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Home My WebLink About2016-07-11 - Agendas - Final CITY OF Fay -y� l'I'l� AGENDA ARKNSAS Final Agenda Planning Commission Meeting July 11, 2016 5:30 PM 113 W. Mountain, Room 219 Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan. City Staff: Andrew Garner, City Planning Director; Jonathan Curth, Senior Planner; Quin Thompson, Planner; Harry Davis, Planner Call to Order Roll Call Consent 1. Approval of the minutes from the June 27, 2016 meeting. 2. VAC 16-5494: Vacation (3641 W. WEDINGTON DRJOZARKS ELEC. CO-OP, 440): Submitted by CRAFTON-TULL ENGINEERS, INC. for property located at 3641 W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 10.90 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Old Business None New Business 3. VAR 16-5490: Variance (SE CORNER OF VANTAGE AND RAINFOREST/FOCUS FAMILY EYE CLINC, 175): Submitted by JOGENSEN & ASSOCIATES, INC. for property located at the SE CORNER OF VANTAGE & RAINFOREST. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.17 acres. The request is a variance for additional parking. Planner: Quin Thompson 4. ADM 16-5496: Administrative Item (JUDGE CUMMINGS RD./KESSLER MTN. REGIONAL PARK, 714): Submitted by CITY STAFF for properties located at KESSLER MTN. REGIONAL PARK. The properties are zoned P-1, INSTITUTIONAL and contain approximately 200 acres. The request is to modify the street cross section and add additional parking, and amend the previous LSD 14-4819 and CUP 14-4854 for this site. Planner: Andrew Garner Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gav Fayetteville, AR 72701 5. CUP 16-5470: Conditional Use (1187 N. 51St AVE./WILSON, 398): Submitted by MARION WILSON for property located at 1187 N. 51s'AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.90 acres. The request is for a fireworks sales tent in a residentially zoned district. Planner: Jonathan Curth 6. CUP 16-5489: Conditional Use (3422 N. COLLEGE AVE./VERTICAL COMMUNITY CHURCH, 213): Submitted by DONNIE GRIGG for property located at 3422 N. COLLEGE AVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.19 acres. The request is for a church in a C-1 zoned district. Planner: Jonathan Curth 7. RZN 16-5472: Rezone (2081 N. SHADY AVE./TOBIN 367): Submitted by BATES & ASSOCIATES, INC. for properties at 2081 N. SHADY AVE. The properties are zoned C-2, COMMERCIAL THOROUGHFARE and contain approximately 1.07 acres. The request is to rezone the properties to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. Planner: Harry Davis 8. RZN 16-5474: Rezone (SOUTH OF 1297 E. FARMERS RD./HALE 558): Submitted by HAMBLEN DESIGN SERVICES, INC. for properties SOUTH OF 1297 E. FARMERS RD. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.28 acres. The request is to rezone the properties to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. Planner: Quin Thompson The following items have been approved administratively by staff: ❑ LSP 16-5463: Lot Split (SW OF STORER AVE. & HAZEL ST./LOT 13-COLLEGE ADDITION, 405): Submitted by ENGINEERING SERVICES, INC. for property located SW OF STORER AVE. & HAZEL ST. The property is zoned CS, COMMUNITY SERVICES and contains approximately 0.64 acres. The request is to split the parcels into 4 lots containing approximately 0.16 acres each. Planner: Harry Davis ❑ LSP/PLA 16-5462: Lot Split-Property Line Adjustment (SE OF OAKLAND AVE. & HAZEL ST./LOT 12-COLLEGE ADDITION, 405): Submitted ENGINEERING SERVICES, INC. for properties located SE OF OAKLAND AVE. & HAZEL ST. The properties are zoned CS, COMMUNITY SERVICES and contain approximately 0.32, 0.16 and 0.29 acres. The request is to split and adjust the parcels into 3 lots containing approximately 0.16 acres each and 1 lot containing 0.29 acres. Planner: Harry Davis ❑ LSP 16-5327: Lot Split-Property Line Adjustment (121 S. GRAHAM AVE./NETTLESHIP DEVELOPMENT, LLC, 521): Submitted by BLEW &ASSOCIATES, INC. for properties located at 121 S. GRAHAM AVE. The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 0.34 and 0.21 acres. The request is to split and adjust 2 parcels into 3 lots containing approximately 0.19, 0.17 and 0.19 acres. Planner: Quin Thompson 2 LSP 16-5405: Lot Split (3421 N. GULLEY RD./TURNER, 219): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 3421 N. GULLEY RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.54 acres. The request is to split the parcel into 2 lots containing approximately 3.95 and 3.59 acres. Planner: Jonathan Curth F1 LSIP 16-5475: Large Site Improvement (INTERSECTION OF MCMILLAN DR. & WEDINGTON DR./FITNESS ONE GYM, 441): Submitted by MILHOLLAND & ASSOCIATES, INC. for properties located at the INTERSECTION OF MCMILLAN DR. & WEDINGTON DR. The properties are zoned UT-URBAN THOROUGHFARE and contain approximately 4.76 acres. The request is for a proposed fitness center consisting of approximately 15,915 square feet with associated parking. Planner: Jonathan Curth FPL 16-5449: Final Plat (NE OF GOLF CLUB DR. &. RUPPLE RD./LINKS AT FAYETTEVILLE ROW HOMES, 400): Submitted by BLEW & ASSOCIATES, INC. for properties located at the NE CORNER OF GOLF CLUB DR. & RUPPLE RD. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 5.00 acres. The request is for final plat approval of a residential subdivision with 42 lots. Planner: Andrew Garner Announcements Adjourn 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. 