The URL can be used to link to this page

Home My WebLink About2009-02-23 - Agendas - Final ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE, PLANNING COMMISSION Monday,February 23,2009,5:30 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. I Please, as a platter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2009 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Andy Lack Christine Myres Jeremy Kennedy Jill Anthes L "ej �J 11 1! j ...... TENTATIVE AGENDA h ARKANSAS The City of Fayetteville, Arkansas 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,February 23,2009,5:30 p.m. Room 219,City Administration Building The following items will be considered: Consent Agenda: 1.Approval of the minutes from the Monday,February 9,2009 meeting. 2. ADM 09-3228:ADMINISTRATIVE ITEM(COURTS AT WHITHAM LSD EXTENSION,444): Submitted by Robert Sharp Architecture Inc.for property located at the southwest corner of Douglas Street and Whitham Avenue. The request is for an additional one year extension of the Large Scale Development Courts at Whitham,LSD 07-2454. Planner:Andrew Garner Unfinished Business: 3. CUP 08-3145: (FAYETTEVILLE DEPOT, LLC, 484): Submitted by KRISTIN KNIGHT for property located at 550 W.DICKSON STREET. The property is zoned MSC,MAIN STREET CENTER. The request is for a Conditional Use Permit for an excess number of parking spaces and for landscape variances. Planner:Andrew Garner 4.ADM 08-3185: (BUNGALOWS AT CATO SPRINGS FINAL PLAT MODIFICATION,600): Submitted by BURKE LARKIN FOR THE BUNGALOWS AT CATO SPRINGS Subdivision on the NORTH SIDE OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE.The property is zoned R-PZD 05-1979,RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 5.52 acres. The request is to modify condition of approval No. 19 from the final plat approval regarding a vegetated buffer on the east property line. Planner: Andrew Garner New Business: 5. CUP 09-3210: (MAYNARD/W. MORROW DRIVE,717): Submitted by JOE MAYNARD for property located at 550 W.MORROW DRIVE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 9.69 acres. The request is to allow an accessory structure to be constructed before the principal structure, and to be larger than 50%of the size of the principal structure, subject to Chapter 164 of the UDC. Planner:Jesse Fulcher 6.ADM 09-3211:(FAYETTE JUNCTION MASTER PLAN): Submitted by Planning Staff for Planning Commission review and approval of the Fayette Junction vision document and Illustrative Master Plan. Planner:Karen Minkel 7.PLANNING COMMISSION BYLAW AMENDMENT:An amendment proposed by Planning staff,related to the meeting procedures of the Subdivision Committee. Planner:Jeremy Pate 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. + 7aye� PC Meeting of February 23, 2009 Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. PLANNING DIVISION CORRESPONDENCE Fayetteville, 72701 Telephone:(479)5757 5-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 19, 2009 ADM 09-3228: ADMINISTRATIVE ITEM (COURTS AT WHITHAM LSD EXTENSION, 444): Submitted by Robert Sharp Architecture Inc. for property located at the southwest corner of Douglas Street and Whitham Avenue. The request is for an additional one year extension of the Large Scale Development, Courts at Whitham, LSD 07-2454. Planner:Andrew Gamer BACKGROUND Property Description:The subject property is zoned RMF-40 and contains 1.42 acres located at the southwest corner of Douglas Street and Whitham Avenue. The site is developed with four multi- family apartment buildings and a single-family dwelling. Approval History: February 26, 2007 Planning Commission approved LSD 07-2454(Courts at Whitham), an apartment building with 26 one-bedroom units. February 11, 2008 Planning Commission approved ADM 08-2912 to permit a one-year extension of the Courts at Whitham approval. December 31, 2008 Subdivision Committee approved ADM 08-3195 for a major modification to the Courts at Whitham project. Proposal: The applicant requests to extend the approval of the Courts at Whitham Large Scale Development Development for another year, to expire on February 26, 2010. The Planning Department received the applicant's extension request on February 10,2009,within the required one year time limit of the extension period. Should this extension be granted, all permits and approvals required by City, State, and Federal regulations to start construction of the development are required to be issued before the extended deadline. If the permits are not issued prior to February 26, 2010, all of the approved plans for the project shall be rendered null and void. K:IReports120091PC Reportsl04-February 23WoM 09-3228(Courts@"i1hamFx1nsn).doc02/19/2009 Planning Commission ADM 09-3228 Courts @ Whitham Agenda Item 2 Page 1 of 6 RECOMMENDATION Planning Staff recommends approval of ADM 09-3228,the additional one(1)year extension to LSD 07-2454, with the following conditions: 1. The applicant shall be allowed until February 26,2010 to receive all construction permits to complete construction of the project. If all permits have not been received by this time,the Residential Planned Zoning District Development approval shall be revoked; the applicant does have the ability to apply for one additional extnsion within that time frame. 2. