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Home My WebLink About2011-09-26 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting September 26, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on September 26, 2011 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the September 12, 2011 meeting. 2. VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SOUTH SIDE OF TOWNSHIP STREET EAST OF COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to vacate a portion of a utility easement throughout the subdivision. Planner: Andrew Garner Old Business: 3. ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION to clarify Sidewalk Vendor requirements and to add hood vent requirements for Outdoor Mobile Vendors that serve food. Planner: Leif Olson 4. CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./BARTHOLOMEW (SALE BARN), 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11Th STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 10.95 acres. The request is to utilize a trailer as a temporary leasing office, Use Unit 2, for an apartment complex. Planner: Jesse Fulcher New Business: 5. VAC 11-3931: Vacation (510 W. 11`h St. & 989 S. SCHOOL AVE./CAMPUS CREST, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for properties located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate unconstructed street right-of-way. Planner: Jesse Fulcher 6. PPL 11-3902: Preliminary Plat (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SUMMIT PLACE SUBDIVSION. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to replat the existing residential subdivision from 50 into 123 single family lots. Planner: Andrew Garner 7. CUP 11-3937: Conditional Use Permit (180 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by MODUS STUDIO for property located at 180 SOUTH HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.92 acres. The request is to allow a hotel, Use Unit 14, in the DG zoning district. Planner: Jesse Fulcher 8. LSD 11-3934: Large Scale Development (180 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 180 SOUTH HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.92 acres. The request is for a three- story mixed-use building containing approximately 25,296 square feet. Planner: Jesse Fulcher 9. CUP 11-3919: Conditional Use Permit (4201 N. SHILOH DR./THE AMP, 135): Submitted by CRAFTON, TULL AND ASSOCIATES for property located at 4201 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 105 acres. The request is to allow outdoor music, Use Unit 35, in a C-2 zoning district. Planner: Dara Sanders 10. LSD 11-3920: Large Scale Development (4201 N. SHILOH DR./THE AMP, 135): Submitted by CRAFTON, TULL & ASSOCIATES for property located at 4201 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 105 acres. The request is for a permanent facility for the Arkansas Music Pavilion containing approximately 12,940 square feet. Planner: Dara Sanders 11. CUP 11-3932: Conditional Use Permit (1637 DEANE ST./LEGACY VENTURES, 365): Submitted by BATES AND ASSOCIATES for property located at 1637 DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acres. The request is to allow two tandem lots. Planner: Andrew Garner 12. CUP 11-3936: Conditional Use Permit (216 W. DICKSON ST./FIX, 484): Submitted by WILLIAM RAY for property located at 216 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.27 acres. The request is for a dance hall, Use Unit 29, in the MSC zoning district. Planner: Jesse Fulcher 13. CUP 11-3942: Conditional Use Permit (170 E. 19TH ST./RITCHIE, 602): Submitted by JASON RITCHIE for property located at 170 EAST 19TH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.08 acres. The request is to allow camping, Use Unit 2, in the 1-1 zoning district. Planner: Andrew Garner 14. ADM 11-3938: Administrative Item (UDC CHAPTER 164.12): Submitted by CITY PLANNING STAFF. The proposal is to amend Chapter 164.12 Nonconforming Uses and Structures. Planner: Jesse Fulcher NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission September 12, 2011 Page 1 of 18 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 12, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: August 22, 2011 Page 3 Approved ADM 11-3949: Variance (241 WEST DICKSON STREET/DICKSON STREET LIQUOR, 484) Page 3 Approved Old Business: CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484) Page 4 Approved RZN 11-3892: Rezone (FAYETTE JUNCTION MASTER PLAN, 599) Page 5 Forwarded New Business: ADM 11-3948: Variance (INTERSECTION OF MT. COMFORT & OAKLAND AVE./OAKLAND COURTS, 405) Page 6 Approved CUP 11-3917: Conditional Use Permit (2783 MT. COMFORT RD./FELLOWSHIP OF THE HILLS, 363): Page 8 Approved CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./BARTHOLOMEW (SALE BARN), 562) Page 9 Tabled CUP 11-3921: Conditional Use Permit (401 W. WATSON ST., SUITE 203./LEGACY BLUES, 484) Page 10 Approved RZN 11-3916: Rezone (SW CORNER OF SALEM RD. & WEIR RD./TTO, LLC, 245) Page 