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Home My WebLink About2013-03-25 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting March 25, 2013 A meeting of the Fayetteville Planning Commission will be held on March 25, 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 Agenda Session Presentations, Reports and Discussion Items Presentation of Service Award to Matthew Cabe Consent. 1. Approval of the minutes from the March 11, 2013 meeting. 2. ADM 13-4354: Administrative Item(800 W MAPLE ST./KAPPA KAPPA GAMMA,444): Submitted by RETAIL REALTY GROUP, LLC for property located at 800 W MAPLE STREET. The property is zoned RMF-40, MULTI-FAMILY RESIDENTIAL,40 UNITS PER ACRE and contains approximately 6 acres. The request is for a variance from chapter 166.23 Urban Residential Design Standards. Planner: Quin Thompson Old Business: 3. PPL 13-4312: Preliminary Plat(S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION RD./BUFFINGTON S/D, 176): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTH OF GULLEY ROAD AND EAST OF NORTH OAKLAND-ZION ROAD. The property is in the PLANNING AREA and contains approximately 26.51 acres. The request is for a residential subdivision with 43 single family units and a community septic system. Planner: Andrew Garner New Business: 4. ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a variance of the Streamside Protection Zones. Floodplain Administrator: Sarah Wrede Planner: Andrew Garner 5. ADM 13-4345: Administrative Item (1326 N. TRINITY DR./HAWG DWELLINGS, 399): Submitted by ELY CONSTRUCTION SERVICES LLC for property located at 1326 NORTH TRINITY DRIVE. The property is zoned RT-12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately 0.25 acres. The request is for a variance to chapter 166.23 Urban Residential Design Standards. Planner: Quin Thompson 6. CUP 13-4333: Conditional Use Permit (1650 N. WHEELER RD./MCNAIR, 407): Submitted by BLEW AND ASSOCIATES for property located at 1650 NORTH WHEELER ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 8.93 acres. The request is for a tandem lot associated with LSP 13-4326. Planner: Quin Thompson 7.ADM 13-4353: (FORM BASED CODE AMENDMENTS): Submitted by CITY PLANNING STAFF. The request is to amend Chapters 151, 161, 164 and 172 to clarify build-to zone requirements, modify building height in certain zoning districts, and provide design requirements for auto-oriented commercial facilities. Planning Staff The following item has been approved administratively by City staff. LSP 13-4324: Lot Split (330 E. MARTIN LUTHER KING BLVD./NIEDERMAN, 524): Submitted by BATES AND ASSOCIATES for property located at 330 EAST MARTIN LUTHER KING BOULEVARD. The property is zoned NC,NEIGHBORHOOD and contain one lot totaling 0.31 acres. The request is for a lot split resulting into two tracts of approximately 0.22 and 0.09 acres. Planner: Jesse Fulcher NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on March 11, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: February 25,2013 Approved Page 3 Old Business: LSD 12-4295: Large Scale Development(2530 W.WEDINGTON RD./CASEY GENERAL STORE, 402): Page 4 Denied PPL 13-4304: Preliminary Plat(INTERSECTION OF N. HUGHMOUNT RD. &W. MT. COMFORT RD./HUGHMOUNT VILLAGE,282): Page 6 Approved New Business: ADM 13-4332: Administrative Item (4149 W.BRADSTREET LN./RUPPLE ROW POA,439): Page 7 Approved RZN 13-4310: Rezone (N. OF THE INTERSECTION OF N. GREGG AVE. AND W.VAN ASCHE DR./HAAS HALL, 172): Page 8 Approved PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION RD.BUFFINGTON S/D, 176): Page 9 Tabled CUP 13-4311: Conditional Use Permit(2220 E. HUNTSVILLE RD./DOLLAR GENERAL,566): Page 12 Denied Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 1 of 12 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Kyle Cook Craig Honchell William Chesser(present after Casey's) Blake Pennington Porter Winston Ryan Noble Sarah Bunch(present after consent) Matthew Cabe STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman Sarah Wrede CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Craig Honchell called the meeting to order. Chairman Honchell requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Chesser and Bunch were present. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 2 of 12 Consent. Approval of the minutes from the February 25, 2013 meeting. Motion• Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 3 of 12 Old Business: LSD 12-4295:Large Scale Development(2530 W.WEDINGTON RD./CASEY GENERAL STORE,402): Submitted by BATES AND ASSOCIATES for property located at 2530 WEST WEDINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.54 acres. The request is for 4,223 square foot convenience store with associated parking. Jesse Fulcher, Current Planner,read the staff report. Megan Dale,Urban Forester,discussed the recommendation for denial and discussions with applicant during review process. Glenn Newman, Staff Engineer, stated that staff is opposed to the right-in access design based on previous traffic study. Geoff Bates, applicant, stated that Casey's has to have the right-in access and the project won't go forward without it.AHTD has said no to constructing a raised median on Wedington.Casey's doesn't want to move the building closer to the apartments, so we weren't able to save the cluster of trees