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HomeMy WebLinkAbout172-02 RESOLUTIONRESOLUTION NO. 172-02 A RESOLUTION TO GRANT THE APPEAL OF DON NELMS CONCERNING LSD 02-21 (NELMS) WHICH WAS REJECTED BY THE PLANNING COMMISSION ON OCTOBER 14, 2002 WHEREAS, the Planning Staff has recommended approval of LSD 02-21 and because the petitioner has fully complied with all developmental ordinance requirements of the UDO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Don Nelms for LSD 02-21 and approves that Large Scale Development as presented to the Planning Commission and pursuant to all recommendations and conditions placed upon LSD 02-21 by the Planning Department and specifically grants the variance for use of metal halide lights. PASSED and APPROVED this the 5th day of November, 2002. APPROVED: By ATTEST: By: a�"'�� eather Woodruff, City Cie4Z NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No.172-02 Document • 1 11/05/02 Resolution # 172-02 2 10/15/02 Letter from Black, Corley & Owens, P.A. to Heather Woodruff 3 10/14/02 Planning Commission minutes 4 12/05/02 Memo from Heather Woodruff, City Clerk to Tim Conklin, Planning NOTES: Black, Corley & ()wens, RA. arc hi lett, principals Larry A. Black John A. Corley Leslie A. Owens associates Bryan Smith Brian Black 219 West South St. Benton, AR 72015 Tel. 501-315-7686 Fax. 501-315-0487 bnan Q bcorleyo.com • October 15, 2002 Ms. Heather Woodruff Fayetteville City Clerk 113 West Mountain St. Fayetteville, AR 72701 RE: Landers Auto Park Ms. Woodruff, • We wish to appeal to the City Council to overturn the Planning Commision's rejection of LSD 02-21.00 (Nelms) during the PC Meeting of October 14, 2002. During the past six months, we have worked closely with the City of Fayetteville Planning Department staff to design a 7 28 acre site expansion for the Landers Auto Park located at the intersection of Interstate 540 and Highway 112. The project was last reviewed at the October 3, 2002 Subdivision Committee Meeting and forwarded to the Planning Commission. The City Planner (Tim Conklin) and the City Engineer (Matt Casey) recommended approval of the Large Scale Development subject to the conditions listed in the attached letter. During the Planning Commission meeting, we publicly agreed to meet each of the nine conditions. Despite our efforts, the approval of the Planning Staff, and the advice of the City Attorney, the Planning Commission voted to reject our proposal. We respectfully request to appear before the City Council during the next meeting scheduled Tuesday, November 5, 2002. Sincerely, Dian Black Don Nelms Representative, Landers Auto Park Representative, Nelms LLP • • • - • • 1 ,1..1 .h, ,(1 ,1•,1:1`1 .f\ rIu; - •:1.,1i).1,"r1�!. rery ,H :,1Ir,.1 4,I Y '1 . :1 htiai !'I./77t1 `JBIi 1 fi II(! ,I t f1)["oet 1%i`ii PI` et1U`_V Sit, ,ttnfliJ3 r'r;!-11 r.I f. -!Qi' .ECJ • FROM • (TUE)OCT 15 2002 14:58/3T.14:57%N0.6307170717 P • • FAYETTEVILLE THE CITY OF FAVIT[evnerat, ARXA1sSAs 113 W. Mounds st. FestIwIlles AR 11701 LSD -02-21 Pin l PC Meeting of October 14, 2041 Reda ran TO: Fayetteville Planning Commission Member THRU: Tim Conklin, City Planner, A.I.CP. FROM: Matt Casey P.E. Staff Engineer DATE: October 10, 2002 LSD 02-21.00: Large Scale Development (Nelms, pp 249) was submitted by Phil Hagen of Crafton, Tull t Associates on behalf of Nelms, LLP for property located west of I-540 and east of Hwy 112. Tho property is zoned C-2. Thoroughfare Commercial and contains approximately 7.28 acres with a 300,000 sq.ft. outdnor display area proposed. Findings: • Proposal: Construction of additional display area for Landers Auto Park Parking Provlded: 645 spaces for display Existing Development: Vacant Surrounding Zoning: West C-2 East: A-1 North: A-1 rezoning to C-2 South: 41 Surrounding Land Use: Vacant (east), Auto Park (west), Vacant (north), Vacant (south) Right-of-way being dedicated: None Tree Preservation: Site Coverage: Overlay District 39.I% open Space 38.6% Entire Development Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. TCIc final grading plan, storm water plan, and floodplain development permit shall not be approved and issued by the City of Fayetteville until the U S. Army Corps of Engineers concurs with the wetland delineation and issues any/all required permits for work and improvements within the delineated wetland area and waters of the United . States. If the wetlands that are shown on the large scale development are revised by c+USLaSCOM OMPL4MVDJG'EPOsrsvc xsPORTS210:ac7oeatuar42-m_0241.00 MILMS,LOC QCT -11-2002 11:Q9 95%: P.02 FROM 1,TUE)OCT 15 2002 14:59/ST.14:57/N0. • . the U.S. Army Corps of Engineers aad are impacted by the proposed development, the large scale development shall require rehearing and approval by the Planning Commission. 