HomeMy WebLinkAbout2009-09-14 - Agendas - Final lile a e ev
ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,September 14,2009,5:30 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
Matthew Cabe James Graves
Porter Winston Andy Lack
Christine Myres Jeremy Kennedy
Jim Zant Craig Honchell
•
a e evl le
ARKANSAS
TENTATIVE AGENDA
T1IE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St
Fayetteville,AR 72701
Telephone:(479)575-5267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
MONDAY, SEPTEMBER 14, 2009, 5:30 p.m.
Room 219, City Administration Building
Call to Order
Roll Call
The following items will be considered:
Consent.
1. Approval of the minutes from the Monday, August 24, 2009 meeting.
2. ADM 09-3425: (CREEKSIDE,360): Submitted by H2 ENGINEERING for property located at the
SE CORNER OF MT. COMFORT AND BRIDGEPORT. The request is for a major modification to
the approved Preliminary Plat,PPL 08-3086, Creekside, to allow phasing of the project.
Planner: Jesse Fulcher
No Unfinished Business
New Business:
3. ADM 09-3430: (WARD): Submitted by SANDRA AND BRADLEY WARD for property
located at 1048 N. HAMESTRING ROAD. The request is for a variance from the driveway
approach design requirements of Chapter 172.11(A) of the Unified Development Code.
Planner: Dara Sanders
4. CCP 09-3405: (ABSHIER HEIGHTS, 407): Submitted by H2 ENGINEERING, INC. for property
located at THE NW CORNER OF ABSHIER & HILLCREST. The property is zoned R-PZD,
RESIDENT. PLANNED ZONING DIST. and contains approximately 4.12 acres. The request is for
review of a concurrent plat to create individual lots for the previously approved 24 dwelling units.
Planner: Jesse Fulcher
5. LSD 09-3402: (HAPPY HOLLOW SCHOOL, 527): Submitted by CRAFTON, TULL, SPARKS
& ASSOC. for property located at CROSSOVER ROAD, HWY 265, 1/2 MILE N OF HUNTSVILLE
ROAD. The property is zoned P-1, INSTITUTIONAL and contains approximately 32.53 acres. The
request is for a 75,226 s.f. elementary school. Planner: Dara Sanders
6. CUP 09-3408: (TRINITY FELLOWSHIP CHURCH, 252): Submitted by GARVER
ENGINEERS for property located at 1100 ROLLING HILLS DRIVE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 3.48 acres. The request is for
additional parking for the existing church. Planner: Andrew Garner
7. CUP 09-3407: (ARTS LIVE THEATRE / 818 SANG AVE, 442): Submitted by ARTS LIVE
THEATRE for property located at 818 N. SANG AVENUE. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.46 acres. The request is for a children's arts
facility. Planner: Jesse Fulcher
8. CUP 09-3426: (YVONNE RICHARDSON COMMUNITY CENTER, 524): Submitted by the
CITY OF FAYETTEVILLE for property located at 240 E. ROCK STREET. The Property Is zoned
RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approx 1.94 acres.
The request is to allow for a reduction in the number of parking spaces required by Chapter 172,
Parking. Planner: Data Sanders
9. ANX 09-3409: (BROYLES / 3231 N. OLD WIRE RD., 217): Submitted by APPIAN CENTER
FOR DESIGN for property located at 3231 N. OLD WIRE ROAD, NW CORNER OF OLD WIRE
ROAD AND ROM ORCHARD ROAD. The property is in the Planning Area and contains
approximately 39.33 acres. The request is to annex the subject property into the City of Fayetteville.
Planner: Andrew Garner
10. RZN 09-3410: (BROYLES/3231 N. OLD WIRE RD., 217): Submitted by TODD JACOBS for
property located at 3231 N. OLD WIRE ROAD, NW CORNER OLD WIRE ROAD AND ROM
ORCHARD ROAD. The property contains approximately 39.33 acres. The request is to rezone the
subject property to RSF-4,RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE.
Planner: Andrew Garner
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,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.
all
PC Meeting of September 14, 2009
ARKANSAS
a
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
THRU: Jeremy Pate, Development Services Director
DATE: September 9, 2009
ADM 09-3425: (CREEKSIDE PPL AMENDMENT): Submitted by H2 ENGINEERING for
property located at the SE CORNER OF BRIDGEPORT DRIVE AND MT. COMFORT ROAD.
