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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 ADM09-3425 C RE E KSI D E Close Up View •Y ��� , , � ,., ��,`��.t� � TONEY BEND DR l ir Y!, C , s ,,SILVERM a ssF-z L) ® SUBJECT PROPERTY MOSSY ROCK.DR 999 a:e ` A L: MI' t,�,.sr�t `"1i e�. ak"c�e »4 F irkp: rf S P r, Y,.q—'F - ; - f B � , IN �+` c ,j ;� 9 i » , ,` „ , A ,�` •err', �., � �a� ��' P•' Overview 0 75 150 300 450 600 September 14,2009 Feet Planning Commission ADM 09-3425 Creekside gena item Page 4 of 6 ADM09-3425 CREEKSIDE One Mile View RS Ck R 'k SUBJECT PROP SF-1 DFM RSF-1 z RSF-1 N, W �RxSF4 "E, Overview Legend Subject Property AOM09-3425 Boundary 0 0.25 0.5 1 September 14,2009 1 Miles Planning Commission 15 Creeksi a 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 --'~-~'^--------�- �^^`^^^~^ ``=~=^`=�'�'`,`-``=`'`-^'^''"``'^~`'~`~^^-~^�^° ^,°=.`^`^,`.`.�� '.��'``�:�'^��v�.�,�u^�,:"�;x 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 � � 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. | | � ' ' 1 September 14,2009 Planning Commission ADM oy'34aoWard � Agenda Item 3 Page 3^/6 ADM09-3430 WARD Close Up View ® yst yaP�`c r Aq SUBJECT PROPERTY '. ^ Yy �•� +A¢'F' � v i� P +22 .N t*�5 Y* ,.y r '���' � t i- z. 3 q, X Wt 3 f Overview 0 150 300 600 900 1,200 September 14,2009 Feet Planning Commission ADM 09-3430 Ward Page 4 of 6 ADM09-3430 WARD Close Up View ® SUBJECT PROPERTY g:A o u f d t ' nye 1 Overview o iso iso 600 soo 7.200 September 14,2009 '.. Planning Commission Feet ADM 09-3430 Ward Age do ke 8 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 CCP09-3405 ABSHIER HEIGHTS Close Up View \ xVA xA v.x\\lex xS 1�vxA� Alx� a �'X v +� x%A 3 r > S zi" i �11�•"O � tin ,}.x� � v v V '��s 1�di��'�+� �. x ;✓ �� ��. ° S v5b. '"W;�J^'s",z. x�.'����"'��M,n `�s\�Y�'�'..,�?�°'r� 's�'k�'',, 2 \ a e eq Q5 OA { rt� Overview 0 125 250 500 750 1,000 September 14,2009 MMMMMWI Feet Planning Commission CCP 09-3405 Abshier Heights Page 7 of 10 CCP09-3405 ABSHIER HEIGHTS One Mile View SUBJECT PROPERTY sa Overview Legend Subject Property a CCP09-3405 FIT I Boundary 0 0.25 0.5 1 September 14,2009 Pvlles Planning Commission I Ahsh Pr HP.g is 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 Zz mnffrTi pa 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