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code(UDC)Section 166.20(B)(2)gives the Planning Commission authority to extend the one-year extension period of a large scale development one additional year, for a total of three (3) years from the original approval. In order to extend this approval, the applicant must: (1) request the additional extension prior to the end of the one year extension period, and(2)show good cause why the tasks could not reasonably be completed within the normal one year and the one year extension period. If the additional one year extension is granted,it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the additional extension request to the Planning Division on February 10, 2009, prior to one year extension period ending on February 26, 2009. (2) The applicant has stated that the original design was economically unfeasible, a purchase offer on the property fell through and uncertain financial lending climate further delayed the project. The project was then re-designed to be more economical.All of these reasons have delayed this project, and additional time is needed before the project can be started. The applicant has stated that they are in the process of pursuing building permits. K:1Repor1sl20091PCRaaorfs104-February 23WDM 09-3228(Courts@WhuhamFatnsn).doc 02/19/2009 Planning Commission ADM 09-3228 Courts @ Whitham Agenda Item 2 Page 2 of 6 R E G I S T E R E 0 T E R E 0 February 10, 2009 ROBERT SHARP,ARCHITECT.I.. 525 SOUTH SCHOOL AV' STE 221 FAYETTEVILLE I AR PHO N E:4 7 9.44 2.0 229 Planning Commission FAX:4 7 9.44 2.8 7 2 1 City of Fayetteville /IVA 113 West Mountain Street Fayetteville, Arkansas 72701 RE: COURTS AT WHITHAM LARGE SCALE DEVELOPMENT EXTENSION REQUEST Dear,Commissioners: Because we are in the process of applying for the building permit and our current extension is days from expiration, we must request another extension to the Large Scale Development (LSD 07-2454) for the 24-unit multi-family Courts at Whitham project. This project has had several unfortunate determents over the last two years. When the design included a heavy steel framed parking structure, the cost estimates made the project economically infeasible and the owner considered a purchase offer on the property. When that offer fell through, the project was put on hold due to the uncertain lending climate. In 2008 we undertook the redesign of the project with new parking guidelines, structural modifications, and building layout changes that made the project financially feasible. On December 31, 2008, the Subdivision Committee approved these design modifications as AMD 08-3195. Since that approval we have been preparing the final construction documents. We are days away from applying for the building permit and the owner is excited about commencing the project, but because we can be sure the duration of the application process will surpass the life of our current extension(AMD 08-2912), another extension is essential to the earliest possible commencement of construction. We appreciate your continued cooperation on this project. Sincerely, Tim Koch Robert Sharp,Architect, Inc. 02/19/2009 Planning Commission ADM 09-3228 Courts @ Whitham Agenda Item 2 Page 3 of 6 ADM09-322 COURTS AT WHITHAM EXT, Close Up View ARAWAYy� > Q. C 3 h' .. G -- TAYLOR Sf SUBJECT PROPERTY P DOUGLAS ST DOUGLAS ST kR DOUGLAS ST Q a 3 S _MAPLE -- MAPLE ST MAPLE SL MAPLE Sr MAPLE ST. f a� REAGAN IT ' Overview ® 02/19/2009 0 75 150 300 450 600 Warning Commission 0� -32 Courts @ Whitham Agenda Item 2 ADM09-3228 COURTS AT WHITHAM EXT. One Mile View S F'�RSEi iia EDA ST a \. � - a �> ch tiS Fd a tN pry OR � _Q p - �, > �;: SUBJECT PROPERTY Fd ,� `L �ii � HkUiMORN T t11 >�E DRN ST�a SF� N _ � q y p L. LEBURN$ qsF� q� k < g � RSFi �5 RSFd21�nPLE �SF4...4 ' Sry h :.MAt5ELL 8b � � k1 Y I k¢Fd� ra RSF44= eaF-0 "a DI KaONT ' I 1 _ — �eL ®IM - - I f I F Y I I I i/ Rud'Y�b45� /t I Overview Legend Boundary Subject Property Planning Area --- ®ADM093228 . Overlay District _ ❑ 0 Outside City Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 02/19/2009 __. Ing Commission urts @ Whitham A enda Item 2 Page 5 of 6 02/19/2009 - Planning Commission ADM 09-3228 Courts @ Whitham Agenda Item 2 Page 6 of 6 7aye PC Meeting of February 23, 2009 AR.KA,N SAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 18,2009 CUP 08-3145: (FAYETTEVILLE DEPOT, LLC, 484): Submitted by KRISTIN KNIGHT for property located at 550 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER. The request is for a Conditional Use Permit for an excess number of parking spaces „and for landscape variances. BACKGROUND: This item has been tabled since the .lanuary 12, 2009 Plannink Commission meeting.. Since that meeting the applicant and staff have met onsite and identified potential Zandscapinz locations, and the applicant has revised their proposal to include a new landscape plan as described below. Property Description and Background: The property is located at 550 W. Dickson Street, and is commonly referred to as the Fayetteville Train Depot site or old Frisco Depot. It contains approximately 1.6 acres and is utilized as a pay parking lot for businesses in the downtown area. There are several structures that exist on the property, most notably the Depot Building, which contains approximately 4,600 square feet and has been renovated for a restaurant. There is also a 2,366 square