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HomeMy WebLinkAbout2003-01-13 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday,January 13,2003 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville, Arkansas. Roll Call The following items will be considered: Consent Agenda: Approval of minutes from the December 9,2002 meeting 1. VAC 03-1.00: Vacation (AMC Land,pp 562)was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue on 9`h Street. The property is zoned C-2,Thoroughfare Commercial and I-1, Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 0 Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. New Business: 2. CCP 02-2.00: Concurrent Plat(Sparks,pp 572)was submitted by Daniel Sparks for property located at 6290 Danita Street. The property is zoned R-1, Low Density Residential and contains approximately 0.94 acres with two lots proposed(0.47 acres&0.47 acres). 3. CUP 03-1.00: Conditional Use(Habitat(13`h Street),pp 563)was submitted by Tom Webb of McGoodwin,Williams and Yates,Inc. on behalf of Habitat for Humanity of Fayetteville for property located at 221,223, &225 E. 13`h Street. The property is zoned R-2,Medium Density Residential and contains approximately 0.55 acres. The request is for a tandem lot. 4. LSD 02-30.00: Large Scale Development(Southern View Apartments,pp 519)was submitted by Jerry Kelso of Crafton, Tull, &Associates on behalf of Lindsey Management for property located at the northeast comer of Futrall Drive and Old Farmington Road. The property is zoned RMF-18,Medium Density Multi-Family Residential and contains approximately 19.39 acres with 312 units proposed. 5. PPL 02-15.10: Preliminary Plat(Crystal Springs,Phase III,pp 246)was submitted by Mel Milholland Company on behalf of Crystal Springs LTD for property located east of Pyrite Drive on Crystal Drive. The property is zoned R-1,Low Density Residential and contains approximately 35.13 acres with 99 lots proposed. The request is to change the conditions of approval of PPL 02- 15.00. 6. RZN 03-1.00:Rezoning(McClinton,pp 484)was submitted by Laura Kelly of Robert Sharp Architect on behalf of David McClinton for property located at 240 Block Avenue. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.92 acres. The request is to rezone to C-3, Central Commercial. K.IAGENDAIP02003 1-13-03.DOC 7. RZN 03-2.00: Rezoning(Foster,pp 60)was submitted by Dave Jorgensen of Jorgensen& Associates on behalf of Mark Foster for property located at the southeast corner of Crossover and Albright Road. The property is zoned A-1,Agricultural and contains approximately 3.36 acres. The request is to rezone to R-O,Residential Office. 8. RZN 03-3.00: Rezoning(Foster,pp 60)was submitted by Dave Jorgensen of Jorgensen& Associates on behalf of Mark Foster for property located at the southeast corner of Crossover and Albright Road. The property is zoned A-1,Agricultural and contains approximately 6.65 acres. The request is to rezone to R-1,Low Density Residential. 9. ANX 03-1.00: Annexation (Brandon/Anderson,pp 61/100)was submitted by Michele Harrington of Harrington,Miller,Neihouse&Krug on behalf of Gary Brandon of Gary Brandon Enterprises,Inc.for property owned by George&Saralee Anderson and located at 3632 East Zion Road. The property is in the Planning Area and contains approximately 57.01 acres. The request is to annex into the City. 10. RZN 03-4.00: Rezoning(Brandon/Anderson,pp 61/100)was submitted by Michele Harrington of Harrington,Miller,Neihouse&Krug on behalf of Gary Brandon of Gary Brandon Enterprises, Inc. for property owned by George& Saralee Anderson and located at 3632 East Zion Road. The property is in the Planning Area(requesting annexation to A-1,Agricultural)and contains approximately 57.01 acres. The request is to rezone to R-1, Low Density Residential. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning(575-8264), City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. K.WGENDAW0200311-13-03.DOC ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item - Chairman B. Presentation of request-Applicant C. - Public Comment D. Response by Applicant/Questions&Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member 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. