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HomeMy WebLinkAbout2010-09-13 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting September 13, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on September 13, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: Consent: 1. Approval of the minutes from the Monday, August 30, 2010 meeting. 2. ADM 10-3654: Administrative Item (AMBERWOOD PRELIMINARY PLAT EXTENSION, 474/475): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTHEAST OF THE INTERSECTION OF DOUBLE SPRINGS/DOT TIPTON ROADS. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 08-2965 and contains approximately 39.98 acres. The request is for an extension of the approval for PPL 09-3316, Preliminary Plat Amberwood Subdivision. Planner: Andrew Garner Old Business: 3. CUP 10-3622: Conditional Use Permit (KILPATRICK/4910 W. WEDINGTON DRIVE): Submitted by SARAH KILPATRICK for property located at 4910 WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.95 acres. The request is for a child care center in the existing residential structure. Planner: Dara Sanders New Business: 4. CUP 10-3627: Conditional Use Permit (RADIO TOWER AT WILLOW CREEK APARTMENTS/775 W. TROUT DRIVE, 405): Submitted by THOMAS ROSSON for property located at 775 W. TROUT DRIVE, WILLOW CREEK APARTMENTS. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately three acres. The request is to replace an existing 50 -foot lattice radio tower and replace it with a 50 -foot flagpole tower for use in a private network for Sweetser Properties. Planner: Andrew Garner 5. RZN 10-3642: Rezone (GARDENS ON PERSIMMON, 477): Submitted by JORGENSEN & ASSOC for property located at 4405 PERSIMMON. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 11.18 acres. The request is to rezone the subject property from RSF-4, RESIDENTIAL SINGLE FAMILY 4 UNITS PER ACRE to P-1, INSTITUTIONAL. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda 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. ave eyfile THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 13, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 1, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-3654: Administrative Item (AMBERWOOD PRELIMINARY PLAT EXTENSION, 474/475): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTHEAST OF THE INTERSECTION OF DOUBLE SPRINGS/DOT TIPTON ROADS. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT 08-2965 and contains approximately 39.98 acres. The request is for an extension of the approval for PPL 09-3316, Preliminary Plat Amberwood Subdivision. Planner: Andrew Garner BACKGROUND Property. The subject property, located southeast of the intersection of Double springs/Dot Tipton Roads, contains approximately 39.98 acres. The property is undeveloped agricultural pasture land, surrounded by rural residential and agricultural land uses. Surrounding Land Use and Zoning: Direction Land Use Zoning North Agricultural/rural residential RSF-1; R -A South Agricultural/Dunnerstock Windsor Subdivision (not developed) RSF-1; RSF-2 East Agricultural/rural residential RSF-1 West Single family residential Washington County Planning Area (1 unit/acre) Background: On April 7, 2009 the City Council approved R-PZD 08-2965 (Amberwood Place) for a residential subdivision with 145 dwelling units (107 single family, 38 two-family). The approved R- PZD is a conservation subdivision that clusters development in certain areas of the site and preserves approximately 47% of the site in greenspace. On July 13, 2009 the Fayetteville Planning Commission approved a preliminary plat for the Amberwood Subdivision (PPL 09-3316). This plat resulted in 145 residential units, along with a number of greenspace and other undevelopable lots. The construction permits for the Amberwood Subdivision have not been obtained. Proposal: The applicant requests a one-year extension for the approval of the Preliminary Plat to expire on July 13, 2011. The applicant indicated that the reason for the extension is due to the slump in the real estate market. The Planning Division received the applicant's extension request on August 25, 2010, within the required 18 month time limit Should this extension be granted, construction permits for the installation of the infrastructure for the preliminary plat must be obtained before the one-year extended deadline. G:\ETC\Development Services Review\2010\Development Review\10-3654 ADM Amberwood PPL Extension \03 Planning Commission\09-13-10\Comments and Redlines September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 1 of 14 RECOMMENDATION Staff recommends approval of ADM 10-3654, the requested extension to PPL 09-3316 (Amberwood Subdivision), with the following conditions: 1. The applicant shall be allowed until July 13, 2011 to obtain all construction permits for the Amberwood preliminary plat. 2. All other conditions of approval PPL 09-3316 (Amberwood) shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(2) gives the Planning Commission authority to extend approval of a preliminary plat one