The request is to amend the approved Preliminary Plat(07-2581)to include a phasing line.
Planner: Jesse Fulcher
BACKGROUND
Property Description and History: The subject property is located at the southeast corner of
Bridgeport Drive and Mt. Comfort Road, and is bordered by Hamstring Creek to the south. The
Planning Commission approved the preliminary plat for Creekside Subdivision on September 22,
2008, containing 16 single-family lots, one lot for parkland dedication, and one lot for tree
preservation/common area.
Proposal: The applicant's request is to modify the approved preliminary plat to include a phasing
line, which will allow the development to be final platted in two separate phases. Phase I will
contain Lots 1-3,which are accessed from Bridgeport Drive. The second phase of development will
contain the remaining residential lots, a lot for common open space and a lot for parkland
dedication..
RECOMMENDATION
Finding the proposal meets all requirements of the Fayetteville Unified Development Code, staff
recommends approval of ADM 09-3425,the requested modification to PPL 08-3086 as described
above, with the following conditions:
1. A sewer main shall be extended to serve Lots 1-3, and be inspected and accepted prior to
signing the final plat.
2. A guarantee for street trees and sidewalks along Lots 1-3 shall be provided prior to signing
the final plat. These improvements shall be made at the time of home construction.
3. The applicant shall dedicate 0.83 acres of parkland by warranty deed prior to final plat approval,
or at a minimum,sufficient park land to meet the requirements for three new residential lots. The
K.IReports120091PC Reports120-September 14WDM 09-3425(Creekside Phasing).doc
September 14,2009
Planning Commission
ADM 09-3425 Creekside
Agenda Item 2
Page 1 of 6
legal description for the parkland shall be submitted to the city for review prior to recordation.
4. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance.
5. All other conditions of approval for previously approved preliminary plat shall remain
applicable.
PLANNING COMMISSION ACTION: O Approved O Denied O Tabled
Motion:
Second:
Vote:
Meetine Date: September 9, 2009
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
K.IReportA2009TC Report O-September 14UDM 09-3425(Creekside Phasing).doc
September 14,2009
Planning Commission
ADM 09-3425 Creekside
Agenda Item 2
Page 2 of 6
cH2-o;'
ENGINEEItIN09 INC_
August 26, 2009
City of Fayetteville
Jesse Fulcher
Planning Department
1]3 West Mountain Street
Fayetteville,AR 72701
RE: CREEKSIDE REVISED PLAT-SCOPE,NATURE, & INTENT
Mr. Fulcher,
On behalf of our client, BSS, LLC, we are submitting a revised Creekside Subdivision
Preliminary Plat for approval by the Planning Commission. This project consists of
approximately 10.95 acres, located at the southeast corner of Bridgeport Dr. and Mt Comfort Rd.
This subdivision was previously approved on September 22"d, 2008. The intent of this revised
plat is to simply show a phase line that will allow lots 1 — 3 on the west side of the development
to be accelerated a little quicker than the remainder of the subdivision.
Water service for the development is available adjacent to the property. There is a 12"water line
running through the north side of our property and an 8"waterline on the west side of Bridgeport
Dr. A 24" sewer line runs through the south side or our property which we propose to tie to with
an 8" sanitary sewer line that will serve our lots. Staff has mentioned some existing drainage
problems downstream with erosion in Hamestring Creek. With no major point discharges into
the creek, Creekside will not worsen the existing conditions in the creek. Fayetteville Parks and
Recreation Board voted to take land dedication in the form of a 30' wide trail corridor at the
PARB Meeting on December 3`d, 2007. With the addition of 16 single family residential lots, it
is anticipated that an additional 160 vehicle trips per day will be generated.
Please contact me at 582-4234 if you have any questions or need further information regarding
this project.
Sincerely,
Jeremy Thompson, P.E., LEED AP
Vice President
H2 Engineering, Inc.
2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.4234 Fax:September 14,2009
P47&4;82V9MdIn
ADM 09-3425 Creekside
Agenda Item 2
Page 3 of 6
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Agenda Item 2
Page 5 of 6
September 14,2009
Planning Commission
ADM 09-3425 Creekside
Agenda Item 2
Page 6 of 6
PC Meeting of September 14, 2009
TayeVI
KANSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE,ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate,Development Services Director
DATE: September 9, 2009
ADM 09-3430: (WARD): Submitted by SANDRA AND BRADLEY WARD for property located at 1048 N.
