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Home My WebLink About2013-09-09 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Craig Honchell, Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting September 9, 2013 A meeting of the Fayetteville Planning Commission will be held on September 9, 2013 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 August 26, 2013 meeting. Old Business: 2. RZN 13-4438: Rezone (845 N. 46th AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains 12.42 acres The request is to rezone the property to RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, AND RSF-7, RESIDENTIAL SINGLE FAMILY SEVEN UNITS PER ACRE. Planner: Quin Thompson THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED INDEFINITELY. 3. CUP 13-4469: Conditional Use Permit (845 N. 46T" STREET, 438): Submitted by CIVIL DESIGN ENGINEERINGS, INC. for property located at 845 N. 46TH STREET. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 13.47 acres. The request is to allow an accessory structure on a property without a principal structure. Planner: Quin Thompson 4. CUP 13-4440: Conditional Use Permit(2008 N. CLEVELAND ST./BOYD, 442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Planner: Jesse Fulcher 5. CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD., 522): Submitted by JOHN DAVIDSON for property located at 1001 W MARTIN LUTHER KING BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 4.67 acres. The request is for a conditional use for a parking lot. Planner: Quin Thompson THE APPLICANT HAS THIS ITEM BE TABLED TO THE SEPTEMBER 2.3,2013 PLANNING COMMISSION MEETING. 6. CUP 13-4456: Conditional Use Permit (ADVENTURE SUBARU/2269 HENBEST RD, 324): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 HENBEST RD. The property contains approximately 4.55 acres. The request is for Conditional Use for an off-site parking lot/vehicle display area in the Community Services zoning district. Planner: Jesse Fulcher New Business: 7. PPL 13-4404: Preliminary Plat (W. OF N. 54TH ST. AND E. OF W. PERSIMMON ST./LEGACY PH V, 475): Submitted by BATES AND ASSOCIATES for property located WEST OF NORTH 54TH STREET AND EAST OF WEST PERSIMMON STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 32.83 acres. The request is for a residential subdivision with 108 single family lots. Planner: Andrew Garner 8. CUP 13-4470: Conditional Use Permit (1755 FALLBROOK, 359): Submitted by CANDICE SAWIN for property located at 1755 FALLBROOK WAY. The property is zoned RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acres. The request is for a home daycare. Planner: Jesse Fulcher 9. RZN 13-4467: Rezone (MOUNT COMFORT AND SHILOH/KUM & GO, 324): Submitted by CEI ENGINEERING for property located at THE NORTHWEST CORNER OF MOUNT COMFORT AND SHILOH. The property is zoned R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. and contains approximately 1.65 acres. The request is rezone the property to C-1,NEIGHBORHOOD COMMERCIAL. Planner: Jesse Fulcher 10. ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178, OUTDOOR VENDORS): Submitted by SUSTAINABILITY AND STRATEGIC PLANNING STAFF to amend chapter 178, Outdoor Vendors. Several changes are proposed including the allowance of outdoor mobile vendor courts and an increase in the permit timeframe. Planner: Leif Olson STAFF RECOMMENDS THIS ITEM BE TABLED UNTIL OCTOBER 14,2023 The following item has been approved administratively by staff.• • LSP 13-4412: Lot Split (1502 N. LEVERETT AVE./MULLINS, 405): Submitted by JORGENSEN AND ASSOCIATES for property located at 1502 NORTH LEVERETT AVENUE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains one lot totaling 0.43 acres. The request is for a lot split resulting in two tracts of approximately 0.22 and 0.21 acres. 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. Planning Commission August 26, 2013 Page I of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 26, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: August 12, 2013 Approved Page 3 VAC 13-4459: Vacation (201 W MOUNTAIN ST,523): Page 3 Approved VAC 13-4460: Vacation (423 PRAIRIE AVE, 523): Page 3 Approved CCP 13-4453: Concurrent Plat(CORNER OF MISSION BLVD.AND WINWOOD DR.,370): Page 3 Approved ADM 13-4474: Administrative Item (1724 N. ROCKWOOD TRAIL./KING,448): Page 3 Approved Old Business: RZN 13-4438: Rezone(845 N.46"'AVE./WEDINGTON,438): Page 4 Tabled New Business: CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD., 522): Page 5 Tabled CUP 13-4456: Conditional Use Permit(ADVENTURE SUBARU/2269 HENBEST RD,324): Page 6 Tabled ADM 13-4485: Administrative Item (WEST CENTER APARTMENTS LSD 12-4275,483): Page 7 Approved CUP 13-4462: Conditional Use Permit(3335 W MT. COMFORT RD,362): Page 8 Approved RZN 13-4461: Rezone (123 E. CLEBURN ST./STOVER,446): Page 9 Forwarded September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 1 of 10 Planning Commission August 26, 2013 Page 2 of IO MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Porter Winston Ryan Noble Sarah Bunch Kyle Cook Craig Honchell Blake Pennington Ron Autry STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM— Craig Honchell called the meeting to order. Craig Honchell requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Commissioners Winston and Bunch. