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Home My WebLink About2012-10-08 - Agendas - Final Planning Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting October 08, 2012 A meeting of the Fayetteville Planning Commission will be held on October 8, 2012 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 Consent. 1. Approval of the minutes from the September 24, 2012 meeting. New Business: 2. ADM 12-4237: Administrative Item (719 W. MARTIN LUTHER KING BLVD./KUM AND GO, 522): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 719 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The applicant requests a waiver of the Unified Development Code Section 166.13 (Underground Utility Wires) to allow two existing overhead power poles and associated overhead wires to stay in place, running east and west along Martin Luther King Boulevard. Planner: Andrew Garner 3. LSD 12-4194: Large Scale Development (1967 W. TRUCKERS DR./CLARITY POINTE, 247): Submitted by GBS ENGINEERING for property located at 1967 WEST TRUCKERS DRIVE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT, and contains a total of 4.96 acres. The request is for an assisted living facility. Planner: Quin Thompson 4. LSD 12-4190: Large Scale Development (1325 JOYCE BLVD/LEGACY BANK, 175): Submitted by USI CONSULTING ENGINEERS, INC. for property located at 1325 JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 1.53 acres. The request is for a 4,850 square foot bank with associated parking. Planner: Jesse Fulcher 5. PPL 12-4225: Preliminary Plat (3018 & 2980 N. ALTUS LNJALTUS SUBDIVISION, 258): Submitted by NATHAN HARRIS for properties located at 3018 AND 2980 NORTH ALTUS DRIVE. The property is in the PLANNING AREA and contains approximately 3.29 acres. The request is for a residential subdivision with three single family lots. Planner: Andrew Garner 6. CUP 12-4235: Conditional Use Permit (729 WEST NORTH STREET/RECYCLING DROP-OFF FACILITY, 444): Submitted by THE CITY OF FAYETTEVILLE for property located at 729 WEST NORTH STREET. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 0.75 acres. The request is for a recycling drop-off facility (Use Unit 2) in the RMF-40 zoning district. Planner: Jesse Fulcher 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 far the Deaf, are available far 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 September 24, 2012 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 24,2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: September 10,2012 Approved Page 3 VAC 12-4221: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS,559): Page 3 Approved New Business: LSD 12-4215: Large Scale Development(585 WILLOUGHBY/THE CULLS H,361): Page 4 Approved CUP 12-4218: Conditional Use Permit(191 E. SUNBRIDGE/THE NEW SCHOOL,290): Page 5 Approved LSD 12-4217: Large Scale Development(191 E. SUNBRIDGE/THE NEW SCHOOL, 290): Page 6 Approved LSD 12-4190: Large Scale Development(1325 JOYCE BLVD/LEGACY BANK, 175): Page 7 Tabled PPL 12-4216:Preliminary Plat(NORTHWEST OF MISSION AND SHELTON/CHAPEL VIEW,259): Page 8 Approved CUP 12-4214: Conditional Use Permit(1417 MARTIN LUTHER KING BLVDJEZ MART,521): Page 9 Tabled CUP 12-4223: Conditional Use Permit(793 E.LIGHTON/THOMPSON, 525): Page 10 Approved October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 1 of 10 Planning Commission September 24, 2012 Page 2 of 9 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Chesser Porter Winston Bunch Kyle Cook Ryan Noble Matthew Cabe Blake Pennington Craig Honchell STAFF PRESENT Andrew Garner Quin Thompson Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Bunch and Chesser were present. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 2 of 10 Planning Commission September 24, 2012 Page 3 of 9 Consent. Approval of the minutes from the August 27,2012 meeting. VAC 12-4221: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.04 acres. The request is to vacate a portion of a water and sewer easement on the subject property. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 3 of 10 Planning Commission September 24, 2012 Page 4 of 9 New Business: LSD 12-4215: Large Scale Development (585 WILLOUGHBY/THE CULLS II, 361): Submitted by CLAY GROTE for property located at 585 WILLOUGHBY RD. The property is zoned I-1, Heavy Commercial and Light Industrial and contains a total of 2.33 acres. The request is for a 24,250 square foot office and warehouse building. Quin Thompson read the staff report. Megan Dale,Urban Forester, discussed issues relating to the Tree Preservation requirement and Prior Tree Removal. Clay Grote,applicant's representative,noted that the proposed site plan contains as many mitigation trees as possible. He discussed prior tree removal, questioning the timing of the 5 year time penalty. Joe Terminella, the applicant, requested that the Prior Tree Removal penalty be waived in this case, effectively asking for a variance from the Tree Preservation Ordinance.He stated that the Prior Tree Removal penalty is unreasonable in this case. Commissioner Hoskins asked how many trees were illegally removed,and what type of tree was removed. Dale stated that the Prior Tree Removal penalty was in effect due to the removal of one cedar tree. Commissioner Hoskins asked whether the applicant had considering offering any off-site preservation. Mr.Terminella said that he did not believe it was reasonable to create a permanent easement on his personal property. Motion: Commissioner Cook made a motion to approve LSD 12-4215 with all conditions as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-1-0,with Commissioner Noble voting no. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 4 of 10 Planning Commission September 24, 2012 Page 5 of 9 CUP 12-4218: Conditional Use Permit(191 E. SUNBRIDGE/THE NEW SCHOOL,290): Submitted by JORGENSEN AND ASSOCIATES for property located at 191 E. SUNBRIDGE. The property is zoned R-Q RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 19.23 acres. The request is for an expansion to the existing school (Use Unit 4) in the R-O zoning district. LSD 12-4217: Large Scale Development(191 E. SUNBRIDGE/THE NEW SCHOOL, 290): Submitted by JORGENSEN AND ASSOCIATES for property located at 191 E. SUNBRIDGE. The property is zoned R-O, Residential Office and C-2, Thoroughfare Commercial and contains a total of 19.23 acres. The request is for a 46,905 square foot preschool/auditorium addition. Andrew Garner, Senior Planner, gave the staff report for both the conditional use permit and large scale development for Th New School Blake Jorgensen, applicant, was present for any questions. No public comment was presented. Commissioner Hoskins asked about the sidewalk on Sunbridge. Blake Jorgensen,applicant discussed where the new sidewalk was going,not extending all the way to Villa Bouleavrd. Motion for CUP 12-4218: Commissioner Cook made a motion to approve CUP 12-4218 with all conditions as approved by staff. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 6-0-1, with Commissioner Cabe recusing. Motion for LSD 4217 Commissioner Cook made a motion to approve LSD 12-4217 with all conditions as approved by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-1, with Commissioner Cabe recusing. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 5 of 10 Planning Commission September 24, 2012 Page 6 of 9 LSD 12-4190: Large Scale Development(1325 JOYCE BLVD/LEGACY BANK, 175): Submitted by USI CONSULTING ENGINEERS, INC. for property located at 1325 JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 1.53 acres. The request is for a bank of 4,850 square feet with associated drive-thm facility and parking. No staff report or public comment was presented Motion: Commissioner Cook made a motion to table LSD 12-4190 until October 8, 2012. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 6 of 10 Planning Commission September 24, 2012 Page 7 of 9 PPL 12-4216: Preliminary Plat(NORTHWEST OF MISSION AND SHELTON/CHAPEL VIEW, 259): Submitted by BATES AND ASSOCIATES for property located NORTHWEST OF MISSION AND SHELTON. The property is in the Planning Area and contains approximately 22.88 acres. The request is for a residential subdivision with nineteen single family lots. Quin Thompson read the staff report. Ben Booth, the applicant, discussed the size of the stream that would be crossed according to the Staff recommendation of street extension to the north of the property.He said that his goal is minimal disturbance to the stream and its banks, as well as to mature stands of trees north of the creek. Geoff Bates,applicant's representative,stated the project team's preference for future street connectivity to the west rather than to the north. Commissioner Hoskins discussed potential locations for connection, recommending a connection to the northeast corner of the property. Motion#1: Commissioner Hoskins made a motion to approve condition#1 requiring a street stub- out to the north. The stub-out shall be to the east of the creek in a spot agreeable with the applicant and staff. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion#2: Commissioner Hoskins made a motion to approve PPL 12-4216 with condition#1 as already approved, and requiring the western street stub-out in a location determined by the applicant and staff. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 7 of 10 Planning Commission September 24, 2012 Page 8 of 9 CUP 12-4214: Conditional Use Permit(1417 MARTIN LUTHER KING BLVD./EZ MART,521): Submitted by EB LANDWORKS for property located at 1417 MARTIN LUTHER KING BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.96 acres. The request is for more parking spaces than allowed by ordinance. No staff report or public comment was presented. Motion: Commissioner Cabe made a motion to table CUP 12-4214 indefinitely. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 8 of 10 Planning Commission September 24, 2012 Page 9 of 9 CUP 12-4223: Conditional Use Permit(793 E.LIGHTON/THOMPSON, 525): Submitted by COMMUNITY BY DESIGN for property located at 793 E. LIGHTON. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.45 acres. The request is for an accessory structure on a lot without a principal structure. Andrew Garner, Senior Planner, gave the staff report. Kathy Thompson, applicant, was present for any questions. No public comment was presented. Motion: Commissioner Cabe made a motion to approve CUP 12-4223 with all conditions as approved by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 7.01 PM. October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 9 of 10 October 8,2012 Planning Commission PC Minutes 09-24-2012 Agenda Item 1 Page 10 of 10 ae evi le y AnnAN5A5 PC Meeting of October 8, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: October 2, 2012 ADM 12-4237: Administrative Item (719 W. MARTIN LUTHER KING BLVD./KUM AND GO, 522): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 719 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The applicant requests a waiver of the Unified Development Code Section 166.13 (Underground Utility Wires) to allow two existing overhead power poles and associated overhead wires to stay in place, running cast and west along Martin Luther King Boulevard. Planner: Andrew Garner Findings: Property and background: The subject property is a 2.46-acre parcel zoned C-1, Neighborhood Commercial, at the southwest corner of Martin Luther King Boulevard (Hwy 62) and Hill Avenue. The property is under construction for a new Kum and Go gas station that was approved by the Planning Commission in 2011 (LSD 11-3966). Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Duplex; Undeveloped C-1, Neighborhood Commercial; RMF-24, Residential Multi-family 24 Units Per Acre East Brenda's Burgers: Coors Plant 1-1, Heavy Commercial and Light Industrial West and Multi-family residential (Hill Place R-PZD Hill Place South complex) Fayetteville Unified Development Code: Fayetteville Unified Development Code (UDC) Section 166.13 requires that new commercial development place all utility wires underground as noted below: Fayetteville Unified Development Code Section 166.13 Underground Utility Wires (A) In the new residential developments requiring Planning Commission approval and new commercial developments all utility wires, lines, and/or cable in said developments utilized by electric and/or telecommunications companies shall be placed underground. (B) Waiver. In case of hardships, (including but not limited to financial, geological, environmental, or G:I ETCIDevelopment Services Review120120evelopmenl Review112-4237 ADM 719 W.MLK(Kum&Go)103 Planning Commission110-08- 20121Comments and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 1 of 18 regulatory) unique to the subject property, the Planning Commission may grant a waiver, on a permanent or temporary basis, to allow the erection, construction, installation, maintenance, use or operation of poles and overhead wires and associated overhead structures. (C) Exemptions. The following shall be exemptfrom the requirements of this section: (1) Overhead wires, supporting structures, and associated structures of a temporary nature which provide temporary service. A permit obtained from the Zoning and Development Administrator for said temporary service, addressing the nature and duration of said service, shall be required. (2) Existing lines of 12Kv and above. (3) A single power pole near the exterior boundary of a development shall be allowed to provide connections for underground service. (D) Nothing herein shall be construed to usurp the authority of the Arkansas Public Services Commission and in all instances of conflict, the rules and regulations of said Arkansas Public Service Commission shall prevail. (Ord. No.4100, §2 (Ex. A), 6-16-98; Ord. No. 4169, §1, 6-16-99) Proposal: The developer of the Kum and Go gas station requests that the Planning Commission grant a waiver pursuant to UDC Section 166.13 that would result in a total of three power poles and overhead wires remaining after the completion of the development of the new gas station. The lines are less than 12 Kv and are required to be placed underground by ordinance. The three poles are located on the site as follows: Pole No. 1. Existing pole in the northeast corner of the site to be utilized as a brace pole and anchor for the overhead electric lines extending east, parallel to Martin Luther King Boulevard. Pole No. 2 Existing pole in the north-central portion of the site along Martin Luther King Boulevard to be retained to provide primary service to the duplex directly north across Martin Luther King Boulevard. Pole No. 3 New pole and overhead wires in the southeastern portion of the site to provide connection for underground service to the new gas station. This new pole is exempt from UDC 166.13.C(3) and is permitted by right. Applicant's Justification for the Waiver: The applicant has submitted a letter request along with diagrams showing the proposed utility connections to the site. The applicant indicated that they will be relocating approximately 137 linear feet of overhead wires, lines and/or cable underground and remove two power poles located along the north and west property lines. Their letter discusses that the pole in the northeast corner of the site (Pole No. 1) is needed to serve as a brace pole and anchor for the lines extending east along Martin Luther King Boulevard, eliminating the pole on their property would require another pole or guy wires/anchors on an adjacent property. The applicant indicated that removing the existing pole in the north-central portion of the site (Pole No. 2) would require a bore of the state highway that would be costly to G:IETCIDevelopmeni Services Review120121Development Reviewll2-4137 ADM 719 W. MLK(Kum&Go)W3 Planning Commission110-08- 20121Comments and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 2 of 18 the applicant and would cause disruption in service to the adjacent property (the existing duplex) and would require reconstruction of the driveway. Recommendation: Pole No. 1 Staff recommends approval of the waiver request for the existing pole in the northeast corner of the site (Pole No. 1) because a brace pole and anchor for the lines extending east would be required to be installed elsewhere if this pole is not permitted to remain. In order