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Home My WebLink About2015-10-12 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting October 12, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the September 28, 2015 meeting. 2. ADM 15-5220 Administrative Item (1560 S. HAPPY HOLLOW RD./FAYETTEVILLE SOLID WASTE FACILITY LSD EXTENSION, 604): Submitted by CITY STAFF for property located at 1560 S. HAPPY HOLLOW RD. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 18.40 acres. The request is for a one year extension to previously approved LSD 14-4750. Planner: Andrew Garner Old Business None New Business 3. VAR 15-5215: Variance (NE CORNER OF S. HIGHBUSH & E. HUNTSVILLE RD./LOTS 1- 4, BLUEBERRY MEADOWS SD, 571): Submitted by BATES & ASSOCIATES, INC. for properties located at the NE CORNER OF S. HIGHBUSH & E. HUNTSVILLE RDS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and contain approximately 1.00 acre. The request is for a variance of the Streamside Protection Zone. Engineer: Alan Pugh 4. CUP 15-5197: Conditional Use (1824 S. GARLAND AVE./ARSAGA STUDIO, 600): Submitted by AVA ARSAGA for property located at 1824 S. GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is for an accessory structure larger than 50% of the primary structure. Planner: Quin Thompson Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 5. CUP 15-5202: Conditional Use (1335 W. DEANE STJEAGLE HOLDINGS COTTAGES, 365): Submitted by ESI ENGINEERS, INC. for property located at 1335 W. DEANE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.67 acres. The request is for Use Unit 44, Cottage Housing Development, in an RSF-4 zoned district. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED TO TABLE THE PROJECT UNTIL THE OCTOBER 26, 2015 PLANNING COMMISSION MEETING. 6. RZN 15-5196: Rezone (3422 N. COLLEGE AVE./SCOTT PLAZA, 213): Submitted by HOWARD SCOTT for property located at 3422 N. COLLEGE AVE. The property is zoned C-2, COMMERCIAL THOROUGHFARE, and R-O, RESIDENTIAL-OFFICE and contains approximately 2.20 acres. The request is to rezone the R-O zoned portion of the property to C-1, NEIGHBORHOOD COMMERCIAL. Planner: Quin Thompson The following items have been approved administratively by staff LSP 15-5198: Lot Split (350 N. CANVAS RD./COLLIER, 491): Submitted by BATES & ASSOCIATES, INC. for property located at 350 N. CANVAS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.03 acres. The request is to split the property into 2 lots containing approximately 2.12 and 1.91 acres each. Planner: Jesse Fulcher FPL 15-5187: Final Plat (E. MISSION BLVD/MISSION HEIGHTS SUBDIVISION, PH. I, 371): Submitted by ECO DESIGN GROUP, INC. for properties located at E. MISSION BLVD. The properties are zoned NC, NEIGHBORHOOD CONSERVATION AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 4.27 acres.The request is for final plat approval of a residential subdivision with 11 single family and 7 multi-family lots. Planner: Andrew Garner FPL 15-5201: Final Plat (3090 OAKLAND ZION RD./PARKERMAN ESTATES SUBDIVISION, 257): Submitted by BLEW & ASSOCIATES, INC. for property located at 3090 OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 15.53 acres. The request is for final plat approval of a residential subdivision with 11 single family lots. Planner: Quin Thompson Announcements Adjourn NOTICE TO MEMBERS OF THE AUDIENCE: All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chairrecognizes you, go to the podium and give yourname and address.Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed 2 official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission September 28, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, and Kit Williams—City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch 2. In Attendance: Sarah Bunch, Ron Autry, Janet Selby, Thomas Brown, William Chesser, Tracy Hoskins, Matthew Hoffman, and Kyle Cook Absent: Ryan Noble Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, and Kit Williams 3. Consent Agenda: Approval of the minutes from the September 14, 2015 meeting. VAC 15-5206: Vacation (5026 E. TALON TRAIL/FALCON RIDGE S/D, 609): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 5026 E. TALON TRAIL. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.25 acres. The request is to vacate a drainage easement. LSP 15-5186: Lot Split (4470 E. BRIDGEWATER LN./HARMS, 218): Submitted by ALAN REID & ASSOCIATES, INC. for property located at 4470 E. BRIDGEWATER LN. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.11 acres. The request is to split the properties into 2 lots containing approximately 2.81, and 4.30 acres each and a variance to the street frontage requirements. PPL 15-5183: Preliminary Plat (SE OF N. BROYLES AVE. AND W. PERSIMMON ST./CROSS KEYS SOUTH SUBDIVISION, 477): Submitted by JORGENSEN & ASSOCIATES for properties located at SE CORNER OF N. BROYLES AVE. AND W. PERSIMMON ST. The properties are zoned NC, NEIGHBORHOOD CONSERVATION AND R-A, RESIDENTIAL AGRICULTURE and contain approximately 23.39 acres. The request is for preliminary plat approval of a residential subdivision with 96 single family lots. Mailing Address: Planning Commission 113 W. Mountain Street www.fayetRgW@rjPA15 Fayetteville,AR 72701 Agenda Item 1 Minutes 9-28-2015 Page 1 of 9 Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 12,3015 Agenda Item 1 Minutes 9-28-2015 Page 2 of 9 4. Old Business: LSP 15-5164: Lot Split (JOHN GARRISON RD./GIBSON, 523): Submitted by BLEW & ASSOCIATES for property located S. OF JOHN GARRISON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 40.10 acres. The request is to split the property into 4 lots containing approximately 5.00, 5.00, 15.05 and 15.05 acres each and a variance to the street frontage requirements. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table LSP 15-5164 indefinitely. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 12,3015 Agenda Item 1 Minutes 9-28-2015 Page 3 of 9 New Business: ADM 15-5205: Administrative Item (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK, LOT 6, 212): Submitted by BATES&ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE & STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. Jesse Fulcher, Senior Planner, read the staff report. Asa Hutchinson III, applicant, stated that the land is under contract and the current buyer was not a part of the agreement in 1995.We understand that staff feels the restrictions apply to this property, but we believe they don't. We have two others here tonight that were involved with the agreement in 1995 and they don't feel that the restriction applies to this portion of the property. The building in question will have office space, a brewery and restaurant space. The outdoor music is only planned 1 time per week a few months out of the year. There is a large tree line along the neighborhood that will serve as a noise buffer. There are also some neighbors we have spoken with that are in favor of the request. Public comment: Marshall King, neighbor, stated he was 100% in favor of the request.There is already noise in the area. There are the sirens from the nearby hospital, nearby train tracks and a restaurant to the east. I am in favor of more places to walk to. Micki Harrington, applicant, stated that they didn't intend for this corner to be included in the restrictions when this discussed in 1995. Kit Williams, City Attorney, asked the applicant if the legal description was in the agreement. Harrington stated yes. Williams stated he agreed with staff in that we aren't here to decide if the restrictions apply. That determination has already been made and that appeal would go before the Board of Adjustment. 011ie Hollywell, neighbor, asked the Planning Commission to honor the bill of assurance and deny the request. Josephine Caraher, neighbor, stated she lived in the last house in the neighborhood, closest to the subject property. There is noise already but not for several hours at a time. I was told that offices could be built when I bought my house and this was a deciding factor in my decision. I'm not in favor of this. Please consider us in your decision. Jim Irwin, applicant, stated that the neighbors didn't want certain uses. We tried to apply to restrictions in 1995 to adjoining land, but not the corner. Neighbor, we just moved in to the neighborhood and moved away from noise at our last house. We don't want more noise. Please say no thank you to their proposal. Planning Commission October 12,4015 Agenda Item 1 Minutes 9-28-2015 Page 4 of 9 Pat Kensel, neighbor, we need to know one step won't lead to another step if you support this change. If it passes then music needs to be on the north side of the building. Commissioner Hoskins asked why the 1995 restrictions apply to this property. Fulcher stated that the restrictions and their applicability were researched and it was determined already that they do apply. The request tonight is to hear the Planning Commission's recommendation on allowing a restaurant on this property. Williams stated that the City Council approved this rezoning and bill of assurance in 1995 and they will need to change it. The Planning Commissions needs to assume that the restrictions apply to this property. Commissioner Chesser asked about the legal description in the exhibits. Andrew Garner, City Planning Director, stated that there is also a map showing the boundary of the restrictions. Commissioner Chesser stated that if the restrictions do in fact apply that they shoulding be changed. Commissioner Hoffman asked how the agreement can override the zoning regulations. Williams stated the rezoning approved included a bill of assurance, so they are restricted by that agreement. They can request a new zoning for the property. Commissioner Hoffman stated that the restaurant use is appropriate and supports the change. Commissioner Brown asked the neighbor what they understood about the agreement. Kensel stated that she didn't remember the details, but thought that the restrictions applied to all of the property. No more public comment was presented. Commissioner Brown asked the applicant if they spoke with any of the neighbors. Hutchinson stated that there hasn't been much time to do this. Some of the neighbors have approved us. None of the neighbors that signed the agreement on 1995 have come forward. One of those individuals still lives in the neighborhood, but we haven't been able to reach him. Commission Hoskins stated that he support the request due to the growth and change in the area and the placement of the building. Planning Commission October 12,5015 Agenda Item 1 Minutes 9-28-2015 Page 5 of 9 Motion: Commissioner Hoskins made a motion to forward ADM 15-5205 with a recommendation for approval of a restaurant and use units listed by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Chesser and Brown voted `no'. Commissioner Hoskins left after this item. Planning Commission October 12,6015 Agenda Item 1 Minutes 9-28-2015 Page 6 of 9 ADM 15-5216 Administrative Item (NW CORNER OF S. GOVERNMENT AVE. &W. MILK BLVD. /NEIGHBORHOOD MARKET, 522): Submitted by HARRISON FRENCH & ASSOCIATES, INC. for property located at the NORTHWEST CORNER OF S. GOVERNMENT AVE. & W. MILK BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.10 acres. The request is for a major modification of LSD 15-4970 (Neighborhood Market). Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Steven Giles, applicant, asked for approval of the changes and thanked staff for their help. Commissioner Chesser stated he was much happier with this design Motion: Commissioner Chesser made a motion to approve ADM 15-5216 with conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission October 12,2015 Agenda Item 1 Minutes 9-28-2015 Page 7 of 9 ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville with a zoning of R-A, RESIDENTIAL AGRICULTURE. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Curtis Hogue, Applicant, said that Ms. Salsbury had lived in the home since 1975. He said that development in the area has increase the amount of surface water on the property after rains. Bryce Salsbury, owner's son, said the septic system no longer works properly because of increased run-off from the area, he asked that the Commission give his mother peace of mind for the rest of her life by allowing her to connect to City sewer. William Chesser, Commissioner, said that he found himself in favor, finding that the annexation would not cause a problem for fire and police departments. Matthew Hoffman, Commissioner, asked how long the problems have been occurring. Hogue said that there have been issues for a number of years, but that problems have continued to worsen over time. Ron Autry, Commissioner, while the request was for a tiny annexation, there have been problems with the septic for years, and the owner's advanced age have made the issues harder to live with. Andrew Garner, Planning Director, asked the applicant how old the septic system was. Salsbury said that the system was installed by his father and dated to 1975, making it 40 years old. Sarah Bunch, Chair, asked if a replacement of the septic system had been explored. Salsbury said that he thought the issue was caused by development in the area, which would not be solved by repairing the septic system. Hoffman said that the purpose of this annexation was to protect the lifestyle of the owner. Kyle Cook, Commissioner, asked the City Attorney if it was possible for the owner to petition the City for sewer service without annexation. Planning Commission October 12,8015 Agenda Item 1 Minutes 9-28-2015 Page 8 of 9 Kit Williams, City Attorney, said that this could be done, but that the City Council would be expected to annex the property as soon as possible. He said that the City Plan 2030 is a just planning guide, and that a failing septic system was a public health issue. Cook said that he was against small, piecemeal annexation such as this. Motion: Commissioner Chesser made a motion to forward ADM 15-5181 to City Council with a recommendation of approval and rezoning to RSF-2. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. Commissioner Cook voted 'no'. 5. Reports: No reports 6. Announcements: 7. Adjournment Time: 6:53 PM 8. Submitted by: City Planning Division Planning Commission October 12,9015 Agenda Item 1 Minutes 9-28-2015 Page 9 of 9 CITY OF ayevi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director DATE: October 12, 2015 SUBJECT: ADM 15-5220 Administrative Item (1560 S. HAPPY HOLLOW RD./FAYETTEVILLE SOLID WASTE FACILITY LSD EXTENSION, 604): Submitted by CITY STAFF for property located at 1560 S. HAPPY HOLLOW RD. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 18.40 acres. The request is for a one year extension to previously approved LSD 14-4750. RECOMMENDATION: Staff recommends approval of ADM 15-5220. BACKGROUND: Project Description: The subject property is the existing City Recycling and Trash Collection campus located south of 151h Street/happy Hollow Road.The overall campus contains 18.40 acres and is zoned 1-2, General Industrial. On July 28, 2014 the Planning Commission approved a large scale development (LSD 14-4750) for a new office addition to the existing building of approximately 5,240 square feet and site improvements including relocating the existing commercial driveway entrance on Armstrong Avenue and two new large truck scales. On April 30, 2015 the Subdivision Committee approved a major modification to break the project into two phases. Construction permits have been submitted however construction has not yet begun and building permits have not been submitted. DISCUSSION: Proposal: The applicant requests extension of the one year time limit to complete all required tasks for the Large Scale Development. The one year time limit expired on July 28, 2015. The extension would be for one additional year to obtain all permits to complete the project. If permits to construct the project have not been obtained within the extension period, the Large Scale Development shall be rendered null and void in accordance with City development code. The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend the Large Scale Development Approval by one year from the original approval date. In order to extend this approval, the applicant must: (1) request the extension within 18 months of approval; and (2) show good cause why the tasks could not reasonably be completed within the standard time period. If the one year extension is granted, it is within this time that the applicant must obtain all permits to complete the project. Mailing Address: Planning Commission 113 W. Mountain