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HomeMy WebLinkAbout2012-07-23 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting July 23, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on July 23, 2012 at 5:30 PM in Room 219 of the C Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the July 9, 2012 meeting. 2. PPL 12-4159: Preliminary Plat (W. VAN ASCHE DR/TWIN CREEK PH III LOT 19A, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located on WEST VAN ASCHE DRIVE (CMN BUISNESS PARK). The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.15 acres. The request is for a commercial subdivision with 8 lots. Planner: Quin Thompson 3. LSP 12-4154: Lot Split (NORTH ROBSHIRE LN./AGEE, 453): Submitted by BLEW AND ASSOCIATES for property located at NORTH ROBSHIRE LANE. The property is in the PLANNING AREA and contains a total of 20.07 acres. The request is for a variance of the lot width requirements in the Planning Area. Planner: Jesse Fulcher 4. LSP 12-4153: Lot Split (S. OF 4625 E. BRIDGEWATER LN./REO HOLDINGS, 219): Submitted by BLEW AND ASSOCIATES for property located SOUTH OF 4625 EAST BRIDGEWATER LANE. The property is in the PLANNING AREA and contains a total of 9.99 acres. The request is for a variance of the lot width requirements in the Planning Area. Planner: Jesse Fulcher Old Business: 5. ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the conditional use permit. Planner: Quin Thompson New Business: 6. ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558) Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests a variance of the I-540 Design Overlay District standards to allow direct lighting for a sign (message board sign). Planner: Andrew Garner y 7. CUP 12-4163: Conditional Use Permit (1201 S. MORNING SIDE DRIVE/NANTUCKET PH 4, 563): Submitted by CIVIL DESIGN ENGINEERS for property located at 1201 SOUTH MORNING SIDE DRIVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.36 acres. The request is for a conditional use permit for offsite and shared parking. Planner: Andrew Garner 8. CUP 12-4165: Conditional Use Permit (2925 OLD MISSOURI RD./GOOD SHEPHERD LUTHERAN CHURH, 253): Submitted by DEMX ARCHITECTURE for property located at 2925 OLD MISSOURI ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 3.80 acres. The request is to allow a church addition, Use Unit 4, in RSF-4 zoning district. Planner: Andrew Garner 9. RZN 12-4164: Rezone (1420 N. GARLAND AVE./BONDS, 405): Submitted by BOB BONDS for property located at 1420 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.28 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Planner: Jesse Fulcher 10. RZN 12-4166: Rezone (S. OF BROOKBURY CROSSING/RIGGINS, 294): Submitted by ENGINEERING SERVICES, INC. for property located SOUTH OF BROOKBURY CROSSING. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 20.99 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Planner: Quin Thompson 11. ADM 12-4171: Administrative Item (AMEND UDC CH.166; DEVELOPMENT, 523): Submitted by THE CITY OF FAYETTEVILLE PLANNING STAFF to amend the Unified Development Code (UDC) Chapter 166: Development to clarify the applicability of Non -Residential Design Standards for form based zoning district. Planner: Quin Thompson 12. ADM 12-4173: Administrative Item (AMEND UDC SECTION 166.04/ACCESS TO PUBLIC WATER AND SEWER): Submitted by CITY PLANNING STAFF. The request is to amend UDC Section 166.04 to clarify the requirements for access to public water and sewer. Planner: Andrew Garner The following items have been approved administratively by City staff: LSP 12-4155: Lot Split (143 S. GRAHAM/SUGARHILL PROPERTIES, 521): Submitted by BATES AND ASSOCIATES for property located at 143 S. GRAHAM. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY and contains a total of 0.21 acres. The request is to divide the subject property into two tracts of approximately 0.11 and 0.10 acres. 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 July 9, 2012 Page 1 of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 9, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: June 25, 2012 Approved Page 3 VAC 12-4147: Vacation (510 W. 11TH ST. & 989 S. SCHOOL AVE./THE GROVE, 562): Page 3 Approved New Business: CUP 12-4150: Conditional Use Permit (1722 N. STARR DR./ST. JOSEPH CHURCH, 373): Page 4 Approved RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Page 5 Tabled ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 6 Tabled July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 1 of 8 Planning Commission July 9, 2012 Page 2 of 8 MEMBERS PRESENT William Chesser Tracy Hoskins Craig Honchell Porter Winston Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch Ryan Noble Matthew Cabe Blake Pennington 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present except for Commissioners Bunch, Noble, Cabe, and Pennington. July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 2 of 8 Planning Commission July 9, 2012 Page 3 of 8 Consent: Approval of the minutes from the June 25, 2012 meeting. VAC 12-4147: Vacation (510 W. 11TH ST. & 989 S. SCHOOL AVE./THE GROVE, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate a portion of right-of-way. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 5-0-0 July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 3 of 8 Planning Commission July 9, 2012 Page 4 of 8 New Business: CUP 12-4150: Conditional Use Permit (1722 N. STARR DR./ST. JOSEPH CHURCH, 373): Submitted by JORGENSEN AND ASSOCIATES for property located at 1722 NORTH STARR DRIVE. The property is zoned R -A, RESIDENTIAL- AGRICULTURAL and contains approximately 11.32 acres. The request is for a conditional use permit for a playground, walking trail, and sports field (Use Unit 4). The staff report was given by Quin Thompson. Mr. Paul Warren of St Joseph described the project for the Commissioners. Motion: Commissioner Cook made a motion to approve CUP 12-4150 as recommended by staff Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 4 of 8 Planning Commission July 9, 2012 Page 5 of 8 RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. for properties located at 4054 & 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT (OAKBROOK BI) and contain approximately 1.80 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Motion: Commissioner Cook made a motion to table RZN 12-4146 until 7-23-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 4-1-0, with Commissioner Hoskins voting no. July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 5 of 8 Planning Commission July 9, 2012 Page 6 of 8 ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the conditional use permit. Staff report was given by Quin Thompson. Joe Brooks, the applicant, gave background for where the project stands and how it reached this point. There were no comments from the public; the item was brought back to the commission. Commissioner Winston asked the board to discuss whether the CUP should be revoked or the item tabled. City Attorney Williams asked how long it would take to resolve the violations. Mr. Brooks was not sure how long to complete the testing and back filling of the waterline and trench. He said relocation of the stage was waiting until the trench was filled. Thompson said that he had received an e-mail from Buck Nekkid representative Will Houston indicating that the items were being addressed and would be complete within two weeks. Mr. Williams added that the stage location must be consistent with the approved Conditional Use Permit. Mr. Brooks responded that the stage was never meant to remain in the current location, that it was simply being constructed in a convenient location before being moved. Mr. Chesser asked Mr. Brooks if the stage location was always intended to be temporary. Mr. Brooks responded that it was a temporary `assembly' location and that it could be moved. Mr. Chesser asked if building permits were applied for when the restaurant opened. Thompson stated that they were not necessarily required to open a former restaurant as a new restaurant. Mr. Hoskins asked how long the restaurant had been open. Mr. Thompson said that he was not sure but believed it was close to a year. Mr. Hoskins asked when the Certificate of Occupancy was issued. Thompson replied that neither temporary nor permanent Certificates of Occupancy had be requested July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 6 of 8 Planning Commission July 9, 2012 Page 7 of 8 or issued for the cooking shed and patio addition. Mr. Hoskins asked why the Certificates of Occupancy had not been issued Mr. Thompson replied that the cooking shed and patio required inspections before C of 0, including inspections for a footing and electrical work on the cooking shed and all inspections for the patio. Mr. Hoskins asked why the footing had not been inspected. Mr. Thompson replied that the footing had not been installed as designed, and in staff opinion was a potential public safety risk, adding that development services had recently reviewed an engineered proposal to secure the shed to the pavement using `mobile home' anchors. Mr. Hoskins asked about approvals for the fire line and automatic sprinkler systems. Mr. Thompson said that the tap and fire line installation did not require a building permit, although the work did require Water and Fire department approval. He said that approvals were given close to a year before work commenced, and that Development Services and the Fire Department were not expecting the work. He added that Development Services issued a stop work order after reports that trenching was under way near the illegal stage, with the assumption that the trenching was related to continuing stage