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Home My WebLink About2014-05-27 - Agendas - Final CITY OF a e ev1 Iq AGENDA ARKANS Planning Commission Meeting May 27, 2014 5:30 PM 113 W. Mountain, Room 219 Members: Tracy Hoskins (Chair), Ron Autry (Vice Chair), Ryan Noble (Secretary), Sarah Bunch, William Chesser, Kyle Cook, Craig Honchell, Janet Selby, and Porter Winston. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the May 12, 2014 meeting. Old Business: New Business: 2. CUP 14-4723: Conditional Use (1979 S. FINGER RDIPAYNE, 596): Submitted by REID & ASSOCIATES for property located at 1979 S. FINGER RD. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 14.80 acres. The request is for a tandem lot. Planner: Quin Thompson 3. CUP 14-4722: Conditional Use (1503 N. GARLAND AVE/ROTH, 404): Submitted by HUNTER HAYNES for property located at 1503 N. GARLAND AVE. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 7,600 square feet. The request is for a duplex in the RSF-4 district. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM UNTIL JUNE 9, 2014. 4. CUP 14-4730: Conditional Use (372 W. DICKSON ST./FOOD TRUCK COURT, 404): Submitted by ZAC WOODEN for property located at 372 W. DICKSON ST. The property is zoned MSC — MAIN STREET/CENTER and contains approximately 0.17 acres. The request is for a mobile food vending court and parking waiver. Planner: Andrew Garner 5. CUP 14-4710: Conditional Use(NW CORNER OF WEST AND LAFAYETTE/SUSTAINABLE URBAN MOBILITY, 484): Submitted by DeMX ARCHITECTURE for property located at NE CORNER OF WEST AND LAFAYETTE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.08 acres. The request is for a conditional use to allow Use Unit 17, Transportation, Trades, and Services for a sharing/rental organization. Planner: Jesse Fulcher Mailing Address: 113 W. Mountain Street www.fayetteville-acgOv Fayetteville,AR 72701 6. CUP 14-4709: Conditional Use (WEDINGTON & MARINONI DR/THE COTTAGES, 441): Submitted by CEI ENGINEERING for property located at WEDINGTON & MARINONI DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, R-O, RESIDENTIAL OFFICE, AND RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contains approximately 22.61 acres. The request is for additional parking. Planner: Andrew Garner 7. R-PZD 14-4700: Residential Planned Zoning District (WEDINGTON & MARINONI DR/THE COTTAGES, 441): Submitted by CEI ENGINEERING for property located at WEDINGTON & MARINONI DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, R-O, RESIDENTIAL OFFICE, AND RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contains approximately 22.61 acres. The request is to rezone the property to R- PZD, Residential Planned Zoning District. Planner: Andrew Garner 8. LSD 14-4702: Large Scale Development(WEDINGTON & MARINONI DR/THE COTTAGES, 441): Submitted by CEI ENGINEERING for property located at WEDINGTON & MARINONI DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, R-O, RESIDENTIAL OFFICE, AND RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contains approximately 22.61 acres. The request is for 150 residential units. Planner: Andrew Garner The following items have been approved administratively by staff: • LSP 14-4716: Lot Split (1979 S. FINGER RD/PAYNE, 596): Submitted by REID & ASSOCIATES for property located at 1979 S. FINGER RD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains two tracts totaling 22.21 acres. The request is to split and adjust the property into three tracts containing approximately 7.41, 9.79, and 5.01 acres each. Planner: Quin Thompson Adjourn 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. 2 3 Planning Commission May 12, 2014 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Tracy Hoskins - Chair, Ron Autry- Vice-Chair, Ryan Noble — Secretary, William Chesser, Kyle Cook, Craig Honchell, Porter Winston, Janet Selby, and Sarah Bunch City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Glenn Newman — Development & Construction Manager, Cory Granderson — Staff Engineer, and Kit Williams —City Attorney 1. Call to Order: 5:30 PM, Tracy Hoskins 2. In Attendance: Tracy Hoskins, Ron Autry, Sarah Bunch, Craig Honchell, William Chesser, Kyle Cook, Ryan Noble, and Janet Selby Absent: Porter Winston Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Cory Granderson, and Kit Williams 3. Approval of the minutes from the April 28, 2014 meeting. Motion: Commissioner Cook made a motion to approve the 4-28-14 minutes. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Commissioner Winston arrived after the minutes. 4. Old Business: RZN 14-4687: Rezone (659 N.GENEVIEVE AVEJDAVIS, 436): Submitted by BATES & ASSOCIATES for property located at 659 N. GENVIEVE AVE. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.62 acres. The request is to rezone the property to RSF-2 RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Derrick Thomas, applicant, stated that the RSF-2 zoning is compatible with surrounding RSF- 4 zoning. Commission Cook stated that there is only a 2"waterline in the area. