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Home My WebLink About2009-02-09 - Agendas - Final ayve T"r ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,February 9,2009, 5:30 p.m. Room 219,City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chair B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Questions&Answer with Commission F. Action of Planning Commission(Discussion&Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak, representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you,go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2009 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Andy Lack Christine Myres Jeremy Kennedy Jill Anthes • 7avyce evine TENTATIVE AGENDA ARKANSAS The City of Fayetteville, Arkansas 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,February 9,2009,5:30 p.m. Room 219,City Administration Building Informational Items: Planning Commission Bylaw Amendment: An amendment proposed by Planning staff,related to the meeting procedures of the Subdivision Committee. The following items will be considered: Consent Agenda: 1.Approval of the minutes from the Monday,January 12,2009 meeting. 2. ADM 09-3207: (Skate Place R-PZD Extension): Submitted by H2 ENGINEERING, INC for property located at 646 W. SYCAMORE STREET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.08 acres. The request is for a one year extension for the approval of the R-PZD 07-2763. Planner: Data Sanders 3. VAC 09-3197: (BUTTERFIELD TRAIL VILLAGE, 175): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 1923 JOYCE BOULEVARD. The property is zoned RMF-24, MULTI FAMILY-24 UNITS/ACRE and contains approximately 25.99 acres. The request is to vacate a portion of a utility easement. Planner: Jesse Fulcher 4. ADM 09-3212: (ALLIED STORAGE,601): The request is for a one year extension for the approval of the Large Scale Development,LSD 07-2480. Planner: Data Sanders 5. ADM 09-3214: (MOUNTAIN RANCH II PPL AMENDMENT): Submitted by Jorgensen & Associates for property located E OF PHASE I, S & W OF PERSIMMON & I-540. The request is to amend the approved Preliminary Plat to include a phasing line. Planner: Jesse Fulcher 6.LSP 08-3193: (FRALEY/REYNOLDS/KESSLER MTN.,752): Submitted by EARVEL FRALEY for property located at 3641 W.KESSLER MTN.ROAD. The property is in the Planning Area and contains approximately 121.54 acres. The request is to divide the subject property to 4 tracts of 4.27, 1.0 1, 1.10,and 115.16 acres. Planner: Jesse Fulcher Unrinished Business: 9. CUP 08-3145: (FAYETTEVILLE DEPOT, LLC, 484): Submitted by KRISTIN KNIGHT for property located at 550 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER. The request is to renew the 3 year Conditional Use Permit for a temporary parking lot on the subject property. Planner:Andrew Gamer THIS ITEM HAS BEEN REQUESTED TO BE TABLED UNTIL THE FEBRUARY 23,2009 PLANNING COMMISSION MEETING. 7. VAC 08-3181: (KIRK ELSASS / ROCKCLIFF RD.): Submitted by KIRK ELSASS for property located at 619 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.27 acres. The request is to vacate a portion of a drainage easement on the subject property. Planner: Jesse Fulcher THIS ITEM HAS BEEN REQUESTED TO BE TABLED INDEFINITELY. 10. ADM 08-3185: (BUNGALOWS AT CATO SPRINGS FINAL PLAT MODIFICATION, 600): Submitted by BURKE LARKIN FOR THE BUNGALOWS AT CATO SPRINGS Subdivision on the NORTH SIDE OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE. The property is zoned R-PZD 05-1979, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 5.52 acres. The request is to modify condition of approval No. 19 from the final plat approval regarding a vegetated buffer on the east property line. Planner: Andrew Garner THIS ITEM HAS BEEN REQUESTED TO BE TABLED UNTIL THE FEBRUARY 23,2009 PLANNING COMMISSION MEETING. New Business: 11. ADM 09-3213: (CORE PET WELLNESS C-PZD STREET ASSESSMENT PAYMENT,292): Submitted by DR. ROMY CORE FOR GULLEY PARK PETS CLINIC at the NORTHEAST CORNER OF OLD WIRE AND TOWNSHIP ROADS. The property is zoned C-PZD 08-3121 (CORE PET WELLNESS)and contains approximately 0.58 acres.The request is to modify condition of approval No. 1 from the C-PZD to permit the street assessment to be paid in installments over a one year period. Planner:Andrew Gamer 12. CUP 08-3188: (ST. JOSEPH'S CATHOLIC CHURCH, 373): Submitted by H2 ENGINEERING, INC. for property located at 1722 STARR DRIVE. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 17.73 acres. The request is for an addition to an existing Conditional Use Permit for a church and school, Use Unit 4 (Cultural &Recreational facility) in the R-A (Residential Agricultural)Zoning District. Planner: Data Sanders 13. LSD 08-3187: (ST. JOSEPH'S CATHOLIC CHURCH, 373): Submitted by H2 ENGINEERING, INC. for property located at 1722 STARR DRIVE. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 17.73 acres. The request is for 31,615 s.f. building expansion. Planner: Data Sanders 14. CUP 08-3192: (BUTTERFIELD TRAIL VILLAGE, 175): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 1923 E. JOYCE BLVD. The property is zoned RMF-24,MULTI FAMILY-24 UNITS/ACRE and contains approximately 24.20 acres. The request is for Use Unit 4 (Cultural& Recreational Facilities), in the RMF-24 zoning district, to permit the addition of a lodge facility with associated parking for the existing development. Planner: Jesse Fulcher 15. RZN 08-3189: (FIRST BAPTIST CHURCH/DICKSON, 484): Submitted by MILLER, BOSKUS, LACK for property located at 20 E. DICKSON STREET. The property is zoned C-PZD, COMM. PLANNED ZONING DIST. and contains approximately 4.08 acres. The request is to rezone the subject property to MSC,Main Street Center. Planner: Jesse Fulcher 16. RZN 08-3190: (LOLLEY/ HILL AVENUE, 522): Submitted by MIKEL LOLLEY for property located at 5,8,12, AND 20 S. HILL AVENUE. The property is zoned RMF-40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 1.67 acres. The request is to rezone the subject properties to DG,Downtown General. Planner: Andrew Gamer 17.RZN 08-3180: (MOUNTAIN RANCH PH.1/5 LOTS,478): Submitted by JORGENSEN &ASSOC for property located at LOTS 118,94,95,96,97 IN THE MOUNTAIN RANCH S/D PHASE I. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 1.50 acres. The request is to rezone the subject property to RT-12,Residential Two-and Three-Family, 12 units per acre. Planner: Data Sanders 18. ADM 09-3198: (AMENDMENT TO CH. 161: ZONING REGULATIONS): Submitted by Planning Staff to amend and unify building setbacks and building height regulations in residential single- and multi-family zoning districts. Planner: Leif Olson All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning(575-8267), 125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. ARKANSAS 7ayet THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 To: Fayetteville Planning Commission From: Jeremy Pate, Director of Current Planning Date: 02 February 2009 Subject: Planning Commission Bylaw Amendment Please find the attached proposal for minor amendments to the bylaws of the Planning Commission. Along with a few minor language changes, the primary reason for the proposed amendment is to clarify the action that is permitted/required at a Subdivision Committee meeting when one or more member must abstain or is absent from the meeting. On some occasions,the 3-member Subdivision Committee conducts regular business with less than the three appointed members. The bylaw amendment proposes procedural rules in which items would be forwarded to the full Planning Commission if all three members are not sitting to vote for an item.This ensures that 1)each item is considered fairly by three or more members of the Commission for final approval and 2)that an item is not delayed unnecessarily when a committee member must abstain or is absent. According to your bylaws,any amendment of the bylaws must be presented first at a regular meeting, and then considered for adoption at the subsequent meeting.Please review the attached language and let me know if you have questions or.suggestions. Thanks, Jeremy K:Ueremy12009 Corre3pondence0oard MemosOylaw Amendment.doc February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 1 of 8 '.. BYLAWS CITY OF FAYETTEVILLE PLANNING COMMISSION Revised and Adopted 10aua _ U ARTICLE I. MEMBERS AND TERMS A. The members and terms of service shall be as stipulated by ordinance. Any member who is absent for three(3) consecutive regular meetings, except in case of illness or extraordinary circumstances, shall tender his resignation. ARTICLE H.OFFICES A. The chair shall appoint three (3) members from the Planning Commission to serve as a nominating committee for the positions of chair,vice-chair and secretary. The nominating committee shall present its slate to the Planning Commission who shall elect, by secret ballot, the chair, vice-chair and secretary annually no later than the first regular meeting in the month of April. An officer of the Planning Commission may serve in any one position for no more than two consecutive terms. B. The chair shall preside at all meetings and public hearings of the Planning Commission and shall decide all points of order or procedure. All plans,plats,etc.,requiring the signature of the Planning Commission shall be signed by the chair, vice-chair or the secretary; when authorized by the Commission. These officers or either of them shall sign all other documents on behalf of the Commission. C. The vice-chair shall assume the duties of the chair in the chair's absence. D. In the event of the absence or disability of both the chair and vice-chair at any meeting,the oldest appointive member in point of service shall act as chair during such meeting. E. The planning staff of the City of Fayetteville shall be responsible for the minutes of every meeting,shall notify of regular meetings of the Planning Commission at least four(4)days in advance of the meetings,shall give all notice of special meetings,and shall carry on routine correspondence and maintain the files of the Commission. All notices of public hearings and similar notices requiring the legal publication shall be signed by a member of the planning staff of the City of Fayetteville. F. Should any unusual circumstance prevent the election of officers at the regular annual meeting, officers shall serve until their successors are elected. 