HAMESTRING ROAD. The request is for a waiver from the driveway approach design requirements of
Chapter 172.11(A) of the Unified Development Code.
Planner: Data Sanders
Findings:
Background: The subject property is located just west of the intersection of Wedington Drive and Hamstring
Road,at the edge of the Fayetteville city limits(see attached maps).In 2007,the subject property was annexed
into the City of Fayetteville as part of the October 2006 general election. As is the case with all properties
annexed into the Fayetteville city limits without an associated rezoning request,the property was zoned R-A,
Residential Agricultural upon annexation approval.In 2008,the applicant submitted a building permit request
to construct a single-family house to replace an existing mobile home on the property
Chapter 172.11(A), Streets and Sidewalks, of the Unified Development Code specifies construction
requirements for a driveway approach on any property inside the Fayetteville city limits.With approval of the
building permit associated with the single-family dwelling,the sidewalk administrator has required that the
applicant remove the existing,nonconforming driveway approach and construct a new driveway approach in its
location according to current City specifications.
Proposal: The applicant is requesting a variance from the driveway approach construction requirements of the
Unified Development Code Chapter 172.1 I(A)in order to utilize an existing,nonconforming,asphalt driveway
approach that predates the single-family dwelling on the subject property.
Discussion: Staff finds that the driveway approach specification requirements apply to all properties inside the
city limits and are applied upon building permit request. Finding no extenuating circumstances that would
otherwise cause staff to vary these ordinance requirements for a single-family home in the City,staff does not
find in favor of the variance request.Please note that the letter from the applicant also requests a variance from
the sidewalk construction or fee. Based on the criteria found in Chapter 171, Streets and Sidewalks,this fee
waiver has been granted.
Recommendation: Staff recommends denial of the request.
PLANNING COMMISSION ACTION: yes Required
Approved Denied _Tabled
Date: September 14.2009
K.IREPORTSI2009IPC REPORTSI20SEPTEMBER 1414DM 09-3430(WARD).DOC
September 14,2009
Planning Commission
ADM 09-3430 Ward
Agenda Item 3
Page 1 of 6
To: Dara Sanders, Current Planner
Planning Commission
From: Chuck Rutherford, Sidewalk/ADA Administrator
Date: September 9, 2009
Subject: 1048 Hamstring Road
City of Fayetteville Code of Ordinances Unified Development Code, Chapter 172.11 (A)
(1)requires a driveway approach to be portland cement concrete from the street to the
property line. (2)requires the driveway to be of a solid surface from the property line 18
feet into the property unless no parking is provided between the property line and
structure.
At this address a building permit was issued for a new single family residence. A non
conforming driveway was existing on this lot. At the time the building permit was issued
I had asked-for the driveway to be upgraded to current city standards.
September 14,2009
Planning Commission
ADM 09-3430 Ward
Agenda Item 3
Page 2 of 6
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To: Fayetteville Planning Board �
From: Bradley and Sandra Ward
Date: 8/7/2009
Re: 104DN. Hamstring, Fayetteville,AR72704 �
My husband and I have built a house at 1048 Hamstring Road in Fayetteville, AR. We are requesting �
that vw*beexempt from the Sidewalk and Driveway Requirement. �
When we started to build the house, there was an existing residence there. It was an older mobile
home which has sense been moved from the property. In short, our house is to replace the residence
that was previously on the property and therefore will not increase the foot traffic.With this being said, I
would like k>ask tobeexempt from the$850sidewalk fee orfrom installing anidovva|k {}ncoyou�unn
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onto Hamstring, there are no houses that have sidewalks. The entire road has no sidewalks. I feel that /
the road is not safe enough to install them due to the major dump truck traffic anyway. �
Also, we were asked to have a driveway installed. Again, no one on Hamstring has a concrete
driveway. Everyone on this road uses gravel. There was an asphalt drive installed prior to us building.
The driveway|feel iugood enough for the little{oaffiothat comes inand out nfour property. �
My husband was laid off from his job a week prior to the completion of our new house. Since the house
has been completed, my husband has failed to find a job. I feel that we can not possibly afford either a �
driveway nrthe $G50that they are asking for the sidewalk. Adthis point, weare onotight budget and
are struggling to nooko ends nneoL | feel that installing o driveway and paying the money for the �
sidewalk will be financially impossible for us. I am simply asking that you exempt us from the �
requirements from the Building Office.
