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Home My WebLink About2007-12-10 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, December 10, 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. 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 It' 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 1• a e rre 1'�TARKANSAS e TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, December 10, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the November 26, 2007 Planning Commission meeting. 2. LSD 07-2728: Large Scale Development (WASHINGTON COUNTY FARM BUREAU, 400): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at THE NW CORNER OF MEADOWLANDS DRIVE AND WEDINGTON DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 5.13 acres. The request is for a 9,545.44 s.f. office building with associated parking. Planner: Dara Sanders Old Business: 3. CUP 07-2783/2784/2785/2786/2787/2788: Conditional Use Permits (RUSSELL, 402): Submitted by RYAN RUSSELL for property located at WEST END AVENUE AND VALLEY DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and each parcel contains approximately 0.31 acres. The request is to convert the existing single-family structures into two-family structures. Planner: Jesse Fulcher New Business: 4. CUP 07-2810: Conditional Use Permit (ENGLAND, 610): Submitted by SHERRIE ENGLAND for property located at 5393 E. HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.08 acres. The request is for a child care facility. Planner: Andrew Garner 5. CUP 07-2827: Conditional Use Permit (19TH STREET RV PARK, 601): Submitted by APPIAN CENTER FOR DESIGN for property located at 19TH STREET, E OF S. SCHOOL AVENUE. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTIAL and contains approximately 23.97 acres. The request is for an RV park with 148 parking spaces, pool, club house, bathrooms, offices, and gazebo. Planner: Andrew Gamer 6. ADM 07-2833: Administrative Item (WHITE HANGAR LOCAL ORDINANCE DISTRICT): Submitted by Planning Staff. The request is to approve the proposed local ordinance district and send it to the Historic District Commission for a formal public hearing. Planner: Karen Minkel 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. or further information or to request an interpreter, please call 575-8330. THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of December 10, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: December 3, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 07-2728: Large Scale Development (WASHINGTON COUNTY FARM BUREAU, 400): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at THE NW CORNER OF MEADOWLANDS DRIVE AND WEDINGTON DRIVE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 5.13 acres. The request is for a 9,545.44 s.f. office building with associated parking. Planner: Dara Sanders Findings: Property: The subject property is located west of Rupple Road, and is undeveloped. Currently, Washington County Farm Bureau occupies a building on Wedington Drive further east near I-540. This large scale development will serve as the new Washington County Farm Bureau location. On November 29, 2007, the Subdivision Committee forwarded with a recommendation of approval the request to the full Planning Commission with a vote of 2-0-1. The request was eligible for approval at the Subdivision Committee, though with the abstention of one member the Committee found it necessary to forward the item to the Planning Commission. Proposal: The applicant proposes to construct a one-story office building containing a total 9,545.44 square feet with 32 parking spaces, which meets city codes for parking ratios. Surrounding Land Use/Zoning: Direction from Site Land Use Zoning North Residential RT -12 South Undeveloped R -A, R -O East Undeveloped R -O West Commercial R -A Adjacent Master Street Plan Streets: Wedington Drive (Principal Arterial) and North Meadowlands Drive (Local Street). Right-of-way Dedication: Right-of-way shall be dedicated 48.5' from centerline for Wedington Drive and 25' from centerline on North Meadowlands Drive. K: IReports120071PC Reports112-10-07ILSD 07-2728 (Farm Bureaujdoc December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 1 of 10 Street Improvements: Street improvements to North Meadowlands Drive were completed with the construction of the adjacent residential development to the north. The applicant shall remove the existing sidewalk along Wedington Drive and construct a 5' sidewalk at the Master Street Plan right- of-way (48.5' from centerline). Water/Sewer: Water and sewer services are available to the site. Tree Preservation: Existing Canopy: 0.0% Preserved Canopy: 0.0% Required Canopy: 0.0% Mitigation: Not required Access/Connectivity: Access is proposed from North Meadowlands Drive with a total of 2 curb cuts. Staff is supportive of these access points as proposed. Recommendation: Staff recommends approval LSD 07-2728 with the following conditions: Conditions of Approval: 1. Planning Commission determination of compliance with Commercial Design Standards. Staff recommends approval of the proposed elevations, finding that the elevations submitted meet the criteria set forth for commercial design standards. 