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2002 Planning Commissioners: Lorel Aviles - Chairman Bob Estes -Vice Chairman Lee Ward- Secretary Nancy Allen Don Bunch Sharon Hoover Alice Church Loren Shackelford Alan Ostner YAC 03-1.00 Page 1 PC Meeting of January 13,2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS AMC Land Right-of-Way Vacation 113 W. Mountain St Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: November 9,2002 Project: VAC 034.00: Vacation (AMC Land,pp 562) was submitted by Kim Scott of Mountain Mechanical Contractors on behalf of Gary Harvey of AMC Land Associates and Mountain Mechanical Contractors for property located west of South School Avenue.on 90' Street. The property is zoned C-2, Thoroughfare Commercial and I-1,Heavy Commercial/Light Industrial and contains approximately 0.32 acres. The request is to vacate 9a' Street west of South School and north of Block 17 and south of Block 16 in the Ferguson's Addition. Findings: See the attached maps and legal descriptions for the exact locations of the requested right-of-way vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric—No.Objections Southwestern Electric Power Company-NA Arkansas Western Gas-No Objections, Retain 20' utility easement for existing gas line which was filed for record November 20, 2002 in Washington County. SW Sell—No Objections,Requests a 20' utility easement along School Street through this existing right-of-way. Cox Communications No Objections City of Fayetteville: Water/Sewer—No Objections,Must maintain 30' wide easement centered-on-the fisting sewer line but extending from the east to the west end of the property. Street Department-No Objections Solid Waste -No Objections Engineering—No objections. Planning Commission January 13, 2003 " VAC 03-1 AMC Land Page 1.1 PETITION TO VACATE THE UNOPENED PORTION OF NINTH STREET WHICH IS LOCATED EAST OF SOUTH SCHOOL STREET AND SOUTH OF LOTS 2 AND 8 OF BLOCK 16 AND NORTH OF LOTS 1 AND 24 BLOCK 17 OF THE FERGUSON ADDITION. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We the undersigned,being all the owners of the real estate abutting the right-of-way hereinafter sought tote abandoned and vacated, lying east of South School Avenue and south of Lots 2 and 8 of Block 16 and north of Lots 1 and 24 of Block 17 of Ferguson Addition, City of Fayetteville, Arkansas, a municipal corporation,petition to vacate a right-of-way which is described as follows: Beginning at apoint which is 16 feet East of the Northwest corner of Lot 24 Block 17, Ferguson Addition to the City of Fayetteville,Arkansas, and running thence North 55 feet, more or less,to the South line of Lot 2,Block 16,Ferguson Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due North of the Northeast corner of Lot 1,Block 17,Ferguson Addition to the City of Fayetteville, Arkansas,.and running thence South 55 feet,more or less, to the Northeast comer of said Lot 1,Block 1L7, Ferguson Addition,thence West along the North line of said Block 17, Ferguson Addition to the point of beginning. That the abutting real estate affected by said abandonment of the street right-of-way are Lots 2 and 8 of Block 16 of the Ferguson Addition and Lots l and 24 of Block 17 of the Ferguson Addition, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandon- ment of the unopened portion of the above described street. The petitioners pray that the City of Fayetteville,Arkansas, abandon and vacate the above described real estate, subject however,to the existing utility easements and sewer easements as required, and that the above described real estate be used for their - respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be - abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easement of the public for the use of said street right-of-way. — Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.2` VAC 03-1.00 Page t Recommendation: Approval of the proposed right-of-way vacation 03-1.00 subject to the applicant providing the easements requested above, PLANNING COMMISSION ACTION: ves Required Approved Denied Date Comments CITY COUNCIL ACTION: _-ns Required Approved Denied Date: Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.3 Dated this 12th day of December, 2002. G arvey Edith Harvey Randy Parrish Raye Pansh Planning Commission January 13, 2003 VAC 03-1 AMC Land Page 1.4 i - onuwoUiv AO6iriAi:. 41y 44[ d4/�; 06/1;i/U2 12ij2; Jetfex pay/�t'aGB Z/2 LEGAL DESCRIPTION FOR STREET CLOSING PURPOSES i All that part of Ninth Street(unopened) that is described as follows. Beginning at a point which is 16 feet East.of the Northwest corner of Lot 24, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence North 55 feet, more or less, to the south line of Lot 2, Block 16, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence East to a point which is due north of the Northeast corner of Lot 1, Block 17, Ferguson's Addition to the City of Fayetteville, Arkansas, and running thence South 55 feet, more or less, to the Northeast corner of said Lot 1, Block 17, Ferguson's Addition, thence West along the North line of said Block 17, Ferguson's Addition to the point of beginning. r Planning Commissio January 13,200 VAC 03-1 AMC Lan Page 1. VAC03-1.00 AMC LAND Close Up View -.._: .. SUBJECT PROPERTY ... . ii o z: _ 4 _ a ...