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September 14,2009
Planning Commission
ADM oy'34aoWard �
Agenda Item 3
Page 3^/6
ADM09-3430 WARD
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Planning Commission
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Page 5 of 6
September 14,2009
Planning Commission
ADM 09-3430 Ward
Agenda Item 3
Page 6 of 6
Tay�et PC Meeting of September 14, 2009
ARKAN.`.iRS
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: September 9, 2009
CCP 09-3405: Concurrent Plat (ABSHIER HEIGHTS, 407): Submitted by H2
ENGINEERING, INC. for property located at THE NW CORNER OF ABSHIER &
HILLCREST. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DIST. and
contains approximately 4.12 acres. The request is for review of a concurrent plat to create
individual lots for the previously approved 24 dwelling units. Planner: Jesse Fulcher
Findings:
Background: The subject property consists of approximately 4.11 acres located at the northwest
corner of Abshier Drive and Hillcrest Avenue. The Fayetteville City Council approved R-PZD 06-
1883 (Abshier Heights) on April 4, 2006 for zoning and development approval of a residential
development with 24 dwelling in six buildings. Individual lots were not created for any of the
buildings or dwelling units, since the development was proposed for condominium sales. The City
Council approved a modification to the approved zoning criteria to create bulk and area
requirements, so that the condominium units may be developed as townhouses and sold individually.
However, a preliminary and final plat, or concurrent plat in this case, is required to be approved by
the Planning Comission and filed of record to legally create the individual lots.
Request: The applicant requests concurrent plat approval to create individual lots for the previously
approved 24 dwelling units and 2 greenspace areas. The concurrent plat does not materially alter
density, number of dwelling units, greenspace, etc.;rather, it simply would permit the dwellings to be
sold as separate units on separate lots.
Table 1
Surroundin Land Use and Zoning
Direction Land Use 1 Zoning
North Evelyn Hills/Undeveloped C-2, Thoroughfare Commercial
South Vacant RSF-4, Residential Single Family, 4 units/acre
East Mountain Ranch Apartments RSF-4, Residential Single Family, 4 units/acre
West Evelyn Hills C-2, Thoroughfare Commercial
Water and Sewer System: All utility lines, including water and sewer mains have been installed to
serve the development.
K.IReports12009TC Reports120-September 141CCP 09-3405(Abshier Heights).doc
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 1 of 10
Adjacent Master Street Plan Streets: Abshier Drive (Local Street), Hillcrest Avenue (Local Street).
Street Improvements: All street improvements have been installed, with the exception of one speed
table, which is required prior to the final Certificate of Occupancy on the last building.
Tree Preservation: No changes to the existing canopy are proposed.
Public Comment: Staff was contacted by several property owners who had questions regarding the
purpose of the PZD modification and concurrent plat proposals.
Recommendation: Staff recommends approval of CCP 09-3405 with the following conditions of
approval:
Conditions of Approval:
1. Planning Commission recommendation to the City Council of a variance from the land
dedication ratio or contribution formula set forth in §166.03(K).As required with the original
approval of the Planned Zoning District, the applicant was required to pay $9,432.00 for 24
multi family units ($393.00 per unit) in-lieu of park land dedication. The units were
classified as multi family, since they were attached and located on one lot. Approval of the
concurrent plat will create individual lots for each unit, consequently changing the
classification to single-family units (see Parks and Recreation memo attached). This requires
an additional payment of $3,888.00, since single-family units are assessed $555.00, a
difference of$162.00 per unit. (($555.00- $393.00)(24 units) — $3,888.00)
2. The following outstanding items shall be completed prior to staff signing the final plat:
a. Street signs shall be installed at each of the four entrance locations, at the expense of
the owner, since the streets are privately owned and maintained.
b. The owner shall reimburse the City of Fayetteville for the installation of the stop sign
at the intersection of Hillcrest and Oakwood in the amount of $129.31.
C. All parallel parking spaces shall be striped.
d. An agreement with the neighborhood for the dedication and/or improvement of the
parkland area at the northwest corner of Abshier and Hillcrest shall be completed.