11 Forwarded ADM 11-3782: Administrative Item (UDC CH. 164: SUPPLEMENTARY DISTRICT REGULATIONS — COTTAGE HOUSING DEVELOPMENT) Page 14 Forwarded September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 1 of 18 Planning Commission September 12, 2011 Page 2 of 18 ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Page 17 Tabled MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Dara Sanders Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 2 of 18 Planning Commission September 12, 2011 Page 3 of 18 Consent: Approval of the minutes from the August 22, 2011 meeting. ADM 11-3949: Variance (241 WEST DICKSON STREET/DICKSON STREET LIQUOR, 484): Submitted by ALBERT SKILES for property located at the southeast corner of DICKSON STREET AND LOCUST STREET. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.22 acre. The request is for a variance from Chapter 172.08, Nonconforming Parking Lots, to bring only a portion of the existing nonconforming parking lot into compliance with the parking lot landscaping requirements. Commissioner Earnest made a correction on page 11 of the minutes clarifying that he voted `no' for the motion to deny CUP 11-3896 (Arkansas Helicopters). Motion: Commissioner Winston made a motion to approve the Consent Agenda with the change noted by Commissioner Earnest. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 3 of 18 Planning Commission September 12, 2011 Page 4 of 18 Old Business: CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 N. WEST AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.75 acres. The request is for off-site parking as nine on-site parking spaces are proposed to be utilized during temporary events. Andrew Garner, Senior Planner, gave the staff report. Zack Wooden, applicant, stated agreement with the recommended conditions of approval. No public comment was presented. Motion: Commissioner Winston made a motion to approve CUP 11-3811 with all of the conditions as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 4 of 18 Planning Commission September 12, 2011 Page 5 of 18 RZN 11-3892: Rezone (FAYETTE JUNCTION MASTER PLAN, 599): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION for property located WITHIN THE FAYETTE JUNCTION MASTER PLAN AREA. The properties are zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 DU/ACRE; C-1, NEIGHBORHOOD COMMERCIAL; C-2, THOROUGHFARE COMMERCIAL; and I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. The request is to rezone select properties within the Fayette Junction Master Plan area to NS, NEIGHBORHOOD SERVICES; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; P-1, INSTITUTIONAL; AND I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL. Dara Sanders, Current Planner, gave the staff report. No public comment was presented. Commissioner Winston congratulated staff on the project. Motion: Commissioner Winston made a motion to forward RZN 11-3892 to the City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 5 of 18 Planning Commission September 12, 2011 Page 6 of 18 New Business: ADM 11-3948: Variance (INTERSECTION OF MT. COMFORT & OAKLAND AVE./OAKLAND COURTS, 405): Submitted by COMMUNITY BY DESIGN for property located at the intersection of MOUNT COMFORT ROAD AND OAKLAND AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 1.75 acres. The request is for variances from Unified Development Code Chapters 166, Development, Chapter 170, Stormwater Management, Drainage, and Erosion Control, Chapter 172, Parking and Loading, and Chapter 177, Landscaping. Dara Sanders, Current Planner, gave the staff report. Rob Sharp, applicant, passed out drawings. He discussed that the City's old drainage manual is outdated. He discussed the speed of water passing through the pipe. He agreed with all other determinations and recommendations. No public comment was presented. Commissioner Hoskins and Glenn Newman, Staff Engineer, discussed the Engineering Division's concerns with the proposal, including public responsibility of maintaining the proposed smaller pipe. Kit Williams, City Attorney, asked if the owner would agree to maintain the system. Mr. Sharp stated that it would be appropriate to require the owner to maintain the system when varying the code requirements. He discussed similar requests in other cities. Commissioner Earnest, Mr. Sharp, and Mr. Newman discussed the proposed water collection method on the site. Commissioner Chesser, Mr. Newman, and Mr. Sharp discussed the way in which the proposal could be considered a low impact development technique. Commissioner Chesser discussed the variance request from the glazing requirements on the west wall. Commissioner Cabe and Mr. Sharp discussed the way in which the smaller pipe would be cleaned and maintained. Commissioner Cabe expressed support for the applicant's variance requests as submitted with the condition that the property owner be required to maintain the system. Mr. Williams offered language