- i K2 _ 13TH ST is-'-��� nTa Si-._ Overview Legend Boundary -- Subject Properly --r„� '"`k !Planning Area Master Street Plan VAC03-1.00 8000$ Freeway/Expressway �00000°Overlay District __I Principal Arterial Streets L City Limits : sMinor Arterial ° n -..-, EldsOng �J Outside City Cdr' h,Collector PlanningCommissio ,pPlanned °*%° Historic Collector January 13, 206 0 75 150 300 450 500 VAC 03-1 AMC Lae Fe Page 1 VAC03-1.00 AMC LAND One MileileV View r • f • is a SUBJECT PROPERTY i N + l� I 1 \ 4 , Overview Legend ...- Subject Property Boundary Master Street Pian Freew Expae.y g000 VACO&1.00 ..00a i Planning Area Pancipel Medal Oveday Ciafict I Shasta oocooa Mi...Meow °�,]� ❑ !,) "�.;E doing 1.__I City Limits 0,%.collector Y .Outside City cess Huroae Coiiecror Planning Commission 0 0.1 0.2 0.4 0.6 0. ilt January 13, 2003 VAC 03-1 AMC Land Page 1.7 Planning Commission January 13,2003 VAC 03-1 AMC Land Page 1.8 CCP 02-2.00 Page PC Meeting of January 13.2003 FAYETTEVILLE TEE CITY OF FAYETTEVILLE,ARKANSAS Sparks,CCP 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin,City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: January 9,2003 Project: CCP 02-2.00 (1005): Concurrent Plat(Sparks,pp 572)was submitted by Daniel Sparks for property located at 6290 Danita Street. The property is zoned R-1, and contains approximately 0.94 acres. The request is to split into two tracts of 0.47 acres and 0.47 acres. Findings: Proposal: To split a 0.94 acre lot into two tracts of 0.47 acres and 0.47 acres. Existing Development: A lot split was previously approved for Mr. Palmer in which this .94 acre piece was created. Surrounding Zoning. North-A-1 South R-1 West-R-1 East- County Surrounding Land Use: Agriculture to the north and residential to the south and west. Water: An 8"water line runs on the south of the site. Sewer: A sanitary sewer line runs along the south of the site and an extension of the sewer line has been constructed. Recommendation: Approval subject to the following conditions: Conditions of Approval 1. Planning Commission determination of an off-site assessment for a new fire hydrant. Staff is recommending an assessment in the amount of$257.14. When this lot was created an assessment was made in the amount of$257.14 based upon the addition of one single family home. This lot split will have the same impact, therefore the same assessment is recommended. Planning Commission - January 13, 2003 CCP 02-2 Sparks Page 2.1 CCP 02-2.00 Page 2 4. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives -AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 5. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage,water, sewer, fire protection, streets(public and private), sidewalks, parking lot(s)and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 6. Payment of parks fees in the amount of$470.00 (1 unit @$470) Background: The project was reviewed at the October 16,2002 Technical Plat Review and the October 31, 2002 Subdivision Committee Meeting. Discussion at the Subdivision Committee meeting included the fire hydrant assessment and the sewer extension. The Subdivision Committee forwarded the preliminary plat to the full Planning Commission subject to all staff comments. Infrastructure: 1. Water: Improvements proposed. 2. Sanitary Sewer: Improvements proposed 3. Streets: New street construction proposed. 4. Grading and Drainage. A preliminary grading plan and drainage report have been submitted and reviewed for general compliance. A final review and approval will be necessary before construction can begin. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: Comments: Planning Commission - January 13,2003 CCP 02-2 Sparks Page 2.2 CCP 02-2.00 Page 3 CITY COUNCIL ACTION: Required Approved Denied Date: The "CONDITIONS OF APPROVAL",beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date Planning Commission January 13,2003 CCP 02-2 Sparks Page 2.3 CCp02-2.00 SPARKS Close Up View A-Y 0 SUBJECT PROPERTY EM Qs En Rt O © 0 3 u� ED R4 - o Em s HmTsqrccmlr R-? Overview Legend SPCcity 000 ooc 0 away Distnd Master Street Plan ICity Links r �7'� tlgrres atlpdy street, ^' Fmmay/Esway OpNsitle City Cy CCP02-2.00 —EAstlnJ OWNER Pnndpal Arterial auileigs IIIIIIII Planned Mirror Anenal •.1 ter ^ ?L L�Lakes Cdledw ?g-.V� aee a HhWnc CoIIW r - Flenning Area Planning Commission V� - Q zoning January 13, 2003 0 75 150 300 450 600 CCP 02-2 Sparks - Feet Page.2.4 CCP02-2.00 SPARKS One Mile View w d i y ¢ LAKE..SE 11 YAH R 4. 