additional year within 18 months of the original approval. In order to extend this approval, the applicant must: (1) request the extension prior to the 18 month time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the 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 extension request to the Planning Division on August 25, 2010 prior to the 18 month time limit ending on January 13, 2011. (2) The applicant has stated that the slow real estate market has delayed this project and additional time is needed before beginning construction. PLANNING COMMISSION ACTION: ❑ Approved Motion: Second: Vote: Meeting Date: September 13, 2010 ❑ Denied ❑ Tabled 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 G:\ETC\Development Services Review\2010\Development Review\] 0-3654 ADM Amberwood PPL Extension\03 Planning Commission\09-13-10\Comments and Redlines September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 2 of 14 1(9/2/2010) Andrew Garner - Amberwood Extension Page 1 From: "Justin Jorg To: Date: 8/25/2010 1:48 PM Subject:'T4lser�voo Attachments: Amberwood Extension.PDF en" <justin@jorgensenassoc.com> e.ar.us> Andrew, Attached please find the request letter to file an extension on Amberwood. Thanks, Justin Jorgensen & Associates 124 W. Sunbridge, Suite 5 Fayetteville, AR. 72703 phone: (479) 442-9127 fax: (479) 582-4807 September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 3 of 14 'JORGENSEN : ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 VEST SUN BRIDGE, SUITE 5 ' FAYEITEVII E ARKANSAS 72703 August 17, 2010 City of Fayetteville 125 W, Mountain St Fayetteville, AR 72701 Attn: Planning Commission (479) 442-9127 FAX (479) 582-4807 DAVID L. IORGENSEN, JUSPLN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. Re: Amberwood Place Subdivision Extension The purpose of this letter is to request for an extension on the Preliminary Plat of the Amberwood Place Subdivision. It was planned to start construction for 27 lots in Phase 1 A of the above mentioned subdivision in the beginning of 2010, but due io the slump in the real estate market the owner has decided to halt those plans for now and recommence in the middle to later part of 2011 There is still a strong belief that this will be a very successful development due to the smaller affordable & diverse housing being offered and the unique nature of this conservation neighborhood. We appreciate your time to review and consider this request, Thank you very much. Sincerely; Justin L. Jorgensen, P.E. Owner / Developer: JRJBCS, LLC. Officer.: DR. LB. I!tfye RECEIVED AUG 2 5 2010 CITY OF FAYOTEVILLE PLANNING DIVISION +n(1ID1f" A1111?vC-I3'.Ir flflTIT( rIMAT YF IA1AT6'A CVCT171%fic=1A/ ACTG4ATA Imp CVc9TGAC-1 t?df Cl !LI 1(Fvrntr' September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 4 of 14 CONDITIONS OF APPROVAL: R-PZD 08-2965 Page 1 of 4 Conditions of Approval for R-PZD 08-2965 (Amberwood Place) 1. Determination of street improvements. Street improvements at the time of development shall include those determined necessary by the Planning Commission, based upon the development proposed. Staff will recommend street improvements warranted with development of the subject property. Based on an initial review of the conceptual development plan, staff will likely recommend, at a minimum, the following street improvements: a. Pavement, curb and gutter, storm drainage, and sidewalks to be constructed along the project frontage for Double Springs Road and Dot Tipton Road including the gap of project frontage in the middle of the project along Dot Tipton Road b. Off-site street improvements will be required along Dot Tipton Road to pave the roadway to a minimum of 20' wide pavement plus the appropriate shoulders from the project boundary east approximately 0.34 mile to 54' Street. 2. Determination of adequate connectivity. Two points of access are provided to the north on Dot Tipton Road. Street stub -outs are provided in the southwest corner, the south-central, and the eastern borders of the site. No street connection is currently being provided to the existing rural residential land uses to the west that border Double Springs Road. The project proposes internal pedestrian connectivity in approximately 18.66 acres of dedicated greenspace and parks; with pedestrian trails to be constructed by the developer. Staff recommends in favor of the proposed connectivity. 3. This project is required to go through preliminary plat review and approval prior to construction. 4. The applicant shall dedicate right-of-way a minimum of 42.5' from centerline right-of-way along the project's Double Springs Road frontage and 25' from centerline along the project's Dot Tipton Road frontage. Dedication of 50' right-of-way width for interior streets and stub - outs. Pedestrian trails shall be dedicated in public access easements. 