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Home My WebLink About2014-01-13 - Agendas - Final Plannin¢Commission Plannine Commissioners Officers Blake Pennington William Chesser Craig Honchell,Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting January 13, 2014 A meeting of the Fayetteville Planning Commission will be held on January 13, 2014 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Agenda Session Presentations, Reports and Discussion Items Announcement of election of officers and terms of office Call to Order Roll Call Consent. 1. Approval of the minutes from the December 9, 2013 meeting. 2. VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to vacate a water/sewer easement. Planner: Jesse Fulcher 3. VAC 13-4587: Vacation (1285 E. MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 1285 E. MILSAP ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.83 acres. The request is to vacate unconstructed right-of-way. Planner: Jesse Fulcher Old Business: 4. LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck. Planner: Andrew Garner 5. ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY & STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Staff: Peter Nierenearten New Business: 6. ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail structure(airstream trailer)to remain on the property for longer than 90 days. Planner: Quin Thompson 7. ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION #2, 484): Submitted by U ARK Land Venture, LP for property located southwest of the intersection of WEST LAFAYETTE STREET AND NORTH CAMPBELL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and MSC, Main Street Center, and contains approximately 2.85 acres. The request is for an extension and a major modification to the previously approved Eco Downtown large scale development(LSD 11-3992). Planner: Quin Thompson 8. CUP 13-4569: Conditional Use Permit (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM &GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is for a conditional use permit to allow additional parking. Planner: Jesse Fulcher 9. LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM &GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. Planner: Jesse Fulcher 10. CUP 13-4593: Conditional Use Permit (495 W. DICKSON STREET/WALTON ART CENTER, 484): Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 4.13 acres. The request is for a conditional use permit to allow off-site parking for Walton Arts Center expansion.Planner: Jesse Fulcher 11. LSD 13-4583: Large Scale Development (495 W. DICKSON STREET/WALTON ART CENTER, 484): Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 4.13 acres. The request is for a 15,500 square foot expansion to the existing building. Planner: Jesse Fulcher 12. CUP 13-4589: Conditional Use Permit(560 N.RUPPLE ROAD/BOYS AND GIRLS CLUB,439): Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The request is for a conditional use permit to allow Use Unit 4, Cultural and recreational facilities, in an R-A zoning. Planner: Jesse Fulcher 13. LSD 13-4586: Large Scale Development (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439): Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The request is for an 18,965 square foot expansion to the existing building. Planner: Jesse Fulcher 14. CUP 13-4575: Conditional Use Permit (500 N. VINSON AVENUE/HOUSE FAMILY, 447): Submitted by HELLER CAD CONSULTING for property located at 500 NORTH VINSON AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.31 acres. The request is for a conditional use permit to allow two tandem lots. Planner: Quin Thompson 15. CUP 13-4576: Conditional Use Permit (EAST OF STONE MOUNTAIN DRIVE/R.BRISEL, 489): Submitted by JORGENSEN & ASSOCIATES for property located EAST OF THE DEAD END OF STONE MOUNTAIN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains 38.25 acres. The request is for a conditional use permit to allow a tandem lot. Planner: Quin Thompson 16. CUP 13-4574: Conditional Use Permit (825 S. STONEBRIDGE ROAD/HAMMANS, 566): Submitted by HOWARD HAMMANS JR. for property located at 825 SOUTH STONEBRIDGE ROAD. The property is zoned R- A, RESIDENTIAL AGRICULTURAL and contains approximately 2.83 acres. The request is for a conditional use permit to allow a Plant Nursery (Use Unit 2), City-wide uses by conditional use permit. Planner: Andrew Garner 17. RZN 13-4573: Rezone (825 S. STONEBRIDGE ROAD/HAMMANS, 566): Submitted by HOWARD HAMMANS JR. for property located at 825 SOUTH STONEBRIDGE ROAD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.84 acres. The request is to rezone the property to NS,NEIGHBORHOOD SERVICES. Planner: Andrew Garner 18. RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVE/MORLAN, 396): Submitted by WILLIAM JENKINS for property located at 6316 W. WEDINGTON DRIVE. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.87 acre. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE. Planner: Quin Thompson 19. RZN 13-4571: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. GOLF CLUB DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. GOLF CLUB DRIVE. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-1, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE and contain approximately 11.30 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE. Planner: Quin Thompson 20. RZN 13-4572: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3, 400): Submitted by CITY OF FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE ROAD. The properties are zoned R-O, RESIDENTIAL OFFICE, C-1, NEIGHBORHOOD COMMERCIAL,AND C-2, THOROUGHFARE COMMERCIAL and contain approximately 5.65 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Planner: Quin Thompson 21. ADM 13-4601: Administrative Item (UDC Amendment Protected Streams Map): Submitted by the CITY ENGINEERING DIVISION. The request is to amend the Protected Streams Map referred to in UDC Chapter 168.12(C) near Walnut Avenue and Maple Street Floodplain Administrator: Sarah Wrede The following item has been approved administratively by City staff. LSP 13-4550: Lot Split (SLIM CHICKENS/WEDINGTON, 400): Submitted by JORGENSEN & ASSOCIATES for property located at the NORTHEAST CORNER OF WEDINGTON AND GOLF CLUB DRIVE. The property is zoned R-PZD THE LINKS and contains 2.79 acres. The request is to split the property into two tracts containing approximately 1.04 and 1.75 acres. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interestedparties may appear and be heard at the public hearings. Ifyou 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 allpublic 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 otherpertinent 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 December 9, 2013 Page I of 14 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on December 9, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: November 25,2013 Approved Page 3 VAC 13-4544: Vacation (HARVEY'S HILL/CENTER& DUNCAN, 522): Approved Page 3 ADM 13-4566: Administrative Item (3145 W. SALEM RD./RAVEN LANE AMENDMENT, 206): Page 3 Approved New Business: ADM 13-4542: Administrative Item (617 N. COLLEGE AVE./KONA COAST,445): Page 4 Approved LSD 13-4483: Large Scale Development(1707 W. NETTLESHIP ST./UNIVERSITY BROWNSTONES, 520): Pages Approved LSD 13-4524: Large Scale Development(INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL,483): Page 6 Tabled RZN 13-4546: Rezone(4377 HUNTSVILLE ROAD/BALDWIN CHURCH OF CHRIST,569): Page 7 Forwarded RZN 13-4547: Rezone(MLK/BEECHWOOD/EATON, 521): Page 8 Forwarded RZN 13-4548: Rezone(MCMILLAN ESTATES,441): Forwarded Page 9 January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 1 of 14 Planning Commission December 9, 2013 Page 2 of 14 RZN 13-4552: Rezone(PARK WEST, 209): Forwarded Page 10 RZN 13-4553: Rezone(WEDINGTON CIRCLE,404): Forwarded Page 11 ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE DEVELOPMENT/PARKLAND DEDICATION APPLICABILITY): Forwarded Page 12 ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Page 13 Tabled MEMBERS PRESENT MEMBERS ABSENT William Chesser Sarah Bunch Porter Winston Blake Pennington Craig Honchell Ron Autry Tracy Hoskins Kyle Cook Ryan Noble STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman CITY ATTORNEY Kit Williams, City Attorney 5:30 PM—Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Bunch and Pennington were present. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 2 of 14 Planning Commission December 9, 2013 Page 3 of 14 Consent. Approval of the minutes from the November 25,2013 meeting. VAC 13-4544:Vacation(HARVEY'S HILL/CENTER&DUNCAN,522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE.The property is zoned RMF-40,RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG,DOWNTOWN GENERAL and contains approximately 2.08 acres.The request is to vacate a 25' utility easement. ADM 13-4566: Administrative Item (3145 W. SALEM RD./RAVEN LANE AMENDMENT, 206): Submitted by MIKE MUCCIO for property located at 3145 WEST SALEM ROAD. The property is in the PLANNING AREA and contains approximately 6.53 acres. The request is for a slight realignment of Raven Lane on the Master Street Plan. 