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HomeMy WebLinkAbout2007-10-22 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, October 22, 2007, 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. Public Comment D. Presentation of request — Applicant 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. 2007 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo WeAyifle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, October 22, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the October 8, 2007 Planning Commission meeting. Old Business: 2. ADM 06-2380: Urban Residential Standards: Submitted by Planning Staff to forward an ordinance establishing urban residential design standards to the Ordinance Review Committee. Planner: Karen Minkel New Business: 3. ADM 07-2768: Administrative Item (Sowder Park Land Dedication): Submitted by Glenn and Victoria Sowder requesting dedication of 0.74 acres of park land for Scull Creek Trail with an equivalent park land bank credit for 43 multi -family units for future development in the southwest park quadrant. Planner: Jeremy Pate 4. CUP 07-2753: (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property located at 540 EAST HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE and contains approximately 1.79 acres. The request is for a tandem lot. Planner: Dara Sanders 5. LSP 07-2744: Lot Split (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property located at 540 E. HUNTSVILLE RD The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE and contains approximately 1.79 acres. The request is to divide the subject property into 3 tracts of 1.40, 0.18, and 0.21 acres. Planner: Dara Sanders 6. CUP 07-2749: (MATHIAS, 372): Submitted by H2 ENGINEERING, INC. for property located on BOX AVENUE, NW OF MISSION BLVD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.46 acres. The request is to construct duplexes in the RSF-4 Zoning District. Planner: Jesse Fulcher 7. CUP 07-2752: (MORTON/NORTH ST., 445): Submitted by MORTON ASSET MANAGEMENT for property located at 533 NORTH STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.27 acres. The request is for a detached 2nd dwelling unit. Planner: Jesse Fulcher All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. ia)etteville ARKANSAS PC Meeting of October 22, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission THROUGH: Tim Conklin, Planning and Development Management Director FROM: Karen Minkel, Senior Long Range Planner DATE: October 11, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2380: Administrative Item (Urban Residential Design Standards): Submitted by Planning Staff to forward an ordinance establishing urban residential design standards to the Ordinance Review Committee. Planner: KAREN MINKEL BACKGROUND City Plan 2025 lists developing urban residential design standards as one of the goals in Year 1 for increasing the supply of quality attainable housing. The first version of this ordinance was presented to the Planning Commission on December 11, 2006. Several concerns were expressed by members of the public and the Commission about the legality of the ordinance and its potential to significantly increase infrastructure costs. Staff addressed these issues in a second version that was presented to the Planning Commission on January 22, 2007, which included a comparison of the proposed ordinance with ordinances used in peer cities. The main concern expressed by the Commission at the second meeting was the stipulation that required urban residential buildings to front onto public streets, eliminating a developer's ability to front buildings onto private drives or greenspace. Staff attempted to find a compromise that would satisfy these concerns, but a viable solution was not found. Staff proposed separating building form from the design standards at a Planning Commission agenda session on July 19, 2007. Site planning and building form will be addressed in a traditional neighborhood development ordinance that is scheduled to be addressed in Year 3 of City Plan 2025. The Planning Commission agreed to pursue this option and review a revised urban residential design ordinance that primarily addresses architectural design standards. Planning staff revised the urban residential guidelines, which now include the following major points: 1) Purposes: a. Protect and enhance Fayetteville's appearance; b. Create appealing street scenes; c. Minimize service and parking impacts; and d. Compose attractive residential facades. October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 1 of 8 2) Applicability: The ordinance will apply to: a. two-family dwellings; b. three- family dwellings; and c. multi -family dwellings. 