3. Although previously approved, the applicant shall coordinate trash service for the north phase
of development with the Solid Waste Department.
4. All other conditions of approval shall remain in force.
Standard Conditions of Approval:
5. Concurrent Plat approval shall be valid for one calendar year.
Planning Commission Action: 13 Denied Cl Approved O Tabled
Motion:
Second:
Vote:
Meeting Date: September 14, 2009
K..-IReports120091PC Reportet20-Septeneber 141CCP 09-3405(Abshier Heights).doc
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 2 of 10
Parksand Recreation Department
113 W.Mountain St.
Fayetteville,AR 72701
Tayel Telephone:(479)444-3472
V
T11 E, CITY OF FAYETTEVI LLE, ARKATNTSAS
September 9, 2009
Mr. Jesse Fulcher, Planner
City of Fayetteville Planning Division
113 West Mountain Street
Fayetteville,AR 72701
RE: Park Land Dedication Fees for Abshier Heights CCP 09-3405
Dear Jesse:
The historical interpretation for parkland dedication fees has been as follows: any residential unit
that exists solely on its own parcel of property, even if physically attached to another dwelling
unit on a separate parcel of property, is considered single-family for the purposes of parkland
dedication. If those units are attached and on the same parcel of property together, they would be
considered multi-family.
For example,Parks staff has always interpreted duplexes as two single-family units if they are
situated on two separate lots sharing a common wall and can be owned separately. If a duplex is
situated on one lot then it has been interpreted as two multi-family units.The same goes for town
homes or condos. If they are on separate lots and can be owned individually,we interpret them
as single-family. If they are on one lot,we interpret them as multi-family.
In the case of Abshier Heights, fees were assessed and paid in the amount of$9,432 for 24 multi-
family homes on September 17,2007. The applicant is now requesting to create individual lots
for the previously approved 24 dwelling units. This results in a change from multi-family to
single-family which results in additional park land dedication fees of$3,888 using the park land
dedication fee structure from 2007 as follows:
24 SF units x $555 per unit=$13,320 minus$9,432 (previously paid) $3,888
Please feet free to contact us if you have further questions,
Regards,
C*aroones,P.E.
on
Park latmet
CCP 09-3405 Letter to Planning Div.09-09-09
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 3 of 10
i
. 113 W.Mountain St.
Fayetteville,AR 72701 a7er
"Telephone:(479)444-3472
AF.K:INSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
TO: Jesse Fulcher, Planner
FROM: Carole Jones, Park Planner
DATE: August 31, 2009
SUBJECT: Parks &Recreation Subdivision Committee Review Comments
Meeting Date: September 3, 2009
Item: CCP 09-3405 (Abshier Heights, 407)
Park District: NE
Zoned: R-PZD
Billing_ Name &Address: David Chance
D &P Chance Properties, LLC
598 Randall Wobbee Lane
Springdale, AR 72703
Current Land Dedication Requirement Money in Lieu
Single Family @ 0.024 acre per unit= acres 24 @ $555 per unit= $13.320*
Multi Family @ 0.017 acre per unit= acres @ $393 per unit= $
COMMENTS:
• PRAB voted to accept money in lieu of land for the park land dedication requirements of
this development on November 7, 2005 due to its proximity to Gregory Park.
■ Fees were assessed and paid in the amount of$9,432 for 24 multi-family homes on
September 17, 2007. The applicant is now requesting to create individual lots for the
previously approved 24 dwelling units. This results in a change from multi-family to
single-family which results in additional park land dedication fees of$3,888 using the
park land dedication fee structure from 2007.
• Fees are due before signing of final plat.
*24 SF units x $555 per unit= $13,320 minus $9,432 (previously paid) _ $3,888
September 14,2009
CCP 09-3405 Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 4 of 10
CH
ENQINEERINQ. INC.
September 2,2009
City of Fayetteville
Planning Commission
113 West Mountain St.
Fayetteville,AR 72701
RE: APPEAL OF PARKS FEES-ABSHIER HEIGHTS
Dear Commissioners:
Please accept this letter as our official request of appeal for recommended incremental Parks Fees
associated with the concurrent plat of Abshier Heights. There is absolutely no change to any
dwelling unit or configuration of the multi-family buildings. We are simply adding individual
property lines to allow for individual home ownership without more challenging financing
practices associated with condo units.
