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HomeMy WebLinkAbout25-12 RESOLUTIONRESOLUTION NO. 25-12 A RESOLUTION TO GRANT THE APPEAL OF KUM & GO, L.C. AND TO AMEND AND APPROVE ITS LARGE SCALE DEVELOPMENT TO AGREE WITH THE PLAT SUBMITTED WITH ITS APPEAL LETTER 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 Kum & Go, L.C. from some of the terms or conditions imposed by the Planning Commission, but adds the condition that Kum & Go, Inc. must construct and pay for a median in Martin Luther King, Jr, Boulevard as shown in Site Plan F "Median Concept", and amends and approves the Large Scale Development plat to conform with the plat submitted by Kum & Go, L.C. as Site Plan F as further amended as shown by the site Plan F with "Median Concept" in red (both attached to this Resolution) regarding its driveway access onto and from Martin Luther King, Jr. Boulevard and changing the access from Royal Oak from vehicular to pedestrian. All other terms and conditions approved by the Planning Commission when approving LSD 11-3966 (Kum & Go at Martin Luther King and Hill Avenue) shall remain in full force and effect. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby grants Kum & Go, L.C. the right to bring this LSD 11-3966 back to the City Council by giving written notice to the City Clerk within 10 days of its receipt of a decision by the Arkansas Highway and Transportation Department to deny construction of the median for further consideration by the City Council. PASSED and APPROVED this 17th day of January, 2012. APPROVED: ATTEST: SONDRA E. SMITH, City Clerk/Treasurer „will IT iz ; 1111 [VV. w j a r cgi November 22, 2011 ENGINEERS • SURVEYORS • PLANNERS LANDSCAPE ARCHITECTS • ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 City of Fayetteville City Council 113 W. Mountain Street Fayetteville, AR 72701 Attn: Planning Department Re: Appeal of Planning Commission to deny proposed improvements Kum & Go, #413 CEI Project No. 26728.0 To Fayetteville City Council: RECEIVED NOV 2 G 2011 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE DISTRIBUTION: RER/File Kum & Go, L.C. Kum & Go, L.C. respectfully request the appeal to be heard in the decision of Planning Commission's vote at the November 14th, 2011 meeting for approval in the Kum & Go Convenience Store Large Scale Development. The property is located at the southwest corner of Martin Luther King Jr. Blvd and Hill Ave. The property is currently undeveloped and slopes significantly (Approximately 28 -feet) from the north property line to the south property line. Throughout the City approval process, revisions to the overall site layout were requested by two separate subdivision committee reviews in regards to the Large Scale Development plans. Under the first Subdivision Committee review (October 13, 2011) and as requested by the committee; Kum & Go was to provide a shared access drive from Royal Oak and shift the Martin Luther King Jr. Blvd access east, approximately 25 -feet closer to Hill Ave. This request was accepted by Kum & Go and tabled for the next subdivision committee review for approval to these changes. Following the second Subdivision Committee review (November 3, 2011) and as requested by the committee; Kum & Go was then directed to remove the shared access drive along Royal Oak due to possible issues in traffic movements around the intersection and due to the geometric roadway configuration. As a result to the existing topography; the roadway became superelevated along the median and grades became steep along the access drive located within the site. Furthermore, the adjacent property owner's representative to Hill Place Apartments stated that they were not in favor of a shared access and would not allow for such access through the privately owned median. In addition, the committee jotblfd I/17//L CCiqh 7a bled 1 qh 1/i/ia Cc mi recommended a'/ access drive with a median which would limit traffic movement to a right - in, left -in, and right -out access only from the Martin Luther King Jr. Blvd proposed access drive. This request was accepted by Kum & Go, revised, and moved forward to Planning Commission, dated November 14, 2011. Certain restraints have been held to this site in regards to the existing grades, close proximity to the Royal Oak drive, and current City ordinances. Should the site's Finish Floor elevations be lowered to accommodate the shared access drive along Royal Oak, then the MLK Jr. Blvd access drive becomes too steep which in turn limits the access of the delivery trucks. In the case of a right -in only drive; if a potential customer traveling west along MLK Jr. Blvd. chooses not to turn onto Hill Ave. before approaching the site, then the only option left for the driver is a possible "illegal" U-turn or to carrying on further west until finding an appropriate turn -around point. Following the Planning Commission meeting dated November 14, 2011, Kum and Go has made the following revisions to the site plan (See Exhibit — A). - The MLK Jr. Blvd. access drive has been shifted to the west approximately 30'. This shift is to address the traffic stacking in the left turn lane along MLK Jr. Blvd. and for those vehicles wanting to proceed north onto Hill Ave. - A pedestrian sidewalk connection has been included to extend from Royal Oak to the proposed convenience store. This property is an ideal location for this type of development and is welcomed by the residents of the Hill Place Apartments and is sure to be a convenience to the Fayetteville community. Several business's along the Marin Luther King Jr. Blvd corridor has in the past and recently been provided the convenience of a 3 or a full access drive. For Kum and Go to be denied a full access or even a 3/ access drive will only deprive them of the rights or privileges granted to other developments within recent time. In conclusion, we believe the public health, safety, welfare, and morals would be better served if the Planning Commission's vote were reversed because the highest and best use for this property would be for what the Kum and Go stores represent and the services they provide to a community. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to contact me. Respectfully submitted, (IAA - R. Erin Rushing, RLA Department Leader CEI Engineering Associates, Inc. 9 a'F e fevflle THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director& From: Chris Brown, City Engineer C-13 Date: January 11, 2012 Subject: LSD 11-3966 (Kum and Go at Martin Luther King and Hill Avenue) Review of Vehicular Traffic and Site Distance Safety Study Provided by Kum and Go Study Review The Vehicular Traffic and Site Distance Safety Study developed by Small Arrow Engineering, LLC (SAE), and provided to the City Council at the December 20, 2011 City Council Meeting has been reviewed by Engineering Division staff. The study provides a report of existing site conditions and calculated impacts of the proposed development, and includes recommendations of improvements on Martin Luther King Boulevard to accommodate the proposed development. Upon review, staff notes the following: 1) No traffic counts were taken as part of the study; rather, traffic was observed during a two-hour period (4:30 to 6:30 pm) on a Friday afternoon. This observation does not provide a true and complete picture of traffic conditions in the area, specifically relative to traffic commuting to and from the University of Arkansas for classes, and the traffic related to the nearby Fayetteville High School, since traffic was observed only during the afternoon hours, after most classes have dismissed. 2) No stacking/queuing analysis or existing level of service was provided; therefore, the stated observed queue lengths provide only a snapshot of traffic operations and, again, do not provide a true picture of queues experienced during an average day. 3) The study notes an observed traffic split of 60 percent eastbound to 40 percent westbound. Again, this observation is during a limited time frame, and there is not enough data to assess its validity. 4) No crash data was provided in the study. 5) The study agrees with staff assertions that vehicles using the proposed driveway could conflict with east bound traffic turning left at Hill Avenue. 6) Improvements to Martin Luther King Blvd. recommended by the study include: a, Upgrade of the traffic signal to provide protected left turns from Martin Luther King Boulevard in both directions. b. Modification of the center lane striping between Hill Avenue and the proposed driveway entrance, or alternatively installing mountable medians to reduce the potential for conflicts between left turn movements on the proposed driveway and on existing Hill Avenue. THE CITY OF FAYETTEVILLE, ARKANSA In summary, the study provided by SAE is too limited in nature to fully assess the existing traffic conditions, and does not include the type of data normally provided in a traffic study. Data such as hourly traffic counts for a period of at least 24 hours, 15 minute counts during the AM and PM peak hours, turning movement counts, observation of queue lengths during the AM and PM peaks, and crash statistics must be collected in order to fully analyze existing levels of service, delay times, stacking lengths, and other intersection conditions, and to accurately predict the effects of the proposed development on traffic in the area. Having said that, the observed traffic conditions reported in the study are similar to video evidence provided by staff at the December 20, 2011 City Council Meeting, in that eastbound traffic was observed stacking from the Hill Avenue signal all the way to the proposed driveway. The study also recognizes the potential for westbound vehicles turning left into the proposed driveway to conflict with the eastbound left movement at Hill Avenue. It should be noted that the opinions of staff and of the Engineer preparing the study are similar, and are both based on observations of traffic operations at the site. The field of Traffic Engineering certainly has its share of data collection, calculations, and analysis, but the tenets of Traffic Engineering are based on empirical evidence and study of driver behaviors. Therefore, observation of traffic is an important part of a traffic analysis project, and should not be discounted or ignored as evidence. Analysis of Crash Data Staff presented a statistic regarding crashes at driveways at the City Council Meeting on December 20`h. This statistic, that approximately 50% of crashes at driveways are due to left turns into the driveway, is certainly general in nature. However, a review of various studies dealing with the effect of driveways on traffic accidents can produce similar statistics, all indicating that driveways and associated turning movements have an effect on crash rates. It goes without saying that allowing a left turn into the Kum and Go from MLK Blvd. will cause more crashes than are currently occurring in the vicinity of the driveway, as crash rates are proven to increase as turning movements do so. To provide more specific data, staff requested crash data from the Arkansas Highway and Transportation Department for MLK Blvd., % mile either side of its intersection with Hill Avenue, and also `/ mile either side of the Razorback Road intersection. Further analysis of the data is needed to say with certainty what effect the number of driveways and turning movements had on the relative crash rates, but the data clearly shows the much higher incidence of crash rates on the segment around Razorback Road, which is more highly developed and has businesses that generate higher turning volumes than the segment around Hill Avenue. The rate of crashes near Razorback Road (8.28 crashes per million vehicle miles (mvm)) is more than double the rate near Hill Avenue (3.94 crashes/mvm). Summaries of the data and an aerial photo of the two areas are attached. Furthermore, a comparison of crashes east and west of Razorback Road shows 80 crashes to the west, and 44 to the east of the intersection (with 12 in the intersection itself). As the aerial photo of this location depicts, there are more than twice the number of driveways west of the intersection; this area was developed prior to current access management policies. Again, additional analysis beyond the scope of this review is needed to fully discern the reasons for this, but it cannot be disputed that the relative number of crashes east and west of the intersection is roughly proportional to the corresponding number of driveways. Recommendation Because of the potential conflict between vehicles making left turns at Hill Avenue and the proposed driveway, staff recommends that the City Council uphold the Planning Commission's decision to allow a curb cut on Martin Luther King Boulevard with right -in right -out access only. THE CITY OF FAYETTEVILLE, ARKANSA If the City Council disagrees with the staff recommendation and the Planning Commission's decision and wishes to permit left turns into the driveway, staff recommends that this approval be contingent upon the construction of a median similar to the attached drawing labeled "Median Concept", and as suggested in the applicant's Vehicular Traffic and Site Distance Safety Study. This median, as is the case with any construction within the Highway right of way, would require a permit from the AHTD. Summary of Crash Analysis Highway 180, Section 0 Log Mile .50 —1.0 Fayetteville, Hwy 180 and Hwy 112 Area Washington County A crash analysis showed that 136 crashes occurred on Highway 180, Section 0 fiom log mile .50 to log mile 1.00 in Fayetteville for the period January 1, 2008 through December 31, 2010. Further information is shown below. Crash Severity: 38 nonfatal injury crashes that include: 1 serious injury crash 10 moderate injury crashes 27 possible injury crashes 98 property damage only crashes Crash Type: Road Surface Condition: Angle Crashes 59 Dry 113 Rear End Crashes 55 Wet 22 Sideswipe Crashes 16 Ice 1 Single Vehicle Crashes 5 Backing Crashes 1 Three Year Average Crash Rate for Study Area: 8.28 crashes per million vehicle miles traveled. *Statewide 2 -year average crash rate is 4.97 crashes per million vehicle miles for an urban, 4 -lane undivided, no control of access highway. Factors Used to Calculate Crash Rate for Study Area: Avg. AADT 