3) Site Development Standards: a. Building Siting: Buildings must front onto public streets unless the building is sited more than 50 feet from the public right-of-way. Underlying zoning setbacks shall supersede the siting requirements. b. Vehicular Access/Circulation Parking: Garages entries and parking lots shall be located behind the front build -to -zone, and on -street parking shall be provided on at least one side of the street, counting toward the total required spaces for the development. Public streets and private drives shall be extended and connected to adjoining properties. (This section will require amendments to parking ratios for multi -family dwelllings in Chapter 172 of the Unified Development Code.) c. Pedestrian Circulation: All ground floor entrances shall have a walkway that connects to the public sidewalk, and projects shall incorporate pedestrian connections to adjacent properties. d. Screening for Services in Urban Residential Developments: Similar to commercial design standards, all utility equipment and trash areas shall be screened appropriately. e. Fencing: Razor, barbed wire and chain link fences are prohibited. The maximum height of a solid fence within the front yard shall be 42 inches, which is consistent with the Downtown Design Overlay District. 4) Architectural Design Standards a. Building, Mass, Form and Design: In developments containing three or more residential structures, a variety of colors and building materials shall be used to differentiate one building from another. b. Ancillary structures shall be similar architecturally to primary buildings. c. All principal facades shall be articulated using two or more options. (e.g. balconies, porches, bays, etc.) d. Architectural embellishments such as awnings, headers, sills, and molding are encouraged. e. Balconies, front porches and projected bays shall meet the requirements outlined in the Downtown Design Standards. Attaining community consensus about what makes an appropriate urban residential project functional and attractive will help mitigate opposition to viable and desirable projects. The proposed urban residential design standards identify key elements that make development consistent with an attractive, pedestrian -friendly urban fabric. October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 2 of 8 RECOMMENDATION: Recommend that the proposed Urban Residential Design Standards at the October 22, 2007 Planning Commission meeting be forwarded to the City Council Ordinance Review Committee. PLANNING COMMISSION ACTION: Required YES Approved Date: October 22, 2007 CITY COUNCIL ACTION: Required YES Approved Date: Denied Denied October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 3 of 8 Sec. 166.22 Urban Residential Design Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality. (2) To create appealing street scenes so that development enhances the image of the City and provides safe, pedestrian -friendly neighborhood environments. (3) To minimize service and parking impacts in order to preserve surrounding property values and scenic resources that contribute to the City's economic development. (4) To compose attractive residential facades that enhance the economic viability of and provide compatibility with surrounding property. (B) Applicability. All references to urban residential shall include the following uses as permitted by right or conditional use in all zoning districts: (1) 2-F, Two-family dwellings (2) 3-F, Three-family dwellings (3) MF, Multi -family dwellings (C) Site Development Standards. The following site development standards shall apply for all urban residential development. (1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetscape. (2) Building Siting. (a) Buildings must front onto public right- of-way and the principal fagade(s) must be built in a build -to zone that is located between a line 10 feet and 25 feet from the public right-of-way, unless the building is sited more than 50 feet from the public right-of-way. (b) The underlying zoning district setbacks shall supersede the siting requirements for urban residential development. (3) Vehicular Access / Circulation / Parking. (a) Site access and internal circulation should promote pedestrian safety, efficiency, and convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation shall be provided throughout the site to the greatest extent possible creating a complete, compact, and connected transportation network both within the development and to the surrounding neighborhood. (i) Garage entries, carports, parking lots and parking structures shall be located behind the front build -to zone and shall not protrude forward from the remainder of the principal facade. (ii) Parking areas shall be accessed by mid -block alleys whenever possible. (iii) On -street parallel parking shall be provided on at least one side of the street in front of all multi -family buildings where feasible. Each on - street parking space provided along the project frontage shall count toward the total required spaces for the development. (iv) Public streets and private drives shall be extended to property lines and connected to adjoining properties where streets exist and can be extended in the future to provide for vehicular and pedestrian connectivity. (4) Pedestrian Circulation. (5) (a) All ground floor entrances shall have a walkway that connects to the public sidewalk where sidewalks exist. (b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and commercial properties where sidewalks and/or trails exist and can be extended in the future. Screening far Services in Urban Residential Developments. October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 4 of 8 (a) Mechanical and utility equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building. Mechanical and utility equipment over 30 inches in height shall meet building setbacks, unless located in a utility easement. (b) Trash areas. Trash enclosures