A single-family dwelling unit is defined in Chapter 151 of the UDC as "A detached residential
dwelling unit other than a manufactured home,designed for and occupied by one family only."
A multi-family dwelling unit is defined in Chapter 151 of the UDC as "A residential building
designed for or occupied by three or more families, with the number of families in residence not
exceeding the number of dwelling units provided."
Fayetteville Code of Ordinances - Section 166.03 (K)(g) Park land dedication — Fee-in-lieu
formula: The money in lieu option within the City ordinance only refers to a"single-family unit"
and a"multi-family unit". There is no attempt to define a townhouse unit, condo unit, etc...
It is my understanding that the number of persons that occupy a single-family unit is greater than
the number that typically occupy a multi-family unit, thus the fee is higher for single-family,
since there are more people using the "park system." A townhouse by definition is"two or more
single-family dwelling units constructed in a series of attached units with property lines
separating each unit." The only attribute of a townhouse relative to a single family dwelling is a
lot line. The residential nature of a townhouse is a multi-family unit.
In our PZD zoning ordinance, the only residential uses approved for this property are for
Use Unit 9,two-family dwellings and Use Unit 26,multi-family dwellings. We do NOT have
approval to even construct a single-family unit within this development. Planning officials,
Planning Commission, and City Council have defined this project as multi-family use by virtue of
the PZD ordinance. An increase in fees for this project simply does not reflect the intent of the
City ordinance.
Respectfully,
Kipp Hearne, P.E.
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 5 of 10
7
cH
ENGINEERING, INC.
August 5, 2009
City of Fayetteville
Planning Division
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: ABSHIER HEIGHTS—CONCURRENT PLAT
To Whom It May Concern:
Please accept this letter as our official request for Concurrent Plat approval of Abshier
Heights. This residential development is zoned R-PZD 06-1883, which was recently
amended to allow for the subdivision of individual lots for each individual residential
unit. The intent of this application is to create 24 residential lots and 2 common property
lots.
There is no change to the density, tree preservation, or green space criteria set forth in the
original approval. No additional infrastructure improvements are needed to serve the
new lots.
Respectfully,
Kipp Hearne, P.E.
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 6 of 10
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Agenda Item 4
Page 8 of 10
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4 .
Page 9 of 10
September 14,2009
Planning Commission
CCP 09-3405 Abshier Heights
Agenda Item 4
Page 10 of 10
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ARKANSAS PC Meeting of September 14, 2009
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
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Development Services Director
DATE: September 9, 2009
LSD 09-3402: Large Scale Development (HAPPY HOLLOW SCHOOL, 527): Submitted by
CRAFTON, TULL, SPARKS & ASSOC. for property located at CROSSOVER ROAD, HWY
265, 1/2 MILE N OF HUNTSVILLE ROAD. The property is zoned P-1, INSTITUTIONAL and
contains approximately 32.53 acres. The request is for a 75,226 s.f elementary school.
Planner: Dara Sanders
Findings:
Property: The subject property contains 32.53 acres and is located west of Crossover Road,
approximately 0.5-mile north of Huntsville Road. The site is largely undeveloped with the exception
of an abandoned house and existing barn. There is a north-south trending stream/floodplain that
traverses the property. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Multi-Family Residential Cliffs Apartments) RSF-4
South Undeveloped pasture RSF-4
East —Undeveloped lots,residential, institutional MSC, RSF-4
West Happy Hollow Elementary School; Timber Trails P-1, R-PZD
Subdivision
On June 11, 2009 the Subdivision Committee approved LSP 09-3315 (Happy Hollow School) to
create three legal lots of record, including the subject property and the two lots totaling 9.31 acres
along Crossover Road.
On July 21, 2009, the City Council approved a request to rezone the subject property from RSF-4,
Residential Single Family, 4 dwelling units per acre, to P-1, Institutional, for the anticipated
development of the new Happy Hollow Elementary school.
Proposal. The applicant requests large scale development approval for a 75,226 sq. ft. elementary
school with 110 parking spaces, a practice field, detention pond, and a designated tree preservation
area to replace the existing Happy Hollow Elementary on an adjacent lot to the west of the subject
property, as indicated on the submitted site plan.