foot Freight Building that has been partially renovated for a night club/restaurant. Both of these.structures have been previously vacant for a number of years until the recent renovations. On July 11, 2005 a conditional use permit (CUP 05-1577 Depot Parking) was granted by the planning commission for a 153-space temporary parking lot on the property. A parking lot is permitted by right within this zoning district, however the CUP allowed for additional parking not warranted by the uses on the property, and to vary certain landscaping and street improvement requirements for a three year period. The parking lot was constructed as approved and has been in operation for a number of years. The applicant anticipated that after three years the site would be developed and the temporary parking lot removed, or brought into compliance. Proposal: The applicant proposes to renew the Conditional Use Permit that would allow for additional parking spaces not warranted by the existing uses on the site and for landscape variances. In particular, a variance is requested of the interior parking lot tree requirements. K:IReports12009TC ReportsW-February 231CUP 08-3145(Depot Temp Parking Lot).doe 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 1 of 14 Fayetteville Unified Development Code Section 172.177.04(C)(1)(b) requires one interior parking lot tree for every 12 parking spaces with a maximum run of 12 spaces without a tree island. With the existing parking lot containing 153 spaces, 13 interior parking lot trees are required. The applicant proposes to plant 16 interior parking lot trees in the locations as indicated on the plans. This proposal would leave several runs of more than 12 spaces without a tree island requiring a landscape variance. As indicated in the plan submitted by the applicant, the applicant proposes to remove pavement and create the required 15-foot greenspace between the right-of-way and the parking lot, and plant the required street trees and screening shrubs along Dickson Street and West Avenue. In addition, the applicant proposes to plant a continuous planting of shrubs between the Bank of Fayetteville property to the west of the subject property, to further screen the parking lot. It should be noted that with the creation of the 15 feet of greenspace adjacent to Dickson Street and West Avenue that approximately six (6) spaces would be to be removed, for a total of 147 spaces remaining after the landscaping is installed. The required bicycle racks have been installed by the applicant and the street improvements on the adjacent streets have been completed by the City. Parking in this lot serves not only users of the on-site businesses, but various businesses in the downtown area that do not have dedicated parking. Request: The applicant requests approval for a conditional use allowing more parking spaces than allowed by ordinance for the proposed uses on the site as shown in Table I..Additionally, landscape variances are proposed as shown in Table 2. Additional.Parking Spaces As shown in Table 1, utilizing the square feet of the Freight Building and the Depot Building and assuming one space per 100 square feet (restaurant/eating place ratio), a maximum,of 91 spaces would be permitted. Table 1 Required Parking Use Ratio Square Required Permitted Existing Requested Feet Spaces 30% Overage Overa e 62 spaces—68% Restaurant 1/100 SF 6,966 70 spaces 91 153* over permitted 91 *The creation of 15-feet of greenspace adjacent to Dickson Street and West Avenue would result in the loss of approximately 6 spaces, for a total of 147 spaces. K:IReportsU00APC Reports104-February 231CUP 08-3145(Depot Temp ParkingLot).dx 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 2 of 14 Landscape Variances As shown in Table 2, the following variances of the landscape and zoning ordinances are proposed: Table 2 Landscape Variances UDC Section Ordinance Existing Parking Lot CUP 08-3145 Variance Requirement Condition Proposal Required 177.04(D)(1) Five feet of 2-7 feet of greenspace Stay as is. yes greenspace provided between Bank of between adjacent Fayetteville parcel; no parcels. greenspace provided in some places between the railway right-ofway parcel. 177.04(D)(2)(a) 15 feet of No greenspace provided. Remove pavementno greenspace to provide 15 feet of between the right- greenspace. of-way and parking lot. 177.04(D)(2)(0 A continuous No screening shrubs Screening shrubs no, planting of shrubs provided. on Dickson and to screen the West, and between parking lot from the Bank of the right-of-way. Fayetteville parcel. 177.04(C)(1)(b) Interior parking lot No interior trees provided. 16 interiortrees yes trees at a ratio of proposed, although one: tree per 12 several runs of spaces; max 12 more than 12 spaces Wout tree spaces without a island. tree would remain. 161.21(H) No parking in the Parking covers the entire 25- Remove pavement 25-foot build-to- foot build-to-zone. to provide 15 feet of zone. greenspace. es* *10-foot variance would be required from the Board of Adjustment SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Ice Plant Development, Scarpinos DG, Downtown General South Dickson Street MSC; Main Street Center East Restaurants, Bank of Fayetteville DG; MSC West Railroad, commercial development DG; MSC K.IReports120091PC Reports 104-February231CUP 08-3145(Depot Temp Parking Lot).doe 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 3 of 14 RECOMMENDED MOTION: Staff recommends approval of a Conditional Use Permit to allow for a greater number of parking spaces than allowed by ordinance, and to allow for the landscape variances as proposed. 