HomeMy WebLinkAbout2006-08-28 - Agendas - Finale
ARKANSAS
113 W. Mountain St.
Fayetteville, Alt 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, August 28, 2006, 5:30 p.m.
Room 219, City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chairman
B. Presentation of Staff Report
C. Public Comment
D. Presentation of request — Applicant
E. Questions & Answer with Commission
F. Action of Planning Commission (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chairman asks for public comment. He will do this after the Planning Staff has presented the
application. Public comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give your name and
address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions and answers will be provided once public comment has been closed. Please keep
your comments brief, to the point, and relevant to the agenda item being considered so that everyone
has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning
Commission.
2006 Planning Commissioners
Jill Anthes
Lois Bryant
Candy Clark
James Graves
Hilary Harris
Audy Lack
Christine Myres
Alan Ostner
Sean Trumbo
TENTATIVE AGENDA
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, August 28, 2006, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Downtown Zoning Code Update (Agenda Session Only)
Consent:
1. Approval of the minutes from the July 24, 2006 meeting.
2. ADM 06-2234: Administrative Item (MARRIOTT COURTYARD): Submitted by Scott Smith of
CEI Engineering on behalf of Marriott Courtyard. The request is to extend the construction approval
period for the Large Scale Development. Planner: JESSE FULCHER
3. ADM 06-2236: Administrative Item (CREEK MEADOW Final Plat): Submitted by EGIS
Engineering. The applicant requests to modify a condition of approval regarding pavement of a temporary
cul-de-sac. Planner: SUZANNE MORGAN
4. ADM 06-2235: Administrative Item (SCOTTSWOOD PLACE R-PZD): Submitted by Kipp Hearne
of 1-12 Engineering. The request is for a waiver of street requirements for a portion of the approved PZD.
Planner: JESSE FULCHER
New Business:
5. CUP 06-2176: Conditional Use Permit (MCMAHON, 291): Submitted by TIM & JENNIFER
MCMAHON / MCMAHON FAMILY LLC for property located at 1114 TOWNSHIP. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.91 acres. The request is
for a tandem lot. Planner: JESSE FULCHER
6. LSP 06-2174: Lot Split (MCMAHON, 291): Submitted by TIM & JENNIFER MCMAHON /
MCMAHON FAMILY LLC for property located at N OF TOWNSHIP ST., W OF COMMON DR. The
property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.91 acres.
The request is to divide the subject property into two tracts of 1.55 and 0.36 acres.
Planner: JESSE FULCHER
7. CUP 06-2209: Conditional Use Permit (ROGERS, 404): Submitted by BLEW, BATES &
ASSOCIATES for property located at LOT 23, MAXWELL ADDITION. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.00 acres. The request is to create a
tandem lot of 0.36 acres. Planner: SUZANNE MORGAN
8. LSP 06-2175: Lot Split (ROGERS, 404): Submitted by BLEW, BATES & ASSOCIATES for
property located at LOT 23, MAXWELL ADDITION. The property is zoned RSF-4, SINGLE FAMILY -
4 UNITS/ACRE and contains approximately 1.00 acres. The request is to divide the subject property into
two tracts of 0.36 and 0.64 acres. Planner: SUZANNE MORGAN
9. LSP 06-2042: Lot Split (RIGGINS, 141): Submitted by BLEW BATES AND ASSOCIATES for
property located at 4206 HUNGATE RD. The property is in the PLANNING AREA and contains
approximately 7.44 acres. The request is to divide the subject property into two tracts of 2.35 and 5.09
acres. Planner: SUZANNE MORGAN
10. LSD 06-2195: Large Scale Development (PRATT PLACE INN, 520): Submitted by CRAFTON,
TULL & ASSOCIATES for property located at THE WEST END OF MARKHAM ROAD, WEST OF
RAZORBACK ROAD. The property is zoned C-PZD 05-1670 and contains approximately 72.1 acres.