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 2 of 10 Planning Commission August 26, 2013 Page 3 of 10 Consent. Approval of the minutes from the August 12,2013 meeting. VAC 13-4459: Vacation (201 W MOUNTAIN ST, 523): Submitted by WILLIAM RUDASILL, PE for property located at 201 W.MOUNTAIN STREET.The property is zoned DG,DOWNTOWN GENERAL and contains approximately 0.15 acres. The request is to vacate a portion of a utility easement. VAC 13-4460:Vacation(423 PRAIRIE AVE,523): Submitted by JACOBS NEWELL for property located at 423 Prairie Ave.The property is zoned DG,DOWNTOWN GENERAL and contains approximately 0.16 acres. The request is to vacate an access easement. CCP 13-4453:Concurrent Plat(CORNER OF MISSION BLVD.AND WINWOOD DR.,370): Submitted by PENNY LANE CONSTRUCTION for property located 1857 WINWOOD DR.The property is zoned RSF- 4,RESIDENTIAL SINGLE-FAMILY and contains approximately 1.02 acres.The request is to split the lot into two parcels. ADM 13-4474:Administrative Item(1724 N.ROCKWOOD TRAIL./KING,448): Submitted by DAVID MCKEE for property located at 1724 N.ROCKWOOD TRAIL.The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 1.09 acres.The request is for an Access Management variance for a new driveway onto Pembroke Road, a Collector. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 3 of 10 Planning Commission August 26, 2013 Page 4 of 10 Old Business: RZN 13-4438: Rezone (845 N. 46th AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE,and contains 12.42 acres The request is to rezone the property to RMF-12,RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, AND RSF-7, RESIDENTIAL SINGLE FAMILY SEVEN UNITS PER ACRE. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL SEPTEMBER 9,2013 Motion: Commissioner Cook made a motion to table RZN 13-4438 as requested by the applicant. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 4 of 10 Planning Commission August 26, 2013 Page 5 of 10 CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD.,522): Submitted by JOHN DAVIDSON. for property located at the 1001 W MARTIN LUTHER KING BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 4.67acres. The request is for a conditional use for a parking lot. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL SEPTEMBER 9,2013 Motion: Commissioner Cook made a motion to table CUP 13-4454. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 5 of 10 Planning Commission August 26, 2013 Page 6 of 10 CUP 13-4456: Conditional Use Permit(ADVENTURE SUBARU/2269 HENBEST RD,324): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 HENBEST RD. The property contains approximately 4.55 acres.The request is for Conditional Use for an off-site parking lot/vehicle display area in the Community Services zoning district. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL SEPTEMBER 9,2013 Motion: Commissioner Cook made a motion to table CUP 13-4456. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 6 of 10 Planning Commission August 26, 2013 Page 7 of 10 ADM 13-4485:Administrative Item(WEST CENTER APARTMENTS LSD 12-4275,483): Submitted by MODUS STUDIO for property located at the SOUTHWEST CORNER OF CENTER AND DUNCAN. The property is zoned DG,DOWNTOWN GENERAL AND RMF-40,RESIDENTIAL MULTI-FAMILY,40 UNITS PER ACRE and contains 2.75 acres. The request is to amend the conditions of approval of the large scale development. Jesse Fulcher, Current Planner,read the staff report. Commissioner Chesser stated he was in favor of the flashing beacons. Motion: Commissioner Chesser made a motion to approve ADM 13-4485. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 7 of 10 Planning Commission August 26, 2013 Page 8 of 10 CUP 13-4462: Conditional Use Permit(3335 W MT. COMFORT RD,362): Submitted by PATHWAY BAPTIST CHURCH for property located at 3335 W MT.COMFORT ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY and contains approximately 0.54 acres.The request is for a conditional use to allow a church use in the RSF-4 zoning district. Andrew Garner, Senior Planner, gave the staff report. Commissioner Cook discussed giving the applicant a year to close the curb cut. Jeremy Flannigan, applicant, described the proposed use. Commissioner Honchell asked about outdoor music. Jeremy Flannigan, applicant, discussed the hours for the use including outdoor activities. Commissioner Chesser discussed the curb cut and the potential for a barrier along the curb cut. Commissioner Hoskins discussed that the conditional use permit applies to the applicant and the owner. Kit Williams, City Attorney,discussed concerns with requiring the applicant to close the curb cut because they are not the property owner. Commissioner Chesser made a motion to approve the conditional use permit with modifications to conditions of approval#4 and#5. Commissioner Noble asked about placing cones in front of the driveway and what days it would be necessary. Jeremy Flannigan, applicant, discussed using the house for the residents and the church. Commissioner Chesser withdrew his motion. Motion#1: Commissioner Pennington made a motion to amend condition#5 for CUP 13-4462 as follows: "Cones shall be placed across the driveway during peak hours Sunday and Wednesday, and within six months of the church purchasing the property the curb cut will be removed." Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 5-2-0,with Commissioners Hoskins and Chesser voting"no". Motion#2: Commissioner Chesser made a motion to approve CUP 13-4462 with the previously modified condition of approval#5 and modifying condition of approval#4 as follows: September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 8 of 10 Planning Commission August 26, 2013 Page 9 of 10 "Outdoor music and/or church activities in the yard at 3335 Mount Comfort Road shall be permitted no later than 8:30 p.m. on Wednesday nights only, other residential single family uses will be allowed as usual." Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 9 of 10 Planning Commission August 26, 2013 Page 10 of 10 RZN 13-4461:Rezone(123 E.CLEBURN ST./STOVER,446): Submitted by ELIZABETH STOVER for property located at 123 E. CLEBURN STREET. The property is zoned C2, THOROUGHFARE COMMERCIAL, and contains approximately 0.20 acres. The request is rezone the property to DG, DOWNTOWN GENERAL. Quin Thompson, Current Planner, gave the staff report. Elizabeth Stover,Applicant, discussed her request and offered to answer questions. Motion: Commissioner Chesser made a motion to forward RZN 13-4461 to City Council. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 6:47 PM. September 9,2013 Planning Commission PC Minutes 08-26-13 Agenda Item 1 Page 10 of 10 Taye evi le PC Meeting of August 26, 2013 i'1113 CH'Y OF t,AY1_� TTLVILLL-- ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: August 20, 2013 RZN 13-4438: Rezone (845 N. 46th AVE.[WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and contains 12.42 acres The request is to rezone the property to RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, AND RSF-7, RESIDENTIAL SINGLE-FAMILY SEVEN UNITS PER ACRE. Planner: Quin Thompson THE APPLICANT HAS REQUESTED THIS ITEM TO BE TABLED INDEFINITELY G:IETCOevelopmem Services RevieW20130evelopmenl Revievv113-4334 RZN 2925 Old Missouri Rd(Good Shephe1QAff4tW,2013 Commission104-08-20131Comments and Redlines Planning Commission RZN 13-4438 Wedington Agenda Item 2 Page 1 of 2 September 9,2013 Planning Commission RZN 13-4438 Wedington Agenda Item 2 Page 2 of 2 Fa e • Y elA= e PC Meeting of September 09, 2013 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Director of Development Services DATE: September 03, 2013 CUP 13-4469: Conditional Use Permit (845 N. 46TH STREET, 438): Submitted by CIVIL DESIGN ENGINEERINGS, INC. for property located at 845 N. 46TH STREET. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 13.47 acres. The request is to allow an accessory structure to remain on a property without a principal structure. Planner: Quin Thompson Findings: Property: The subject property contains approximately 13.47 acres between 46th Avenue and is undeveloped pasture land in agricultural use, in the NC and RSF-4 zoning districts, which is an existing non-conforming use. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zonin North Undeveloped Pasture RSF-4 South Agricultural/Residential RA/RSF-4 East Agricultural/Residential RA West Undeveloped Pasture NCIRSF-4 Background: The property has been used continuously for years as pasture land for a family farm, on which an existing bam and residence have been in place for approximately 39 years. The current owner is in the process of splitting the lot in order to sell the residence. This lot split will create a non-conforming condition in which the existing barn will be on a separate parcel than the residence in the RSF-4 zoning district. The Applicant is in the process of seeking a rezone for the subject property, with the intention of developing a residential neighborhood on the site, and has indicated that it would be useful to keep the existing barn for use during the development/construction process. Proposal: §164.02 (A)(1) of the Unified Development Code does not permit an accessory G:IETC1Developmenl Services Review120130evelopment Review113-4469 CUP 845 46th Avenue-Leisure Homes103 Planning Commission109- 09-20131Comments and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 1 of 14 structure to be located on a parcel prior to a principal structure. The applicant requests that a Conditional Use be granted allowing the existing 2,100 sf metal barn to remain on site and in use as an accessory structure without a primary structure. This will allow a lot split to be processed and the sale of the existing residence on the new separate lot to be finalized. Request: The applicant requests approval of a conditional use permit for an accessory structure without a primary structure within the RSF-4 zone. Public Comment: Staff has not received public comment. Staff recommends approval of CUP 12-4469, the requested conditional use permit to allow an accessory structure without a primary structure within the RSF-4 zone, subject to the following conditions: 1. No parking, outdoor lighting, or other additions to the barn shall be constructed. 2. Building shall be used as material and equipment storage during development of the property PLANNING COMMISSION ACTION: Required YES Planning Commission Action ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: September 09, 2013 City Plan 2030 designation: Complete Neighborhood Plan: Walker Park Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terns 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 G:IETCIDevelopmeni services Review120130evelopment Review113-4469 CUP 845 46th Avenue—Leisure Homes103 Planning Commission109- 09-20131Comments and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 2 of 14 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 an application requesting conditional use permit approval to allow an accessory structure to remain without a primary structure in the RSF-4 zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under UDC §164.02 to grant a conditional use permit to allow an accessory structure without a primary structure. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that the request will not adversely affect the public interest. The property has been used for many years in an agricultural capacity and the accessory structure has been in its current location for many years. The conditional use will therefore not adversely affect neighboring properties should that use be allowed to continue. (c.) The Planning Commission shall certify: (7JETCIDevelopment Services Review110130evelopmenl Review03-4469 CUP 845 46th Avenue—Leisure Homes103 Planning Commission109- 09-20131Commenls and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 3 of 14 (1.) Compliance with the specific rules governing individual conditional uses; and Finding: §164.02 (A)(1) of the Unified Development Code specifies that no accessory structure shall be erected on any property prior to the construction of the principal structure, UNLESS such accessory structure shall have been approved by the Planning Commission as a conditional use. Although the barn is existing, the applicant is making a non-conforming condition by creating a new lot through the lot-splitting process. (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 existing ingress/egress into the property is adequate and will not be affected by the lot-split; the use of the barn will not be changed by the conditional use. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The applicant is requesting a conditional use permit to allow the continued use of an existing barn for material and equipment storage purposes during the build-out of the property with a new residential neighborhood. No substantial economic, noise, glare or odor effects of the special exception on adjoining properties are anticipated. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, G-16TCIDevelopment Services Review120130evelopmern Review)l3-4469 CUP 845 461h Avenue—Leisure HomeA03 Planning Commission109- 09-2013!Comments and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 4 of 14 Finding: Refuse and service areas will be not be affected. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities will be not be affected. (c.) Screening and buffering with reference to type, dimensions, and character; Finding: Screening is not required. (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 will be permitted in accordance with the sign ordinance and is not relevant to this conditional use request for continued use of the existing barn. (g.) Required setbacks and other open space; and Finding: All separation and setback requirements will be met with development of the property. (h.) General compatibility with adjacent properties and other property in the district. 3. Finding: Staff finds that the proposal is compatible with the adjacent properties and other property in the district. The use of the barn for temporary material and equipment storage during development of the property is compatible with the residential uses of adjacent properties and can be approved by the Planning Commission under the provisions of §164.12 (13)(1)(c) of the Unified Development Code. G.1EWDevetopmenl Services Review120131Development Review113-4469 CUP 845 46th Avenue Leisure Aomesl03 Planning Commission109- 09-2013ICommenls and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 5 of 14 Fayetteville Unified Development Code 164.02 Accessory Structures And Uses Accessory Structures And Uses. Accessory structures and uses shall be subject to the applicable use conditions set forth in Zoning, Chapters 160 through 165, and to the following general conditions: (A)Accessory structures. (1) When erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, UNLESS such accessory structure shall have been approved by the Planning Commission as a conditional use. An approved accessory structure erected prior to the principal structure shall not be inhabited. 164.12 Nonconforming Structures,Uses And Lots It is the intent of this section to regulate nonconforming structures, uses or lots that are created when zoning designations or regulations are created or changed such than an existing lawfully established structure, use, or lot no longer conforms to the regulations of the Unified Development Code. It is also the intent of this section to permit nonconformities to continue as they exist presently and to guide future uses and development to be consistent with the City's planning policy and regulations. (B)Nonconforming uses. Nonconforming uses are declared by the underlying zoning district to be incompatible and are regulated to further restrict actions that would make the uses more permanent in their location or expand their nonconformity. G:IETCIDevelopment Services Revimw 20131 Development Review 13-4469 CUP 845 46th Avenue—Leisure HomeA03 Planning Commission 109- 09-20131Comments and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 6 of 14 (1) Nonconforming uses of land, structures or of structures and land in combination. Where a permitted or otherwise lawful use of land or of structure and land in combination exists which would not be permitted by subsequent regulations imposed by the Unified Development Code, the use may be continued as long as it remains otherwise lawful, subject to the following provisions. (c) Change of use. Any nonconforming use of land, structure, or structure and land in combination may as a conditional use be changed to another nonconforming use provided that the Planning Commission, either by general rule or by making finding in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of the Unified Development Code. (Code 1965, App. A., Art. 4(1), (2), (4)--(7); 5(8); Ord. No. 1747, 6-29-70; Ord. No. 1806, 7-16-71; Ord. No. 1891, 12-5-72; Ord. No. 2126, 7-14-75; Ord,No.2505,2-20-79;Ord.No. 1918,5-15-83;Ord.No.3114,9-3-85;Ord. No.3124,9-17-85;Ord.No.3130, 10-1-84;Code 1991,§$160.135--160.142; Ord.No.4100,§2(Ex.A),6-16-98;Ord.4930, 10-03-06;Ord.5312,4-20-10; 5453,10-18-11) G:IETCIDevelopment Services Review120131Development Reviewl13-4469 CUP 845 46th Avenue-Leisure Homesl03 Planning Commission109- 09-20131Comments and Redlines September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 7 of 14 00pE CIVIL DESIGN ENGINEL: f78 , INC . t`23 N, Lollar Lrunv. NaveneiWly, AN 72101 111uwr. r.)79r 8.50 N11 14m.- r-I74i854.6 0 .Iuly.10.2013 City of Fayeaeville Planning Division 125 W. Mountain Street Payetleville, AR 72701 Phone (479)575-8267 Fax (479)575-8202 Re: Request for Conditional Use 845 N.45"'Avenue Fayetteville, AR CDE Project No. 1066 Planning Division, Please Find enclosed submittal along with the application to request a Conditional Use Im an accessory building (barn)on a proposed property created under a previously submitted lot split at 845 N. 46j'Avenue.Originally the barn and house was on the same property. However,the house Is a functional residential dwel ling without the barn being an accessory building to it. The barn is in an acceptable condition arc!can be used as part of the proposed adjacent lot lot,equipment and building material storage.No parking,outdoor lighting of oilier additions to the barn is proposed, btgiess and Egress to the barn will be through the proposed lot on which it resides and which has public access. Please lel me know if you have any questions. Sincerely. Ferdi Four ie,P.E. Project Engineer September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 8 of 14 I � i�� - _ ...' 