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Home My WebLink About2013-02-11 - 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 February 11, 2013 A meeting of the Fayetteville Planning Commission will be held on February 11, 2013 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 Nominating Committee Meeting after Agenda Session on February 7,2013. Consent. 1. Approval of the minutes from the January 28, 2013 meeting. 2. VAC 13-4298: Vacation (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE, 284): Submitted by CRAFTON TULL & ASSOCIATES for property located at 1352 WEST SHOWROOM DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 5.66 acres. The request is to vacate an easement. Planner: Quin Thompson Old Business: 3. ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Submitted by BRIAN CROWNE for property located at WASHINGTON COUNTY FAIRGROUNDS. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 29.61 acres. The request is for the re-evaluation of CUP 12-4048 that expires on February 27,2013. Planner: Jesse Fulcher New Business: 4. ADM 13-4316: Administrative Item (1325 E.JOYCE BLVD./LEGACY NATIONAL BANK, 175): Submitted by KSA ARCHITECTURE for property located at 1325 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.56 acres. The request is for a variance of the Access Management Ordinance for a curb cut onto Joyce Boulevard. Planner: Jesse Fulcher 5. ADM 13-4318: Administrative Item (DRAFT WEDINGTON CORRIDOR PLAN): Submitted by the STRATEGIC PLANNING AND CITY PLANNING DIVISIONS, City staff requests review and comment on the Draft Wedington Corridor Plan Vision Document and Illustrative Plan. Sustainability and Strategic Planning Director: Peter Nierengarten The following items have been approved administratively by City staff.• LSP 12-4265: Lot Split (S.W. CORNER OF N. RUPPLE RD. AND W. WEDINGTON DR./WALGREENS, 439): Submitted by EB LANDWORKS, INC. for property located at the SOUTHWEST CORNER OF NORTH RUPPLE ROAD AND WEST WEDINGTON DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains a total of 3.85 acres. The request is to divide the subject property into two tracts of approximately 2.09 and 1.76 acres. Planner: Andrew Garner LSP 12-4292: Lot Split (310 S. WEST AVE./JACOBS & NEWELL, 523): Submitted by JACOBS AND NEWELL COMPANY for properties located at 310 SOUTH WEST AVENUE. The properties are zoned DG, DOWNTOWN GENERAL and contain two lots totaling 0.49 acres. The request is for a lot split and property line adjustment to the subject properties resulting into four tracts of approximately 0.10, 0.10, 0.10, and 0.19 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on January 28, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: January 14,2013 Approved Page 3 New Business: ADM 13-4299:Administrative Item(RE-EVALUATION OF THE MAE FARM CONDITIONAL USE PERMIT CUP 11-3762,096): Page 4 Approved ADM 13-4306: Administrative Item (2863 E. STONE MOUNTAIN DR./B & R HOMES, 489): Page 5 Denied ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Page 6 Tabled CUP 12-4293: Conditional Use Permit (778 S. HAPPY HOLLOW RD./LIGHTHOUSE BAPTIST CHURCH, 565): Page 7 Approved Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 1 of 8 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Kyle Cook Matthew Cabe Craig Honchell William Chesser Blake Pennington Porter Winston Ryan Noble Sarah Bunch STAFF PRESENT Jesse Fulcher 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 were present. Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 2 of 8 Consent. Approval of the minutes from the January 28, 2013 meeting. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 3 of 8 New Business: ADM 13-4299:Administrative Item(RE-EVALUATION OF THE MAE FARM CONDITIONAL USE PERMIT CUP 11-3762, 096): Submitted by CYNTHIA HASELOFF for property located at 4618 N. COLLEGE AVENUE. The property is zoned R-A, Residential Agricultural and C-2, Thoroughfare Commercial and contains approximately 17 acres. The request is for the re-evaluation of CUP 11-3762 that expires on March 14, 2013 to allow the agri-tourism uses indefinitely. Andrew Garner, Senior Planner, gave the staff report. The applicant was not present and no public comment was presented. Commissioner Hoskins