The request is for development of a seven bedroom inn, restaurant, cabins and accessory structures with
associated parking. Planner: ANDREW GARNER
11. CUP 06-2203: Conditional Use Permit (BAUGH, 290): Submitted by DIXIE MANAGEMENT &
INVESTMENT for property located at 127 W SUNBRIDGE DRIVE. The property is zoned R -O,
RESIDENTIAL OFFICE and contains approximately 1.06 acres. The request is to expand the existing,
approved childcare facility. Planner: SUZANNE MORGAN
12. CUP 06-2206: Conditional Use Permit (MENDENHALL, 324): Submitted by DEBBIE
MENDENHALL for property located at 2241 WOODLARK LANE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.37 acres. The request is for a home
occupation to provide child care. Planner: SUZANNE MORGAN
13. CUP 06-2208: Conditional Use Permit (MOORE, 409): Submitted by KELLY & MAX MOORE for
property located at 1793 N APPLEBURY PLACE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.59 acres. The request is for a detached 2nd dwelling unit.
Planner: JESSE FULCHER
14. RZN 06-2201: Rezoning (MARISCAL, 439): Submitted by DAVID MERSKY for property located
at 4041 WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and
contains approximately 1.50 acres. The request is to rezone the subject property to C-1, Neighborhood
Commercial. Planner: ANDREW GARNER
15. RZN 06-2199: Rezoning (RED ARROW NEIGHBORHOOD DOWNZONING): Submitted by
SUE MADISON for property located S OF 18TH STREET, ARROWHEAD AND CUSTER LANE. The
property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. The request is to
rezone the subject properties to RSF-4, Residential Single Family, 4 units per acre.
Planner: LEIF OLSON
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All
interested parties are invited to review the petitions. interpreters or TDD for hearing impaired are available for all public hearings; 72
hour notice is required. For further information or to request an interpreter, please call 575-8330.
Wivetevi1Ie
t ARKA N.SAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 23, 2006
PC Meeting of August 28, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 06-2234: Administrative Item: (MARRIOTT COURTYARD, 173): Submitted by SCOTT
SMITH OF CEI ENGINEERING on behalf of MARRIOT COURTYARD. The request is to extend
the construction approval period for the Large Scale Development.
Planner: JESSE FULCHER
BACKGROUND
Project Description: The subject 3.30 -acre site is located on at the northeast comer of Mall Avenue
and Van Asche Drive and is zoned C-2, Thoroughfare Commercial. On March 10, 2003 the
Planning Commission approved a large scale development for a 70,242 square foot hotel with 113
rooms and 123 parking spaces. The building permits were approved for the subject development on
August 28, 2003, however at this time construction of the building has not begun.
Proposal: The applicant requests extension of the allowable time limit to complete all required
tasks. The three (3) year time limit will expire on August 28, 2006. The extension would be for two
(2) additional years to complete the project. If the project has not been completed and received final
inspection approval and/or a final Certificate of Occupancy approval within the extension period, all
of the approved plans for the project shall be rendered null and void and permits will be revoked, in
accordance with City ordinances.
RECOMMENDATION
Planning Staff recommends approval of ADM 06-2234, the requested extension for LSD 05-1611,
with the following conditions:
1. The applicant shall be allowed until August 28, 2008 to complete the project, receive final
inspection approval and/or final Certificate of Occupancy approval, otherwise all approved
plans for the project shall be rendered null and void.
2. The proposed development shall comply with the recently adopted Lighting Ordinance for
the City of Fayetteville.
K:IReports120061PCReports108-28-061ADM 06-2234 (Marriott Courtyard Building Permit Lxtension).doc
August 28, 2006
Planning Commission
ADM 06-2234 (Marriott Courtyard)
Agenda Item 2
Page 1 of 6
3. All other conditions of approval for the project shall remain applicable.
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(c) gives the Planning
Commission authority to extend the required construction period by two (2) years from the date that
all permits are obtained. In order to extend this approval, the applicant must: (1) request the
extention prior to the three year time limit, and (2) show good cause why the tasks could not
reasonably be completed within the standard three year time period. If the three year extension is
granted, it is within this time that the applicant must complete the project and receive final inspection
approval and/or final Certificate of Occupancy approval.