shall be screened with materials that are compatible with and complementary to the principal structure. Access should not be visible from the public right-of- way. (c) Screening shall mean a view obscuring fence, berm, vegetation, architectural treatment consistent with the residential architecture, or a combination of the four of sufficient height to prevent the view of the screened items from the public right-of-way. Vegetation shall be planted at a density sufficient to become view obscuring within two years from the date of planting. (6) Fencing. The following types, height, and location of fences shall be prohibited: (a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited, unless and except barbed wire fences are used for agricultural purposes. (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building. (c) Height of fences in front of buildings. Fences in the front yard area shall have a maximum height of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17. (D) Architectural Design Standards. (1) Intent The intent of these building design standards is: (a) To ensure that urban residential buildings add to the character and quality of the community, offer a sense of security, and make a positive contribution to the life of the street. (b) To maximize the quality, value and longevity of urban residential neighborhoods. (c) To make housing appealing and comfortable for its inhabitants. (2) Construction and appearance design standards for urban residential development. (a) Building Mass, Form, and Design. (i) In urban residential developments containing three (3) or more residential structures a variety of colors and building materials shall be used to differentiate one building from another. Only three of the same building type in one development shall be permitted. (ii) Ancillary structures such as carports, garages, recreational buildings and storage structures shall be designed as an integral part of the project architecture. (iii) The following architectural elements shall be required of all principal facades on urban residential projects: a. Variations in materials; b. Variations in roof forms; c. A functional, architecturally emphasized entry. (iv) The principal facade(s) of all urban residential buildings shall be articulated through the incorporation of two or more of the following: a. Balconies; b. Bays or bay windows; October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 5 of 8 c. Insets or other relief in the wall place; d. Porches; e. Dormers; f. Porticoes; Turrets; or g h. Consistent and complementary fenestration patterns. (v) Awnings, molding, pilasters and comparable architectural embellishments are encouraged. Awning (3) Balconies, porches and bay windows shall comply with the following regulations: (a) Balconies. (1) Definition. An open habitable portion of an upper floor extending beyond a building's exterior wall that is not supported from below by vertical columns or piers but is instead supported by either a cantilever or brackets. Standard. a. Depth. Balconies above the second floor shall have a maximum projection of 4 ft. from the principal facade. b. Height. 10 ft. minimum clear to the underside of the horizontal floor. Supports or appendages may not extend below 7 ft. clear. c. Length. 80% maximum of principal building facade for the second floor. 40% maximum for all balconies above the second floor. d. Roofs. Balconies may have roofs, but are required to be open, non -heated parts of the building. (iii) Placement. Balconies shall not interfere with street trees, street lights, street signs or other such civic infrastructure. Balconies Front Porches. Definition. A covered area adjoining an entrance to a building. (ii) Standard. a. Depth. 6 ft. minimum from the principal facade to the inside of the column face. b. Length. 25 to 100% of the principal facade. Front porches may be multi -story and are required to be non -air conditioned. Porches Oc ober 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 6 of 8 (c) Projected Bay. (1) Definition. A window or series of windows forming a bay in a room and projecting outward from the wall. i) Standard. Bays shall consist of habitable space. Supports and appendages shall not extend below 7 ft. clear. a. Depth. 4 ft. maximum from the principal facade. b. Height. 10 ft. minimum clear to the underside of the horizontal floor. c. Length. 20% minimum of the principal facade length. v) Placement. Projected Bays shall not interfere with street trees, street lights, street signs or other such civic infrastructure. Secs. 166.23.