September 14,2009
K.lReporfs120WPC Reports120-September 141LSD 09-3402(Happy Hollow Elementary).doc Planning Commission
LSD 09-3402 Happy Hollow School
Agenda Item 5
Page 1 of 28
Water and Sewer: Water and sewer is available to the subject property.
Adjacent Master Street Plan Streets: Crossover Road (Principal Arterial); Peppervine Drive (Local
Street).
Right-of-way to be dedicated: Sufficient right-of-way exists for Crossover Road; however, the
applicant shall dedicate 59 feet of right-of-way for the extension of Peppervine Drive from the west
of the subject property, increasing to approximately 70 feet at its intersection with Crossover Road in
order to provide right-turn and left-turn only lanes onto Crossover Road.
Connectivity: Cross access from the school to Tract B is not proposed. Staff does not recommend
cross access at this time due to traffic and safety control concerns. However, the applicant proposes
three (3) means of connectivity to the site from surrounding developments and neighborhoods:
1) East/west street connectivity from Ray Avenue and Woodsprings to Crossover Road,
2) A southeast/northwest multi-use trail connection at the southern portion of the subject property,
as identified on the Fayetteville Alternative Transportation and Trails Master Plan, and
3) Pedestrian connections from the proposed school to the neighborhoods to the west and the north.
All trail and pedestrian connections located outside of the public right-of-way shall be located within
a public access easement. The applicant shall coordinate the exact location of the multi-use trail
easement with the Trails Coordinator. Additionally, staff recommends a striped crosswalk across
Peppervine Drive east of the proposed two-way driveway to provide a safe pedestrian connection
from the proposed north/south sidewalk to the school(see the attached map indicating the location).
Street Improvements:
Crossover Road — the applicant proposes to improve Crossover Road to include reconstruction of
existing sidewalks on both sides of the street and a northbound center left-turn lane to allow for
vehicle stacking.
Based on the language in the traffic study submitted on behalf of the applicant, a traffic signal may
be warranted in the future (see applicable excerpts from the traffic study included in this staff report).
Specifically, the traffic study recommends that "traffic signal warrants be monitored at the
intersection of Crossover Road and Peppervine Drive as future development continues in the
vicinity".
Staff has requested an estimate from the applicant for a proportional contribution to a future traffic
signal at this location. Correspondence has been submitted in lieu of the requested estimate and is
included in this staff report. In absence of the requested estimate from the applicant, the Engineering
Division has included a recommendation to the Planning Commission for an assessment for future
construction of a traffic signal at Peppervine Drive and Crossover Road, the primary entrance to the
school, based on the information included in the submitted traffic study. Staff recommends that the
Happy Hollow School Large Scale Development be assessed$9.750.00 for the future traffic signal at
the intersection of Crossover Road and Peppervine Drive.
Peppervine Drive —the applicant proposes to construct Peppervine from Crossover Road to connect
to the existing portion of Peppervine Drive to the west of the subject property, as shown on the
September 14,2009
K.Weports120091PC ReportsLO-September 141LSD 09-3402(HappyHolloiv Elementary).doc Planning Commission
LSD 09-3402 Happy Hollow School
Agenda Item 5
Page 2 of 28
submitted plan, to include a 31' wide section with the exception of the transition to the existing
portion of Peppervine Drive and to Crossover Road, where dedicated right-turn and left-turn only
lanes are proposed.
Variances:
Peppervine Drive — The applicant has submitted a variance request from the City's Master Street
Plan requirement to construct a 5' sidewalk on both sides of the street to allow for the construction of
a 5' sidewalk on the south side only due to the tree preservation area located on the north side of
Peppervine Drive. Staff finds in favor of a variance from the Master Street Plan sidewalk
requirement to the west of the proposed pedestrian connection to the north, finding that development
will be prohibited within the tree preservation area; however, staff recommends sidewalk
construction on the north side of Peppervine Drive east of the proposed pedestrian connection to
extend to Crossover Road, finding that the sidewalk is necessary for safe pedestrian access from the
north and the west to the future development on Tracts B and C. Staff has included an exhibit in this
staff report, indicating the location of staffs recommendation for sidewalk construction on the north
side of Peppervine Drive.