(1) The applicant has submitted the extension request to the Planning Division on July 20, 2006,
prior to the three year time limit ending on August 28, 2006.
(2) The original owners/developers did not begin construction of the project within a time frame
that would allow for completion of the project. Beginning in July 2006, a new
owner/developer took over the project and began processing the necessary paperwork for
extension of the project. Additionally, new guarantees for public improvements have been
submitted and updated drawings have been presented to staff for construction to begin.
K:IReports120061PC Reports108-28-061ADM 06-2234 (Marriott Courtyard Building Permit 6xtension).doc
August 28, 2006
Planning Commission
ADM 06-2234 (Marriott Courtyard)
Agenda Item 2
Page 2 of 6
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits -
(A) Applicability. The provisions of this
section apply to all of the following plans
and permits:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Preliminary plats;
Planned zoning district developments;
Conditional uses;
Large-scale developments;
Lot splits;
Physical alteration of land permits;
Storm water, drainage, and erosion control
permits;
Tree preservation plans;
Sign permits; and,
(10) Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above -
enumerated plans and permits are
conditioned upon the applicant
accomplishing the following tasks within
one (1) year from the date of approval:
(a) For any renovation or new
construction, receive a building
permit; and/or,
(b) For a lot split, record a deed or
survey at the Washington County
Circuit Clerk's Office,
stamped for recordation by the City
Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and approvals
required by City, State, and Federal
regulations to start construction of
the development or project.
(2) Extensions. Prior to the expiration of the
one (1) year time limit, an applicant may
request the Planning Commission to
extend the period to accomplish the tasks
by up to one (1) additional year. The
applicant has the burden to show good
cause why the tasks could not reasonably
be completed
year Limit.
hin the normal one (1)
Expiration. If the required task(s) are not
completed within one (1) year from the
date of approval or during an allowed
extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant
completing the project and receiving
final inspection approval and/or a final
Certificate of Occupancy permit within
three (3) years from the date of issuance
of a Building Permit.
(2) Extensions. Prior to the expiration of
the three (3) year time limit, an
applicant may request the Planning
Commission to extend the three (3) year
period to complete the project by up to
two (2) additional years. The applicant
has the burden to show good cause why
the project could not reasonably be
completed within the three (3) year time
limit.
(3)
Expiration. If the applicant fails to
meet the requirements of subsection
(C)(1) within three (3) years from the
date of issuance of a Building Permit or
during an allowed extension period, all
of the above -enumerated plans and
permits shall be rendered null and void.
K: I Reports120061PC Repons108-28-06IADM 06-2234 (Marriott Courtyard Building Permit
tension).doc
August 28, 2006
Planning Commission
ADM 06-2234 (Marriott Courtyard)
Agenda Item 2
Page 3 of 6
(a
CEI Engineering Associates, Inc.
3317 SW "1" Street • P.O. Box 1408 • Bentonville, AR 72712-1408 • (479) 273-9472 • (479) 273-0844
August 8, 2006
City of Fayetteville
Planning Division
125 West Mountain Street
Fayetteville, AR. 72701
Distribution: RER—>BLM/File
RE: Proposed Marriott Courtyard / Lot 17B CMN Business Park
CEI Project #21851.0
Request for Large Scale Development Extension
Large Scale Development 03-7.00
At the request of our client, Mr. Mike Harrell, we respectfully submit this request
for an Extension of the approved Large Scale Development 03-7.00 to the City of
Fayetteville.