3 CITY OF Ta L MINUTES ARKANSAS Planning Commission June 27, 2016 5:30 PM 113 W. Mountain, Room 219 Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan. City Staff: Andrew Garner— City Planning Director, Jonathan Curth — Senior Planner, Quin Thompson — Planner, Harry Davis— Planner, Cory Granderson —Staff Engineer, Blake Pennington —Asst. City Attorney, and Kit Williams —City Attorney Call to Order: 5:30 PM, Kyle Cook In Attendance: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Tom Brown, Leslie Belden, Allison Quinlan, Ryan Noble, and Janet Selby, Absent: None. Staff: Andrew Garner— City Planning Director, Jonathan Curth — Senior Planner, Harry Davis — Planner, Corey Granderson - Staff Engineer and Kit Williams—City Attorney 1. Consent Agenda: Approval of the minutes from the June 13, 2016 meeting. Motion: Commissioner Autry made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 2. Old Business: ADM 16-5432: Administrative Item (MISSION BLVD. & MERIDIAN DR./MISSION HEIGHTS S/D, 371): Submitted by LAWRENCE FINN for property located at MISSION BLVD. & MERIDIAN DR. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 11.58 acres. The request is to eliminate a portion of sidewalk approved with the Preliminary Plat (PPL 14-4698). Andrew Garner, City Planning Director, gave the staff report. Donna Hardcastle, applicant, discussed the old growth trees that are intended on being preserved. Mailing Address: Planning Commission 113 W. Mountain Street www.fayetteville Jul,yy 11, Fayetteville, AR 72701 A -16 Mi eemm 1 1 Y 6-27-16 Minutes Page 1 of 10 No public comment was presented. Commissioner Hoskins asked about the pedestrian access easement. Kit Williams, City Attorney, stated that he felt a pedestrian access easement would be needed. Commissioner Cook asked the city attorney about dedicating the pedestrian path in an easement. Kit Williams, City Attorney, discussed why the pedestrian access easement was needed. Commissioner Belden discussed that she would be in support of access across the park instead of along the street. Motion: Commissioner Autry made a motion to approve ADM 16-5432 modifying condition of approval #1 as follows: x#1. A pedestrian access shall be provided across Lot 68 as generally depicted in the exhibit and concept provided by the applicant. The pedestrian access shall be completed within 18 months of completion of final plat for the creation of this lot. xAgree with condition of approval #2 as written. xAdd a condition of approval #3 as follows: x#3. A pedestrian access easement shall be platted along the constructed pedestrian access. The easement shall be platted after construction of the pedestrian access. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 7-0-2. Commissioners Hoffman and Quinlan recused. RZN 16-5442: Rezone (2575 DEANE SOLOMON RD./RAZORBACK GOLF COURSE, 285): Submitted by BLEW &ASSOCIATES, INC. for properties at 2575 DEANE SOLOMON RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE, and R-A, RESIDENTIAL AGRICULTURAL and contain approximately 99.10 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. Harry Davis, Planner— Read report Bart Bauer, Applicant— Nothing to add, agree with planner. No public comment Commissioner Hoskins — Surprised to not see public comment. Point of contention last submission was apartments. Neighborhood Services is a fancy way of saying apartments. Where NS is located doesn't say that there will be limited business and is more telling of 3- and 2-family zoning. Tread lightly for this. Question for staff, were the areas north notified of change in acreage. Andrew Garner, Planning Director—They would need to be notified. Planning Commission July2 1,2016 Agenda Item 1 6-27-16 Minutes Page 2 of 10 Bauer— Error on engineer to include northernmost portion. Mark Caviness, Owner—Was not supposed to be included. Commissioner Cook—The engineer shows all 128 acres. So that is wrong? Bauer— Correct, it is now 99 acres as it was two weeks ago. Commissioner Hoffman —Was concerned before about the NC north of Clabber Creek. Agree with Hoskins that the NS is a fancier way of saying higher density, but the combination of NC and NS would be much better for the neighborhood in the future. Commissioner Brown — Can staff bring up Future Land Use Map. It was my understanding that the entire Natural Area was supposed to be included in R-A. Will that be included? Bauer— Difference between floodway and floodplain. The point was to capture the floodway in R-A and be able to use parts of the floodplain as back yards for homes. Brown — My concern is that NC allows 10 units per acre and that those areas would endanger the floodplain if not R-A. Bauer—This low-density project would be ok for the floodplain and still allow development with a return on the investment. Cook—Just to be sure, the northern portion is not included. Davis —Yes. Commissioner Quinlan — Problem in this area of lack of services. The NS would be an appropriate and compatible use for this area. I hope that the NS would not automatically mean that the only thing that occurs there is higher density residential. Commissioner Autry— Last time this came through, there were so many people here speaking about this area. The biggest point of contention was about the higher density residential. Thank you to the applicant for hanging on through this process. Quinlan — Hopes that applicant will be patient with the process. Kit Williams, City Attorney— Planning Department should notify the neighborhood associations nearby of the change in the proposal. The added possible density in the NS zoning could be a trigger for nearby neighbors and be a huge point of contention for the future. Is that possible? Garner—We will. Motion: Commissioner Hoskins made a motion to forward RZN 16-5442 with recommendation of approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-1-0. Commissioner Hoskins voted `no'. Planning Commission July311,2016 Agenda Item 1 6-27-16 Minutes Page 3 of 10 VAR 16-5436: Variance (15 S. LOCUST AVE/HICKERSON, 523): Submitted by FRANK JACOBUS for property located at 15 S. LOCUST AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.07 acres. The request is for a variance of the Downtown Design Overlay District building requirements and Single-Family Infill Standards. Quin