0 a �.lr ..,�,y ....eW�P,4r•�m i.. j h •� 'i i ...1111 6'� C i 0 1 11 1 L `12 l I h H o - - _- _ =L _ September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 9 of 14 T F r it i u 1. �u w L, � I I � • I Y- f` I ' r -- - - ,. I •y:7�, 1 � I 6 �,r Vill A. f m ' 6 i -'f 1 J' Footprints 0 Hillsi.V.C--Hilltf• . Design . . Design1 1 11 .11 •�f �� Planning Area1 R r r —�'�saa � c - • y� r 1I �T WON' "V I M �Rr: � y• � 3i' tk `•a W+�•..y �•+�......,.�•4��. i illi! " yo ® • v1 ' �- _:. i 7.� � i • f ° ' �� a-,'.� . ti 1.4 BOGAN #v`i•�'a.• e I _ jai ' I, � { 1 .. 'Vii ' SHALOTT DR — Fitur . 9 M �J Subject Property [=CUP13-4469 Desi!n Overlay District Boundary Plamin • Area 0 1 1 CUP13-4469 WEDINGTON Close Up View lip PRIVATE 1259 SII l,tilld - II I j FRANCIS RL -- -- o a � Ii IIl RSF-d F T �qP I _ -I� II�I - , LL m m�1• o 1' I - :�•• IL I 1 11COMA ST T, II 4 SUBJECT PROPERTY ,' } I _ a I r,x C.1 - II i� T ' I R-A _ II O _ K z Z aRPZD LUTTRELLLN I . b }.asp ....:Irru•rrel .:n: � .. . I � TUMBLEWEED ST LOFTY WOOD DR Legend o 9 a z Multi-Use Trail (Existin HOMESPUN DR w a FLAGSTICK DR � z Future Trails I y..ub O .' Fayetteville City Wmits L ~ TRAIL DUST ST U P13-4469 Footprints 2010 _ Hillside-Hilltop Ovi Irlay District Design Overlay Di trict Design Overlay Di trict 0 150 300 600 SCD 9,200 ------ Planning Area Feet Septmber 9,2013 panting Comm%son CUP 13-4469 Leisure Homes Agenda Item 3 Page 13 of 14 September 9,2013 Planning Commission CUP 13-4469 Leisure Homes Agenda Item 3 Page 14 of 14 Tff" a e evi�le n a K A N s n s PC Meeting of September 9, 2013 THF C1'1Y OP FAYEI I'F,VII.LIi, ARKANSAS 125W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: September 3, 2013 CUP 13-4440: Conditional Use Permit (2008 N. CLEVELLAND ST.BOYD, 442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELAND STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Planner: Jesse Fulcher Findings: Background and property description: The subject property is located on Cleveland Street, one lot east of Sane Avenue. The property is developed with a single-family home and contains 1.86 acres. The surrounding zoning and land use is listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Singe-family residential RSF-4, Residential Single Family 4 units/acre South Single-family residential RSFA, Residential Single Family 4 units/acre East Single-family residential RSFA, Residential Single Family 4 units/acre West Single-family residential RSF-4, Residential Single Family 4 units/acre Proposal: As indicated on the attached plat included in this packet, the applicant proposes to split the lot into two lots. Tract A will contain 1.17 acres with 170 feet of street frontage, and Lot B will contain 0.69 acres with only 25 feet of street frontage. Request: The applicant has requested a conditional use permit to allow for one tandem lot in the RSF-4 zoning district. Public Comment: The adjacent property owner has submitted a letter (attached). Water/Sewer: Water and sewer are available to both lots. September 9,2013 Planning Commission CUP 13-4440 Boyd Agenda Item 4 Page 1 of 18 Recommendation: Staff recommends denial of CUP 13-4440,finding that the size and terrain of the property allow it to be subdivided into two conforming lots under the RSF-4 zoning criteria. The need for a tandem lot is not justified in this particular instance. Should the Planning Commission recommend approval, staff recommends the following conditions. Conditions of Approval: 1. Planning Commission determination to allow an existing accessory structure (well house) to remain on the tandem lot prior to construction of a principal residence (Chapter 164.02). 2. Right-of-way dedication in the amount of 29.5' from centerline shall be dedicated with the lot split plat. 3. Any damage to the existing sidewalk during home construction shall be repaired at the owner/developers expense. 4. Tandem lot setbacks shall be 15 feet from each property line. 5. A trash pick-up plan shall be approved by the Solid Waste Department prior to building permit approval. Planning Commission Action: O Approved O Denied O Tabled Meeting Date: September 9, 2013 Motion: Second: Vote: Note: FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single-family, multi family and row houses. 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, September 9,2013 Planning Commission CUP 13-4440 Boyd Agenda Item 4 Page 2 of 18