HomeMy WebLinkAbout2011-05-23 - Agendas - FinalPlanning Commission
Officers
Matthew Cabe, Chair
Porter Winston, Vice -Chair
Sarah Bunch, Secretary
aye
evtlle
ARKANSAS
Draft Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
May 23, 2011
Planning Commissioners
William Chesser
Kyle Cook
Hugh Earnest
Craig Honchell
Tracy Hoskins
Jeremy Kennedy
A meeting of the Fayetteville Planning Commission will be held on May 23, 2011 at 5:30 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Planning Commission Service Award to Jeremy Kennedy
Agenda Session Presentations, Reports and Discussion Items
Consent:
1. Approval of the minutes from the May 09, 2011 meeting.
Old Business:
2. CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484):
Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is
zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for
a conditional use permit for a reduction of required parking spaces pursuant to Chapter 172,
Parking and Loading. Planner: Andrew Gamer
THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL JUNE 13, 2011.
New Business:
3. CUP 11-3836: Conditional Use Permit (305 POWDERHORN DRIVE/MOUNTAIN
RANCH POA, 478): Submitted by MOUNTAIN RANCH POA for property located at 305
POWDERHORN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS/ACRE and contains approximately 0.60 acre. The request is for approval of Use Unit 4
to allow a property owner commons area including a bathhouse, park, picnic area, pool,
playground, and associated parking. Planner: Dara Sanders
4. RZN 11-3831: Rezone (209 W. MARTIN LUTHER KING BLVD. /KUM & GO, 522):
Submitted by CEI ENGINEERING for property located at 209 WEST MARTING LUTHER
KING BOULEVARD. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24
UNITS/ACRE and contains approximately 2.64 acres. The request is to rezone the subject
property to UT, URBAN THOROUGHFARE. Planner: Jesse Fulcher
5. RZN 11-3835: Rezone (3710 WEST MARTIN LUTHER KING BLVD. /ZAIFI, 556/595):
Submitted by Submitted by MEHDI ZAIFI for property located at 3710 WEST MARTIN
LUTHER KING BOULEVARD. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 1.20 acres. The request is to rezone the subject
property to UT, URBAN THOROUGHFARE. Planner: Dara Sanders
The following item has been approved administratively by City staff:
LSP 11-3814: Lot Split (DEANE STREET/BRISIEL, 365): Submitted by TIM BRISIEL for
property located at 1633, 1641, & 1645 DEANE STREET. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.69 acres. The request is to
divide the subject property into four tracts of approximately 0.24, .024, 0.35, and 0.88 acre.
Planner: Andrew Garner
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. If you wish to address
the Planning Commission on an agenda item please queue behind the podium when the Chair
asks for public comment. Once the Chair recognizes you, go to the podium and give your name
and address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate appointed official, staff or others for response. Please
keep your comments brief to the point, and relevant to the agenda item being considered so
that everyone has a chance to speak.
Interpreters or TDD, Telecommunication Device for the Deaf are available for all public
hearings; 72 hour notice is required. For further information or to request an interpreter,
please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available
for inspection in the office of City Planning (575-8267), 125 West Mountain Street,
Fayetteville, Arkansas. All interested parties are invited to review the petitions.
Planning Commission
May 9, 2011
Page 1 of 12
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on May 9, 2011 at 5:30 p.m. in Room
219, City Administration Building in Fayetteville, Arkansas.
ITEMS DISCUSSED
Consent:
MINUTES: May 9, 2011
Page 3
New Business:
ACTION TAKEN
Approved
CUP 11-3825: Conditional Use Permit (1633, 1641, and 1645 DEANE ST., 365)
Page 4 Approved
CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484)
Page 5 Tabled
11-3790: Conditional Use Permit (2356 N. COLLEGE/MONTES, 329)
Page 6
RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523)
Page 7
RZN 11-3805: Rezone (FALLING WATERS, 685)
Page 8
RZN 11-3806: Rezone (WOODBURY, 137)
Page 9
RZN 11-3807: Rezone (CHAMPIONS CLUB CONDOS, 599)
Page 11
RZN 11-3808: Rezone (WESTSIDE STORAGE, 400)
Page 12
Approved
Forwarded
Forwarded
Forwarded
Forwarded
Forwarded
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 1 of 12
Planning Commission
May 9, 2011
Page 2 of 12
MEMBERS PRESENT MEMBERS ABSENT
Craig Honchell
William Chesser
Hugh Earnest
Tracy Hoskins
Jeremy Kennedy
Porter Winston
Matthew Cabe
Kyle Cook
STAFF PRESENT
Andrew Garner
Dara Sanders
CITY ATTORNEY
Kit Williams, City Attorney
Sarah Bunch
STAFF ABSENT
Jeremy Pate
Jesse Fulcher
Glenn Newman
Karen Minkel
Matt Casey
5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order.
Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening
devices were available. Upon roll call all members were present.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 2 of 12
Planning Commission
May 9, 2011
Page 3 of 12
Consent:
Approval of the minutes from the May 9, 2011 meeting.
Motion:
Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Earnest seconded
the motion. Upon roll call the motion passed with a vote of 7-0-0.
(Commissioner Chesser arrived after the consent agenda.)
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 3 of 12
Planning Commission
May 9, 2011
Page 4 of 12
New Business:
CUP 11-3825: Conditional Use Permit (1633, 1641, AND 1645 DEANE STREET, 365): Submitted by
JORGENSEN AND ASSOCIATES for property located at 1633, 1641, AND 1645 DEANE STREET. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately
1.69 acre. The request is to allow a tandem lot on the subject property.
Andrew Garner, Senior Planner gave the staff report, requesting that the commission strike condition of
approval #6.
Tim Brisiel, applicant discussed their request and stated agreement with the recommended conditions of
approval.
No public comment was presented.
Commissioner Cook asked if this was a similar request as the last one.
Garner stated that yes it was almost identical to the previous request.
Kit Williams, City Attorney, discussed condition of approval #6 is not needed because
ordinance.
Motion:
s required by
Commissioner Cook made a motion to approve CUP 11-3825 striking condition of approval #6.
Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 4 of 12
Planning Commission
May 9, 2011
Page 5 of 12
CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by
ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN
STREET/CENTER and contains approximately 0.75 acre. The request is for outdoor music in the parking lot
which requires a conditional use permit for Use Unit 35, Outdoor Music, and a reduction of required parking
spaces pursuant to Chapter 172, Parking and Loading.
Andrew Garner, Senior Planner, gave the staff report discussing that staff is working with the applicant to
modify this request and that staff recommends this item be tabled.
Paula Marinoni, neighbor, discussed that music at this location has always been a problem. The neighbors are
against outdoor music.
Motion:
Commissioner Chesser made a motion to table this request until the May 23, 2011 Planning Commission
meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-
0.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 5 of 12
Planning Commission
May 9, 2011
Page 6 of 12
CUP 11-3790: Conditional Use Permit (2356 N. COLLEGE/MONTES, 329): Submitted by CHRIS
SHIRLEY for property located at 2356 NORTH COLLEGE AVENUE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 0.61 acre. The request is for parking in
excess of that permitted in Chapter 172, Parking and Loading.
Dara Sanders, Current Planner, gave the staff report discussing that staff is working with the applicant to
modify this request and that staff recommends this item be tabled.
Chris Shirley, applicant, discussed that there is adequate parking for both businesses.
No public comment was presented.
Commissioner Winston discussed that it appeared there was an adequate number of spaces.
Commissioner Cook asked about shared parking for surrounding businesses.
Motion:
Commissioner Winston made a motion to approve CUP 11-3790. Commissioner Kennedy seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 6 of 12
Planning Commission
May 9, 2011
Page 7 of 12
RZN 11-3804: Rezone (EAST SQUARE DEVELOPMENT, 523): Submitted by CITY OF
FAYETTEVILLE PLANNING DIVISION for property located at the NORTHWEST CORNER OF
MOUNTAIN STREET AND COLLEGE AVENUE. The property is zoned C-PZD, COMMERCIAL
PLANNED ZONING DISTRICT 05-1610 and contains approximately 1.01 acres. The request is to revoke
the PZD pursuant to 166.06(C) and rezone the subject property to DC, DOWNTOWN CORE.
Dara Sanders, Current Planner, gave the staff report
No public comment was presented.
Commissioner Hoskins, discussed expired PZDs and asked about vacant lots in PZD developments.