Thompson, Planner, read the staff report. Frank Jacobus, Applicant: Apologies for beginning construction prior to building permit. This project was started three years ago, but the ordinance was made public in May of this year. I disagree with Planning that the example he showed a comparable project. The lot was wider, had a single garage, and on-street parking. I am concerned that requiring an 18' strip of concrete in front of every house in the downtown area. The proposed plan allows this retired couple to age in place, pushing bedrooms upstairs, and decreasing the effectiveness of carefully designed passive energy strategies, forcing the project to open up to the Fire Department, which is not a desirable situation. We have redesigned the driveway and garage door width at the request of planning. If we push the garage back, we would be backing into a public sidewalk from a blind spot. I have a client who wants to move downtown, live next to a fire station, and invest half of a million dollars to do that, and I think we ought to applaud that effort. Bill Hickerson, Owner: Moved here 30 years ago. We are retired and have set goals of being able to age and walk to the places we need to go in downtown Fayetteville as we get older. We have proposed a large balcony that will have flowers and allow interaction with the street. We plan to live here until we die, and we feel the design fits the needs of an older couple, and we feel it is good for Fayetteville as well. Ron Autry, Commissioner: Unique design, and a challenging lot. I like the design. I am concerned about the Hickersons backing out onto the sidewalk, but flipping the garages for the front door doesn't fix that issue. This appears to be a design having done a lot with a little area. A unique urban infill project, one of the City's primary goals. Matthew Hoffman, Commissioner: This is a false choice between doors on the street. I think of Charleston, SC, where residential development on small lots that address the street is done very well. Alison Thurmond-Quinlan, Commissioner: Ask Staff about ST-45 designation for Locust. Thompson: The street right-of-way has been verified and previous staff concerns about the actual right-of-way location have been addressed. Tom Brown, Commissioner: I am not concerned about the window sills. My biggest concern is about backing out on the sidewalk. It is a real problem, especially as you get older and maybe aren't driving as well as you are now. Perhaps a carport would be a better approach, with open sides that allow visibility. Leslie Belden, Commissioner: I am biased with residential infill. I am fine with residences that look commercial in a downtown area. I think our Infill standards are intended for a suburban situation. This could be built as an office, and then we would allow it to be used as a residence after that. Planning Commission July 1,2016 Agenda Item 1 6-27-16 Minutes Page 4 of 10 Janet Selby, Commissioner: I agree with Ms Belden. I like the design am in favor of the project. Hoffman: I appreciate the Commissioner's comments, and like a modern design myself. However, in a commercial setting, you would not see the street side characterized by garage doors. I do not want to see this any more than I want to see blank walls in the same place. There is a wealth of design opportunities that could be used to address this condition. This is not an incredibly unique site, it is an example of a small but common lot in the Southern United States. Thurmond-Quinlan: I can easily support the variance for design standards, but agree completely with concerns about the car parking. I think there may be some further design issues that may require variances, and I don't think it is appropriate to decide these variances without knowing exactly what the extent of variances will be. Autry: I agree with Ms Belden that this is an appropriate project. We are not setting any precedent in this case, and will be looking at many of these variances in the future. Tracy Hoskins, Commissioner: I agree with many of the comments. I may better support the garage doors if they were similar to the front door glazing system. I appreciate Mr. Autry's comments, but I do think we will see many more of these as our downtown redevelopments. I don't think backing across a sidewalk is a good idea, and am not feeling very supportive of the project right now. Hoffman: I know we don't set precedent, but this is the second case where an applicant has proposed parking cars in the front yard, based on a set of constraints, although I think it is typically not necessary but a desire on the part of the applicant. I think we need to stick to our goals and not approve this project. Hickerson: The garage doors will be metal and glass if that meets your standards. I appreciate carriages in the back, but we don't have a way to the back. The lot is 42 feet wide, the home is only 18 feet wide. Where would the yard be? We looked at this in a lot of ways and we believe this is the best solution. Jacobus: I want to say that Commissioner Hoffman is talking about a car-dominated front, but if we do it the other way, we will be placing cars in the yard, rather than inside the house, which I think worse than our proposal. Kit Williams, City Attorney: There is a precedent for garages on East Street. Brown: The applicant expressed willingness to provide a certain type of garage door and a back-up mirror to allow rapid assessment of the sidewalk. Andrew Garner: That would certainly be within your purview. Hoskins: The applicant has stated that they would be willing to provide metal and glass door, but in the end this isn't a commercial project, but a single-family residence, which I don't necessarily think we should regulate. I can support the project. Hoffman: Would the garage door glass be required to meet