11-29-07 Subdivision Committee found in favor of the proposed elevations. 2. Planning Commission determination of street improvements. Staff recommends that the existing sidewalk along Wedington Drive be removed and a 5' sidewalk be constructed at the Master Street Plan right-of-way (48.5' from centerline). 11-29-07 Subdivision Committee found in favor of the proposed street improvements 3. Street lights are required at every intersection and with maximum separation of one per 300' on all surrounding streets and shall be installed prior to issuance of a Certificate of Occupancy. 4. The applicant shall dedicate right-of-way in the amount of 48.5' from centerline for Wedington Drive and 25' from centerline for North Meadowlands Drive, if it does not currently exist. 5. The proposed detention shall not encroach into any portion of a utility easement. 6. Large scale development approval does not assure sign permit approval. All proposed signs shall be permitted separately from the large scale development proposal by a Sign Permit application and Certificate of Zoning Compliance. Additionally, all flags shall be reviewed for compliance with Chapter 174 Signs prior to installation. 7. All public improvements will need to be installed or bonded for 150% of the construction costs prior to obtaining the building permits. K:IReparts120071PC Repar(s112-10-071LSD 07-2728 (Farm Bureau).doc December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 2 of 10 Landscape and Tree Preservation Conditions of Approval: 8. At the time of construction drawings the landscape plan must be stamped by a licensed landscape architect. 9. All landscaping materials will need to be bonded for 150% of the approved landscape costs prior to obtaining the building permits. 10. Screening is required for a commercial use adjacent to a residential zoning district. As a wooden privacy fence is currently located on the adjacent property to the north, the applicant shall plant evergreen vegetation along the northern boundary of the drive aisle. 11. The applicant shall delineate the 15 feet of required green space on the landscape plan from both Wedington Drive and North Meadowlands. 12. The applicant shall delineate the square footage of the pond plus a 10 -foot buffer on the Landscape Plan. All shrubs/grasses to meet the detention pond screening requirement must be in addition to those required for parking lot screening. 13. Street trees are required every 30 feet. The applicant shall plant 6 trees along Wedington Drive. A 25% grouping shall be acceptable in order to provide a location for the sign. 14. The applicant shall plant 8 shrubs between each shade tree. Standard conditions of approval: 15. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 16. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 17. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 18. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required for review and approval prior to issuance of a building permit. 19. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of-way. 20. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. K:IReports120071PC Reports112-10-07ILSD 07-2728 (Form Bureau).doc December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 3 of 10 21. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. 22. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 23. Large scale development shall be valid for one calendar year. 24. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 25. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Subdivision Committee Action: ❑ Approved ❑ Tabled ❑ Denied Meeting Date: December 10, 2007 Motion: Second: Vote: 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:IReports12007IPC Reports112-10-071LSD 07-2728 (Farm Bureau).doc December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 4 of 10 SC Meeting of November 29, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: City of Fayetteville Subdivision Committee From: Sarah K. Patterson, Urban Forester Date: November 27, 2007 ITEM #: LSD 07-2728: Large Scale Development (Washington CO Farm Bureau) Applicable Requirements: Y N rte�De\elo . maim land Y eencea.e,� N 11 Plan Checklist: Y= submitted by applicant N=requested by City of