for a condition of approval for determination #4 in the staff report. Commissioner Cabe and Chris Brown, City Engineer, discussed new technologies for maintaining smaller pipes. Mr. Brown stated that, for the most part, the smaller pipe size will mostly affect the subject property. Motion: Commissioner Chesser made a motion to approve ADM 11-3948 finding in favor of all variances as recommended by staff, modifying condition of approval No.4 to state: September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 6 of 18 Planning Commission September 12, 2011 Page 7 of 18 "The applicant will be allowed to construct its drainage system as designed by the project engineer if the owner/developer agrees that this drainage system shall remain its private property and assumes all liability and maintenance responsibility for the drainage system for all stormwater entering onto or falling upon their property including all city rights-of-way especially the internal alley. The owner agrees to ensure its drainage system will function properly at all times and shall take immediate action to unclog any pipe or correct any other defect when notified by the City." Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 7 of 18 Planning Commission September 12, 2011 Page 8 of 18 CUP 11-3917: Conditional Use Permit (2783 MT. COMFORT RD./FELLOWSHIP OF THE HILLS, 363): Submitted by BRIAN BROWN for property located at 2783 MT. COMFORT ROAD. The property is zoned P-1, INSTITUTIONAL and contains approximately 2.19 acres. The request is to utilize a temporary construction trailer, Use Unit 2, for Sunday school rooms. Andrew Garner, Senior Planner, gave the staff report, making a recommendation to modify condition of approval No. 4 that the two existing light fixtures shall be shielded to meet City ordinance. Brian Brown, Fellowship of the Hills pastor, was present to answer any questions. No public comment was presented. Commissioner Griffin asked the applicant if they had plans to build a permanent building. Brian Brown, applicant, stated that, yes, they are making plans for a permanent building. Motion: Commissioner Chesser made a motion to approve CUP 11-3917 with all conditions of approval as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 8 of 18 Planning Commission September 12, 2011 Page 9 of 18 CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./BARTHOLOMEW (SALE BARN), 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 10.95 acres. The request is to utilize a trailer as a temporary leasing office, Use Unit 2, for an apaitinent complex. THE APPLICANT HAS REQUESTED THAT THE ITEM BE TABLED UNTIL SEPTEMBER 26, 2011. THE APPLICANT HAS DECIDED TO RELOCATED THE TEMPORARY FACILITY TO ANOTHER LOCATION ON THE PROPERTY. No staff report or public comment were presented. Motion: Commissioner Chesser made a motion to table 11-3918 indefinitely. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 9 of 18 Planning Commission September 12, 2011 Page 10 of 18 CUP 11-3921: Conditional Use Permit (401 W. WATSON ST., SUITE 203./LEGACY BLUES, 484): Submitted by JAMES LEFLER for property located at 401 WEST WATSON STREET, SUITE 203, LEGACY BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.44 acres. The request is for Use Unit 29 (Dance Hall). Andrew Garner, Senior Planner, gave the staff report. David Hogue, attorney for the applicant, stated agreement with the conditions of approval. No public comment was presented. Commissioner Chesser asked about why a dance hall needed a conditional use permit. Garner discussed the code requirements stating that a dance hall requires a conditional use permit and discussed that uses associated with a dance hall make a dance hall different than a typical restaurant or bar. There is a greater impact on police calls to a dance hall and occupancy issues that need to be brought to the attention of the fire department. Motion: Commissioner Chesser made a motion to approve CUP 11-3921 with the conditions of approval as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 10 of 18 Planning Commission September 12, 2011 Page 11 of 18 RZN 11-3916: Rezone (SW CORNER OF SALEM RD. & WEIR RD./TTO, LLC, 245): Submitted by JORGENSEN & ASSOCIATES for property located at the SOUTHWEST CORNER OF SALEM ROAD AND WEIR ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (06- 2281 HOLCOMB HEIGHTS I AND 07-2613 HOLCOMB HEIGHTS II) and contains approximately 19.24 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Jesse Fulcher, Current Planner, gave the staff report. Justin Jorgensen, applicant, discussed that 50 -foot wide lots is the reasons for the RSF-8 lots. They are only proposing single family lots. He discussed that they can't get more than 72 homes. Public Comment: Patrick Smith, lives just to the south. He discussed poor drainage and standing water. He presented a soils report and discussed the soil types on the property and drainage problems. He discussed