transparency requirements? Garner: Yes. Planning Commission Julys 1,2016 Agenda Item 1 6-27-16 Minutes Page 5 of 10 Hoskins: I'd like to see tinted or reflective glass. I am in support of adding that to the variance. Hoffman: I'm not. Brown: My major concern is safety, I feel I should thank the City Attorney for his comments, as a result of which I am feeling more comfortable with the issues. Thurmond-Quinlan: My only discomfort is that we aren't entirely sure what we are voting to approve. Everything hasn't been worked out in terms of the overall design. I prefer to wait until we know everything. Hoffman: If we don't want to require the garage doors to be transparent, then we might as well have painted doors and save the applicant a lot of money. I think the glazed doors could mitigate the safety issue. Clear glass is essential to safety if we approve this. Kyle Cook, Chair: Does staff have issue with possible further variances? Thompson: I am comfortable with the variances as presented, most of which, if any, deal with materiality. There are many options for the project that would meet Downtown Development Overlay District (DDOD) standards. Cisterns in the set-backs can easily be removed or a zoning variance can be sought from the Board of Adjustments. Hickerson: We will meet design standards with the exception of the requested variances. Brown: Could a window be placed such that someone in the garage could see out to the sidewalk? Jacobus: Yes I think that is possible. Autry: Whether glass or steel, I would not sit there and wait to see what is coming out of a garage when I am on my bike. We are talking about a large investment in downtown, and we are also starting to design this person's home. Hoffman: While glass doors do go some way to mitigating safety issues, such doors are very expensive and I'd hate to see those items removed as construction goes ahead. Hoskins: We are expecting clear glass, correct? Thompson: Correct. It is a requirement of the DDOD. Belden: Are aluminum doors allowed? Garner: Yes. The DDOD standards were developed with input from local architects looking for quality, long-lasting materials. Motion #1: Commissioner Autry made a motion to approve VAR 16-5436 with the conditions that the garage doors be constructed of glass that complies with the DDOD requirements. Commissioner Planning Commission Julyd1,2016 Agenda Item 1 6-27-16 Minutes Page 6 of 10 Selby seconded the motion. Upon roll call the motion passed with a vote of 6-3-0. Commissioners Hoffman, Quinlan, and Cook voted `no'. Motion #2: Commissioner Autry made a motion to approve VAR 16-5436 with conditions as recommended by staff. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Motion #3: Commissioner Brown made a motion to approve VAR 16-5436 with a variance of UPC 172.11 to allow the garage within 18 feet of the street. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-3-0. Commissioners Hoffman, Quinlan, and Cook voted `no'. 3. New Business: VAR 16-5477: Variance (4140 FRONT PORCH VIEW/LOT 75-OAKBROOKE SD, 361): Submitted by PARADIGM DEVELOPMENT, INC. for property located at 4140 FRONT PORCH VIEW. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.23 acres. The request is for a variance of the driveway width standards. Andrew Garner, City Planning Director, gave the staff report. Jim Ramsey, applicant, was present for questions. No public comment was presented. Commissioner Quinlan asked about the need for the variance. Jim Ramsey discussed that the variance was needed because it was the best option for this home. Commissioner Autry discussed that he was comfortable with this request. Motion: Commissioner Autry made a motion to approve VAR 16-5477 with conditions as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-1 (Commissioner Hoskins recused). LSD 16-5374: Large Scale Development (1241 W. MLK BLVD./ARENA VILLAGE SHOPPING CENTER EXPANSION, 521/522): Submitted by BLEW & ASSOCIATES, INC. for properties located at 1241 W. MLK BLVD. The properties are zoned C-2, THOROUGHFARE COMMERCIAL, and contain approximately 4.71 acres. The request is for 2 new structures containing approximately 9,530 square feet of shopping center space with associated parking. Quin Thompson, Planner, read the staff report. Planning Commission July711,2016 Agenda Item 1 6-27-16 Minutes Page 7 of 10 Jorge DuQuense, Applicant: Agree with staff, and will answer any questions you may have. Public Comment: Aubrey Shephard, Neighbor: What year was the building built, and what year was the detention pond built? There is underground detention nearby, north and south. I am concerned about how those are maintained and how long they last. This is a very significant place where water comes together from all directions. This is the original Town Branch, the very edge of the City in 1935. The point is that there is a small spring fed stream. You can't sell City required detention ponds can you? I suppose the owner did not give up ownership when they installed the detention pond. The area has had many many floods, and I hope that it will be looked at very very carefully. Zoanna Chestnut, Neighbor; I am concerned out the additional road being put on Indian Trail. I have seen the transformation with the Vue apartments. Everyone cuts through Indian Trail to avoid traffic. There was a bad accident in the area recently. Children ride through there, people run through there, using the trail. I think it is unsafe to add an additional crossing there. Nor is access from Stadium Drive safe. We need to think about flooding in the area. We have a detention pond that helps with flooding, but then you are going to add more building the area. No more public comment was presented. Tom Brown, Commissioner: Has a landscape plan been submitted? Thompson: Yes. Brown: a second problem I have with this is access on