Fayetteville NA= not applicable e n r � � u �� F`—• . i. 4 u oA" �"� u wsasa : i i .wan Cait MI? 1 F``vi. 2 t .'e y y Irrigation notes either automatic or hose bib y y Species of plant material identified y y Size of plant material at time of installation indicated Y y Soil amendments notes include that soil is amended and sod removed Y y Mulch notes indicate organic mulching around trees and within landscape beds N N Plans stamped by a licensed Landscape Architect y y Planting details according to Fayetteville's Landscape Manual 1a P_✓... .. zx e.S><t. .. ♦ GDe p lop1h$i 0 gn 1St d h A. P"£M`a n '. AREt"tr. "t�+ n.G'�`-�rY✓R^i c�f�aW. �""Sjr '- 16'd14.FfYS.""ri :t4bv`Y.v�t •,T Y y Wheel stops/ curbs Y Y Interior landscaping Narrow tree lawn (8' min width,17' min length/ 1 tree per 12 spaces) Tree island (8' min. width 1 tree . er 12 s . aces) 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 5 of 10 eliirnnaiy 11 1111 _ Su 1 1111 .+ . N N Perimeter landscaping Side and rear property lines (5' landscaped) Shade trees as described in street tree planting standards, Parking lot adjacent to R.O.W.- continuous planting of shrubs-at least 8 per tree- and ground cover -5o% evergreen) 'Cr ✓�","y k �: s, �. t '15.� ' �L.� �. stal ® m , a exrien iSiM.. v".F. mow. ;x� `n%£ 3.>0 7 +, J€�a.�.0 k! � r.,.c.-s �'3"l'ry nf.A NA Greenspace adjacent to street R.O.W. (25' wide) NA Large street trees planted every 30' L.F. along R.O.W. NA 25% of total site area left in greenspace (8o% landscape) NA Parking lots and outdoor storage screened with landscaping ' ;-' .. •e .`p" ,r,; l":� .6-. tire_# "'CF3e pan • s— as ,„ 6-. ,.n ? r� NA Residential Subdivisions- 1 Large species shade tree/ lot tree planted within R.O.W. if possible y y Nonresidential Subdivision- 1 large species shade tree/3o L.F. tree planted within 15-25'greenspace NA Urban Tree Wells-urban streetscape only-8 foot sidewalk NA Structural Soil-if urban wells are used, a note or detail of structural soil must be indicated on the landscape plan NA Timing of planting indicated on plans (subdivisions only) NA Written description of the method for tracking plantings kT � v' Y. —. , 1 o n a gra a ,, s ' F v . s^-.a Yxr+ i4 . '�.J; u. lx:^b . C•u.. N y 1 deciduous or evergreen tree/ 3000 square feet N N 4 large shrubs (3 gal) or small trees / 3000 square feet N N 6 shrubs or grasses (1 gal) / 3000 square feet N N Ground cover unless seed or sod is specified N Y 5o% of facility planted with grass or grass Like plants Conditions of Approval: 1. Shrubs are only required where parking is visible from the right of way. Shrubs along the northern portion of the site can be removed. 2. Eight shrubs are required between each shade tree. Please make sure this is revised and accurate. 3. Street trees are required every 3o feet. With the frontage along Wedington, 6 trees would be required. A 25% grouping (2 trees could be spaced closer than 3o feet) is allowed in order to leave space for the proposed sign. Please add another tree to the landscape plan. 4. Delineate the 15 feet of required greenspace on the landscape plan off of Wedington and Meadowlands. 5. Screening is required between any project adjacent to a residential zoning. This should consist of evergreen vegetation. For maintenance and future development, Staff will allow the evergreen vegetation to be planted along the northern boundary of the drive isle. Please revise the species and location to meet this requirement. December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 6of10 6. Please delineate the square footage of the pond plus a 10 foot buffer on the Landscape Plan. Staff can not indicate which shrubs and grasses are meeting these requirements. All shrubs/grasses to meet this requirement must be in additional to those required for screening the parking lot. 7. Before approval of construction drawings, the landscape plan must be stamped by a licensed Landscape Architect within the state of Arkansas. 8. Prior to building permit, a cost estimate for all required landscape is to be submitted to the Urban Forester for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for iso % of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 7 of 10 a le ARKANSAS SC Meeting of November 29, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS TREE PRESERVATION and PROTECTION REPORT 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: Fayetteville Subdivision Committee From: Sarah K. Patterson, Urban Forester Date: November 27, 2007 ITEM # LSD 07-2728: Large Scale Development (Washington CO Farm Bureau) • A Tree Preservation Waiver Form has bee submitted and approved by the Urban Forester. No trees exist on this site. December 10, 2007 Planning Commission LSD 