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 1 of 12 Commission Winston asked what could be allowed. Commission Hoskins stated two houses. Commission Honchell asked about the zoning to the south. Fulcher stated that it's RSF-4. Commission Honchell stated he had no issue with RSF-2. Commissioner Hoskins stated he had no issue with RSF-2. Motion: Commissioner Autry made a motion to forward RZN14-4687 to the City Council. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 6-3-0. Commissioners Chesser, Cook, and Winston voted "no". Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 2 of 12 ADM 14-4720 Administrative Item (UPDATES TO THE DRAINAGE CRITERIA MANUAL AND UDC AMENDMENT CHAPTER 169 PHYSICAL ALTERATION OF LAND; CHAPTER 170 STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL;CHAPTER 179 LOW IMPACT DEVELOPMENT): Submitted by CITY ENGINEERING STAFF for updates to the Drainage Criteria Manual and revisions to the Unified Development Code, Chapters 169, 170, and 179. No staff report was presented. Public Comment: Aubrey Shepherd discussed that low impact development stormwater management is the most important thing you could be considering. No more public comment was presented. Motion: Commissioner Winston made a motion to table ADM 14-4720 indefinitely. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 3 of 12 CUP 14-4694: Conditional Use (1605 N. HILLCREST AVE./CHEADLE, 407): Submitted by MATTHEW G CHEADLE for property located at 1605 N. HILLCREST AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.24 acres. The request is for a conditional use permit to build an accessory structure. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Matt Cheadle, applicant, stated he has lived next door for 15 years and recently bought the field. Doesn't want to see it developed. Commissioner Winston stated he supported the request. Motion: Commissioner Winston made a motion to approve CUP14-4694. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 4 of 12 ADM 14-4726: Administrative Item (RAZORBACK AND 151" STREET/RAZORBACK STUDENT HOUSING, 599): Submitted by CRAFTON TULL for property located RAZORBACK AND 15TH STREET. The property is zoned UT, URBAN THOROUGHFARE and contains approximately 4.42 acres. The request is for modification to a condition of approval for a variance of the Streamside Protection Zone. Corey Granderson, staff engineer, gave the report. Jonathan Ely, applicant, described the project. No public comment was presented. Commissioner Winston discussed cleaning the system and performance of the system. Jonathan Ely discussed that as it gets clogged somewhat it may actually improve performance. Garner discussed options for maintenance and performance. Kit Williams, City Attorney, discussed that the applicant could also be required to report the maintenance of the system to the City. Commissioner Winston discussed that makes him feel comfortable. Motion: Commissioner Autry made a motion to approve ADM 14-4726, adding a condition of approval requiring the underground detention and LID feature to be maintained in accordance with the manufacturer's specifications and an annual report be provided to the City. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 5 of 12 LSD 14-4631: Large Scale Development (N. COLLEGE AND DRAKE ST./O'REILLY'S AUTO PARTS, 290): Submitted by BUDDY WEBB CONSULTANTS for property located at N.COLLEGE AND DRAKE ST. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 2.58 acres. The request is for construction of a 7,453 square foot auto parts retail store. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Paul Engel, applicant, stated he agreed with staffs recommendations. Commissioner Chesser asked if the applicant agreed with the 20 access easement. Fulcher stated yes. Commissioner Chesser stated he agreed with staff's recommendations. Commission Cook stated the Subdivision Committee wanted to see the sidewalk along College, wanted to the costs, but the cost is too high. Motion: Commissioner Winston made a motion to approve LSD14-4631 with all conditions as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 6 of 12 LSD 14-4697 Large Scale Development (3535 N. COLLEGE AVE/SJ COLLINS, 213): Submitted by JORGENSEN &ASSOCIATES for property located 3535 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.61 acres. The request is for three buildings totaling 61,572 square foot with approximately 330 associated parking spaces. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Justin Jorgensen, applicant, stated he agreed with the conditions. Commissioner Cook asked about the throat length. Fulcher described the changes since Subdivision Committee. Commissioner Cook asked about the retaining walls. Corey Granderson, Staff Engineer, stated the walls are no compliant. Commissioner Winston stated he liked how the southern building was positioned close to College Avenue. Commissioner Chesser commended the applicants for bringing the variances through up front with a restricted access proposed. Motion: Commissioner Chesser made a motion to approve LSD14-4697 with all conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 7 of 12 CUP 14-4705: Conditional Use(1956 MLK BLVD/WHAT-A-BURGER, 441): Submitted by KIMLEY-HORN AND ASSOCIATES for property located at 1956 MLK BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.31 acres. The request is for additional parking. LSD 14-4669: Large Scale Development (1956 MLK BLVD/WHAT-A-BURGER, 441): Submitted by KIMLEY-HORN AND ASSOCIATES for property located at 1956 MLK BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.31 acres. The request is for construction of a new 3,197 square foot restaurant. Jesse Fulcher, Senior Planner, read the staff report. Joe Neely, applicant, stated he agreed with the conditions. Public comment: Brant Barnes, neighbor, stated he owned the building they were buying and supported the project. Dorothy Ashworth, neighbor, stated she owned property to the west and wanted to know if a fence was being installed. No more public comment. Fulcher stated that a privacy fence will be installed along Ms. Ashworth's property line, since it is the back yard of a residential property. Motion: Commissioner Winston made a motion to approve CUP14-4705 and LSD14-4669 with all conditions as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 8 of 12 CUP 14-4692: Conditional Use (8525 GOOSE CREEK RD/LARSEN, 509): Submitted by CHARLES AND JUDITH LARSEN for property located at 8525 GOOSE CREEK RD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 3.39 acres. The request is for a conditional use permit to build a 1080 square foot accessory structure. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Judith Larsen, applicant, stated that the building will match the others on the property and that this is for her husband's mother in-law. Motion: Commissioner Chesser made a motion to approve CUP14-4692 as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 9 of 12 RZN 14-4703: Rezone (NE CORNER OF WEDINGTON AND RUPPLE ROAD/WEDINGTON ZONE 2, 400): Submitted by CITY STAFF for property located at NE CORNER OF WEDINGTON AND RUPPLE ROAD within the Wedington Corridor Neighborhood Plan Area. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE COMMERCIAL, and I- PZD, INDUSTRIAL PLANNED ZONING DISTRICT, and contains approximately 6.88 acres. The request is to rezone the property to CS COMMUNITY SERVICES. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Andrew Garner, Planning Director, noted for the Commission that Planning Staff, (Applicant) were requesting that the item be tabled until the PC meeting of June 09, 2014 because notification signage contained errors. Commissioners discussed property owner comments. Motion: Commissioner Chesser made a motion to table RZN14-4703 to the June 9th meeting. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 10 of 12 5. Reports: No reports 6. Announcements: No announcements 7. Adjournment Time: 6:50 PM 8. Submitted by: City Planning Division Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 11 of 12 Planning Commission May 27,2014 Agenda Item 1 Minutes 5-12-14 Page 12 of 12 CITY OF `017 a e evi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: May 27, 2014 SUBJECT: CUP 14-4723: Conditional Use (1979 S. FINGER RDIPAYNE, 596): Submitted by REID & ASSOCIATES for property located at 1979 S. FINGER RD. The property is zoned R-A, RESIDENTIAL - AGRICULTURAL and contains approximately 14.80 acres. The request is for a tandem lot. RECOMMENDATION: Staff recommends approval of CUP 14-4723 with conditions. BACKGROUND: The subject property is comprised of two large wooded lots totalling approximately 22.29 acres within the R-A zoning district. Tract 'A' is an existing, non-conforming lot of approximately 1.0 acre and 210 feet of street frontage. Tract 'B' is an existing conforming lot of approximately 22.24 acres and approximately 300 feet of street frontage. The R-A zoning district requires a minimum lot area of 2 (two)acres and 200 feet of street frontage. Both lots have access to Finger Road, a two lane, unimproved Master Street Plan designated Collector street. A portion of the property is within the Hillside-Hilltop Overlay District (HHOD.) The property is also affected by the Streamside Protection Zone where it is crossed by the North Fork of the Farmington Branch. A small part of the property lies within the 100 year flood plain. Surrounding land uses are listed in Table 1. Table 1 Surroundin9 Land Use/Zoning Direction Land Use Zoning from Site North Undeveloped/Single- RSF-4, Single-family family South Undeveloped/Single- Unincorporated Washington County family East