construction. When the red stop work tag was delivered, he says he received a call from the building inspector saying that there was unpermitted plumbing work underway, including a tap to a City water main. The stop work order intended for the stage then effectively stopped work on the sprinkler project until the sprinkler approvals were confirmed and work was allowed to continue. Mr. Hoskins asked about the size of the stage. Mr. Brooks replied that is was approximately 10 feet by 20 feet. Mr. Thompson responded that he wasn't sure about the dimensions of the stage, but that it was larger than had been approved. Mr. Hoskins asked Mr. Brooks to provide a drawing or diagram of the stage, relocated to an approved location. Mr. Hoskins expressed concern about the way the projects were being handled, and suggested that the applicant may want to amend the existing Conditional Use Permit to allow the stage in a new location. Mr. Honchell discussed the size of the stage and added that he could not imagine a better location for outdoor music, given how close the highway is and long distance to the nearest residential neighborhoods. July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 7 of 8 Planning Commission July 9, 2012 Page 8 of 8 Mr. Brooks discussed plans for the music venue, including a larger venue planned for a second location on the site. Mr. Chesser discussed the relative difficulty of getting a variance approved through the Board of Adjustment, adding that he would support a tabling of the ADM if it was reasonable for the applicant to resolve outstanding items before the next planning commission meeting. Mr. Williams recommended tabling for two weeks. Mr. Thompson discussed the schedule provided by Buck Nekkid, showing that work was scheduled to be complete and inspections scheduled well within a two week period. Motion: Commissioner Chesser made a motion to table ADM 12-4168 until 7-23-12. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 7:00 PM. July 23, 2012 Planning Commission PC Minutes 07-09-2012 Agenda Item 1 Page 8 of 8 Wftevtlle ARKANSAS PC Meeting of July 23, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Subdivision Committee FROM: Quin Thompson, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: July 16, 2012 PPL 12-4159: (TWIN CREEKS VILLAGE LOT 19A, CMN II PH III, 172-211): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located NW OF THE INTERSECTION OF E VAN ASCHE DRIVE AND N STEELE BOULEVARD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.15 acres. The request is for a commercial subdivision with 8 lots. Planner: Quin Thompson Findings: Property: The subject property, Lot 19A of CMN II Phase III, is located on the north side of Van Asche Drive, west of Steele Boulevard. The property is zoned C-1 and contains approximately 9.15 acres. The subject property was previously a part of a larger 53.93 acres, collectively known as CMN II Phase III. A lot split and concurrent plat approved by the Planning Commission in 2007 created the subject property. Lot 19C contains approximately 16.17 acres and borders the entire western property line. This tract was dedicated to the City of Fayetteville in 2007 to allow the continued extension of Scull Creek Trail and to serve as a permanent tree preservation area for Lots 19A, 19B and 20. Lot 19B is located on the south side of Van Asche Drive. Proposal: The applicant requests preliminary plat approval to create 8 lots for future development. Infrastructure improvements will include the installation of utilities and a 24 foot drive aisle/access easement that will provide access to each lot. A drive aisle will also connect to the adjacent existing commercial development to the East, and a Multi - Use Trail will be constructed along the Northern portion of the site.The applicants will be able to proceed with a final plat application after these improvements have been made. Surroundinv Land Use and Zoning Direction Land Use Zoning North Undeveloped/Scull Creek Trail City of Johnson South Undeveloped — Lot 1 9B CMN II PH. III C-1, Neighborhood Commercial East Office - Lot 5 CMN II PH. I C-1, Neighborhood Commercial G:\ETC\Development Services Review \2012\Development Review \12-4159 PPL CMN Bus. Park, ulYr�A 1 Va{�nA�sche Dr.H(Twina Creek Village Ph 11l)\03 Planning Commission \07-23-2012\PPL 12-4159 (TWIN CREEKS V1LL �2-0 Tw nCieek ��III°CLot 9A Agenda Item 2 Page 1 of 8 West Tree preservation — Lot 19C CMN II PH. III C-1, Neighborhood Commercial Water and Sewer System: Water and sewer lines will be extended through the property to provide access to each lot, prior to final plat approval. Adjacent Master Street Plan Streets: Van Asche Drive (Principal Arterial) Right-of-way to be dedicated: Sufficient right-of-way has been previously dedicated for Van Asche Drive. Street Improvements: All adjacent public