07-2728 Washington County Farm Bureau Agenda Item 2 Page 8 of 10 LSD07-2728 C ose Up View WASHINGTON COUNTY FARM BUREAU Overview December 10, 2007 Planning Commission Washington County Farm Bureau A.enda Item 2 age•o Overview Legend Subject Property LSD07-2728 Boundary 0%0, Planning Area canoorL g Overlay District I Outside City Legend MN Hillside -Hilltop Overlay District 0 0.25 0.5 1nomimptnn L December 10, 20C QC Planning Commissic 28 Washington County Farm Burez It.,,, r 7 n u 2 Page 10 of 10 ait of i1 e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of December 10, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: December 5, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 07-2783, 2784, 2785, 2786, 2787, 2788: (RUSSELL, 402): Submitted by RYAN RUSSELL for property located at WEST END AVENUE AND VALLEY DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and each parcel contains approximately 0.31 acres. The request is to convert the existing single-family structures into two-family structures. Planner: Jesse Fulcher Property Description and Background: The subject property consists of six (6) parcels located on the north and south side of W. Valley Drive at the intersection of N. West End Street. Lots 30-32 are located on the north side of Valley Dr. and Lots 10-12 are located on the south side of the street. There is an existing single-family dwelling located on each of the six properties. During the Planning Commission agenda tour on November 21, 2007, several commissioners had questions regarding the location of the properties within the floodplain. Each of the (6) six properties are affected by 100 year flood plain and therefore are subject to the Flood Damage Prevention Code. The code requires new construction to have finished floor elevations at least 2' above the base flood elevation. Existing structures improved in excess of 50% the current valuation are required to be raised 2' above the base flood elevation. The applicant states in their application that the structures located on the subject properties were originally constructed as two-family dwellings and were later converted to single-family dwellings. Staff has found that the residential dwellings were constructed over several years in the late 1960's and early 1970's. The original building permits identified these structures as single-family dwellings with 2 bedrooms, 2 bathrooms and 2 carports. Staff has not found any record indicating that these structures were constructed as, or ever used as two-family dwelling units. Proposal: The applicant proposes to convert existing single-family structures into two- family structures within the RSF-4 zoning district. In order to permit this conversion, a conditional use permit is required. K:IReports120071PC Reports112-10-07ICUP 07-2783-2788 Russell_6 duplexeseloc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 1 of 16 Property Table: Address Lot Number CUP # 1190 N. West End Ave. Lot 10 07-2783 2569 W. Valley Dr. Lot 11 07-2784 2561 W. Valley Dr. Lot 12 07-2785 2558 W. Valley Dr. Lot 30 07-2786 2572 W. Valley Dr. Lot 31 07-2787 1218 N. West End Ave. Lot 32 07-2788 SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Undeveloped/Former mobile home park RSF-4 South Single-family residential RSF-4 East Single-family residential RSF-4 West Multi -family residential RMF -24 Public comment: Staff has received one phone call regarding the historic use of the properties for single-family dwelling units. Parking: The existing structures were developed with sufficient parking for one or two- family use. The existing parking areas shall be retained, or new parking areas shall be provided with any expansion of the existing structures. Recommendation: Staff recommends denial of CUP 07-2783, 2784, 2785, 5786, 5787 and 2788 based on the findings herein. Should the Planning Commission vote to approve any or all of the conditional use requests, staff recommends the following conditions of approval: Conditions of Approval: 1. The subject approval shall be applicable for conversion of the existing structure or structures into a two-family dwelling unit, but shall not be construed to allow for a new structure on the property, without approval by the Planning Commission. The structure cannot be removed and replaced with a new two-family unit without approval by the Planning Commission. 2. 5' sidewalks shall be constructed at the right-of-way for each property approved prior to issuance of a building permit, pursuant to the Sidewalk Administrator's recommendation. Corner lots shall construct sidewalks along each street frontage. 