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 7-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 3 of 14 Planning Commission December 9, 2013 Page 4 of 14 New Business: ADM 13-4542:Administrative Item(617 N.COLLEGE AVEJKONA COAST,445): Submitted by ABBIE ROSE for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2,THOROUGHFARE COMMERCIAL.The request is a variance to allow for a temporary retail structure (airstream trailer)to remain on the property longer than 90 days. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Abbie Rose, applicant, stated she was requesting an extension. Commissioner Hoskins asked if there were any similar businesses nearby. Fulcher stated no. Commissioner Winston asked how many extensions had been requested in 2013. Fulcher stated five and at least one has moved to a brick and mortar location. Andrew Garner,City Planning Director,asked the Commissioners if they had any input concerning possible site improvements for 2014 if we continue to see extension requests. Commissioner Hoskins stated that parking lot improvements or a bathroom facility are two items to look at next year. Motion: Commissioner Winston made a motion to approve ADM 13-4542. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-0-1. (Commissioner Honchell recused.) Commissioner Pennington arrived after this item. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 4 of 14 Planning Commission December 9, 2013 Page 5 of 14 LSD 13-4483:Large Scale Development(1707 W.NETTLESHIP ST.1UNIVERSITY BROWNSTONES, 520): Submitted by BLEW AND ASSOCIATES for property located at 1707 WEST NETTLESHIP STREET. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 1.00 acre. The request is to construct two buildings with 13 residential units. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Glenn Carter, applicant, stated he agree with the conditions of approval. Commissioner Autry discussed the Subdivision Committee meeting. The west side of the building has been updated since then. Commissioner Hoskins asked about the driveway width near the dumpster. Carter stated that it will be tight for the last unit. Motion: Commissioner Winston made a motion to approve LSD 13-4483 in favor of all conditions. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 5 of 14 Planning Commission December 9, 2013 Page 6 of 14 LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF-40,RESIDENTIAL MULTI-FAMILY,40 UNITS PER ACRE and DG,DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck. No staff report or public comment were presented. Motion: Commissioner Chesser made a motion to table LSD 13-4524 to the 1-13-14 meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 6 of 14 Planning Commission December 9, 2013 Page 7 of 14 RZN 13-4546: Rezone(4377 HUNTSVILLE ROADBALDWIN CHURCH OF CHRIST,569): Submitted by JORGENSEN&ASSOCIATES for property located at 4377 HUNTSVILLE ROAD.The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY FOUR UNITS PER ACRE and contains approximately 2.07 acres. The request is to rezone the property to P-1,INSTITUTIONAL. Quin Thompson, current planner,read the staff report. No public comment was presented. Justin Jorgensen, applicant, reiterated the main points of the staff report, offered to answer questions. Motion: Commissioner Cook made a motion to forward RZN 13-4546 to City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 7 of 14 Planning Commission December 9, 2013 Page 8 of 14 RZN 13-4547: Rezone(MLK/BEECHWOOD/EATON, 521): Submitted by JORGENSEN & ASSOCIATES for property located at 1541/1555/1561 MARTIN LUTHER KING BLVD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.54 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Quin Thompson, current planner,read the staff report. No public comment was presented. Justin Jorgensen,applicant,reiterated the main points of the staff report,offered to answer questions.He noted that the request is related to property recently rezoned to the south,and that he felt the zoning to be appropriate for the area. Tracy Hoskins, Planning Commissioner, asked Mr. Jorgensen why the request was for CS, Community Services, rather than UT,Urban Thoroughfare. Jorgensen responded that there was no particular reason,other than the CS zone meets the goals of the owner. Hoskins asked staff about differences between UT and CS zones. Andrew Garner, Planning Director,responded that the main difference would be that UT would allow for larger retailers (big box stores.) Kyle Cook, Planning Commissioner, stated for the record that when the area is developed, staff should consider that existing streets remain for beneficial connectivity in an area of difficult traffic conditions, and that curb cuts on MLK BLVD should be reduced wherever possible for safety. Motion: Commissioner Chesser made a motion to forward RZN 13-4547 to City Council with a recommendation for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 