5. The project is subject to the project phasing noted below. Final plat approval is required to be obtained for the various Planning Areas in this project within the specified timeframe. Extensions may be permitted, pursuant to City ordinance. Phase Milestone Deadline 1 Preliminary Plat Approval 2009 2 Preliminary Plat Approval 2012 3 Preliminary Plat Approval 2014 Construction permits shall be obtained within 1 year of preliminary plat approval, and construction sha be completed with a final plat recorded within 3 years of permit issuance, in accordance with City ordinance. J '------/\.___.---•\_____—. \ 6. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building setbacks or utility easements. 7. Buildings shall be constructed to be consistent with the elevations and concepts and architectural standards depicted in the building elevations in the booklet as specified. September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 5 of 14 aye le THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE:ulamy 2009 Updated August 17. 2009 rThr CPC Meeting of July 13, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PPL 09-3316: Preliminary Plat (AMBERWOOD PLACE R-PZD, 474/475): Submitted by JUSTIN JORGENSEN for property located at S OF DOT TIPTON RD AND E OF DOUBLE SPRINGS RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 39.98 acres. The request is for preliminary plat approval of a subdivision with 145 residential units, 165 lots total. Planner: Andrew Garner Findings: Property: The subject property, located southeast of the intersection of Double springs/Dot Tipton Roads, contains approximately 39.98 acres. The property is undeveloped agricultural pasture land, surrounded by rural residential and agricultural land uses. Surrounding Land Use and Zoning: Direction Land Use Zoning North Agricultural/rural residential RSF-1; R -A South Agricultural/Dunnerstock Windsor Subdivision (not developed) RSF-1; RSF-2 East Agricultural/rural residential RSF-1 West Single family residential Washington County Planning Area (1 unit/acre) Background: On April 7, 2009 the City Council approved R-PZD 08-2965 (Amberwood Place) for a residential subdivision with 145 dwelling units (107 single family, 38 two-family). The approved R- PZD is a conservation subdivision that clusters development in certain areas of the site and preserved approximately 47% of the site in greenspace. Proposal: The applicant requests preliminary plat approval to create a 145 -unit residential subdivision. The subdivision would contain 145 residential lots and a number of greenspace and other undevelopable lots. After utilities have been installed to serve each lot and the proposed street has been constructed, the applicants will be able to proceed with a final plat application. Water and Sewer System: Water and sewer lines would be extended to serve the development. Adjacent Master Street Plan Streets: Double Springs Road (Minor Arterial), Dot Tipton Road (Local). K.'IReports120091PC Repor:s116July /31PPL 09-3316 (AmberwoodPlace).doc September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 6 of 14 Right-of-way to be dedicated: 42.5' from centerline right-of-way along the project's Double Springs Road frontage and 25' from centerline along the project's Dot Tipton Road frontage. Dedication of 50' and 43' right-of-way width for interior streets and stub -outs. Access: Two access points to the site are provided from Dot Tipton Road to the north. Two street stub -outs are provided to the south and a street stub -out is also provided to the east. Many of the homes are clustered in pods accessed off of shared private drives or motor courts. A row of seventeen homes are located along the northern side of Amberwood Park and are accessed off of a rear alley, with the front of the homes facing the park. Connectivity: Connectivity to the north is provided with two primary entrance points into the subdivision off of Dot Tipton Road. Street stub -outs are provided in the southwest corner, the south- central, and the eastern borders of the site. No street connection is proposed to the existing rural residential Lots to the west. These lots are approximately two acres in size. Most of the public streets have sidewalks only on one side of the street as there are public pedestrian trails in the connected greenspace to the rear of the homes. Parking: Parking is provided in attached or detached garages for all of the residences. There is on - street parallel parking along both sides of the street to the south of Amberwood Park in the central portion of the site. Street Improvements: Staff recommends, at a minimum, the following street improvements: a. Pavement, curb and gutter, storm drainage, and sidewalks to be constructed along the project frontage for Double Springs Road and Dot Tipton Road including the gap of project frontage in the middle of the project along Dot Tipton Road. b. Off-site street improvements will be required along Dot Tipton Road to pave the roadway to a minimum of 20' wide pavement plus the appropriate shoulders from the project boundary east approximately 0.34 mile to 54th Street. Phasing: The subdivision is proposed to be built in phases, in accordance with the phasing approved with the