1 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 2 of 8 ARTICLE III. MEETINGS A. All meetings of the Planning Commission shall be public and no meeting can be held without full compliance of the Freedom of Information Act. B. The regular annual meeting of the Planning Commission shall be held at the first meeting of the month of April each year, at 5:30 p.m. on the second Monday of the month or on such other day of the month as may be fixed by vote of the Commission. C. The regular meetings of the Commission shall be held at 5:30 p.m. on the second and fourth Mondays of each month. Notice of such meetings shall be mailed at least four(4) days in advance of each meeting. D. Special meetings may be called by the chair at any time and shall be called at the request of any three(3)members of the Commission. At least four(4)days notice of special meetings shall be given each member, if possible, but under extraordinary circumstances special meetings may be called by telephone and without other notice. _. . E. A quorum shall consist of five(5)members. No formal business may be conducted without a quorum and no vote shall be cast by proxy. No action may be taken on any item on which, excluding those members who abstain, there are fewer than five members voting. Any member who abstains should inform the Chair of his or her intention prior to commencement of discussion of the item.At that time,prior to commencement of discussion of the item,the abstaining member(s)shall withdraw from the Planning Commission meeting and shall not speak of the respective item until a vote has been cast by the remaining members of the Commission.Following a vote concerning the matter,the abstaining member(s)may return to his seat. F. 1. It shall require five (5)positive votes to cavy the following items: a. Zoning Changes b. Amendments or changes to the Master Me,Plan C. All Conditional Uses d. Amendments of the Planning Commission Bylaws. 2. A majority vote of those members present shall be needed for adoption of any other motions. An abstention shall not be construed as a vote either for or against the item under consideration,and the abstaining member shall be treated as if absent for the purpose of determining the number comprising a majority on the vote on that item. For example, if eight members are present and a vote is four ayes, three nays, and one abstention,the motion passes. 2 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 3 of 8 G. The order of business at all regular meetings shall be as follows: 1. Reading of minutes of previous meeting(except reading of minutes may be dispensed with by unanimous vote or copy of minutes as distributed to Commission members may be approved without reading); 2. Unfinished Business; 3. New Business; and, 4. Other Business. H. Public hearings shall be conducted formally, and the chair shall make all rulings and determinations regarding the admissibility of evidence;the scope of the inquiry;the order in which evidence,objections and arguments shall be heard;and other like matters,except that when in doubt,he may refer to staff,the city attorney,or to any member with knowledge of the problem. Any member shall be privileged to make inquiries personally and to call for a vote on any ruling of the chair with which he does not agree, whereupon the vote shall determine-the effective ruling. It shall be the purpose of the chair to expedite all hearings,, , confining them to the presentation of only essential matters in the interest of saving time,but entertaining the presentation of sufficient matter to do substantial justice to all concerned. Presentation by an applicant on an item of consideration shall be confined to information pertinent to the application, and shall be limited to a period of time not to exceed twenty minutes.A speaking time limit of no more than ten minutes per citizen or twenty minutes per neighborhood group shall be enforced by the chair, and all comments should be directed to information pertinent to the application, as determined by the chair. Extension of said speaking time for any person or group shall only be permitted by the chair upon petition. Official action shall be taken only in regular or special session of the Planning Commission. I. A rehearing shall be called for only if there was a factual error,omission or oversight in the first consideration or at the request of the City Council. A request for a rehearing must be made in writing and must state the factual error, omission or oversight asserted as the basis for a rehearing. A request for a rehearing must be filed with the Planning Administrator within thirty (30) days from the date of final action on the matter by the Planning Commission. J. During Planning Commission meetings Planning Commission members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the chair or the rules of the Planning Commission. Members of the Planning Commission desiring to speak shall address the chair and, upon recognition by the chair, shall confine themselves to the question under debate and shall avoid all personalities and indecorous language. A Commissioner,once recognized,shall not be interrupted while speaking unless a point of order is raised by another member or unless 3 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page-4 of 8 the member chooses to yield to questions from another member. If a member is called to order while he/she is speaking, he/she shall cease speaking immediately until the question or order is determined. If ruled not to be in order,he/she shall remain silent or shall alter his/her remarks to as to comply with the rules of the Planning Commission.All members of the Planning Commission shall accord the utmost courtesy to each other, to city employees