The request is requested to allow for additional time to complete construction of
this Large Scale Development. The original ownership did not staring the project
on time. The new ownership has started the project in July of 06 and the
schedule to complete the project is the fall of 2007. They are simply asking for
the appropriate time to complete the construction.
With the change in ownership and the start of construction in relationship to the
building permit date we request approval for Extension of Large Scale
Development 03-7.00
Respectfully,
72•
Scott D. Smith
Project Designer
Local Development / Public Works
August 28, 2006
P(Marriott
anning Commission
CALIFORNIA • ARIZONA • TEXAS • ARKANSAS • TENNESSEE • MINNESOTA • PENNSYLVANIA • GDM EORGIA •A bGRlCourtyard)
Page4of6
LSD03-7.00
Close Up View
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August 28, 006
Planning Commission
ADM 06-2234 (Marriott Courtyard)
Agenda -Hem 2
Page 5 of 6
One Mile View
MARRIOTT COURTYARD
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August 28, 2006.
Planning Commsion
hard)
Agenda Item 2
Page 6 of 6
PC Meeting of August 28, 2006
THE CITY OF F.AYET`CEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: August 23, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 06-2236: Administrative Item (CREEK MEADOW Final Plat): Submitted by
EGIS Engineering. The applicant requests to modify a condition of approval regarding
pavement of a temporary cul-de-sac. Planner: SUZANNE MORGAN
Background
On August 14, 2006, the Planning Commission approved the Creek Meadow Final Plat
on consent. The residential subdivision has 47 single family lots at a density of 1.5
DU/Acre. It is located east of Deane Solomon Rd., north of Clabber Creek, and
surrounded on the south and east by Lot #8, a permanent greenspace lot. The subject
tract is Lot #5 of C-PZD 03-08.00, a Commercial Planned Zoning District developed
under the name Springwoods that was approved by City Council on October 21, 2003.
Discussion
There is one street within the subdivision that stubs -out to the north for future extension.
Instead of requiring construction of the full street to the northern property line at this
time, staff recommended construction of a temporary cul-de-sac and money in lieu of
construction. Currently, the road is paved up to the cul-de-sac with the cul-de-sac
remaining gravel. The final plat was conditioned upon paving the cul-de-sac, prior to,
recordation of the plat.
There is a 45' water and sewer easement along the north property line through which a
sewer line will be installed at a later date. If the cul-de-sac were paved now, it will be
removed when the city installs the sewer line. Therefore, the applicant requests that the
pavement be guaranteed and not installed prior to recordation of the plat. Once the sewer
line is installed, the developer will pave the temporary cul-de-sac. The Engineering
Division is in support of this request.
K: I Reporls120061PC Reports108-28-061ADM 06-2236 (Creek Meadow Subdivision). doc
August 28, 2006
Planning Commission
ADM 06-2236 (Creek Meadow)
Agenda Item 3
Page 1 of 6
Recommendation
Condition of Approval #3 states the following:
The temporary cul-de-sac shall be paved in accordance with City of
Fayetteville standards prior to recordation of the final plat.
Staff recommends the modification of this Condition of Approval so that it now
states,
The developer shall submit a guarantee for the cost of paving the
temporary cul-de-sac prior to recordation of the final plat. Pavement
shall be installed on the cul-de-sac by the developer after the
installation of city utilities or as determined by the Engineering
Division.
K: I Reports120061PC Reparts108-28-061ADM 06-2236 (Creek Meadow Subdivision).doc
August 28, 2006
Planning Commission
ADM 06-2236 (Creek Meadow)
Agenda Item 3
Page 2 of 6
August 21, 2006
EGIS ENGINEERING, INC.
314 South Main
Bentonville, AR 72712-5903
Web: www.egis-env.com
Suzanne Morgan
Associate Planner
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
(479) 271-9252
(479) 271-8627 (fax)
egis@egis-env.com
RE: FPL 06-2154: Final Plat (Creek Meadow Subdivision, 247)
Dear Suzanne,
We would like to request that Condition number 3 of the Conditions of Approval of the
final plat be removed. The condition is as follows:
The temporary cul-de-sac shall be paved in accordance with the City of
Fayetteville standards prior to recordation of the final plat.