the soil types have a high corrosion on concrete. These soil types are notorious for corrosion. What is the need for up to eight units per acre? Four units per acre is appropriate. Sixty-five residents signed a petition against the rezoning. He discussed overcrowding at Holcomb Elementary. Jason Tullis, lives in Salem Meadows to the south. He discussed drainage issues and asked about the commission's role in drainage. Kit Williams, City Attorney, discussed drainage manual and ordinance. The Planning Commission cannot look at that when considering a rezoning. Andy Mays, adjacent property owner, discussed the original PZD and their comfort level with that proposal. He is concerned with eight units per acre. He is concerned with the RSF-8 zoning. He asked about any potential variance or conditions of approval to have it rezoned. Kit Williams, City Attorney, discussed that conditions cannot be applied to a rezoning. He discussed that a rezoning is different than a PZD, the current zoning on the property. The property owner/developer is not bound by anything in a rezoning. Andy Mays stated he can't support the RSF-8 zoning. It puts the neighbors in a great position of risk. He asked the commission deny or table the request until the neighbors are satisfied. Cathy Sprouse discussed the traffic numbers. He were comfortable with 72 units that the engineer told us but discussed concerns that another developer could develop the property with more than 72 units. She discussed traffic issues at Salem/Mt. Comfort. The school at Holcomb is at capacity. Holt is getting close to capacity. She stated that she wants some guarantee or assurance. No more public comment was presented. Commissioner Hoskins stated concerns with density and compatibility with this density of development on the edge of the City. Fulcher discussed density and build -out and that the proposal is consistent with the surrounding area. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 11 of 18 Planning Commission September 12, 2011 Page 12 of 18 Commissioner Earnest stated that the PZD approved development of 104 units and that the proposed zoning is comparable or even less than that. Commissioner Griffin stated that he has the same concerns as Commissioner Hoskins. We can't compare this to the PZD. He discussed concerns with putting this type of development out on the edge of the City. He discussed that RSF-4 zoning would be better in his opinion. Commissioner Honchell requested for Mr. Mays to come back up to the podium. Andy Mays, adjacent property owner, discussed that the PZD was approved with some larger lots on the edge next to the neighbors and some smaller lots in other areas. He is concerned with what could happen down the road. Commissioner Cabe discussed that 72 units as indicated by the engineer would be 3.7 units per acre. Justin Jorgensen, applicant, discussed that the reason for the RSF-8 zoning was not the density but the 50 - foot wide lots. Commissioner Chesser discussed compatibility and the future build -out at eight units per acre. Commissioner Winston asked about variances for lot width. Fulcher discussed the hardship needed for a Board of Adjustment variance. Williams discussed that it is difficult to meet the variance test for a lot size variance. Commissioner Winston asked how this proposal meets City Plan 2030. Fulcher explained density in this area of the City in the immediate proximity of a school and other single family neighborhoods. Commissioner Winston asked about a buffer. Fulcher discussed density and transition of the proposed zoning to the surrounding area. Commissioner Hoskins discussed that he does not feel that this meets the goals of City Plan 2030 to promote infill and reduce sprawl. Commissioner Griffin discussed that this proposal may need to be considered in light of the next proposal for a cottage ordinance that may allow increased density. Commissioner Winston asked about street improvements. Fulcher discussed traffic and potential improvements. Commissioner Chesser asked if townhomes/attached single family homes, could be built by right in the RSF-8 zoning district. Fulcher stated `no'. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 12 of 18 Planning Commission September 12, 2011 Page 13 of 18 Motion: Commissioner Chesser made a motion to forward RZN 11-3916 to the City Council with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 5-4- 0 (Commissioners Griffin, Winston, Honchell, and Hoskins voting `no'). September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 13 of 18 Planning Commission September 12, 2011 Page 14 of 18 ADM 11-3782: Administrative Item (UDC CH. 164: SUPPLEMENTARY DISTRICT REGULATIONS — COTTAGE HOUSING DEVELOPMENT): Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION. The request is to amend Chapter 164 of the Unified Development Code (UDC) to permit cottage housing development. Leif Olson, Planner, gave the staff