Street ww �ailiq-ikgov Fayetteville, AR 72701 Item 155-- a 5220 Solid Waste LSD Ext. Page 1 of 11 Findings: (1) The applicant has submitted the extension request to the Planning Division on October 2, 2015, prior to the 18 month time limit ending on January 27, 2016. (2) The project has experienced design delays due to revisions that were necessary to meet budget constraints. Recommended Motion: Planning Staff recommends approval of ADM 15-5220, the requested extension for LSD 14-4750, with the following conditions: 1. The applicant shall be allowed until July 28, 2016 to obtain all permits necessary to complete the project, otherwise all approved plans for the project shall be rendered null and void. 2. The proposed development shall comply with all applicable zoning and development regulations that may have been adopted subsequent to the original project approval. 3. All other conditions of approval for the project shall remain applicable. PLANNING COMMISSION ACTION ❑ Approved ❑ Denied ❑ Tabled Date: October 12, 2015 Motion: Second: Vote: Notes: BUDGET/STAFF IMPACT: NA Attachments: • Fayetteville Unified Development Code Section 166.20(6)(3) • Conditions of approval and site plan for LSD 14-4750 • Letter request • Close Up Map • One Mile Map Planning Commission October 12,2015 G:\ETC\Development Services Review\2015\Development Review\15-5220 ADM 1560 S. Happy Hollow Rd.(Solid Waste LSD Extensi5l0nda Item 2 03 Planning Commission\10-12-2015\Comments and Redlines 15-5220 Solid Waste LSD Ext. Page 2 of 11 Fayetteville Unified Development Code 166.20 Expiration Of Approved Plans And Permits (3) Planning Commission Extension Within 18 months. Should an applicant miss the deadline to request an administrative extension, within eighteen months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. Planning Commission G:\ETC\Development Services Review\20150evelopment Review\15.5220 ADM 1560 S. Happy Hollow Rd.(Solid Waste LSD Extensio� ober 12,2015 03 Planning Commission\10-12-2015\Comments and Redlines 0enda Item 2 15-5220 Solid Waste LSD Ext. Page 3 of 11 CITY OF "OayeVevelkle PLANNING COMMISSION MEMO AS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director Corey Granderson, Staff Engineer MEETING: �Llty28 L9h4 UpdatedAuoust4 2014 SUBJECT: LSD 4-4750 Large Scale Development (1560 S. HAPPY HOLLOW RD./RECYCLING AND TRASH COLLECTION FACILITY, 604): Submitted by CITY STAFF for property located at 1560 S. HAPPY HOLLOW RD. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 18.40 acres. The request is for construction of a 5,240 square foot office and associated parking. RECOMMENDATION: Staff recommends approval of LSD 14-4750 with conditions of approval. BACKGROUND: Property and background:The City's Transportation Division, Parks and Recreation Department, Fleet Operations, and Recycling and Trash Collection offices and storage yards are located south of 1V Street/Happy Hollow Road. The primary access into this campus is through a paved two- lane drive off of Happy Hollow Road that is gated in several places and a secondary entrance off of Armstrong Avenue. The Recycling and Trash Collection portion of the campus is approximately 18.40 acres with the eastern border along the White River and is zoned 1-2, General Industrial. Land use and zoning surrounding the City's campus in this area is depicted in Table 1. Table 1 Surrounding Land Use and Zonlnj Direction Land Use Zoning from Site North Auto repair; Metal recycling; C-2, Thoroughfare Commercial; 1-2, General undeveloped Industrial; C-1, Neighborhood Commercial South Undeveloped City propertj_ 1-2, General Industrial East Undeveloped/West Fork R-A, Residential Agricultural White River _ West Industrial use 1-2, General Industrial Proposal: The City is proposing several improvements to the existing Recycling and Trash Collection campus. These improvements include a new office addition to the existing building of approximately 5,240 square feet and site improvements including relocating the existing commercial entrance drive on Armstrong Avenue, two new large truck scales for day to day operational use by the City. The site improvements also include new truck turning driveways and reorganization of existing fleet and employee parking areas and to generally improve traffic flow. The project intends to achieve Leadership in Energy and Environmental Design (LEED) Silver Certification. The project will utilize low impact development strategies in managing onsite Mailing Address: Planning Commission 113 W.Mountain Street www.6�M@egflk�tar.gov Fayetteville, AR 72701 g �iolssion 15i", rrYt�S a Facility PA end$ m 2 15-5220 Solid Waste LSD Ext. Page 4 of 11 stormwater runoff, including the use of an infiltration basis for treatment of parking lot and roof runoff. Variance Requests: The applicant is requesting two variances. • The relocated commercial driveway on Armstrong Avenue is being proposed with a larger curb return radius than code permits in order to accommodate the wider turning radius required for large trucks that will frequently utilize this driveway. • The parking lot design code requires pedestrian connection from the street to the door of the building. Because of the isolated and vehicular-dominated nature of the Recycling and Trash Collection facility, the City does not propose pedestrian connection to the building from the street. For public safety reasons the Recycling and Trash Collection staff does not want to encourage pedestrians to walk through the campus and crossing internal drive aisles