In discussions with Matt Casey of the Engineering Department it was noted that a new
sewer main will be constructed in this area in the near future at which time the area will
be disturbed by construction activities. Item number 2 of the Conditions of Approval
provides that the Applicant pay a fee in lieu of construction for extending this street at
some time in the future. The applicant has agreed to pay this fee which will address the
street extension after the utility construction is completed. Condition number 2 does not
cover the cost of paving the temporary cul-de-sac.
Thank you,
Gary Davis, P.E.
Project Manager
August 28, 2006
Planning Commission
ADM 06-2236 (Creek Meadow)
Agenda Item 3
Page 3 of 6
FPL06-2154
Close Up View
CREEK MEADOW SUBDIVISION
Overview
Legend
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100 YEAR — — LIMIT OF STUDY
— — - Baseline Profile
O Fayetteville
Outside City
FPL06-2154
vectorPDB.Foatprint2004
low Hillside -Hilltop Overlay District
0 175 350 700 1,050 1,400
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August 28, 20
Planning Commissi
ADM 06-2236 (Creek Meado
A.enda Item
n
3
Page 4 of 6
FPL06-2154
One Mile View
CREEK MEADOW SUBDIVISION
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Legend
Subject Property
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Boundary
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Legend
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iles
August 28, 2006
Planning Commi sion
ADM 06-2236 (Creek Meadow)
Agenda Item 3
Page 5 of 6
August 28, 2006
Planning Commission
ADM 06-2236 (Creek Meadow)
Agenda Item 3
Page 6 of 6
eue _#2 .
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 23, 2006
PC Meeting of August 28, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 06-2235: Administrative Item: (SCOTTSWOOD PLACE, 558): Submitted by H2
ENGINEERING for property located at NE OF OLD FARMINGTON RD. AND ONE MILE RD.
The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-1922. The
request is for a waiver of street requirements for a portion of the approved PZD.
Planner: JESSE FULCHER
BACKGROUND
Project Description: A Residential Planned Zoning District was approved for the subject property
on May 2, 2006 by the Fayetteville City Council. The development consists of 11 single-family
detached dwelling units and 6 single-family attached units on approximately 5 acres, located
northeast of Old Farmington Road and One Mile Road. Building permits have not been requested,
however, City staff is currently reviewing construction drawings.
Proposal: The applicants are requesting a waiver of the City of Fayetteville Minimum Street
Standards. The first 100' from an intersection cannot exceed a 4% slope. The applicants are
requesting a slope of 8.5%-9.96%.
There is an existing 36" water transmission main that runs parallel to the front property line of the
subject property. Constructing the street over the water main at the maximum 4% slope would
reduce the cover over the water main to an unacceptable level. Granting the wavier request will
allow the City of Fayetteville to maintain a safe level of cover over the water main, while not
creating an unsafe traffic situation at the intersection of the proposed street and Old Farmington
Road.
RECOMMENDATION
Planning Staff recommends approval of ADM 06-2235 with the following conditions:
1. The Engineering Depail lent shall review and approve all construction plans prior to
approving grading and/or building permits for said property.
K: Vteports120061PCReports108-28-061ADM 06-2235 (Scottswood Place street waiver).doc
August 28, 2006
Planning Commission
ADM 06-2235 (Scottswood Place)
Agenda Item 4
Page 1 of 8
171.02 Intersections
(A) Streets shall be planned and designed to provide a safe system for present and prospective
traffic and shall be approved by the City Engineer.
(B) Proposed streets shall be planned in such a manner as to provide safe access to proposed lots.
(C) Design standards:
Minimum Curb Radius
Ordinary
Hilly
Approach
25 mph
20 mph
Sight distance
90 feet
70 feet
Grades within
100 ft.
