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HomeMy WebLinkAbout2012-08-13 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting August 13, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on August 13, 2012 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 Consent: 1. Approval of the minutes from the July 23, 2012 meeting. 2. ADM 12-4195: Administrative Item (1637 DEANE STREET/DEANE STREET COTTAGES, 365): Submitted by TIM BRISIEL for property located at 1637 DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acre. The request is to modify condition of approval #2 for ADM 12-4130 to allow the existing home at 1637 Deane Street to receive a certificate of occupancy without the driveway being paved. Planner: Andrew Garner Old Business: 3. ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by WILL HOUSTON for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to modify the location of the stage and the size of the outdoor music area approved with CUP 12-4084. Planner: Quin Thompson 4. ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558) Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests a variance of the I-540 Design Overlay District standards to allow direct lighting for a sign (message board sign). Planner: Andrew Garner New Business: 5. ADM 12-4208: Administrative Item (262 N. SCHOOL/KINGFISH, 484): Submitted by KINGFISH BAR for property located at 262 N. SCHOOL AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.15 acre. The request is to modify the hours of operation approved with conditional use permit for outdoor music (CUP 11-3770). Planner: Andrew Garner 6. ADM 12-4175: Administrative Item (OAKBROOKE PHASE III/JOYCE, 361): Submitted by JEB JOYCE for property located at OAKBROOKE PHASE III. The property is zoned Oakbrooke III R-PZD 09-3439 and contains a total of 20.88 acres. The request is to modify Oakbrooke Phase III, RPZD 09-3439, by reducing the density of Planning Areas 1, 3, & 4 from 129 dwelling units to 68 dwelling units. Planner: Jesse Fulcher 7. ADM 12-4206: Administrative Item (PROJECT MAPLE/555 MAPLE, 484): Submitted by MODUS STUDIO for property located at the northwest corner of West Street and Lafayette Street. The property is zoned DG, Downtown General and contains approximately 2.96 acres. The request is for a variance from the Downtown Design Overlay District standards to allow the stoop length to exceed 25% of the principal facade and for a perforated metal fence configuration along the west and south side of the building. Planner Jesse Fulcher 8. CUP 12-4178: Conditional Use Permit (5513 GEORGE ANDERSON RD./MOORE, 101): Submitted by ALAN REID for property located at 5513 GEORGE ANDERSON RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 17.95 acres. The request is for the continued use of an accessory structure without a principal structure on the same lot due to a lot split. Planner: Quin Thompson 9. CUP 12-4179: Conditional Use Permit (2536 MCCONNELL/WASHINGTON CO. FAIRGROUNDS, 287): Submitted by NATALIE BARTHOLOMEW for property located at 2536 MCCONNELL. The property is zoned R- A, RESIDENTIAL AGRICULTURE and contains approximately 30 acres. The request is for a temporary campground during Bikes, Blues, & BBQ at the Washington County Fairgrounds. Planner: Andrew Garner The following items have been approved administratively by City staff: • LSP 12-4162: Lot Split (PARADISE VALLEY GOLF COURSE/2385 & 2407 E. JOYCE BLVD./LINDSEY, 176): Submitted by JORGENSEN & ASSOCIATES for property located at PARADISE VALLEY GOLF COURSE AND 2385 & 2407 EAST JOYCE BOULEVARD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL AND RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains a total of 75.00 acres. The request is a lot split and property line adjustment to result in four tracts of approximately 72.82, 0.58, 0.63, and 0.84 acre. Planner: Andrew Garner • LSP 12-4139: Lot Split (5513 S. GEORGE ANDERSON RD./MOORE, 101): Submitted by ROBERT J. CASTER for property located at 1201 SOUTH MORNINGSIDE DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains a total of 19.81 acres. The request is to divide the subject property into two tracts of approximately 2.01 and 17.80 acres. Planner: Quin Thompson • LSP 12-4158: Lot Split (1890 N. BEST FRIEND LN./OAKBROOKE PH II LOT 36, 361): Submitted by BATES AND ASSOCIATES for property located at 1890 NORTH BEST FRIEND LANE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT and contains a total of 0.29 acre. The request is to divide the subject property into two tracts of approximately 0.16 and 0.13 acre. Planner: Quin Thompson • LSP 12-4188: Lot Split (SOUTHWEST CORNER OF WEDINGTON DR. AND SALEM RD./EL MATADOR, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at the Southwest corner of WEDINGTON RD and SALEM RD.. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT, and contains a total of 5.36 acres. The request is to divide the lot into two lots containing approximately 1.45 and 3.91 acres. Planner: Jesse Fulcher 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 ca11575-8330. 