8 of 14 Planning Commission December 9, 2013 Page 9 of 14 RZN 13-4548:Rezone(MCMILLAN ESTATES,441): Submitted by JORGENSEN&ASSOCIATES for property located at the SOUTHEAST CORNER OF I-540 AND WEDINGTON DRIVE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and contains approximately 19.61 acres. The request is to rezone the property to UT, Urban Thoroughfare. Andrew Garner, City Planning Director, gave the staff report. Justin Jorgensen, applicant,was present for any questions. No public comment was presented. Commissioner Winston asked about the property to the west near the trail. Justin Jorgensen, applicant, responded that the property in question was a detention pond which was unbuildable and is left out of the rezoning. Commissioner Cook discussed limited access to Wedington and Futrall for this parcel. He discussed concerns with higher traffic volumes with the proposed UT zoning district. Commissioner Chesser discussed that he did not think UT would have a substantially different traffic impact than the existing C-2 zoning. Motion: Commissioner Chesser made a motion to forward RZN 13-4548 to City Council with a recommendation for approval. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 9 of 14 Planning Commission December 9, 2013 Page 10 of 14 RZN 13-4552: Rezone (PARK WEST, 209): Submitted by ENGINEERING SERVICES for property located at HWY 112,NORTH OF TRUCKERS DRIVE. The property is zoned R-PZD PARK WEST and contains approximately 25.90 acres.The request is to rezone the property to CS,COMMUNITY SERVICES. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Bo Wilkins, applicant, had no comments. Commissioner Chesser asked about the remainder of the property zoned PZD. Andrew Garner, City Planning Director, stated that there is no plan to rezone the rest at this time. Kit Williams, City Attorney, asked if there was one owner of the entire property. Wilkins stated there was only one owner currently. Williams stated that the owner should talk to staff about rezoning the rest from the expired PZD. Motion: Commissioner Chesser made a motion to forward RZN 13-4552 to City Council with a recommendation for approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 10 of 14 Planning Commission December 9, 2013 Page 11 of 14 RZN 13-4553: Rezone(WEDINGTON CIRCLE,404): Submitted by JOHN SCHMELZLE for property located WEST OF WEDINGTON DRIVE AND GARLAND AVENUE. The property is zoned R-PZD WEDINGTON CIRCLE and contains approximately 6.12 acres.The request is to rezone the property to CS, COMMUNITY SERVICES. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Clinton Bennett,representing applicant,had no comments. Commissioner Chesser stated that access to this property is very challenging, but the zoning request is appropriate. Motion: Commissioner Hoskins made a motion to forward RZN 13-4553 to City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 11 of 14 Planning Commission December 9, 2013 Page 12 of 14 ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE DEVELOPMENT/PARKLAND DEDICATION APPLICABILITY): Submitted by CITY PLANNING AND PARKS DEPARTMENT STAFF for revisions to the Unified Development Code,Chapters 151, 166 and the City Code§94.06 to amend the definition of and applicability for parkland dedication for certain large scale development applications. Andrew Garner, City Planning Director, gave the staff report. Alison Jumper, Park Planning Superintendent, discussed the background and justification behind the proposed code changes. Kit Williams, City Attorney, discussed that this is levelling the playing field and really so everybody pays their fair share.He discussed the background behind the parkland dedication ordinance and why the 24 units per acre was chosen in this code change. Commissioner Honchell discussed that he was surprised that it took this long for it to go through. Commissioner Hoskins asked the City Attorney how projects less than an acre are exempt from parks fees. Williams discussed the applicability of the parks fees section of the code and why we should change the code the way it is being proposed. Commissioner Hoskins asked about applying parks fees to smaller scale projects. Williams discussed the rationale for our parks impacts fees and retaining the option for dedicating land instead of paying fees,and if we required smaller projects to be subject to parks fees,it would not be feasible to dedicate land for parks on these very small projects. No public comment was presented. Motion: Commissioner Chesser made a motion to forward ADM 13-4565 to City Council with a recommendation for approval. Commissioner Pennington seconded the motion. Commissioner Winston