--166.99. Reserved October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 7 of 8 October 22, 2007 Planning Commission ADM 06-2380 Urban Residential Design Standards Agenda Item 2 Page 8 of 8 ARKANSAS T. CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Matt Mihalevich, Trails Coordinator THRU: Jeremy Pate, Director of Current Planning DATE: October 2, 2007 PC Meeting of October 22, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2768: (Sowder Park Land Dedication): Submitted by Glenn and Victoria Sowder requesting dedication of 0.74 acres of park land for Scull Creek Trail with an equivalent park land bank credit for 43 multi -family units for future development in the southwest park quadrant. Property Owner: Glenn and Victoria Sowder Trails Coordinator: Matt Mihalevich BACKGROUND Project Description: The subject property contains approximately 2.62 acres, located along the eastern edge of the Arkansas -Missouri Railroad from Gregg Street south to Prospect Street. Background: The City of Fayetteville Trails Coordinator contacted the Sowders several months ago to discuss the need for a portion of their land for the construction of Scull Creek Trail. After a series of meetings and discussions, the Sowders have agreed to dedicate the 0.74 acres needed for the construction of Scull Creek Trail to the City of Fayetteville. In exchange for the land dedication, the owners would like to bank the park land dedication credit for a future multi -family development in the southwest park quadrant. For a multi -family development the park land dedication formula is .017 acres/unit. With a dedication of 0.74 acres the total banked credit will accommodate 43 multi- family units. The timing of this development project is estimated to be 5 to 10 years in the future so the Sowders have also asked to be locked in to the current park land dedication rate of .017 units/acre. Proposal: The applicant proposes a dedication of 0.74 acres to the City of Fayetteville for the construction of Scull Creek Trail with a park land credit in the amount of 0.74 acres to be banked for future development within the southwest quadrant. In accordance with Ch. 166.03 (K)(1)(h) Park land dedication, Dedication in Excess, a developer that wishes to dedicate park land in excess of the development requirement "shall submit a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant." On October 1st 2007, the Parks and Recreation Advisory Committee reviewed and recommended this park land dedication request, finding it suitable for park purposes. The minutes from that meeting are attached. October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 1 of 10 DISCUSSION The dedication of this property to the City of Fayetteville is essential for the completion of Scull Creek Trail in order to make the connection to Wilson Park and south to Dickson Street. Once complete, Scull Creek Trail will connect Mud Creek Trail near the mall south 4.5 miles to meet Frisco Trail near Dickson Street. This trail is currently the highest priority trail for the City of Fayetteville because of the strong north -south connectivity to adjacent neighborhoods, schools, parks and businesses. Currently 1.7 miles of Scull Creek Trail is complete with construction on-going until the entire trail is finished. Property aquisition from only 9 properties (including this one) remain to make the complete connection from Mud Creek Trail to Frisco Trail. A small part of the proposed land dedication encompases Frisco Street. This street has been improved from gravel to pavement over the years and is not centered within City right-of-way. With this dedication, the Parks staff and Parks and Recreation Advisory Board has recommended a 30' wide public access easement be created for Frisco Street and that the Transportation Divison assumes all maintanance of the road. In addition to accomodating Scull Creek Trail, this land dedication will also place part of Frisco Street on public property. Approval of this land dedication does not guarantee development approval for the future development. RECOMMENDATION Staff recommends approval of the dedication of 0.74 acres of park land for the construction of Scull Creek Trail and acceptance of a park land bank for 43 multi -use units to be used for future development within the southwest quadrant. Planning Commission Action: Motion: Second: Vote: Meeting Date: October 22, 2007 Comments: O Approved O Tabled El Denied October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 2 of 10 To: The Parks and Recreation Advisory Board Thru: Matt Mihalevich, Trails Coordinator From: Glenn and Victoria Sowder Date: September 19, 2007 Subject: Park Land Dedication for Scull Creek Trail Dear Parks Board Members, Please accept this letter as our official request to dedicate approximately 0.74 acres of land to the City of Fayetteville Parks Department and to create a park land bank to remain with Glenn and Victoria Sowder or an associated entity to be used for future development within the southwest park quadrant. We plan to build in the future as many as 60 multi- family units along the remaining acreage of 765-14007-005, to the north along Frisco Street and on other lots near the intersection of North and Gregg Streets. Although it will be several years before we bring the development project forward, it is our understanding that once dedicated, this particular dedication will be banked and locked into the current park land dedication rate of .017 acres/unit. It is also our understanding that this park land dedication rate of .017 acres/unit can be conveyed if we choose to sell to a non- associated entity the remaining acreage of 765-14007-005 and/or nearby lots near the intersection of North and Gregg Streets. In order to expedite the construction of Scull Creek Trail, we would like to proceed with this dedication prior to any development of the multi -use housing (which, as stated earlier in this letter, we do not plan to bring forward to several years). This dedication will also accommodate part of Frisco Street which is currently located on our