to offset the impacts of this pole staff recommends that the applicant not be permitted to install another new overhead pole (Pole No. 3) for new service to the gas station. New utility service to the gas station could reasonably be accommodated by trenching across Hill Avenue and installing the utilities underground on-site without a new pole. Pole No.2 Staff recommends denial of the waiver request to allow this existing pole and the associated overhead wires to remain. The intent of the code is to place all utility lines and cable on a new commercial site underground. To allow this pole and its wires to remain above ground does not meet the intent of the code. In staffs opinion, the applicant has not demonstrated that there is a hardship unique to this property that justifies the waiver. It is a common condition for new commercial developments to place existing overhead wires underground which involves relocation and temporary disruption and inconvenience to surrounding properties, as would occur here. In order for staff to consider that there is a financial hardship related to this pole, staff would desire to see the overall cost of the project in relation to the cost of placing this pole underground, which has not been provided at this time. Recommended Motion: Staff recommends denial of the waiver for Pole No. 2 based on the findings herein. Staff recommends approval of ADM 12-4237 to allow for Pole No. 1 and its associated wires to remain above ground based on the findings herein, with the following condition: Condition of Approval: 1. In order to offset the impacts of Pole No. 1 that will remain, another new power pole and overhead utilities to the site (Pole No. 3) shall not be permitted for new service to the gas station. Utility service for the new gas station could reasonably be accommodated with underground utility connections directly across Hill Avenue from the gas station. Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Meeting Date: October 8, 2012 Vote: G:WTCIDevelopmeni Services Reviewl20121Development Review112-4237 ADM 719 W.MLK(Kum&GoflO Planning Commission110-08- 1012IComments and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 3 of 18 ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W.Regency Parkway,Suite 2 Bentonville,AR 72712 479.273.9472 Fax479.273.0844 DISTRIBUTION: RERIFile Kum&Go.L.C. September 28, 2012 City of Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, AR 72701 Attn: Planning Department Re: Kum &Go#413—Waiver Request for Existing Power Pole Locations Martin Luther King Jr. Blvd and Hill Ave Fayetteville, Washington County, Arkansas CEI Project No. 26728.0 To Fayetteville Planning Commission: This is a formal request for a waiver from the City of Fayetteville's Unified Development Code (Underground Utility Wires, Ch. 166.13 (A, B, C, & D). The ordinance states, "In the new residential developments requiring Planning Commission approval and new commercial developments all utility wires, lines, and/or cable in said development utilized by electric and/or telecommunications companies shall be placed underground". We are proposing placing all utility wires, lines and/or cable underground along the south side of Martin Luther King Jr. Boulevard (BLK Blvd.). However, due to the complexity of the existing overhead power lines extending east and west along MLK Blvd., we respectfully request that two power poles remain in place. It has been under the direction of AEP that the existing poles should remain in place (see attachment, Pole No. 1 and No. 2) while eliminating the overhead lines in accordance with the City's Unified Development Code. The following conclusions are derived from AEP's recommendations to keep the existing power poles in place: • The existing pole located at the southwest corner of the intersection of MLK Blvd. and Hill Ave. (see attachment, Pole No. 1) serves as a brace pole and anchor for the lines extending east, parallel to MLK Blvd. By removing the said pole, AEP would require a Guy Wire (Dead Man) to be placed on the existing pole across Hill Ave. By doing so, the anchor itself would then be located within Hill Ave. Such positioning of the Dead Man would be necessary in order to secure the existing lines and to ensure the lines are structurally sound. The other option would be to place a second pole on the October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 4 of 18 adjacent property(southeast corner of MLK Blvd. and Hill Ave.), thus eliminating one pole on the Kum & Go property and installing a second pole on the adjacent property. • The existing pole located at the north property line of the Kum & Go property (see attachment, Pole No. 2) currently provides primary service for AEP and ultimately serves the existing residents north of MLK Blvd. Eliminating the said pole would result in a jack and bore of the State Highway in order to continue service to the adjacent property located along the north side of MLK Blvd. This option would be costly to Kum & Go and would create obstructions on either side of MLK Blvd. for the placement of the bore pits. Furthermore, the relocation of the overhead lines crossing MLK Blvd. would cause an inconvenience and disruption in service to the adjacent property and would require the demolition and reconstruction of the driveway in order to make connection to the power pole located on the north side of MLK Blvd. With the exception of the two power poles remaining, Kum & Go will relocate approximately 137 linear feet of overhead wires, lines and/or cable underground and remove two power poles located along the north and west property lines. Kum & Go will also install two new street lights at the intersection of MLK Blvd. and Hill Ave. Special conditions exists which are unique to this site and which are not applicable to other sites in the same district. Literal interpretation of the provisions of these ordinances would deprive us of the right commonly enjoyed by other properties in the same district under the terms of this ordinance. These special conditions do not result from any actions on our part and granting these variance requests will not confer on us any special privilege that is denied by this ordinance to other sites in the same district. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to call. Respectfully submitted, Michael Cloffelt Project Desi r CEI Engineering Associates, Inc. October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 5 of 18 `ii-=o�f Yi_Wo �#wo ,�F; UZ ��B ,wagp� �N�o aces§ $c^ikono a€ff & i ,2 Fg > «9� csizmc� Z � `3�� r �w �a � �m °8a8<3$$o�i : wo z A` m a a ar✓o z vwi°�om' a G � O C _ � 5 any 711H 1 LH s�z zas 0 u to�Ai 4TH u€�^ II n�cggrr — — F V F a �a8c I - N �Q� h If - � ! 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N87b124`W 410.71 RRpp1t� S EASEMENT HED BEFORE 999UILOIND PERNIT AND WORK PERFORMED IN THIS AREA) P 3 a 0 October 8,2012 u Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 7 of 18 �P.Iz ccnr-M"or) 20 Ta7eft evl lePC Meetinp of November 14 2011 ARKANSAS b THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Glenn Newman, Staff Engineer THRU; Jeremy Pate, Development Services Director DATE: Nev • i Undated November 15, 2011 LSD 11-3966: Large Scale Development (SOUTHWEST CORNER MLK BLVD. & HILL AVE./KUM AND GO, 522): Submitted by CEI, INC. for property located at the SOUTHWEST CORNER OF MARTIN LUTHER KING BOULEVARD AND HILL AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The request is for the development of a gas station with sixteen fuel pumps. Planner: Andrew Garner Findings: Property and background: The subject property is located at the southwest corner of Martin Luther King Boulevard (Hwy 62) and Hill Avenue. The property is a disturbed and undeveloped site with 21.2%tree canopy. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Duplex; Undeveloped C-1, Neighborhood Commercial; RMF-24, Residential Multi-family 24 Units Per Acre East Brenda's Burgers: Coors Plant 1-1. Heavy Commercial and Light Industrial West and Multi-family residential (Hill Place R-PZD Hill Place South complex) Request: The applicant requests large scale development approval to construct a gas station with 16 fuel pumps and a 4,958 sq. ft. convenience store. Water and Sewer System: The property has access to existing public water and sewer services. Adjacent streets and right-of-way: This site is adjacent to the signalized intersection of Martin Luther King (Hwy 62), a principal arterial street; Hill Avenue, a collector street, and Royal Oak Parkway, a local street. Adequate right-of-way exists in conformance with the Master Street Plan along Martin Luther King and Royal Oak Parkway. Royal Oak Parkway is a divided road adjacent to the site with the median under private ownership and not within the City right-of- way. Right-of-way dedication in the amount of 35 feet from centerline along Hill Avenue is required. Street Improvements: Staff recommends the following street improvements: new sidewalk on G:IETCIDevelopment Services Review LM111Development Revieu,111-3966 LSD SW Corner of MLK&Hill(Kinn&Go)102 Subdivision Committeelll-03-111Comments and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 8 of 18 Hill Avenue at the Master Street Plan right-of-way line; street lights at intersections and spaced every 300 feet; any damaged or cracked sidewalk on Martin Luther King and Royal Oak Parkway will need to be replaced prior to final occupancy. Because of the high volume of existing traffic on adjacent roadways combined with increased turning movements anticipated with the proposed gas station, staff recommends a dedicated left-turn signal at the Hill/Martin Luther King intersection. Upgrades to the signal to provide dedicated left turns shall be required of the developer with this project, subject to approval by the Arkansas State Highway Department. Tree Preservation: Existing Canopy: 21.2% *Preserved Canopy: 5.1% Required Canopy: 20% *Mitigation Required:See attached memo from Urban Forester. Access Management/Connectivity: The subject site is bounded by public streets on the north, west and east sides. The north side of the property is adjacent to Martin Luther King (Hwy 62, a principal arterial street), the east side is adjacent to Hill Avenue (a collector street), which is a signalized intersection, and the west side is adjacent to Royal Oak Parkway, which is a local street.The access management ordinance states that access shall be taken from the street with the lower functional classification, in this case Hill Avenue and Royal Oak Parkway. Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from a driveway or intersection. These standards were adopted so that new access to development would not create or contribute to unsafe or congested conditions, especially along arterial roadways. As new access points are created, the potential for vehicle conflicts between through traffic and traffic using the access increases. In addition to decreased safety, poorly designed access points increase congestion and traffic delays. The applicant proposes a 39-foot wide full access in, right-out only, driveway on Martin Luther King, a principal arterial. This access requires a variance for the following reasons: ■ The site has available access on two adjacent lower classification streets. • The proposed curb cut is approximately 119 feet from the intersection of Royal Oak Parkway/Martin Luther King, and 240 feet from the intersection of Martin Luther King/Hill Avenue, when 250-foot separation is required. At the technical plat review meeting City staff indicated to the applicant that they were not in favor of a full access curb cut onto Martin Luther King due to traffic safety concerns and available access on two adjacent side streets. Staff recommended some options instead a full access curb cut onto Martin Luther King to make the lower classification streets the priority for access consistent with ordinance. The options that were suggested by staff included a full access to Royal Oak Parkway and a right-in only curb cut onto Martin Luther King. Other options included a right-in only access on Martin Luther King and an exit/entrance from the gas station to Royal Oak Parkway. The applicant has provided a letter(attached) that discusses their consideration of various access GrIETCIDevelopment Services Reviem120111Developniem Revle3i,UI-3966 LSD SW Corner offvILK&Hill(Kum&Go)W2 Subdivision ConuaiueeUJ-03-IIICommeuts and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 9 of 18 options. The current proposal now includes a full access in and a right-out only curb cut onto Martin Luther King and a full access onto Hill Avenue. The main reasons stated by the applicant for the proposed access onto Martin Luther King include ease of transport truck delivering fuel to the store and concerns with site distance at the intersection of Royal Oak Parkway. Access Manazement Variance Recommendation: Staff does not support the applicant's variance request finding that the proposed curb cut does not meet the intent of the Access Management ordinance that states: "Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification, ex. Local and Collector." The applicant has not designed their site with this ordinance in mind. Rather, the applicant has designed the site by placing a higher priority on accessing the Principal Arterial, rather than the adjacent Local Street, Royal Oak Parkway, and the adjacent Collector Street, Hill Avenue. The primary entrance to this development is proposed off of the Principal Arterial. This is in direct conflict with the Access Management ordinance quoted above. The ordinance also states: "Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. " The proposal does not provide connectivity to Royal Oak Parkway, in conflict with the ordinance quoted above. Staff has conducted several site visits to observe traffic flow, site distance, and turning movements in the area. The site has adequate access on two adjacent side streets, including a signalized intersection at Hill Avenue. The proposed full access in and right-out only curb cut on Martin Luther King (MLK) may create a traffic safety hazard due to conflicting turning movements, especially with vehicles turning left into the development conflicting with vehicles turning right out of Royal Oak Parkway, and vehicles traveling at relatively high speed east and west on MLK. There is also a potential danger with westbound vehicles entering the turn lane on MLK to turn left into this development, and eastbound vehicles on MLK entering the turn lane to turn left at the signal on Hill Avenue and potential head-on conflict within the stacking of the intersection. This is depicted on a video clip shown at agenda session and planning commission and indicated on a diagram provided by staff. As observed by staff, vehicles stack in the left eastbound lane on MLK because the right lane is required to turn right at the next intersection. This stacking encourages vehicles to travel down the center turn lane of MLK which will be in direct conflict with vehicles heading westbound and turning left into the gas station. Public Comment: Staff had two phone conversations and received an email from a representative of Hill Place (the adjacent apartment complex to the south). As indicated in the email and as discussed in person at the November 4`h Subdivision Committee meeting, Hill Place does not recommend a curb cut for the gas station onto Royal Oak Parkway citing conflicts with the residents of their property.They do request a sidewalk connection. G:IETCIDevelopment Services Revieu410110evelopment Revieivlll-3966 LSD SW Colmer of MLK&Hill(Kum&Go)102.