30000 Length .50 mile Three Year Average crashes 45.33 *2010 Crash Rates are not yet available so only 2008 and 2009 was used. 12/29/2011 P&R:TSS/TE BEECHWOOD AVE, 1.t r V _ :RAZORDACK. PD. m • " i " r'n' -1 t r k'" ' >` tirAtila ems}vym Vag iirWit4: igi y „ow, Summary of Crash Analysis Highway 180, Section 0 Log Mile 1.10 —1.60 Fayetteville, Hwy 180 and Hill Road Area Washington County A crash analysis showed that 55 crashes occurred on Highway 180, Section 0 from log mile 1.10 to log mile 1.60 in Fayetteville for the period January 1, 2008 through December 31, 2010. Further information is shown below. Crash Severity: 12 nonfatal injury crashes that include: 1 serious injury crash 1 moderate injury crashes 10 possible injury crashes 43 property damage only crashes Crash Type: Road Surface Condition: Angle Crashes 26 Dry 49 Rear End Crashes 18 Wet 4 Single Vehicle Crashes 6 Ice 2 Sideswipe Crashes 4 Backing Crashes 1 Three Year Average Crash Rate for Study Area: 3.94 crashes per million vehicle miles traveled. *Statewide 2 -year average crash rate is 4.97 crashes per million vehicle miles for an urban, 4 -lane undivided, no control of access highway. Factors Used to Calculate Crash Rate for Study Area: Avg. AADT 25500 Length .50 mile Three Year Average crashes 18.33 *2010 Crash Rates are not yet available so only 2008 and 2009 was used. 12/29/2011 P&R:TS S/TE rw L. ..tin .11.11///0. J Nd1d ilIS P.riAor Aaladvly o1 Frew ,, +}wen Hrygp N01116 -48"E 74,310' A r Hpr 2 STORE# 26728 - FAYETTEVILLE, AR SIT UE PLAN F GUMS GO REQUEST] HU 8 ZH � KUM & GO, L.C, 6400 Westown Parkway, .r�a�sasal2d West Des Moines. Iowa 50266,, ENGINEERING ASSOCIATES INC •: ... / /r .n. .r�nii'rrw Page 1 of 1 City Clerk - Kum & Go, 413 (CEI Project # 26728.0) From: <MClotfelter@ceieng.com> To: <city_clerk@ci.fayetteville.ar.us> Date: 12/30/2011 3:11 PM Subject: Kum & Go, 413 (CEI Project # 26728.0) CC: <ERushing@ceieng.com> CEI respectfully request that the referenced item for City Council Meeting scheduled for Tuesday, January 3, 2012 be tabled for two weeks. Our client, Kum & Go, L.C., is currently working to resolve issues with the Arkansas State Highway and Transportation Department. If you have any questions or need any additional information, please feel free to contact me at your convenience. Thank you, Mike Clotfelter Project Designer CEI 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 Phone: 479-273-9472 "We will continually set the national standard for land development services, and we are committed to the growth and success of each other." CEIENG.COM Arkansas 1 California 1 Georgia 1 Louisiana 1 Minnesota 1 Pennsylvania 1 Texas This message could contain confidential information. Unless you are the addressee (or authorized to receive for the addressee), you may not copy, use, or distribute this information. If you have received this message in error, please advise Mike Clotfelter immediately at 1-479-273-9472 or retum it promptly by mail. file:///C:/Users/ssmith/AppData/Local/Temp/XPgrpwise/4EFDD4B6FAYETTEVILLECI... 12/30/2011 1MTville Departmental Correspondence ARKANSAS www.accessfayetteville.org LEGAL DEPARTMENT TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer FROM: Kit Williams, City Attorney DATE: December 27, 2011 Kit Williams City Attorney Jason B. Kelley Assistant City Attorney RE: Kum & Go Appeal Potential costs to taxpayers if left turn in access is denied MOTION TO TABLE When Alderman Ferrell asked if denying the left turn in from Martin Luther King Boulevard was a "deal killer" and Kum & Go's representative said "Yes," I became concerned that the City Council's decision could have costly implications for our taxpayers. This concern was reinforced when the property owner came forward to explain the difficulties in selling this large parcel with 360 feet of street frontage on Martin Luther King Boulevard without at least a full right and left in curb cut on MLK. What concerned me were clear holdings by the Arkansas Supreme Court that a city may not take away a property owner's access easement to an abutting street without the payment of just compensation. "Under our decisions, the owner of property abutting upon a street or highway has an easement in such street or highway for the purpose of ingress and egress which attaches to his property and in which he has a right of property as fully as in the lot itself; and any subsequent act, by which that easement is substantially impaired for the benefit of the public, is a damage to the lot itself within the meaning of the constitutional provision for which the owner is entitled to compensation." Campbell v. Arkansas State Highway Commission, 183 Ark. 780, 38 S.W. 2d 753, 753-754 (1931). (emphasis added). Four decades later, the Arkansas Supreme Court reaffirmed this access easement right as a property right for a lot abutting a street. "The owner of property abutting upon a street has an easement in such street for the purpose of ingress and egress which attaches to his property and in which he has a right of property as fully as in the lot itself. Flake v. Thompson, 249 Ark. 713, 460 S.W. 2d 789, 795 (1970). In that case, the City of Little Rock had passed an ordinance that would have denied access to University Avenue to the property owner and argued that it could do so because the property owner had access to another (lower level) city street. The Arkansas Supreme Court held "that the ordinance constituted an unwarranted invasion of private rights and was discriminatory and oppressive, and thus it is unreasonable and arbitrary." Id. at 796 "The property right of ingress and egress of appellants in the easement was one that could not be taken from them by the city, at least without the payment of just compensation." Id. (emphasis added). If denying Kum & Go's requested left turn in access from MLK would kill this $3.5 million project and leave the property owner with several acres of prime commercial land which cannot be reasonably sold, this "taking" by the City could be very expensive for our taxpayers. That concern prompted me to ask the City Council to table this appeal not only so our Engineering Department could analyze the rather "thin" traffic study presented by Kum & Go, but so I could properly advise you on the legal and possible financial ramifications of your decision on the appeal. BACKGROUND OF KUM & GO'S REQUESTED LEFT TURN IN Kum & Go had to be granted a variance for access onto Martin Luther King Boulevard because its driveway could not be at least 250 feet from both Royal Oak and Hill Avenue. The driveway's proposed location on Site Plan F (which Kum & Go is requesting you to approve) is 272 feet from Hill Avenue but only 91 feet from Royal Oak. I believe that legally we must allow Kum & Go some access onto Martin Luther King Boulevard along its 389 foot frontage. Both the Planning Department and Planning Commission agree that a driveway should be allowed. The only issue is its precise location and the possible limitation of such access. 2 The Access Management section of the Unified Development Code specifies when a curb cut can be limited so as not to provide both left and right turns into and out of the property. "If a parcel on the corner of an arterial or collector street (like this parcel) provides such a short frontage along a major street that there is no safe ingress/egress functional location on that street, the (City) may deny the curb cut or may limit such curb cut to ingress or egress only." §166.08 (F)(1)(e). (emphasis added) The 389 foot street frontage on MLK is certainly not "short". It appears much longer than the gas station/convenience store frontage at MLK and Razorback which has unlimited curb cuts on both of these major roads and much more center lane car stacking on MLK to turn left onto Razorback than the Hill Avenue intersection. The same is true for the new fast food restaurant on the southeast corner of MLK and Razorback. The City should present clear scientifically established safety dangers of allowing a left turn in from MLK at this location before restricting this normal property right which is being allowed to competitors and will likely cause the loss of this land sale to the property owners and the applicant's multimillion dollar investment in our City. All are in agreement that there is a safe right turn in and out functional location in the approximate location shown by Site Plan F. The issue is whether a left turn into the property at this location over 90 yards from the Hill Avenue intersection is so dangerous that the City can deny this normal property right of the owner. Even if such left turn in access can be legally denied, the Arkansas Supreme Court holdings would probably require just compensation for this taking. The City could present several types of evidence to factually support its contention that this left turn in access would be too dangerous to allow. City Staff could present evidence of sight distance problems with the proposed location. Staff could present a traffic study demonstrating certain traffic movements at this location (such as left turns in) are so unreasonably dangerous that such access should be denied. This has yet to be presented. The 20-30 second video (that does not even include a complete traffic signal rotation and with no scientific evidence that the traffic shown is the normal volume, direction and speed for that intersection) provides virtually no evidence for the City Council to determine the safety or danger level of the proposed left turn in from MLK. It is less than 4 hundredths of one percent of one day's traffic history of that intersection. This is not good evidence of what occurs during the remaining 99.96% of the day at that intersection. General statistics that left turns on major roads cause the most accidents are probably too general to justify a decision to deny a left turn at this location. If there was no center turn lane, there would be increased danger of rear -end accidents. All of us know the caution we must use when driving in the left lane on North College Avenue 3 between North Street and Maple Avenue to avoid being stopped behind a driver turning left onto Trenton or Prospect or into one of the numerous businesses (including a coffee shop, restaurant and liquor store) along that stretch of four lane (no center turn lane), high volume, 35 m.p.h. street. The same is true on Highway 71B from Martin Luther King to Dickson Street. Fortunately, in the case of Kum & Go on Martin Luther King, there is a center turn lane on Martin Luther King with enough room to "stack" several cars. This is a far safer situation than AutoZone, IGA and many other businesses including service stations on the newly reconfigured and reconstructed portion of North College from Rock Street to Maple which allow full access curb cuts closer to major intersections. Please keep in mind that our Access Management Ordinance states: "Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from an intersection or driveway." I presume that a 250 foot requirement from an intersection was to ensure safety and lack of conflict with such intersection. Kum & Go's Site Plan F satisfies that safety requirement for the intersection with Hill Avenue. Thus, the City's reliance upon possible safety concerns because of the Hill Avenue intersection are substantially weakened because this driveway meets the separation requirements of the Access Management Ordinance. Kum & Go's proposed driveway does not meet the separation requirement with Royal Oak because it is only 30 yards away. This is where the variance requested by Kum & Go can best be scrutinized for safety issues. Since Royal Oak would be used almost exclusively by residents of this apartment complex, it would be a low volume exit. I doubt if its actual traffic has been counted. This is much less of a safety issue than numerous other curb cuts permitted elsewhere on MLK, Archibald Yell and College Avenue (even on the City rebuilt section of College Avenue). An equal protection of the laws argument concerns me with this case. REQUIRING FULL DRIVEWAY ACCESS FROM AND ONTO THE ONE LANE — ONE WAY ROYAL OAK Kum & Go's proposed gas station/convenience store has two separate access points on MLK and Hill Avenue. To require it to connect to a one lane, one way Royal Oak so that residents do not have to either go to Hill Avenue or turn right onto MLK seems like an over -reach and a potential violation of Constitutional protections given developers. The City can require exactions (more normally known as "costs") of a developer in rough proportion to the impact the developer is causing to City infrastructure (like streets). Thus, the cost to pay for the erection of a new traffic signal as suggested by its own traffic engineer to reduce any stacking issues could be a reasonably proportionate exaction (or cost) required from Kum & Go for this project's impact on City streets. 