that will be frequently used by a variety of large commercial trucks. Water and Sewer System: Utilities were extended through the site with the original development. Adjacent streets and right-of-way.:This site is adjacent to Armstrong Avenue, a Minor Arterial.The site was previously traversed by undeveloped right-of-way for Happy Hollow Road, however, this right-of-way has been recently vacated. No additional right-of-way dedication is required as more than adequate right-of-way exists along Armstrong Avenue. Street Improvements: A new public sidewalk is under construction by the City Transportation Department along Armstrong Avenue including the site's approximately 400 feet of street frontage. This is a major sidewalk project that will provide a sidewalk connection from 15th Street south approximately 0.5 mile to the White River Ballpark. Two streetlights are required along the site's Armstrong Avenue frontage as indicated on the site plan. Give the large amount of on and off-site sidewalk improvements being completed by the City at this time no additional improvements other than streetlights are recommended. Tree Preservation: Existing Canopy.' 6-11% Preserved Canopy: 4.11% Required Canopy: 6.11 Tree Mitigation:31 two-inch caliper trees Access Management/Connectivity: The relocation of the existing commercial driveway on Armstrong Avenue will comply with the access management ordinance. The new drive is being relocated to the south and will line up with the existing driveway across the street at Bargo Engineering. RECOMMENDATION: Staff recommends approval of LSD 14-4783 with the following conditions. Conditions of Approval: 1. Planning Commission determination of a variance of Fayetteville Unified Development Code Section 172.04(F)(4)(a)(iv) that requires the curb return radius for the new commercial driveway on Armstrong Avenue to be 20 feet.The applicant proposes the curb return radius to be 25 feet in order to accommodate the larger turning radius required for the commercial trucks. A vehicle turning movement diagram has been submitted confirming the need for the additional turning dimension. Staff recommends in favor of the variance. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS VARIANCE(07/17/14). PLANNING COMMISSION DETERMINED 1N FAVOR OF THIS VARIANCE(07/28/14) , G1ETC\Development Services Review12014\Development Review) 14-4750 LSD 1560 S.Happy Hollow(Solid Waste Expansion)M Planning Commission\ Planning Commission 07-28-14\Commenls and Redlines July 28,2014 A"A0A 'Commissi 1t Y e 9 Facility P�-e E, 2 15-5220 Solid Waste LSD Ext. Page 5 of 11 2. Planning Commission determination of a variance of Fayetteville Unified Development Code Section 172.04(B) that requires pedestrian access from the street to the entrance of the structure by way of a designated pathway or sidewalk. The applicant does not propose pedestrian access to the facility from the surrounding street network. The Recycling and Trash Collection facility is located over 700 feet from Armstrong Avenue and over 100 feet from Happy Hollow. The applicant's letter discussed that this facility is not a pedestrian destination and is not intended to be a pedestrian destination. There are other City facilities that share this campus and large trucks enter, exit and traverse the site continuously making it unsafe for pedestrian access. Site security complicates the idea of pedestrian access. This is not the public location for setting up solid waste service with the City. Citizens that require a visit to the site are typically either hauling large loads of waste to be disposed of at the Transfer floor, or obtaining a replacement trash or recycling container, necessitating a vehicle for transport of the container. Staff recommends in favorof the variance forthe reasons discussed above and described in the applicant's letter. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS VARIANCE(07/17/14), PLANNING COMMISSION DETERMINED IN FAVOR OF THIS VARIANCE (07/18/14) . 3. Planning Commission determination of street improvements. Staff recommends that sidewalk be completed along the site's street frontage prior to Certificate of Occupancy for the new building addition. At least two street lights shall be installed along the site's Armstrong Avenue frontage in conformance with City ordinance. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR (07/17/14), PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION(07/28/14) . 4. The existing drive on Armstrong Avenue shall be removed and the area revegetated as indicated on the plans prior to certificate of occupancy. 5. Motorcycle/scooter parking spaces shall be identified with either pavement marking or signage. 6. All tree preservation, landscape, engineering and fire department conditions included herein shall apply. All revisions shall be addressed prior to construction plan approval. Standard conditions of approval: 7. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. S. If applicable, a business license shall be obtained prior to opening the business to the public. 9. 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). 10. 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. GAETC\Development Services Review120141Development Review\ 14-4750 LSD 1560 S.Happy Hollow(Solid Waste Expansion)\03 Planning Commission\ Planning Commission 07-28-14\Comments and Redlines July 28,2014 Aped ?mmission 16- b Ntte Facility PA89 dpaf m 2 15-5220 Solid Waste LSD Ext. Page 6 of 11 11. 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. 12. 