17 70717 P 3 LSD -02-21 Pmp r 2. A letter of map revision based on existing conditions and more detailed study shall be submitted to FEMA for review and approval in order to accurately delineate the 100 year floodplain and floodway on the FIRM map. The letter of map revision shall be completed within one year from approval of the large scale development 3. A variance for the use of metal halide lights shall be required by the Planning Commission. All lighting shall meet the IESNA standards for illumination of automobile display areas and shall be shielded and directed downward. 4. Landscaping shall meet the Design Overlay District requirements for spacing of tree; within the 25 foot landscaped area along the highway frontage. 5. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 6. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements arc subject to additional review and approval. All improvements shill l comply with City's current requirements. Sidewalk construction in accordance with current standards. 8. Large scale development shall be valid for one calendar year. 9. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions OCT -11-2002 1139 IP I ZUSCOASIDAIPLUJAWALPORTSIPC WORTS 200210C7Da6Ruatla.SD_2-n;00 NEU43DOC 95% P.03 FPCM (TUE)6C7 15 2002 14:59/ST.157/N0.5307170717 F 4 • • LSD 02-21.00 r d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §I58,01 AOuarantees in Lieu of Installed Improvements to guarantee all incomplete improvements. Fuithet, all improvements necessary to serve the site and protect public safety must be completed, not Just guaranteed, prior to the issuance of a Certificate of Occupancy Background: The project was reviewed at the July 29, 2002 Technical Plat Review and tabled for drainage issues. It was again reviewed at the August 28,2002 Technical Plat Review and the September 12, 2002 Subdivision Committee Meeting. It was then delayed due to environmental concerns and again reviewed at the October 3, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included tree preservation, wellands, drainage, lighting and environmental coacarns. The Subdivision Committee forwarded the large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. water. Existing 2. Sanisry Sewer: Existing 3. Streets. NA 4. Grading and Drainage. A preliminary grading plan and drainage report have been submitted and reviewed for general compliance. A final review and approval will be naessary before construction can begin. PLANNING COMMISSION ACTION: yea Required Approved Denied Date; Comments: CCT -11-2002 11;35 95% P.04 FROM cth Grafton, Tull & Associates, Inc. (TUE)OCT 15 2002 15:00/ST.14:57110.6307170717 P 5 • • R0. Box 549 Rogers, AR 72751 479,636.4838 Fax 479.631.6224 www.aattuiL oom September 25, 2002 City of Fayetteville Planning Division 113 West. Mountain St. Fayetteville, AR Re: Best Management Practices Proposed for the Landers Autopark Expansion Project. Dear The City of. Fayetteville Planning Commissioners and Planning Staff: Our proposed large scale development plan for the above referenced project includes the following Best Management Practices. 1. Silt Fencing 2. Diversion Dikes 3. Detention Ponds 4. Vegetation Filtration Basin 5. Utilizing Existing Natural Drainage Ways Should you have any questions concerning thls request, please feel free to contact me at 479-878-2423. Respectfully, Phil Hagen, E.I. Project Engineer Ar c hi t e c t s, E n.g i n e e r s & S u r v e y o r OCT -11-2002 1139 P.06 FROM (TUE)OCT i5 2002 15:00/ST.14:57% 10. 5307170717 P • LSD02-21.00 Closs Up Wiw NELMS • IlnwHNINUMN Lind SAM Property - 1$00041.00 Sheets "Th.. ESP* 411P Pur.wo 0 112.5 225 OCT -LL -2002 11:39 95%: P.07 F"OM L5002-21.00 One Mile View (TUE)OCT 15 2052 15:31,/ST.14 • 71NC. 07170717 P OCT -11-2A?? 1:39 Legend Subsci Property ®15002 21.00 arta Nan Prrae 0 0.1 02 Boundary r N._ Planning Aran o Lce./ ib -1 DlrOrl L COP Limb Masi& GV Marr Otter Plan rnw+.pgpaq Ilio pwcpd iivpnal ` 1I YN MSI ♦ la 5. cares rrrrr Nark Uttar 95% P.06 • • • • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 LSD -02-21 Page 1 PC Meeting of October 14, 2002 Nelms, LSD TO: Fayetteville Planning Commission Members THRIF Tim Conklin, City Planner, AIC P FROM: Matt Casey P.E. Staff Engineer DATE: October 10, 2002 LSD 02-21.00: Large Scale Development (Nelms, pp 249) was submitted by Phil Hagen of Crafton, Tull & Associates on behalf of Nelms, LLP for property located west of I-540 and east of Hwy 112. The property is zoned C-2, Thoroughfare Commercial and contains approximately 7.28 acres with a 300,000 sq.ft. outdoor display area proposed. Findings: Proposal: Construction of additional display area for Landers Auto Park Parking Provided: 645 spaces for display Existing Development: Vacant Surrounding Zoning: West: C-2 East: A-1 North: A-1 rezoning to C-2 South: A-1 Surrounding Land Use: Vacant (east), Auto Park (west), Vacant (north), Vacant (south) Right-of-way being dedicated: None Tree Preservation: Site Coverage: Overlay District 39.1% open Space 38.6% Entire Development Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. The final grading plan, storm water plan, and floodplain development permit shall not be approved and issued by the City of Fayetteville until the U.S. Army Corps of Engineers concurs with the wetland delineation and issues any/all required permits for work and improvements within the delineated wetland area and waters of the United States. If the wetlands that are shown on the large scale development are revised by E:1 USERSICOMMOMPLANNINGIREPORTSIPC REPORTS 200110CTOBER110-I4ILSD_02-11.00 NELMS.DOC • • • • the U.S. Army Corps of Engineers and are impacted by the proposed development, the large scale development shall require rehearing and approval by the Planning Commission. LSD -02-21 Page 2 2. A letter of map revision based on existing conditions and more detailed study shall be submitted to FEMA for review and approval in order to accurately delineate the 100 year floodplain and floodway on the FIRM map. The letter of map revision shall be completed within one year from approval of the large scale development. 3. A variance for the use of metal halide lights shall be required by the Planning Commission. All lighting shall meet the IESNA standards for illumination of automobile display areas and shall be shielded and directed downward. 4. Landscaping shall meet the Design Overlay District requirements for spacing of trees within the 25 foot landscaped area along the highway frontage. 5. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 6. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval All improvements shall comply with City's current requirements. 7. Sidewalk construction in accordance with current standards. 8. Large scale development shall be valid for one calendar year. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project that shall include the tree preservation area. c. Project Disk with all final revisions MIUSERS1COMMONIPLANN/NGIREPOR7S1PC REPORTS 10011OCTOBERI/0-14ISD 01-1/.00 NELMS.LKK •• •• LSD 02-21.00 Page 3 d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §158.01 AGuarantees in Lieu of Installed Improvements to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy Background: The project was reviewed at the July 29, 2002 Technical Plat Review and tabled for drainage issues. It was again reviewed at the August 28,2002 Technical Plat Review and the September 12, 2002 Subdivision Committee Meeting. It was then delayed due to environmental concerns and again reviewed at the October 3, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included tree preservation, wetlands, drainage, lighting and environmental concerns. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water. Existing 2. Sanitary Sewer: Existing 3. Streets. NA 4. Grading and Drainage. A preliminary grading plan and drainage report have been submitted and reviewed for general compliance. A final review and approval will be necessary before construction can begin. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: CITY COUNCIL ACTION: Date: • • • • Required Approved Denied LSD 02-21.00 Page 0 The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date •• •• Crafton, Tull & Associates, Inc. P.O. Box 549 Rogers, AR 72757 479.636.4838 Fax 479.631.6224 www.craftull.com September 25, 2002 City of Fayetteville Planning Division 113 West Mountain St. Fayetteville, AR Re: Best Management Practices Proposed for the Landers Autopark Expansion Project. Dear The City of Fayetteville Planning Commissioners and Planning Staff: Our proposed large scale development plan for the above referenced project includes the following Best Management Practices: 1. Silt Fencing 2. Diversion Dikes 3. Detention Ponds 4. Vegetation Filtration Basin 5. Utilizing Existing Natural Drainage Ways Should you have any questions concerning this request, please feel free to contact me at 479-878-2423. Respectfully, Phil Hagen E 1 Project Engineer Arch• i t e c t s Engineer s & Sur v e y or s • • LSD02-21.00 Close Up View • • NELMS SUBJECT PROPERTY NN I NI I NN I NI I NN I IkT S#I II IX I XX I XI I IIN I IH I NX I XI I XX I IX IX x-0 Overview Fri Legend Subject Property ... :: LSD02-21.00 Streets Existing Allee Planned 0 112.5 225 Boundary '•'s_, Planning Area & oocb 0000eo Overlay District L _ _I City Limits Outside City 450 Master Street Plan �j Freeway/Expressway 'N....