Andrew Garner, Senior Planner, discussed the phasing process and deadlines for different types of PZDs.
Commissioner Hoskins stated that in general he felt it would be better to leave PZDs dead.
Sanders stated that staff felt this site was appropriate to be rezoned to DC, Downtown Core.
Commissioner Kennedy asked about how the approved PZD related to what is proposed.
Sanders discussed the difference in height between the approved PZD and proposed DC zoning.
Motion:
Commissioner Chesser made a motion to forward RZN 11-3804 to City Council with a recommendation of
approval. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 8-
0-0.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 7 of 12
Planning Commission
May 9, 2011
Page 8 of 12
RZN 11-3805: Rezone (FALLING WATERS, 685): Submitted by CITY OF FAYETTEVILLE
PLANNING DIVISION for property located EAST OF DEAD HORSE MOUNTAIN ROAD. The property is
zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 05-1635 and contains approximately 136.70
acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to R -A,
RESIDENTIAL AGRICULTURAL.
Andrew Garner, Senior Planner, gave the staff report.
No public comment was presented.
Motion:
Commissioner Kennedy made a motion to forward RZN 11-3805 to City Council with a recommendation of
approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-
0.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 8 of 12
Planning Commission
May 9, 2011
Page 9 of 12
RZN 11-3806: Rezone (WOODBURY, 137): Submitted by CITY OF FAYETTEVILLE PLANNING
DIVISION for property located SOUTH OF ZION ROAD AND EAST OF TALIESIN LANE. The property
is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 06-2190 and contains approximately
11.66 acres. The request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to NC,
NEIGHBORHOOD CONSERVATION.
Dara Sanders, Senior Planner, gave the staff report.
Marla Williams, lives on Taliesin Lane west of this neighborhood as what the Neighborhood Conservation
zoning means?
Sanders described the Neighborhood Conservation zoning district.
Commissioner Hoskins asked about public notification.
Sanders explained that the standard notification requirements for a rezoning were met.
No more public comment was presented.
Commissioner Hoskins discussed the existing infrastructure in this neighborhood and the difficulty of
developing under the Neighborhood Conservation zoning.
Kit Williams, City Attorney, discussed that he was in favor of rezoning these properties. The PZD has expired
and the property needs to be zoned something that can be utilized.
Commissioner Kennedy asked about the email from Debbie Santeford regarding street lights and private
streets.
Andrew Garner, Senior Planner, discussed private street requirements.
Williams discussed that maintenance of private streets are the responsibility of the POA.
Commissioner Chesser discussed that in the future if someone wants to do a PZD with private streets that
maybe the City could require a guarantee up front to ensure that these issues are avoided.
Commissioner Honchell asked about the rights of existing property owners in the neighborhood.
Williams discussed that he doesn't think the City is taking away rights with the proposed rezoning.
Commissioner Hoskins, discussed reasons of concern for rezoning this expired PZD. He recommended that on
something like this if it needs to be rezoned it should go back to the R -A zoning that was in place before the
PZD.
Williams discussed background for private covenants within neighborhoods.
Commissioner Hoskins discussed that that one majority vote, the bank, could outvote all the existing property
owners that own houses in this neighborhood
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 9 of 12
Planning Commission
May 9, 2011
Page 10 of 12
Motion:
Commissioner Chesser made a motion to forward RZN 11-3806 to City Council with a recommendation of
approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-2-
0 (Commissioners Honchell and Hoskins voting `No').
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 10 of 12
Planning Commission
May 9, 2011
Page 11 of 12
RZN 11-3807: Rezone (CHAMPIONS CLUB CONDOS, 599): Submitted by CITY OF FAYETTEVILLE
PLANNING DIVISION for property located at the SOUTHWEST CORNER OF RAZORBACK ROAD
AND 15TH STREET, EAST OF THE CROWNE APARTMENT. The property is zoned R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT 07-2551 and contains approximately 4.42 acres. The
request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to UT, URBAN
THOROUGHFARE.
Andrew Garner, Senior Planner, gave the staff report.
No public comment was presented.
Commissioner Cook, asked about this expired PZD reverting back to the original zoning.
Kit Williams, City Attorney, discussed that his initial opinion was that expired PZDs should revert back to the
previous zoning, however, he stated that this project is a good example of why it shouldn't automatically revert
back to the original zoning because it would go back to an Industrial zoning, which is not appropriate at this
time.