and to members of the public appearing before the Planning Commission,and shall refrain at all times from rude or derogatory remarks,reflections as to integrity,abusive comments and statements as to motives and personalities. Commissioners shall confine their questions as to the particular matters before the Planning Commission and in debate shall confine their remarks to the issues before the Planning Commission. K. All submittals for hearings regarding jurisdiction of lands shall be by the owner thereof or a duly authorized representative. L. All meetings shall be conducted according to Robert's Rules of Order. M. An item that has met all notification requirements of the Unified Development Code may only be added for consideration to the final agenda of an ongoing Planning Commission meeting with an affirmative vote of two-thirds of the voting members. ARTICLE IV. COMMITTEES A. The Planning Commission may establish such standing or special or advisory committees as it deems advisable, and may assign to each committee specific duties or functions and establish the terms of members of each such committee. Members of such committees may be persons other than members of the Planning Commission,but a member of the Planning Commission shall be named as chair, either active or ex-officio, of each such committee. B. The chair of the Planning Commission shall name the chair and members of each such committee subject to approval of the Planning Commission and any vacancies on such committee shall be filled in the same manner. C. A Subdivision Committee consisting of at least three Planning Commissioners shall serve as a standing committee that reviews development items after Technical Plat Review and makes recommendations to the Planning Commission.The Chair shall designate three(3)teams of three (3) Planning Commissioners to alternate as Subdivision Committee members, along with a chair of each Subdivision Committee.All members of the Planning Commission shall be eligible as alternates who shall sit with full voting rights in lieu of a regular member or members who are absent from the meeting. The Chair shall designate the order of alternates. 4 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 5 of 8 1. The Subdivision Committee shall approve, disapprove,refer back to the developer for more information, or refer to the Planning Commission development items. 2. For final approval,it shall require a unanimous vote of the Subdivision Committee to carry the following items: a. Large Scale Developments; b. Lot Splits; c. The right to have a rehearing before the full Planning Commission; d. Final Plats; and, 3. No development item can receive final approval at Subdivision Committee level if waivers < are being sought. Any development with a waiver o request must be forwarded to the Planning _ Commission. All preliminary plats shall be referred to the Planning Commission for action. D. No member of the Planning Commission shall be required to serve on more than two committees. ARTICLE V.RECORDS The Planning Staff of the City of Fayetteville shall maintain a file of studies,plans,reports and recommendations made by the Planning Commission in the discharge of its duties and responsibilities. ARTICLE VI. ADMINISTRATION OF THE COMPREHENSIVE PLANS AND ZONING ORDINANCE A. Consideration of Proposals for Changes to Zoning Districts. Before considering a request or proposal for the change of a zoning district, the Commission shall determine that it has before it the following: 5 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 6 of 8 1. A map of the parcel of land for which rezoning is proposed or requested indicating the current zoning of the property and the current zoning of the property in the immediate vicinity; 2. A vicinity map indicating the location of the parcel of property, the major thoroughfares and collector streets in the area, and the zoning of property within an approximate one mile radius of the parcel of property in question. If there is a proposed subdivision within a one mile radius of the parcel for which the final plat has been approved, the vicinity map should show the streets in the proposed subdivision. 3. A map indicating the planned land use and public facilities in the area as indicated in the comprehensive land use plan; and 4. A staff report from the City's planning consultant or staff planner containing the following information: a. General Information 1. The name of the applicant 2. The nature of the proposed rezoning and a brief description of the property. b. Findings of the Staff 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives,principals,and policies and with land use and zoning plans. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through 6 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 7 of 8 (4) above why the proposed zoning is not desirable. C. Recommendations of Staff ARTICLE VII. AMENDMENTS These Bylaws may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Planning Commission. Any proposed amendment shall first be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for action unless ten(10) days written notice of the proposal has been given to all Commissioners, in which case action may be taken at any regular or called meeting;or amendment may be made by unanimous vote without notice. Revised and adopted by the Planning Commission of the City of Fayetteville, Arkansas, on the day of 2009. ATTEST: . Sean Trumbo Lois Bryant Chair Secretary ADOPTED: November 11, 1959 REVISED: January 16, 1962 October 09, 2006 February 16, 1965 February 23, 2009 May 6, 1969 February 6, 1973 March 6, 1973 January 27, 1976 February 28, 1977 November 1, 1977 April 24, 1978 December 12, 1986 September 22, 1986 November 25, 1991 May 22, 1995 May 6, 1996 December 9, 1996 June 23, 1997 May 10, 1999 May 24, 1999 February 23, 2004 7 February 9,2009 Planning Commission Planning Commission Bylaw Amend Page 8 of 8 ael le p. , PC Meeting of January 26, 2009 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: January 20, 2009 ADM 09-3207: (Skate Place II R-PZD Extension): Submitted by H2 ENGINEERING, INC for property located at 646 W. SYCAMORE STREET. The property is zoned R-PZD,RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.08 acres. The request is for a one year extension for the approval of the R-PZD 07-2763. Planner: Dara Sanders BACKGROUND Property Description and History: On January 14,2008,the City Council approved R-PZD 07-2763 (Skate Place II), a zoning, land use, and development request for 15 dwelling units on 1.08 acres located at the corner of Chestnut Avenue and Sycamore Street. Proposal: The applicant requests to extend the approval of the Residential Planned Zoning District Development for one year, to expire on January 14, 2010. The Planning Department received the applicant's extension request on January 15,2008,within the required 18 month time limit. Should this extension be granted, all permits and approvals required by City,State, and Federal regulations to start construction of the development are required to be issued before the one-year extended deadline. If the permits are not issued prior to January 14, 2010, all of the approved plans for the project shall be rendered null and void, or the applicant may apply for a final extension. RECOMMENDATION Planning Staff recommends approval of ADM 09-3207,the requested extension to R-PZD 07-2763, with the following conditions: 1. The applicant shall be allowed until January 14, 2010 to receive all construction permits to complete construction of the project_ If all permits have not been received by this time,the h Residential Planned Zoning District Development approval shall be revoked; the applicant does have the ability to apply for one additional extnsion within that time frame. 2. All other conditions of approval for the project shall remain applicable. K:(Reports120091PC Reporls102-January 26WDM 09-3207(Skate Place ll).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext. Agenda Item 2 Page 1 of 12 DISCUSSION The City of Fayetteville Unified Development Code(UDC)Section 166.20(B)(2)gives the Planning Commission authority to extend approval of a planned zoning district development one additional year within 18 months of the original approval. In order to extend this approval,the applicant must: (1) request the extension prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request to the Planning Division on Januaryl5, 2009, prior to the 18 month time limit ending on August 14,2009. (2) The applicant has stated that the current market conditions have delayed this project, and additional time is needed before the project can be started. i K:IReporls120091PC Repo,c;101-Ja tavy 16WDM 09-3207(Skate Place 77).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext. Agenda Item 2 Page 2 of 12 Hn ENQINEERINQ, INC. January 15, 2009 Mr. Jeremy Pate Director of Planning City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 RE: REQUEST FOR EXTENSION—R-PZD 07-2763 SKATE PLACE PHASE 11 Dear Jeremy: Please accept this letter as our official request for a 1 (one)year extension of approval for R-PZD 07-2763. Due to unexpected market conditions, the schedule of the project was delayed. However, we have submitted site construction plans and the developer will request building permits immediately upon approval. Please let me know if you have any questions in this regard. Respectfully,/ Kipp Hearne,P.E. President H2 Engineering, Inc. February 9,2009 Planning Commission ADM Skate Place R-PZD Ext. Agenda Item 2 Page 3 of 12 7aye ' ylLle PC Meeting November 1, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. 72701 PLANNING DIVISION CORRESPONDENCE Fayetteville,(479)57 -8267 Telephone:(479)575-8267 TO: Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November- November 14, 2007 R-PZD 07-2763: Planned Zoning District (SKATE PLACE II, 366): Submitted by H2 ENGINEERING, INC. for property located at 646 W. SYCAMORE STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 1.08 acres. The request is for Zoning, Land Use and Development review of a Residential Planned Zoning District with 3 buildings with 5 units each for a total of 15 units and associated parking. Planner: Data Sanders Findings: Property Description: The subject property contains 1.08 acres located at the corner of Chestnut Avenue and Sycamore Street and is zoned I-1. This proposal is the second phase of R-PZD 05-1816 (Skate Place Condominiums), which was approved by City Council on January 3, 2006 and contained approximately 3.38 acres and 34 dwelling units within the I-1 zoning district. The first phase has been substantially constructed and included the extension of Chestnut Street from Ash Street south to