1. Planning Commission determination of the proposed landscape variances as listed in Table 2 provided earlier in this report. Staff recommends in favor of these variances finding that the purpose and intent of the landscape regulations would be met by providing interior trees in locations that would shade the parking lot and promote a healthy urban landscape, and perimeter shrubs and greenspace to screen the parking lot in accordance with code. The following conditions shall be required: a. Within 90 days from the Planning Commission decision the applicant shall install the landscaping and greenspace as indicated on the submitted plans. b. A landscape plan shall be submitted to the Urban Forester far, review in compliance with City ordinance prior to planting, and the site shall be planted and inspected within 90 days. c.. All plantings shall comply with the City of Fayetteville Landscape Manual which requires shrubs to be planted in mulched and edged beds, planting details, and irrigation for all plants. d. Prior to acceptance of the plantings, all required street trees shall be guaranteed for three years. The developer shall submit a cost estimate for the three year maintenance of these trees to the Urban Forester for approval 2. The dumpster and any material/utility equipment shall be relocated onto the subject property, outside the railroad right-of-way. The City maintains a trail easement with the railroad adjacent to the west property line, and plans to construct this trail in 2009. 3. Approval of a variance from the Board of Adjustment is required to permit parking within the 25-foot build-to-zone. PLANNING COMMISSION ACTION: Required YES Date: February 23.2009 ❑Approved ❑Denied Comments: K..-IReportsld0091PC ReportA04-FebruaryBICUP 08-3145(Depot Temp Parking Loi).doc 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 4 of 14 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: FUTURE LAND USE PLAN DESIGNATION: Downtown Master Plan Section 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 the excess parking spaces above the standard parking ratio and to permit landscaping variance requests. 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:IReports120091PC Reports104-February 231CUP 08-3145(Depot Temp Parking Lot).doc 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 5 of 14 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 §172.05.B to grant the requested conditional use permit to allow for a greater number of parking spaces, and is empowered under §156.07 to grant variances from the landscaping requirements. The applicant is required to obtain a variance from the Board of Adjustment to permit parking in the build-to-zone under zoning regulations, §161.21. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting a continuation of the Conditional Use Permit to allow for a greater number of parking spaces on the site than allowed by ordinance will not adversely affect the public interest if the parking lot landscaping is brought up to code. Over the past three years this site has been improved from a gravel lot to a paved lot, the two existing structures have been renovated and re-used, and the City has improved West Avenue. This parking lot is a pay parking lot and has provided much needed parking in the Dickson Street and greater downtown area. The excess parking serves not only the buildings on site but the surrounding businesses that do not have parking. It would be beneficial to the public interest to allow the excess parking to continue. Staff recommends in favor of a requested landscape variances finding that the applicant's proposal to remove 15-feet of pavement and provide greenspace adjacent to Dickson Street and West Avenue, along with screening shrubs and seven (7) street trees meets the exterior landscaping requirements. The applicant's proposal to plant 16 interior parking lot trees provides three additional trees above and beyond the overall number of interior trees that are required. There are several runs of parking spaces with more than 12 spaces in a row,which requires a variance. However, staff fmds'that the overall number and location of trees planted meets the intent of the landscape ordinance to shade the parking lot and provide a healthy urban environment. Staff also recommends in favor of variances of the requirement for five feet of greenspace between adjacent parcels. Greenspace adjacent to the railway right-of-way to the west is not needed as the railway Corridor has approximately 20 feet of greenspace on either side of the tracks, and the approximately 3-7 feet of greenspace adjacent to the western boundary of the Bank of Fayetteville property is ample room to be planted with a number of trees and shrubs. The applicant should be aware that the present location of the on-site dumpster and other mechanical equipment are on railroad right-of-way property, and should be relocated. K..