property. As part of the proposed development project, the northem part of Frisco Street should be relocated to the east about 30 feet so it is within the existing street right of way. Thank you for your consideration of this dedication. Park Land Dedication Numbers: 0.74 acres dedicated divided by .017 acres/unit = 43 multi -family units to be banked Victoria Sowder October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 3 of 10 30' PUBLIC ACCESS EASEMENT MAINTAINED BY TRANSPORTATION DIV. --gra.Waireji Y F2 PRO klt gc BLOCK RETAINING WALLMk WITH FENCE ABOVE rtti PROPOSED PARK LAND DEDICATION 32,413 SF 0.74 AC NEW SIDEWALK CONNECTION TO WILSON PARK TRAIL •"? Scull Creek Trail Octo 07 CT fl AD11.4-67-276niowder Patk Land Paging aSt ii 00 nn Agenda Item 3 Page 4 of 10 FAYETTEVILLE PARKS AND RECREATION ADVISORY BOARD Meeting Minutes October 1, 2007 Opening: The regular meeting of the Parks and Recreation Advisory Board was called to order by Vice Chairman Jay Davidson at 5:37 P.M. on October 1, 2007 in Room 326 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Present: Parks and Recreation Advisory Board members Davidson, Biendara, Hatfield, Burke, and Bitter were present, with Davis arriving later. Colwell and Mauritson were absent. Park Staff Edmonston, Jumper, Jones, Wright, Coles, Thomas, Trail Coordinator Mihalevich and audience were in attendance. 1. Approval of September 10th, 2007 PRAB Meeting Minutes PRAB Motion: Bitter asked that the minutes be amended to show that he was not present for the August minutes approval, so the vote should have been 7-0-0. Bitter said he arrived at the meeting after the vote. Bitter then motioned to accept the amended minutes, and Davidson seconded the motion. Motion passed by voice vote 5-0-0. 2. Park Land Dedication Development Name: Engineer: Owner: Location: Park District: Units: Total Acres: Land Dedication Requirement: Money in Lieu Requirement Existing Parks: Developer's Request: Staff Recommendation: Carole Jones, Park Planner Sowder Land Dedication for Scull Creek Trail N/A Glenn and Victoria Sowder North of Wilson Park., east of Frisco Street SW N/A Unknown at this time Unknown at this time N/A Wilson Park Dedication of 0.74 acres to create a park land bank Several negotiations were made on this project between the owner and city staff before an agreement was reached on the proposed land dedication. It is imperative that the city obtain this land for Scull Creek October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 5 of 10 Developer's Comments: Justification: Trail. Staff recommendation is approval as submitted. Developer is requesting to dedicate approximately 0.74 acres of land to the City of Fayetteville Parks Division and create a park land bank to remain with Glenn and Victoria Sowder or an associated LLC to be used for future development within the southwest park quadrant. In the future they plan to build approximately 60 multi -family units along the remaining acreage to the north along Frisco Street and near the intersection of North and Gregg Streets. They are also requesting that their future development be locked into the current park land dedication rate of 0.017 acres/unit with this dedication. In order to expedite the construction of Scull Creek Trail they would like to proceed with the dedication prior to the development of the multi -family housing. This dedication will also accommodate Frisco Street which is currently located on their property. As part of the proposed development project the northern part of Frisco Street should be relocated to the east about 30 feet so it is within the existing street right of way. Burke wanted to know what we were going to do with the north part of the property. Mihalevich said it offers options for future use for a trail and parking lot. Davidson asked where the property line was located. Jones replied that the property was to the north and on North and Gregg. Sowder owns the entire main strip, and wants to develop the north part of the property. Hatfield asked why the park land overlaps the street right of way. Jones said that there were many meetings in which that subject was discussed. The floodway line is the cut off point. Sowder wants to bank it for forty two or forty three family units. Bitler asked if this was a take it or leave it proposition. October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 6 of 10 Sowder said at some point it will be take it or leave it. He said for nine years he has been paying taxes on the roadway. He attended all twelve of those neighborhood meetings. He said this was not the first time his family had been involved with the City in this area. In the 1920's, his grandfather took up a collection in the neighborhood and build the first bridge over Skull Creek next to Wilson Park. Hitler wanted to know if the Gregg St. expansion was going to affect this request. Jones said she wasn't sure, but she thought the expansion had been dropped. Bitter said he thought there was a sign on Gregg St. that said it was part of a bond for expansion. Sowder replied that it had been dropped. He said he had a contract on Maple St. and lost the contract and $300,000 because the mayor won't put the street down the east side of the railroad tracks. Sowder then asked if there were any more questions. Hatfield wanted to know if