Sycamore. Proposal: The applicant requests rezoning, land use, and large scale development approval for a residential multi-family development within the R-PZD zoning district on the subject property. The proposed zoning would allow for a maximum density of 14 units/acre. The density is based on the requested 15 units on 1.08 acres. The project booklet and the plats provided give the zoning criteria in detail. Please reference this provided material for more information. These documents are binding to the zoning of the property. Surrounding Land Use/Zoning: Direction from Site Land Use Zoning North Residential R-PZD,Residential Planned Zoning District South Residential RMF-40,Residential Multiple-Family, 40 Units/Acre East Industrial I-1,Heavy Commercial and Light Industrial West Commercial C-2, Thoroughfare Commercial Phasing: The applicant proposes to develop the project in one phase in accordance with the standard timeframe requirements of the Unified Development Code, which allow one year from the date of approval to obtain all building permits without a one year extension. KlReports120071PC Reports111-13-0718-PZD 07-2763(Skate Place Phase 11).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext Agenda Item 2 Page 4 of 12 Water&Sewer: Water and sewer service are available to the site,though service may need to be extended through the property at the time of development.Improvements to the sewer system may be required dependent upon the demand placed by the development.The capacity of the existing main may need to be studied at the time of development Access: Access to the proposed development would be from Chestnut Avenue, which intersects Sycamore Street. Adjacent Master Street Plan Streets: Chestnut Avenue(Local Street)and Sycamore Street(Collector) Street Improvements: Additional street improvements are not recommended at this time, as Chestnut and Sycamore are both improved streets in this area. Chestnut Street was extended from Ash to Sycamore with the construction of Phase I of the project. Sidewalks and street lights shall be installed along both street frontages where they do not currently exist. Tree Preservation: Existing Canopy: 13.0% Preserved Canopy: 0% Mitigation Required: 13.0% Recommendation: Staff recommends forwarding R-PZD 07-2763 with a recommendation of approval to the City Council with the following conditions: Conditions of Approval: 1. Staff recommends that the applicant coordinate with staff on the design of the proposed side fagades facing the public right-of-way, as staff is not supportive as currently submitted. 2. The existing sidewalk along Sycamore Street shall be removed and rebuilt to at the Master Street Plan right-of-way line with a minimum width of 5 feet,to City specifications. 3. The applicant shall complete all standard improvements and requirements for drainage prior to issuance of occupancy permits. 4. A floodplain development permit will be required prior to issuance of a building permit. 5. Parks fees are due in the amount of $10,200.00 for 15 multi-family dwelling units prior to building permit approval. 6. No portion of any structure shall encroach into proposed building setbacks. 7. The applicant shall identify each proposed fagade included in Appendix A with cardinal directions(east/west,north/south)and revisions submitted for City Council review. 8. The Master Development Plan, Statement of Commitments and Architectural Standards submitted by the applicant shall be considered binding and tied to the zoning of the property. Conditions of approval as noted herein and other requirements placed upon the project with review of the Master Development Plan—Planned Zoning District by the City Council shall also be binding. K.IReports120071PC ReportsV l-13-0718-PZD 07-2763(Skate Place.Phase7l).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext Agenda Item 2 Page 5 of 12 Landscape and Tree Preservation Conditions: 9. Areas for on-site storage, construction parking, cement truck washout, etc needs to be identified on this plan. 10. The applicant is proposing no preservation on the site. During the construction process, staff would like the opportunity to further evaluate the canopy once the building comers have been staked. If there is any suitable canopy for preservation, this will be saved and the mitigation amount adjusted. 11. Mitigation will be required on the site. As all canopy found on the site is low priority, 15 (2) inch caliper large species trees, $3,750 money in lieu or a combination of both would be required. The combination of money in lieu and on-site planting must be determined before a building permit will be issued. 12. A 3-year bond, letter of credit, or check will be required before issuance of a final certificate of occupancy for the buildings. This amount will be determined by the number of trees planted on-site. Typically staff uses the value of$250 per tree. 13. Shrubs are required to screen any parking visible from right of way. Please add a planting adjacent to Chestnut to screen these spaces. Shrubs are only needed in the area where the parking is visible. The species chosen must be 2 feet within 2 years of growth. 14. The intent is to plant the street trees within the right of way. If greenspace is not adequate or existing conditions prohibit,these trees need to be planted on private property just outside the right of way. 15. Utilities visible from the right of way must be screened. During inspection for the final certificate of occupancy, additional plantings may be required. 