asked if helicopter rides are available under this conditional use permit, or can we prevent it, or add conditions of approval regarding the helicopter rides. City Attorney, Kit Williams, discussed that he is reluctant to prevent it under this conditional use permit because the helicopter rides are not related to this permit.The helicopter rides are permitted under a different process.He discussed that this conditional use permit did not generate any complaints. The complaints were related to the helicopter rides. Garner stated agreement that he felt it was not appropriate for the Planning Commission to restrict helicopter rides with this permit because they are allowed by right under the outdoor mobile vendor permit. Commissioner Cook asked about the process for bringing a conditional use permit back to the commission because of complaints. Williams discussed the process for reconsideration of a conditional use permit because of complaints. Motion: Commissioner Chesser made a motion to approve ADM 13-4299 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 4 of 8 ADM 13-4306: Administrative Item (2863 E. STONE MOUNTAIN DR./B & R HOMES, 489): Submitted by ENGINEERING SERVICES,INC. for property located at 2863 EAST STONE MOUNTAIN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.45 acres. The request is for a variance to allow street access to a higher classification street. Andrew Garner, Senior Planner, gave the staff report. The applicant was not present and no public comment was presented. Motion#1: Commissioner Chesser made a motion to table ADM 13-4306. Commissioner Cabe seconded the motion. Commissioner Winston discussed that he felt they commission could vote to deny the request without the applicant being here. The applicant did not make an argument for the variance, did not notify staff that they were not going to be able to attend the meeting, and probably chose not to show up because of the lack of an argument for their request. Upon roll call the motion failed with a vote of 4-5-0,with Commissioners Hoskins, Pennington, Cook, Winston, and Bunch voting no. Motion: Commissioner Chesser made a motion to deny ADM 13-4306. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-1-0,with Commissioner Noble voting `no'. Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 5 of 8 ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Submitted by BRIAN CROWNE for property located at WASHINGTON COUNTY FAIRGROUNDS.The property is zoned R-A,RESIDENTIAL AGRICULTURAL and contains approximately 29.61 acres.The request is for the re-evaluation of CUP 12-4048 that expires on February 27, 2013. Jesse Fulcher,Current Planner,read the staff report. No public comment was presented. Tom Sizemore, applicant, stated that AMP staff work with Fayetteville Police Department and take decibel readings every hour at the property lines and take noise readings if complaints are called in. Commissioner Chesser stated that he can hear music at his house. How can the public be notified? Fulcher stated that the commission discussed tabling the request at the agenda session meeting to allow additional time for the public to hear about the proposal and provide feedback at the following meeting. Considering that the property is surrounded by University owned property and a state highway,it is unlikely that mailing notices would provide much notification to the public.There is an apartment complex near the site, However, any notice would go to the property owner and not the individual tenants. Commissioner Hoskins asked if we were discussing notification requirements above and beyond what is required by ordinance. Kit Williams,City Attorney,stated that was not the discussion.Tabling the request will give citizens across the city additional time to hear about the request and respond. Commissioner Winston asked if the tent had been rebuilt. Sizemore stated that it hadn't and won't be for the remaining two years. Commissioner Honchell asked if the tent helped with noise control. Sizemore stated that they operated for the entire second half of the season without the tent. Motion: Commissioner Chesser made a motion to table ADM 13-4307. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-1-0,with Commissioner Cabe voting no. Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 6 of 8 CUP 12-4293: Conditional Use Permit (778 S. HAPPY HOLLOW RD./LIGHTHOUSE BAPTIST CHURCH,565): Submitted by TERRY FORSYTH for property located at 778 SOUTH HAPPY HOLLOW ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres.The request is for a conditional use permit for shared and offsite parking. Andrew Garner, Senior Planner, gave the staff report. Terry Forsythe, applicant, was present for any questions. No public comment was presented. Commissioner Cooks discussed that he agreed with staff's comments about the pedestrian connection from the sidewalk to the building being a requirement. Commissioner Winston asked about the pedestrian connection requirement, does it have to be a sidewalk? Garner stated that,no,it does not have to be a sidewalk. The language in the condition of approval was taken from chapter 172 of the unified development code that requires a`pedestrian connection' from the sidewalk to the entrance of the building. It does not have to be a sidewalk, it could be pavers, or some other defined walkway or path. Motion: Commissioner Chesser made a motion to approve CUP 12-4293. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 610 PM. Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 7 of 8 Planning Commission February 11,2013 Agenda Item 1 01-28-2013 minutes Page 8 of 8 aye11 le PC Meeting of February 11, 2013 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: January 28, 2013 VAC 13-4298: Vacation (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE, 284): Submitted by CRAFTON TULL & ASSOCIATES for property located at 1352 WEST SHOWROOM DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 5.66 acres. The request is to vacate an easement. Planner: Quin Thompson Findings: Property Description and Background: The subject property is located at 1253 Showroom Dr on the northwest corner of I-540 and State Highway 112, and is part of the Fayetteville Auto Park near Interstate 540. City staff reviewed and approved an addition to an existing auto dealership building (SIP 12-4186) on July 31, 2012. The addition is proposed over a portion of existing water and sewer easement within the subject property, requiring that it be vacated before the building permits can be issued. There are no existing utility lines within this portion of the easement. Request: The applicant's request is to vacate the area shown in the submitted plan. The Water and Sewer Division has reviewed this request and does not object to the vacation. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the City of Fayetteville and utility companies with the results summarized below. UTILITIES RESPONSE AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections G:\ETC\Development Services Review\2012\Development Review\13-4298 VAC Fiat\I Planning Cormnission\2-11-13 PC Planning Commission Forwarded\Comments and Redlines February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 1 of 12 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4298 to the City Council with a recommendation for approval subject to the following condition: 1. Relocation of or damage to any existing utilities will be at the owner's expense. 2. The engineer of record shall produce a record drawing that accurately reflects the original construction as well as any new improvements before the final project is accepted. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: February 11,2013 Motion: Second: Vote: Notes: G:\ETC\Development Services Review\2012\Development Review\13-4298 VAC Fiat\1 Planning Commission\2-11-13 PC Planning Commission forwarded\Comments and Redlines February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 2 of 12 47�J.G3G.d&t6 4 479.831.622A 1 WYAV.CfJflafIIVIL G0111 Crafton Tuft o¢hllhaurG fuypiewiilgl l reiwerrny t me nM. Oilsnma G'IY fIr�YS Nssekw:D: December 21,2012 11s Andf•�w,'�ai!t1�r a£ettvii( Planning Commission 133 W.mou"WA Fayetteville,AR RE: Flat of Fayetteville Easement Vacation Dear Mr.Garner: On behalf of my client, Fiatof Fayetteville,we are requesting an Easement Vacation on tiie Site Improvements that were previously approved. The area of easementto be vacated has no,utilities and no adjacent property owners. Thank you for yourasststattce on thi,*,matter. Sincerely, Danlel P. Ellis,P.E. Vice President Planning Commission February 11,2013 111111h11111f Il 11111111 III 1111111111111111111 1111111111111 II II 11111 t11 I I I I I I I1 i1 I II I It I I III I I III I I I II I I I III I I III 1111 11 11111111111111111111A!ewplltORfll 11 ADM13-4298 Fiat of Fayetteville Page 3 of 12 I i v rA �f� � � .