Stadium Drive. Is the separation distance adequate? Thompson: Yes it does, with room to spare. Kyle Cook, Chair: As to the detention pond, if the applicant can meet the existing requirement and add the capacity necessary for the additional development, then they are allowed to do that. Kit Williams, City Attorney: Please keep in mind that when looking at Large Scale Development, it is your job to make sure that the project meets code and does not make a worse safety condition. Staff has reviewed the project and decided that it meets development codes as stated. Matthew Hoffman, Commissioner: discussed stream improvements designed by the applicant and City staff, complementing efforts on both sides. Corey Granderson, Staff Engineer: Describes erosion control and improvements proposed by the applicant. Cook: What is lifespan for detention system? Granderson: This proprietary system does come with a maintenance schedule, typically every two years the system must be cleaned. The City does not regulate actual cleaning of these Planning Commission Julygl1,2016 Agenda Item 1 6-27-16 Minutes Page 8 of 10 systems. We need to do a betterjob of managing this. Our drainage manual has robust language about maintenance requirements, and we are working on oversight of those. Autry: Will the system help with the specific issues brought up by Ms Chestnut? Granderson: This system does not specifically address those issues. Leslie Belden, Commissioner: I have heard comments about safety of ingress and egress. I appreciate that this proposed building will stop one of the points where people pass through the center in order to avoid traffic. I wish that we could remove curb cuts in the back in order to improve safety there. Then I have heard comments about detention and impervious surfaces. I am not a fan of unnecessary pavement. Allison Thurmond-Quinlan, Commissioner: I can't support pedestrian connection from Stadium Drive to allow students from the Vue to access the site. Also, proposed compact parking spaces adjacent to ADA parking create a traffic safety issue. I understand that the parking space dimensions meet code requirements, but I don't think the placement is good. Motion: Commissioner Autry made a motion to approve LSD 16-5374 with all conditions as recommended by staff. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. LSD 16-5461: Large Scale Development (NE CORNER OF JEWELL RD. & SALEM RD./FLATS AT FOREST HILLS, 440): Submitted MORRISON SHIPLEY ENGINEERS, INC. for properties located at NE CORNER OF JEWELL RD. .& SALEM RD. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT, and contains approximately 9.81 acres. The request is for 5 new structures with 55 multi-family units and associated parking. Jonathan Curth, Senior Planner, read the staff report. Patrick Foy, Morrison Shipley, Applicant's Representative: Offers no further comment. No Public Comment Allison Thurmond-Quinlan, Commissioner: Clarifies that Subdivision Committee would likely have supported a building height variance if needed, but no longer feels it is needed given the applicant's modifications. Motion: Commissioner Hoffman made a motion to approve LSD 16-5461 with all conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission Julyg1,2016 Agenda Item 1 6-27-16 Minutes Page 9 of 10 The following items have been approved administratively by staff: LSP/PLA 16-5433: Lot Split-Property Line Adjustment (3111 W. MT. COMFORT RD./BRISIEL, 363): Submitted by SWOPE CONSULTING, INC. for properties located at 3111 W. MT. COMFORT RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 14.09 and 18.31 acres. The request is to split and adjust the parcels into 3 lots containing approximately 13.84, 13.31 and 5.23 acres. 4. Reports: None 5. Announcements: None 6. Adjournment Time: 9:30 PM 7. Submitted by: City Planning Division Planning Commission JV 1,2016 Agenda Item 1 6-27-16 Minutes Page 10 of 10 CITY OF 7aypp 711c L PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: July 11, 2016 SUBJECT: VAC 16-5494: Vacation (3641 W. WEDINGTON DRJOZARKS ELEC. CO-OP, 440): Submitted by CRAFTON-TULL ENGINEERS, INC. for property located at 3641 W. WEDINGTON DR. The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 36 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5494 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property contains several parcels containing totaling approximately 36 acres. The property is located at 3641 Wedington Drive. The Ozarks Electric office building and material storage area is located on the property. Surrounding land use and zoning is depicted in Table I. Table 1 Surrounding Zoning and Land Use Direction . Land Use Zoning North Slim Chicken's restaurant; undeveloped R-A; R-PZD (Links); C-1 South Mountain Ranch Residential Subdivision RSF-4 East Forest Hills mixed commercial C-PZD(Forest Hills) West First United Pentecostal Church; Undeveloped R-A; NS Proposal:The applicant proposes vacation of a portion of utility easement to allow for expansion of the Ozarks Electric building. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Utility Response Cox Communications No objections AEPISWEPCO No objections Source Gas No objections Planning Commission Mailing Address: July 11,2016 113 W. Mountain Street wwwJayettevilRg-Ady�m 2 Fayetteville, AR 72701 16-5494 Ozarks Elec. Page 1 of 14 I AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5494 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. [Planning Commission Action: ❑ Approved O Forwarded ❑ Denied Meeting Date: July 11, 2016 Motion: Second: Vote: BUDGETISTAFF IMPACT: None. Attachments: ■ Request Letter • Petition to Vacate • Utility Approvals ■ Easement Vacation Exhibit • One Mile Map ■ Close Up Map Planning Commission July 11,2016 G-lETC0evelopment Services Review120161oevelopment Revieml6-5494 VAC 3641 W.Wedington Dr. Agenda Item 2 (Ozarks Elec Co-op)440103 Planning Comm issionW-11-20151Comments and Redfines 16-5494 Ozarks Elec. Page 2 of 14 941 N 47th Street,Suite 240 Rpgers,AR 72758 Crc�fton Tu I E r architecture I engineering 479 63F 4$38 surveying 479 6316224 , June 17, 2016 Planning Division City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Re: Ozarks Electric Easement Vacation Request Fayetteville, AR CTA Job No. 16105600 This is the letter for the formal Easement Vacation Requests for the proposed Ozarks Electric Coop. addition. The project is located at 3641 W. Wedington Drive. A vacation of an existing 20' utility easement is requested for this project. The proposed additions will be located on top of the location of an existing waterline and utility easement. We will be relocating the waterline to allow for the construction of the addition_The new alignment will allow more than adequate distance from the proposed building additions. Please see the attached legal descriptions and exhibits for details. Should you have any questions or require any additional information, please feel free to contact us at your convenience. Sincerely, Crafton Tull Z&� Matthew Loos, E.I. Project Engineer ssion 2016 gena em 2 16-5494 Ozarks Elec. Page 3 of 14 PETITION{ FOR EASEMENT VACATION PETITION TO VACATE AN EASEMENT LOCATED IN LOT 2 OF 7-16�30 FAYETTEVILLE OUTLOT5,OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the easement h reinafter sought to be abandoned and vacated lying in Lot 2 of 7-16-30 Fayetteville Outlots, City of Fay tteville,Arkansas, a municipal corporation,petition to vacate an easement which is described as followsa Description Easement Vacation Area PART OF LOT 2 LOT LINE AD]USTMENT-CC MBINATION PLAT OF PLAT RECORD 2007-12333,RE JORDED IN PLAT RECORD BOOK 2007 AT PAGE 00029947,CITY OF FAYETTEVILLE,WASHINGTON COUNTY,ARKA SAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MARKING THE WEST QUARTER CORNER OF SECTION 7,TOWNSHIP 16 NORTH, RANGE 30 WEST,SAID POINT BEING ON THE NORTH LINE OF LOT 2 OF SAID LOT LINE AFJJUSTMENT-COMBINATION PLAT OF PLAT RECORD 2007-12333; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COURSES: THENCE 587'24'03"E 346.74 FEET; THENCE NO2"48'56"E 9.17 FEET,- THENCE EET;THENCE 587°20'36"E 102.02 FEET; THENCE LEAVING SAID NORTH LINE S02`36'54"W 38.61 FE ET TO THE EAST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 2002 AT PAGE 180083; THENCE ALONG SAID EAST LINE S02�36`54"W 144.34 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE S02°36'54"W 205.03 FEET TO THE SOUTH LINE O�SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTH LINE THE FOLLOWING THREE COURSES: THENCE N87'23'54"W 88.03 FEET; THENCE 5D1"39'46"W 15.84 FEET; THENCE N88°20'14"W 8.54 FEET TO THE EAST LINE OF A 20 FOOT UTILITY EASEMENT AS RECOIDED IN PLAT RECORD BOOK G023 AT PAGE 3321- THENCE 32;THENCE ALONG SAID EAST LINE S02"03'24"W 6.77 FEET; THENCE LEAVING SAID EAST LINE N87°23`30"W 20.00 FEET TO THE WEST LINE OF A 20 FOOT UTILITY EASEMENT AS RECORDED IN PLAT RECORD BOOK 0023 AT PAGE 332; THENCE ALONG SAID WEST LINE NO2'03'24"E 42.7S FEET TO THE NORTH LINE OF SAID 2D F007 UTILITY EASEMENT; THENCE ALONG THE NORTH LINE S87'23'S4"E 96.66 FEET TO THE WEST LINE OF A 20 FOOT UTI LITY EASEMENT A5 RECORDED IN PLAT RECORD BOOK 2002 AT PAGE 180083; THENCE ALONG SAID WEST LINE THE FOLLOWING FIVE COURSES: THENCE NO2"36'54"E 122.60 FEET; THENCE N86`30'14"W 68.86 FEET; THENCE NO3"29'46"E 20.00 FEET; THENCE S86°30'14"E 68.55 FEET,- THENCE EET;THENCE NO2'36'S4"E 62.43 FEET; Planning Commission July 11,2016 A Item 2 16-5494 Ozarks Elec. Page 4 of 14 THENCE LEAVING SAID WEST LIME 542'23'06"E 28.28 FEET TO THE POINT OF BEGINNING,CONtAINING 0.19 ACRES, MORE OR LESS AND SU BI ECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. That the abutting real estate affected by said abandonment of the easement is Lot 2 7-16-30 Fayetteville❑utlots'City of Fayetteville used by the public For a period of many years, nd that the public interest and welfare would not be adversely affected by the abandonment of t e portion of the above described easement. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject, however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of1the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject tvlsaid utility and sewer easements,and that title to said real estate sought to be abandoned be vested�n the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this day of 2016- Printed N e ignature Printed Name Signature I I Planning Commission _ July 11,2016 - - — �nPnda Item 2 16-5494 Ozarks Elec. Page 5 of 14 EXHIBIT 587° 24 )YE 346.74' S87° 20 WE 102.02' 9RASS CAP W 1/4 CORNER `—N2. 48' Sfi'E 9.17' 7-16-30 S2° 36' 54'W 38.61' Iw� l -1 �7 � N I i �N PARCEL 765-13729-000 a OZARK ELECTRIC COOPERATIVE CORP 1 OR 653-81 �+ LOT 2 f PR 2007-29947 + ., 542° 23' 06"E 28.28' I P.O.B. +r cr N3° 29' 46"E 20.00'- 586. 30' WE 68.55'x EASEMENT AREA TO BE VACATED N86' 30' 14-W 68.86' a N c N Lo i7 -Lop ❑ W � K Y N z � N z N > z x w m v � o O Y a 587° 23' S4"E 96-66- N2' 03' 241 42.75' x!a cN N87° 23' 54"W 88.03' Mod - 51° 39' 46"w 15.84' zRp ndE 20' UTILITY EASEMENT �N88° 20' WW 8.54' PR 0023-3321 S2° 03' 24"W 6.77' ua —� N87' 23' 30"W 20.00' NOTE: c gar N-47th Sl..Suite 200 am THIS EASEMENT VACATION EXHIBIT IS A GRAPHICAL REPRESENTATION OF Rogers,Aflmnsos 72756 C7 ZrTHE EASEMENT VACATION DESCRIPTION, AND DOES NOT CONSTITUTE A 6 Tulla°N BOUNDARY SURVEY. Crafto n Orchitecrwe l e—, : surveyinc P O3FCTr'➢O.: 11RAWNBY: DATE479.636.483a 06/14/2016 1 OF 1 v Plarinirigbmmi sion J6111 016 Agenda Item 2 16-5494 Ozarks Elec. Page 6 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 06/22/2016 UTILITY COMPANY: Cox Communications APPLICANT NAME: CRAFTGN TULL APPLICANT PHONE: 479-87$-24$7 REQUESTED VACATION(applicant muse check gUthat apply): Y 