3. Conditional Use approval shall not be construed to guarantee building permit approval for the renovation to the existing structure(s). A K: I Reports120071PC Reports112-10-07ICUP 07-2783-2788 Russell_6 duplexes.doc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 2 of 16 building permit plan must be submitted for City review and approval for any enlargement or reconstruction of the existing structure(s). Development shall comply with all applicable provisions of the Unified Development Code including, but not limited to: tree preservation, driveway approaches, and minimum parking requirements. If any of the existing structures are found to encroach within the building setback(s), or any of the lots do not meet the minimum bulk and area requirements for the RSF-4 zoning district, a variance may be required prior to approval of a building permit for repairs, expansion, etc. Should a variance be necessary and said variance denied, the conditional use approval shall be null and void for that property. 5. Any existing, nonconforming structures remaining on the property shall be subject to all special requirements and conditions for said structures set forth in the Unified Development Code. A detailed cost estimate of improvements in comparison to the replacement cost of the existing structure(s) shall be submitted to the Engineering Division for review to determine whether the elevation of the structure is required to comply with flood damage prevention code requirements. PLANNING COMMISSION ACTION: Required YES Date: December 10, 2007 Motion: Second: Vote: Comments: ❑ Approved ❑ Tabled ❑ Denied 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: CITY PLAN 2025 DESIGNATION: Residential Neighborhood Area Sec 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, K:IReports120071PC Reports112-10-071CUP 07-2783-2788 Russel 1_6 duplexes.doc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 3 of 16 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 a conditional use for a two-family dwelling (Use Unit 9) within the RSF- 4 zoning district. 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 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 §161.07 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the conditional may adversely affect the public interest, as the built environment surrounding this site is an established single- family neighborhood that is buffered by West End Ave. to the west. In staffs opinion this neighborhood is not a transition area between single-family and multi -family uses; rather it is the western boundary of an established single-family area that includes Sang Ave., Lewis Ave., Holly St., Lawson St., etc. While it may be more appropriate for a higher density transition in this area, staff does not support the request to create six duplexes from these single-family homes, thereby doubling the density. K:IReports120071PC Reports112-10-071CUP 07-2783-2788 Russell_6 duplexes.doc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 4 of 16 The Planning Commission shall certify: (1-) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this 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 properties is from West End Ave. and Valley Dr.. Additionally, 5' sidewalks shall be constructed along the frontage of each property, pursuant to the Sidewalk Administrator's recommendation. 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: Parking shall be provided as required by City Ordinance. (c.) Refuse and service areas, with particular reference to ingress and egress, and off- street parking and loading, Finding: Trash service for the properties shall be coordinated with the Solid Waste Division, if it is not already. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities are available to serve this site. Any extensions necessary shall be made at the owner's expense. (e.) Screening and buffering with reference to type, dimensions, and character; K:IReports120071PC Reports1/2-10-071CUP 07-2783-2788 Russel 6 duplexes.doc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 5 of 16 Finding: N/A (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: Signs are not permitted in the RSF-4 zoning district, except as noted under Chapter 174.03. (g.) Required setbacks and other open space; and Finding: Final scaled site plans shall be reviewed at the time of building permit application. Location of the structures and lot requirements shall comply with RSF-4 zoning district regulations for a two-family dwelling, unless modified by the Board of Adjustment. Any existing nonconforming structures shall be subject to the restrictions set forth under Chapter 164.12. (h.) General compatibility with adjacent properties and other property in the district. Finding: The areas east of West End Ave. consist almost entirely of single- family