Motion:
Commissioner Kennedy made a motion to forward RZN 11-3807 to City Council with a recommendation of
approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-
0-0.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 11 of 12
Planning Commission
May 9, 2011
Page 12 of 12
RZN 11-3808: Rezone (WESTSIDE STORAGE, 400): Submitted by CITY OF FAYETTEVILLE
PLANNING DIVISION for property located at 1192 RUPPLE ROAD. The property is zoned I-PZD,
INDUSTRIAL PLANNED ZONING DISTRICT 08-3062 and contains approximately 5.05 acres. The
request is to revoke the PZD pursuant to 166.06(C) and rezone the subject property to R -O, RESIDENTIAL
OFFICE.
Dara Sanders, Senior Planner, gave the staff report discussing that staff is working with the applicant to
modify this request and that staff recommends this item be tabled.
No public comment was presented.
Commissioner Cook, asked about comments from the property owner.
Andrew Garner, Senior Planner, discussed that he had not personally spoken with the property owner, but that
he believed the Development Services Director had talked to the property owner who discussed that he hoped
the I-PZD project would go through, but understood the rationale for it going back to R -O since the PZD has
expired.
Commissioner Kennedy asked about access.
Kit Williams, City Attorney, discussed previous Bills of Assurance addressed issues regarding access and tree
preservation. He recommended that these previous Billis of Assurance be discussed further before the rezoning
is approved.
Motion:
Commissioner Cook made a motion to forward RZN 11-3808 to City Council with a recommendation of
approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-
0.
There being no further business, the meeting was adjourned at 7:00 PM.
May 23, 2011
Planning Commission
PC Minutes 05-09-2011
Agenda Item 1
Page 12 of 12
ave cRYAlle
/
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: May 19, 2011
PC Meeting of May 23, 2011
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484):
Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is
zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for
a conditional use permit for a reduction of required parking spaces pursuant to Chapter 172,
Parking and Loading. Planner: Andrew Garner
THE APPLICANT IS IN THE PROCESS OF MODIFYING THEIR REQUEST TO
ADDRESS CITY STAFF'S CONCERNS (SEE ATTACHED EMAIL).
STAFF RECOMMENDS THAT THIS ITEM BE TABLED UNTIL THE JUNE 13, 2011
PLANNING COMMISSION MEETING.
G:IETCIDerelopment Services Review120111Development Review11l-3811 CUP 339 N West Ave. Ste 3 (Rock Botto (32Alga 'or'rt�missi
nin on
Comrnission105-23-20111Camnents and Redlines an
CUP 11-3811 Rock Bottom
Agenda Item 2
Page 1 of 4
i (5/19/2011) Andrew Garner Re: West end conditional use permit? Page 1
From:
To:
Date:
Subject:
Zac Wooden <zwooden@gmail.com>
Andrew Garner <agamer@ci.fayetteville.ar.us>
5/17/2011 2:02 PM
Re: west end conditional use permit?
Yes. Only thing we are asking for is the parking.
Sent from my iPhone
On May 17, 2011, at 11:39 AM, "Andrew Garner" <agarner@ci.fayetteville.ar.us> wrote:
> Zac,
> Okay, we will recommend the Planning Commission table this item until June 13th. Are still planning on withdrawing the request
for outdoor music?
> Andrew
> »> "Zac Wooden" <zwooden@gmail.com> 5/17/2011 10:52 AM »>
> Andrew- #2 and #3 are done. We are no longer in a huge hurry as we were mostly rushing for graduation, but we definitely still
plan on completing everything. Please table this matter for now. In a week or two we should have everything in your hands for the
next meeting.
> Thank you for your patience
> Zac
> From: Andrew Garner [mailto:agarner@ci.fayetteville.ar.usj
> Sent: Tuesday, May 17, 2011 10:04 AM
> To: zwooden@gmail.com
> Cc: Jeremy Pate
> Subject: Fwd: Re: west end conditional use permit?
> Zac,
> We are finalizing the May 23rd Planning Commission agenda. Have the four items noted below been completed? If not, this item
will need to be tabled again.