PZD. The phase lines and a phasing chart is included on the preliminary plat. Tree Preservation: Existing Canopy: 0.81% Preserved Canopy: 0.0% Required Canopy: 0.81% Mitigation: six two-inch caliper large species trees Public Comment: Staff has received one email from a property owner in the vicinity and has included this email in the staff report. Staff has also discussed this development with an adjacent property owner who had concerns with the alignment of Private Drive 8 in relation to their property. To address this neighbor's concerns the applicant has modified the alignment of this drive. Recommendation: Staff recommends approval of PPL 09-3316 (Amberwood Place) with the following conditions of approval: K:IReparts120091PC Reporm116-July /31PPL 09-3316 (AmberwoodPlace).doc September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 7 of 14 Conditions of Approval: developer construct thc f llowing street impr vemcnts prior to the final plat for Phase I of the development: the project frontage for Double Springs Road and Dot Tipton Road including the gap of project frontage in the middle of the project along Dot Tipton Road. b. Off site street improvements along Dot Tipton Road to pave the roadway to a minimum of 20' wide pavement plus thc appropriate shoulders from tine project boundary cast approximately 0.31 milt to 5f Street. PLANNING COMMISSION RECOMMENDED IN FAVOR OF THIS CONDITION (07-13-09). CITY COUNCIL MODIFIED THIS CONDITION PER ADM 09-3390 (08-04-09) TO REQUIRE THE FOLLOWING STREET IMPROVEMENTS: The following street improvements shall be required: • Prior to Final Plat of Phase I, the developer shall be responsible for installation of curb and gutter, storm drainage and sidewalks on the south side of Dot Tipton Road, along the eastern section of the Amberwood Subdivision street frontage (approximately 600 feet). • Prior to Final Plat of Phase I, the developer shall construct drainage improvements at three locations on Dot Tipton Road as determined by the City Engineer. • Dot Tipton Road is required to be paved prior to Final Plat of Phase L Prior to the City paving Dot Tipton Road, the developer shall contribute $150,000.00 to the City for the Transportation Department to pave Dot Tipton Road from Double Springs Road to 54th Street. • Prior to Final Plat of Phase III, the developer shall construct pavement, curb and gutter, storm drainage and sidewalk along the project's Double Springs Road and Dot Tipton Road frontage, including the gap of project frontage in the middle of the project along Dot Tipton Road, connecting to the street improvements constructed with Phase I. 2. The applicant shall dedicate right-of-way in the following amounts: • 42.5' from centerline right-of-way along the project's Double Springs Road frontage • 25' from centerline along the project's Dot Tipton Road frontage. • 50' and 43' right-of-way width, respectively for interior streets and stub -outs. 3. Private Drive 8 has been modified from the PZD approval from the rear of the lots to the front of the lots. This change appears to have modified the planning area boundaries and associated acreages and density in the zoning criteria. Approval of this preliminary plat shall be subject to approval by the City Council for an amendment to the PZD. If the amendment is not granted, the preliminary plat approval shall be null and void. CITY COUNCIL AMENDED THE PZD TO PERMIT THIS MODIFIED ALIGNMENT OF PRIVATE DRIVE 8 (08-04-09). SEE ADM 09-3386. 4. The preliminary plat indicates a 0 -foot rear building setback for accessory structures. The R- K:1Reports120091PC Reports116-July I3IPPL 09-3316 (AmberxoodPlace).doc September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 8 of 14 PZD zoning criteria requires a 10 -foot setback for all structures. In order to change the setback as noted on the preliminary plat an administrative request would need to be submitted for Planning Commission and City Council review and approval. Staff recommends the applicant evaluate the recently adopted reduced setbacks for accessory structures to see if it would meet the needs of this development request. CITY COUNCIL AMENDED THE PZD TO PERMIT A MODIFIED REAR BUILDING SETBACK FOR ACCESSORY STRUCTURES (08-04-09). SEE ADM 09-3386. 5. Parkland dedication. The Parks and Recreation Advisory Board reviewed this project at the April 6, 2009 meeting and recommended accepting approximately 2.32 acres for a neighborhood park within the development and dedication of approximately 1.16 acres of off site land located along Owl Creek. The deeds for parkland shall be filed of record prior to final plat. 6. All public streets shall comply with the City's design standards. 7. Street lights shall be installed at all intersections and with a maximum separation of 300 feet and at every intersection in accordance with City ordinance prior to signing the final plat. 8. The private access drives and shared driveways shall be placed within an access easement at the time of final plat. 9. Prior to building permit architectural elevations of the proposed homes shall be submitted for review in compliance with the conceptual PZD elevations. 