4 Likewise requiring a developer of a large corner lot to have curb cuts on both MLK and Hill for both its customers' convenience and safety and for fire access would likely be within a city's power. However, requiring a third access onto and from a one lane, one way street that functions as an apartment complex driveway is much more difficult to justify. This is especially true because this additional driveway would not only be very expensive (hundreds of thousands of dollars) and use significant portions of the developer's land, it would also force the movement of the curb cut on MLK into the 250 foot "danger zone" from the intersection with Hill Avenue (a real city street). What small amount of traffic (only from the apartments) might use this driveway would cause conflicts with traffic entering from MLK and could encourage illegal cut through traffic if Royal Oak was ever backed up waiting to enter MLK. The City already approved Royal Oak's right turn onto MLK as safe enough to build this "city street". Certainly a right turn into Kum & Go off MLK is also safe and is recommended by Planning and Engineering as safe. So this very expensive driveway from the one lane Royal Oak is being required to replace two "safe" right turns for a very limited number of drivers. I fear this requirement exceeds the proportionate impact of this development, and thus the City may lack the constitutional power to require this questionable and very expensive third access from and onto the one way, one lane Royal Oak. In addition, all this extra pavement for the driveway seems to run counter to the City Council's express policy supporting low impact development. The sidewalk alternative proposed by Kum & Go is also more compatible with the City Council's adopted policy to move toward a less car dominated, more pedestrian and walkable environment. CONCLUSION "We have held that the owner of property abutting upon a street has an easement in such street for the purpose of ingress and egress which attaches to his property and in which he has a right of property as fully as in the lot itself. Flake v. Thompson, Inc., 249 Ark. 713, 460 S.W. 2d 789 (1970). We have also noted that this property right is not diminished merely because the property owner has alternative means of ingress and egress. Wright v. City of Monticello, 345 Ark. 420, 47 S.W. 3d 851, 857 (2001). (emphasis added). Even if we have well proven public safety concerns, "(t)he property right of ingress and egress ... could not be taken from them by the city, at least without the payment of just compensation". Flake v. Thompson, supra (emphasis added). I appreciate Kum & Go's proposed compromise not to insist on a left out onto MLK 5 Boulevard because of concerns for the safety of its customers and the proximity of the traffic signal on Hill Avenue. Accepting such a compromise (Kum & Go originally sought a full access including left out onto MLK) would allow this project to be built and prevent a probably successful inverse condemnation case against the City. In the late 80's and early 90's, the Fayetteville Board of Directors committed illegal exactions (sometimes after being warned) which they justified as "doing the right thing." These decisions cost our taxpayers several million dollars paid to attorneys who sued us successfully arguing that following the Constitution and state law was actually "doing the right thing." I was on the City Council who had to clean up those messes and authorize the multimillion dollar payments ordered by the Courts for those attorneys. When I became Fayetteville City Attorney in 2001, I made a commitment to myself to do my best to avoid those multimillion dollar mistakes. Because the City Council has heeded my occasional warnings, our taxpayers have not had to pay these exorbitant attorney fees for over a decade. I ask you once again to carefully consider the law that gives property owners access rights to City streets and be aware that, if you deny an access right in this case, the result could be writing a fairly large check on our taxpayers' account. 6 TITLE XV UNIFIED DEVELOPMENT CODE shared between two or more lots. Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from an intersection or driveway. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-500 ft. 1 501-1000 ft. 2 1001-1500 ft 3 More than 1500 ft. 4 (b) Collector Streets. Curb cuts shall be located a minimum of 100 feet from an intersection or driveway. When necessary, curb cuts along collector streets shall be shared between two or more lots Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-100 ft. 1 101-250 ft. 2 251-500 ft. 3 More than 500 ft. 4 (c) Local and Residential Streets. Curb cuts shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within the radius return of an adjacent curb cut or intersection. Curb cuts shall be a minimum of fifteen (15') feet from the adjoining property line, unless shared. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-50 ft. 1 51-125 ft. 2 126-250 ft. 3 More than 250 ft 4 (d) Residential Subdivisions In the case of residential subdivisions, curb cuts shall be discouraged along arterial and collector streets. When necessary, curb cuts along arterial and collector streets shall be shared between two or more lots. Curb cuts along all streets shall be located a minimum of five feet (5') from the adjoining property line, unless shared. (e) Variance In order to protect the ingress and egress access rights to a street of an abutting property owner, a variance to the curb cut minimums shall be granted by the Planning Commission to allow an ingress/egress curb cut at the safest functional location along the property. Such a curb cut may be required to be shared with an adjoining parcel if feasible. If a parcel on the corner of an arterial or collector street provides such short frontage along a major street that there is no safe ingress/egress functional location on that street, the Planning Commission may deny the curb cut or may limit such curb cut to ingress or egress only (2) Speed. All streets should be designed to discourage excessive speeds (G) Non -conforming Access Features (1) Existing Permitted access connections in place on the date of the adoption of this ordinance that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with the applicable standards under the following conditions: (a) When new access connection permits are requested; (b) Upon expansion or improvements greater than 50% of the assessed property value or gross floor area or volume; (c) As roadway improvements allow. (H) Easements Utility and drainage easements shall be located along lot lines and/or street right-of- way where necessary to provide for utility lines and drainage The Planning Commission may require larger easements for major utility lines, unusual terrain or drainage problems. (1) CD166:35 Residential lots. The use and design of lots shall conform to the provisions of zoning where City zoning is in effect When no City zoning applies, the following standards shall govern unless in conflict with more stringent city, county or state regulations: (1) Bulk and area regulations: Planning Area Lot area minimum 10.000 sq. ft. k � 5 RESOLUTION NO. A RESOLUTION TO GRANT THE APPEAL OF KUM & GO, L.C. AND TO AMEND AND APPROVE ITS LARGE SCALE DEVELOPMENT TO AGREE WITH THE PLAT SUBMITTED WITH ITS APPEAL LETTER 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 Kum & Go, L.C. from some of the terms or conditions imposed by the Planning Commission, but adds the condition that Kum & Go, Inc. must construct and pay for a median in Martin Luther King, Jr, Boulevard as shown in Site Plan F "Median Concept", and amends and approves the Large Scale Development plat to conform with the plat submitted by Kum & Go, L.C. as Site Plan F as further amended as shown by the site Plan F with "Median Concept" in red (both attached to this Resolution) regarding its driveway access onto and from Martin Luther King, Jr. Boulevard and changing the access from Royal Oak from vehicular to pedestrian. All other terms and conditions approved by the Planning Commission when approving LSD 11-3966 (Kum & Go at Martin Luther King and Hill Avenue) shall remain in full force and effect. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby grants Kum & Go, L.C. the right to bring this LSD 11-3966 back to the City Council by giving written notice to the City Clerk within 10 days of its receipt of a decision by the Arkansas Highway and Transportation Department to deny construction of the median for further consideration by the City Council. PASSED and APPROVED this 17"' day of January, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. A RESOLUTION TO GRANT THE APPEAL OF KUM & GO, L.C. AND TO AMEND AND APPROVE ITS LARGE SCALE DEVELOPMENT TO MATCH THE PLAT SUBMITTED WITH ITS APPEAL LETTER / BE IT RESOLVE BY THE CITY COUNCIL OF THE/CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkan,s hereby grants the appeal of Kum & Go, L.C. from `dome of the terms or conditions in used by the Planning Commission and amends and approves the Large Scale Development tat to conform with the plat submitted by Kum & Go, L.C. as Site Plan F (attached to tl Resolution) regarding its driveway access onto and from Martin Luther King, Jr. Boulevar and changing the access from Royal Oak from vehicular to pedestrian. All other terms d conditions approved by the Planning Commission when approving LSp 11-3966 (Kum o at Martin Luther King and Hill Avenue) shall remain in full force and effect. PASSED and APPROVED this 3d day.of�January, 2012. APPROVED: By: ___ LIONELD JORDAN. Mayor F: ATTEST: SONDRA..,E. SMITH, City Clerk/Treasurer m , nnn oru..c :. ,m.e., LIST MC m. arc 1tGnve P $ QV.>a.W..,..V,.SV+. I n,-II-II?01 L. 0.1 •'r_'•- •�'.�a /] �Prl.vfa Pr'f 7rvc! f _r• � - •.�,� .� .,..� _..__-.s.,.:N�1�f64B"E- X743.70'_".-,i•'r::':- !� c.'�� �' :! fr; "�• rim.. T r �.; �• .� ' 5 11rt -c- -i ''('-.'5' t 'f'+r'i+ ILJJ �I r l it l r s ! I I '� � I♦ I i I: i i ti ..� ca i I iFu II .-•- I I N+ i ' `; ��6f t;; 5 :1 ii: L1 I /I ... J II p ❑� � iF� II Ind c na.r ; ' 3 p 111 y 1! J I ... J'i'f I !l i I I IUiOi I I �(Y in m m � z D m Z ~• ENGINEERING i.ASSOCWTES, INC -Ti LIm q- STARE# 26725 FAYETTEUILLE, AR KUM & GO, L.C. rMEWM&G0REQUES� w Wesiawn Pafk ay, axerszumrs `: , • s Hsi West Des Moines, Iowa 50268 f X202 ssm _ ayL'ttM1e NSAS CITY COUNCIL AGENDA MEMO THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Q\ From: Andrew Garner, Senior Planner Date: November 30, 2011 Subject: LSD 11-3966 (Kum and Go at Martin Luther King and Hill Avenue) RECOMMENDATION On November 14, 2011 The Planning Commission voted 8-1-0 to approve the subject large scale development for a new Kum and Go gas station at the southwest corner of Martin Luther King Boulevard and Hill Avenue (Commissioners Winston voted "no"). The Planning Commission approved the development including a variance to allow a curb cut onto Martin Luther King Boulevard, a Principal Arterial, when the code does not allow a curb cut, and requiring a connection to the adjacent street to the west, Royal Oak Parkway. The applicant has appealed the decision to allow a right -in, right -out only cut and requiring the connection to Royal Oak Parkway (conditions of approval #'s 1 and 2) to the City Council. The applicant proposes a full access in, right -out only curb cut onto Martin Luther King, and does not wish to provide a connection to Royal Oak Parkway. Staff recommends in favor of the Planning Commission's decision.As discussed in the attached staff report and as discussed at the Planning Commission meeting (minutes attached), both staff and the Planning Commission found that a full access in driveway onto Martin Luther King Boulevard would result in a traffic safety hazard, and that the connection to Royal Oak Parkway is in line with the City's policies and ordinances for connectivity and cross access. ` BACKGROUND The subject property is located at the southwest corner of Martin Luther King Boulevard (Hwy 62) and Hill Avenue. The property is a disturbed and undeveloped site with 21.2% tree canopy. Adjacent land uses include the Hill Place multi -family complex to the west and south, Brenda's Burgers and the Coors Plant to the east, and a duplex and undeveloped land to the north across Martin Luther King Boulevard. This site is adjacent to the signalized intersection of Martin Luther King (Hwy 62), a principal arterial street; Hill Avenue, a collector street, and Royal Oak Parkway, a local street. Royal Oak Parkway is a divided road adjacent to the site with the median under private ownership and not within the City right-of-way. �c~r- No14x'48"E 458e743W W II_tiit1 ' I pl '•Yl 3„8 g,. ION- (+•. I vo att THE CITY OF FAYETTEVILLE, ARKANSAS DISCUSSION The adjacent property owner to the west and south, Hill Place, has stated in person and in writing that they do not recommend a curb cut for the gas station onto Royal Oak Parkway citing conflicts with the residents of their property. They do request a sidewalk connection from the gas station to Royal Oak Parkway. BUDGET IMPACT None. Area of vehicular conflict approximately 150' transition left turn into gas station Wit" Jk i\ Il00' i)reai its turn lane for left turnai EliTTt7e vi E rzTI — L•:r` .•4• 7 •• 5 rte!--• 1 �..r•. II . ..iJ Y� mitt TFI,SI w~' Ljf ak .C x^. a •�rs.,r �. '1"fVA'i 1/ F: -1U4 4 F. -F F'. V F--ATil1. t1::FMA', N H: -Ti �1. .%- Y: Lf.'Ft. V HFA7]F �Jt r F.vF 24 11O,O11 C 1 Curb Cut Distances _ 9, _ yam. f L.. � 1 ~I I k \I � L _ 1t —I—, / C —+� r L —^_.mow _ � � •-q� dr _ -s -__:_ tTh1 r 5� r , I I FAYETTEVILLE UNIFIED DEVELOPMENT CODE 166.08 Street Design And Access Management Standards (F) Access Management. Safe and adequate vehicular, bicycle, and pedestrian access shall be provided to all parcels. Local streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification, ex. Local and Collector. (1) Curb cut minimum distance from intersection or driveway. For purposes of determining curb cut or street access separation, the separation distance shall be measured along the curb line from the edge of curb cut to the edge of curb cut/intersection. The measurement begins at the point where the curb cut and intersecting street create a right angle, i.e., the intersection of lines drawn from the face -of -curb to face -of -curb. The measurement ends at the point along the street where the closest curb cut or street intersection occurs; again, measured to the point where the curb cut or intersecting streets create a right angle at the intersection of face -of -curb. (a) Principal and Minor Arterial Streets. Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. When necessary, curb cuts along arterial streets shall be shared between two or more lots. Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from an intersection or driveway. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-500 ft. 1 501-1000 ft. 2 1001-1500 ft. 3 More than 1500 ft. 4 (b) Collector Streets. Curb cuts shall be located a minimum of 100 feet from an intersection or driveway. When necessary, curb cuts along collector streets shall be shared between two or more lots. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-100 ft. 1 101-250 ft. 2 251-500 ft. 3 More than 500 ft. 4 (c) Local and Residential Streets. Curb cuts shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within the radius return of an adjacent curb cut or intersection. Curb cuts shall be a minimum of fifteen (15') feet from the adjoining property line, unless shared. Number of Curb Cuts Permitted Length of Street Frontage Maximum Number of Curb Cuts 0-50 ft. 1 51-125 ft. 2 126-250 ft. 3 More than 250 ft. 4 G: IETCIDevelopment Services Review120111Development Reviewlll-3966 LSD SW Corner of MLK & Hill (Kenn & Go)102 Subdivision Committee111-03-III Comments and Redlines (d) Residential Subdivisions. In the case of residential subdivisions, curb cuts shall be discouraged along arterial and collector streets. When necessary, curb cuts along arterial and collector streets shall be shared between two or more lots. Curb cuts along all streets shall be located a minimum of five feet (5') from the adjoining property line, unless shared. (e) Variance. In order to protect the ingress and egress access rights to a street of an abutting property owner, a variance to the curb cut minimums shall be granted by the Planning Commission to allow an ingress/egress curb cut at the safest functional location along the property. Such a curb cut may be required to be shared with an adjoining parcel if feasible. If a parcel on the corner of an arterial or collector street provides such short frontage along a major street that there is no safe ingress/egress functional location on that street, the Planning Commission may deny the curb cut or may limit such curb cut to ingress or egress only. 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (2) Conditions and safeguards. In granting variances, the Planning Commission may prescribe appropriate conditions and safeguards to secure substantially the objectives of the standards or requirements so varied. G: IETCIDevelopmenl Services Review120111Development Reviewl 11-3966 LSD SW Conner of MLK & Hill (Kum & Gof 02 Subdivision Commilleelll-03-111Commenis and Redlines Planning Commission November 14, 2011 Page 6 of 10 LSD 11-3966: Large Scale Development (SOUTHWEST CORNER MLK BLVD. & HILL AVE./KUM AND GO, 522): Submitted by CEI ENGINEERING. for property located at the SOUTHWEST CORNER OF MARTIN LUTHER KING BOULEVARD AND HILL AVENUE. The property is zoned C -1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The request is for the development of a gas station with sixteen fuel pumps. Andrew Garner, Senior Planner, gave the staff report including videos and a diagram of traffic flow patterns and staff's concerns with left turn movements into the proposed gas station. Erin Rushing, applicant, discussed access to Royal Oak Parkway and the background behind the current site plan. He discussed that the drive could be shifted further to the west to provide some additional distance away from the intersection. Public Comment: Aubrey Shepherd, discussed that this site has the only remaining trees left from this overall site. He hopes some of the existing soil will remain and that they will plan some steps to store water on the site. He expressed concern with construction traffic of this project combined with the development of the Washington County sale barn site. He discussed that if you are coming west from downtown it is very difficult to turn left onto Hill Avenue. No more public comment was presented. Commissioner Chesser asked about the left turn on Hill. Garner discussed that the recommended condition of approval for dedicated left turn signals to be added to the existing signal should address that issue. Commissioner Chesser discussed support for the recommendation for right -in, right -out only. Commissioner Hoskins asked about the turn into the site off of Royal Oak. He discussed concerns with traffic patterns as shown on the video and also agreed with the right -in, right -out only and that full access has lots of issues. Commissioner Griffin gave background for the second Subdivision Committee recommendation to remove the access on Royal Oak Parkway, including concerns with the median cut and vehicles stacking. Commissioner Earnest discussed the first Subdivision Committee recommendation to include access on Royal Oak Parkway. He discussed moving the drive on Royal Oak further to the south but there are issues with grade and trees in that area of the site. He stated that we have an excellent access management ordinance that states that where a site has access to lesser classification streets curb cuts shall access those streets. This site has access to the two side streets and connectivity can be secured. Commissioner Winston asked about access to the site for gas tanker trucks. Rob Wadley, Kum and Go, discussed gas truck access into the site and the various options and grades for the different driveways. He discussed that the median in Royal Oak Parkway is privately owned and that the owner is not willing to allow a median cut. They are fine to push the driveway on MLK closer to Royal Oak Parkway if needed. They do need a three-quarter access for fuel trucks and food trucks. Planning Commission November 14, 2011 Page 7 of I 0 Commissioner Winston discussed that he does not see a way to support a full access in for traffic safety reasons. Commissioner Chesser discussed delivery trucks accessing the site. He sees a major safety concern. Commissioner Honchell discussed that placement on the hill is a problem. As a planning commissioner safety is one of the things he has to look at. He expressed support for a right -in, right -out only driveway. He asked if an 8- 10% slope on a driveway onto Royal Oak Parkway is functional. He also asked about making Royal Oak Parkway a left out. Glenn Newman, staff engineer, discussed that yes 8-10% would be functional. He discussed that it may be possible to change Royal Oak Parkway to allow a left out, but that he was not sure of the reasons why it was made a right out only and would need to evaluate it. He discussed that we would like to encourage more use on Hill versus Royal Oak because Hill is signalized. Commissioner Honchell asked about the time of delivery. Rob Wadley, Kum and Go, discussed that they do not like to deliver during busy times. Commissioner Winston asked about Aubrey Shepherd's question about the Campus Crest project on the Washington County Sale Barn site. Garner stated that a development plan is currently under review but we're not sure when or if it will be built. Erin Rushing, applicant, asked the commission if pedestrian access to Royal Oak Parkway were required would steps be allowed because there is a 10 -foot retaining wall. Commissioner Hoskins asked if the grades of the site could be changed to alter the slopes. Newman answered `yes'. Commissioner Hoskins asked about a driveway connection being proposed between the two ponds. Newman discussed it was not feasible as the grading plan is currently proposed. Commissioner Chesser asked about stacking onto Hill Avenue. Garner discussed stacking onto Hill Avenue and that it was a concern, but that the curb cut meets the minimum. Motion #1: Commissioner Winston made a motion to approve LSD 11-3966: Condition of approval #1: finding in favor of the variance for the curb cut on Martin Luther King Boulevard as recommended by staff with a right -in, right -out only access. Condition of approval #2.a: finding in favor of requiring sidewalk access from Royal Oak Parkway to the gas station, and that steps are acceptable as part of the sidewalk connection. Condition of approval #2.b: finding that vehicular access from Royal Oak Parkway to the gas station is not Planning Commission November 14, 2011 Page 8 of 10 required. Finding in favor of all other conditions of approval as recommended by staff in the report. Commissioner Griffin seconded the motion. Upon roll call the motion failed with a vote of 4-5-0 (Commissioners Chesser, Honchell, Hoskins, Earnest, and Cabe voting `no'). Motion #2: Commissioner Chesser made a motion to approve LSD 11-3966, finding in favor of all conditions of approval and recommendations made by staff in the staff report including the following: Condition of approval #1: fmding in favor of the variance for the curb cut on Martin Luther King Boulevard as recommended by staff with a right -in, right -out only access. Condition of approval #2.a: finding in favor of requiring sidewalk access from Royal Oak Parkway to the gas station. Condition of approval #2.b: finding in favor of requiring vehicular access from Royal Oak Parkway to the gas station. Finding in favor of all other conditions of approval and variances as recommended by staff in the report. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 (Commissioner Winston voting `no'). Tayv�cetLevIl,,le., THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: November 1 201-1- Updated November 15, 2011 PC Meeting of November 14, 2011 LSD 11-3966: Large Scale Development (SOUTHWEST CORNER MLK BLVD. & HILL AVE./KUM AND GO, 522): Submitted by CEI, INC. for property located at the SOUTHWEST CORNER OF MARTIN LUTHER KING BOULEVARD AND HILL AVENUE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.46 acres. The request is for the development of a gas station with sixteen fuel pumps. Planner: Andrew Garner Findings: Property and background: The subject property is located at the southwest corner of Martin Luther King Boulevard (Hwy 62) and Hill Avenue. The property is a disturbed and undeveloped site with 21.2% tree canopy. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Duplex; Undeveloped C-1, Neighborhood Commercial; RMF-24, Residential Multi -family 24 Units Per Acre East Brenda's Burgers; Coors Plant I-1. Heavy Commercial and Light Industrial West and Multi -family residential (Hill Place R-PZD Hill Place South complex) Request: The applicant requests large scale development approval to construct a gas station with 16 fuel pumps and a 4,958 sq. ft. convenience store. Water and Sewer System: The property has access to existing public water and sewer services. Adjacent streets and right-of-way: This site is adjacent to the signalized intersection of Martin Luther King (Hwy 62), a principal arterial street; Hill Avenue, a collector street, and Royal Oak Parkway, a local street. Adequate right-of-way exists in conformance with the Master Street Plan along Martin Luther King and Royal Oak Parkway. Royal Oak Parkway is a divided road adjacent to the site with the median under private ownership and not within the City right-of- way. Right-of-way dedication in the amount of 35 feet from centerline along Hill Avenue is required. Street Improvements: Staff recommends the following street improvements: new sidewalk on G: IETCIDevelopment Services Reviewl20111Development Review111-3966 LSD SW Corner of MLK & Hill (Kuin & Go)IO2 Subdivision Committeel11-03-111Commenls and Redlines Hill Avenue at the Master Street Plan right-of-way line; street lights at intersections and spaced every 300 feet; any damaged or cracked sidewalk on Martin Luther King and Royal Oak Parkway will need to be replaced prior to final occupancy. Because of the high volume of existing traffic on adjacent roadways combined with increased turning movements anticipated with the proposed gas station, staff recommends a dedicated left -turn signal at the Hill/Martin Luther King intersection. Upgrades to the signal to provide dedicated left turns shall be required of the developer with this project, subject to approval by the Arkansas State Highway Department. Tree Preservation: Existing Canopy: 21.2% *Preserved Canopy: 5.1% Required Canopy: 20% *Mitigation Required: See attached memo from Urban Forester. Access Management/Connectivity: The subject site is bounded by public streets on the north, west and east sides. The north side of the property is adjacent to Martin Luther King (Hwy 62, a principal arterial street), the east side is adjacent to Hill Avenue (a collector street), which is a signalized intersection, and the west side is adjacent to Royal Oak Parkway, which is a local street. The access management ordinance states that access shall be taken from the street with the lower functional classification, in this case Hill Avenue and Royal Oak Parkway. Where a curb cut must access the arterial street, it shall be located a minimum of 250 feet from a driveway or intersection. These standards were adopted so that new access to development would not create or contribute to unsafe or congested conditions, especially along arterial roadways. As new access points are created, the potential for vehicle conflicts between through traffic and traffic using the access increases. In addition to decreased safety, poorly designed access points increase congestion and traffic delays. The applicant proposes a 39 -foot wide full access in, right -out only, driveway on Martin Luther King, a principal arterial. This access requires a variance for the following reasons: • The site has available access on two adjacent lower classification streets. • The proposed curb cut is approximately 119 feet from the intersection of Royal Oak Parkway/Martin Luther King, and 240 feet from the intersection of Martin Luther King/Hill Avenue, when 250 -foot separation is required. At the technical plat review meeting City staff indicated to the applicant that they were not in favor of a full access curb cut onto Martin Luther King due to traffic safety concerns and available access on two adjacent side streets. Staff recommended some options instead a full access curb cut onto Martin Luther King to make the lower classification streets the priority for access consistent with ordinance. The options that were suggested by staff included a full access to Royal Oak Parkway and a right -in only curb cut onto Martin Luther King. Other options included a right -in only access on Martin Luther King and an exit/entrance from the gas station to Royal Oak Parkway. The applicant has provided a letter (attached) that discusses their consideration of various access G: IETCIDevelopment Services Review120111Development Reviewl11-3966 LSD SW Corner ofMLK & Hill (Kuin & Go)102 Subdivision Committeelll-03-1 DComments and Redlines options. The current proposal now includes a full access in and a right -out only curb cut onto Martin Luther King and a full access onto Hill Avenue. The main reasons stated by the applicant for the proposed access onto Martin Luther King include ease of transport truck delivering fuel to the store and concerns with site distance at the intersection of Royal Oak Parkway. Access Management Variance Recommendation: Staff does not support the applicant's variance request finding that the proposed curb cut does not meet the intent of the Access Management ordinance that states: "Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification, ex. Local and