✓c.' "e6 p'q !C r ti n m cn - - UJm rn Z L V15 < n WP � 9 s D £� O L ^ S Y i I 1 T B t.1 V c I Y ` I - n I - , S . EASEMENT VACA110N FAYEIIEVII I F AUTO PARK �a•¢�� L_ _ F� ppR p �- � � PifVSRiI)fOP Co � FIAT OF FAYEIIEVILLE p �' � _• Planning Commission F% e' it• e FAYEIIFVIUE ARKANSAS February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 4 of 12 UTILITY APPROVAL FORM FOR RIGIIT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 01/14/2013 UTILITY COMPANY: City of Fa ettevilte Water& Sewer APPLICANT NAME: Don Nelms,General Partner,Nelms,LLC _APPLICANT PHONE: 479-251-2175 _ REQUESTED VACATION(applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: General location I Address(referring to attached document-must be completed**) ** 1325 W. Showroom, FayglWvIlle. (ATTACH legal description andgraphie representation of what is being vacated-'URVEI) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) x No objections provided the following conditions are met: The engineer of record is unable to produce a record drawing of the original construction of water and sewer lines in this area. The engineer of record shall produce a record drawing that accurately reflects the or 1al consiruefion well as any new improvements before the final project is accepted. Signature of Utility C vany Representative Utilities Engineer Title August 1012 Page 5 Planning Commission February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 5 of 12 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTR.ITYCOMPANY: ATS I S0uTAL-3F.STCi2.A1 3F- 1-APPLICANT NAME: APPLICANT PRONE: Don Nelms,General Partner,Nelms,LLC 479-251-2175 REQUESTED VACATION(applicant must check g((that apply): Utility Easement ❑ Right-of--way for alley or streets and all utility easements located within the vacated right-of.way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley,easement,r(ght-of-way),described as follows: General location/Address(referring to attached document-must be completed") rr1325 W Showroom, Fayettevil1q. 68 (ATPACHlegal description and graphic representation of what is being vacated-SURVEP) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: IRELL)canciJ. d(= o2 DAVYlA6E 'f0 Anel GCl St ltilG tATf/ swRC ►J(LL. 3E Cfl12E6 FDR FiT CFe� r]t�lA16P� L7elJELOPE7LtS a XPE N SE , 4Letxwha � Signature of Utility Company Representative µ � osP Dr5l�1J EfS61n�r�R Title Augwt20/2 Page 5 Planning Commission -- Febr6a`F7TT,-2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 6 of 12 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/29/2012 UTILITY COMPANY: Cox Communications APPLICANT NAME: APPLICANT PHONE: Don Nelms,General Partner,Nelms,LLC 479-251-2175 REQUESTED VACATION(applicant must check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley .. Street right-of-way I have been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location/Address(referring to attached document-must be completed**) ** 1325 A Showroom. Faygttevill AR (ATTACH legal description andgraphic representation of what isbeing vacated-SURYRY) UTILITY COMPANY COMMENTS: i No objections to the vacation(s)described above. '.? No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) X No objections provided the fallowing conditions are met: Any damage to or relocation of our existing utilities will be at the owners develo ers exlpense. Signature of UtilityCompa epresedative Construction Planner III Title August 2012 1'age 5 Planning Commission February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 7 of 12 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 12!?moo/ 2bl?