streets have been improved. Additional street improvements are not recommended at this time; however, the proposed driveway shall be constructed to City standards. Connectivity: The applicant is proposing a 24 foot private drive that will provide access to Van Asche Drive for all lots. A drive will also be extended to the east property line, providing a connection to the existing office development on Lot 5 of CMN II. No connections to the west or north are proposed due to the floodway and tree preservation areas. An 8 foot wide concrete trail with shall be constructed within a dedicated 10 foot wide multi -use trail easement connecting the private drive to the Mud Creek Trail. Tree Preservation: As noted herein, Lot 19C was previously dedicated to the City of Fayetteville to meet the tree preservation requirements for the lots in CMN II Phase III. Public Comment: Staff has not received any public comment. Recommendation: Staff recommends forwarding PPL 12-4159 to the Planning Commission with a recommendation for approval with the following conditions: Conditions of Approval: 1. Direct access for all lots to Van Asche shall be limited to the proposed private drive, in accordance with Access Management Ordinance (UDC chapter 166.08). 2. Cross access between lots shall be evaluated as each lot develops. 3. The new private drive providing access for all lots shall be placed within an access easement at the time of final plat. 4. Street lights, if not already installed, shall be installed at all intersections and with a maximum separation of 300 feet prior to signing the final plat. 5. Private street signs shall be installed and paid for by the developer prior to recordation of the final plat. 6. Commercial Design Standards, parking lot design, landscaping requirements, curb -cut locations, screening, etc. shall be evaluated at the time of development of each lot, be it a building permit or Large Scale Development. G:\ETC\Development Services Review \2012\Development Review \12-4159 PPL CMN Bus. Park, 111?(1293A va�nAscqhe Dr. I(Twin Creek Village Ph IID\03 Planning Commission \07-23-2012\PPL 12-4159 (TWIN CREEKS VILL 12-41 'Vtnail ek PR1110Geot 9A Agenda Item 2 Page 2 of 8 7. No work shall be permitted within the FEMA designated floodway. 8. All comments and recommended conditions from the Engineering Department, included herein, shall be met. 9. All comments from the City 911 coordinator shall be met. 10. An 8 foot wide concrete trail shall be constructed within the provided 10 ft. trail easement to connect the drive aisle to the Mud Creek Trail corridor before final plat. The trail shall comply with City of Fayetteville trail development standards and shall include a bollards and signs to prohibit vehicular access to the trail. 11. Provide documentation of agreement with owner of the property to the East to allow access to the existing private drive. Tree Preservation and Landscape Plan Conditions: 12. All landscape requirements, including but not limited to street trees, parking lot trees, screening, and detention pond plantings shall be required at the time of building permit/large scale development review. 13. Tree preservation requirements have been met with the dedication of Lot 19C to the City of Fayetteville. 14. Chapter 177 gives the choice of planting street trees with infrastructure or with development. Please coordinate a planting schedule with the Urban Forester and note on the final plat. 15. At the time of construction drawings the landscape plan must be stamped by a licensed landscape architect. 16. Street trees shall be bonded for a 3 -year period. This bond is for the maintenance of the trees. This amount must be deposited with the City before signing the final plat. Standard Conditions of Approval: 17. All signage shall be reviewed and approved by the Planning Department prior to installation. Freestanding signage is not permitted within utility easements, unless otherwise approved by all utility companies. 18. All street names and addresses shall be approved by the 911 coordinator. 19. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility 12 G:\ETC\Development Services Review \2012\Development Review \I2-4159 PPL CMN Bus. Park, UPI�.A Vma�nA�s�eqhe Dr.1{(Twin'I1�1 Creek Village Ph BI)\03 Planning Commnission\07-23-2012\PPL 12-4159 (TWIN CREEKS VILL -41Ai"'l"iC eekIPB.IIIrEot 9A Agenda Item 2 Page 3 of 8 representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 20. 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), tree preservation, and trails. 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. 21. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 22. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 23. Preliminary Plat approval shall be valid for one calendar year. Subdivision Committee Action: ? Approved ? Forward to PC ? Tabled Motion: Second: Vote: Meeting Date: July 23, 2012 G:\ETC\Development Services Review \2012\Development Review\12-4159 PPL CMN Bus. Park, oY TYA �Vnra�nAsche Dr.pII(Twin Creek Village Ph III)\03 Planning Commission \07-23-2012\PPL 12-4159 (TWIN CREEKS VILLA 9 Y"wmCnreek P't'lll?ot 9A Agenda Item 2 Page 4 of 8 iI TWIN CREEKS VILLAGE PHASE III LOT 19A FAYETTEVILLE, ARKANSAS MCCLELLAND CONSULTING ENGINEERS, INC. nii 1: 1d g -4 Co emission 159 Twin Creek err 2 PPL 12-4159 Close Up View • • 4 C-1 161NASCHELDOP Multi -Use Trail (Existind) WREN afffuture Trails Fayetteville City Limits RSF.4 cop,NDPIPER DR 4PPL12-4159 Footprints 2010 Hillside -Hilltop Overlay District Design Overlay District Design Overlay District 0 150 300 600 90duhy 23, 2012 1,200 Planning Area win reek Phil! Lot 9A Agenaa Rem t Page 6 of 8 R-0 ONICOR ICE ST RSM RSF-4 ERTHA 8 4 R9Fi 11 1 MI 1,— Legend Subject Property O PPL12-4159 Boundary U PPL 2-4159 Desi !n Overlay District Plan ing Area Fay tteville 0 0.25 0.5 1 Jul 2t k _ sion PDI 19-4 SQ Twin Crock PhIll I nt QA Agenda Item 2 Page 7 of 8 July 23, 2012 Planning Commission PPL 12-4159 Twin Creek Phil! Lot 9A Agenda Item 2 Page 8 of 8 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 18, 2012 PC Meeting of July 23, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSP 12-4154: Lot Split (NORTH ROBSHIRE LN./AGEE, 453): Submitted by BLEW AND ASSOCIATES for property located at NORTH ROBSHIRE LANE. The property is in the PLANNING AREA and contains a total of 20.07 acres. The request is for a variance of the lot width requirements in the Planning Area. Planner: Jesse Fulcher Findings: Property and Background.: The subject property is located in the Fayetteville Planning Area, northeast of N. Canvas Road and the Canvas Mountain Subdivision. A private drive (Robshire Lane) provides access to flute properties, the subject 20 acre tract and two 10 acre tracts. All three properties have legal access to the private drive, utilities and a public water line. The owner would like to construct a new home on the existing 20 acre tract; however, the owner has been informed that he can not finance a new home and 20 acres with a secondary market loan. This is due to the fact that the land value as a percentage of the overall appraised value (of the home and land) is too high. The bank has stated, however, that a secondary market loan would be available if the property were reduced to 10 acres. Table 1: Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Undeveloped Planning Area, 1 Unit/Acre South Single-family Planning Area, 1 Unit/Acre East Single-family Planning Area, 1 Unit/Acre West Undeveloped Planning Area, 1 Unit/Acre Proposal: The applicant has submitted a lot split app 'cation to divide the 20 acre tract into two 10 acre tracts. Chapter 166.08 of the Unified Development Code provides regulations for residential lots created in the Planning Area, including a minimum width along a public street. The new lot will not have the 75 feet of frontage on a public street as required by Chapter 166.080). G:IETCIDevelopment Services Review120121Development Review LSP I2-4154 Agee/Robshire LanelJ2-Planning Commission17-23-121Comments and Redlines July 23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 1 of 6 (I) Residential lots. The use and design of lots shall conform to the provisions of zoning where City zoning is in effect. When no City zoning applies, the following standards shall govern unless in conflict with more stringent city, county or state regulations: (1) Bulk and area regulations: Request: The applicant is requesting approval of a variance to create a new lot within the Planning Area without frontage on a public street. The Planning Commission may grant a variance of the development regulations (Chapter 166) as follows: 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (The subject property has access to Canvas Road) Recommendation: As noted herein, the property owner can not obtain a conventional secondary market loan (typically a 30 -year fixed rate), because the property value is too high as a percentage of the overall appraised value. The only opportunity available for the owner is to reduce the land size and related value through a lot split. Denial of the lot split will more than likely require the owner to obtain financing through an adjustable rate mortage. Staff recommends approval of LSP 12-4154, finding that a financial burden will be created by denial of the lot split. Planning Commission Action: O Approved O Denied Motion: Second: Vote: Meeting Date: July 23, 2012 G:IETCIDevelopment Services Review12012IDevelopment ReviewILSP 12-4154 Agee/Robshire Laneti2-Planning Commissionl7-23-121Comments and Redlines July 23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 2 of 6 Planning Area Lot area minimum 10,000 sq. ft. Lot width minimum 75 ft. Side