Undeveloped/Single- R-A, Residential Agricultural/RSF-4, Single- family family Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 1 of 17 West Undeveloped/Single- R-A, Residential Agricultural family CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan gives this site a mixture of three different designations, including: Rural Area, Natural Area, and Civic and Private Open Space/Parks Areas. DISCUSSION: Request: The applicant proposes a property line adjustment to increase the size of Tract 'A' from 1.0 acres to 7.41 acres, and to decrease the size of Tract 'B' from 22.24 acres to 14.8 acres. They then proposed to split Tract `B' into two lots of approximately 9.79 and 5.01 acres. The 9.79 acre lot would be a tandem lot, as it would only have approximately 51 linear feet of frontage on Finger Road. Pursuant to Chapter 163.12 Tandem Lot Development, the Planning Commission may create this lot by conditional use approval. Public Comment: Staff has received public comment from two adjoining property owners, both of whom object to the creation of the tandem lot, and ask that the Planning Commission deny the request. Mrs. Moorman, who owns a large parcel to the west of the subject property, said that in her opinion, additional development over and above that which is currently allowed by right is not appropriate in an area where conservation and open land are the City's future goals according to the City Plan 2030 Future Land Use Map (FLUM). She was also concerned with impacts to the stream, and surrounding wetlands. (The presence of designated wetlands could not be confirmed by staff.) Mrs. Moorman noted that she would not be opposed to the request if the Planning Commission required the protection/conservation of the western portion of the property,where the FLU designates the area as Civic and Private Open Space/Parks Area. Mr. Dennis Brooks, who owns property where Finger Road curves to the west, said that the subject property contained ponds and was 'marshy' and not suitable to development in his opinion. He did not agree with the street frontage shown on his property, saying that he believed his frontage was greater and the subject property contained less than shown. Mr. Brooks did not provide a survey. Recommendation: Staff recommends approval of CUP 14-4723 with the following conditions: Conditions of Approval 1. Any residential driveway crossing of the North Fork of the Farmington Branch shall be limited to one (1) drive shared between the new tandem lot GAETC\Development Services Review\2014\Development Review\14-4723 CUP 1979 S.Finger Rd(Payne)\03 Planning Commission\05-27-14\Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 2 of 17 (Tract B) and Tract A, subject to review and approval by the City Engineer in accordance with City Codes. 2. The development of homes on Tracts 'A' and 'B' shall comply with the driveway separation required by the access management ordinance. Planning Commission Action: ❑ Approved ❑ Forwarded ❑ Denied Meeting Date: May 27, 2014 Motion: Second: Vote: FINDINGS OF THE STAFF 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 conditional use approval for a tandem lot. 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. GAETC\Development services Review\20140evelopment Review\14-4723 CUP 1979 S.Finger Rd(Payne)\03 Planning Commission\05-27-141Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 3 of 17 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 Chapter 163.12 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use is not likely to have negative effect on the public interest. The proposed properties are typical for the area, which has a large variety of lot and home sizes. (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: A tandem lot must have access via a private driveway located within an access easement on its own lot, or on an adjacent lot that has street frontage. The low volumes and low speeds generated by residential use should not create vehicular or pedestrian safety issues. It appears that drives for future residential development on these lots may need to cross the North Farmington Branch, where grading is limited by the Streamside Protection Zone. In Staff's opinion, the number of residential driveway crossings should be limited to that GAETCOevelopment Services Review120140evelopment Review114-4723 CUP 1979 S.Finger Rd(Payne)103 Planning Commission105-27-141Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 4 of 17 number allowed to the property before the creation of the tandem lot. Stream crossings may be permitted when the City Engineer determines that there is no practical alternative.In this case staff feels that one crossing should be shared between the existing and new lots, subject to review by the City Engineer. (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 potential development of three single-family homes allowed by the zoning district should not result in adverse impacts related to parking, economic, noise, glare, or odor effects. (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. In a tandem lot situation, such as proposed, the tandem lot is required to place their trash cart out at the street. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: The proposed lots have access to water, but no access to sewer without a main extension of more than 1500 ft. The City Engineer will not require an extension to the property in this case. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Residential uses are not required to be screened. (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: No signage is being proposed. GAETC\Development services Review\2014\Development Review\14-4723 CUP 1979 S.Finger Rd(Payne)\03 Planning Commission\05-27-14\Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 5 of 17 (g.) Required yards and other open space; and Finding: The proposed tandem lot shall meet all setbacks for a single-family dwelling on a tandem lot. (h.) General compatibility with adjacent properties and other property in the district. Finding: The adjusted lots would allow for three new single-family dwelling on lots with areas similar to many of the surrounding properties. CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE CHAPTER 163: USE CONDITIONS 163.12 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for single- family dwellings only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. Finding: The proposed tandem lot will be located behind a conforming lot. (B) Findings. Before any conditional use for tandem lot development shall be granted, the Planning Commission shall determine that: (1)Tandem lot development will not significantly reduce property values in the neighborhood. in determining whether property values will be significantly reduced, the Planning Commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots. Finding: The proposed tandem lot will be larger than required under the R-A zoning minimum areas, and will be consistent with the variety of lot sizes in the neighborhood. In staff's opinion, the development of a single-family home on the proposed tandem lot will not reduce property values in this area. (2) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. GAETC\Development Services Review\2014\Development Review\14-4723 CUP 1979 S.Finger Rd(Payne)\03 Planning Commission\05-27-14\Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 6 of 17 Finding: The subject property and surrounding properties have been sub- divided many times through the years, with the result that there is a large parcel of unbuilt land behind existing lots, many of which do not conform to the requirements of the R-A zoning district. The subject property cannot reasonably be developed into a standards lot and block configuration in its current zone because of the lot shape, steep terrain, and floodplain through the property. (C) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. Finding: Each lot will maintain a driveway accessed by a shared private drive (if necessary) that connects directly to a public street. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. Finding: A new driveway will have to meet minimum separation requirements for single-family development. (3) The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Fayetteville Board of Adjustment. Finding: The lots exceed the minimum lot width and area requirements of the zoning code, excluding the street frontage requirement, which is the reason this Tandem Lot request is being made. (4) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of G:\ETC\Development Services Review\2014\Development Review\14-4723 CUP 1979 S.Finger Rd(Payne)\03 Planning Commission\05-27-14\Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 7 of 17 Fayetteville Code of Ordinances Chapter 50.20 (B). The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than 12 hours before or after regular trash pickup in accordance with Chapter 50.20 (B) Finding: The applicant shall coordinate with the Solid Waste Division regarding solid waste disposal to ensure that the intent of this ordinance is met (see conditions of approval). (5) Setback. Each tandem lot shall have a minimum building setback requirement of 15 feet from all property lines unless a variance is granted by the Fayetteville Board of Adjustment. Finding: The tandem lot shall have a minimum building setback requirement of 15 feet from all property lines. BUDGET/STAFF IMPACT: None Attachments: • UDC Section 163.12 • Applicant's letter • Site plan • Enlarged Site Plan • Aerial Image • Zoning Map • Existing Land Use Map • One Mile Map • City Plan 2030 Future Land Use Map GAETC\Development Services Review\2014\Development Review\14-4723 CUP 1979 S.Finger Rd(Payne)\03 Planning Commission\05-27-14\Comments and Redlines Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 