0 1 y £ A4 n I VY P RD SUBJECT PROPERTY `� 9}NED �.r HA N 0M OverviewLeGend Boundary Subject Property '^a,-�PianninBArea Master Street Plan 8oaaa CCP02-2.00 000000°Overlay District Freexay/Expressway A3'• -- Pnrcpal Artmial sveets City Limits ^�Eidstlrig MinorArterial j^I �11l .Plaar.ea Outside City Cdledor Hist cCollector i --' Planning Commission January 13,2003 0 0.1 0.2 0.4 0.6 O. iles ccP Page 2 get s Planning Commission January 13,2003 CCP 02-2 Sparks Page 2.6 - FAYETTEVILLE PC Meeting of Jan. 13, 200 THE CITY OF FAYETTEVILLE,ARKANSAS 113W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing, Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: Jan. 9, 2003 CUP 03-1.00: Conditional Use (Habitat (13th Street), pp 563) was submitted by Tom Webb of McGoodwin,Williams and Yates,Inc. on behalf of Habitat for Humanity of Fayetteville for property located at 221, 223, & 225 E. 13th Street. The property is zoned R-2, Medium Density Residential and contains approximately 0.55 acres. The request is for a tandem lot. RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. No vehicles shall be parked at any time on that portion of the tandem lot utilized as a private drive. 2. There shall be 25' between all three driveway curb cuts. 3. Tract B shall have a front setback of 25' from Willow Street. 4. Tract C shall have a rear setback of 25'. 5. Prior to obtaining a certificate of occupancy, the masonry garbage can holder,with screening,for each garbage can to be used, shall be constructed alongside 13th Street where the private drive leads,. 6. All lots shall contain only one single-family structure. 7. A minimum 4 ft. sidewalk with a minimum 6 ft. greenspace shall be constructed along 13th Street at the time of development. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: Jan. 13, 2003 K.VZEPORTS120031PCREPORTSI01-131CUP03-1_ILIBITATDOC Planning Commission', January 13, 2003 CUP 03-1 Habitat(13") Page 3.1a Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property Description: The subject property is three platted vacant lots located south of 13`h Street, east of Washington Ave.The neighborhood consists of similar sized platted lots,however,some lots have been combined and contain only one house. There is a platted,but not constructed,alley to the west of the tandem lot. Willow Street is a platted, but not constructed, street to the east of the property. Proposal and Request: The applicant proposes to construct three single-family houses on separate lots. The way that the lots are currently platted,two of the lots do not have access to a public street without the construction of Willow Street.The applicant is proposing a lot line adjustment that will create a tandem lot (Tract A on the attached property line adjustment). The proposed houses are 1,536 square feet. The applicant is requesting a conditional use for a tandem lot. Public Comment:An adjacent property owner has expressed concern over drainage on this property. Recommendation: Staff is recommending approval of the conditional use for a tandem lot. The property is currently platted into three lots.The tandem lot allows for a reconfiguration of those lots so that all have access to a public street. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Residential R-2,Medium Density Residential South Residential R-2,Medium Density Residential East Vacant R-2,Medium Density Residential West Residential R-2, Medium Density Residential GENERAL PLAN DESIGNATION: Residential § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: K.IREPOR7SI20031PCREPORTSIOI-131CUP03-1_HABITA7DOC Planning Commission January 13, 2003 CUP 03-1 Habitat(13`h) Page 3.2 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a 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. 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§163.28 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the conditional use should not adversely affect the public interest. There are currently three platted lots at this location,the request for a tandem lot is a reconfiguration of those lots. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual K:IREPORTS120031PCREPOR7S101-131CUP03-1_HABITA7DOC Planning Commission January 13, 2003 CUP 03-1 Habitat(13`h) Page 3.3 conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. 