asked about the trend of building units with more bedrooms, or only one bedroom. Why would we look at this in terms of units instead of bedrooms. Williams discussed that it would be easier to count units instead of bedrooms. Upon roll call the motion passed with a vote of 8-0-0. ADM 13-4331:(UDC AMENDMENT:URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY&STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 12 of 14 Planning Commission December 9, 2013 Page 13 of 14 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Peter Nierengarten,Sustainability and Strategic Planning Director on the background and details related to the proposed changes to UDC: - Chapter 164.10: Garage Sales -Adding agricultural and produce sales as an allowed use; - Chapter 162:01 Use Units-Including the sales of home produced agricultural products as an allowable home occupation. This use unit is a conditional use in all residential zoning districts; - Chapter 163.08: Home Occupation Use Conditions-Allow sales to take place in accessory structures and regulate signage in residential zoning districts. - Chapter 164:04: Animals and Fowl—Expand currently allowed fowl,allow bees and goats on certain lots meeting zoning, setback and other criteria Public Comment: Don Bennett,Executive Director of Tri-cycle Farms,was in support of the proposed ordinance and helped to provide clarity on the definition/size of beehives. Joanna Pollock,member and neighbor of Tri-cycle Farms. No more public comment was presented. Commissioner Autry discussed that he likes principals of the ordinance and wants to find a way to make it work. He is concerned that goats could jump fences,concerned about unsigned beehives,and does not like goats being allowed in front yards. Commissioner Honchell stated that he supported the intent of ordinance. How big is a hive and what defines a hive? He wants signage or registration requirement for beehives. We need to deal with waste disposal of manure. He wants the ability to track home grown and home produced food products. He does not like goats being allowed in front yards. Commissioner Hoskins does not like goats being allowed in front yard because it may encourage chain link and tall fences in front yards. What defines a hive and how large are they? He would like staff to look at examples from other cities. He has concerns about how people would store products for extended periods of time for 4 times per year garage sales. He wanted to know if other cities' ordinances were looked at in developing these recommendations. He has concerns that total lot area may not be the best way of determining how many animals are allowed on a lot. Does not want to vote tonight because he thinks the ordinance is too loose. Commissioner Pennington discussed that he does not want goats in front yard and wants physical separation of bees from property lines. Commissioner Chesser wanted to see the map shown and explained again. Based on map, he does not believe that goats will be allover town. He thinks goats should be allowed on larger lots in front yard. He is concerned that the wording that prohibits outside slaughter of fowl is confusing. He is comfortable passing ordinance tonight. He recognizes concerns about bees but pointed out that bees already exist(naturally) in Fayetteville. Commissioner Cook asked if you would you have to get a business license to have a home occupation and/or sell produce at a garage sale? He wanted to know how this ordinance might affect water quality and would January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 13 of 14 Planning Commission December 9, 2013 Page 14 of 14 animals be allowed in the stream side protection zone. He likes the ordinance and thinks it will be good for Fayetteville. Commissioner Winston asked what is the trigger to request that staff investigate animal abuse? Motion#1: Commissioner Chesser made a motion to forward ADM 13-4331 to the City Council with a recommend for approval. Commissioner Cook seconded the motion. Kit Williams,City Attorney,expressed concern about fowl exemption of the code and how that would affect allowances on R-A lands. Chesser amended his motion to include removing the striking under Section 12.Commissioner Cook agreed with the amendment Upon roll call the motion failed with a vote of 4-4-0.(Commissioners Honchell,Pennington,Autry,and Hoskins voted "no".) Motion#2: Commissioner Hoskins made a motion to reconsider ADM 13-4331. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion#3: Commissioner Hoskins made a motion to table ADM 13-4331 to the January 13, 2014 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 7.53 PM. January 13,2014 Planning Commission PC Minutes 12-09-2013 Agenda Item 1 Page 14 of 14 • T aye e e PC Meeting of January 13, 2014 ARKANSAS TIIL (A fY OF IAYE-1 I LVILL-L, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner DATE: January 3, 2014 VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO, 565): Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to vacate a water/sewer easement. Planner: Jesse Fulcher Findings: Property and Background: The subject property is located at the southeast corner of Huntsville Road and Happy Hollow Road and is owned by the City of Fayetteville. A large scale development application for Kum & Go convenience store was recently permitted by the Planning Commission and a land sale agreement is in place. Within the property there are two 20 foot wide water and sewer easements that will conflict with the development of the property. There are no utilities within either of the easements. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Church C-1, Neighborhood Commercial, C-2, Thoroughfare Commercial and P-1, Institutional South Fire Station, Warehouse, Single- P-1, Institutional, C-2, Thoroughfare family home Commercial, RSF-4, Residential Single- family East Residential C-1, Neighborhood Commercial, RMF-24, Residential Multi-family and RSF-4, Residential Single-family West Funeral Home C-1, Neighborhood Commercial and RSF-4 Request: The applicant's request is to vacate the existing 20-foot water and sewer easements as indicated on the attached exhibit. G:\ETC\Development Services Review\20140evelopment Review\134567 VAC Kum&Go Huntsville122 Planning ComNMV I3,2014 13-2014\Comments and Redlines Planning Commission VAC 134567 Kum and Go Agenda Item 2 Page 1 of 10 Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. UTILITIES RESPONSE Cox Communications N/A Southwestern Electric Power Company N/A Source Gas N/A AT&T N/A CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Solid Waste No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4567 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: January 13,2014 Motion: Second: Vote: Notes: G:\ETC\Development Services Review\2014\Development Review\13-4567 VAC Kum&Go Huntsville\22 Planning ComTsnuaryl13,2014 13-2014\Comments and Redlines Planning Commission VAC 13-4567 Kum and Go Agenda Item 2 Page 2 of 10 PETITION TO VACATE AN easement LOCATED IN Gook 912 at page 48 at Washington County,Arkansas Circuit Clerk's Office and dated Jane 14, 1976,CITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the(alley, easement,right-of-way)hereinafter sought to be abandoned and vacated,lying in(lot, block,sabchvisinn),City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a(n)(alley,easement,right-of-way)which is described as follows: (Legal Description of a rea to be vacated) THAT ENTIRE PORTION OF A 15 FEET WIDE PERMANENT EASEMENT AND THAT ENTIRE PORTION OF A 20 FEET 'NIDE PERMANENT EASEMENT, RECORDED IN BOOK 912 AT PAGE 48 AT WASHINGTON COUNTY, ARKANSAS CIRCUIT CLERK'S OFFICE, AND DATED JUNE 14. 1976, OVER, UPON, AND ACROSS REVISED TRACT 2 OF MEXICAN ORIGINAL PROPERTY LINE ADJUSTMENT, ACCORDING TO INSTRUMENT 2013-00021661, AND BEING A PART OF THE NORTHEAST QUARTER (NEI/4) OF THE NORTHWEST QUARTER (NWI/4) OF SECTION TWENTY THERE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, FIFTH PRINCIPAL MERIDIAN. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the Ieasements of the public for the use of said alley. ! Dated this I) day oi"i f f126 . Siobhan Harman Pr led Name �b Olt 1 -..-fu Signature -T printed Name Signature A upaf20/2 Page 4 January 13,2014 Planning Commission VAC 134567 Kum and Go Agenda Item 2 Page 3 of 10 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 11/19/13 UTILITY COMPANY: City of Fayetteville Water and Sewer APPLICANTNAME: Siobhan Harman.Kum&Go.L.C. APPLICANTPHONE: (515)457-6232 REQUESTED VACATION(applicant must check aU that apply): X Utility Easement Right-of-wayfor alley or streets and all utility easements located within the vacated right-of-way. Alloy Street right-of-way I have been notified of the petition to vacate the following(alley,easemem,righboj-wqv),described as follows: General location/Address(referring to attached documcnt-must be completed**) ** 1851 East Huntsville Road,Fa�ettevllle,Arkansas 72701 (ATTACHlegal description and graphic representation of what is being vaculed-SURVEY) UTILITY COMPANY COMMENTS: 7{ No objections to the vacation(s)described above. No objections to the vocation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: Signature of Utility Com tty Representative �f_/riNC_1=t�� Title Augast2012 Page 5 January 13,2014 Planning Commission VAC 134567 Kum and Go Agenda Item 2 Page 4 of 10 shy 11 ` wy 76J..