report and outlined the key points of the Cottage Housing Ordinance with a power point presentation. Commissioner Cabe opened the floor for public comment. Rob Sharp addressed the commission and expressed his support of the ordinance. Rob commented on the fact that the ordinance was very prescriptive in order to achieve a high quality product. Sharp discussed the need in Fayetteville for smaller housing units to serve the growing demographic of singles, couples, retirees, etc. Commission Cabe closed the floor for public comment. Commissioner Chesser asked if the architectural requirements would preclude modern architectural styles. Leif Olson stated that the ordinance is not prescriptive in regard to architectural style. Commissioner Chesser commented that he felt that the Cottage Housing Ordinance should be permitted by right in single family zoning districts. Commissioner Chesser stated that he would have a hard time supporting this ordinance if it did not allow CHD's in single family zoning districts by right. Commissioner Earnest stated his support of the ordinance. Commission Cabe asked if existing non -conforming structures would count as a housing unit in the total number of housing units permitted in the development. Leif Olson stated that an existing structure that would remain on the property after the development was completed would count as one of the housing units allowed in the development. Commission Cabe asked if any other cities permitted well done parking areas to count in the square footage of open space required per dwelling unit. Leif Olson indicated that none of the twenty or so CHD ordinances that staff looked at allowed parking areas to count for the required open space requirement. Commissioner Cabe asked if the language regarding the inclusion of bicycle racks or designated bike storage should be strengthened to a requirement instead of a recommendation. Leif Olson indicated that staff removed the requirement for bike storage because a City Council sponsor of the ordinance requested that change. Olson stated that the City does require bike racks for commercial projects but not for any single family type projects but that staff would encourage developers to include bike storage facilities in their design. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 14 of 18 Planning Commission September 12, 2011 Page 15 of 18 Commissioner Cabe asked if a variance could be added in order to allow for less variation in the architectural requirements. Leif Olson stated that the ordinance could be amended in order to allow for that possibility. Commissioner Hoskins asked if there is anything in the ordinance that would preclude someone from having a garage attached to a cottage housing unit. Leif Olson stated that the requirement is that the footprint of the home shall not exceed 900 square feet. Commissioner Hoskins asked if staff had seen any of these developments that had garages attached to the cottages. Leif Olson and Andrew Garner both stated that they had not found examples with garages attached. Commissioner Hoskins asked about the square foot requirement for the cottages and whether the City should allow for units larger than 1,100 square feet. Hoskins asked staff about the square footage requirements of peer cities that had adopted CHD. Leif Olson stated that of the 20 peer cities ordinances reviewed the square footage was typically limited to 1,000 to 1,300 square feet. Commissioner Hoskins asked if it would make sense to allow for cottage housing units that are larger than 1,100 square feet. Hoskins stated that the 1,100 sq. ft. would limit the market for these housing units. Hoskins discussed the various demographic trends and what buyers are looking for. Leif Olson stated that the limited square footage requirement is in place for the purposes of scale and compatibility and that once you get up over a certain square footage it is no longer a cottage but a house. Olson stated that staff felt strongly that 1,100 sq. ft. was appropriate to ensure that the units were small enough in scale. Commissioner Hoskins indicated that he felt 1,100 sq. ft. is too small and that the inconvenience of parking and walking to a cottage unit may turn off some potential buyers. Hoskins stated that it would be very difficult to locate a garage in a unit with a maximum first floor footprint of 900 sq. ft. Leif Olson stated that the cottage housing ordinance is designed to be very prescriptive and that it is a very specific tool that will not appeal to all developers or potential buyers. Olson stated that if the deciding factor for a home buyer was the ability to park their car in a garage in the home then this type of development would probably not be for them but that there is a lot of other housing product in the City that would accommodate their needed desires. Commissioner Hoskins stated that he thought it was a great ordinance and he thanked staff