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,easemernr,right-of-way),described as follows: General location/Address 3641 W. WEDINGTGN DR. FAYETTEVILLE AR ❑ (ATTACH legal description and graphic representation of what is being vacated-SUR Y,EY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. - No objections to the vacation(s)described above,provided following described easements arc retained. (State the Iocation,dimensions,and purpose below.) J No objections provided the following conditions are met: Art4'da ma Ve to or relocaIion of our exis ting facitiIies will be at the oiversldeveio Pers expense, -sure of Utility Company Representative (,t)nstructioii& Platinin ,MAB:-ter Title December 2014 Page S Planning Commission July 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 08/22/2016 UTILITYCOMPANY: AEPISVVEPCO APPLICANTNAME: CRAFTON TULL APPLICANT PHONE: 479-878-2487 .R.EQUESTED VACATION(applicant must check all rhar apply): V 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,easemenr,right-of-way),described as follows: General location lAddress 3641 W. 1NEDINGTON DR. FAY ETTEVILLE AR ❑ (ATTACH legal description and graphic representation of what is being►vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. 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: Signature of U ' ty Company Representative �/rs U ■ Cr eA1 &er11'1CF1L Title December 1014 Page 5 Planning Commission July 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 8 of 14 UTILITY APPROVAL, FORM FOR RICHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS 06/22/2016 UTILITY COMPANY: SOURCE GAS APPLICANT NAME: CRAFTON TULL APPLICANT PHONE: 479-878-2487 REQUESTED VACATION!(applicantmust check all that apply): M Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right•of-way. - Alley street rngnt-ot-way I have been notified of the petition to vacate the Following(alley,easement,right-qf-wayL described as follows: General location I Address 364.1 W. INEDINGTON QR. FAY ETTEVILLE L AR G (ATTACH legal description anLl graphic representation of what is bring vacated-SURVEY) UTILITY COMPANY COMMENTS: X No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)describes}above,provided foaowing described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met Signatttrt oIX ty o ny Representative Title I Prcunba 1014 Page F Planning Commission July 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 9 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 06122/2016 UTILITY COMPANY: AT&T APPLICANTNAME: CRAFTON TULL APPLICANT PRONE: 479-878-2487 REQUESTED VACATION{applicant+avast cheek gli that apply}: Y Utility Easement Flight-of-way far 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-wary),described as follows: General location I Address 3641 W WEDINGTO N DR. FAYETTEVILLE. AR 0 (ATTACH legal description and grapple represenradoon of what is being vacated-,SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) x No ob"actions provided the following conditions are met: If any A &T facilities are damaged or require relocation will be the responsibility of the owner/developer. JEFF HAMILTON ENGIHEEFIHG,0_1 hS430"torn Lw Sasrnurnow D.W 2016.06.22 12:15.15.05.00• Signature of Utility Company Representative MGR DSP Ping & Engrg Design Tide December.7019 Page 5 Planning Commission July 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 10 of 14 UTILITY APPROVAL FORM FOR RICHT.OF-WAY,ALLEY,AND VTILITV BASEMENT VACATIONS DATE: 06/22/2016 UTILITY COMPANY: OZARKS ELECTRIC APPLICANT NAME: CRAFTON TILL APPLICANT PHONE: 479-878-2487 REWESTEO VACATION(appliraxt must check all that apply): V Utility Easement 5 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 vacase the following(alley,easement,right-of-way),described as follows: General location/Address 3641 W. VVEDIN T FAYE VILL Q (ATTACH legal description gtMd graphic reprEsex0fton of what h;being sweated-SURVEY) UTILITY COMPANY COMMENTS: xNo objections to the vacation(s)described above,and no comments. No objections to the vacasion(s)described above,provided following described easements are retained. (State tic location,dimensions,and purpose below.) No objections provided the following conditions are met: r' - Signature of Utility Company 1W.esentative Tick r Dccmber 1014 Pejo S Planning Commission July 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 11 of 14 UTILITY APPROVAL FORM FOR[LIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 06/22/2016 UTILITYCOMPANY: FAYETTEVILLE WATER & SEWER APPLICANT NAME: CRAFTON TOLL -APPLICANT PHONE: 479-878-2487 REQUESTED VACATION(applicant must check mit that apply): V Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of way. Alley Strut 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 3641 W. WEQINGTON ❑R. FAY ETTEVILLE, AR ❑ (-t TTA CH legal description and graphic representation of what is being Pacated-SURYLcF) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. 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: Signa a of Utility Com an Representative � t Title ❑wrmba 2014 Pap S Planning Commission July 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 12 of 14 VAC 16-5494 OZA R KS E L E C CO-OP Close up View NORTH q 7 ca m w � M j Cj ILI LL x O -2 f WEOUVGTON aft Subject Property q z Q LU M S i= 81_ACK FOREST DR tt-0 N-1 ft f'I 11 GROVE tiS JEWELL R❑ Legend Residential-Agricultural Plannin Area Residential-Office g Feet C ' Fayetteville City Limits �Urban Thoroughfare 0 75 150 300 450 600 Neighborhood Services Trail (Proposed) Commercial,Industrial,Residential Building Footprint 1 inch = 200 feet Planning Co mission 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 13 of 14 VAC 16-5494 OZARKS ELEC CO-OP One Mile View NORTH 0 0-125 0-25 0-5 Miles `L W - A W CYpyilli ii-. IFL r L �-• eow P teF i r _ � r IRS• o Er�. N RSF-8 C'-t - HY JE r RVI -[2 C! AUX, R AME Subject Property a w - 4 W x R-0 N FL RnR LE B N,5 i L 4 C 4 RSF-0 KARS (NOUN TA IN VIEW C, .. A G U/JTAW VIEW pRI.b 00 Legend EYTmCT1ON RESIOENTiAL SINGLE-FAMILY ME-1 --_-_ - '€T Rnw°noauWieue..l COMMERCIAL IL + �+ Planning Area RSF.