setback 10 ft. Front Setback 25 ft. Rear setback 20 ft. Frontage on improved street 75 ft. Request: The applicant is requesting approval of a variance to create a new lot within the Planning Area without frontage on a public street. The Planning Commission may grant a variance of the development regulations (Chapter 166) as follows: 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (The subject property has access to Canvas Road) Recommendation: As noted herein, the property owner can not obtain a conventional secondary market loan (typically a 30 -year fixed rate), because the property value is too high as a percentage of the overall appraised value. The only opportunity available for the owner is to reduce the land size and related value through a lot split. Denial of the lot split will more than likely require the owner to obtain financing through an adjustable rate mortage. Staff recommends approval of LSP 12-4154, finding that a financial burden will be created by denial of the lot split. Planning Commission Action: O Approved O Denied Motion: Second: Vote: Meeting Date: July 23, 2012 G:IETCIDevelopment Services Review12012IDevelopment ReviewILSP 12-4154 Agee/Robshire Laneti2-Planning Commissionl7-23-121Comments and Redlines July 23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 2 of 6 Blew „''Associates, P.A. Professional Land Surveyors 524 W. Sycamore Street Suite #4 Fayetteville, AR 72703 PH: 479-443-4506 " FAX: 479-582-1883 http://www.blewinc.com Fayetteville Planning Commission: Regarding Lot split and Variance Application My clients, Kim and Janie Agee, are applying to split their 20.07 acre parent tract, located on Robshire Lane, into two separate tracts. The two resulting tracts will contain 10.03 acres and 10.04 acres. They will also be applying for a variance due to the fact that the original parent tract does not have road frontage. The Agee's would like to build a home and on one of the tracts with a standard secondary market loan. The bank has advised them that they can not finance their home and 20 acres with a secondary market loan, but they would be able to with a 10 acre tract. Therefore a denial of their variance request would cause them an undue hardship. Please contact me if you have any questions. Sincerely, Buckley Blew Blew & Associates, PA BuckleyPblewinc.com July 23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 3 of 6 z w 'wine ISSIAV l NOSINBERD HO1nIH I !a NOISN31X3 3NIla31VM ONI'SJJ33NIJN3 ONI1NNSNOO g ago S31VIOOSSY 9 NESN3OaC—! WATER DETAILS July 23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 4 of 6 S � ' ?v, k 4 1. \ 4 e g 414 -I I WATER DETAILS July 23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 4 of 6 PPL12-4154 Close Up View AGEE as it II SUBJECT PROPERTY Legen ■ uture Trails -.yetteville City Li PPL12-4154 'its 2010 �1 lillside-Hilltop Ov Design Overlay Di Design Overlay Di Planning Area Parcel Lines County Parcels •rlay District .trict .trict 0 150 300 600 900 1,200 Feet July 23, 2012 Planning Commission Agenda Item 4 Page 5 of 6 PPL12-4154 One Mile View PSE1400 SUBJECT PROPERTY RIVATE 6 Legen Trail re Trails uti-Use ail -xist SF -0 R-0 RS -0 re Trail: Overview r• u s. Legend Subject Property O PPL12-4154 Boundary 0.25 0.5 verlav Disl6>ac- LJ PPL 2-4154 Eli Design Overlay District Plan ling Area Fayetteville 1 M ilesuIY23, 2012 Planning Commission LSP 12-4154 Agee Agenda Item 4 Page 6 of 6 •1 4 a vevlS _e ARKANSA • THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 18, 2012 PC Meeting of July 23, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSP 12-4153: Lot Split (S. OF 4625 E. BRIDGEWATER LN./REO HOLDINGS, 219): Submitted by BLEW AND ASSOCIATES for property located SOUTH OF 4625 EAST BRIDGEWATER LANE. The property is in the PLANNING AREA and contains a total of 9.99 acres. The request is for a variance of the lot width requirements in the Planning Area. Planner: Jesse Fulcher Findings: Property and Background: The subject property is located in the Fayetteville Planning Area, south of Bridgewater Lane. A private drive provides access to three properties, the subject 10 acre tract, a similar sized property on the east side of the drive and an approximately 5 acre site to the south that is developed with a single-family home. The property was created through a series of property line adjustments with surrounding parcels, all part of a much larger agricultural property. All three properties have legal access to the private drive. However, a public water main is required to be extended if the lot split is approved. It should be noted that this property has not been split in the past. Table 1: Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Single-family Planning Area, 1 Unit/Acre South Single-family Planning Area, 1 Unit/Acre East Single-family Planning Area, 1 Unit/Acre West Single-family