10. This subdivision is subject to all requirements and conditions of the Amberwood R-PZD 08- 2965. 11. Revise the plat to include a table listing all of the lots and the planning areas they are in. 12. Staff does not recommend in favor of a gravel pedestrian trail, unless the gravel is crushed to a small enough size to allow for easy pedestrian and bicycle use. Revise note 14 on the plat to address this issue. 13. Pedestrian trails shall be constructed prior to final plat, for the portions of the trails located in the areas of the subdivision being developed at that time. 14. Driveways shall be shared when feasible as indicated on the approved PZD plats. 15. All conditions of approval for Amberwood PZD 08-2965 apply to this subdivision including the requirement that a solid/opaque fence such as a standard six-foot woodboard privacy fence shall be prohibited between the backyard of homes and the greenspace areas. A note should be added to the plat indicating this requirement. Landscape Conditions: 16. Please review the checklist above and address all comments marked with the letter "N". K: IReporfs120091PC Reports116-July 131PPL 09-3316 (AmberwoodPlace).doc September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 9 of 14 17. Before construction document approval, the landscape plan must be stamped by a Landscape Architect licensed within the state of Arkansas. 18. Street trees are required for private streets. Add 1 tree for each lot 119-132 Street Trees, 1 provided for each lot shall be planted in the public right-of-way on public streets and within 15" of the street edge along private road ways. 19. All street trees planted with this development must have a surety/guarantee to be issued (bond/letter of credit/cash) for a 3 year term at time of final plat. 20. Based on current plan calculations there are 23 mitigation trees required. The Tree Mitigation form and the Landscape Plan detail a total of 145 mitigation trees will be planted. Please be advised this is not necessary but if these trees are labeled as "mitigation" trees a surety will be need to be paid and a 3 -year inspection will occur. I suggest identifying the 23 mitigation trees independently and labeling additional trees as "Landscape Trees" 21. Any mitigation trees planted must have a surety/guarantee to be issued (bond/letter of credit/cash) for 3 year term at time of final plat. Tree Preservation Conditions: 22. On future plans for construction the tree protection fencing will need to be show as a distinct line. If erosion control and tree protection fencing are to be combined in certain areas clearly identify these areas. 23. Proposed mitigation is for one tree per lot and shown in the back yard. City staff is not in support of this. Based on previous development 3 year mitigation inspections trees have been hard to inspect due to fences and dogs. Additionally, if the tree is dead or missing and needs to be replaced the responsible party no longer owns the property and can not access it to replace the tree. The plan would be better supported if the 23 required mitigation trees were planted in common areas such as around the retention pond. The additional trees the applicant is proposing to plant should be labeled as landscape trees. 24. Private road ways that contain home frontages require street trees, 1 per lot for lots 119-132 Standard Conditions of Approval: 25. All signage shall be reviewed and approved by the Planning Department prior to installation. Freestanding signage is not permitted within utility easements, unless otherwise approved by all utility companies. 26. All street names and addresses shall be approved by the 911 coordinator. 27. 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). 28. 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 K:IReports120091PC Reports116-July 131PPL 09-3316 (AmberwoodPlace).doc September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 10 of 14 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. 29. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 30. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 31. Preliminary Plat approval shall be valid for one calendar year. Planning Commission Action: X Approved ❑ Denied ❑ Tabled Motion: Graves Second: Kennedy Vote: 7-0-0 Meeting Date: July 13, 2009 K:IReports120091PC Reports116-July 131PPL 09-3316 (AmberwoodPlace).doc September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 11 of 14 September 13, 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 12 of 14 1 r,4 G9 t TJ®! WIN On= ®®®13111®Pri moMMOMMISO I®®, 111u NOq t&AMEO ST ootprints 2010 Hillside -Hilltop Ov Design Overlay Di awl Design Overlay Di Planning Area 0 Fayetteville rlay District trict trict 0 250 500 1.000 1.500 zoo Foot Sep - mber 13, 2010 Plan uny Gununmaiu ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 13 of 14 Legend Subject Property AOM103654 Boundary 0.25 0.5 Trail (Existing ti ture Trai Muti-Use ail (Existing ••••••.