> Thanks,
> Andrew
> Andrew M. Garner, AICP
> Senior Planner
> City of Fayetteville
> 125 West Mountain Street
> Fayetteville, Arkansas 72701
> Te1.479.575.8262
> Fax.479.575.8202
> agarner@ci.fayetteville.ar.us
> www.accessfayetteville.org
> Telecommunications Device for the Deaf: (479) 521-1316
> >» Andrew Garner 5/3/2011 2:25 PM »>
> Zac,
> Yes, here is Ole update. Jeremy Pate discussed your application further with the mayor's office and theajirnd police chiefs. It
sounds like we could probably get tie chiefs to submit a letter withdrawing their objections if the following four things get
accomplished: ,
> 1. We will need a letter from Greg House indicating that he will allow shared parking for the parking spaces that will be used
during your events. Prior to the actual events we will need a copy of the executed shared parking agreement between you guys.
> 2. Set up a meeting with the Fire Marshall (Terry Lawson) and Building Official (David Molaschi) to establish an occupancy load
for these events. (Call Terry at 718-7639 and David at 575-8229)
> 3. Establish an approved fire access route with the Fire Marshall.
May 23, 2011
Planning Commission
CUP 11-3811 Rock Bottom
Agenda Item
Page 2 of 4
a
(5/19/2011) Andrew Garner - Re: west end conditional use permit? Page 21
> 4. Submit a letter to our office withdrawing your request for outdoor music. Your conditional use permit would then be only for
shared parking.
> At this point I think we need to table this item at least for two weeks to get these four items accomplished. So that would bump
back this request until May 23rd. Does that sound okay with you?
> Thanks,
> Andrew
> Andrew M. Garner, AICP
> Senior Planner
> City of Fayetteville
> 125 West Mountain Street
> Fayetteville, Arkansas 72701
> Te1.479.575.8262
> Fax.479.575.8202
> agarner@ci.fayetteville.ar.us
> www.accessfayetteville.org
> Telecommunications Device for the Deaf: (479) 521-1316
> »> "Zac Wooden" <zwooden@gmail.com> 5/3/2011 1:20 PM »>
> Andrew-
> Have you heard anything else about the possibility of our permit being issued (with out music)?
> Thanks
> Zac
May 23, 2011
Planning Commission
CUP 11-3811 Rock Bottom
Agenda Item 2
Page 3 of 4
May 23, 2011
Planning Commission
CUP 11-3811 Rock Bottom
Agenda Item 2
Page 4 of 4
aye
evl le
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Subdivision Committee
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: May 19, 2011
PC Meeting of May 23, 2011
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
CUP 11-3836: Conditional Use Permit (305 POWDERHORN DRIVE/MOUNTAIN RANCH
POA, 478): Submitted by MOUNTAIN RANCH POA for property located at 305 POWDERHORN
DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and
contains approximately 0.60 acre. The request is for approval of Use Unit 4 to allow a property
owner commons area including a bathhouse, park, picnic area, pool, playground, and associated
parking. Planner: Dara Sanders
Findings:
Background and property description: The subject property is located in Phase 1 of the Mountain
Ranch Subdivision, west of I-540 and south of the Boys and Girls Club, at 305 Powderhom Drive
and is zoned RSF-4, Residential Single Family Four Units/Acre. The 0.6 -acre site is owned by the
Property Owners Association (POA) and is currently undeveloped. Construction of single-family
homes is still occurring in this 119 -lot subdivision. The surrounding zoning and land use is listed in
Table 1.
Table 1
Surrounding Land Use and Zonin
Direction
Land Use
Zoning
North
Single family dwellings
RSF-4, Residential Single Family 4
nnitc/arre
South
Undeveloped future phase of the
Mountain Ranch Subdivision
RSF-8, Residential Single Family 8
units/acre
East
Single family residential
RSF-4, Residential Single Family 4
units/acre
West
Single family residential
RSF-4, Residential Single Family 4
units/acre
Proposal: The Mountain Ranch Subdivision POA proposes to develop the subject property for a
neighborhood recreational facility to include a bathhouse, park, picnic area, pool, playground, and
associated parking. The facility is proposed to be open between the hours of 8:00 AM and 8:00 PM.
Request: The applicant has requested a conditional use permit to allow for Use Unit 4, Cultural and
Recreational Facilities, in the RSF-4 zoning district.