13th Street is a Local Street. The requirement will be to construct a minimum 4 ft. sidewalk with a minimum 6 ft. greenspace at the time of development. (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 proposed access is a 25' private drive with an access easement off of 13th Street between the two front lots (Tract C and Tract B). This is designed to meet the requirements for a tandem lot as set forth in §163.28. (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: Parking shall not be provided on the access drive,as required by§163.28.There appears to be adequate space for parking of vehicles on the tandem lot. (c.) Refuse and service areas,with particular reference to ingress and egress,and off-street parking and loading, Finding: A masonry garbage can holder with screening is proposed for placement at the intersection of 13th Street and the access drive, as required by §163.28. (d.) Utilities,with reference to locations,availability,and compatibility; Finding: Utilities are available to the site. (e.) Screening and buffering with reference to type, dimensions, and character; K.-MPORTS12003WCREPORTSIOI-13ICUP03-1_HABITA7DOC Planning Commission January 13, 2003 CUP 03-1 Habitat(13`h) Page 3.4 Finding: Screening and buffering is not required for this conditional use. (£) 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 signs are being proposed. (g) Required yards and other open space; and Finding: The proposed tandem lot has a 20' building setback on the north, south and west sides,and a 25' building setback on the east side,which complies with the requirements for a tandem lot.Tract B and C have incorrect setbacks.Tract B shall have a front setback of 25' from Willow Street.Tract C shall have a rear setback of 251. (h.) General compatibility with adjacent properties and other property in the district. Finding: The tandem lot is generally compatible with adjacent properties and other property in the district. §163.28 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 proposal is for development of three single-family dwelling units.There is no other tandem lot as a part of this tandem lot request. B. Requirements. 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 property is currently platted into three lots. The two interior lots do not have access onto a public street and cannot be developed without combining the K:IREPORTSI20031PCREP0RTSI01-131CUP03-1_HABITAYDOC Planning Commission January 13, 2003 CUP 03-1 Habitat(13'h) Page 3.5 lots,creating a tandem lot,or constructing Willow Street.The nearby lots were originally platted in a similar fashion as to the subject property.However,some lots have been combined and contain only one structure. The tandem lot development should not significantly reduce property values. 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. Finding: The current three platted lots do not permit access onto a public street for two of the lots. Further,it does not appear to be feasible for this property owner to construct Willow Street. 3. The tandem lot will have access to a public street by way of a private drive with a minimum width of 25 feet of equal and uniform width. The tandem lot owner shall be responsible for maintaining said 25-foot private drive so that sanitation and emergency vehicles have safe access to the dwelling located on the lot. 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 25 feet from said intersection. Finding: The applicant is proposing a 25' private drive access easement paved 25' from the intersection with 13th Street, as shown on the attached property line adjustment. 4. The safety zone between the private drive of a tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts in the standards for street design of Development, Chapter 166, for streets having a use designation higher than collector,the standards for collector streets shall apply. Finding: There shall be 25' between all three driveway curb cuts. 5. The tandem lot,excluding the 25-foot private drive,will conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portion of the lot having less than the required minimum width.No structure shall be placed on any portion of a tandem lot having less than the required minimum width. Finding: The minimum lot width requirement of the R-2 zoning district is 60', the proposed tandem lot is 1401.The minimum lot area requirement is 6,000 square feet and the tandem lot is 10,640 square feet,The tandem lot conforms with the requirements of the R-2 zoning district. K..-IREPORTS120031PCREPORTSI01-131CUP03-1_HABITATDOC Planning Commission January 13, 2003 CUP 03-1 Habitat(131h) Page 3.6 C. Setback. Each tandem lot shall have a minimum building setback requirement of 20 feet from all property lines and 25 feet from all street right-of-way lines. Finding: The proposed tandem lot has a 20' building setback on the north, south and west sides, and a 25' building setback on the east side. The tandem lot is 25' from all street right-of-way lines.Tract B and C have incorrect setbacks.Tract B shall have a front setback of 25'from Willow Street.Tract C shall have a rear setback of 25'. D. Vehicle/Private Drive. No vehicles shall be parked at any time on that portion of a tandem lot utilized as a private