Flat
4%
Minimum angle
75°
75°
Minimum Curb Radius
Minor streets
30 feet
30 feet
Collector streets
50 feet
50 feet
Minimum Jog
Minor streets
150 feet
150 feet
Collector streets
200 feet
200 feet
(Code 1965, App. C., Art. IV, §E Ord. No. 2196, 2-17-76; Code 1991, §159.50; Ord. No. 4100, §2 (Ex. A),
6-16-98)
K:IReports120061PC Reports108-28-061ADM 06-2235 (Scottswood Place street wainer).doc
August 28, 2006
Planning Commission
ADM 06-2235 (Scottswood Place)
Agenda Item 4
Page 2 of 8
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 479-575-8206
ENGINEERING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Matt Casey P.E., Assistant City Engineer
DATE: August 23, 2006
SUBJECT: Scottswood Place Waiver Request
A waiver request has been submitted by H2 Engineering regarding the grade within the first 100' of
the intersection with Old Farmington Road. The City of Fayetteville Minimum Street Standards call
for the first 100' from an intersection to be at a slope of no greater than 4%. If this requirement is
followed for this development, the cover over the City's 36" water transmission main will be
lessened to an unacceptable level. It is my opinion that the grade can be increased as requested and
not cause an unsafe traffic condition in this area. Making these changes will allow the City of
Fayetteville to maintain a safe level of cover over the water main across this property. I would
recommend that the grade be changed slightly to allow a smooth vertical curve from the edge of
pavement at Old Farmington Road up into the proposed street. When this change is made, the
engineer will need to be careful to not exceed the maximum grade of 15% on the new street.
August 28, 2006
Planning Commission
ADM 06-2235 (Scottswood Place)
Agenda Item 4
Page 3 of 8
cE12
ENGINEERING, INC.
August 21, 2006
Planning Commission
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: SCOTTSWOOD PLACE — WAIVER REQUEST
Dear Commissioners:
Scottswood Place is an approved R-PZD for which we are finalizing construction plans.
A portion of the property is located within the limits of the hillside overlay district. Please
accept this letter as an official request of waiver to exceed the maximum 4% grade for
the first 100' from the intersection.
The intersection of our proposed street is restricted by two variables: (1) minimum cover
requirements for an existing 36" water main and a 6 5/8" high pressure gas line, and (2)
a concerted effort to minimize disturbance of trees and land in what is proposed as a
tree preservation area located within the hillside overlay district.
If we extend the 4% grade, the cover over the high pressure gas main is reduced to 2.27
feet, and the cover over the 36" water line is only 3.01 feet. Furthermore, the remaining
portion of the street profile transitions into a 20% grade.
We are proposing an 8.5% grade extending from Old Farmington Road, which
transitions to a 9.96% grade to the cul-de-sac. The cover over the high pressure gas
main is 3.57 feet, and the cover over the 36" water line is 5.49 feet.
Thank you for your consideration in this matter. Please feel free to call if you have any
questions or comments:
Respectfully,
K' p Hear e, P.E
Vice -President
August 28, 2006
Planning Commission
ADM 06-2235 (Scottswood Place)
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.H2E1 Fax 479.�"`lg
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M 06-2235 (Scottswood Place )
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Page 7 of 8
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August 28, 2006
Planning Commission
ADM 06-2235 (Scottswood Place)
Agenda Item 4
Page 8 of 8
%111 141.
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: August 22, 2006
PC Meeting of August 28, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
CUP 06-2176: (MCMAHON, 291): Submitted by TIM & JENNIFER MCMAHON for
property located at N OF TOWNSHIP ST., W OF COMMON DR. The property is zoned RSF-
4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.91 acres. The request is
for a tandem lot.