Public Comment: Staff has not received any public comment regarding the requested conditional use.
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 1 of 12
Water/Sewer: Public water and sewer are available to this site.
Recommendation: Staff recommends approval of CUP 11-3836, subject to the following
conditions:
Conditions of Approval:
1. Prior to the issuance of a building permit, the applicant shall submit a Site
Improvement Plan Application for staff review and approval prior to the development
of the site for the proposed use.
2. The applicant shall coordinate with the Solid Waste Division for appropriate solid waste
disposal.
3. The proposed parking area shall be setback at least 15 feet from the Master Street Plan
right-of-way and screened from public view by installing a continuous hedgerow along
the street right-of-way.
4. All outdoor lighting shall comply with the requirement of Chapter 176, Outdoor
Lighting. In addition, in order to reduce potential impacts to surrounding residents,
outdoor lighting shall be of a neighborhood scale with a maximum height, either pole or
wall -mounted, of 12 feet.
5. The recreational facility shall be open no earlier than 8:00 AM and no later than 8:00
PM.
6. The applicant shall screen the proposed use from the adjacent residential zoning
districts to the north, south, and west utilizing a combination of vegetation and
fencing to be reviewed at the time of development.
Planning Commission Action:
,`Motion.
Second:
Vote:
Meeting Date: May 23, 2011
❑ Approved ❑ Denied ❑ Tabled
FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These areas
are almost exclusively residential in nature and encourages traditional neighborhood
development that incorporates low -intensity nonresidential uses.
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.
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 2 of 12
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 conditional use
approval for a bathhouse, park, picnic area, pool, and playground.
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.
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 Chapter 161.07(B)(2) to
grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Staff finds that granting the requested conditional use will not adversely
affect the public interest. The proposed use is intended to serve the current
and future residents of the Mountain Ranch Subdivision and will be
maintained by the POA. The subject property contains more than half an
acre, which is more than sufficient area to accommodate a private recreation
area. Further, the proposed architectural design of the pool house is
consistent with the style of the surrounding single family homes and will not
appear to be out of character in this single-family subdivision.
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 3 of 12
(c.) The Planning Commission shall certify:
(1.)
Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant shall comply 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: Ingress and egress to the property is proposed to include a single driveway
and will be reviewed for compliance with the Access Management Standards
of Chapter 166 at the time of development.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: Chapter 172, Parking and Loading, does not require off-street parking
spaces for the proposed use; however the applicant proposes to provide a
parking area that would accommodate approximately four vehicles. Planning
staff finds that the proposed parking is warranted to minimize the impact of
the proposed use on the immediately adjacent properties along Powderhorn
Drive, as this lot is located at the end of a public street stub -out that would be
extended sometime in the unforeseeable future. Staff has included a
condition of approval requiring that the parking area be screened where it is
it is visible from the street right-of-way in order to reduce glare on adjoining
properties.
(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.
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 4 of 12
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: Appropriate public utilities, including public water and sewer mains have
been extended to serve the proposed development.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: The applicant shall screen the proposed use from the adjacent residential
zoning districts utilizing a combination of vegetation and fencing to be
reviewed at the time of development.
(f.)
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. All outdoor lighting on the subject property
shall be adequate to ensure security and safety and shall comply with
Chapter 176, Outdoor Lighting.
(g.) Required yards and other open space; and
Finding: The proposed use shall be reviewed for compliance with the bulk and area
requirements of the underlying RSF-4 zoning district.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Staff fords that the proposed use is generally compatible with the
surrounding properties and provides a neighborhood amenity to the current
and future residents of the Mountain Ranch Subdivision. Planning staff has
recommended conditions of approval on page two of this staff report in order
to prevent potentially adverse impacts on adjacent properties.
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 5 of 12
161.07 District RSF-4, Residential Single -
Family — Four Units Per Acre
(A)Purpose. The RSF-4 Residential District
is designed to permit and encourage the
development of low density detached
dwellings in suitable environments, as
well as to protect existing development
of these types.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
1 Single-family
dwellings
Two-family
dwellings
li Units per acre , 4 or ,...... 7 or less
(D)Bulk and area regulations.
(E) Setback requirements.
Front
Single-family
dwellings
Two-family
dwellings
Lot minimum width
70 ft.
80 ft.