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. 13. Large scale development shall be valid for one calendar year. 14. 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. 15. 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 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. Subdivision Committee Action: O Approved X Forwarded O Denied Meeting Date: July 17, 2014 Motion: Winston Second: Chesser Vote: 2-0-0 Planning Commission Action: Approved O Denied Meeting Date: July 28, 2014 Motion: Winston Second: Chesser Vote: 9-0-0 Note: Approved with the conditions of approval as recommended by staff. BUDGETISTAFFIMPACT: None. G.\ETC\Development Services Review\20140evelopment Review\ 14-4750 LSD 1560 S. Happy Hollow(Solid Waste Expansion)\03 Planning Commission\ Planning Commission 07-28-14\Comments and Redlines July 28,2014 Mrf 4 =o`tmmission 1� QL�y"e Facility PA� t RAm 2 15-5220 Solid Waste LSD Ext. Page 7 of 11 ' sU I I � g a $ t r tl` Iqu _ f � RJ c 7e {� Al 9.1 Lu0 moo; del E,� s; i Yp ,f lif ri ti $s t D' 6l2FF a i s Is t 1 t fiat + ,$ "EJB �7�1a Planning Commission October 12,2015 Agenda Item 2 15-5220 Solid Waste LSD Ext. Page 8 of 11 CITY OF a e Y ARKANSAS October 2, 2015 Andrew Garner, Planning Director City of Fayetteville 113 E. Mountain St. Fayetteville, AR 72701 Re: 14-4750 LSD 1560 S. Happy Hollow (Solid Waste Expansion) Extension Request Mr. Garner: The large scale development for expansion of offices and associated site work was approved by the Planning Commission on July 28, 2014. The project has experienced design delays due to revisions that were necessary to meet budget constraints, and we have not yet submitted a building permit application. Therefore, a 1-year extension of the large scale development approval is requested. The project has been bid, and the City Council will consider the bids on October 20th. The building permit application will be submitted by the contractor upon approval of the bids, and construction is expected to be completed by November of 2016. Sincerely, Chris Brown, P.E. City Engineer/Project Manager Mailing Address: PlannidtftfodMf R1NG 113 W. Mountain Street wObV.it1eF2e2UJ6-aLg0v Fayetteville, AR 72701 Agenda Item 2 15-5220 Solid Waste LSD Ext. Page 9 of 11 ADM 15-5220 SOLID WASTE FACILITY EXTENSION Close Up View RMF .W RID2 RMF-12fZ Fr. 1 11 R-O HUNTSVILLE RD NS _ FAIRLANE ST m ^ RSF-a CS ,y - LEE ST 1o17 - ,< 04vos `❑ - �{ F S va O i. e > RSF4 I�> -J ' .2 � HELEN ST - - qW t �RENCE-CRAFTSANDYDR 8� e - H,s SUBJECT PROPERTY ._TT ' 0 o C-1 4 � zO z on: = o 0 CL 14 � RSF-8 l - P-1 42 W Q • O C0 Z W - CIL Legend W J a PUMP STATION RD P Shared-Use Paved Trail •• Nei&borhood/Park Trail Neural Surface Trail LXMI�ADM1 _ - - Fayetteville City Limits Footprints 2010 Hillside-Hilltop Overlay District Design Overlay Di 5trict 0 300 800 1.200 1.800 2,400 ------ Planning Area Feet Planning Commission October 12,2015 15-5220 Solid Waste LSD Ext. Page 10 of l l ADM15-5220 SOLID WASTE FACILITY EXTENSION One Mile View ..r ..F� R\IF-6� r 1 RT-12 R�,�I F-12 �r a CS RSF-I SUBJECT PROPERTY GI RSF-S 1 ti I I P-1 Le d-Use Paved T =• Nei borhood/Park Trail Overview Legend Hills e-Hilltop Overlay District Desi n Overlay District F� = Subject Property � _ y Boundary _ _ Plan ing Area ' '-flu FaYE tteviIIe a _ u 0 0.25 0.5 1 Miles Planning Commissio October 12 2015 Agenda Item 2 15-5220 Solid Waste LSD Ext. Page 11 of 11 CITY OF ayevi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer MEETING DATE: October 12, 2015 SUBJECT: VAR 15-5215: Variance (Lots 1-4 BLUEBERRY MEADOWS SUBDIVISION): Submitted by Brittenum Construction, LLC. for property Lots 1-4 in the Blueberry Meadows Subdivision. The property is zoned RSF-4 and each lot contains approximately 0.25 acres. The request is for a variance of the Streamside Protection Zone. RECOMMENDATION: Staff recommends approval of VAR 15-5215 as described further within this memorandum. BACKGROUND: The variance relates to the property at 1488, 1464, 1446 and 1420 S Highbush Ave which are located on the east side of Highbush Ave within Blueberry Meadows Subdivision. The plat indicates a single family lots with Lot 1 being 10,735 SF and lots 2-4 being 9,371 SF each. The lot included in the variance request is platted with a 15' front setback and 25' utility easement and is bounded in the rear by an unnamed tributary of the West Fork of the White River (referred to as "tributary" herein). The subject phase of Blueberry Meadows was platted in 2007 in advance of the streamside protection ordinance which was adopted in 2011. The original buildable area was calculated by the engineer for the applicant to be approximately 19,210 SF on average for each lot. The tributary referenced is protected by the adopted ordnance and would reduce that buildable area drastically (average of approximately 1,500 SF per lot for the lots in question). DISCUSSION: The applicant proposes to construct new single family homes which are approximately 1,200 SF in size. In order to construct a home on the lots, a variance from the streamside protection ordinance is required as the homes will encroach on both the Waterside and Management Zones given the extent of the protected area as called for by the ordinance. The widths of the zones are shown on the exhibit submitted with the variance application. The width of Zone 1 is a total of 45 feet as the slopes adjacent to the tributary are greater than 15 percent and subject to the steep slopes provision in the ordinance. The total width of Zone 2 is shown as 25 feet as provided