8 of 17 Fayetteville Unified Development Code 163.12 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for a single-family dwelling and customary accessory structure and/or dwelling unit only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. (B) Findings. Before any conditional use for tandem lot development shall be granted, the Planning Commission shall make the following findings: (1) Tandem lot development will not be inconsistent with the size and development pattern in comparison with other lots in the neighborhood and the underlying zoning district. (2) The configuration of the property, existing surrounding development, and/or terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. (C) Requirements. Development of a tandem lot shall be subject to the following requirements: (1) The tandem lot shall have access to a public street by way of a private drive with a minimum width and specification, such as a vehicular turnaround, as determined by emergency response providers in accordance with applicable local, state, and federal codes. The tandem lot owner shall be responsible for maintaining said private drive so that emergency vehicles have safe access to the dwelling located on the lot. Parking of vehicles in the designated private drive for emergency vehicle access shall not be permitted. The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 18 feet from said right-of-way in accordance with the driveway design standards in Fayetteville Unified Development Code Chapter 172. (2) The distance between the private drive of a tandem lot and any adjacent driveway shall not be less than the minimum distance between curb cuts in Fayetteville Unified Development Code Chapter 166 Street Design and Access Management Standards. (3) The tandem lot, excluding the private drive, shall conform to the minimum lot width and lot area requirements of the zoning district in which it is located, unless a variance is otherwise granted by the Fayetteville Board of Adjustment. (4) Solid waste service for the tandem lot shall be provided by customers placing standard residential garbage carts, recycling bins, and yard waste at a designated collection point on trash day in accordance with City of Fayetteville Code of Ordinances Chapter 50.20 (B).The designated collection point shall be identified at the time the tandem lot is created, in coordination with the City Solid Waste Division. Garbage carts and recycling bins shall not be placed at the collection point more than 12 hours before or after regular trash pickup in accordance with Chapter 50.20 (B) (5) Setback. Each tandem lot shall have a minimum building setback requirement of 15 feet from all property lines unless a variance is granted by the Fayetteville Board of Adjustment. (Ord. 5313, 4-20-10) Planning ommission Mailing Address: Ma 2014 ww 113 W. Mountain Street w .faye VgT9Qpv Fayetteville,AR 72701 14-4723 Payne Page 9 of 17 A rw:�\ Alan Reid & ASSOCIATES, LLC PROFESSIONAL LAND SURVEYORS April 23,2014 City of Fayetteville Planning&Engineering 125 W.Mountain Street Fayetteville,Arkansas Re:Letter of Transmittal Conditional Use Application Dear Planner, On behalf of my client,Kendra Payne,I am submitting for your review a Conditional Use Permit to the zoning regulations as it applies to the proposed Property Line Adjustment and Tract Split.The property address is 1979 S.Finger Road.An existing one acre tract will be enlarged to 7.41 acres. That 7.41 acre tract will meet the road frontage requirement.The remaining 14.80 acres will be divided into two tracts of 9.79 and 5.01 acres.The 5.01 acre tract will also meet frontage requirements.The proposed 9.79 will not meet the frontage requirements for the current zoning and a variance is being requested for that tract. If you have any questions and/or comments,please contact me at my office. R ly, Al Reid Professional Land Surveyor Arkansas Registration 1005 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveying@sbcglobal.net Planning Commission May 27,2014 Agenda Item 2 14-4723 Payne Page 10 of 17 — se�Nvxar I31131(lJ —1/7c/S 1�V2/1 .. _,.>o.... JNA V, o nvoa aa.�Na •�• •• �". N PoH IIP.IV �V e I :rva s�n ix i n a n e • v s :� a ........... 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L - Multi-Use Trail (Existing) Future Trails - - Fayetteville City Limits ft U P14-4723 Footprints 2010 — Hillside-Hilltop Ovi day District Design Overlay Di trict Design Overlay Di strict 0 200 400 Boa 1,200 1,600 Planning Comm! sion ------ Planning Area Feet May 27,2014 14-4723 Payne Page 14 of 17 CUP14-4723 PAYN E Current Land Use A SINGLE FAMILY SUBJECT PROPERTY SINGLE FAMILY �} i. Ir,I ' g p,L61,1Fayetteville City Li its e CUP14-4723 Footprints 2010 Design Overlay Di trict Design Overlay Di trict 0 200 400 800 1,200 1,600 Planning Commi sion ------ Planning Area Feet May 27,2014 14-4723 Payne Page 15 of 17