Collector. " The applicant has not designed their site with this ordinance in mind. Rather, the applicant has designed the site by placing a higher priority on accessing the Principal Arterial, rather than the adjacent Local Street, Royal Oak Parkway, and the adjacent Collector Street, Hill Avenue. The primary entrance to this development is proposed off of the Principal Arterial. This is in direct conflict with the Access Management ordinance quoted above. The ordinance also states: "Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. " The proposal does not provide connectivity to Royal Oak Parkway, in conflict with the ordinance quoted above. Staff has conducted several site visits to observe traffic flow, site distance, and turning movements in the area. The site has adequate access on two adjacent side streets, including a signalized intersection at Hill Avenue. The proposed full access in and right -out only curb cut on Martin Luther King (MLK) may create a traffic safety hazard due to conflicting turning movements, especially with vehicles turning left into the development conflicting with vehicles turning right out of Royal Oak Parkway, and vehicles traveling at relatively high speed east and west on MLK. There is also a potential danger with westbound vehicles entering the turn lane on MLK to turn left into this development, and eastbound vehicles on MLK entering the turn lane to turn left at the signal on Hill Avenue and potential head-on conflict within the stacking of the intersection. This is depicted on a video clip shown at agenda session and planning commission and indicated on a diagram provided by staff. As observed by staff, vehicles stack in the left eastbound lane on MLK because the right lane is required to turn right at the next intersection. This stacking encourages vehicles to travel down the center turn lane of MLK which will be in direct conflict with vehicles heading westbound and turning left into the gas station. Public Comment: Staff had two phone conversations and received an email from a representative of Hill Place (the adjacent apartment complex to the south). As indicated in the email and as discussed in person at the November 4`h Subdivision Committee meeting, Hill Place does not recommend a curb cut for the gas station onto Royal Oak Parkway citing conflicts with the residents of their property. They do request a sidewalk connection. G: IETCIDevelopmenl Services Review 12011IDevelopment Reviews 11-3966 LSD SW Corner of MLK & Hill (Kwn & Go)102 Subdivision Commilteell1-03-11IComments and Redlines Recommendation: Staff recommends approval of LSD 11-3966 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a variance from Chapter 166.08(F), access management and curb -cut separation. As described above, the applicant proposes a full access in and right -out only curb cut onto Martin Luther King Boulevard 119 feet from the intersection of Royal Oak Parkway/Martin Luther King, and 240 feet from the intersection of Martin Luther King/Hill Avenue. Staff recommends denial of the variance based on the findings discussed earlier in this report. Staff recognizes that Royal Oak Parkway is constrained for full commercial access to this property because of topography and the existing median. This is a somewhat unique situation and staff feels that a secondary point of access to Martin Luther King Boulevard is warranted based on the size of the parcel and length of street frontage(388 feet). However, in staff's observations any proposal with a curb cut that will allow left in or left out turning movements on MLK will create a dangerous traffic condition. Consistent with Chapter 166.08(F), staff recommends that the proposed curb cut be limited to a right -in and right -out only. Should the Planning Commission recommend in favor of the proposed curb cut, the applicant may be required to provide a vehicular traffic safety and site distance study prior to construction permits to verify compliance with basic engineering standards, as determined by City Engineering staff. Additionally, upon construction and prior to occupancy, City staff shall be authorized to require the applicant to make minor changes to this driveway such as signage and painting to make the limited access design as functional as possible. PLANNING COMMISSION DETERMINED IN FAVOR OF A VARIANCE AS RECOMMENDED BY STAFF FOR RIGHT -IN AND RIGHT -OUT ONLY (11-14-11 ). 2. Planning Commission determination to provide access (connectivity) to Royal Oak Parkway. The City's overall policies and ordinances, including UDC Section 166.08 and 166.14(C)(4), encourage connectivity within and between adjacent developments and local roadways. According to the adjacent property owner to the south, Hill Place LLC, there are approximately 840 residents on 27 acres within the Hill Place development. Without access to Royal Oak Parkway, drivers or pedestrians that would like to access the proposed gas station from that development will all be forced to use Hill Avenue and potentially wait in a turn lane for a signalized intersection to turn into the gas station, or turn right onto Martin Luther King Boulevard (a principal arterial roadway and state highway) and travel approximately 100 feet then turn right into the gas station. This will unnecessarily result in more potentially dangerous turning movements onto MLK; increase congestion and decrease road capacity. G: IETCIDevelopment Services Reviewl2011IDevelopmenl Reviewlll-3966 LSD SW Corner of MLK & Hill (Kum & Go)102 Subdivision Commilleell1-03-IIICommenls and Redlines a. Sidewalk connection. Staff recommends that a direct sidewalk connection between Royal Oak Parkway and the gas station be provided, in addition to the sidewalk connection that is already shown from Hill Avenue. This recommendation is based on the volume of pedestrian activity in the vicinity and the proposed convenience store use, in addition to UDC Section 172.04.B. There are 840 University ofArkansas students adjacent to the south in Hill Place. These students are within walking distance of the proposed convenience store that will be selling food and groceries. Hill Place LLC has requested that a sidewalk be provided from Royal Oak Parkway to the gas station. b. Vehicular connection. Staff recommends that the proposed development provide vehicular access to Royal Oak Parkway consistent with the City's overall policies and ordinances to provide complete, compact, and connected communities, including UDC Section 166.08 and 166.14(C)(4). Staff does not recommend a median cut on Royal Oak Parkway, resulting in a right -in, right -out access on this northbound section of the boulevard street. PLANNING COMMISSION DETERMINED IN FAVOR OF A VEHICULAR AND SIDEWALK CONNECTION TO ROYAL OAK PARKWAY (11-14-11). 3. Planning Commission determination of a variance request from Chapter 172.04(E), Parking Lot Design Standards. The applicant has submitted a variance request from the maximum drive aisle width requirement of 24 feet and proposes to utilize a range of drive aisle widths from 30 feet to 33 feet to accommodate turning radius required for large truck parking lot circulation and access to the underground gasoline storage tanks. An Autoturn diagram has been added to the site plan on Sheet 5 of the submitted plat to indicate that the request is justified. Staff recommends approval of the variance request to exceed the maximum drive aisle width of 24 feet to accommodate the turning radius of the large trucks, as indicated on the diagram. PLANNING COMMISSION DETERMINED IN FAVOR OF THE VARIANCE (11-14-11). 4. Planning Commission determination of Commercial Design Standards. Staff recommends in favor of the proposed design finding that the building meets the minimum requirements of the Commercial Design Standards. PLANNING COMMISSION DETERMINED IN FAVOR (11-14-11). Planning Commission determination of street improvements. Staff recommends the following street improvements along this site's three street frontages: a. New sidewalk on Hill Avenue at the Master Street Plan right-of-way line. b. Street lights at intersections and spaced every 300 feet. c. Damaged or cracked sidewalk on Martin Luther King and Royal Oak Parkway shall be replaced prior to final occupancy. d. Because of the high volume of existing traffic on adjacent roadways combined with G.• IETCIDevelopmenl Services Review120111Developmenl Review11-3966LSD SW Corner of MLK & Hill (Kwn & Go)102 Subdivision Commilleel1]-03-111 Comments and Redlines increased turning movements anticipated with the proposed gas station, staff recommends addition of signal heads to provide protected left -turns at the Hill/Martin Luther King intersection. Upgrades to the signal to provide protected left turns for northbound, eastbound, and westbound traffic shall be required of the developer with this project, subject to approval by the Arkansas State Highway Department. PLANNING COMMISSION DETERMINED IN FAVOR (11-14-11). 6. Planning Commission determination of a variance from UDC Section 177.04(C)(1)(b) that requires a maximum run of 12 parking spaces without a tree island. The applicant has indicated that this requirement would place a tree in front of the convenience store blocking view of the gas pumps from the store clerk. The Urban Forester recommends in favor of the variance finding agreement with the applicant's justification. PLANNING COMMISSION DETERMINED IN FAVOR OF THE VARIANCE (11-14-11). 7. Right-of-way dedication in the amount of 35 feet from centerline is required along the project's Hill Avenue Street frontage and shall be dedicated by easement plat or separate document prior to building permit. 8. The number of parking spaces on the large scale development plan exceeds the maximum allowed by City ordinance and is subject to review and approval by the Planning Commission as a Conditional Use Permit (CUP 11-3968). If the conditional use permit is denied the development plans will be required to be modified to meet City ordinance. 9. Denial of the requested access to Martin Luther King Boulevard may require significant revisions to the site plan and project layout. These changes may require a major modification approval from the Planning Commission at a future hearing date. 10. A vegetative screen, as indicated on the submitted landscape plan, shall be installed along the west and southern property line to screen the commercial use from the adjacent residential use. 11. Any fencing shall comply with commercial design and design overlay district standards. 12. All tree preservation, landscape, and fire department conditions included herein shall apply. Standard conditions of approval: 13. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 14. If applicable, a business license shall be obtained prior to opening the business to the public. G: IETCIDevelopment Services Review120111Development Review\11-3966 LSD SW Corner ofMLK & Hill (Kum & Go)102 Subdivision CommitteeW-03-111Comments and Redlines 15. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 16. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 17. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut - sheets are required for review and approval prior to issuance of a building permit. 18. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 19. Trash enclosures shall be screened on three sides with materials complimentary to and compatible with the principle structure. Elevations of the proposed dumpster enclosure shall be submitted to the Planning and Solid Waste Divisions for review prior to building permit. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 20. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 21. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. Freestanding pole signs and electronic message boards (direct lighting) are prohibited in the Design Overlay District. 22. Large scale development shall be valid for one calendar year. 23. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 24. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area G:16TCIDeveloprnen1 Services Review12011IDevelopment Review\ 11-3966 LSD SW Corner of MLK & Hill (Kum & GO)102 Subdivision Committee\ I ]-03-111 Comments and Redlines and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: X Approved ❑ Tabled ❑ Forwarded Meeting Date: November 14, 2011 Motion: Chesser Second: Honchell Vote: 8-1-0 (Commissioner Winston voted 'no') G: IL'TCIDevelopmeni Services Review120111Development Reviews 11-3966 LSD SW Corner ofMLK & Hill (Kum & Go)102 Subdivision Committee111-03-111 Comments and Redlines H;HH ['lace Eotse'e c Play' 50 0 50 u GRAPHIC SCALE ill - 50' DETAIL I N fY1o,rV. , Lui K' nq A tI -@ G ' I 1 ___ ICI I rn I 29' N OO I ON 0 0 , W ,� CI NJ N O QI I C � I w QftI Y I 0 > W U � cn•a w o of 0 0 \ I61 F- : I I x X 1 X m w I W Ln o I <s� f It) / I� :10 I [� i 11 2g1 / DOC. 1107 2 801-2 80 7 sw cafi s1/4 SW1/4 T1EN R'j - TRACT 3 tO.36 ACRES CITY OF FAYETTEVILLE- DOC. NO.2006-9804 785-14852-001 �P v P W* (10/21/2011) Andrew Garner- Gas Stati ayetteville, AR Page 1 From: Ron Koretz <rkoretz@bluevistallc.com> To: Andrew Garner <agamer@ci.fayetteville.ar.us> Date: 10/21/2011 1:21 PM Subject: Gas Station in Fayetteville, AR Andrew - Thank you for taking time to discuss the proposed new Kum & Go development at the corner of MLK and Hill Avenue. On behalf of the owner of the adjacent Hill Place student housing project, BVP Hill Place, LLC, I would like to have our input placed on the record for the City of Fayetteville Planning Commission. BVP Hill Place, LLC is not opposed to the Kum & Go development. However, we do strongly oppose an entrance to the new development on Royal Oak Parkway. Such an entrance would present a safety hazard to our 840 residents, many of whom walk to and from school on a daily basis. If such an entrance (a "right -in, right -out" on Royal Oak) to the Kum & Go were in place, many cars would enter south on Royal Oak and make a U-turn in what is our parking lot. The U-turns would take place between two of our residential buildings and our clubhouse, which is the source for heavy daily foot traffic. This is also in the middle of the route student walking to school take. The potential U-turn drivers would make - as an unconventional driving method - is typically unexpected, further putting our residents at risk. Further, this