$bdivision CommitteeU I-03-111Cornmews and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 10 of 18 Recommendation: Staff recommends approval of LSD 11-3966 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a variance from Chapter 166.08(F), access management and curb-cut separation. As described above, the applicant proposes a full access in and right-out only curb cut onto Martin Luther King Boulevard 119 feet from the intersection of Royal Oak Parkway/Martin Luther King, and 240 feet from the intersection of Martin Luther King/Hill Avenue. Staff recommends denial of the variance based on the findings discussed earlier in this report. Staff recognizes that Royal Oak Parkway is constrained for full commercial access to this property because of topography and the existing median. This is a somewhat unique situation and stafffeels that a secondary point ofaccess to Martin Luther King Boulevard is warranted based on the size of the parcel and length of street frontage(388 feet). However, in staff's observations any proposal with a curb cut that will allow left in or left out turning movements on MLK will create a dangerous traffic condition. Consistent with Chapter 166.08(F), staff recommends that the proposed curb cut be limited to a right-in and right-out only. Should the Planning Commission recommend in favor of the proposed curb cut, the applicant may be required to provide a vehicular traffic safety and site distance study prior to construction permits to verify compliance with basic engineering standards, as determined by City Engineering staff. Additionally, upon construction and prior to occupancy, City staff shall be authorized to require the applicant to make minor changes to this driveway such as signage and painting to make the limited access design as functional as possible. PLANNING COMMISSION DETERMINED IN FAVOR OF A VARIANCE AS RECOMMENDED BY STAFF FOR RIGHT-IN AND RIGHT-OUT ONLY(11-14-11). 2. Planning Commission determination to provide access (connectivity) to Royal Oak Parkway. The City's overall policies and ordinances, including UDC Section 166.08 and 166.14(C)(4), encourage connectivity within and between adjacent developments and local roadways. According to the adjacent property owner to the south, Hill Place LLC, there are approximately 840 residents on 27 acres within the Hill Place development. Without access to Royal Oak Parkway, drivers or pedestrians that would like to access the proposed gas station from that development will all be forced to use Hill Avenue and potentially wait in a turn lane for a signalized intersection to turn into the gas station, or turn right onto Martin Luther King Boulevard (a principal arterial roadway and state highway) and travel approximately 100 feet then turn right into the gas station. This will unnecessarily result in more potentially dangerous turning movements onto MLK; increase congestion and decrease road capacity. G:16TCIDeve1opmen1 Services Review120111Deve/opnienl Reviewl]1-3966 LSD SW Caner of MLK&Hill(Kion&Go)102 subdivision CommilieeU 1-03-111Commenis and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 11 of 18 a. Sidewalk connection. Staff recommends that a direct sidewalk connection between Royal Oak Parkway and the gas station be provided, in addition to the sidewalk connection that is already shown from Hill Avenue. This recommendation is based on the volume of pedestrian activity in the vicinity and the proposed convenience store use, in addition to UDC Section 172.04.B. There are 840 University of Arkansas students adjacent to the south in Hill Place. These students are within walking distance of the proposed convenience store that will be selling food and groceries. Hill Place LLC has requested that a sidewalk be provided from Royal Oak Parkway to the gas station. b. Vehicular connection. Staff recommends that the proposed development provide vehicular access to Royal Oak Parkway consistent with the City's overall policies and ordinances to provide complete, compact, and connected communities, including UDC Section 166.08 and 166.14(C)(4). Staff does not recommend a median cut on Royal Oak Parkway, resulting in a right-in, right-out access on this northbound section of the boulevard street. PLANNING COMMISSION DETERMINED IN FAVOR OF A VEHICULAR AND SIDEWALK CONNECTION TO ROYAL OAK PARKWAY (11-14-11). 3. Planning Commission determination of a variance request from Chapter 172.04(E), Parking Lot Design Standards. The applicant has submitted a variance request from the maximum drive aisle width requirement of 24 feet and proposes to utilize a range of drive aisle widths from 30 feet to 33 feet to accommodate turning radius required for large truck parking lot circulation and access to the underground gasoline storage tanks. An Autoturn diagram has been added to the site plan on Sheet 5 of the submitted plat to indicate that the request is justified. Staff recommends approval of the variance request to exceed the maximum drive aisle width of 24 feet to accommodate the turning radius of the large trucks, as indicated on the diagram. PLANNING COMMISSION DETERMINED IN FAVOR OF THE VARIANCE(11-14-11). 4. Planning Commission determination of Commercial Design Standards. Staff recommends in favor of the proposed design finding that the building meets the minimum requirements of the Commercial Design Standards. PLANNING COMMISSION DETERMINED IN FAVOR(11-14-11). 