•• Future Trails ALBERT Hillside-Hilltnn Overlay District ADN 10-3654 Desi;n Overlay District Plan -ling Area Faye tteville 1 i iMr 13 2010 Planning Commission ADM 10-3654 Amberwood PPL Extension Agenda Item 2 Page 14 of 14 4 ay freu__e ARK A N Fi PC Meeting of September 13, 2010 THE CITY OF FAYLT IFNILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Development Services DATE: September 1, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 10-3622: Conditional Use Permit (KILPATRICK/4910 W. WEDINGTON DRIVE): Submitted by SARAH KILPATRICK for property located at 4910 WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.95 acres. The request is for a child care center in the existing residential structure. Planner: Dara Sanders BACKGROUND: Property description: The subject property is located at the northwest comer of the Wedington Drive/Broyles Avenue "T" intersection. The 1.95 -acre tract is zoned R -A, Residential Agricultural and contains an unoccupied single-family dwelling, which is accessed by a single driveway. USE AND ZONING Direction Land Use Zoning North Tandem lot development RSF-4, Residential Single-family, 4 du/acre South Marinoni Farm R -A, Residential Agricultural East Church R -A, Residential Agricultural West Single-family home R -A, Residential Agricultural Proposal: The applicant requests a conditional use permit to operate a child care facility in the R -A zoning district with a maximum of 40 children. The child care facility will be located in the existing structure containing approximately 2,259 square feet, of which approximately 1,435 sq. ft. will be devoted for child care use and the remainder for office and kitchen space. A section of the fenced backyard will be used for an outdoor play area. The play area will total approximately 4,157 square feet and is proposed to be used by 10 children at one time. Proposed hours of operation are from 6:30 am to 6:00 pm. The approximate dimensions of the facilities provided are as follows: Outdoor Play Area: Lot Size: Indoor Play Area: 4,157 square feet 1.95 acres 1,435 square feet G:IETCIDEVELOPMENTSERVICES RE VJEW120101DEVELOPMENT RE VIEWIO-3622 CUP 4910 W WEDINGTON KILPATRICK DAY CARE CENTERI03- PLANNJN'G COMMISJSONI09-13-2010110-3622 PLNG COMMENTSDOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 1 of 14 Public Comment: Staff has not received public comment. Sidewalks: The Sidewalk Coordinator has reviewed the site for sidewalk construction or money in -lieu requirements. There is an existing multi -use trail constructed at the public right-of-way line on both sides of Wedington Drive, therefore neither sidewalk construction, nor money in - lieu is required. RECOMMENDED MOTION: Staff recommends approval of CUP 10-3622 with the following conditions of approval: 1. Prior to the issuance of a Certificate of Zoning Compliance, the applicant shall provide a copy of an approved license from the Department of Health and Human Services for a child care facility. 2. Prior to the issuance of a Certificate of Zoning Compliance, the applicant shall construct a parking lot and driveway on the subject property in accordance with City standards. 3. Prior to construction of the parking lot and driveway, the parking lot and driveway shall be reviewed through the Site Improvement Plan process in compliance with all City development regulations. 4. Prior to development approval, the applicant shall receive variance approval from the Board of Adjustment to bring the nonconforming lot into compliance with the lot width and area requirements of the R -A zoning district. 5. No more than 40 children or the number approved by the state's licensing board, whichever is fewer, shall be permitted at this childcare facility. 6. Staff recommends that the hours of operation be limited to Monday through Friday 6:30 AM to 6:00 PM. 7. Play equipment associated with the daycare shall be kept within the fenced outdoor play area. 8. Signage shall comply with the requirements of Chapter 174, Signs, and shall be permitted separately by a sign permit application. 9. The applicant shall coordinate with the Solid Waste Division to coordinate solid waste service. G:IETCIDEVELOPMENT SERVICES RE VIEWI20101DEVELOPMENT REVIEWI10-3622 CUP 4910 W. WEDINGTON KILPATRICK DAY CARE CENTERI03- PLANNING COMMISISON109-13-2010110-3622 PLNG COMMENTS.DOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 2 of 14 PLANNING COMMISSION ACTION: Required YES 9 Approved Motion: Second: Vote: Date: September 13, 2010 ❑ Tabled ❑ Denied FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These areas are almost exclusively residential in nature, with conventional setbacks. This zone recognizes conventional subdivision development but encourages traditional neighborhood development that incorporates low -intensity non-residential uses. 