would make what is a quiet, residential side street with heavy foot traffic a highly driven street where cars are entering for commercial purposes. Therefore, we are in favor of an entrance to the Kum & Go on MLK State Highway 62. Finally, we would like to have a sidewalk entry from Royal Oak Parkway to the Kum & Go. This would increase safety for our residents when they walk to the gas sation and convenience store. Please let me know if you have any questions Ron Koretz, on behalf of BVP Hill Place, LLC Ronald W. Koretz I Vice President, Asset Manager Blue Vista Capital Management, LLC 1 111 South Wacker Drive, Suite 3300 I Chicago, Illinois 60606 direct 312.324.6082 1 mobile 312.662.8520 1 fax 312.578.0139 rkoretz@bluevistallc.com<mailto:rkoretz@bluevistallc.com> I www.bluevistallc.com<http://www.bluevistallc.com/> DISCLAIMER: The information contained herein is confidential and is intended solely for the addressee(s). If you received this message in error, please notify Sender by reply email and delete the message immediately. This email is being sent by a representative of Blue Vista Capital Management, LLC, Blue Vista Capital Partners, LLC, Blue Vista Capital, LLC (a registered FINRA broker -dealer), or an affiliated or subsidiary Blue Vista entity. Use of the above informational signature block is not a representation of authority or agency on behalf of any particular Blue Vista organization and specifically does not legally bind the same. To the extent that the recipient of this email is uncertain of the particular Blue Vista entity being represented, the recipient should contact the Sender for clarification. This message is provided for informational purposes, and Sender is not responsible for any incorrect, misleading or altered information contained herein. This message should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments, as tax advice or to avoid penalties under federal tax laws. October 6, 2011 ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 DISTRIBUTION: RER/File Kum & Go. L.C. City of Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, AR 72701 Attn: Planning Department Re: Kum & Go #413 — Variance Request for Driveway Access Martin Luther King Jr. Blvd & Hill Ave. Fayetteville, Washington County, Arkansas CEI Project No. 26728.0 To Fayetteville Planning Commission: This is a formal request for a variance from the City of Fayetteville's Unified Development Code (Street Design and Access Management, Ch. 166.08 (F)(1)(a). This ordinance requires curb cuts or access points to be located where a street with a lower functional classification exists and that can be accessed, curb cuts shall access onto those streets. In this case being Hill Ave. Furthermore, when necessary, curb cuts along arterial streets shall be shared between two or more lots, in this case being Royal Oak. This requirement cannot be achieved for a shared access point located at the intersection of Martin Luther King Jr. Blvd and Royal Oak. By doing so, it would create a steep grade at the point of ingress/egress to the Kum and Go site due to the existing grade of Royal Oak. In addition to, by providing a shared access at this location would create a challenge to drivers exiting onto Martin Luther King Jr. Blvd. Such a challenge would be the site distance to the west. Currently there is an existing train bridge crossing over Martin Luther King Jr. Blvd with an existing bridge abutment located at the sidewalk. For any one driver exiting from Royal Oak onto Martin Luther King Jr. Blvd, the location of the said abutment may hinder that driver's ability to see on -coming traffic traveling east along Martin Luther King Jr. Blvd. Due to these existing conditions, we recommend providing a full access to and from the proposed Kum and Go site located along Martin Luther King Jr. Blvd. By providing a full access point at this location will increase the site distance to the west by increasing the distance between the existing train bridge abutment and the proposed access drive and will also improve the site distance to the east in regards to the crest of the roadway along Martin Luther King Jr. Blvd. Furthermore, by providing two access points for the proposed site would thereby create an ease in vehicular movement through the site while assisting in the access of the transport truck during deliveries to the proposed Kum and Go store. Providing Consolidated Land Development Services CALIFORNIA ARIZONA TEXAS ARKANSAS MINNESOTA GEORGIA PENNSYLVANIA Special conditions exists which are unique to this site and which are not applicable to other sites in the same district. Literal interpretation of the provisions of these ordinances would deprive us of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. These special conditions do not result from the any actions on our part and granting these variance requests will not confer on us any special privilege that is denied by this ordinance to other sites in the same district. Large Scale Development (LSD) plans have been submitted to the City Planning Department and shall be considered inclusive of this request including any revisions made throughout the review process. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to call. Respectfully submitted, R. Erin Rushing, RLA Department Leader CEI Engineering Associates, Inc. 2 CEI Engineering Associates, Inc. September 15, 2011 ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 City of Fayetteville Planning Commission 113 W. Mountain Street Fayetteville, AR 72701 Attn: Alison Jumper, RLA DISTRIBUTION: RER/File Re: Kum & Go #413 — Site Analysis Report SW Corner of MLK and Hill Fayetteville, Arkansas CEI Project No. 26728.0 To Fayetteville Planning Commission: The proposed project is at the southwest corner of Martin Luther King Jr. Blvd and Hill Avenue for the intended use of a convenience store and fueling station. The proposed site is 2.46 acres in size. The building size proposed is 4958 square feet with a detached fuel station with 8 fuel dispensers. The number of proposed parking spaces is 33. Currently the site is undeveloped and has been primarily vacate since 2005. The site is sloping from north to south approximately 25 feet in vertical change and is covered with either granular base rock from an old parking facility and/or un-maintained underbrush. There are numerous trees that are in the center of the site and scattered throughout the property. We are proposing to remove only the trees that are within the interior of the project and protect the trees that are along the exterior property boundaries. The site layout consists of a convenience store in the middle of the project site, a fuel canopy in front of the convenience store and 3 drive cuts onto adjacent public streets. The primary driveway is at the northwest corner of the site onto MLK as far east as possible. This driveway is located as far west away from the signalized intersection to minimize conflict with the Hill Avenue north bound traffic turning movements. The two secondary drive cuts are on Hill Avenue, which the southern most drive lines up with the front of the store making it easy for the customer to enter and exit the site with as little turning movements as possible. The northern most drive cut is utilized for delivery of goods to the store, trash pick up, and secondary access to Hill. Within Kum & Go's business model the front of the store always faces the primary access point or major street, which in this case is MLK with secondary access onto Hill. It is a requirement by Kum & Go that the fuel dispensers be located in line with the front of the store so the cashiers at the front counter have full visible access to the fuel dispensers at all times to reduce the potential for drive -offs so the store can only be shifted minimally off of the centerline of the canopy before it affects this sight line. In regards to vehicular circulation, again access to the primary street is required as well as a secondary access point required. Adequate vehicular circulation around the fuel dispensers is critical for the patrons utilizing the convenience store, as well as providing adequate buffering around the fuel dispensers themselves for safety purposes. At the main entrance to the store the preferred distance from canopy to the back of the parked cars is 39 feet in order to accommodate not only vehicular traffic entering the parking spaces from three different directions but this area needs to accommodate a 60' long fuel transport truck which will access the site 2-3 times per day. There are numerous concessions Kum & Go has made to the overall site plan during the design and review process. For starters they pushed the deveiopmentlimpact area north as much as possible to save the trees along the south portion of the property. The site utilizes a dual stormwater detention pond system in order to utilize the areas outside of the limits of the tree canopy for detention storage and save the trees. Other accommodations include the construction of a 6-7 foot tall retaining wall 475 feet in length around the entire south and west side of the developed area to minimize the impact to the root zone of the trees to be saved and limit the area of disturbance. Along the eastern property line in the middle of the site exists a 42" Hackberry Tree that could not be saved due to its location relative to the front of the store and the need for the secondary driveway onto Hill in this location. Kum & Go looked at alternative locations for the drive, however as mentioned above vehicular circulation parallel to the front of the store is a necessity for the ❑perations, ease of access and safety to the patrons. Mitigation for trees to be removed include a combination of some additional on -site tree plantings as well as payment to the City tree fund for any additional trees that can not be accommodated within the confines of the site. Large Scale Development (LSD) plans have been submitted to the City Planning Department and shall be considered inclusive of this request including any revisions made throughout the review process. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to call. Respectfully submitted, R. Erin Rushing, RLA Department Leader — Local Development CEI Engineering Associates, Inc. LSD 11-3966 Close Up View I, . -_.. •;* - KUM AND GO SUBJECT PROPERTY " t�v PRIVATE 421 '1/ -±., I G1 L � JT T ti��t }RPzn * '7� Al INS ALLEY 799 IM; It lise Tra (Existing) I ire Trails r lit yJF' Iz - y ttev,�lle ity� _ b ,%l-SD11-3966 Footprints 2010 Hillside -Hilltop Dv nay District [_ __ ! Design Overlay Di trict Design Overlay Df ;trict 0 75 150 300 450 600 ------ Planning Area Feet � VEHICULAR TRAFFIC &SITE DISTANCE SAFETY STUDY NOVEMBER 2011 PROPOSED KUM AND Go CONVENIENCE STORE #413 INTERSECTION OF MARTIN LUTHER KING BLVD & HILL STREET FAYETTEVILLE, AR CLIENT: CEI ENGINEERING ASSOCIATES, INC. r•j'A�_ 4M111 ARIAN A9 1i EO PROFESSION ENGINEER No. 14310�� 'hyN H. 000 PREPARED BY: kIk' 1 i SMALL ARROW ENGINEERING, LLC 216 SOUTH MAIN STREET PO BOX 1538 Joplin, MO 64802 PHONE: 417-624-2333 FAX: 417-624-2441 SAE PROJECT No.11151 1.0 Introduction & Objective: Kum and Go has proposed to locate a convenience store at the southwest corner of the intersection of Martin Luther King Boulevard and Hill Street. CEI Engineering has designed the site improvements and has engaged in the review process with the City of Fayetteville. The City of Fayetteville planning commission and staff have expressed concern about the proposed access on Martin Luther King Boulevard. Small Arrow Engineering (SAE) is in receipt of the Planning Division Correspondence dated November 1, 2011. The objective of this study is to evaluate the existing traffic and site distance issues as requested by the City of Fayetteville and offer solution that will provide safe access and site distance for the proposed Kum and Go convenience store. 2.0 Description of Existing Conditions: The proposed convenience store is sited on the southwest corner of the intersection of Martin Luther King Boulevard and Hill Street. Martin Luther King is a five lane arterial street with two east and west bound lanes and a center two way directional turning lane. Sidewalks are present along both sides. The street appears to have excellent stormwater drainage. The Annual Average Daily Traffic (AADT) is 23000 Vehicles Per Day (VPD) as provided by the Arkansas Highway and Transportation Department (AHTD) for the year 2010. The posted speed limit is 35 MPH. Street lighting is present. Horizontal alignment appears to be sufficient with no curves or shifts in the road alignment. Vertical alignment was determined to be within the stopping sight distance of 250 feet for as required by AASHTO "Green Book" geometric guidelines for 35 MPH design speed. A report was prepared utilizing data from Google Earth and analyzing it with AutoCAD Civil 3D. See Appendix A for report and attached drawing plan and profile. Several unused curb cuts and drive entrances are located along the street. It is assumed these are from removed structures or future planned entrances before access management regulations were adopted. Hill Street is a two lane collector street with intermittent curb and grass shoulder. Sidewalks are present along the west side with a small section on the east side near the intersection. The street appears to have adequate stormwater drainage. The AADT is 2600 VPD. Street lighting is present. The intersection of Martin Luther King Boulevard and Hill Street is a four leg signalized intersection. It appears to be a fully actuated signal using video detection. The traffic signal is of standard steel mast arm construction. The controller cabinet is located on the northeast corner. Each leg except the north leg of the intersection has a dedicated left turn lane with approximately 150 feet of storage. The north leg is a two lane section without a dedicated turn lane. All legs except the south leg of the intersection have two signal heads. All signal heads are three section heads thus allowing for only permissive left turns. The south leg of Hill Street does have a signal SMALL ARROW ENGINEERING,LLC Page 2 head that allows for protected left turns. The mast arms on the east and west legs do not appear to extend over the dedicated left turn lanes. The south leg of the