Crossover Road — Due to slope and open ditch drainage at the east and west right-of-way lines for
Crossover Road, the applicant requests to reconstruct 5' sidewalks one (1) foot from the back of curb
for the length of the project frontage instead of at the right-of-way line, as required by the Master
Street Plan. While staff finds in favor of a variance from the requirement to place the sidewalk at the
right-of-way line at this location, staff does not find that one (1) foot of greenspace is a sufficient
separation between pedestrian and vehicular traffic on a Principal Arterial with a high traffic speed.
Instead, staff recommends approval of the variance request from the requirement to construct the
sidewalk at the right-of-way line;however, staff recommends that the applicant provide the standard
ten (10) feet of greenspace between the back of curb and the 5' sidewalk, as required by the Master
Street Plan.
Tree Preservation: Existing 55%
Required 25%
Preserved 40%
Mitigation Not required
Recommendation: Staff recommends approval of LSD 09-3402 with the following conditions:
Conditions of Approval:
1. Planning Commission determination of street improvements.
a) Crossover Road—the applicant shall improve Crossover Road to include reconstruction
of 5-foot sidewalks on both sides of the street and a northbound center left-turn lane to
allow for vehicle stacking.
b) Peppervine Drive — the applicant shall construct Peppervine from Crossover Road to
connect to the existing portion of Peppervine Drive to the west of the subject property, as
shown on the submitted plan, to include a 31' wide section with the exception of the
transition to the existing portion of Peppervine Drive and to Crossover Road, where
dedicated right-turn and left-turn only lanes are proposed.
September 14,2009
K.IReportsl20091PCReportsl20-September 14USD 09-3402(Happy Holloiv Elementary).doc Planning Commission
LSD 09-3402 Happy Hollow School
Agenda Item 5
Page 3 of 28
e) Traffic signal assessment — the applicant shall contribute $9.750.00 to the future traffic
signal at the intersection of Crossover Road and Peppervine Drive, as recommended by
the Fayetteville Engineering Division and based on the information included in the
submitted traffic study.
2. Planning Commission determination of variances from the Master Street Plan.
a) Peppervine Drive -staff finds in favor of a variance from the Master Street Plan sidewalk
requirement to the west of the proposed pedestrian connection to the north,finding that
development will be prohibited within the tree preservation area. The applicant shall
construct a S' sidewalk on the south side of Peppervine Drive and on the north side of
Peppervine Drive to the east of the pedestrian connection to the north, as indicated on
the submitted plans.
09/04/09 SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE VARIANCE REQUEST
b) Crossover Road— while staff finds in favor of the variance request from the requirement
to place the sidewalk at the right-of-way line at this location, staff does not find that one
(1)foot of greenspace is a sufficient separation between pedestrian and vehicular traffic
on a Principal Arterial Parkway where traffic speed exceeds 50 miles per hour. Staff
recommends the applicant construct a 5'sidewalk ten (10)feet from the back of curb on
both sides of the street.
3. The applicant shall dedicate 59 feet of right-of-way for the extension of Peppervine Drive
from the west of the subject property,increasing to approximately 70 feet at its intersection
with Crossover Road, as shown on the site plan.
4. Drop-off and pick-up shall occur at the southwest side of the building as depicted in the
illustration submitted by the applicant in order to promote orderly traffic circulation and
prevent vehicle stacking and congestion. Drop-off and pick-up shall not be permitted at the
north side of the building, adjacent to Peppervine Drive due to traffic and pedestrian safety
concerns.
5. The applicant shall provide a southeast/northwest multi-use trail connection at the
southern portion of the subject property, as identified on the Fayetteville Alternative
Transportation and Trails Master Plan and pedestrian connections from the proposed school
to the neighborhoods to the west and the north, as shown on the submitted plan. The
applicant shall coordinate the exact location of the multi-use trail easement with the Trails
Coordinator.
6. All trail and pedestrian connections located outside of the public right-of-way shall be
located within a public access easement.
7. Crosswalks across Peppervine Drive shall be striped to provide safe pedestrian connections
from the north to the school (see the attached map indicating the locations).
8. The applicant shall provide 12' wide concrete access ramps at the north and south sides of
Peppervine Drive at the west right-of-way line of Crossover Road, as well as thermoplastic
continental crosswalk striping across Peppervine Drive between the access ramps.
September 14,2009
K:IReponA20091PC Reports120-September 141LSD 09-3402(HappyHollow Elemenfary).doc Planning Commission
LSD 09-3402 Happy Hollow School
Agenda Item 5
Page 4 of 28