� C�,�a.D.F • R5f-1 RSF.1 L - _I Fayetteville City Limits �� QRSF.7 FORM 9ASEO 04STMCTS RSF-0 —DewRe"++C— RESIDENTIAL Shared Use Payed Trail -U.ean rna��oN. RESIDENIDEM TIAL MIlL114AMILY � —R[.l2 Reae•nayi i."a�Inn•.lamq �Pa.nwm F»nrr i++++ Trail(Proposed) RMFy -,W L---, Design Overlay❑I$tflct ioRWF-le P—LAryN�KyED ZONING Area �a wOISeTnRn ICTg _ _ cR.rope.Ro ar.. Building Footprint I---'" INDUSTRIAL INS nTUTIOrunoNAL Fayetteville City i mits Planning Co mission 11,2016 Agenda Item 2 16-5494 Ozarks Elec. Page 14 of 14 CITY OF ■ Ta'yO �v PLANNING COMMISSION MEMO ARKANSL AS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: July 11, 2016 SUBJECT: VAR 16-5490: Variance (SOUTHEAST CORNER OF VANTAGE AND RAINFOREST/FOCUS FAMILY EYE CLINC, 175): Submitted by JOGENSEN & ASSOCIATES, INC. for property located at the SOUTHEAST CORNER OF VANTAGE & RAINFOREST. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.17 acres. The request is a variance for additional parking. RECOMMENDATION: Staff recommends approval of CUP 16-5490 with conditions. BACKGROUND: Property:The subject property is located at the southeast corner of Vantage Drive and Rainforest Road and contains approximately 1.17 undeveloped acres within the C-2 zoning district. The surrounding zoning and land use is listed in Table 1. Table 1 Surrounding Land Use and ZonIn Direction Land Use Zoning North Commercial: Bank of the Ozarks C-2,Thoroughfare Commercial South Mud Creek Trail P-1, Institutional East Commercial:Allergy Clinic C-2,Thoroughfare Commercial West Commercial: Regions Bank C-2, Thoroughfare Commercial An eye clinic and retail sales building with a total area of 4,830 square feet is proposed for the site. UDC section 172.05(A) Table 3 requires 1 space per 250 square feet of Gross Floor Area (GFA) for Medical/Dental Office and for retail. A maximum of 25 parking places are allowed by the code for this project, and an additional 30% maximum is allowed where specific design requirements are met, including the implementation of Low Impact Development strategies for improved water quality and the planting of additional trees to further mitigate environmental impacts. The project is in the design phase at this time and is expected to be submitted for Large Scale Development (LSD) review in the coming weeks, however, prior to this LSD submittal, the applicant requests a Conditional Use for parking in excess of the maximum allowed under UDC 172. The applicant has provided the following parking calculations indicating the design intent, including all of the optional elements allowed: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 Planning Commission July 11,2016 Agenda Item 3 16-5490 Eye Clinic Page 1 of 19 PARKING RATIO Building Max Classification Ratio SQ. FT. Calc. Allowed 1 per 250 Medical office SF 4,830 4,830/250 19.32 Max Allowed 15% increase by right 19(0.15) 2.89 10% increase w/LID stormwater techniques 19(0.10) 1.9 5% increase w/addit. Trees* 19(0.05) 0.95 Max.Allowed 25 Provided/Requested 34 *1 additional 2-inch caliper tree for every 10 additional parking spaces. (The additional 9 spaces permitted as a conditional use permit require 1 more additional tree) The applicant has also provided the following staffing and patient information: • Peak Patients = 3-4 per doctor • Peak Staff= 14 Future Land Use Plan Designation: City Neighborhood Area DISCUSSION: Request:The applicant requests a conditional use for an additional 9 spaces to allow a total of 34 spaces, including accessible spaces. Public Comment: Staff has not received public comment. Recommendation: Staff recommends approval of CUP 16-5490 subject to the following conditions. Conditions of Approval: 1. Planning Commission determination of a Conditional Use Permit for 9 more parking spaces than the maximum allowed under UDC Chapter 172. Staff recommends approval of this request, finding that the applicant has provided justification that the additional parking spaces are needed for their business, which does not fall easily into the City's standard parking ratios. 2. All optional elements allowing parking increases as described in UDC Chapter 172.05(C)(3) must be provided before the Conditional Use Permit shall become effective. 3. Development of this site in the manner proposed shall be processed as a Large Scale Development application and required to be submitted for review in accordance with all Fayetteville Unified Development Code requirements. The submitted site plan shall not be considered `approved' for development code review by this Conditional Use Permit. G:\ETC\Development Services Review\2016\Development Review\16-5490 VAR 2292 S End of N Vantage Dr. (Focus Family Eye)175\01 Planning Commission\07-25-2016\Comments and Redlines Planning Commission July 11,2016 Agenda Item 3 16-5490 Eye Clinic Page 2 of 19 4. Trees shall be planted for the additional parking spaces according to the ratio provided in UDC 172.05(A)(3)(c). 5. The project will provide a shared access easement covering the existing drive shared with the clinic to the east. Planning Commission Action: ❑ Approved ❑ Forwarded ❑ Denied Meeting Date: July 11, 2016 Motion: Second: Vote: FINDINGS OF THE STAFF Section 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 for an additional 9 parking places over and above the maximum allowed under Chapter 172.05. G:\ETC\Development Services Review\2016\Development Review\16-5490 VAR 2292 S End of N Vantage Dr (Focus Family Eye)175\01 Planning Commission\07-25-2016\Comments and Redlines Planning Commission July 11,2016 Agenda Item 3 16-5490 Eye Clinic Page 3 of 19