— UTILITY COMPANY: — A, 1A rn Sit x APPLICANT NAME: APPLICANT PHONE: Don Nelms,General Partner,Nelms,LLC 479.251-2175 REQUESTED VACATION(applicant must check a that apply): x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of.way. Alley Street right-of-way I have been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location/Address(referring to attached document-must be completed"") *" 1325 W. Showroom Fayetteville. AR (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: X No objections to the vacation(s)described above, ❑ No objections to the vacation(s)described above,provided following described easements are retained, (State the location,dimensions,and purpose below,) ❑ No objections provided the following conditions are met: S' natal of Utility Com fin Representative Title Augusl 2012 Page 3 Planning Commission February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 8 of 12 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 12-21-2012 UTILITY COMPANY: 0ZarkS Electric APPLICANT NAME: Don Nelms,General Partner,Nelms,LLC APPLICANT PHONE; 479-251-2175 REQUESTED VACATION(applicant mast check all that apply): Utility Easement C Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: General location/Address(referring to attached document-must be completed**) ** 1325 W Showroom Fayetteville. AR (ATTACH legal description and graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) ❑ No objections provided the following conditions are met: CIf BL1 �f.�C'E' Signatu—`� r Arl Company Representative Lead Staking Tech Title Angus!2012 Page 5 Planning Commission February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 9 of 12 VAC13-4298 FIAT OF FAYETTEVILLE Close Up View _ I I � SUBJECT PROPERTY I �P i Legend Multi-Use Trail (Existing) •^•^^• Future Trails L_- - Faye City Limits AC13-4298 - Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay District Design Overlay Di trict 0 375 75 iso 225 300 ------ Planning Area Feet Planning Commission February11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 10 of 12 VAC 13-4298 FIAT OF FAYETTEVILLE One Mile View JOYCE BLV m 1 -VA E CIRCLE DR TP 1 �'YVONNE DR MARY DR RD P boo 4 U� SN ULE .• � " La a - - - - _ _ •�_�/ _ Ica Q ' G1' •�+■. S r j 111 gp.. Ir" I +'• Rv2D ha' IIII,.'&�' F'`+ R� ��`•.....•f' SUBJECT PROPERTY II Yr . L. CPZD R D' X. Ro •1 y,� "RO • • I. • - cvzo •I 4 .I )�k'� r ai JE DR y OAP ST II cazo !�•. : � rcv ��. iO I, A , h� WOLF RA ' PRIV� i lA�38A'IY§ c.lWZD E'I v I n .iQ .j . . . RO fall E-X�NB�IbGE DR__ C, ' .� � 1 � a I t tw.A�l •S_ 'O RA XI C a�. RK rails �" �;F� �� til Overview Legend VAC 3-4298 ♦�ryt�4 Subject Property VAC 13-4296 Desi n Overlay District LJ Q �_-._. - fr. Boundary * - - -; Plan iing Area -- . Fay tteville 0 0.25 0.5 1 MIeS Planning Commissio Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 11 of 12 Planning Commission February 11,2013 Agenda Item 2 ADM13-4298 Fiat of Fayetteville Page 12 of 12 Taye1 0...t uNsas PC Meeting of February 11, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate,Development Services Director DATE: February 5, 2013 ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Submitted by BRIAN CROWNE for property located at WASHINGTON COUNTY FAIRGROUNDS. The property is zoned R-A, RESIDENTIAL AGRICULTRUAL and contains approximately 29.61 acres. The request is for the re-evaluation of CUP 12-4048 that expires on February 27, 2013. Planner: Jesse Fulcher Findings: The Planning Commission tabled the project at the January 28, 2013 meeting to allow additional time for the public to become aware of the extension request. Property description: The subject property is the Washington County Fairgrounds located west of Garland Avenue and east of I-540. The property contains approximately 30 acres and is zoned R-A, Residential Agricultural. The fairgrounds contain a number of various buildings and structures and an open field that is used for parking during fairgrounds events. Background: The Planning Commission approved a conditional use permit for Outdoor Music, Use Unit 35, on February 27, 2012. The Commission instated a condition of approval requiring that the applicant return after one year in order to extend the conditional use permit. Proposal: The applicant requests that conditional use permit CUP 12-4048 be granted through 2013 and 2014. This proposal would eliminate conditional of approval No. 13 which specifies the one-year timeframe. The conditional use permit would expire on December 31, 2014, unless an