* Principal Arterial Minor Medal e ,,,. Collector • ••• Historic Collector 675 900 Feet maml[rga1R_ ii epnn .. au L.mi OWN c.FU; NNNNN Ile p TO. mina Legend Subject Property LSD02-21.00 Streets �i Existing lj Planned Boundary Master Street Plan ' '• Planning Area '5IFreeWOy/Ewressway ..•itt„„t Principe Medal 0 o Overlay District oo00000 4^`y Minor Arterial r — 1 City Limits a' so odleaar L Outside City ••• • Historic Cdleaar Planning Commission October 14, 2002 Page 19 • • LSD 02-21.00: Large Scale Development (Nelms, pp 249) was submitted by Phil Hagen of Crafton, Tull & Associates on behalf of Nelms, LLP for property located west of I-540 and east of Hwy 112. The property is zoned C-2, Thoroughfare Commercial and contains approximately 7.28 acres with a 907,194 sq.ft. outdoor display area proposed. Aviles: The next item on our agenda is LSD 02-21.00, which is for Don Nelms. It was submitted by Phil Hagen of Crafton, Tull & Associates on behalf of Nelms, LLP for property located west of 1-540 and east of Hwy. 112. This property is zoned C-2, Thoroughfare Commercial and contains approximately 7.28 acres with a 300,000 sq.ft. outdoor display area proposed. Tim, do we have signed conditions of approval? Conklin: Let me check. Aviles: There are nine, I will go ahead and read those conditions. 1) The final grading plan, storm water plan, and floodplain development permit shall not be approved and issued by the City of Fayetteville until the U.S. Army Corps of Engineers concurs with the wetland delineation and issues any/all required permits for work and improvements within the delineated wetland area and waters of the United States. If the wetlands that are shown on the large scale development are revised by the U.S. Army Corps of Engineers and are impacted by the proposed development, the large scale development shall. require rehearing and approval by the Planning Commission. 2) A letter of map revision based on existing conditions and more detailed study shall be submitted to FEMA for review and approval in order to accurately delineate the 100 year floodplain and floodway on the FIRM map. The letter of map revision shall be completed within one year from approval of the large scale development. 3) A variance for the use of metal halide lights shall be required by the Planning Commission. All lighting shall meet the IESNA standards for illumination of automobile display areas and shall be shielded and directed downward. 4) Landscaping shall meet the Design Overlay District requirements for spacing of trees within the 25 foot landscaped area along the highway frontage. 5) Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 6) Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 7) Sidewalk construction in accordance with current standards. 8) Large scale development shall be valid for one calendar year. 9) Prior to the issuance of a building permit the following is required: Grading and drainage permits; Separate easement plat for this project that shall include the tree preservation area; Project Disk with all final revisions; Completion of all Planning Commission October 14, 2002 Page 20 • • required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed Improvements to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Conklin: Madam Chair, we do not have signed conditions of approval This is a Large Scale Development, it is going to expand the Lander's Auto Park. Mr. Nelms owns the land currently. It is going to expand it by 645 spaces for display. This is immediately adjacent to and east of the Landers Auto Park. Staff has worked with the developer and the engineer to make sure that the tree preservation protection ordinance is being met. They are showing a tree preservation area that will be shown on the easement plat up to the north of this display are. That area will comply with our tree preservation ordinance and will