Planning Area, 1 Unit/Acre Proposal: The applicant has submitted a lot split application to divide the 10 acre tract into two 5 acre tracts. Chapter 166.08 of the Unified Development Code provides regulations for residential lots created in the Planning Area, including a minimum width along a public street. The new lot will not have the 75 feet of frontage on a public street as required by Chapter 166.08(I). (I) Residential lots. The use and design of lots shall conform to the provisions of zoning where City zoning is in effect. When no City zoning applies, the following standards shall govern unless in conflict with more stringent city, county or state regulations: G: IETCIDevelopment Services Review120121Develapment Review\LSP 12-4153 Bridgwater/REOI12-Planning Commission17-23-121 Comments and Redlines July 23, 2012 Planning Commission LSP 124153 REO Holdings Agenda Item 5 Page 1 of 6 (1) Bulk and area regulations: Request: The applicant is requesting approval of a variance to create a new lot within the Planning Area without frontage on a public street. The Planning Commission may grant a variance of the development regulations (Chapter 166) as follows: 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (The subject property has access to Bridgewater Lane) Recommendation: In order to avoid a variance request, the applicant would have to construct a public street approximately 800 feet to provide public street frontage for the new lot. The cost of this improvement, in staff's opinion, would not be proportional to the impact of one additional lot. Additionally, the subject property has access to Bridgewater Lane through a 50 foot wide acess easement, which functions as a narrow private street, meeting the general intent of the ordinance. Staff recommends approval LSP 12-4154 finding that the requirements of Chapter 166 create an undue hardship Planning Commission Action: Motion: Second: Vote: Meeting Date: July 23, 2012 O Approved O Denied 6:I ETCIDevelopment Services Review120121Development ReviewlLSP 124153 Bridgwater/RE0112-Planning Commission17-23-121Comments and Redlines July 23, 2012 Planning Commission LSP 124153 REO Holdings Agenda Item 5 Page 2 of 6 Planning Area Lot area minimum 10,000 sq. ft. Lot width minimum 75 ft. Side setback 10 ft. Front Setback 25 ft. Rear setback 20 ft. Frontage on improved street 75 ft. Request: The applicant is requesting approval of a variance to create a new lot within the Planning Area without frontage on a public street. The Planning Commission may grant a variance of the development regulations (Chapter 166) as follows: 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (The subject property has access to Bridgewater Lane) Recommendation: In order to avoid a variance request, the applicant would have to construct a public street approximately 800 feet to provide public street frontage for the new lot. The cost of this improvement, in staff's opinion, would not be proportional to the impact of one additional lot. Additionally, the subject property has access to Bridgewater Lane through a 50 foot wide acess easement, which functions as a narrow private street, meeting the general intent of the ordinance. Staff recommends approval LSP 12-4154 finding that the requirements of Chapter 166 create an undue hardship Planning Commission Action: Motion: Second: Vote: Meeting Date: July 23, 2012 O Approved O Denied 6:I ETCIDevelopment Services Review120121Development ReviewlLSP 124153 Bridgwater/RE0112-Planning Commission17-23-121Comments and Redlines July 23, 2012 Planning Commission LSP 124153 REO Holdings Agenda Item 5 Page 2 of 6 Blew _ Associates, P.A. Professional Land Surveyors 524 W. Sycamore Street Suite 44 Fayetteville, AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 http://www.blewinc.com Fayetteville Planning Commission: Regarding Lot split and Variance Application REO Holdings would like to subdivide their existing ten acre parcel into two five acre tracts for the purpose of building two residential homes. Since the existing parcel does not have 75' of frontage on a public road, REO Holdings is asking for a variance of the road frontage requirements for this split. Currently this tract is being accessed by an existing easement. Financially this project would be unattainable if they had to develop the existing access easement into a public street. Thank you for your consideration in this matter. If you have any questions and/or concerns regarding this project please do not hesitate to contact me. Sincerely, Buckley Blew Blew & Associates, PA Buckley@blewinc.com July 23, 2012 Planning Commission LSP 124153 REO Holdings Agenda Item 5 Page 3 of 6 05ND 16 MDOG. (507 USEDC0)O NOT T0 ADJACENT 440007EAs VAN • S EOMAYWOODD RO KARENRN, DARIO Zi O P ERCES R00�5573M1 ZO500:AGRF R£31 Cr•EgSN7C=G7:11;;TER LN p5 :�1/3000RES. OPATEVIEVILLS