@jorgensenassoc.com> To: "'Andrew Garner"' <agarner@ci.fayetteville.ar.us> Date: 7/19/2011 1:57 PM Subject: Ruskin Heights Rezoning Andrew, The owner would like to request that the Ruskin Heights Rezoning be tabled in order to give us time to meet with surrounding property owners to listen to their concerns. We would like to be tabled until the August 8th Meeting. Thanks, Jorgensen 8 Associates 124 W. Sunbridge, Suite 5 Fayetteville, AR. 72703 phone: (479) 442-9127 fax: (479) 582-4807 Page 1 July 25, 2011 Planning Commission RZN 11-3866 Ruskin Heights Agenda Item 4 Page 2 of 2