-Meports12009WC ReportsIO4-February 231CUP 08-3145(Depot Temp Parking Lot).doc 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 6 of 14 (c.) The Planning Commission shall certify: (l.) Compliance with the specific rules governing individual conditional uses; and Finding: There are no specific rules governing this 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 proposed to be maintained from the existing access points on Dickson and West streets. Over the past three years these access points have provided safe access to and from this site. The - sidewalks along Dickson Street and West Avenue have been improved by the City and provide pedestrian safety. and convenience accessing around this site. No improvements to vehicular or pedestrian access are recommended. As indicated on the applicant's concept planting plan, the City plans on constructing a multi-use pedestrian trail along the western border of the _ subject property within the railroad right-of-way. The construction of this trail would further enhance pedestrian safety and convenience in the area. (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: The lot is currently utilized for parking. The continuation of this site for a parking lot should not increase the glare, noise, odor, etc. Surrounding properties are all commercial in nature and have benefited from the additional parking in the downtown area. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: Refuse and service areas for the existing buildings on the site have been determined through the building permit and construction process of the K.9Reports120091PC Reports104-February 231CUP 08-3145(Depot Temp Parking Lot).doc 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 7 of 14 rehabilitation of the existing buildings. However, aerial photographs reveal the dumpster has been installed on the adjacent railroad right-of-way. The City possesses a trail easement from the west property line to within 8 feet from centerline of the railroad tracks, and will be constructing a trail in 2009. The dumpster and enclosure will be required to be relocated. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Water and sewer lines are located in proximity to the site, within existing utility easements. A chiller or other mechanical equipment has been installed partially on railroad right-of-way to the west, and will have to be relocated; see finding(d.) above. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: As discussed in Finding No. 3.b, staff recommends in favor of the requested landscape variances with the planting plan as proposed. The proposed planting plan will help 'screen the parking lot from the adjacent public streets. The addition of trees adjacent to the new pedestrian trail will provide shade and screening for trail users. (£) Signs, if any, and proposed exterior lighting with reference to glaze, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: All signage shall comply with City of Fayetteville ordinances, unless - -- - variances are granted thereof. Exterior lighting shall meet City of Fayetteville Lighting ordinance criteria and will not result in glare. As discussed in previous findings in this report this parking lot has not and will not result in adverse traffic safety impacts and will continue to provide an economic benefit to surrounding properties. As discussed in Finding No. 2.h.,. the parking lot is compatible and in harmony with surrounding properties. If at some point the subject property redevelops, the buildings will be required to be placed within the 25-foot build-to-zone adjacent to Dickson Street and West Avenue. Such redevelopment would almost entirely screen the parking lot from the surrounding streets, consistent with the traditional development pattern existing and encouraged for infill in the Downtown Master Plan. (g.) Required setbacks and other open space; and. Finding: The Main Street Center zoning district is exempt from the 15% greenspace required in standard commercial zoning districts. The proposed parking lot KAReports120091PC Reports1O4-February231CUP 08-3145(Depot Temp ParkingLot).doc 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 8 of 14 encroaches within the 2546'ot build-to-zone adjacent to Dickson and West Streets. This would require a variance of the zoning regulations by the Board of Adjustment. (h) General compatibility with adjacent properties and other property in the district. Finding: The proposed use is very compatible with and supportive of adjacent property and other property in the district. The new parking lot and renovation of the existing Fayetteville Train Depot buildings have enhanced the usability of this property, and are consistent with Goal No. 1 in City Plan 2025, "We will make appropriate infill and revitalization our highestpriarities." The proposed landscape plantings will bring a majority of the parking lot into compliance with the landscape requirements, helping create a healthy urban landscape and softening the appearance of the parking lot to a human scale, meeting the intent of the City's landscape ordinances. K.