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 23, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: ACTION TAKEN MINUTES: July 9, 2012 Approved Page 3 PPL 12-4159: Preliminary Plat (W. VAN ASCHE DR/TWIN CREEK PH III LOT 19A, 172): Page 3 Approved LSP 12-4154: Lot Split (NORTH ROBSHIRE LN./AGEE, 453): Page 3 Approved LSP 12-4153: Lot Split (S. OF 4625 E. BRIDGEWATER LN./REO HOLDINGS, 219): Page 3 Approved Old Business: ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 4 Tabled RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Page 5 Forwarded New Business: ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558): Page 6 Tabled CUP 12-4163: Conditional Use Permit (1201 S. MORNING SIDE DRIVE/NANTUCKET PH 4, 563): Page 7 Approved CUP 12-4165: Conditional Use Permit (2925 OLD MISSOURI RD./GOOD SHEPHERD LUTHERAN CHURH, 253): Page 8 Approved RZN 12-4164: Rezone (1420 N. GARLAND AVE./BONDS, 405): Page 9 Forwarded Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 1 of 16 RZN 12-4166: Rezone (S. OF BROOKBURY CROSSING/RIGGINS, 294): Page 10 Forwarded ADM 12-4171: Administrative Item (AMEND UDC CH.166; DEVELOPMENT, 523): Page 11 Forwarded ADM 12-4173: Administrative Item (AMEND UDC SECTION 166.04/ACCESS TO PUBLIC WATER AND SEWER): Page 12 Withdrawn Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 2 of 16 MEMBERS PRESENT William Chesser Tracy Hoskins Craig Honchell Porter Winston Kyle Cook Ryan Noble Matthew Cabe Blake Pennington STAFF PRESENT Andrew Garner Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present except for Commissioner Bunch. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 3 of 16 Consent: Approval of the minutes from the July 9, 2012 meeting. PPL 12-4159: Preliminary Plat (W. VAN ASCHE DR/TWIN CREEK PH III LOT 19A, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located on WEST VAN ASCHE DRIVE (CMN BUISNESS PARK). The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.15 acres. The request is for a commercial subdivision with 8 lots. LSP 12-4154: Lot Split (NORTH ROBSHIRE LN./AGEE, 453): Submitted by BLEW AND ASSOCIATES for property located at NORTH ROBSHIRE LANE. The property is in the PLANNING AREA and contains a total of 20.07 acres. The request is for a variance of the lot width requirements in the Planning Area. LSP 12-4153: Lot Split (S. OF 4625 E. BRIDGEWATER LN./REO HOLDINGS, 219): Submitted by BLEW AND ASSOCIATES for property located SOUTH OF 4625 EAST BRIDGEWATER LANE. The property is in the PLANNING AREA and contains a total of 9.99 acres. The request is for a variance of the lot width requirements in the Planning Area. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0 Commissioner Bunch arrived after consent agenda. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 4 of 16 Old Business: ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the conditional use permit. Andrew Garner, Senior Planner gave the staff report. Joe Brooks, applicant, gave an update. Harley Hunt, Fire Marshall, discussed that he did not see a problem with placing the outdoor music area across the drive aisle as there are other fire access points. No public comment was presented. Motion: Commissioner Cabe made a motion to table ADM 12-4168 until 8-13-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 5 of 16 RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. for properties located at 4054 & 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT (OAKBROOK IHI) and contain approximately 1.80 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Jesse Fulcher, Current Planner, gave the staff report. Wayne Kobash, applicant, had no additional comments. Motion: Commissioner Chesser made a motion to forward RZN 12-4146 to City Council. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-1, with Commissioner Hoskins recusing. New Business: Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 6 of 16 ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558) Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests a variance of the I-540 Design Overlay District standards to allow direct lighting for a sign (message board sign). No staff report or public comment was presented as the applicant had requested this item be tabled. Motion: Commissioner Cook made a motion to table ADM 12-4182 until 8-13-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 7 of 16 CUP 12-4163: Conditional Use Permit (1201 S. MORNING SIDE DRIVE/NANTUCKET PH 4, 563): Submitted by CIVIL DESIGN ENGINEERS for property located at 1201 SOUTH MORNING SIDE DRIVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.36 acres. The request is for a conditional use permit for offsite and shared parking. Andrew Garner, Senior Planner, gave the staff report. Ferdinand Fourie, applicant, was present for any questions. No public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 12-4163 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 8 of 16 CUP 12-4165: Conditional Use Permit (2925 OLD MISSOURI RD./GOOD SHEPHERD LUTHERAN CHURN, 253): Submitted by DEMX ARCHITECTURE for property located at 2925 