�� \ -45 \Re t \�70p8fy fas �. lispsuJ�`-` - � \��ga ar `r�snsr4) ^A a 711,111) 3(LSJrele)� \=a9 Neff - Re~ Tract /� 66y 2/�/ � f� per(f791r 20/�{13-=2 (� UK �jp 82,727 Sp Ft. L90 Act Poi Citi of Fq lt.w;GGG 1 City of Fayedie 51 1 113 W MauAR R r , / 5/B'Re) pi tion. 1851, AR ]7]01 �� (LSf131•) Q L,xctron: 1951 f HunfSrUe Ra � N �/ ! FFv q 2p0p j %o I s W . oW 'I Na C 1 �� n�r City of eyetfeville `�W 4 1 _S1 �• 20' Water/SSewer Easement per 8k. 912, Pg. 48 F, f r ]\ to be Vacatecz d �, \ City of Fayetteville I 20' Water/Sewer Easement G9 I s/� \ j per 8k. 912, 48 C� I (cs r]17-49)e��1sJyV r i�� to be Vacated \ / RW as (es/rsry 15' Water/Sewer Easement per Bk. 912, Pg. 48 , ' I � A H i GRAPHIC SCALE LEGEND 60 0 JO F10 _ Prop Adjacent t Lot/Property L/ne ----- Existing Easement Line 3 Rebor Found (As Noted) ( IN FEET D p--U�K Found Mag Noll (As Noted) 1 inch = 60 f1. �%/ 20' Wofer/Water Easement L� to be Vacated C Engineering Associates, 11 9 fJ NKM Inc. Cit of Fe e11 le KN // I IlP I XMN ENpNEERs p1ANNEBs suttYEraRs Scale: 1" = 60' 1 DATE PLS PM CHK'R M �IT2G f� NSW V-kENTAi_SEtk�7 $ EXHIBIT DAX Sll£E'f N0. 11�19�iJ .1106 SW Regency Pwkway, S.06 2 Phare M., (479)277-9472 E Htni9v&Rd d Heppy H01ow Rd erM AM 1 OF 1 Beaton0.11 AR 72712 Fex FAX: (,F79),-?J-M44 A ql gni 5 me ��nainr, � rtlfillSSs1011 VAC 13-4567 Kum and Go Agenda Item 2 Page 5 of 10 Easement Vacation Description: Kum&Go,L.C.,Store#418 Fayetteville,Washington County,AR THAT ENTIRE PORTION OF A 15 FEET WIDE PERMANENT EASEMENT AND THAT ENTIRE PO RTION OF A 20 FEET WIDE PERMANENT EASEMENT, RECORDED IN BOOK 912 AT PAGE 4 8 AT WASHINGTON COUNTY, ARKANSAS CIRCUIT CLERKUS OFFICE, AND DATED JUNE 14 , 1976, OVER, UPON, AND ACROSS REVISED TRACT 2 OF MEXICAN ORIGINAL PROPERTY LINE ADJUSTMENT, ACCORDING TO INSTRUMENT 2013-00021661, AND BEING A PART 0 F THE NORTHEAST QUARTER (NEI/4) OF THE NORTHWEST QUARTER (NWI/4) OF SECTI ON TWENTY THERE (23), TOWNSHIP SIXTEEN (I6) NORTH, RANGE THIRTY (30) WEST, FIFTH PRINCIPAL MERIDIAN. January 13,2014 Planning Commission VAC 134567 Kum and Go Agenda Item 2 Page 6 of 10 ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 3108 S.W.Regency Parkway,Suite 2 Bentonville,AR 72712 479.273.9472 Fax 479.273.0844 DISTRIBUTION: RER/Flle Kum&Go,418 December 2,2013 City of Fayetteville Planning Commission and City Council 113 W.Mountain Street Fayetteville,AR 72701 Attn: Chair of the Board Re: Kum & Go#418—General Utility Easement Vacation Request 1851 East Huntsville Road Fayetteville,Arkansas 72701 CEI Project No.27547.0 To the Fayetteville City Planning Commission and City Council: This is a formal request for a vacation of a portion of the water/sewer utility easement located within the Parcel#765-15227-000. A portion of this 7.66±acre site will include the proposed Kum & Go property. The area of the easement to be vacated contains no utilities that impact any of the surrounding parcels; the easement was dedicated as part of a previous Large Scale Development plan. Kum & Go requests the easement vacation in order to construct a 4,991 s.f. convenience store with 8 fuel pumps and on-site parking. Large Scale Development plans were submitted to the City Planning Department (LSD 13- 4414)on December 4, 2013 and shall be considered inclusive of this request. We appreciate your consideration in this matter, and if you have questions or concerns,please do not hesitate to call. Respectfully submitted, CEI Engineering Associated, Inc. ' ' Mike Clotfelter,P �ecl Designer 7 January 13,2014 Planning Commission VAC 134567 Kum and Go Agenda Item 2 Page 7 of 10 VAC 13-4567 KUM AND GO Close up view i--F W _ � I 4T 0 CA NS SUBJECT PROPERTY Ro rl a x� FAIRLANE ST I LEE ST VALYN CIFF: _ 7 5 • �- - RSF-4 b4' "-wo Trail Isting) _ , HELEN ST rI r +FuturaTrails iceCity imits LMX-JWAC13-4567 ® Footprints 2010 - Hillside-Hilltop Ov, slay District Design Overlay Di strict Design Overlay Di strict 0 37.5 75 150 225 300 ------ Planning Area Feet January 13,2014 Planning Commission um an o Agenda Item 2 Page 8 of 10 • One Mile View 4 r ' iap '�C� f� � t �C / y♦ l I v :' - A t -Jn icy -, ---� � }i '• i� o ILr - li 4 Legend ::r-:::s;:: .............. Subject Property VAC 13-4567 Desifn Overl.