amendment is requested by the applicant prior to the expiration date. Noise Ordinance: The noise ordinance (Chapter 96, attached), which is regulated by the Fayetteville Police Department, provides decibel limitations based on the underlying zoning or land use. The Washington County Fairgrounds is considered a "residential" zone and decibel levels are limited as follows: 7:00 a.m. to 11:00 p.m. = 60 Decibels 11:00 p.m. to 7:00 a.m. = 55 Decibels The noise ordinance also includes provisions for a noise variance. The City of Fayetteville has granted variances in the past for the AMP as follows: 7:00 a.m. to 11:00 p.m. = 85 Decibels 11:00 p.m. to 12:00 a.m. = 75 Decibels G.IETCIDevelopment Services Review120131Development Review113-4307ADM The AMP/Fairgrounds103 Planning Commission102-kanning Commission 131Comments and Redlines February 11,2013 '. Agenda Item 3 ADM 13-4307 The Amp Page 1 of 26 Decibel readings are performed by Police Officers on a complaint basis and are taken at the property line (on Fairground property) between the noise source and the property where the complaint originated. Noise levels are also monitored by AMP staff during each performance. Staff has attached several noise level charts to provide a reference for common decibel levels. The Police Department specifically noted a decibel reading in the dispatch log for a complaint filed on January 24, 2013. The reading at the property line was 76dB at approximately 8:00 p.m. Discussion: Staff recommends in favor of the applicant's request finding that the requested conditional use should not adversely affect the public interest. This site is bounded by I-540 to the west, a horse riding club to the east, the University of Arkansas farm to the south, and an apartment complex to the north. The apartment complex is located almost a quarter mile north of the area on the fairground site proposed for the music venue. Because of the separation between uses, hours of operation, and surrounding white noise from the I-540 corridor, the proposed music events should not pose adverse noise, light, traffic, or visual impacts to the multi-family development. Public Comment: Staff did not receive any complaints during the last year of operation. Since the previous Planning Commission meeting on January 281", staff has received one e-mail and one walk- in visit. Both citizens described concerns with the noise levels produced during performances at the AMP. Recommendation: Staff recommends approval of ADM 13-4307 to modify CUP12-4048 to allow the Outdoor Music venue to continue operation until December 31, 2014 with the following conditions of approval: Conditions of Approval: 1. All conditions of approval from CUP 12-4048 shall remain in force. 2. In an effort to address some of the noise complaints received by the Police Department, staff recommends that the maximum decibel levels, if increased by approval of a variance, not exceed 85 decibels between 1:00 p.m. to 11:00 p.m. and 75 decibels between 11:00 p.m. to 12:00 a.m. 3. Consistent with Washington County Fair use of the road/trail located between the fairgrounds and Porter Road, the AMP may use this are for traffic management as well. A final shared-use agreement between the City of Fayetteville and the AMP shall be completed prior to March 11, 2013. Should this agreement not be completed, the conditional use permit shall be brought back before the Planning Commission on March 25, 2013. Planning Commission Action: O Approved O Denied O Tabled Motion: Second: Vote: Meeting Date: February 11, 2013 Comments: G:IETCIDevelopment Services Revie010131Development Review113-4307 ADM Pre AMP/Pairgrounds103 Planning Commission102¢4mning Commission 131Commenls and Redlines February 11,2013 Agenda Item 3 ADM 13-4307 The Amp Page 2 of 26 SIIARE,D-USE AGREEMENT BETWEEN CITY OF FAYET 1'EVILLE AND WASHINGTON COUNTY FAIR ASSOCIATION WHEREAS, in 1991, the Washington County Fair Association was granted an easement for ingress and egress to the Washington County Fairgrounds across property owned by the Board of Trustees of the University of Arkansas. Said easement is filed with the Circuit Clerk of Washington County, Arkansas as land document number 9201404. WHEREAS, in 2011,the City of Fayetteville