-IReportsl20091PCReportsI04-Febmary231CUP 08-3145(Depot TempParkingLot).doc 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 9 of 14 February 18, 2009 R E G 1 5 T E A E D Andrew Garner BORE RT SHARP.ARCHI TELT,roc. City of Fayetteville 525 SOUTH SCHOOL AVE STE220 113 West Mountain Street FAYETTEVILLE AR PHONE:429-442-0229 Fayetteville Arkansas FAX:479-447-8721 RE: TRAIN DEPOT PARKING- Landscape Variance - Dear Andrew, The submitted drawing for the landscaping of the Train Depot Parking Lot requests a variance from Fayetteville UDC Section 172.04(C) that requires.an interior parking lot tree for every 12 parking spaces. As illustrated in the planting diagram, we propose to plant more interior trees than required in the existing green spaces on the site, including trees along the trail that is to be constructed in 2009. We will fully meet the ordinance requirements of the street front trees and required shrubs as shown. It is our plan to meet the intent of the ordinance with these additional plantings. If you have any questions or need additional information on this, please give me a call at 442-0229. Thank you for your time and consideration on this issue. Sincerely, Kristen Knight Urban Projects Coordinator Robert Sharp Architect, Inc. cc: File Train Depot Parking page ] Project Number 00001 _ 02/19/2009 Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 10 of 14 x T IN b, z coqt COVC4 P10111 CAAr 05-1577 l�......... MIS 911. so wk el ag --T 02/19/2009 11anni Commission Commis 'tt ng .0 '14-W 1 N STMREEr— 145 F 11,Depot,LLC Page 11 of 14 Agenda item 3 CUP08-3145 FAYETTEVILLE DEPOT, LLC Close Up View I�—�tAPAYEiiEST ._.�I 'IAFAYEITE Si • Fes , � I SUBJECT PROPERTY 1-10 10 Y � ar ? is , .. WATSOI�`� - �z�� i l $��+ �•.�`9'' � I {�s �t''(S�gt�,r`E•s��44�'i..?s"Mz` ��y ' �'�:�°t��'T`�y��.�f�»x-'` � " egN s �',A'^m� �'. I FSS �t A ��.V � ��zn, c � �'L •^�,,e�' ' .3� az i "� s °„' �•' ' IG h"�'y� '� ,n. d � a gra '' �� a a ��r qM 1 �>� v%^ �sae �;/✓; wru z£ �` Y x .''�", i �.a da� ,r rt✓ ex ,, s r^ y y > r �"+ >ry„ > ) a �. r " crF'V° °n .�sir.5?,bF,�'a':'mrY ,. •, ^'� i rt r ' ,:.*�,a„ 4 "` Y #�Sv^S z Y� r'hr+Y^�: 7e.' ct O Y z Overview 02/19/2009 Planning Commission _ ® o so too 200 Soo CUP 9&3'45 Fayetteville Depot,LLC I Fe Agenda Item 3 o,._., Page 12 of 14 CUP08-3145 FAYETTEVILLE DEPOT, LLC One Mile View TR uwso A WV W." AWfrHORN9T, RM arRSFi 'S o R Rs� SF4 Z' SUBJECT PROPERTY T F4 1 RSF4 IR9F4 ka14 BFAQn SF's -0 RaR4, Ass R RSF %R� F4fi��§FNI- I ST .1 RSF-4�. RSF-' lilF-4 SF4 0 EST . 'R§F4 REF-0 ftPLE S ALSELL RO ¢ L N W, Ri3F4,!,RSF,4 R 4AAYEn wl� RW4 'ALLEY,22,R R a5 i OF 'N IMPis 4 - -A W v BAR Overview Legend Boundary Planning Area Subject Property �'Overlay District ❑ Outside City Legend M Hillside-Hilltop lZh erlay District ------- 0 0.25 0.5 1 02/19/2009 MPlanning Commission ayetteville Depot,LLC lieszApenda Item 3 i-age Or 14 02/19/2009 - Planning Commission CUP 08-3145 Fayetteville Depot,LLC Agenda Item 3 Page 14 of 14 Taye PC Meeting of February 23, 2009 ARKAN SAS - 125 W. Mountain St. THE CITY OF FAYETTEVILLE,ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 18, 2009 ADM 08-3185: (BUNGALOWS AT CATO SPRINGS FINAL PLAT MODIFICATION,600): Submitted by BURKE LARKIN FOR THE BUNGALOWS AT CATO SPRINGS Subdivision on the NORTH SIDE OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE. The property is zoned R-PZD 05-1797, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 5.52 acres. The request is to modify condition of approval No. 19 from the final plat approval regarding a vegetated buffer on the east property line. Planner Andrew Garner THIS ITEM WAS TABLED A T THE PREVIOUS THREE PLANNING COMMISSIONMEETINGS(01-12-09,01- 26-09 AND 02-09-09) TO ALLOW TIME FOR THE APPLICANT TO TRY AND ADDRESS AN ADJACENT PROPERTYOWNER'S CONCERNS.THEAPPLICANTHASNOTREACHEDANAGREEABLESOLUTION WITH THE NEIGHBOR AND WISHES TO PROCEED WITH THE REQUEST AS ORIGINALLYPROPOSED. - Findings: Background: On August 30, 2007, the Planning Commission approved Final Plat 07-2678 for development of the Bungalows at Cato Springs Subdivision consisting of 31 single family residential lots on 5.52 acres. The property is zoned R-PZD 05-1797 (Bungalows at Cato Springs) and is located on the north side of Cato Springs Road, west of Cline Avenue and east of Cato Springs Branch.During the original PZD approval and at the request from adjacent neighbors to the east, a vegetated buffer and fence along the east property line was included in the plans. Condition of approval No. 19 from the final plat approval required a vegetated buffer on the east property line. The applicant has installed a six-foot wood board privacy fence along the eastern property line. Proposal: The applicant requests that the requirement for a vegetated buffer along the eastern property line be waived,or if deemed necessary,to be allowed to be phased over time as the units are completed. Discussion: Condition of approval No. 19 for FPL 07-2678 currently reads as follows: "A vegetative buffer is required along the eastern property line. This landscape must be planted before the first home in the development receives a final certificate of occupancy. Please contact the Urban Forester for an inspection. " Staff has conducted a site visit and verified that a six-foot wood board fence has been installed along K:VtEP0R=009V'CREP0R7SI04-FEBRUARY23WDM08-3185(BUNGAL0WS@CAT0SPNGSM0D).D0C 02/19/2009 Planning Commission ADM 08-31895 Bungalows @ Cato Springs , Agenda Item 4 Page 1 of 12 the eastern property line of the Bungalows at Cato Springs Subdivision. The required vegetated buffer would have to be planted on the inside of the fence, and would not provide any additional screening for