--y District Boundary Plaoing Area - 1 1 r2014 January 13,2014 Planning Commission VAC 13-4567 Kum and Go Agenda Item 2 Page 10 of 10 • ale evlle PC Meeting of January 13, 2014 ARKANSAS 11115 CI T Y OF I AY1� 1 I'F.VILLL. .ARRANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Andrew Garner, City Planning Director DATE: January 3, 2014 VAC 13-4587: Vacation (1285 E. MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 1285 E. MILSAP ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 14.00 acres. The request is to vacate unconstructed right-of- way for Millsap Road. Planner: Jesse Fulcher Findings: Property and Background: The subject property is located at the east end of Millsap Road and is developed with a church and parking lot. The church and the unconstructed right-of-way for Millsap Road date back to 1984 when Millsap Road only extended to Hemlock Street.At that time the church was approved to construct a new building and parking lot, subject to extending Millsap Road to their west property line. Additionally, right-of-way for the future extension of Millsap Road was required to the east property line (see attached). There is a small gap of property between the church property and Sussex that is a remnant piece of common area property for an adjacent development (Summerhill Subdivision). Then in 1989, a second phase of development was approved for the church, and the City agreed to vacate the existing right-of-way, subject to the church dedicating right-of-way for Millsap Road along the north side of the property and providing a stub-out to the north and east (see attached). Since that time, Brookhaven Subdivision was constructed to the east of the property, providing a stub-out for connectivity. Only a small section of this street (Sussex Drive) was constructed due to steep topography. No additional development has occurred on the church property and Millsap Road still ends at their west property line. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Undeveloped 1-1, Heavy Commercial/Light Industrial/RMF-24, Residential Multi-family South Residential/Summerhill Racquet RSF-4, Residential Single-family Club East Residential RSF-4, Residential Single-family West Office/Undeveloped RSF-4, Residential Single-family January 13,2014 G:\ETC\Development Services Review\2014\Development ReviewW-4587 VAC Christian Life Cathedral\22 Planning Planning Commission Comm ission\I-13-2014\Comments and Redlines VAC 134587 Christian Life Cathedral Agenda Item 3 Page 1 of 38 Request: The applicant's request is to vacate the existing 50 foot right-of-way for Millsap Road. The church has plans to construct additional facilities, walking paths and parking areas on the east and northeast portions of the property. The current location of the Millsap Road right-of-way conflicts with these future plans. Right-of-way Vacation Approval: The applicant has submitted the required vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. The area being vacated is surrounded entirely by property owned by the applicant, with the exception of a small sliver of undeveloped property between each right-of-way. UTILITIES RESPONSE Cox Communications No objections Southwestern Electric Power Company No objections Source Gas No objections AT&T No objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections. Subject to retaining a 10 foot easement east of the existing water line. Solid Waste No objections Public Comment: No public comment has been received. Recommendation: City staff strongly supports street connectivity, especially in locations where there is a lack of east/west connections, which Millsap could provide. However, in this particular situation, extending Millsap Road approximately 1,500 feet and over a deep ravine is highly unlikely especially if you consider that the cost of this project would either be borne by the property owner or by the City of Fayetteville. Given that the church property has already seen two phases of development and has never been required to extend Millsap through the property, it is highly unlikely that any future development would warrant constructing a quarter of a mile of street. It is also very unlikely that the City would dedicate Capital Improvement Funds or street bond money to a local street connection. In staff's opinion there's also a more feasible option to increase connectivity in the area. Rather than connecting Millsap and Sussex, a shorter and less difficult connection would be to the north where Vantage Drive is proposed to be extended to connect to Sain Street. This would increase east/west connectivity and provide surrounding neighborhoods with convenient access to several surrounding major streets and commercial districts. Based on this information, staff recommends forwarding VAC 13-4587 to the City Council with a recommendation for approval subject to the following conditions: January 13,2014 WETCOevelopment services Revicw\20140evelopment Review\13-4587 VAC Christian Life Cathedral\22 Planning Planning Commission Commission\I-13-2014\Comments and Redlines VAC 13-4587 Christian Life Cathedral Agenda Item 3 Page 2 of 38