OLD MISSOURI ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 3.80 acres. The request is to allow a church addition, Use Unit 4, in RSF-4 zoning district. Andrew Garner, Senior Planner, gave the staff report. Cara Mikaly was present for the applicant. No public comment was presented. Commissioner Chesser asked staff about rezoning the site to P-1. Garner stated that was discussed with the church but they elected to move forward with the conditional use permit because it was a quicker process. Motion: Commissioner Chesser made a motion to approve CUP 12-4165 as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 9 of 16 RZN 12-4164: Rezone (1420 N. GARLAND AVE./BONDS, 405): Submitted by BOB BONDS for property located at 1420 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 0.28 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Jesse Fulcher, Current Planner, gave the staff report Bob Bonds, applicant, stated that he agreed with staff's recommendation. Commissioner Cook asked staff to describe the uses allowed in Use Unit 12. Fulcher gave a brief description of the uses and sizes allowed. Motion: Commissioner Chesser made a motion to forward RZN 12-4164 to City Council. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 10 of 16 RZN 12-4166: Rezone (S. OF BROOKBURY CROSSING/RIGGINS, 294): Submitted by ENGINEERING SERVICES, INC. for property located SOUTH OF BROOKBURY CROSSING. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 20.99 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. Andrew Garner, Senior Planner, gave the staff report. Mickey Harrington, attorney for the property owner, agreed with staff's comments. Commissioner Winston requested the City Attorney mention the items that were allowed to be considered and discussed by the Planning Commission for a rezoning. Kit Williams, City Attorney, discussed the items that were allowed to be considered in a rezoning and referred to a memo that he had prepared and distributed. Public Comment: Eva Madison, Candlewood Subdivision, spoke for the neighborhood. She discussed the proposal was inconsistent with the surrounding neighborhoods. She discussed the old R-1 zoning that is different than the current RSF-4 zoning. The proposed RSF-4 zoning is different than the surrounding properties. Charlie Collins, 3225 Pipers Glen, POA President of Brookbury, discussed that it is virtually unanimous regarding the opposition to this rezoning by the surrounding neighborhoods. Christin Bellcamp, President of Brookbury, agreed with the comments by Eva Madison. We have obtained 96 signatures to downzone our neighborhood to RSF-2. She discussed Brookbury Crossing was the sole means of access. She discussed that zoning and development are tied together. She discussed traffic flow problems, fire safety problems, and issues with density and compatibility. Skillern Road has traffic and site distance issues. Brookbury would not meet the fire code today as it has 95 homes on a dead end street. Adding approximately 40 more additional homes on this site, even with sprinkler systems, would be a problem. The private interest should not override the public interest for safety. James McGinty, President of Savannah, discussed support for the residents of Brookbury and Candlewood. He discussed traffic on Skillern Road. Savannah will also proposal to downzone to RSF-2. Jimmy Roy, 3074 Brookbury, read an exert from the City Attorney's memo, "public opposition that is logical and reasonable" can be considered. He also discussed that traffic is a problem. There are too many homes. Christine Smith, Brookbury and Idlewood Way, Brookbury is already in a dangerous situation. Children ar all crossing in a blind area. It is a 25 mph speed limit but people exceed the limit. It will be worse if Brookbury is extended. She discussed a dangerous intersection in the Brookbury neighborhood. Jason Fourie, 3475 Township, asked if the actual density was considered. Laurie Covell, teacher at McNair, discussed traffic issues that occurred when a truck for a pool construction blocked the round backing up traffic in Brookbury. No more public comment was presented. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 11 of 16 Commissioner Hoskins asked about the property owner information. Micky Harrington responded that the owner is requesting the rezoning. Commissioner Hoskins discussed that the lack of a street connection is a problem. A full-fledged connection is needed. This could potentially have 80 residences or 800 average daily trips. He is pro smart -development and until a complete connection is made he can't support this. Commissioner Winston discussed the R -A is not appropriate as it is surrounded by neighborhoods. Kit Williams, City Attorney, discussed that the old R-1 zoning was almost identical to the current RSF-4 zoning. It allowed up to four units per acre. Commissioner Hoskins discussed surrounding properties have RSF-2 type density. He discussed the lack of cross connection. Commissioner Winston discussed the need to disconnect the two things. Commissioner