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 a conditional use permit for a child care facility (Use Unit 4) within the R -A 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. G: IETCIDEVELOPMENT SERVICES REVIEW120I01DEVELOPMENT REVIEWII0-3622 CUP 4910 W. WEDINGTON KILPATRICK DAY CARE CENTERI03- PLANNING COMMISISON109-13-2010110-3622 PLNG COMMENTS. DOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 3 of 14 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 § 161.03 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: In staff's opinion granting the requested conditional use should not adversely affect the public interest. Staff finds that the service will provide a resource to satisfy child care needs in the surrounding neighborhoods, which include the Fieldstone and Bellwood subdivisions to the northeast and Persimmon Place to the south. The peak of traffic will occur before 9:00 a.m. and after 4:00 p.m., during drop-off and pick-up. The average daily vehicle trips generated by a child care service for 40 children at this location would substantially increase traffic volumes in this area when compared to the vehicle trips generated by a single-family home; however, Wedington Drive is an improved 5 -lane Principal Arterial, which is designed to accommodate approximately 17,600 vehicle trips per day. (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: The subject property has access from Wedington Drive. The average daily vehicle trips generated by a child care service for 40 children at this location G:IETCIDEVELOPMENT.SERVICES RE VIEWI20101DEVELOPMENT REVIEWIIO-3622 CUP 4910 W WEDINGTON KILPATRICK DAY CARE CENTERI03- PLANNING COMMISISONI09-13-2010110-3622 PLNG COMMENTSDOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 4 of 14 would substantially increase traffic volumes in this area when compared to the vehicle trips generated by a single-family home; however, Wedington Drive is an improved 5 -lane Principal Arterial, which is designed to accommodate approximately 17,600 vehicle trips per day. Additionally, there is a multi -use trail on both sides of Wedington Drive providing safe pedestrian access to the property. The driveway for the daycare parking lot will be reviewed for compliance with the Access Management Ordinance at the time of development review. (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: Chapter 172 requires one parking space per employee and one parking space per ten children. The required amount of parking required by this request is a total of 9 parking spaces, and sufficient area exists on the property to construct a parking lot to City standards. The applicant has included a drawing indicating the proposed location of the parking lot. While it is not to scale, the submitted site plan indicates that the applicant is aware of the dimensional and landscaping requirements for an improved parking lot on the subject property. Construction of the parking lot will be required prior to the issuance of a Certificate of Occupancy. The exact parking lot configuration will be determined and reviewed for compliance with City standards. In addition to parking lot construction, the existing residential driveway will have to be widened in order to meet the minimum driveway dimensional requirement for a parking lot containing 9 spaces or more. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. If a commercial dumpster is utilized, the applicant shall construct a dumpster screen with materials that are consistent with and complimentary to the primary structure. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: There are existing water and sewer lines serving the subject property. G:IETCIDEVELOPMENT SERVICES RE VIEWI20101DEVELOPMENT REVIEWIIO-3622 CUP 4910 W WEDINGTON KILPATRICK DAY CARE CENTERI03- PLANNING COMMISISOM09-13-2010110-3622 PLNG COMMENTS. DOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 5 of 14 Finding: N/A (e.) Screening and buffering with reference to type, dimensions, and character; (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: Signage shall comply with the requirements of Chapter 174, Signs, and shall be permitted separately by a sign permit application. (g.) Required yards and other open space; and Finding: The subject property meets the requirements for a child care facility with maximum of 40 children in regards to lot area. The ordinance requires "a minimum outdoor play space of 80 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time", and the applicantproposes a maximum of 10 children in the outdoor play area at one time. Required Provided Minimum lot area 250 SF/child = 0.23 acre 1.95 acre Minimum Outdoor Play Area 80 SF/child = 800 SF* 4,157 SF * 10 children maximum are proposed to be in the play area at one time. (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the proposed use is consistent with the City Plan 2025 Residential Neighborhood Area designation, which encourages low -intensity, non-residential uses where appropriate. The adjacent and surrounding properties consist of single-family residential, agricultural, and institutional uses. The proposal to utilize this lot for a child care facility could serve the surrounding neighhorhoods. Staff finds that the proposed use is compatible with adjacent properties and will not create a negative impact on adjacent or nearby properties given the relatively large separation of the existing structure from adjacent structures and because this use does not produce large truck traffic, noise pollution, or other affects that would be considered incompatible. 