for bringing it forward. Commissioner Chesser discussed the square footage requirement and suggested that some flexibility might be desirable. Chesser suggested allowing a percentage overage of the maximum sq. ft. allowed. Leif Olson discussed the ability for the developer to do fee simple or condominium ownership and that the September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 15 of 18 Planning Commission September 12, 2011 Page 16 of 18 incentive for the developer was to be able to create individual lots for each cottage that did not have to have street frontage so long as the parent tract met the requirements of the underlying zoning district. Olson stated that the prescriptive requirements of the ordinance such as the 1,100 sq. ft. maximum are intended to ensure that the housing built would be small in scale and not a cluster of large homes without street frontage. Commissioner Hoskins stated that his issue with the ordinance was that the footprint was limited to 900 sq. ft. and the limited ability to have a garage within that area. Commissioner Cabe stated that he felt that the ability for each cottage housing unit to have direct car access would be limited due to the cost of providing private streets in such a small cluster of size limited homes. Cabe discussed the CHD ordinance as a tool that will be used as an alternative development pattern and that we shouldn't try to shoehorn this ordinance in order to meet what is the perceived current real estate market. Cabe indicated that he thought these developments would be tucked into vacant and underutilized land in the core of Fayetteville instead of on the fringe of the City. Discussion followed regarding carports and garages. Rob Sharp stated that a garage is not necessarily integral to a housing unit and the fact that the social interactions that take place walking is a viewed as a positive aspect of these developments. Sharp also discussed that he felt it was important to get a few of these built and then come back and revisit the ordinance to see what was and wasn't working. Commissioner Earnest indicated that this is only a tool to help meet the changing demographics. Earnest indicated that the PZD process existed for developers to do innovative projects and that variations of these type of projects can still be approved with the PZD. Motion: Commissioner Earnest made a motion to forward ADM 11-3782 to the City Council with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 6- 3-0 (Commissioners Chesser, Honchell, and Hoskins voting `no'). September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 16 of 18 Planning Commission September 12, 2011 Page 17 of 18 ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION to clarify Sidewalk Vendor requirements and to add hood vent requirements for Outdoor Mobile Vendors that serve food. Leif Olson, Planner, gave the staff report. Motion: Commissioner Chesser made a motion to table ADM 11-3932 until the September 26, 2011 Planning Commission meeting requesting clarification on the fire code modifications. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-2-0 (Commissioners Earnest and Cabe voting `no'). There being no further business, the meeting was adjourned at 9:15 PM. September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 17 of 18 Planning Commission September 12, 2011 Page 18 of 18 September 26, 2011 Planning Commission PC Minutes 9-12-11 Agenda Item 1 Page 18 of 18 ayeARKANSAS eville PC Meeting of September 26, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 19, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SOUTH SIDE OF TOWNSHIP STREET EAST OF COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to vacate a portion of a utility easement throughout the subdivision. Planner: Andrew Gamer Findings: Property Description and Background: The site is the Summit Place Subdivision located approximately 500 feet east of College Avenue on the south side of Township Street. The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50 single family lots. This property was recently rezoned from RSF-4, Residential Single Family Four Units Per Acre to NC, Neighborhood Conservation. The applicant proposes to re -plat the Summit Place subdivision from 50 single family lots into 123 single family lots (PPL 11- 3902). Because the NC zoning district is a form -based zoning district homes are required to be placed close to the street within a 0 -25 -foot build -to zone. The original Summit Place Subdivision platted a 25 -foot front setback and utility easement adjacent to the street. In order to be able to construct homes within the build -to zone, the applicant proposes to vacate the rear 5 -feet of the 25 -foot utility easement adjacent to the public streets throughout this neighborhood. Request: The applicant's request is to vacate the rear five feet of a general utility easement located adjacent to all of the interior streets in