drive or on the vehicular turnaround required by Subsection E. below. The dwelling structure on a tandem lot shall not be located more than 200 feet from the end of the private drive nearest the structure. Finding: This shall be a condition of approval. E. Certificate of Occupancy. Before a certificate of occupancy is issued for a dwelling located on a tandem lot,the property owner shall: 1. Construct a 30-foot by 40-foot hard surface vehicular turnaround equivalent to SB-2 base or better at the end of the private drive and shall execute a written agreement granting the City permission to enter upon the private drive and turn around with sanitation vehicles; or 2. Shall construct a masonry garbage can holder, with screening, for each garbage can to be used, which garbage can holder shall be constructed alongside the street onto which the private drive leads. Finding: The attached property line adjustment shows a masonry garbage can holder with screening at the intersection of 13th street and the access drive. The tandem lot meets this requirement. K:VtEPORM20031PCREPOR73101-131CUP03-I_HABITA7DOC Planning Commission January 13, 2003 CUP 03-1 Habitat(13'h) Page 3.7 From Chapter 161 Zoning Regulations City of Fayetteville Unified Development Ordinance Zoning District: §161.06 DISTRICT R-2 MEDIUM DENSITY 2. Lot Area Minimum. RESIDENTIAL. Mobile Home Park 3 Acres Lot Within a Mobile 4,200 Sq.Ft. A.Purpose. The High Density Residential Home Park District is designed to permit and encourage the Row House: developing of a variety of dwelling types in suitable Development 10,000 Sq.Ft. environments in a variety of densities. Individual Lot 2,500 Sq.Ft. Single-Family 6,000 Sq.Ft. B.Uses. Two-Family 7,000 Sq.Ft. 1. Uses Permitted. Unit 1 City-Wide Uses by Right Three or More 9,000 Sq.Ft. Unit 8 Single-Family Dwellings Fraternity or Sorority 2 Acres Unit 9 Multifamily Dwellings-Medium Professional Offices I Acre Density 3. Land Area Per Dwelling Unit. 2. Uses Permissible on Appeal to Mobile Home 3,000 Sq.Ft. the Plannin a Commission. Unit 2 City-Wide Uses by Conditional Use Apartments: Two or More 2,000 Sq.Ft. Permit Bedrooms Unit 3 Public Protection and Utility Facilities One Bedroom 1,700 Sq.Ft. Unit 4 Cultural and Recreational Facilities No Bedroom 1,700 Sq.Ft. Fraternity or Sorority 1,000 Sq.Ft.per Unit I 1 Mobile Home Park 1 Resident Unit 25 Professional Offices E.Yard Re uirements(feet). C. Densit . FRONT YARD SIDE YARD REAR YARD Families Per Acre 4 to 24 25 8 25 D.Bulk and Area Regulations. Cross Reference: Variances Chapter 156. 1. Lot Width Minimum. Mobile Home Park 100 Feet F. Height Regulations.Any building Lot within a Mobile 50 Feet which exceeds the height of 20 feet shall be set back Home Park from any side boundary line an additional distance of One Family 60 Feet one foot for each foot of height in excess of 20 feet. Two Family 60 Feet (Code 1991, § 160.033;Code 1965,App,A,Art. 5(III);Ord.No.2320,4-5-77;Ord.No.2700,2-2-81) Three or More 90 Feet Professional Offices 100 Feet K.IREPORTS00031PCREPORTSI01-131CUP03-1_HABITA7DOC Planning Commission January 13, 2003 CUP 03-1 Habitat(13`h) Page 3.8 WRITTEN DESCRIPTION OF CONDITIONAL USE PERMIT PROPOSAL The attached Lot Line Adjustment Application will create a Tandem Lot for which this Conditional Use Permit Application is submitted. The owner, Habitat for Humanity of Fayetteville, proposes to construct a single-family residence on the tandem lot. The residence will be 32' x 48' = 1536 square feet. As shown on the attached drawing the residence will be located such that the north, south, and west walls will be inset 2' from the 20' set back lines. This is.to allow a 12" roof overhang. A 24' x 24' parking area will be located on the east side of the residence. 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S €p @e"8.r em•8 $4.6-. i. �m tni € .& °i: s a< ' ix . . 8E °e:a a$gg _ � �i N oaXm-'° .:C:f.r $s• sa 8�. 9tl 953 a3 a oz's .6F-;e° .s_sa e_ <- tS�sir°m. sYe 8$8_. 8€ <.. s•aa:8o:m_ m a:aN 9on,�.o s%.iE66E€ Planning Commission January 13, 2003 CUP 03-1 Habitat(13") Page 3.11 CloseUp View HABITAT 13th St Close Up View S; or R-2 y 12TH sr gob a% RWO ON am MEN L W ! R2 z� 1' 13TH Sr - f, t S66JECT PR4PERTY ran -- — ft2 0 t m R-2 g.2 Pit i if imp • — _ I i - a — I Ras t N JEW f I ! fiY a a' R-2 Overview Legend Subject Property Boundary Master Street Plan CUP03-1.00 r"N.� Planning Area Freeway/Expressway 00000g°"1Principal Arterial Streets� u ° 00veday District 000000 '-� 1 City Limits Minor Arterial P annin Commission Existing L ♦ Collector g L, --- i��Planned outside city January 13,2003 ---.1q ; ••••• Historic Collector Le 0 75 150 300 450` 600 CU 03-1 Habitat(13th) _. Feet Page 3.12