it's the City's request that they maintain the right of way on Gregg. Sowder said that he owns that street now, and he hasn't started charging tolls on it yet. He said he supposed the City could do anything that it wants. Jones said that the City would propose to make it a thirty foot public access easement in which the street and drainage would be maintained by the Transportation division. Hitler asked if it would be deeded as park land. Edmonston said she asked the City Attorney if the City could take in a public street as a private park donation. She was told yes. Hatfield asked if anyone had talked to the City Engineer about allowing public parking lots in this area because of the floodland. Mihalevich said there would hopefully be no long term parking, but possibly a trail head once Wilson Park's parking lots become full. Edmonston said the bottom line is that the City needs this land for the Skull Creek Trail. Hitler said his concern is that we don't know what's going to happen with the Gregg St. expansion project. What would happen if the highway decided to come through the trail? Mihalevich said that the City is coming through first with the trail. Davis then asked if the trail would follow the tracks. October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 7 of 10 Mihalevich said it would to be to the south. Davis wanted to know when the family units would be built. Sowder said it could be up to ten years away. Davis queried if Sowder would have to pay additional fees down the road. Sowder replied that it was his understanding that he wouldn't have to. Edmonston said the property would be banked at the existing rate. It can be sold to another developer using the Park Land Dedication land. Davidson asked if the land was subdivided, could it still be banked. Edmonston said yes. Bitler asked why the trail was coming down the east side and then the west side. Why not bring the trail down to Lafayette? Mihalevich said they wanted to make the connection with Wilson Park. On the west side is a creek and a really big ravine. Edmonston said she wanted the board to make a requirement that the drainage also be maintained by Transportation. PRAB Motion: Two motions were made. Davis motioned to accept as approved. Bitler seconded it. Bitler then amended the motion to ask that Transportation maintain the drainage. Davis seconded it. Both motions passed 5-1-0 by voice vote, with Hatfield voting no. October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 8 of 10 tdik 30' PUBLIC ACCESS EASEMENT MAINTAINED BY TRANSPORTATION DIV. PRIS63 AR;PR LOCK RETAINING WALL WITH FENCE ABOVE PROPOSED PARK LAND DEDICATION ffGI', 32,413 SF 0.74 AC <z WEW SID AL CONNECTION TO k; WILSON PARK TRAIL; vGy PROPOSED TRAIL CROSSING NDER THE RAILROAD TRESTLE Wee Scull Creek Trail octo.[ 2007 Planning ___ -sion ADr07-270 eowderpail(Lan: @' ation Age .. Item 3 Page 9 of 10 October 22, 2007 Planning Commission ADM 07-2768 Sowder Park Land Dedication Agenda Item 3 Page 10 of 10 PC Meeting of October 22, 2007 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 28, 2007 CUP 07-2753: (BRISIEL, 524): Submitted by LEGACY VENTURES, LLC for property located at 540 EAST HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY - 8 UNITS/ACRE and contains approximately 1.79 acres. The request is for a tandem lot. Planner: Dara Sanders Background: On October 1, 2007 the Board of Adjustment approved a variance to allow for a 15' side setback (a 5' variance) for two existing accessory structures on the subject property (BOA 07- 2737). This variance was necessary to bring the accessory structures into compliance with the tandem lot development setback requirement of 20' from all property lines, should the lot split and conditional use requests be approved by the Planning Commission. On October 11, 2007 the Subdivision Committee forwarded the applicant's request for two lot splits (LSP 07-2744) on the subject property to the full Planning Commission for review in conjunction with this conditional use request. Property description: The subject property contains approximately 1.79 acres and is zoned RSF-8. It is located on Huntsville Road between Wood Avenue and Mashburn Avenue, north of Sixth Street. The lot is approximately 640 feet deep and 136 feet wide, creating a long piece of property with limited development options. A majority of the property is within the Hillside/Hilltop overlay district (HHOD), and the topography of the property becomes steep to the north. The property fronts only on Huntsville Road, and there is an existing single-family residence with two accessory structures located on the rear portion of the property approximately 200 feet from Huntsville Road.. Currently, the subject property is access from a driveway shared with the property to the west. This adjacent property has an additional driveway at its west side property line as shown on the attached aerial photo. SURROUNDING LAND USE AND ZONING K:IREPORTSI20071PC REPORTSI10-22-07ICUP 07-2753 (BRJSLEL).DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 1 of 16 Land Use Zoning North, East, West Single-family RSF-8, Residential Single -Family, 8 units/acre South Commercial C-2, Thoroughfare Commercial K:IREPORTSI20071PC REPORTSI10-22-07ICUP 07-2753 (BRJSLEL).DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 1 of 16 Request: The applicant proposes two lot splits to create two 55' wide lots (0.18 and 0.21 acres respectively) adjacent to Huntsville Road and leave the existing single-family residence at the rear of the property with approximately 27' of frontage on Huntsville Road in a 1.40 -acre tandem lot. The request is for a conditional use approval to allow for a tandem lot development in the RSF-8 zoning district. Public Comment: Staff has received public comment both objecting to and supporting this request in conjunction with the lot split request. A letter of objection is attached. RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. Development on the proposed tandem lot shall be limited to one single-family home and permitted accessory structure(s). 