Chesser referred to the City Attorney's memo and whether this request meets or does not meet those criteria. He requested all of the neighborhood representatives to come back up and answer a question. Would you be opposed to this if there were a second street connection? Eva Madison responded that their arguments were made based on density. Jimmy Roy discussed that safety, density, and traffic are their biggest issues. Charlie Collins discussed that if it were only an additional 10 homes it would not be dramatically worse. Commissioner Chesser asked the applicant about the proposed density and zoning. Micky Harrington discussed that there are other issues besides density that require the RSF-4 zoning such as lot dimensions and lot size. Commissioner Chesser asked about a connection Township. Brian Moore, Engineering Services Incorporated, discussed that yes a connection to the south is our intent with a stub -out. Commissioner Honchell thanked everyone one for participating and being here. He discussed that he won't be able to support RSF-4. Jeremy Pate, Development Services Director, discussed the differences between RSF-4 and RSF-2. He also discussed that if Brookbury were rezoned to RSF-2 it would create nonconformities because very few of the lots are large enough to meet the RSF-2 requirements. Commissioner Hoskins discussed a need for RSF-4 zoning because of bulk and area regulations. He also discussed that a Bill of Assurance would be an option for the applicant to limit the overall density. He would support a rezone to RSF-0.5. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 12 of 16 Micky Harrington discussed that they would offer a Bill of Assurance to limit the density to two units per acre. Kit Williams, City Attorney, discussed that the Planning Commission cannot require a Bill of Assurance and that one has not been offered. It would have to be offered in writing and notarized. Commissioner Pennington discussed that the rezoning would not be incompatible, but public safety is a concern and he would be in support of RSF-0.5. Motion: Commissioner Pennington made a motion to forward RZN 12-4166 to City Council with a recommendation for RSF-0.5. Commissioner Hoskins seconded the motion. Commissioner Hoskins asked if RSF-0.5 would be considered a spot -zone. Kit Williams, City Attorney, discussed that did not think an RSF-0.5 could be considered a spot -zone. Commissioner Winston asked about fire code issues. Harley Hunt, Fire Marshall, discussed the rationale behind the enforcement of fire access roads to this property and the existing condition that is already in place. Upon roll call the motion passed with a vote of 8-1-0, with Commissioner Chesser voting no. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 13 of 16 ADM 12-4171: Administrative Item (AMEND UDC CH.166; DEVELOPMENT, 523): Submitted by THE CITY OF FAYETTEVILLE PLANNING STAFF to amend the Unified Development Code (UDC) Chapter 166: Development to clarify the applicability of Non -Residential Design Standards for form based zoning district. Andrew Garner, Senior Planner, gave the staff report. No public comment was presented. Motion: Commissioner Chesser made a motion to forward ADM 12-4171 to City Council. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 14 of 16 Planning Commission July 23, 2012 Page 15 of 15 ADM 12-4173: Administrative Item (AMEND UDC SECTION 166.04/ACCESS TO PUBLIC WATER AND SEWER): Submitted by CITY PLANNING STAFF. The request is to amend UDC Section 166.04 to clarify the requirements for access to public water and sewer. THIS ITEM WAS WITHDRAWN BY STAFF. There being no further business, the meeting was adjourned at 8:02 PM. Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 15 of 16 Planning Commission August 13, 2012 Agenda Item 1 07-23-2012 Minutes Page 16 of 16 a e..evl_ e Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of August 13, 2012 PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: August 7, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 12-4195: Administrative Item (1637 DEANE STREET/DEANE STREET COTTAGES, 365): Submitted by TIM BRISIEL for property located at 1637 DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acres. The request is to modify condition of approval #2 from ADM 12-4130 to allow the existing home at 1637 Deane Street to receive a certificate of occupancy without the entire driveway being paved. Planner: Andrew Gamer BACKGROUND Property: The subject property is located at 1637 Deane Street, just east of Lewis Avenue. The site is zoned RSF-4, Residential Single Family Four Units/Acre and contains a single family residence on approximately 0.88 acres. The surrounding zoning and land use is listed in Table 1. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North University of Arkansas farm R -A, Residential Agricultural; South Soccer fields P-1, Institutional East Single family residential (tandem lot) RSF-4, Residential Single Family 4 units/acre West Single family and two-family residential RSF-4 and RT -12, Residential Two and Three Family Background: • On February 27, 2012 the Planning Commission granted approval of CUP 12-4023 Deane Street Cottages for a cottage development for five new cottages on the 0.88 -acre site. The conditional use permit was approved with a condition of approval (No. 7) that states as follows: #7 Prior to certificate of occupancy for the first home in this development all landscaping, covered parking, bicycle racks, storm water detention, pedestrian connections, and other amenities listed and depicted in the CUP application and offered by the applicant shall be installed and inspected. G:IETCI Development Services Review120121Development Review112-4195 ADM 1637 Deane St (driveway modification)103 Planning Commission108-13-20121Comments and Redlines Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 1 of 38 • On May 29, 2012 the Planning Commission granted approval of ADM 12-4130 Deane Street Cottages modification which removed condition of approval #7 from CUP 12-4023 to permit the existing home at 1637 Deane Street to receive a certificate of occupancy prior to completion of the cottage development. This administrative request was approved with a condition of approval No.2 that states as follows: #2 The existing home at 1637Deane Street shall be required to be inspected and approved in accordance with all standard code requirements including payment of impact fees, etc. prior to certificate of occupancy, including completion of the driveway. Afour-foot section of the driveway around the manhole may remain unpaved until a sewer tap is made, at which time the remainder of the driveway shall be paved. Proposal: The applicant proposes to modify condition of approval #2 from ADM 12-4130 to allow for the existing home (1637 Deane Street) on the 0.88 acre site that has been partially constructed and almost finished, to receive a certificate of occupancy without paving the entire driveway. A majority of the driveway has been completed. The applicant has indicated that the existing unpaved portion of the driveway is the location of future utilities for the future cottage development. If the driveway is paved now it would be required to be torn up and repaved in the near future with the pending construction of the cottage development. RECOMMENDATION Staff recommends in favor of the applicant's request to receive an occupancy permit for this existing home prior to the driveway for the home at 1637 Deane Street being fully completed. The driveway is already paved from Deane Street back into the site approximately 180 feet. Only the remaining 30 feet or so of the driveway is proposed to to remain unpaved. The City's Unified Development Code Section 172.11(G)(2) requires driveways for single family homes to be paved 18 feet into the property from the street. The driveway at 1637 Deane Street already exceeds this requirement. Staff does not forsee any adverse impacts with leaving the remaining 30 feet of this driveway unpaved as it is a flat site and erosion or access issues for the future residents should not be a problem. Recommended Motion: Staff recommends approval of ADM 12-4195 to allow the home at 1637 Deane Street to receive a final occupancy permit prior to paving the entire driveway with the following conditions: Conditions of Approval: 1. All conditions of approval from ADM 12-4130 still apply, with the exception of a modification to condition of approval No.2 to allow for a final certificate of occupancy of the existing home at 1637 Deane Street prior to paving the entire driveway. 2. Should the cottage development (CUP 12-4023) ever occur on the eastern portion of this site, the remaining unpaved portion of the driveway at 1637 Deane Street shall be fully paved and G:IETCIDevelopment Services Review120121Denelopment Review112-4195 ADM 1637 Deane St (driveway madificalion)103 Planning Comnission108-13-20121Camments and Redlines Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 2 of 38 completed prior to certificate of occupancy of any of the homes in the cottage development. 3. Parking shall be clearly delineated and maintained pursuant to Fayetteville Unified Development Code Section 172.11. Planning Commission Action: Motion: Second: Vote: Meeting Date: August 13, 2012 ❑ Approved ❑ Denied G:IETCIDevelopment Services Review120121Developnent Reviewll2-4195 ADM 1637 Deane St (driveway modificatian)103 Planning Conanission108-13-20121Canments and Redlines Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 3 of 38 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 City of Fayetteville Planning Commission 125 West Mountain Street Fayetteville, Arkansas 72701 July 23, 2012 Dear Planning Commissioners, The purpose of this letter is to formally request a revision to a condition of approval of ADM 12-4130 (originally CUP12-4023) related to the Deane Street Cottages project. Condition of Approval #1 states, "The existing home at 1637 Deane Street shall be required to be inspected and approved in accordance with all standard code requirements including payment of impact fees, etc. prior to certificate