intersection is controlled by three signal heads. Two are three section heads and one is a five section head with a protected- permissive left turn. Pedestrian crosswalks and pedestrian signal actuated by push button are present on all legs of the intersection. It appears that the intersection is interconnected with wireless antenna mounted on the northeast signal pole. Signal preemption for emergency or public transportation is not evident. Street lighting is present at the intersection. A bus stop is located on the northeast corner. The area adjacent to the signal is a mixture of commercial and high density housing. Commercial structures are located or proposed on all four corners. Major trip generators in the area are the University of Arkansas with 22,000 students plus staff and the Hill Place "Smart Student Living". Hill Place is a mix of apartments with between one and four rooms. There are a total of 840 bedrooms in the complex. Access to Hill Place is provided by an entrance off Hill Street as well as Martin Luther King Boulevard. The latter entrance has a right out exit and a left and right movement entrance. Field observations of the intersection and site were performed on Friday, November 18, 2011 between the hours of 4:30 PM and 6:30 PM. Queues on the left turn lane for the west leg of the intersection on Martin Luther King Boulevard were no more than two cars at any time. All other legs experienced a maximum of three cars. Queues on the thru movement on the west leg backed up as far as the proposed driveway for the Kum and Go convenience store. The signal appeared to be on a 90 second cycle. It appears that excessive green time was given to the north and south leg; however this may be attributed to the signal interconnect system. SMALL ARROW ENGINEERING, LLC Page 3 Figure 1- View of proposed site and surrounding area Figure 2- View existing intersection of Martin Luther King Avenue and Hill Street SMALL ARROW ENGINEERING, LLC Page 4 3.0 Proposed Improvement Impacts: Kum and Go proposes to build a 5000 square foot convenience store with 8 fuel pumps offering 16 fueling positions. SAE has performed traffic impact studies for a proposed Kum & Go Convenience store of similar size and scope in the City of Fayetteville (Fulbright Expressway and Wedington Drive submitted August 2011). Based on these studies the development should generate 3,398 trips on an average weekday including new and pass by trips. Fifty percent of trips should will be pass by and the remainder destination. Peak hour trips should be approximately 125 vehicles entering and exiting (250 total). Of these ten percent should access the store directly from Hill Street leaving 225 trips movements on and off Martin Luther King Avenue. The observed traffic split is approximately 60 percent east bound and 40 percent westbound (135 trips east bound and 90 trips west bound). The proposed drive entrance off of Martin Luther King Boulevard allows for a left and right movement in and a right movement out. It is our understanding from the comments that the city is specifically concerned about customers travelling westbound wanting to turn left into the entrance off of Martin Luther King Boulevard conflicting with eastbound traffic queued to turn left at the intersection. CEI has analyzed the traffic flow for westbound delivery vehicles and determined that they would need a left in on Martin Luther King. New customers or campus visitors traveling westbound may use the left in on Martin Luther King drive entrance, because there is not a protected left turn at the signalized intersection. They also have the potential to bypass the store if they miss the left turn at Hill Street. It is assumed regular customers traveling westbound would attempt to use Hill Street to access the site, but would experience delay due to the absence of a protected left turn movement. As stated above there are 90 trips generated during the peak hour. Assuming the number exiting is leaving during the peak hour 45 movements is expected to enter the store. This equates to 0.75 vehicles per minute arriving. Using a simplified queuing approach assuming a maximum delay of the cycle time of ninety seconds this equates to an expected queue of 1.125 vehicles. Allowing for uneven arrival time this could be rounded up to 2 vehicles queued due to the development. Assuming that delivery vehicles would not arrive during the peak hour forty feet of the center lane would be occupied. Depending on driver behavior fifty to one hundred feet could be used to transition to the center lane giving a total of one hundred forty feet during a peak hour traffic flow. Maximum observed queue rate was two eastbound vehicles turning north. It is not likely that vehicles wanting to go northbound would use Martin Luther King Boulevard since Hill Street would make a more obvious choice. It is our opinion that given these above stated conditions, an unskilled driver could still potentially conflict with an eastbound left movement as stated in the City of Fayetteville Planning Commission Report. SMALL ARROW ENGINEERING, LLC Page 5 4.0 Recommendations and Conclusions: As stated in the existing conditions the traffic signal does not have protected left turn movements on Martin Luther King Boulevard. The signals are also not with generally accepted standards because there is not one traffic head per lane. It is recommended that the developer add five section signal heads. It appears that the mast arms are not long enough to center the proposed signal heads on the left turn lanes and will need to be replaced. The upgraded signal would encourage passenger vehicles to use the Hill Street entrance while still allowing delivery vehicles to use the westbound left turn entrance on Martin Luther King Boulevard. It will also shorten queue lengths for the eastbound left turn movement. Delivery drivers should be instructed to arrive in off peak hours. Crosshatching of the center median lane or a mountable island in the vicinity of the Martin Luther King Boulevard entrance may also be investigated to discourage non- delivery drivers from making a left turn. See Appendix B and attached diagram. We feel that the combination of signal modifications at MLK and Hill Street combined with crosshatching of the center turn lane will allow for use of the left -in entrance on MLK without creating unsafe or excessive turning conflicts. We trust that this comprehensive analysis of the traffic impact for this proposed development addresses all questions and concerns for the project. Please advise us should you require additional information or have further questions about this matter. Sincerely, John H. Bolte, P.E. Principal Small Arrow Engineering SMALL ARROW ENGINEERING, LLC Page 6 Appendix A (PART 1) - AutoCad Site Distance Check Note that part 1 utilized Google Earth Data. The exact accuracy of this data is not been established to any vertical control. This represents a worst case scenario and sight distance is likely to be better than reported. The highlighted portions did not meet the sight distance using the provided data. Surveyed data was then used in part to 2 establish sight distance A drawing is attached this report showing plan and profile. date,2011-11-23,time,01:00:24,unit, EyePath Alignment,Please_Work,EyePath Profile,Russ - Surface (2) Eye Offset,0,Eye Height,3.5,Object Offset,0,Object 1-leight,0.5 Surfaces,Russ Station,ActualSightDistance,MinimumSightDistance,ObstructionPoint,Viol ated? 0+80.00',250.000',250.000',,No 1+00 00,250. 000,25 0.000',,No 1+20.00',250.000',250.000',,No 1+40.00',250.000',250.000',,No 1+60.00',250.000',250.000',,No 250.000',250.000'„No 1+80.00',250.000',250.000',,No 2 5 0.000', 25 0.000'„No 2+00.00',250.000',250.000',,No 2+20.00',250.000',250.000',,No 5 0.000', 25 0.000'„No 2+40.00',250.000',250.000',,No 2+60.00',250.000',250.000',,No 5 0.000', 2 5 0.000'„No 2+80.00', 250.000', 250.000'„No 3+00.00',250.000',250.000',,No 3+20.00',250.000',250.000',,No 3+40.00',250.000',250.000',,No 3+60.00', 2 5 0.000', 25 0.000'„No 3+8 0.00', 2 50.000', 25 0.000'„No 4+00.00',250.000',250.000',,No 5 0.000', 25 0.000'„No 4+20.00',250.000',250.000',,No 5 0.000', 25 0.000'„No 4+40.00',250.000',250.000',,No 5 0.000', 2 5 0.000'„No 4+60.00',250.000',250.000',,No 4+80.00',250.000',250.000',,No 5+00.00', 2 5 0.000', 25 0.000'„No 5+20.00',250.000',250.000',,No 5 0.000', 2 5 0.000'„No 5+40.00',250.000',250.000',,No 5 0.000', 2 5 0.000'„No 5+60.00',250.000',250.000',,No 5 0.000', 25 0.000'„No 5+80.00', 250.000',25 0.000'„No 6+00.00', 250.000',25 0.000'„No 6+20.00',250.000',250.000',,No 6+40.00',202.795',250.000',"(7147.5328 ;14752.3764',1279.38907.",Y 6+60.00',164.275',250.000',"(7129.0765',14752.8195',1278.35137",Y 6+80.00',144.585',250.000',"(7129.4I03,14752.8 1 ] 5',127&3708')" ,Ye' 7+00.00',119.017',250.000 , (7123.8695',14752.9446,1278.04.69')".Y 7+20.00',93.001',250.000',"(7117.8779 ,14753.0884',1277.69677",Y 7+40.00',82.410',250.000;'(71273003,14752.8622',1278 2475') Y 7+60.00', 75.849',250.000 ,"(71407448',14752.5394;1279.033.4')",Y 7+80.00',71.960',250.000',"(7156.8562',14752.1525 ;1270.8582']' ;Y 8+00.00',88.495250.000',"(7193.3835',14751.2754`,1280.7780]",Y 8+20.00',111.519',250,000',"(7236.3955',14750.2426',1281.4603')",Ye$ 8+40.00',250.000',250.000',,No 8+60.00', 250.000',25 0.000'„No 8+80.00', 250.000',25 0.000'„No SMALL ARROW ENGINEERING, LLC Page 7 9+00.00', 2 5 0.0 00', 2 5 0.000'„No 9+20.00', 250.000',25 0.000'„No 9+40.001,2 5 0.000', 2 5 0.000'„No 9+60.00', 2 5 0.000', 25 0.000'„No 9+80.00',250.000',25 0.000'„No I0+00.00', 25 0.000',250.000'„No 10+20.00',25 0.000',250.000'„No 10+40.0 0', 2 5 0.000', 2 5 0.000'„No I 0+60.00', 25 0.000',2 50.000'„No 10--80.00',142.107,250.0©0',(7526.8529', 14743.2683', 1280.5791')',Ycc 11+00.00,122,885 ,250.000;(7527.6234',14743.2498,1280.5778'),Ye 1+20.00',l I $673',250.000,"(7543,3926,14742.871 2',1280.23g1ry",Y . 1+40.00', 12I.54$',25.0.000'."(7566.2450'.14742,3225',1279.7581')',Ye4 I 1 +60.00', 121.7I8 ,250.000'.'(7586.3962',14741.838& ,1279.3348')".Y 11+80.00',250.000',250.000'„No 12+00.00',250.000',250.000',,No 12+20.00',250.000',250.000',,No 12+40.00',250.000',2 50.000'„No 12+60.00',25 0.000',250.000'„No 12+80.00',250.000',250.000'„No 13+00.00', 250.000',2 50.000'„No 13+20.00,250.000,2 50.000'„No 13+40.00', 250.000',250.000',No 13+60.00',250.000',250.000'„No 13+80.00', 250.000',250.000'„No 14+00.00',250.000',250.000'„N o 14+20.00',250.000',250.000',,No 14+40.00',250.000',250.000',,No 14+60.00',250.000',250.000',,No 14+80.00',250.000',250.000',,No 15+00.00',250.000',2 50.000'„No 15+2 0.0 0', 2 5 0.0 00' , 2 5 0.000'„N o 15+40.00',250.000',250.000',,No 15+60.00',250.000',250.000',,No 15+80.00',250.000',250.000',,No 16+00.0 0', 2 5 0.0 00' , 2 5 0.000'„N o 16+20.00',250.000',250.000',,No 16+40.00',250.000',2 50.000'„No 16+60.00',250.000',2 50.000',,N o 16+8 0.0 0', 2 5 0.0 00' , 2 5 0.000', , N o 17+00.00', 250.000',2 50.000'„No 17+20.00',250.000',250.000',,No 17+40.00',250.000',250.000',,No 17+60.00',250.000',250.000',,No 5 0.000', 2 5 0.000'„No 17+80.00',250.000',250.000',,No 5 0.000',250.000'„No 18+00.00', 2 5 0.000',2 5 0.000'„No 18+2 0.00', 2 5 0.000',2 50.000'„No 18+40.00',25 0.000',250.000'„No 18+60.00',250.000',250.000'„No l 8+80.00', 250.000',2 50.000'„No 19+00.00',250.000',250.000',,No 19+20.00',250.000',250.000'„No 19+40.00', 250.000',2 50.000'„No 19+60.00', 250.000',2 50.000'„No 19+80.00', 250.000',2 50.000'„No SMALL ARROW ENGINEERING, LLC Page 8 Appendix A (PART 2) - AutoCad Site Distance Check Note that this will have different datum than data in part 1 Insufficient survey data exists to check the entire profile in one run so site distance is evaluated from different direction. Site distance is checked from Google Earth Plan and Profile Station 7+25 to 9+45 Approximate station equation is Google Earth 0+00 = Survey data 7+25 West to East. date,2011-11-26,time, l 4:16:43,unit, EyePath Alignment,Russ,EyePath Profile,Surface (1) Eye Offset,0,Eye Height,3.5,Object Offset,0,Object Height,2.5 Surfaces, Surface 1 Station,ActualSightDistance,Min imumSightDistance,ObstructionPoint,Violated? 0+00.00',250.00',250.00',,No 0+20.00',250.00',250.00',,No 0+40.00',250.00',250.00',,No 0+60.00',250.00',250.00',,No 0+80.00',250.00',250.00',,No 50.00', 2 5 0.00'„No 1 +00.00', 2 5 0, 0 0', 2 5 0.0 0'„N o 1 +2 0.00', 2 5 0.00', 2 5 0.0 0'„N o 1 +40.00', 2 5 0, 0 0', 2 5 0.0 0'„N o 1+60.00,2 50 00,250 .00',,No 1+80.00',250.00',250.00',,No 2+00.00',250.00',250.00',,No 2+20.00',250.00',250.00',,No Site distance is checked from Google Earth Plan and Profile Station 7+25 to 9+45 Approximate station equation is Google Earth 0+00 = Survey data 11+50 West to East date,20 11- 11-26,time,14:37:42,unit, EyePath Alignment,Reverse,EyePath Profile,Surface (2) Eye Offset,0,Eye Height,3.5,Object Offset,0,Object Height,2.5 Surfaces, Surface 1 Station,ActualSightDistance,MinimumSightDistance,ObstructionPoint,Violated? 0+00.00',250.00',250.00',,No 0+20.00',250.00',250.00',,No 0+40.00',250.00',250.00',,No 0+60.00',250.00',250.00',,No 0+80.00', 250.00',250.00'„No 1 +00.00',250.00',250.00'„No 1+20.00',250.00',250.00',,No 1 +40.00', 250.00',250.00'„No 1 +60.00', 250.00',250.00'„No 1 +80.00',250.00',250.00'„No 2+00.00',250.00',250.00',,No SMALL ARROW ENGINEERING, LLC mss. Page 9 APPENDIX B -2009 MUTCD Edition Part 3 Figure 3B-2. Examples of Four -or - More Lane, Two -Way Marking Applications * Opi onel in some I` condlion (see Section 36.20) -+ Diecilon of IravW Optional yelow diagonal c Gs flalch mar1g8 OptionaldovedestenSsn �I I i f t Optonal stoned extension SMALL ARROW ENGINEERING, LLC Page 18 lY}0 / / ii uio :JEA GIU 'mod a'60 11 12S2 sw J 7244 ti \ il•� R1� _ Il jay c 8i ?his ;? �: �= �`�? F^ •" '-5 !tle a; �YCC Fi0 d.K 1+.R arm 3kiG ini] n� S.JO J.00 tim 1,m Fm hm Fm FLG prm 11rOp f2rm Iim 1wm :].m Wm •!-[r. _'A e PLAN AN) f'RO-.L. ,-JN _UH K ❑��HAN N l`-.'vE`P�L 1V GR�GG AV_P!U! .._�.t.ti.