2. All tandem lot setbacks shall be 20' from each property line with the exception of the west side setback, which shall be 15' as approved by the Board of Adjustments. 3. The tandem lot owner shall continue to access the existing driveway for the single- family residence and shall pave the drive at a minimum of 25' from Huntsville Road. Only one new curb cut shall be allowed on Huntsville Road, centered on the shared lot line between Tracts B and C in an access easement. 4. A residential cart for solid waste pickup shall be wheeled to an appropriate location on collection day only and shall comply with solid waste collection requirements for curb side pickup for single-family residences. 5. Staff recommends a shared access easement at the existing driveway to serve as access for Tracts A,13, and C, creating access at the rear of Tracts A and B in order to reduce the number of curb cuts on E. Huntsville Road. Should the adjacent property owner refuse to sign a shared access easement, the existing drive shall remain for Tract A as a pre-existing condition and one curb cut shall be allowed for Tracts B and C. PLANNING COMMISSION ACTION: Required YES 9 Approved Motion: Second: Vote: Date: October 22, 2007 KIREPORTS120071PC REPORT51/0-22-071CUP 07-2753 (RRISIELJDOC ❑ Denied ❑ Tabled October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 2 of 16 Comments: The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: GENERAL PLAN DESIGNATION 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted, and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting conditional use approval for a tandem lot. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before K: I REPORTS12007IPC REPORTSII0-22-071 CUP 07-2753 (BRISIEL). DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 3 of 16 a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under Chapter 163.13 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use will not adversely affect the public interest. The subject property consists of a large 1.79 -acres tract of land. The proposed 0.18 -acre, 0.21 -acre, and 1.4 -acre tracts are equal to or larger than the surrounding properties. Lots such as this have already been created in this neighborhood; therefore, the proposal would be in keeping with the character of the area. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: Ingress and egress to the property is provided with an existing driveway. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: N/A (c.) Refuse and service areas, with particular reference to K.- REPORTS120071PC REPORTS110-22-071CIP 07-2753 (BRISIELJ.DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 4 of 16 ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. Staff recommends the use of a residential cart for the tandem lot that may be wheeled to an appropriate location on collection day only and comply with solid waste collection for the surrounding properties. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Appropriate public utilities shall be extended to serve the proposed development. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Residential uses are not required to be screened. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: No signage is being proposed. (g.) Required yards and other open space; and Finding: The proposed development shall meet all setbacks for single family units on tandem lots with the exception of the west side setback for Tract A that was approved by the Board of Adjustment as a 15 -foot setback instead of the required 20 -foot setbacks for a tandem lot. (h.) General compatibility with adjacent properties and other property in the district. Finding: The single family home on Tract A is existing and compatible with the surrounding single family neighborhood. Tracts B and C would allow for new single-family dwellings compatible with the size and layout of other residents in the neighborhood. KIREPORTS120071PC REPORTSV 0-22-071CUP 07-2753 (BRISIEL).DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 5 of 16 CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE CHAPTER 163: USE CONDITIONS 163.13 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for single-family dwellings only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. Finding: The proposed lots are not located behind another tandem lot. The existing dwelling on the proposed tandem lot (Tract A) is a single-family dwelling. (B) Requirements. Before any conditional use for tandem lot development shall be granted, the Planning Commission shall determine that: (1) Tandem lot development