the neighbors to the east. The intent of the original condition was to provide a screen/buffer between the Bungalows at Cato Springs neighborhood and the single family homes on Cline Avenue. Staff finds that the newly installed wood board fence meets the intent of the original PZD, and that the requirement for an additional vegetated buffer should be waived. Further, the narrow space between the fence and the alley(less than five feet)is not wide enough for a standard vegetated buffer and would be difficult to maintain. Photos of the subject area have been included with this report. Public Comment: The City notified all adjacent property owners to the east on Cline Avenue of the subject request. Staff has received phone calls from one neighbor objecting to this request. This neighbor discussed with staff that the developer originally agreed to place the vegetative buffer as part of the original PZD and should be required to install it. The neighbor discussed that the buffer would help reduce aesthetic and noise impacts. Recommendation: Staff recommends approval of ADM 08-3185 to remove condition of approval No. 19 from FPL 07-2678. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: February 23,2009 Comments: The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K.'IREP0RM009WCREP0R7SI04-FEBRUARY23WDM08-3785(BUNGAL0WS@CAT0SPNGSM0D).D0C 02/19/2009 Planning Commission ADM 08-31895 Bungalows.@ Cato Springs Agenda Item 4 Page 2 of 12 Real Practices, Inc. 1310 W.Main St. Russellville,AR 72801 Real Pract;7lices Inc 479.968.2001 i December 16,2008 RECEIVED i DEC 1 2008 ' City of Fayetteville Andrew Gamer PLANNING !SIV, w Senior Planner 125 West Mountain Street i Fayetteville,AR 72701 I Re: Bungalows at Cato Springs i Andrew This letter is in regards to the Bungalows at Cato Springs development. Item# 19 requires a vegetated buffer along the eastern property line prior to Certificate of Occupancy. We would ask that this requirement be waived altogether. If this is not acceptable, we would like to phase the landscape buffer in over time as the ; units are completed. ; i Please place this item on the January 12`h Planning Commission meeting. 7 Sincerer i , I i i i 02/19/2009 Planning Commission ADM 08-31895 Bungalows @ Cato Springs Building Healthy Relation. t 12 f ' OWNER/OMIAPER:JIN P.NNICM PoDigtl Ur 11eS YROPkA1Y sLWJ.ILD 9alMw w PIR.SERM1Y 6UB0AIfD 1m-yE,R et000 �� .:.. ••:•:•• •.••• - — S(WW ADDRESS: 1310 W W1N 5, NAN..aS OElWurto T'sblNt 1K wnatML itaW xWwNIE PPo%WM,zWOD s.aaro/. -e.r a9' _••• xr R1155tL.VR1' '1 ]2801 eL9MMNE iurc u v rW.WAAwbiM coZt ,x""GS um elmMow.tm rnus. FASIEICI ]aY X ta' EN01N MCClF3lPND 1:01 1E WP MIM9FR: 091aY]X 4 0 i Y6tOW a9r 21 lr Bply, AppRE$S: 1810 n0, gEWFD mm NLT 21,1999 rAYE„LHIu. YL702 /PRNg1M191Y iHa 411 . (4]9) {t3-237] AreJf'cl veaRRIY IRs xtna Dx rYXLWWE ixi[s f. (4197 H3-9241 - zow-W zoxE'x' .. ,� ZONE-RMF-24I ""mi�� as N61991)8] 5 j ZONE.-11ZONE.- e�9osom »r ' •.. ZONE.1-1 ' � � bay / ' :) O 1 oaaa vx+o m. rt�iciwwn e l R I PA ew,,.^, e p ------------- AAA ` W� I 1 1 ss mrt C I 1 1/ le 4 21y I for to FII cl ! -r.::. K« t to _ � muxnar.v a 91 ® I 1\ f 1 f 1 E o - w Lor•z i` .r.^13 1 O c 1 tae 1n 7 013 - j w w i �y m Ir �I licRi J. J r —ai a • -r. —f I `° L -La u��ui IL_ __! N, Nb?tlY.e.%f4 H O n 921.25 £OOWr)5f _ ZONE RSF - W resin 4 MTPAZ=600 a USE:RESIDENTIAL SUBDNKM 02/1 911/ 00 CO �M••g4�eWs A Cad• 9enda Item 1895 anni Cat Page 4 of 12 .dua�'dCvv^"✓.si j . 7 i � � n 8 n" .v-.•yt•¢XW"' ^ r t N S t i' 5 � i x 'ni S 1 SC.Meeting of August 30., 2007 Ay R:ICA7 SAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Subdivision Committee FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: AuT•�� '14, '^� Updated August 30 2007 FPL 07-2678: (BUNGALOWS @ CATO SPRINGS, 600): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at N OF CATO SPRINGS RD., W OF CLINE AVENUE. The property is zoned R-PZD 05-1979 BUNGALOWS AT CATO SPRINGS and contains approximately 5.52 acres. The request is for fmal plat approval of a Residential Planned Zoning District with 31 residential lots. Property Owners: Bungalows at Cato,Springs, LLC Planner_Andrew Garner Findings: Background: This property was rezoned from RSF-4, Single-Family Four Units Per Acre to Residential Planned Zoning District(R-PZD) 05-1797, Bungalows at Cato Springs.on December 20, 2005. The R-PZD zoning criteria allows,for single family development in two residential planning areas with a variety of bulk and area regulations. The Preliminary Plat(PPL 06-2011) was approved by the Planning Commission on April 24, 2004. Property: The subject property contains part of two tracts totaling 5.52 acres. The property is located on the north side of Cato Springs Road, west of Cline Avenue. The property has been developed with streets and infrastructure for the Bungalows at Cato Springs Subdivision. The Cato Springs Branch Creek and wooded area traverses north-south near the western edge of the property and an old railroad spur is to the north. The site is zoned R-PZD 05-1797 (Bungalows at.Cato Springs) and as shown in Table 1 is immediately surrounded by single-family residential and undeveloped land, with a variety of zoning. Table 1 Surrounding Land Uses and Zoning _ Direction From Site Land Use Zoning North Undeveloped; Single-Family Residential 1-1 South Single-Family Residential