16. Parking lot lights and signs will be expected to coexist with required landscape. Please take this into consideration during the design of this project. 17. Before construction document approval,the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. I 18. An estimate of material and labor is required for 150%the cost of the required landscape. Once this estimate is approved by the Urban Forester, a letter of credit, bond or check will be held until installation. 19. Chapter 177 requires street trees to be bonded for a 3-year term before final certificate of occupancy. This amount shall be held to ensure the maintenance of the required street trees. K.tReportsl20071PCReportsill-13-07IR-PZD 07-2763(Skate Place PhaseU).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext. Agenda Item 2 Page 6 of 12 Fire Department Conditions: 20. New buildings shall have an approved address numbers, building numbers, or approved building identification placed in a position to be plainly legible and visible from the street or road fronting the property. 21. Fire lanes 20—26 feet wide shall be posted on both sides of the fire lane on the North entrance. Standard Conditions of Approval: 22. All mechanical and utility equipment on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening to the structure utilizing materials compatible with the supporting building. Smaller ground-mounted equipment may be screened with tall grasses or shrubs. A note shall be added to all construction documents indicating as such. 23. Trash enclosures shall be screened on three sides with materials compatible with the surrounding structures, with access not visible from the street. Architectural elevations for these structures shall be submitted for review prior to issuance of a building permit. 24. All freestanding and wall signs shall comply with ordinance specifications for location, size,type, number, etc. for multi-family zoning districts. Signs are not allowed to be placed in utility easements. 25. All exterior lighting is required to comply with the City's lighting ordinance. A lighting plan and cut-sheets of the proposed exterior light fixtures shall be required to be approved by Planning Staff prior to building permit. 26. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 27. Provide a CD containing the proposed Large Scale Development drawings in AutoCad or similar digital format. 28. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 29. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 30. Large scale development shall be valid for one calendar year. 31. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all K.Weportsl20071PCReportslll-13-07W-PZD 07-2763(Skate Place Phase ll).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext Agenda Item 2 Page 7 of 12 utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed,prior to the issuance of a Certificate of Occupancy. Additional conditions: 32. Subdivision Committee Action: ❑ Tabled Forwarded to City Council Motion: Second: Vote: Meeting Date: November 13,2007 Comments: The "Conditions of Approval' listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date Findings associated with R-PZD 07-2680 (Arcadian Court) Sec. 166.06. Planned Zonine Districts(PZD). (E)Approval or Rejection Criteria for Planned Zoning Districts The following criteria shall be considered by the Planning Commission and City Council in the review of a planned zoning district application based on the proposed master development plan: (1) Whether the application is in compliance with the requirements of the UDC and the City Plan 2025; FINDING: Staff finds the application to be in compliance with the Master Development Plan Planned Zoning District criteria established by the City Council. The City Plan 2025 designates this site as a Residential Neighborhood Area. Rezoning this property to R-PZD 07- 2763 with multiple-family dwelling units at a density of 14 units per acre is consistent with the K:IReports120071PC Reportsll1-13-0718-PZD 07-2763(Skate Place Phase ll).doc February 9,2009 Planning Commission ADM Skate Place R-PZD Ext Agenda Item 2 Page 8 of 12. `.\LANG PROJECTS 2007\07-0 MmG\07-043 PZD.owG,12/6/2007 4:10:07 PM - i I II BUILDING #3 kx ,i I i I I of I i ' 01 BUILDING#1 1 �� 1 ii � aeC I SKATE PLACE - PHASE II = -.ELEVATION REFERENCE SHEET r �It �° " rri Sion a Agenda Item 2 .. :::Page 9 of 12 ,... �o- J a Y „�•� �'. �i t fQ �Y F xf � @ i-^• r"t �F t F y a`F� 9 ti ' i hhj 4f "S r b � z t e , a 2 4 4 X3'.5 mxt �v.H.ti?:y fp >. ra, t a- ie� Planning Commission ADM Skate Place R-PZD E t. gena em Page 10 of 12 ADM09-3207 SKATE PLACE 11 Close Up View SUBJECT PROPERTY „z��t�, � r xN� 3x zap� s sfr, s{ s 5 Al C#iS'°4Y1'**}^5u x� rk'^i, e.� t;✓ l*�a a.u`� � i✓ i� x f ' SYCAMORE ST G} Overview eu,.... 0 37.5 75 150 225 300 Feet February 9,2009 ADM Skate Place R-PZD Ext Agenda Item 2 Page 11 of 12 ADM09-3207 SKATE PLACE II One Mile View F, p kS A�C A —1 'u uh: ELM R SUBJECT PROPERTY f• 9 �PRh a 5,SF-0 _ i4 a SS GOP' s V DAVISST HSTF",^. p '.)> >'Ca� SF-0 AxIYF�LL p ssF i f u 5 'u�u a\>) 9 � . APAMSsr r 1V a �2$G.a IICE v s I�V +,�1j ^• �Ra n"{ h'1 �\�Rffi-0 RSFd � t lA RSF4f46F-0s �Y.GV A)O , 4 c �4 ro a3 R�RN.i DL ORN T*.