the Summit Place Subdivision. The applicant has submitted the required easement vacation 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 September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 1 of 14 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections 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 11-3940 to the City Council with a recommendation for approval subject to the following conditions: 1. Easements for water and sewer lines shall be 10 feet from centerline of pipes to the edge of easements. No easements shall be vacated that result in less than 10 feet from the centerline of a pipe to the edge of an easement. The owner/developer shall be required to coordinate water and sewer locates and survey the marked locations of all water and sewer lines and present the findings to the City of Fayetteville for review. 2. Any rearrangements in the electric distribution system which may be required by the customer shall be paid for by the customer. New easements will be required to serve the new subdivision layout. 3. Relocation or damage to utilities will be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied 9 Tabled Date: September 26, 2011 Motion: Second: Vote: Note: September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 2 of 14 Coover Consultants site/civil/planning/infrastructure Summit Place Subdivision Replat PARTIAL EASEMENT VACATION REQUEST August 26, 2011 In order to better meet the requirements of the Neighborhood Conservation Zoning designation, we are requesting to vacate a 5' portion of the existing 25' Utility Easement (UE) along the streets. More specifically: The 5 -foot portion of the existing 25 -foot Utility Easement in the Summit Place Subdivision (Lots 1-30 and 32-54 of the Summit Place per Subdivision File # 023A- 00000321) that is farthest from the street right-of-way, resulting in a final utility easement width of 20 feet along Marks Mill Lane, Marwood Avenue, Windswept Lane, Ozark View Drive and Champion Drive in the Summit Place Subdivision, except along the east side of Freshwater Avenue where a 10 -foot portion of the existing empty 25 -foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Neighborhood Conservation Zoning requires a build -to area within the first 25' along the front property line. At the present time, there is an existing 25' UE along the front property line, which effectively precludes development of the lots, specifically lots with curved front lot lines. The vacation of 5' of this 25' UE will allow builders enough room to meet the requirements of Neighborhood Conservation Zoning. # # # 330 N. ROLLSTON AVENUE • FAYETTEVILLE • ARKANSAS www.cooverconsultants.com Plan L6m issiooky9.263.O9S8 VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 3 of 14 IIIIIII111 1 1 1 IIIIII111 III al° 111111IIIIIIII 0'S913 ..00.00.00 N S ptember �� 2011 Planning Commission VAC 11 3940 Summit flues Subdivi.,ien Agenda Item 2 Page 4 of 14 PETITION PETITION TO VACATE A PORTION OF AN EASEMENT LOCATED IN THE SUMMIT PLACE SUBDIVISION, 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 easement hereinafter sought to be partially abandoned and vacated, lying adjacent to the street right-of-way in Summit Place Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an easement which is described as follows: The 5 -foot portion of the existing 25 -foot Utility Easement that is farthest from the street right-of-way, resulting in a final utility easement width of 20 feet along Marks Mill Lane, Marwood Avenue, Windswept Lane, Ozark View Drive and Champion Drive in the Summit Place Subdivision, except along the east side of Freshwater Avenue where a 10 -foot portion of the existing empty 25 -foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. That the abutting real estate affected by said abandonment of the easement are all lots in Summit Place Subdivision, 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 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 easements of the public. Dated this 26th day of August, 2011. M41? K CO a.€ 01- A/ Printed Name Signature September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 5 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: August 25, 2011 UTILITY COMPANY: ®.l�)l.( qC2 , GAS APPLICANT NAME: TMS DEVELOPMENT, INC. APPLICANT PHONE:1479) 601-1197 REQUESTED VACATION (applicant must check all that apply): , 4 Utility Easement (portion) Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following portion of a Utility Easement, described as follows: The 5 -foot portion of the existing 25 -foot Utility Easement that is farthest from the street right-of- way, resulting in.a final utility easement width of 20 feet, except along the east side of Freshwater Avenue where a 10 -foot portion of the existing 25 -foot Utility Easement is -to be vacated resulting in.a final utility easement width of 15 feet. Attached is.a.copy of the Preliminary Replat showing the 5' portion of the 25' UE to be vacated UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: 42.4 NPA -Lo . fl s far IMLs 4 -lair Al2 .t;1iist:45 Qu) May ke al:01160 SAt.n S t i ! 