163.05. CHILD CARE; NURSERY SCHOOL A. Minimum lot area. All such establishments shall be located on lots which contain a G: IETCIDEVELOPMENT SERVICES REVIE/1120101DEVELOPMENT REVIEW110-3622 CUP 4910 W. WEDJNGTON KILPATRICK DAY CARE CENTERI03- PLANNING COMMISJSOM09-13-2010110-3622 PLNG COMMENTS.DOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 6 of 14 minimum area of 250 square feet per child. Finding: The subject property does meet the requirements for a child care facility with 250 square feet of lot area per child for 40 children. Minimum lot area Required Provided 250 SF x 10 children = 0.23 acres 1.95 acres B. Minimum outdoor play space. Provide a minimum outdoor play space of 80 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. Finding: The subject property does meet the outdoor play space requirements for a child care facility. The applicant proposes to allow no more than 10 children in the outdoor play area at one time: Minimum outdoor play area Required Provided 80 SF x 10children = 800 SF 4,157 SF C. Number of children. In an R-1 zone, a child care facility may be approved as a conditional use of no more than 10 children, or the number of children approved by the State's licensing board, whichever is fewer. Finding: The subject property is located within the R -A zoning district. No more than 40 children or the number approved by the state's licensing board, whichever is fewer, shall be permitted at this childcare facility. G: IETCIDEVELOPMENT SERV/CES REVIEWI20101DEVELOPMENT REVIEW110-3622 CUP 4910 W WEDINGTON KILPATRICK DAY CARE CENTERI03- PLANNING C'OMMISISON109-13-2010110-3622 PLWG COMMENTSDOC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 7 of 14 W al MMbn pY. ilgiVe Ft September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 8 of 14 %ii h cV1c)0 std 64 llfjr, 4 �:r l (4 S 'nl-�i-'i�,l�� f.V yowl q i&cc, %. 1 7 13m —1 I—\ 1 :lava qe, IP -x4 i ,JY'(j 1n ILLS \M'r \ct B1p171 Window .00m +o Ise itOeC September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 9 of 14 Requirement 43 A. 1819 square feet of existing heated space to be used. An additional 440 square feet will be used upon improvements. Need to install a bathroom, and extend the heating and air source. B. 10 parking spaces are to be made, and there are 10 that are required. C. Hours of Operation 6:30am-6pm Monday thru Friday, 5 Employees, 40 maximum children served per day. D. No outdoor lighting is necessary. E. No noise issue F. No screening or buffering G. A dumpster will be purchased and a picket fence will be built around it. H. Trafficking should not be a problem. I. There are two residential homes, and three churches surrounding the proposed property. 1 believe that a childcare center would be an asset to the churches. In addition it would only operate during normal business hours and should not disrupt anything that the residential properties would have going. The center would not be in operation during the hours that the churches operate therefore we should not have any conflict with them either. September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 10 of 14 CUP10-3622 Close Up View KILPATRICK R5F1 REX-4 RSF1 1 o RSC -4 w LUt3JECT PROPERTY PRESCCTT67 RSF.1 PRIVATE 1250 R8F-4 Legend.. F azorbhOk_Bustor Muta-Use Trail (Ex sting) fi.iv is µFootprints 2010 Hillside -Hilltop Ove I Design Overlay Di 1 Design Overlay Di Planning Area Fayetteville rlay District 5trlct Arid 0 125 250 500 750 1.000 Feel RPZO FIELDSTONE AVE RSF.1 RSFI RT -1 RWF1 September 13, 2010 manning Uommission CUP 10-3622 Kilpatrick Agenda Item 3 Page 11 of 14 KILPATRICK ROP -4 O`�p "JlasFe RSF4f18F4RBF4 - RSF4 WOOD DUCK RSF4 - RSF-1 RSF DR 1 V 1 YI RSF.1 C'�Y' II- ■ N▪ RBf4 r. !fro. ■ • • 4 RSF-0 RSFI j} RSF4 RBµ . RSF4R4 r�&� _P M;4 UMR T= �eosT � �m PAPP ll? Rp2o c.5,1 RSF4 . HOM"- UN DR -FLAGSTICK DR . a RFm 41- '.PT t f,.+^i ' rr. - e 1--1L DRSF.1 Rrm .a t }, Overview 111 IJ i f � f � :4--. -Prf 111 r 1 ' .}trig 1 ift'.1�4 fi it! .11i 1 Illi & RBF ll —�•f' 9 Irll,,I �3'c i:FrL RSF �F4 RBF. RSF-1 RSFa ic RIF lip, ' _ a° UyJRSF4 Legend Subject Property CUP10-3622 i Boundary t F 0 0.25 0.5 CUF 10-3622 Design Overlay District Plan ning Area Fayetteville 1n4 iles 0 Planning Commiss on CUP 10-3622 Kilpatrick Agenda Item 3 Page 12 of 14 Seotember 13 20' CUP10-3622 Close Up View KILPATRICK SUBJECT PROPERTY . h: • • footprints 2010 Hillside -Hilltop Ov t_. ! Design Overlay Di w:.21 Design Overlay Di Planning Area Fayetteville rlay District .trict •trict 125 250 500 750 1,000 Feet September 13, 2010 arming ommission CUP 10-3622 Kilpatrick Agenda Item 3 Page 13 of 14 September 13, 2010 Planning Commission CUP 10-3622 Kilpatrick Agenda Item 3 Page 14 of 14