RSF-4 East Single-Family Residential RSF4 West Undeveloped (Cato Springs Branch and associated RSF-4; 1-1 floodplain) RSFA Residential Single-Family Four Units Per Acre '.. RMF-24,Residential Multi-Family 24 Units Per Acre 1-1,Heavy Commercial and Light Industrial K.Teparts00071SC Reports108-30-071PPL 07-2678(Bungalows @ Cato Springs).doc 02/19/2009 Planning Commission ADM 08-31895 Bungalows @ Cato Springs Agenda Item 4 Page 6 of 12 Proposal: The applicant request final plat approval for the Bungalows at Cato Springs Residential Planned Zoning District with 31 residential lots. Water and Sewer: Water and sewer lines have been installed to provide adequate service to the proposed development. Adjacent Master Street Plan Streets: Cato Springs Road(minor arterial)- Right-of-way to be dedicated: 45' from centerline right-of-way along the project's Cato Springs Road frontage, 50' for the proposed South Florida Way, and 24' for the proposed alleys. Street Improvements: As approved as part of the Preliminary Plat, required street Improvements include payment of an assessment to the City for the cost of widening Cato Sprigs Road to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks in the amount of$46,337.50. This assessment for the delayed street improvement is planned to be utilized with the City's improvements of the larger Cato Springs Road improvement project currently being designed. Tree Preservation: Existing: 7.4% Preserved: 1.8% Required: 7.4% Mitigation: Required; 31 two-inch caliper trees to be planted on-site as street streets. Recommendation: Staff recommends approval of FPL 07-2678 with the following conditions: Conditions of Approval: 1. Payment of an assessment to the City for the cost of widening Cato Springs Road to 14' from centerline including storm drains, curb and gutter, pavement and sidewalks in the amount of$46,337.50. 2. Payment of an assessment in the amount of $3,686.50 to the City for the cost of constructing South Florida Way from where it stubs-out, to the north property line (approximately 10'). 3. Add Note No. 15 to state that, "The property owners to the east, Lots 8-14 in the McClinton's Subdivision, have public alley access to their property off of Eastern Loop, by dedication of right-of-way to the property line. Should they desire to construct access to their property from the public alley, the fence and vegetation along the Bungalows at Cato Springs eastern property line may be removed to allow access and the remaining fence and vegetation shall be repaired at the expense ofthe owner/developer constructing the access. " 4. The required fence along the eastern property line shall be constructed and inspected prior to the City signing the final plat. The vegetative plantings must be planted before the first home in the development received a final Certificate of Occupancy. K:IReports1200A3C Reports108-30-07FPL 07-2678(Bungalows @ Cato springs).doc 02/19/2009 Planning Commission ADM 08-31895 Bungalows @ Cato Springs Agenda Item 4 Page 7 of 12 5. Dedication of right-of-way in the amount of 45' from centerline along the project's Cato Springs Road frontage, 50' for the proposed South Florida Way, and 24' for the proposed alleys. 6. Access for all lots is allowed only off of alleys. 7. Interior sidewalks shall be constructed or guaranteed prior to final plat. 8. Street lights shall be installed or guaranteed with a maximum separation of 300 feet and at intersections along Cato Springs Road and the interior streets. Receipts from the electric company indicating installation of these street lights shall be submitted prior to the City signing the final plat. 9. Prior to signing the final plat signs shall be installed and approved at the norther street stub-out indicating future extension of public right-of=way. 10. Payment of$16,650 for 30 new single-family units in lieu of dedication of parkland, prior to final plat. It. The location, height and placement of any landscaped entry feature shall be reviewed by City staff for compliance with ordinance regulations and maintained by the Property Owner's Association. 12 Building permits for homes will be reviewed (plan and elevation) to confirm general compliance with the approved PZD design standards. 13. All existing structures and driveways on the property not incorporated into the subdivision shall be removed and the areas re-vegetated prior to recordation of the final plat. 14. The plat should be revised as follows: a. Zoning Criteria. PA-1. Purpose. Change PA-2 to PA-1 b. Zoning Criteria. PA-3. Purpose. Change RSF-3 to PA-3. C. Lot 32. Add a note that this lot is an un-buildable lot limited to parkland and tree preservation uses. d. Change the Setback Requirements table to be titled "Planning Areas", delete the front side, and rear columns in the table, and add a row under PA-2 listing that PA-3 is lot 32. e. The plat should be revised to have two points in Arkansas State Plane Coordinates. f. Include a note on the plat that all residential driveways shall have a maximum width of 24 feet measured at the right-of-way. 15. Submit a revised copy of the plat to Planning Staff for review prior to obtaining signatures. K.IReportsl200715C ReponsIO8-30-07LFPL 07-2678(Bungaloivs @ Cato Springs).doc 02/19/2009 Planning Commission ADM 08-31895 Bungalows @ Cato Springs Agenda Item 4 Page 8 of 12