5. Planning Commission determination of street improvements. Staff recommends the following street improvements along this site's three street frontages: a. New sidewalk on Hill Avenue at the Master Street Plan right-of-way line. b. Street lights at intersections and spaced every 300 feet. c. Damaged or cracked sidewalk on Martin Luther King and Royal Oak Parkway shall be replaced prior to final occupancy. d. Because of the high volume of existing traffic on adjacent roadways combined with G:IETCIDevelopment SeiTices Revie)020110evelopmem Revieirlll-3966 LSD SW CornerofMLK&Hill(Kum&Go)IO2 Subdivision Commifteell1-03-1llCom»rents and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 12 of 18 increased turning movements anticipated with the proposed gas station, staff recommends addition of signal heads to provide protected left-turns at the Hill/Martin Luther King intersection. Upgrades to the signal to provide protected left turns for northbound, eastbound, and westbound traffic shall be required of the developer with this project, subject to approval by the Arkansas State Highway Department, PLANNING COMMISSION DETERMINED IN FAVOR(11-14-11), 6. Planning Commission determination of a variance from UDC Section 177.04(C)(1)(b) that requires a maximum run of 12 parking spaces without a tree island. The applicant has indicated that this requirement would place a tree in front of the convenience store blocking view of the gas pumps from the store clerk. The Urban Forester recommends in favor ofthe variance finding agreement with the applicant's justification. PLANNING COMMISSION DETERMINED IN FAVOR OF THE VARIANCE(11-14-11). 7. Right-of-way dedication in the amount of 35 feet from centerline is required along the project's Hill Avenue Street frontage and shall be dedicated by easement plat or separate document prior to building permit. 8. The number of parking spaces on the large scale development plan exceeds the maximum allowed by City ordinance and is subject to review and approval by the Planning Commission as a Conditional Use Permit (CUP 11-3968). If the conditional use permit is denied the development plans will be required to be modified to meet City ordinance. 9. Denial of the requested access to Martin Luther King Boulevard may require significant revisions to the site plan and project layout. These changes may require a major modification approval from the Planning Commission at a future hearing date. 10. A vegetative screen, as indicated on the submitted landscape plan, shall be installed along the west and southern property line to screen the commercial use from the adjacent residential use. 11. Any fencing shall comply with commercial design and design overlay district standards. 12. All tree preservation, landscape, and fire department conditions included herein shall apply. Standard conditions of approval: 13. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 14. If applicable, a business license shall be obtained prior to opening the business to the public. G:IETCIDevelopnieni Services Revieml2011IDevelopment Revleivli 1-3966 LSD SW Corner ofMLK&Hill(Kum&Go)102 Subdivision CommQlee111-03-111Conmmnts and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 13 of 18 15. 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). 16. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 17.All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut- sheets are required for review and approval prior to issuance of a building permit. 18.All mechanical/utility equipment (roof and around mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 19. Trash enclosures shall be screened on three sides with materials complimentary to and compatible with the principle structure. Elevations of the proposed dumpster enclosure shall be submitted to the Planning and Solid Waste Divisions for review prior to building permit. A note shall be clearly placed on the plat and all construction documents indicating this requirement. ---------------------------------------C 20.All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 21. All freestanding and wall signs shall comply with orfinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. Freestanding pole signs and electronic message boards (direct lighting) are prohibited in the Design Overlay District. 22. Large scale development shall be valid for one calendar year. 23. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 24. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area G:IETCIDevelopment Services Review120111Development Revieivlll-3966 LSD SW CornerofMLK&Hill(Kum&Go)W2 Subdivision Committeelll-03-I nComments and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 14 of 18 and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: X Approved ❑ Tabled ❑ Forwarded Meeting Date: November 14,2011 Motion: Chesser Second: Honchell Vote: 8-1-0 (Commissioner Winston voted `no') G.'IETCIDevelopuent Services Revie1020110evelopmenl Rmemlll-3966 LSD SW Corner of MLK&Hill(Kum&Go)102 Subdivision Committeel11-03-111Comments and Redlines October 8,2012 Planning Commission ADM 12-4237 Kum&Go Agenda Item 2 Page 15 of 18 ADM 124237 KUM AND GO Close Up View C: P4 - o i i ca. n L � ' r SUBJECT PROPERTY I,' ; PRIVATE Opt a t c-t II I II''.U.1 n Al � ,x3r�w J to II -CONE OR,.. �_...... •ij, ... .. ' .. ALLEY 799 I .. I X11 po :did t� ZA ...]r�r, Wr r•U. r l�d Isting) aMwzt h 9•�r DM12-4237 - Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay Di 5trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet Bober,2012 ADM 12-4237 Kum&Go Agenda Item 2 Page 16 of 18 ADM12-4237 KUM AND GO One Mile View WR R LOUISE'T �. A3x� '� Rsr., Q. _ •' �� I' P-1 'I RPp��+�0p 1 RSF° RSF!4 R. _ '.v.,'�""!at ILA'ST Rsr �'_a9, 9T°RA5 t O -¢ ¢. RSd? W Rsin4 _ y� � J .•_ 'k ' I RSF° aPio �' •, CP2D K'"J.I4.RD 4 ,1 I. Ir f r T . .II 9K4 4 SF.41 rY SUT —' TONST- RSF4 • ew R. rFFr it 7•ll '-'� '1 r • AIR SUBJECT PROPERTY � I _ _ n. •� Ra in i�il I i bi � `1 ✓L .n....0 u., 61 L1 ••OFFICE DR R FI nvza til - . 987 I'' $ fi6F ¢ cPz cs Y Yl. 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