Lot area minimum
8,000 sq. ft.
12,000 sq. -ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft.
Hillside Overlay
District Lot minimum
width
60 ft.
70 ft.
Hillside Overlay
District Lot area
minimum
8,000 sq. ft.
12,000 sq. -ft.
Land area per
dwelling unit
8,000 sq. ft.
6,000 sq. ft
(E) Setback requirements.
Front
Side
Rear
15 ft.
5ft.
15 ft.
(F) Building height regulations.
Building Height Maximum
45 ft.
Height regulations. Structures in this
District are limited to a building height
of 45 feet. Existing structures that
exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (ord. # 4858).
(G)Building area. On any lot the area
occupied by all buildings shall not
exceed 40% of the total area of such lot.
G:IETCIDevelopment Services Review120111Development Review111-3836 CUP 305 Powerhorn Dr (Moue nA A)103 Planning
Commission105-23-20111Comments and Reath/m.7111-3836 PLNG Comments.doc Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 6 of 12
Mountain Ranch
Property Owners association
Conditional Use Permit Application Questions
305 N. Powderhorn Drive — Lot 45 Mountain Ranch s/d
2. Legal Description: Lot 45, Mountain Ranch S/D Phase I, S -T -R 13-16-31
Parcel #765-26824-000 yy��
AS waudarieci b� +1..cct 31314'a+�17
3 a. There is no exi structure. Proposed structure to be —1000 square feet.
3 b. There shall be off-street parking spaces with non being required.
3 c. Hours of' operation shall be:
8:00 am through 8:00 pm
Anticipated number of patrons shall be:
Average per day — 15
Peak average —10 with peak time being 6.00 pm
3 d. There will be outdoor lighting
3 e. Noise level will be minimal.
3 f. Fencing will be constructed as required.
3 g. There shall be trash receptacles inside the facility not visible from street.
3 h. Driveway shall be similar to typical residential drive with no impact on traffic.
3 i. Great care has been taken to insure the compatibility to adjacent property through
Architectural design to strategic placement of facility. Facility is within walking or
biking
lliing Q18rance for all
residents as well as safely- tucked into an area has low motor
vehicle usage to enhance the safety of our children. It will benefit all residents of'
Mountain Ranch s/d without determent to the existing quality of life.
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 7 of 12
224-
1
2
2
0
a
0 0
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Page 8 of 12
CUP 11-3836
Close Up View
R•A
10UNTAIN VIEW DR
Legend
CUP11-3836
▪ Muti-Use Trail (Existing)
i; ▪ ° •• • Future Trails
ikttlivfootprints 2010
- Hillside -Hilltop Ove
Design Overlay Di
Design Overlay Di
Planning Area
Fayetteville
305 POWDERHORN DRIVE
POWDERHORN OR
RSF-4
rlay District
strict
strict
0 75 150 300 950 600
rM y 23,
Plann i no
2011
Cnmmiccinn
CUP 11-3836 Mountain Ranch POA
Agenda tem 3
Page 9 of 12
CUP11-3836
One Mile View
305 POWDERHORN
nn,
.,•
a
J
w w
g
RA C
3 PPZE PECAN arm
arm
K
�i.A ltiF; l.a
Overview
f
is,__
— :�.
•_Ly j'- r
is
''a'
a.
Legend
Subject Property
CUP11-3336
Boundary
CUP
t ! Desi
Plan
Faye
11-3836
3n Overlay District
ning Area
ttevil le
0 0.25 0.5 1
figrP
I-'IanniPg commission
CUP 1 -3836 Mountain Ranch POA
Agenda Item 3
Page 10 of 12
0 75 150 900 450 500
FfY 23,
CUP11-3836
Current Land Use
305 POWDERHORN DRIVE
SINGLE FAMILY
SUBJECT PROPERTY
SINGLE FAMILY
%Footprints 2010
Hillside -Hilltop Ov
Ell Design Overlay Di
Design Overlay Di
Planning Area
Fayetteville
UNDEVELOPED LAND
rlay District
.trict
.trict
011
•
CUP 11-3836 Mountain Ranch POA
Agenda 1 em 3
Page 11 of 12
May 23, 2011
Planning Commission
CUP 11-3836 Mountain Ranch POA
Agenda Item 3
Page 12 of 12