¢ 1 $ p'42 vro L 3 OUISE.ST\ v v RSF-0 RSF R -0¢ ' Ft S ] \ Overview Legend Boundary -"-- Subject Property --" y_i Planning Area ----' ❑ AOM093207 W000 °o Overlay Oishict Outside City Legend ` Hillside-Hilltop O erlay District 0 0.25 0.5 1 Miles February 9.2009 Planning Commission ADM Skate Place R-PZD Ext Agenda Item 2 Page 12 of 12 PC Meeting of February 09, 2009 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey,Assistant City Engineer THRU: Jeremy Pate,Director of Current Planning DATE: February 2, 2009 VAC 09-3197: (BUTTERFIELD TRAIL VILLAGE, 175): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 1923 JOYCE BOULEVARD. The property is zoned-RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 25.99 acres. The request is to vacate a portion of a utility easement. Planner: Jesse Fulcher Findings: Property Description: Butterfield Trail Village RetirementCommunity is located at 1923 E. Joyce Boulevard'and is zoned RMF-24. The facility consists of approximately 350 residential units and many amenities, including a dining hall, general store, pool, flower gardens, and art studio for the community residents. Request: The applicant's request is to vacate a portion of an existing utility easement to allow for the construction of a new dining/lodge facility that is being requested through CUP 08-3192. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. Relocation of any existing facilities shall be at the owner/developers expense Southwestern Electric Power Company No Objections. Arkansas Western Gas No Objections. Southwestern Bell Telephone No Objections. K:\Reports\2009\PC Reports\03-February 9\VAC 09-3197(Butterfield Trail Village).doc February 9,2009 Planning Commission VAC 09-3197 Butterfield Trail Village Agenda Item 3 Page 1 of 16 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 09-3197 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Any relocation of existing utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION:Required Planning Commission Action: O Forwarded ❑ Denied ❑ Tabled Date: February 09,2009 Motion: Second: Vote: Comments: K:\Reports\2009\PC Reports\03-February 9\VAC 09-3197(Butterfield Trail Village).doe February 9,2009 Planning Commission VAC 09-3197 Buttertield Trail Village Agenda Item 3 Page 2 of 16 1810N.College ^~~c~~~~~~~~~� "" "=— P.O.Box 1229 Fayetteville,Arkansas �70/�7�'�� MCECONSULTING PHONE: 479-443-2377 � ENGINEERS, INC. FAX., 479-443-9241 � To: TheCitvofFoyotteviUo—P|anningStoff | From: McClelland Consulting Engineers Date: December 81' 20O0 Subject: Butterfield Trail Village ^ Easement Vacation Submittal � � Submitted for your review are exhibits iUuutradngu2O UE within � � . � are seeking to have vacated.The easement in question is located upon the parcel of land currently being reviewed bythe City ofFayetteville for aconditional use permit(Parcel#7G5' � 15803'000). � As per the requirements of the Easement/Alley Vacation application, comments regarding this easement have been gathered by all of the local utility providers. Additional supplemental information regarding this easement vacation request are enclosed. Please contact me at any time to discuss any questions or concerns that you may have, � Sincerely, Leslie Tabor � McClelland Consulting Engineers 479.443.2377 � 479.443.9241f LTabnr@McC|e||and~ongno.00no � ( � � February 9,200A Planning Commission � VAC oa'o,o7ouoemomTrail Village Agenda Item 3 � FROM :BTV FAX NO. :4422019 30 2008 05:06RM P2 PETITION TO VACATE AN (EASEMENT)LOCATED AT (PARCEL#765-154113-000, BUTTERVIELA TRAIL VILLAGE),C1.TY OF FAYETTEVILE,ARKANSAS TO; The f4ye.ttevillo City Planning Commission and The Fayetteville City Council We, the undersigned,being all the owners of the real estate abutting the easornent, hereinafter sought to be abandoned and vacated,lying in Butterfield Trail Village, City of Fayetteville, Arkansas.a municipal corporation,petition to vacate an oaserrient,which is described m follows: A 20'x 99.76' Utility Easement-Shown on easement plat filed in Plat Book 1746 in the office of the circuit clerk,Washington County,Arkansas. Description of 20' r,99.76"Utility EHemant(1995 sq,ft.) Apart of the 9E1/4 of the N W 1/4 of Section 7.5,T-17-N,R-30-W.Being, mnre particularly described as follows,to wit;From the PIE corner of the SEI/4 of the NW 1/4 of said Section 25,Thence 3 2°37'31"W -$00.40 fort,T hence N 891'09'49"W•W 428.10 fed,Thence S 2'050'11"W-107,27 feet.Thence S 41952'10"W-324.91 feet,Thence N 48007'50"W-91.68 feet,Thence N 49°39'19"W- 171.51 feet to the POINT OF.BEGRQQNG, Thence N 49%'l 9"W.. 20.00 fleet;'Thence N 40°20'41"E-93.76 feat; Thence S 49'39'19"E-20.00 feet;Thence S 40°20'41"W--99.76 ftaet to the POINT OF BLGEMNCr, containing 1995 sq.ft,(0.05 Acres),more or less. That the abutting real estate;affected by said abandonment of the easeenazu are within Buttetrfield Trail Village,City of Fayetteville,used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The*boners 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 Pagmw 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 respoctfully pray that the governius 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 fine from the aasemants of the public for the use of said easements. Dated this 300 day of Do mbar,2008 P nn N' e February 9,2009 Planning Commission VAC 09-3197 Butterfield Trail Village Agenda Item 3 Page 4 of 16