acquired a multi-ase trail easement from the University of Arkansas on across land occupied by the ingress and egress easement described in document number 9201404. WHEREAS, the City of Fayetteville's use of the easements on University of Arkansas property may restrict the use of the easement previously granted to the Washington County Fair Association. IT IS HEREBY AGREED that The City of Fayetteville, and the Washington County Fair Association will accept the responsibilities and assigned duties with regard to the shared use of the City easement area as described hereinafter. THE CI`T'Y OF F'AYETTEVILLE WILL: 1. Construct a sixteen foot wide paved multi-use trail in the City's easement. 2. Assume maintenance responsibilities for the portions of the existing access road that are occupied by the multi-use trail; therefore, relieving the Washington County Fair Association from their maintenance obligation stated in the existing easement document 9201404 on these portions only. 3. Allow vehicular access during the annual Washington County Fair. 4. Allow vehicular access at other times with written permission by the City of Fayetteville to the Washington County Fair Association with such permission not to be unreasonably withheld. 5. Not assign this Shared-Use agreement to any third party. THE WASHINGTION COUNTY FAIR ASSOCIATION WILL: 1. Restrict vehicle use on the multi-use trail to a limited number of days during the annual Washington County Fair and special events when written permission is given by the City of Fayetteville. 2. Keep the mull-use trail open and unobstructed for bicycle and pedestrian use at all times. 3. Agree that the multi-use trail easement granted to the City of Fayetteville over the property described in the existing easement recorded as land record number 9201404, is not to the exclusion of the WCFA and that the WCFA waives/releases the City of Fayetteville from any action concerning conflicting usage of said easement. 4. Repair damage that occurs to the multi-use trail as a direct result of actions or activities by the Washington County Fait'Association. t � 1'N WITNESS WHEREOF,the parties thereto have executed this Agreement on this I I day of 2011. CITY OF AYETTI U1LLE WASHINGTON COUNTY FAIR ASSOCIATION L' ncld Jorr n ay or Kendall Pendcrgrn - f, �sident Planning Commission February 11,2013 Agenda Item 3 ADM 13-4307 The Amp Page 3 of 26 ti w A •1.r t r. "� ` :�li c nr7 r h§• ��i ',t�.h'a 'tf z Y rs�,f S G r i •ZYe J -+T7�-�i, �� r � lfyS � r-- �� .s�j 3 .ssX�� k� , r ,~ DI °�!" f ;+- -.✓ y i rye N4 yl a' v3 + ls'`J • fi e� z'� G Ex Gr Paved As Trall And 4 4 Shared with Vehicles ' }� � Je Tc•{$Fl<t' Y�� L i?C ,Durfrig S eelal Events Onl Ih �' � .f i�� i � � r ' E }�' _!� rz r e�� IrY Y� n• � iu t Q7 f'I yKP}� + -^.'IM1L t ! 1 •R ).rF ii.6 � .Y.:^ ,as A� { �Muitl-Use trail Easement v ca � � �?'f.f• �• . .x � n 7.\ 41 ' � � �,.�y. '•n�.;f Y y�.3,U5'r F ii 3 _ +l r 5 u -. na It 1' ks 1' v r � ' rf! r.; 3a}i ;.• '��`li�, 1�.�+s. r�;; F r I {!-t �r +�- r ur-`.'; + ,i t•� r •� Existing Ingress and Egress ,: - t Easement Doc. 4201404 mak t i ` r {� Y JI, 17. 'i W p � x„S 'I J r e •', r lr t � `�_ I 7 k •� � a {fr�J r � ti`�T'r 1:- 1lG�hll ;t 141 �q r ✓J 1 -- --- No -No Vehicles on This Section ox+ , ✓ fiAC '� Ay �Yr 'yrs �,,,f.:- #"Gi�,,��r'C ��.:- P• ,,y, i� •,4'� � 'r:F�� 'G}TF�r� � ?t r l 5 ''Fr�F � - AD" U of A Farm Trail a@ evle D ru� Proposed Shared-Use 12' )IDE TRAIL Trill with VeMcles "'"` EXISTING PENCEz"P41I"'dh n701 n9n,7,.o>a Planning Commission February 11,2013 Agenda Item 3 ADM 13-4307 The Amp Page 4 of 26 Taye eville PC Meeting of February 27, 2012 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Fri Updated February 29, 2012 CUP 12-4048: Conditional Use Permit (WASHINGTON COUNTY FAIRGROUNDS/THE AMP, 287): Submitted by DAVID SWAIN for property located at the WASHINGTON COUNTY FAIRGROUNDS. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 29.61 acres. The request is to allow outdoor music, Use Unit 35, in an R-A zoning district. Planner: Jesse Fulcher BACKGROUND: Background and property description: The subject property is the Washington County Fairgrounds located west of Garland Avenue and east of 1-540. The property contains approximately 30 acres and is zoned R-A, Residential Agricultural. The fairgrounds contain a number of various buildings and structures and an open field that is used for parking during fairgrounds events. The surrounding land use and zoning is listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi-family apartments RMF-24 South University of Arkansas Farm R-A East Northwest Arkansas Riding Club/University of Arkansas Farm R-A West Interstate 1-540 Not applicable Proposal: The applicant requests conditional use approval to allow to an outdoor music venue to be located on the fairgrounds property, adjacent to Knapp Street. RECOMMENDED MOTION: Staff recommends approval of CUP 12-4048 with the following conditions: 1. Prior to the operation of outdoor music on the subject property, a final Certificate of Occupancy (if applicable) and a Business License, 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. 2. Parking in the open field(s) shall be managed with parking attendants and/or signage or other marking to ensure safe and efficient parking and traffic flow into Planning Commission February 11,2013 Agenda Item 3 ADM 13-4307 The Amp Page 5 of 26 and out of the site. 3. The number of outdoor music events shall be limited to a maximum of 20 per calendar year. Outdoor music shall not be permitted between 12:00 a.m. and 9:00 a.m. TIME EXTENDED BY PLANNING COMMISSION. 4. Speakers shall be directed to the west/northwest as indicated on the attached plan. 5. Relocation of the stage area or speaker location other than indicated in the site plans herein shall only be approved by the Planning Commission. 6. The field in the northeast corner of the property shall be used for parking purposes only. Additional activities such as sales, displays, bathroom facilities, etc. shall not be permitted with further approval from the Planning Commission. 7. The maximum occupancy for events at The AMP shall be 8,000 patrons unless a lesser occupancy rate is established by the Fayetteville Fire Marshall and/or Building Official. OCCUPANCY INCREASED BY PLANNING COMMISSION. 8. This conditional use shall be brought back to the Planning Commission for review for further action or revocation should the City receive valid complaints as a result of the outdoor music establishment. Determination of a subsequent review shall be made by the Zoning and Development Administrator. 9. If the establishment or any band or any person operating at such establishment is convicted of violating the Fayetteville noise ordinance (§96.06 of the Code of Fayetteville), such violation may constitute grounds for revocation of this conditional use to operate an outdoor music establishment. 10.All events shall be compliant 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. TABLE Maximum Use Districts Time Noise Levels All residential 7:00 a.m.to 60 dB(A) zones 11:00 P.M. Planning Commission February 11,2013 Agenda Item 3 ADM 13-4307 The Amp Page 6 of 26 All residential 11:00 P.M.to 55 dB(A) zones 7:00 a.m. All commercial 7:00 a.m.to 75 dB(A) zones 11:00 P.M. All commercial 11:00 P.M.to 70 dB(A) zones 7:00 a.m. All industrial 7:00 a.m.to 80 dB(A) zones 11:00 P.M. All industrial 11:00 P.M.to 75 dB(A) zones 7:00 a.m. All measurements shall be taken with a sound level meter in its fast or peak level setting. 11. Signage shall comply with the City's sign ordinance and shall require review through a separate sign permit application. 12. The applicant shall comply with the Alcoholic Beverage Control District's permit for serving alcohol and associated restrictions on outdoor music. 13. The Planning Commission shall review the conditional use permit within one year from approval. At that time the Planning Commission may extend the conditional use permit as determined appropriate.ADDED BY PLANNING COMMISSION. PLANNING COMMISSION ACTION: Required YES 4 Approved O Denied O Tabled Motion: Chesser Second: Griffin Vote: 7-0-0 Date: February 27, 2012 Comments: The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: § 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. Planning Commission February 11,2013 Agenda Item 3 ADM 13-4307 The Amp Page 7 of 26 Common Noise Levels Planning Commission February 11,2013 enda Item ADM 13-4307 The Amp Page 8 of 26