Planner: Jesse Fulcher
RECOMMENDED MOTION: Staff recommends approval of a conditional use to create a
tandem lot subject to the following conditions:
1. Development on the proposed tandem lot shall be limited to one single-family home and
permitted accessory structure(s), pursuant to city code.
2. The lot split to create the lot of record shall be approved by the City and filed of record
for this conditional use to be in effect.
3. A new driveway shall be constructed to a minimum of 25' in length from the intersection
of the paved street, to be maintained by the tandem lot owner and comply with City
standards to provide safe and adequate emergency service access. The driveway shall be
utilized as the single point of ingress and egress for each lot.
4. The driveway shall not be constructed closer than 5 feet to an adjacent property line at the
right-of-way. Both tracts shall be accessed by utilizing the existing, single curb -cut.
5. Complete building and site plans compliant with City regulations shall be submitted and
approved to secure a building permit for structures to be built upon the tandem lot.
6. Development of the tandem lot shall comply with the requirements of the Hillside/Hilltop
Development Overlay District.
7. Prior to issuance of a Certificate of Occupancy the applicant shall coordinate with the
Solid Waste Division for appropriate solid waste disposal. Staff recommends the use ofa
residential cart that is be wheeled to an appropriate location on Township Street on
collection day only and comply with solid waste collection for the surrounding
K: IReporml20061 PC Reports108-28-061 CUP 06-2176 (McMahon).doc
August 28, 2006
Planning Commission
CUP 06-2176 (McMahon)
Agenda Item 5
Page 1 of 14
properties.
8. Minimum building setbacks shall be 20' from all property lines for the tandem lot and
25' from the right-of-way.
9. Public water and/or sewer mains shall be extended as required by city ordinance to serve
this property.
10. The Sidewalk Coordinator recommends money in lieu of sidewalk construction in the
amount of $630 for one single-family dwelling to be paid prior to the issuance of a
building permit.
PLANNING COMMISSION ACTION: Required YES
El Approved T Denied
Date: August 28, 2006
Motion:
Second:
Vote:
Comments:
The CONDITIONS OF APPROVAL listed in this report are accepted in total without
exception by the entity requesting approval of this conditional use.
Name: Date:
BACKGROUND:
Proposal: The applicant requests lot split and tandem lot approval at 1036 E. Township. The
subject property and surrounding lots are zoned RSF-4 and partially located within the
Hillside/Hilltop Overlay District (HHOD). One single family dwelling exists on the 1.91 -acre
property. The owner desires to subdivide the property into two lots of 1.55 acres and 0.36 acres.
The new 1.55 acre lot would be utilized for a single-family residence.
The RSF-4 zoning district requires a minimum 70' lot width adjacent to the right-of-way. The
applicant desires approval of a conditional use permit for the creation of a tandem lot with a 25'
lot width adjacent to Township St. The lot split and conditional use may be approved by the
Planning Commission as a tandem lot, defined in the Unified Development Code as: A lot which
does not have required frontage on a public street and which is located behind a lot or a portion
K:IReports120061PC Reports108-28-061CUP 06-2176 (McMahonjdoc
August 28, 2006
Planning Commission
CUP 06-2176 (McMahon)
Agenda Item 5
Page 2 of 14
of a lot which does have frontage on a public street.
Recommendation: Staff is in support of granting a conditional use for development of a tandem
lot in this location. The result of this action will be the development of an additional single
family lot on a tract that is larger than those developed in the vicinity.
Surrounding Land Use:
Direction
Land Use
Zoning
North
Single family homes
RSF-4
South
Single family homes
RSF-4
East
Single family homes
RSF-4
West
Single family homes
RSF-4
GENERAL PLAN DESIGNATION: Residential
• 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a tandem lot on property zoned RSF-4.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
K:IReports12006IPC Reports108-28-061CUP 06-2176 (McMahon).doc
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Planning Commission
CUP 06-2176 (McMahon)
Agenda Item 5
Page 3 of 14
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under § 163.13 (see attached) to
grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Staff fords that granting the requested conditional use will not adversely
affect the public interest. This action will allow the subject property to be
developed in harmony with surrounding properties, which are primarily
single family homes. The amount of traffic and noise proposed with this
request will not noticeably increase. Township Street, by which this property
will be accessed, is designated as a Collector Street by the Master Street Plan.