in the ordinance for a total streamside protection width of 70 feet from the top of bank. Given the location of the top of bank as defined by the applicant and the configuration of the lot, this provision would make the lot unbuildable. The remaining buildable area given the setbacks, Mailing Address: Planning Commission 113 W. Mountain Street wv ttaia@1@r.gov Fayetteville,AR 72701 Agenda Item 3 15-5215 Blueberry Meadows SD Page 1 of 6 easements and streamside protection zones would not be large enough to construct a home as shown on the attached exhibit. As stated previously, the lot was platted prior to adoption of the streamside protection ordinance so the additional depth required to comply with the ordinance was not taken into account in the original subdivision design. At present, the streets have been constructed and the lots across and along the street have been developed. Therefore, the lot in question could not be developed and maintain compliance with the streamside ordinance by physically altering the existing or proposed improvements. Recommendation: Finding that streamside protection ordinance would render the lot in question otherwise unbuildable and the tributary in question was previously altered prior to the adoption of the ordinance staff recommends approval of ADM 15-5215 subject to the following conditions: 1. The proposed streamside protection zone shown on the exhibit will be subject to the regulations of the streamside protection ordinance, including but not limited to, the prohibition of grading, dredging, dumping, filling or similar construction activities. Please reference section 168 of the Unified Development Code as well as the Streamside Best Management Practices Manual for further information. The zones as shown include a 25' wide area measured from the top of bank on lots 1, 3 and 4 and a 15' wide area on lot 2. This would create an average buildable area for each lot of approximately 11,755 SF as calculated by the engineer for the applicant. 2. The owner shall research the possibility of vacating a portion of the utility easement across the front of the lots such that the homes could be positioned further from the stream. If the homes could be moved 10 feet or more without the need to relocate existing utilities the owner shall pursue this option. The City understands that this requirement is subject to approval from the utility companies with rights to the easement. 3. The current owner shall disclose to any potential buyer of the lot/home affected that the IoUhome is subject to the streamside ordinance and they will be responsible for compliance as the owner. This disclosure shall include a description of the purpose of any features constructed to comply with this variance request and the fact that the features must be maintained in order for the lot to remain in compliance. 4. The developer shall propose and use best management practices (BMPs) to limit sediment runoff during construction of the home. An erosion control plan shall be developed and submitted to staff for approval prior to construction. 5. The developer may elect to further enhance the riparian buffer by utilizing low impact development(LID) measures, however, at a minimum a rain garden, rain barrel(s) (55 gallon minimum) or similar LID features sized to treat/capture runoff from the roof area draining toward the stream should be utilized. Other LID measures are encouraged but not required. All LID measures should be designed and maintained in general accordance with the City of Fayetteville Drainage Criteria Manual. Planning Commission Action: ❑Approved ❑ Forwarded ❑ Denied Meeting Date: October 12, 2015 Motion: Second: Vote: Planning Commission October 12,2015 Agenda Item 3 15-5215 Blueberry Meadows So Page 2 of 6 FINDINGS: City of Fayetteville Unified Development Code Section 156.03 Development Variances Certain variances of the development regulations may be applied for as follows: (C) Consideration by the Planning Commission (9) Streamside Protection Zones (a) Undue hardship. If the provisions of the Streamside Protection Ordinance are shown by the owner or developer to cause undue hardship as strictly applied to the owner or developer's property because of its unique characteristics, the Planning Commission may grant a variance on a permanent or temporary basis from such provision so that substantial justice may be done and the public interest protected, provided that the variance will not have the effect of nullifying the intent and purpose of the Streamside Protection regulations. Staff agrees with the statement that the lot in question would be otherwise unbuildable due to the defined streamside protection zones. Due to the fact the streamside protection ordinance was a raved between the time in which the lot wasplatted/street construction and the ro osed development of the lot staff finds that the request is a result of undue hardship noted above and is justified. (b) Consideration of alternative measures. The applicant for the variance shall establish that a reasonable rezoning by the City Council or variance request from the Board of Adjustment will not sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations. Due to the extent of the streamside Protection zone on the property, a rezoning or variance request from the board of adjustments would not address the hardship to an extent that would otherwise make the construction of a home on the lot feasible. (c) Conditions and safeguards. In granting any variance, the Planning Commission may