-.. .., ia x a �~ F .,. .. _.L±. .. .mm i. etoe «mm H m ..gym r.mno 5totian PROFILE VIEW FOR MARTIN LUTHER KING ETA TION 0-00 = GOOGLE EARTH PLAN AND PROFILE ETA TION 7+25 x I x¢721 2722 za - 720' I (u-i>nIW72s25 255 IA m ► I"rivpla F'rganrly o1 1'x! !, aspen Rr'dg CJ C iZ*_ z R ENGINEERING L ••'- ASSOCIATES, INC 4141 I'''''lI II STORE#26728 FAYETTEVILLE,AR KUM & GO, L.C. H sue nNG""Y"°" 6400 Westown Parkway, I SITE PU A (FIRST SU66iffTAL) FH,siszzsorze MLK d lilll West Des Moines, Iowa 50266 FAX -R 5-223-W 4!aal�unwY ., �cwr STi !r a!Iro, �yrlyyi,rp y�riV�+f4•it •+fMea[w!n 1 P/ Prop0 al rrvcr 7, Aspen Rtiger N a C � z o D m Z a ENGINEERING ASSOCIATES, INC fp o xn a. xa.Rr r+ 1W STORE# 26728 - FAYETTEVILLE, AR KUM & GO, L.C L.C. A `�`"'�f°R""'' 6400 Westown Parkway, o SITE LB ISEC4t417 `MflT1 J West Des Moines, Iowa 50266 AuL9m NILK & HIL - ENGINEERING ASSOCIATES, INC n KUM & GO, L.C. m ; STORE# 26728 FAYETTEVILLE, AR �� o~ p �z G°"'"""° 6400 Westown Parkway, ! iZ SITE PLAN C (THIRD SUBMITTAL) MLK & HILL rr sr5nsarza West Des Moines, Iowa 50266 FAX5157239873 • r.n w... , -. Property o/ Iroct 1, Aspen Ridge � R U) z*. � z o r — D Z ~ a ' ENGINEERING ASSOCIATES, INC p flCWe.tZ,r3 f /ta+wi FAX r.mu7X« r STORE#26728-FAYETTEVILLE, AR KUM & G0, L.C. � D F d l SIT V D (FOURTH SUBMITTAL) 6400 Westown Parkway, �51szz�o ze MLK & HILL West Des Moines, Iowa 50266 FAX,515?239873 C ! pnl5a• -. a..uasa.l wl YO!? r•r aoufya ...!•.....IV••IM+ar.! Private Properly of Tract 1, Aspen Ridge Cr _ - c2 NO/#64rE 4110' I — I O m F- D z I I::: rare � <m� 52 Slane puew i.2545 54 5 LIST 58152 It STY LICATUS r.25nn5WT852TL L.5Fflv i (I2-IIii)W72Ut5 a . ' Wirulr'N'4rfr aI trod i. Aspvn "p P1 r — D z III — _ b O N h a z*__ z 4 m —( m o ' ENGINEERING _______ ASSOCIATES, INC m o nor'. +wsr+n.sarR+ $wia •# I N � rauxt( ' STORE# 26728 - FAYETTEVILLE, AR KUM & G O, L.C. yip 111111 m. S !n auw+nwmwra 6400 Westown Parkway, - 255 SITE PEAK F (I U & G4 REQUESTI West Des Moines, Iowa 50266 FA1pa >3 jill I MLK & HILL A I About Kum & Go • 400,000 daily customers • 430+ stores in 11 states • Inc. 5000: #20 in total revenue • Forbes ranking: #238 (largest privately held company) 2008 & 2009 Kum & Go Leads The Way • Largest E85 retailer in the state of Iowa • One of the first convenient store chains in the nation to offer a 10% ethanol blend • First convenience store in Iowa to receive LEED certifications .. for two stores Kum & Go Recent Recognitions • "2011 Iowa Star Award" The DesMoines Register (Kyle J. and Sharon S. Krause) • "2011 Biodiesel Marketing Award" • "2011 Distinguished Business Leadership Award" (Kyle J. Krause) • "2011 Alumnus of the Year — Forty Under 40" ' (Kyle J. Krause) Iowa Secretary of Agriculture Greater Des Moines Leadership Institute Des Moines Business Record Kum & Go - Locations I to I UT AZ MT sK � e ND WY e ee% ° e e e e e er� CO II Colorad ,Springs NM Lie x SD NE IJ) KY N L.S AL 0 55 110 220 i l 1 1 i t 1 1 I 08/10/2011 Kum & Go Team • 2200 Sales Associates • 800 Sales Managers • 430 General Managers • 30 District Supervisors • 200 Corporate Associates People make the difference and the difference is Kum & Go people. -i- W A . Krause NACS Show Recap ■ Page 21 � Year in Review ■ Page 1'2 >4! L. I I I I I, ReePis .YOH Going i • Convenience Store Mews -Hall of Famer. W. A. Krause, reflects on motivations and inspirations behind Kum & Go's ►�i��`,, .� unprecedented success ►!��t��!: - 1:;� Page 42 ► �-�'y1yl1�F law\► t' ` '..`' •\- 11YL11 ` tLrit 1, 7■1L1y� { ►1111 111 1 yrxrrs■�•, ' •Irsr'%1 ' IiLs7,Lr Compensation; 0sr 6W agog �PAgC�A flr • 1! Ghost Story Haunts Carolina C -store Page 82 Mobile I Health Matters I Local Professionals I Local Events Entertainment 1 A.List SEND US STORY TIPS® FOLLOW US: ©[]® ei ■ a''1 Home . ® Weather I Cancellallans I Spot" i KCRG 9.2 Show:You Care' YouNews Classifieds I Autos I Homes I Jobs I Deals Local Kum & Go Planning 8-10 Stores in Cedar Rapids Area J EMAIL THIS ARTICLE e� Y Tweet DIGG 8 PRINTTHIS ARTICLE 4 COMMENTS Recormnend Story Created: Jul 27, 2011 81 11:59 AM CDT ( Story Updated: Jul 27, 2011 at 1159 AM CDT) CEDAR RAPIDS, Iowa - Kum & Go is coming to the Cedar Rapids area in a big way over the next several years. The West Des Moines -based convenience store chain is planning eight tO 10 new locations in Cedar Rapids. Hiawatha and Marion, all Incorporating green' environmentally -friendly design. Construction is progressing on a Kum & Go at Kirkwood Boulevard and Miller Avenue SW and the Cedar Rapids City Council on Tuesday approved the sale of land to Kum & Go at 16th Avenue and Williams Boulevard SW. Catherine Huggins, a spokeswoman for Kum & Go, said the store at Kirkwood Boulevard and Miller Avenue SW Is expected to open in mid to late September and the 16th Avenue and Williams Boulevard SW location will open in 2012. Huggins said each store will employ between 10 and 15 associates. 'We're excited these sites will feature Kum & Go's new store design,' Huggins said. 'This new store design was made possible through many ideas and suggestions offered by our associates. "The new store concept has a greater product offering and fresh food choices such as 'made-to- order peas and bakery items. ' Huggins said another distinguishing feature of Kum & Go's new store design is a strong emphasis on green' by incorporating sustainable features. 'The focus on sustainability starts at construction and continues through the store's daily operations, Huggins said. 'These new stores will be constructed like all new Kum & Go stores with Leadership in Energy and Environmental Design (LEED) building requirements in mind. 'Materials used for the construction will be sustainable, coming from local companies whenever possible. This will include recycled steel and no volatile organic compounds in paint and adhesives.' While Huggins declined to comment on the company's plans for additional locations citing competitive reasons, Cedar Rapids City Manager Jeff Pomeranz has confirmed that Kum & Go has expansion plans for the northern end of the Cedar Rapids -Iowa City Technology Corridor. 'We met with representatives of Kum & Go not long ago and they have a plan for more than 10 stores that they want to bring to the Cedar Rapids market,' Pomeranz said 'They've identified the community as a place where they want to have a significant presence " Scott Olson of Skogman Commercial has been working with Kum & Go representatives on a number of locations. Olson said the convenience store chain is working through the planning and zoning process on locations in Cedar Rapids, Hiawatha and Marion Kum & Go operates a store at 3370 Seventh Ave. in Marion as well as locations in Coratville, Iowa City, North Liberty, Tiffln, Tipton, West Branch and Williamsburg- The company employs more than 4,000 associates at over 430 stores in 11 states. The fifth -largest privately -held, company -operated convenience store chain In the United States ended 2010 with sales of more than $2 billion. !'T.TTr ___ -}.� fl it Ii -• MT Y: _ y fir. �`�' m .. Y jLp�j f ■ L i 0� r,".�:. ^•fir - ! EL�1 ■ ci' � S x]'•�. ids �..1� ,'k: , I Kl11) & D I ftSi ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 DISTRIBUTION: RER/File Kum & Go, L.C. November 18, 2011 City of Fayetteville City Council 113 W. Mountain Street Fayetteville, AR 72701 Attn: Planning Department Re: Appeal of Planning Commission to deny proposed improvements Kum & Go, #413 CEI Project No. 26728.0 To Fayetteville City Council: Kum & Go, L.C. respectfully request the appeal to be heard in the decision of Planning Commission's vote at the November 14th, 2011 meeting for approval in the Kum & Go Convenience Store Large Scale Development. The property is located at the southwest corner of Martin Luther King Jr. Blvd and Hill Ave. The property is currently undeveloped and slopes significantly (Approximately 28 -feet) from the north property line to the south property line. Throughout the City approval process, revisions to the overall site layout were requested by two separate subdivision committee reviews in regards to the Large Scale Development plans. Under the first Subdivision Committee review (October 13, 2011) and as requested by the committee; Kum & Go was to provide a shared access drive from Royal Oak and shift the Martin Luther King Jr. Blvd access east, approximately 25 -feet closer to Hill Ave. This request was accepted by Kum & Go and tabled for the next subdivision committee review for approval to these changes. Following the second Subdivision Committee review (November 3, 2011) and as requested by the committee; Kum & Go was then directed to remove the shared access drive along Royal Oak due to possible issues in traffic movements around the intersection and due to the geometric roadway configuration. As a result to the existing topography; the roadway became superelevated along the median and grades became steep along the access drive located within the site. Furthermore, the adjacent property owner's representative to Hill Place Apartments stated that they were not in favor of a shared access and would not allow for such access through the privately owned median. In addition, the committee Providing Con soRgatedLnnndDevelopment S rviices CAUFORN A V A IZONA VJ TEXAS 0 ARKANSAS 3 NNE C. at>>, GEORGIA 0 PENNSYLVANIA Kuii7 & Go, 4;3 2'-1'F recommended a 3/ access drive with a median which would limit traffic movement to a right - in, left -in, and right -out access only from the Martin Luther King Jr. Blvd proposed access drive. This request was accepted by Kum & Go, revised, and moved forward to Planning Commission, dated November 14, 2011. Certain restraints have been held to this site in regards to the existing grades, close proximity to the Royal Oak drive, and current City ordinances. Should the site's Finish Floor elevations be lowered to accommodate the shared access drive along Royal Oak, then the MLK Jr. Blvd access drive becomes too steep which in turn limits the access of the delivery trucks. In the case of a right -in only drive; if a potential customer traveling west along MLK Jr. Blvd. chooses not to turn onto Hill Ave. before approaching the site, then the only option left for the driver is a possible "illegal" U-turn or to carrying on further west until finding an appropriate turn -around point. This property is an ideal location for this type of development and is welcomed by the residents of the Hill Place Apartments and is sure to be a convenience to the Fayetteville community. Several business's along the Marin Luther King Jr. Blvd corridor has in the past and recently been provided the convenience of a full access drive. For Kum and Go to be denied a full access or even a 3/ access drive will only deprive them of the rights or privileges granted to other developments within recent time. In conclusion, we believe the public health, safety, welfare, and morals would be better served if the Planning Commission's vote were reversed because the highest and best use for this property would be for what the Kum and Go stores represent and the services they provide to a community. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to contact me. Respectfully submitted, :4 R. Erin Rushing, RLA Department Leader CEI Engineering Associates, Inc. Providing ° nsdlidb ted Land Development Services CALIFORNIA +a?` &3:17._(3::°EA V TEXAS C ₹R₹tANSAS C MESNESOTA O GEORG=A S PENNSYLVANIA ' f "ci i7 ._: TT. QCs IZ 'r _f Vv'____ L EXHIBIT A T —_-_ _—_ -- 'f�f. r�r.:"r'li :_; �•fv F2:' iIYC. )' i.74 nn vl/•t,. i%Il: . r'"�g s1[-i-'!<fw - G[• : i. ... " -'-•--- tL CURS ��8. LL II I rrr'�-a iiQ --- ^- _.._ Lr--,---��..ULK•11�� /- J_ it T "I • I . :�� fo-= r,,,•, +rv•:rr,pr. in _ooa' v,p 1.! 'ti• � —F— .� �. _,i � `_ - , ___—_._ — NGMU�lif ml'.•1. I r 1 �� a 2s 1i i rZ tr r 1Z . °II l • I I® i /I /I // 1r , '� 1 I� 4 if 9' RECEIVING AREA o,z DISPLAY CASH WRAP 7 -DOOR COOLER 011 FOOD SERVICE t.. I' . FOOD PREP COOLER 0 LTFIL/STG 0 FREEZER FLOOR PLAN KUM & G 0 STORE P R O T O T Y P E- 4 9 5 8 SQUARE FEET SHIFFLER ASSOCIATES ARCHITECTS. P. L. C. Going Green Since 1997, Kum & Go has been a leader in distributing biofuel to customers. 5 ,1 • In December, 2009, Kum & Go became the first convenience store in Iowa to receive LEED certifications for two stores • The LEED Green Building Rating System encourages global adoption of sustainable green building and development practices um& o FACT SHEET Kum & Go's New Eco-Friendly Store Design ■ In September 2010, Kum & Go President & CEO Kyle J. Krause announced a bold new store design for his convenience store chain. The new eco-friendly concept will be built throughout the company's geographic footprint. According to Mr. Krause, Kum & Go's new store design was developed with input from Kum & Go associates and includes a variety of sustainable features. • Mr. Krause emphasized this new eco-friendly store design reinforces Kum & Go's position as a leader on sustainability. "We have a duty to be environmentally responsible. It is a serious responsibility that continually benefits our customers and the communities in which we do business," said Krause. • The new store concept has a greater product selection and fresh food choices such as "made- to-order" pizzas, deli sandwiches, and baked goods. • Another distinguishing feature of Kum & Go's new store design is the strong emphasis on "going green" by incorporating sustainable features. The focus on sustainability starts at construction and continues through the store's daily operations. • The new store design is constructed like all new Kum & Go stores with Leadership in Energy and Environmental Design (LEED) building requirements in mind. Materials used for construction will be sustainable, coming from local companies whenever possible. This also includes recycled steel and no Volatile Organic Compounds (VOCs) in paint and adhesives. • Kum & Go's new store design is approximately 5,000 square feet of space. As a convenience to customers, a larger parking area is created in front of the store. There are two entrances to improve traffic flow within the store. • Typically there will be more fuel dispensers at these stores and each store will have improved accessibility to the fuel pumps. • In addition, a feature new to Kum & Go stores is Solatube skylights. The Solatube skylights provide natural light that decrease the energy used in overhead lighting. LED lights will be used in exterior lighting to reduce energy consumption. • Advanced refrigeration systems will be installed, increasing energy efficiency through improved technology and LED lighting in the coolers. ■ The entire Kum & Go store will be on an automated system that will regulate energy use and lighting systems in order to create a more energy efficient store. # #