12IL1 r, (`,4'j 0 Vf Tit IPoi (di 11 he (4 OE ones t4XQ Art Title C—/G/ of Utilit3CC rn�p{ty Representative .644113:t/\ f) t^2,lkt r. W �d7n September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 6 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: August 25, 2011 UTILITY COMPANY: ! "--,4,7„,14,,,a. T2.4•at�On O -A, APPLICANT NAME: TMS DEVELOPMENT. INC. APPLICANT PHONE: (479) 601-1197 REQUESTED VACATION (applicant must check all that apply): Utility Easement (portion) ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following portion of a Utility Easement, described as follows: The 5 -foot portion of the existing 25 -foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along the east side of Freshwater Avenue where a 10 -foot portion of the existing 25 -foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Attached is a copy of the Preliminary Replat showing the S' portion of the 25' UE to be vacated UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: August 25, 2011 UTILITY COMPANY: 6 2 l< S gijo -f G. APPLICANT NAME: TMS DEVELOPMENT, INC. APPLICANT PHONE: (479) 601-1197 REQUESTED VACATION (applicant must check all that apply): J Utility Easement (portion) Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley - Street right-of-way I have been notified of the petition to vacate the following portion of a Utility Easement, described as follows: The 5 -foot portion of the existing 25 -foot Utility Easement that is farthest from the street right-of- way, resulting in a final utility easement width of 20 feet, except along Freshwater Avenue where a 10 -foot portion of the existing 25 -foot Utility Easement is to be vacated resulting in a final utility easement width of 15 feet. Attached is a copy of the Preliminary Replat showing the S' portion of the 25' UE to be vacated UTILITY COMPANY COMMENTS: o objections to the vacation(s) described above. • No objections to the vacation(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 o'`:5lity Company Representative 2cad.. Shfuat.Lv'TecL._. Title September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 8 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, ANI) UTILITY EASEMENT VACATIONS DATE: August 25 2011 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: TMS DEVELOPMENT INC. APPLICANT PHONE: (479) 601-1197 REQUESTED VACATION (applicant must check all that apply): 1! Utility Easement (portion) - Right-of-way for alley or streets and all utility easements located within the vacated t rght- of way. - Alley - Street right-of-way I have been notified of the petition to vacate the following porno&ofa,Utility Basemen t, described as follows: The 5 -foot portion of the existing 25 -foot Utility Easement tlatisTarthest from the street right-of- way, resulting in a final utility easement width of 20 feet, excepfalong Freshwater Avenue where a 10 -foot portion of the existing 25 -foot Utility I sement is to be vacated resulting in a final utility easement width of 15 feet. ... Attached is a copy of the Preliminary Repint s/t6wing the S' portion of the 25' WE to be vacated UTILITY COMPANY COMMENTS; • No objections to the Vacation(s) described above. • No objections to tiie vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Any rearrangements in the electric distribution system which may be required by the customer shall be paid for by the customer, also new casements will be required to serve the new layout. Signature of Utility Company Representative Project Engineer Title September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 9 of 14 UTILITY APPROVAL FORM FOR RICHT- OF- WAY, ALLEY, AND CJTD,]TY EASEMENT VACATIONS DATE: August 25.20i,� uTa-ttvCOMPANY: PC1T SW_ APPLICANT NAME: TMS DRVI,I_UPMENT. INC. APPLICANT PROM): j479i 601-1 REQIIPSTED VACATION rap/if/emu marl check all that apply): vt Utility Easement (portion) Right-ef-s •ay for alley or streets and all utility easements located within the vacated right- of Alley Street right -of way 1 have been notified of the petition to vacate the following portion of a Utility Ertsement, described as Follows: The 5 -foot portion of the existing 25 -foot Utility Easement that is farthest from the street right -of - resulting in a final utility' easement width of 20 feet, except along the east side of Freshwater here a 10 foot portion of the existing 25 -foot Utility Easement is to he vacated resulting in a sentent width of 15 Attached is a copy of the Prelimnrary Repeat showing the S' porttou of the 25' LT to be vacated OTILf[Y COMPANY COMMENTS: • Nor (Sta ovided following described eusernents are teiained. • No objectons provided rhe following September 26, 2011 Planning Commission VAC 11-3940 Summit Place Subdivision Agenda Item 2 Page 10 of 14