Staff fmds that the means of access and traffic generated by the proposed
single family lot will not adversely affect any adjacent property.
(c.) The Planning Commission shall certify:
(1.)
Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: There is a driveway for the existing home, which will be
utilized as the single point of ingress and egress for each lot.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
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Planning Commission
CUP 06-2176. (McMahon)
Agenda Item 5
Page 4 of 14
Finding: N/A
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: The applicant shall coordinate with the Solid Waste division for appropriate
solid waste disposal. Staff recommends the use of a residential cart that is be
wheeled to an appropriate location on collection day only and comply with
solid waste collection for the surrounding properties.
(d) Utilities, with reference to locations, availability,
and compatibility;
Finding: Appropriate public utilities shall be extended to serve the proposed
development, as required by city ordinance or utility providers. A 20' utility
easement is to be platted from Township Street right-of-way along the entire
east property line of the tandem lot to provide adequate extension of utilities.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Residential uses are not required to be screened.
(£)
Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: No signage is being proposed.
(g.) Required yards and other open space; and
Finding: The proposed development shall meet all setbacks for a single family unit on
a tandem lot, which is 20 feet from all property lines and 25' from the right-
of-way.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: The proposed single family home is compatible with the surrounding single
family neighborhood.
K:IRepor(s12006IPC Reports108-28-06ICUP 06-2176 (McMahon).doc
August 28, 2006
Planning Commission
CUP 06-2176 (McMahon)
Agenda Item 5
Page 5 of 14
CHAPTER 163: USE CONDITIONS
163.13 Tandem Lot Development
(A) Where allowed. Tandem lot development shall be permitted for single-family
dwellings only and shall be a conditional use in all districts where single-family
dwellings are permitted. The development of one tandem lot behind another
tandem lot shall be prohibited.
Finding: The proposed lot is not located behind another tandem lot, and the
conditions of approval restrict development on said lot to one (1) single
family home with appropriate accessory structures, as allowed by ordinance.
(B) Requirements. Before any conditional use for tandem lot development shall be
granted, the Planning Commission shall determine that:
(1) Tandem lot development will not significantly reduce property values in
the neighborhood. In determining whether property values will be
significantly reduced, the Planning Commission shall consider the size of
nearby Lots in comparison with the proposed tandem lot or lots.
Finding: Staff finds the proposed tandem lot will not reduce property values. The
subject property consists of a large (1.55 -acre) tract of land, which is
comparable in size, if not larger than the surrounding properties. Lots such
as this have already been created in this neighborhood.
(2) The terrain of the area in which the tandem lot is proposed is such that
subdivision of said area into a standard block in accordance with
Development, Chapter 166 is not feasible.
Finding: Development of this property into a subdivision with standard blocks at a
density of up to four units per acre is not feasible. The terrain in the area
varies dramatically, and is highly populated with tree canopy. The location
of the existing dwelling on this lot prevents the applicant from subdividing
the lot in conformance with the RSF-4 zoning district regulations for those
properties within the HHOD.
(3)
The tandem lot will have access to a public street by way of a private drive
with a minimum width of 25 feet of equal and uniform width. The tandem
lot owner shall be responsible for maintaining said 25 -foot private drive so
that sanitation and emergency vehicles have safe access to the dwelling
located on the lot. The tandem lot owner shall have title to, or a perpetual
private easement in, the private drive. If the private drive intersects a
K IReports120061PC Repons108-28-061CUP 06-2176 (McMahon).doc
August 28, 2006
Planning Commission
CUP 06-2176 (McMahon)
Agenda Item 5
Page 6 of 14