will not significantly reduce property values in the neighborhood. In determining whether property values will be significantly reduced, the Planning Commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots. Finding: Staff finds that granting the requested conditional use will not adversely affect the public interest. The subject property consists of a large 1.79 -acres tract of land. The proposed 0.18 -acre, 0.21 -acre, and 1.4 -acre tracts are equal to or Larger than the surrounding properties. Lots such as this have already been created in this neighborhood; therefore, the proposal would be in keeping with the character of the area. The single-family residences and lots on Mashburn Avenue and Blair Avenue, adjacent to the east, are generally between 50'-60' wide, similar to those proposed. (2) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. Finding: The terrain of the property is steep, with a majority of the area within the HHOD and heavily wooded. The existing house, driveway, and accessory structures cover a majority of the width of the lot. These factors combined with minimal street frontage prevent the feasibility of a through street and development. (3) The tandem lot will have access to a public street by way of a private drive with a minimum width of 25 feet of equal and uniform width. Finding: The existing residence on the proposed tandem lot (Tract A) is accessed off of a shared curb cut with the adjacent property owner to the west. This drive will K: REPORT512007(PC REPORTSI10-22-071CUP 07-2753 (BRISIEL).DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 6 of 16 continue to be utilized to access this residence and will be required to be paved at a minimum distance of 25 feet from Huntsville Road. (4) The safety zone between the private drive of a tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts in the standards for street design of Development, Chapter 166, for streets having a use designation higher than collector, the standards for collector streets shall apply. Finding: Staff initially recommended to the applicant that the two new lots (Tracts B and C) be accessed off of the existing driveway for the single-family residence (Tract A) with rear access to the new lots, and the existing drive placed in an access easement. However, the adjacent property owner to the west that also has a right to this curb cut has refused to allow the two new lots in an access easement; therefore, staff recommends that only one additional curb cut be allowed for the two new lots, centered on the lot line between Tracts B and C. (5) The tandem lot, excluding the 25 -foot private drive, will conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portion of the lot having less than the required minimum width. No structure shall be placed on any portion of a tandem lot having less than the required minimum width. Finding: The property on which the conditional use is requested exceeds the minimum lot area (5,000 square feet) and overall width (50 feet) of the RSF-8 district requirements. (C) Setback. Each tandem lot shall have a minimum building setback requirement of 20 feet from all property lines and 25 feet from all street right-of-way lines. Finding: The existing single-family house meets the minimum setback requirement; however, two existing accessory structures on the west side of the property are located in the required 20' side setback. On October 1, 2007, the Board of Adjustments granted a side setback variance of 5' to bring these existing structures into compliance. D) Vehicle/private drive. No vehicles shall be parked at any time on that portion of a tandem lot utilized as a private drive or on the vehicular turnaround required by subsection (E) below. The dwelling structure on a tandem lot shall not be located more than 200 feet from the end of the private drive nearest the structure. K:IREPORTSI20071PC REPORTSII0-22-07ICUP 07-2753 (BRISIELJDOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 7 of 16 Finding: Parking shall be provided in conjunction with the development of single family dwelling units. The end of the private drives shall not be more than 200' from the structure. (E) Certificate of occupancy. Before a certificate of occupancy is issued for a dwelling located on a tandem lot, the property owner shall: (1) Construct a 30 -foot by 40 -foot hard surface vehicular turnaround equivalent to SB -2 base or better at the end of the private drive and shall execute a written agreement granting the city permission to enter upon the private drive and turn around with sanitation vehicles; or (2) Shall construct a masonry garbage can holder, with screening, for each garbage can to be used, which garbage can holder shall be constructed alongside the street onto which the private drive leads. Finding: It is appropriate for a residential cart to be wheeled to an appropriate location on the prescribed day for solid waste collection as is customary in residential subdivisions and as currently utilized for the single-family dwelling on the property. Staff, therefore, finds the above requirement for construction of a masonry garbage can holder inappropriate for this conditional use request. K REPORTS120071PC REPORTS170-22-071CUP 07-2753 (BRISIEL).DOC October 22, 2007 Planning Commission CUP 07-2753 Brisiel Agenda Item 4 Page 8 of 16