prescribe appropriate conditions and safeguards to substantially secure the objectives and purpose for the regulations so varied and to mitigate any detrimental effects the variance may cause. The Planning Commission should consider the Streamside Protection Best Management Practices Manual and any mitigation recommendations from the City Engineer. See staff conditions listed above. BUDGET/STAFF IMPACT: None Planning Commission October 12,2015 Agenda Item 3 15-5215 Blueberry Meadows SD Page 3 of 6 Attachments: • Applicant's letter • Applicant provided streamside zone exhibit Planning Commission October 12,2015 Agenda Item 3 15-5215 Blueberry Meadows So Page 4 of 6 e-- -zBates CivilAssociates, lnc. CMI Engineering•Land Surveying•Landscape Architecture 91 W.Colt Square Dr.Suite 3/Fayetteville,AR 72703 PH:479-442-9350"FAX:479-521-9350 September 15th, 2015 Planning Commission City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 RE: Streamside Variance Request—Lots 1-4 of Blueberry Meadows Dear Commissioners, Lots one through four of Blueberry Meadows Subdivision were platted before the streamside ordinance was passed. It was concluded at the time they were platted with sewer and water services that they were buildable. The letter of the streamside ordinance would now make these lots unbuildable. Per the UDC variances may be issued for new construction on lots of half an acre or less. These lots are average size lots of between 0.21 and 0.25 acres. Brittenum Construction and Bates & Associates propose a streamside protection zone 45' from the rear(western) lot lines, an additional 15' to the originally platted 30' drainage easement. On lots 1 and 2, however, we have proposed that it follow what Bates & Associates Engineers and Land Surveyors have determined as the top of the bank. This bank was determined from locating the creek centerline, performing a topographic survey, finding the more obvious, eastern creek bank and projecting it on the western side. Without a variance to the streamside ordinance, these lots would be unbuildable and not provided as there original platted purpose. Please, review this letter and the attached exhibit. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Evan Niehues, RLA Bates & Associates, Inc (479) 442-9350 Planning Commission October 12,2015 Agenda Item 3 15-5215 Blueberry Meadows SD Page 5 of 6 STREAMSIDE VARIANCE: J 83' II �T m 5.0 I50 3 POTDInu/ b1I / LOT 4 0.21 ACRES +/- 2 2'— — SI ..U. m LOT 3 m :3 ' w' L f I 0.22 ACRES TDIIj�I z5 D' / vaeoso ? o I / sawmc ' vnorzcnaN zaL W r 5-. I• ? Ava) I E�I SF 30.0' F w f 1 lll� o�� 1 IVDwW f LOT 2 0.22 ACRES +/— . F_ \ W1 LOT 1 m 0.25 ACRES +/— _ t .D' r1paomrn sw� $IONS\ 1!0' 25- U $ HOUSE LAYOUT o' 40' 80' 120' NOT FOR CONSTRUCTION NOTES: I. DIMENSIONS ARE PERPENDICULAR TO PROPERTY LINES- GRAPHIC$GALE(1N FEET)2. THIS PLOT DEPICTS FUTURE CONSTRUCTION OF IMPROVEMENTS AS SHOWN. THIS IS NOT A BOUNDARY SURVEY, IT IS NOT INTENDED FOR TRANSFER OF TITLE 1111Ch=401 0. ALL DIMENSIONS MEASURED TO WNLS S THE CONTRACTOR IS SPECIPMLY CAUTIONED THAT THE LOCATION OF THE BUILDING AS SHOWN MUST BE VERIFIES BEFORE PROCEEDING'MTH CONSTRUCTION IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO VERIFY TWT THE BUILDING DOES NOT ENCROACH UPON ANY BUILDING SETBACKS AND OR EASEMENTS a LEGEND: 1NSSLWu—DARUS.11 rOft USERND BENEFIT . OFA .ND. LLR.wNt s DDusonxr LUNE BRiTTENUM CONSTRUCTION Bates �Si� --- CFNII:NI NI.01RDAO ADBRLSS ARSOclatas Inc. NO Dl'wAV pTGIlO USN AVE -- —' RONDING BrrRACK DTDMY BnsnmNT FAYETTEVfLLE, ARKANSAS CMI ErgBIplklp•lm6BluwylnpdrM2agrAlc . - -�-�- FLON'LINf _ — 81W Coll SRssn R'iry.IM�IIM,AMm.�RTN TR.Y].R]SO Ess TiP.g1,F1Sp N — —�—�— SBWFR ueT /6 DATE:10 6 SCALE: I'=40 U'Us _ "I LOCATION. BURVElEO: DRAFTED: ® LOTS MJ JY 4. 4 ' ® BLUEBERRY RE`AEWFD' DT 4 MEADOWS b P6niD Commission October 12,2015 Agenda Item 3 15-5215 Blueberry Meadows SD Page 6 of 6 CITY OF ayevie PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: October 12, 2015 SUBJECT: CUP 15-5197: Conditional Use (1824 S. GARLAND AVEJARSAGA STUDIO, 600): Submitted by AVA ARSAGA for property located at 1824 S. GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is for an accessory structure larger than 50% of the primary structure. RECOMMENDATION: Staff recommends approval of CUP 15-5197 with conditions. BACKGROUND: The subject property is located one parcel of approximately 0.33 acres located 1824 S. Garland north of Cato Springs Road. The property is developed with a 1,115 square foot home built in 1946. The property is surrounded by undeveloped lots and a self-storage facility and represents an island of RSF-4 zoning within a large area of Industrial (1-1) zoning and land use. The surrounding land use and zoning is listed in Table 1. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North Self-storage 1-1 South Undeveloped 1-1 East Self-storage I-1 West Undeveloped I-1 FUTURE LAND USE PLAN DESIGNATION: Fayette Junction Complete Neighborhood Plan DISCUSSION: Request: The home owner is requesting approval to construct an accessory studio building containing 640 conditioned square feet on two levels, and approximately 180 square feet of deck and stairs. Chapter 164.02 permits accessory structures up to 50% the size of the principle residence. The proposed building would be 57% the size of the existing house, which requires Planning Commission approval of a conditional use permit. Mailing Address: Planning Commission 113 W. Mountain Street www.fayetig6a� 15 Fayetteville, AR 72701 15-5197 Arsaga Studio Page 1 of 14