dwellings. Whereas, multi -family land uses are predominately located on the west side of West End Ave. Staff does not find that introducing multiple two-family dwelling units within an established single-family neighborhood to be a compatible land use. Though a higher density may be achieved in a different manner or configuration than that which exists, staff is concerned that the integrity of the neighborhood could be jeopardized without a sensitive approach. K:IReparls120071PC Reports112-10-071CUP 07-2783-2788 Russell_6 duplexes.doc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item.3 Page 6 of 16 161.07 District RSF-4, Residential Single - Family — Four Units Per Acre (A)Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Dens'ty. (D)Bulk and area regulations. Single-family dwellings Two-family dwellings Units per acre 4 o less 7 o less (D)Bulk and area regulations. (E) Setback requirements. FRONT Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. Hillside Overlay District Lot minimum width 60 ft. 70 ft. Hillside Overlay District Lot area minimum 8,000 sq. ft. 12,000 sq. -ft. Land area per dwelling unit 8,000 sq. ft. 6,000 sq. ft. (E) Setback requirements. FRONT SIDE REAR 25 ft. B ft. 20 ft. HOD Front HOD Side HOD Rear 15 ft. 5ft. 15 ft. (F) Height. Structures in this District are limited to a building height of 45 feet. The height of a proposed structure may only be increased above 45 feet by obtaining a variance after hearing by the Planning Commission. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G)Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06) KAReparts120071PC Reports172-10-071CUP 07-2783-2788 Russell6 duplexes.doc Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Pagel of 16 Homestead Inc. and North American Lighthouse Properties L.L.C. collectively the owners of Lots 10, 11, 12, 30, 31, & 32 S.T. Russell subdivision also known as 2569, 2561, 2558, 2572 W. Valley Drive and 1218 & 1190 West End St, Fayetteville, AR 72703 are requesting for a rezoning to allow conversion into duplexes of said property. The property is currently zoned RSF4 and the single family dwellings appear to have originally been constructed as duplexes but converted into single family homes at some point. Ownership is not asking for any type of new construction uses, but we are trying to gain permission to turn these homes into duplexes. The current zoning only allows for a single family dwelling. Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 8 of 16 TRACT A TOTAL: ACREAGE 3.6 'ACRES +/7 ApARTMBN i= :Bu[LDIN.G , k 9W (DYN6R S IN,NIil() £BlIDN1 l :TATE RIGHWAY16 zz4 _.__=___. _.__...�._._. l.w C: TR SS21.1 f3{55k:R:TD?}'6 r_T1Y?:£AYF.TEI1C1£ BANG APART OF TIM 4n6.1364:5`. QuaT ROi 5[ATION1 a IWN4::Y 16 NOR+.Y, PA.NOZY SOBDIY,SION 43)1 PILE IF EI* OYF-C:CF :AL C01.113)E7CLEAR AND E11-0,13010 COUNTY, ARSStiSAS. ACs0 A PARTOFTH!:RN:ESEASTQUARTla! OH Y1i7 ROKIIAA:i7T(10ARTIRRIf )117:119.: 7. T0WERA P:6 NORM) 36.16. :30 WESl', DPit: WAR AR:T:A:_AV 160.3(0A13140 AS FOLLOWS, TOANIR BEARTEMO AT.F 10)))1'A?iKR 19 IRE3011" TWAT AND (0.001401130 TCCti 17711 Si1UTAI IECY31411 T %0 5a1 MACY ACRE 1_tA:.1' A710110001701H117071 F' '°-1^^%AI YAG THE 7DR111 AiGirla7-WAVOE 7...1;07 W. ON EMARV N'. TaA..1.3946or .I 7N(i SAC) R' G. RAVE1IrI0 it 471031TAIME1WA 1 k I1PNCE ALCM) SAM CRi K. i1i'TE11L7EW6fl1IP'u'.7T1661011644'i^.:l:71'. >7ETATE i'WWa 6i'.lui_14373371+'. PPr 55' f k9i_4. W^6 z:L W 1.01:3, MEN', Cai1Y(.SAID CR 11 CF7651:81.X16 NTI 777, 690 TO TER `7711 NR(<f.pe.YAv 06411 C?W STE07I)R3V1,,'TNRC_ ALIMO RA 10R(I.rl-CG-WAR SOL 154145'10-:14_ POIAT OPmt'04176'0)CONTNFRNf. 134 ACi45 4077:O1311417007iT •'0.1:'7' 70:1T'06) L101:74, RESTRCER365. ARO RIAMIADF-WAY6 OF 111100:17'5 Sfi/.)CA€`1A9T10 f121050N6 O.71111SNAIICIAA)130)1) 1L000 ^:SL'R N:T.AATc`.L'37'065 D175: 0 D D.4T_0076i119:91 n1 RIC '�lY L� Esi ... 100' 150 (:Rm3N16-60,735( 1) s kl'1. R'e'1Ci]1L^i vK:IMIY `"+{411 218 N WEST END AVE 572 W VALLEY, DR 2558 W VALLEY DR 1190 N WEST END AVE 2569W VALLEY DR 2561;W VALLEY DR Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 11 of 16 Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 12 of 16 Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 13 of 16 CUP07-2783 Close Up View RUSSELL Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell A.enda Item 3 age o Overview Legend Subject Property ® CUP07-2783 Boundary Planning Area 0 000a c00000 Overlay District Outside City 0 0.25 0.5 CUP07-2788 • CUP07-2787 • CUP07-2786 CUP07-2785 • CUP07-2784 Ill Hillside -Hilltop Overlay District 1 M iles Decmber 10, 20( 7 Planning Commissic n CUP 07-2783-88 Russ$ll Age -9a "e^"3 Page 15 of 16 Decmber 10, 2007 Planning Commission CUP 07-2783-88 Russell Agenda Item 3 Page 16 of 16