of occupancy, including completion of the driveway. A four -foot section of the driveway around the manhole may remain unpaved until a sewer tap is made, at which time the remainder of the driveway shall be paved. We are requesting this condition be revised to exclude the driveway completion based on the expanded scope of work to correct the drainage and the extent of excavation that will take place around the home. A sewer main extension will be necessary coming off the manhole in the center of the driveway. There will also be a 18"-24" HDPE pipe that will pass under the driveway. For the same reasons, I am hopeful that it will be acceptable to leave the yard unfinished with seed and straw as the temporary means of erosion and dust control. Upon completion of the drainage and utility work the yard will be fully sodded,. landscaped and be on par with the extensive landscaping that will make this cottage development so desirable. This information was not readily available during the last requested revision but has come available as we further analyze the drainage and finalize engineering plans for the site. The subject home is currently under contract with a family from Tahlequah. We have kept in close contact with them communicating milestones and project details as they become available. They are hoping to move in following the above revisions to the conditions of approval. The buyers understand they will be living in close proximity to construction and are okay with the situation. Approval of this request, would allow them a home to move into and while at the same time continued progress on the cottage project; seemingly a win-win. The sale of the property would be consummated upon final approval of this project. We hope that you will give this proposal careful consideration. Taking this action will in no way, impact the overall quality of the project as there are many other safeguards and inspections to ensure the project is a welcome addition to the City of Fayetteville. Thanks for your time. LEGACYvENTuREs Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 4 of 38 a'F ye�..eyle THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of May 29, 2012 ) 125 W. Mountain St. Fayetteville, AR 72701 "Telephone: (479) 575-8267 TO: FROM: THRU: DATE: Planning Commission Members Andrew Garner, Senior Planner Jeremy Pate, Development Services Director May 72, 2012 Updated May 30, 2012 ADM 12-4130: Administrative Item (1637 W. DEANE ST./DEANE STREET COTTAGES, 365): Submitted by TIM BRISIEL for property located at 1637 WEST DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acre. The request is for the removal of Condition of Approval #7 from CUP 12- 4023. Planner: Andrew Garner BACKGROUND Property: The subject property is located at 1637 Deane Street, just east of Lewis Avenue. The site is zoned RSF-4, Residential Single Family Four Units/Acre and contains a single family residence on approximately 0.88 acre. The surrounding zoning and land use is listed in !able 1. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North University of Arkansas farm R -A, Residential Agricultural; South Soccer fields P-1, Institutional East Single family residential (tandem lot) RSF-4. Residential Single Family 4 units/acre West Single family and two-family residential RSF-4 and RT -12, Residential Two and Three Family Background: On February 27, 2012 the Planning Commission granted approval of CUP 12-4023 Deane Street Cottages for a cottage development for five new cottages an the 0.88 -acre site. The conditional use permit was approved with a condition of approval (No. 7) that states as follows: #7 Prior to certificate of occupancy far the, first home in this development all landscaping, covered parking, bicycle racks, stormwater detention, pedestrian connections, and other amenities listed and depicted in the CUP application and offered by the applicant shall be installed and inspected. G: I ETC1 Development Services Reriew120121 Denelop,neni Reriew112-4730 ADM 1637 Deane Sl. (Deane Si Conrrges)I(1.4 Nanning Cu,n,,i ninn105-79-121Commenis and Redlines Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 5 of 38 Proposal: The applicant proposes to modify condition of approval #7 from CUP 12-4023 to allow for the existing home (1637 Deane Street) on the 0.88 acre site that has been partially constructed and almost finished, to receive a temporary certificate of occupancy to allow people to start living in the home. The applicant proposes for the final certificate of occupancy not to be issued until the entire cottage development is completed. RECOMMENDATION Staff recommends in favor of the applicant's request to receive an occupancy permit for this existing home prior to the amenities and other features of the cottage development being completed. This is an existing home that has a separate driveway from the cottage development. If a certificate of occupancy for this home is not issued the home will be required to sit vacant for a relatively long time period while the cottage development is being built. This