ESE 7270R PARCEL #340.00524404 00500:AGNS RESP ra Q F ITEEE REV IPPSPARCEL 4340.01525-000 CIO NOW LCNCL1 Q pEOCCORMOS L RM1ERO XSARttAI23W P ARCEL #001-15579400 20000:00/04 RESTI 7610EP:rtUCABLEM5L114410a0 "Th YETTEVLLE. AR 72703 o �100NRRE0 NED1 • ZARCEL ECOO15653-000 05001AG/SFREG1 Q oPARCEL 1/001.15570.000 L.O NM LOVELL PARCEL 40130-15579-000 CONED: AGISF RES -1 DETAILG 70450 005100TENAILOFD.IE MOT NOT TO SWEE PARENT TRACT PARCEL 0001-1557900 TOTAL ACREAGE 999 ACRES+I- O4eASP ALTT-R00 LANA CA PI 4527462523 rI RO.0. ERECT TRACT 2 5.00 ACRES T7 - ZONED: AGISF RES -1 e�) Lm TRACT 1 4.99 ACRES H - ZONED: AG/SF RES1 I — J O2 SEE DETAILB T SURVEY 37110M PARENTURACT: A PART CO TUE SOUTHWEST ONFITER OF THE SOUTHEAST CICARTER Of SECTION P.TOWNSHIP 17 NORTH, RANCE 2S WEST. WASHINGTON COUNTY. ARKANSAS. BE1RC MORE PARTICCURLY CESCRIBED 0.5 FOLLOWS.10,MTUTEGIRITIRG ET THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT, SAID POINT DEING A FOUND IRONER/ .10 RUNNING THENCENEMO 1VE 65.9.9VTO THE POINT 00 BEGINNING. CONTONING 999 ACRES MORE OR LESS, SCEJECT TO EASEIVENTOVID RIGHTS-OF-1NET OT RECORD.IF ANY, SURREY DC5041E1105 TRACT A FART OE THE SORTHOEST QUARTER 0F TIIE SOOTHEAST QUARTER OF SECTION29. TOWNSHIP IT NORMS. FLOIGE 27 WEST, WASHINGTON COUNTY. ARKVISAS. BEING MORE PAROCULAIRUI DESCRIBED AS FOLSOWS. TOMPVEGINNING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT.S012 00VIT BEING AFOURD IRON PIN. NID RUNNING THERCE NOTEVIME 329.64. TO A SET IRON FIN. TR ENCE ser2s,ErE 659.95,0 A SET MAC RAC THENCE 502.30•57IR 520.401000001CRETE NAIL 'THENCE NIST3117We G5991. TO THE POINT OF BEGINNING. CCOTAJNING 4.09 ACRES MORE CR LESS. SUBJECT 00 SURVEY DESCRIPTION TRACT SV PART OF THE SOUTHWEST WEST. WASHINGTON CONNTY. ARKANSAS. REING MORE PARTICULARLY DESCILBED AS FOLLOWS. TONTIO EECINNING AT A CROSS TO A SET NIAG NAIL THENCE NfOR15`10,/ 150 Se, TO THE POINT OF LE50, SUBJECT TO EASEMENTS AND 01GxrsORWAV OF RECORD. OF 22423. BEEIxrvWG.C9NTNNINGS.W ACRES. MORE CR STANDARD LEGEND ACCESS EASEMENT ASPER SURVEY FILED IN DEED BOON 2010 AT PACS 1•9335 007022.2340 ® 111 CENTER ST. SUITC 2200 LITTLE/ROCK. AR 7220I PARCEL E001 -15.579-00R ZONED: AGOG REC-1 suRMEY TE.TGREs 4,N mcsmEN.. Ei06E osoma/. on5000000.1w A000�• ©Fel"al TVY.�0 WPM' Ulf — JOB 1112-203 ME mI0� ppi? 45'40000 GE 29 WEST 5•700YNsREAnaido0& --- - _ _ _ - u..�......,,.x' e.. 0 PO 0 04.,004.... o ©0. 0 u^ * 0S. 0� ununu MATEP E71 -, ---- .T CJ.a 0 CD.m.EL F....... h,200000.,. SURVEYING NOTES STATE RECCROING NUMBER: CCOPLETEO FIELD CORK MA730, SOU B ASIS CIF BEARING. ARKANSAS STATE PLANE.NOROVIONE NED. REFERENCE occumeas: 0.1NARRNITS EEO TILED IN DEED BOOK COON, SURVCV PLAT FILED IR PLAT 800002010 ET PAGC SURVEY PLAT FILED IN PLAT 400020104T PAGE FLOOD CERTIFICAUON: NO PORTON OF IOIS PROPERfl IS LOCATED WITHEI FLOOD INSURANCE PROGRAM ELCODINSILIRAMCE RATE/MS FOR (FIRM PANEL 000141002000 DATEDU0005'Nm) 05001572000000 ONO BUILDING SET/SET/TROTS. CONED; ACO SIDE: IV REAP. 27 CERTIFICATE OE CROPERS-117713CDICATION, 000074)OW550002G OF THE REAL ESTATE SHOwx AHO DESCRIBED HER/NM THE /UNDERSINED OWNERS, RERESENTING ONE HUNDRED E OCOWMNPEARNOSLDO HEREBY DEDICATE FOR PUBLIC OWNERSHIP. ALL. STREETS AND ALLEYS AS SHOWN CN DRC 401NG ANDY CARIETBTTEELEVISON 00 72440uR 4OLDI GPYE FRANCHISE GRANTED 01 WASHINGTON 1m)TNECES N.Ex15 AS SNOWS 011 THIS PUT FOR THE PURPOSE OE VISTELLA110N OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTE/TURNED TORUN IS THE RIGEIT OE INGRESS Pt/DEGREES TO SAM EASEMENTS, THE RIGHT TO PROHIBIT -R1E ERECTION OF BUILDINGS. STRUCTURES. OR FENCES WITHIN SAIO EASEMENTS. AND 1,1 RICEITIO REMOVE OR ERNA TREES OMAN SAID DATE OWNER THE =DIN 0.4,010 `` ���•1.5T£kE00 . STATE 0P'•. RI00070 N0. 1532 M1o= 4 T. LAN0n+•• CUMFICA . 23:»0 100 200' Dhnning Cemml^6'^n LSP 124153 REO Holdings Agenda Item 5 Page 4 of 6 BLEW &AASSOCIAND ESxs 7207yy 4 0 w ,. 7020 050024 040-0003 7NONENdeskoom F DR THE USE N.0005EDTOF REO HOLDINGS I. LLC JOB 1112-203 011Ami BY SCOTT ppi? 45'40000 GE 29 WEST 5•700YNsREAnaido0& YES c0UxTWSTATE 51Rm 050E010110012 Dhnning Cemml^6'^n LSP 124153 REO Holdings Agenda Item 5 Page 4 of 6 LSP 12-4153 Close Up View REO HOLDINGS Legend Multi -Use Trail (Existing) Future Trails - - - Fayetteville City Limits MALSP12-4153 Footprints 2010 Hillside -Hilltop Ove CA80 DF K 0 5 -J Design Overlay Di Design Overlay Di Planning Area rlay District strict strict 0 125 250 500 750 1,000 Feet y 23, 2012 nning Commission L53 124153 REO Moldings Agenda Item 5 Page 5 of 6 Jul Pia LSP 12-4153 REO HOLDINGS One Mile View DAVIS L SUBJECT PROPERTY „' RSFiRSF4 RSF4 CHATSWORTH RD an RSF-4 RSF-4 RSF4 RSFdst _ Multil Overview Legend Subject Property O LSP12-4153 LJ LSP12-4153 E _! Desijn Overlay District Boundary Planting Area Fayetteville 0.25 0.5 1 MilleS 2012 'lannino Commission LSP 124153 REO Holdings Agenda Item 5 Page 6 of 6