preserve 15% tree canopy within that area. Also, with regard to wetlands, they did hire an Environmental Specialist, he has done a preliminary wetlands delineation that has been submitted to the Corps of Engineers. Preliminary discussions with the engineer indicate that they will not be developing within any of the wetlands. In the two places where they do cross the current channel that has wetlands located at the bottom of the channel, they will be spanning that and not within that area. Condition number one addresses the issue of whether or not the Corps of Engineers, if they make a change to that that will come back to the Fayetteville Planning Commission for review and approval The current parking lot ordinance that we have does exempt display areas for the sale, lease, and storage of vehicles from any interior landscaping requirements and therefore, you don't see interior landscaping within this display area That is all I have, thank you. Aviles: Thank you very much Tim. Is the applicant present? Hagen: Good evening, I am Phil Hagen with Crafton, Tull & Associates. I don't have a presentation but I would be happy to answer any questions you may have. Aviles: Thank you Mr. Hagen. Is there any member of the public that would wish to address us on this Large Scale Development? Seeing none, I will go ahead and bring it back to the Commission and the applicant for further discussion and motions. Shackelford: A question for the applicant, it was mentioned in the presentation by the city staff that we don't have signed conditions of approval, are there any conditions of approval that you or the applicant take issue with? Hagen: Not at all. That is my fault, this is the first Large Scale I have brought through to Fayetteville and I wasn't aware of that but we agree to all of the conditions. Planning Commission • • October 14, 2002 Page 21 Church: I know at the agenda session we talked at length about the lighting issue. We really don't have a lighting ordinance yet but it seems like there are a lot of cars and a lot of lights out there. I guess I would just like to hear your thoughts. Are you out of space? Are you adding a different line of vehicles? Our intent is for you to be able to do business in Fayetteville. I guess are you just needing more room? That is something that we would want to take into consideration. Hagen: I am not sure if I am the appropriate person to answer those questions. Mr. Nelms leases this to Landers and yes, they need more parking spaces. When I went out there for the tree preservation, I had to go measure the canopy for all the trees, I had to drive around for about 15 minutes to find a place to park my car. They are just crammed in. They are doing great business so yeah, the general need is for parking out there. They do not have any current plans for another dealership or expanding another line that I am aware of. Church: Thank you. Hoover: 1 have got a question for staff. Tim, I know there is an exception for display areas with our parking ordinance, but when I am looking here at the Design Overlay District Ordinance, it says that should the regulations and standards of the underlying and Overlay Districts conflict, the Overlay District regulations and standards shall control. Conklin: We amended our Overlay District Regulations a few years back and modeled those after similar standards so we wouldn't have conflicting standards. The parking lot landscaping standards are the city wide ones that we use. Hoover: Where is that in the ordinance? I guess that is what I am having trouble understanding. Conklin: I will get you an ordinance number of when we amended our Overlay District requirements. Once again, we are trying not to have ordinance requirements repeat in different areas. Aviles: While Tim is looking that up, I will just ask the applicant a question. This is going to add a much larger area of parking display. I think everybody would agree that when you drive by at night it is like noon at the equator, you can really see the cars My questions are two fold, do you have timers intended for the parking lot to dim the lights at say midnight or ten o'clock, whenever people stop shopping for cars? That is one question and the second question is has the drive in movie theater been contacted and have they agreed with the addition because you are directly next door to them? Hagen: Yes, they have been contacted. They have been given a set of plans and Mr. Nelms has discussed this with them and they have no objections to it.