would not be in the best interest of the public or the applicant. However, because the home is in close proximity to other homes in the cottage development and the proposed detention area, staff recommends conditions of approval to ensure the safety of the residents during construction of the cottage development. The applicant suggested a temporary certificate of occupancy, however, this would have to be renewed every 30 days and is not intended to be used for long-term occupancy. Staff recommends that a final certificate of occupancy be able to be issued with certain conditions. Recommended Motion: Staff recommends approval of ADM 12-4130 to allow the home at 1637 Deane Street to receive a final occupancy permit prior to completion of the cottage development with the following conditions: Conditions of Approval: 1. All conditions of approval from CLIP 12-4023 still apply, with the exception of a modification to condition of approval No.7 to allow for a final certificate of occupancy of the existing home at 1637 Deane Street prior to completion of the cottage development. 11 2. The existing home at 1637 Deane Street shall be required to be inspected and approved in rr accordance with all standard code requirements including payment of impact fees, etc. prior to certificate of occupancy, including completion of the driveway. A four -foot section of the driveway around the manhole may remain unpaved until a sewer tape is made, at which time Y the remainder of the driveway shall be paved. T THE PLANNING COMMISSION MODIFIED TI IIS CONDITION AS NOTED (05-3 0-12). 3. Prior to certificate of occupancy the applicant shall provide payment (cash, letter of credit, or bond) to guarantee the construction of the sidewalk along the lot's street frontage, and to guarantee the stabilization and revegetation of' the site in accordance with UDC Section 158.04. 4. The applicant shall provide full disclosure to any potential renters or buyers of the extent and CIETCIDevelopmenl Servicer RevierY120121Dcrelaprnent RevielvV 2413!) ADM )637 Deane Sl. (Deane St Cottage -5)103 Planning ConnnissronV05-29-121Conunenis and Pralines Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 6 of 38 timing of construction that will be taking place in close proximity to the home. 5. To ensure the safety of residents living at 1637 Deane Street during the construction of the cottage development the developer shall install substantial safety fencing around the home to prevent conflicts between residents and construction equipment and materials. The safety fencing shall be required to be inspected by the City prior to the initiation of any construction. The City inspector shall determine the appropriate type of fence in the field. THE PLANNING COMMISSION MODIFIED THIS CONDITION AS NOTED (05-30-12). 6. The existing home at 1637 Deane Street may not be sold a part from the existing parent tract identified as 765-13574-000, unless and until the cottage development has been completed and the final plat filed of record. Planning Commission Action: Motion: Chesser Second: Cabe Vote: 8-0-0 Meeting Date: May 29, 2012 X Approved ❑ Denied C: IETCIDevelopntent Services Review120121Development Review112-4130 ADM 1637 Deane St. (Deane Si Cottages)103 Planning Commission105-29-111Comments and Redlines Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 7 of 38 aye wile ARKANSAS THE CITY OF FAYEI IEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of February 27, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: February 22, 2012 March 9, 2012 CUP 12-4023: Conditional Use Permit (1637 W. DEANE ST./LEGACY VENTURES, 365): Submitted by APPIAN DESIGN GROUP for property located at 1637 WEST DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acre. The request is to allow Cottage Housing Development, Use Unit 44, for five new single-family cottages. Planner: Andrew Gamer Findings: Background: This item was tabled at the February 13, 2012 Planning Commission meeting because the architectural design of the five cottages did not meet the minimum requirements. The applicant has revised the design of the cottages to meet the ordinance. The applicant has also submitted a document signed by an adjacent property owner giving indication of this property owner's willingness to work with the applicant on a drainage easement through their property. Property: The subject property is located at 1637 Deane Street, just east of Lewis Avenue. The site is zoned RSF-4, Residential Single Family Four Units/Acre and contains a single family residence on approximately 0.88 acre. The surrounding zoning and land use is listed in Table 1. Table 1 Surroundin>? Land Use and Zonin Direction Land Use Zoning North University of Arkansas farm R -A, Residential Agricultural; South Soccer fields P-1, Institutional East Single family residential (tandem lot) RSF-4, Residential Single Family 4 units/acre West Single family and two- family residential RSF-4 and RT -12, Residential Two and Three Family Background: The original parent tract including the subject property contained 1.69 acres. On May 9, 2011 the Planning Commission approved CUP 11-3825 for the creation of a 0.35 -acre tandem lot. The lot split to create three lots was finalized and recorded and three single family homes were constructed on the three lots. A fourth home has also been constructed on the remaining 0.88 -acre tract, the subject property. On September 26, 2011 the Planning Commission denied another conditional use permit request to create another tandem lot on the subject property. Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 8 of 38 Proposal: The applicant proposes to develop the 0.88 -acre site under the recently adopted Cottage Development Ordinance. The proposal would retain the existing home in addition to five new cottages. The applicant has provided a detailed development submittal with site plans, floor plans, and 3D renderings of the overall proposal. In addition, the applicant has submitted a booklet in which they propose pictures and development details that they wish to be included as conditions of approval with their development. All of these materials are attached to this packet. Public comment: Staff has received a combined letter from Joyce Richards and Rebecca Bryant discussing issues with development on this site and a letter from Ronald Chioldi opposed to the development (see attached). RECOMMENDATION: Staff is in favor of this project, finding that although it is a different pattern of development than the surrounding predominant single family residences, it is compatible and would meet the intent of the Cottage Housing ordinance by providing innovation and variety in housing. With the conditions of approval that have been signed and guaranteed by the owner/applicant, staff feels like this will be a high quality project. Additionally, staff feels this proposal is highly consistent with the overriding land use plan of the City (City Plan 2030), specifically the goal #1 to make infill our highest priority. See the findings throughout this staff report for further discussion. RECOMMENDED MOTION: Staff recommends approval of CUP 12-4023 (Deane Street Cottages) subject to the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of compatibility. Stafffinds that while the proposed cottage development is a different pattern of development, it is compatible with the surrounding land uses and would provide variety and innovation in housing. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION (03-09-2012) 2. The project shall be required to go through site improvement plan (SIP) review prior to submittal of construction or building permits to ensure compliance with all Unified Development Code requirements. If the site is proposed to be subdivided it will also be required to go through the preliminary plat (PPL) process either concurrently with or after SIP review. 3. The images and diagrams offered by the applicant in their "Owner Guarantee for Conditions of Approval" booklet, signed by the owner, shall be included as official conditions of approval, herein. 4. To enforce the "Owner Guarantee for Conditions of Approval", at the time of SIP and PPL review the applicant shall submit the following: a. A landscape plan showing landscape plantings and specifications of all amenities, including but not limited to, the outdoor fireplace, gathering area, benches, bike racks, covered parking, pedestrian connections, and fencing indicated in the booklet. b. Architectural renderings, floorplans, and elevations consistent with the architectural details in the booklet that are consistent with the site plan submitted Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 9 of 38 for development review. 5. The condominium association, homeowner's association, or similar mechanism to maintain the common amenities shall be established prior to issuance of construction permits. 6. Accessory structures such as the covered vehicular and bike parking, outdoor fireplace, pergolas, etc. may be required to meet building setbacks and building separation depending on their specifications. These details should be submitted for review at the time of SIP submittal. 7. Prior to certificate o occupancy for the first home in this development all landscaping, covered parking, bicycle racks, stormwater detention, pedestrian connections, and other amenities listed and depicted in the CUP application and offered by the applicant shall be installed and inspected. 8. Offsite drainage problems of adjacent properties that may have been created or exacerbated by development of this original overall tract by this applicant, as determined by the City Engineer, shall be brought up to current stormwater ordinance requirements and reviewed in detail with the SIP submittal. PLANNING COMMISSION ACTION: Required YES X Approved ❑ Denied ❑ Tabled Motion: Griffin Second: Chesser Vote: 7-0-0 Meeting Date: February 27, 2012 CITY PLAN 2030 DESIGNATION: Residential Neighborhood Area § 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 Planning Commission August 13, 2012 Agenda Item 2 ADM12-4195 Deane St Cottages Page 10 of 38