by the building. Commission Hoskins asked if staff could support a right-in design similar to what Kum&Go proposed. Newman stated that staff is a little hesitant at this location, but possibly could with a restrictive design. Commissioner Hoskins asked staff if there was a design that could work. Newman stated that the traffic engineer hired by Kum&Go recommended a different design.I'm not a traffic engineer. Bates stated they can't build a median as recommended by the previous traffic engineer. Fulcher stated that a full access can be approved by AHTD.They don't have regulation that denies access,only the design of the access.However,the state did agree with restricting access when we reviewed the Kum&Go project in 2011. If the applicant wants to redesign the driveway then it needs to be presented to the Planning Commission at a future meeting. Commissioner Hoskins stated he was going to ask the applicant if he wanted to table and come back with a new design and tree preservation plan. Dale stated that the site is relatively flat and the applicant could save additional trees with site changes. Bates stated that Casey's won't move the building. There is 5 feet of ill on the east side, so the site isn't necessarily flat. Commissioner Cabe stated he agreed with staff and the traffic engineer. Access on to Wedington in this location won't be safe and the trees should be preserved. Commissioner Winston stated he agreed with Commissioner Cabe's comments. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 4 of 12 Motion 1• Commission Hoskins made a motion to approve a right-in only driveway on Wedington with final design approval required by AHTD and the City Engineer, as a separate motion. Commission Noble seconded the motion. Upon roll call the motion to allow a limited access on Wedington failed with a vote of 3-5-0. Commission Honchell asked if the decision could be postponed until the final highway design was complete. Kit Williams, City Attorney, stated that it would be too long to wait. Commissioner Cook stated that we aren't limiting access to this site. It has full access through a signalized intersection. Part of the issue with access is the intensity of traffic generated by this business type. Commission Hoskins stated he didn't see the point in tabling the request. Motion 2: Commissioner Hoskins made a motion to approve LSD 12-4295 finding in favor of the driveway access and tree preservation plan, and agreeing with staff on the remaining conditions. Commissioner Cabe seconded the motion. Upon roll call the motion failed with a vote of 3-5-0 with Commissioners Winston,Bunch, Cabe, Pennington and Cook voting `no'. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 5 of 12 PPL 13-4304:Preliminary Plat(INTERSECTION OF N.HUGHMOUNT RD.&W.MT.COMFORT RD./HUGHMOUNT VILLAGE, 282): Submitted by ENGINEERING DESIGN ASSOCIATES for property located on NORTH HUGHMOUNT ROAD, NORTH OF WHEELER ROAD (FORMERLY CHERRY HILLS SUBDIVISION). The property is in the PLANNING AREA and contains approximately 54.13 acres. The request is for a residential subdivision with 129 single family lots and 9 common property lots. Jesse Fulcher, Current Planner,read the staff report. Glenn Newman, Staff Engineer, described the utility improvements. Kim Hesse, applicant, described the history of the project and communication with neighboring property owners. Commission Winston asked staff to clarify the street improvements. Fulcher described the recommended street improvements from the City and those required by the County. Motion#1: Commissioner Cabe made a motion to approve PPL 13-4304 with all conditions. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 with Commissioner Hoskins voting `no'. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 6 of 12 New Business: ADM 13-4332: Administrative Item (4149 W. BRADSTREET LN./RUPPLE ROW POA, 439): Submitted by GENE DRESEL for the RUPPLE ROW SUBDIVISION. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT. The request is for a variance of the Urban Residential Design Standards. Jesse Fulcher, Current Planner, gave the staff report. Gene Dressell,applicant, stated that the POA is trying to keep a cohesive feel to the neighorbood. Motion: Commissioner Chesser made a motion to approve ADM 13-4332 with all conditions. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 7 of 12 RZN 13-4310: Rezone(N. OF THE INTERSECTION OF N. GREGG AVE. AND W.VAN ASCHE DRJHAAS HALL, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located NORTH OF THE INTERSECTION OF NORTH GREGG AVENUE AND WEST VAN ASCHE DRIVE. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains approximately 17.28 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Quin Thompson, Current Planner, gave the staff report.. Ryan Gill,Applicant, introduced himself and offered that he would answer any questions the Commission might pose concerning the rezone or proposed project. Commissioner Chesser said that the proposed rezone to P-1 was a good use of the land, in his opinion. Motion: Commissioner Chesser made a motion to table LSD 12-4295 until 3-11-13. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-1. Commissioner Hoskins did not vote. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 8 of 12 PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION RD./BUFFINGTON S/D, 176): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTH OF GULLEY ROAD AND EAST OF NORTH OAKLAND-ZION ROAD. The property is in the PLANNING AREA and contains approximately 26.51 acres.The request is for aresidential subdivision with 43 single family units and a community septic system. Jesse Fulcher,Current Planner,read the staff report. Glenn Newman, Staff Engineer, discussed the gravity sewer system and creek crossing. Jared Inman, applicant, stated that they disagree with three of the conditions.In their opinion there didn't need to be a crossing over the creek.The streamside ordinance wants to limit the number of creek crossings. Additionally,the County wants the riparian area to be preserved. Secondly,the stub-out to the east shouldn't be required.They are within the block length requirements in this area.The house on the adjacent property is very large and the remaining land is too small for a subdivision. Lastly,the developer doesn't want to build the sidewalk up front. The developer and home builder are the same in this case, so the sidewalks will be completed as each house is completed. Sidewalks will have to be torn out during house construction if they are installed with the streets. The developer will bond for the sidewalks to ensure they are constructed. Commission Chesser asked about the eastern stub-out. Fulcher stated it was between Lots 14 and 15 and the property could be developed if the pond were filled. Commissioner Chesser asked about streamside crossings. Fulcher stated that there should be at least one crossing in this area. Commissioner Winston asked the lot by the creek could be developed. Fulcher stated it was unlikely. Commissioner Hoskins asked if it would be easier to connect over the creek if the street were shifted ease. Newman stated the cost would be approximately the same. Commissioner Hoskins stated the connection through Bridgewater subdivision will be difficult, since it wasn't constructed,only right-of-way dedicated.Don't want to see that happen here as well.Why didn't staff recommend similar street improvements for the previous project(Hughmount Village)as this project,both are in the County. Fulcher stated that the County was required the developer for Hughmount to overlay and widen Hughmount Road for approximately 3,300 linear feet at a cost of several hundred thousand dollars. Adding additional street improvements were not likely proportional to the development impact, all things considered. Kit Williams,City Attorney,stated there are other properties that may benefit from a stream crossing and this land should be incorporated into a ratio to determine the amount of improvements. Given the amount of surrounding property that may benefit this developer should be responsible for approximately 27% of the crossing costs. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 9 of 12 Commissioner Cabe discussed the recommendations made by the Subdivision Committee.Agreed with Kit's rational. Motion 1• Commissioner Winston made a motion to approve the project finding in favor of condition #1, recommending an assessment for 27%of the estimated cost for the stream crossing, no stub-out to the east, and in favor of all recommended street improvements except sidewalk construction. Sidewalks may be bonded and constructed with the houses. Commissioner Cook seconded the motion. Commissioner Chesser stated that he thought the assessment should be for 33% based on the benefits to surrounding properties. Commissioner Winston amended his recommendation to 30%. Cook seconded the amendment. Clay Carlton,applicant,stated that he wasn't against the southern connection.We will dedicate right-of-way. We are already making street improvements to existing streets. Please consider the assessment is on top of these other improvements. Commissioner Hoskins discussed the amount of the assessment based on surrounding properties. Commissioner Chesser stated he agreed with bonding the sidewalk. Motion 2• Commissioner Chesser made a motion to amend the assessment amount to 40% based on the amount of surrounding land. Commissioner Cabe seconded the motion. Commissioner Hoskins asked if the city will have to inspect the sidewalks. Newman stated that staff reviews sidewalk construction for each subdivision once per year, but there is no quality control in the County, because we don't inspect sidewalk construction as the homes are built and inspected. Commission Hoskins stated that is one of the minuses of building in the County. Commission Honchell stated there are too many assessment figures being thrown around and it makes light of a serious discussion. Commissioner Chesser stated that he thought the first percentage was based on acreage, whereas his recommendation was based on the number of properties. It didn't seem like this development was bearing much of the cost. Inman asked if they could be tabled. Commissioner Chesser withdrew his motion. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 10 of 12 Commissioner Winston stated he could agree with no assessment. Will withdraw motion. Motion 3• Commissioner Chesser made a motion to remove the condition for the eastern stub-out. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Motion 4: Commissioner Chesser made a motion to table PPL 13-4312 till the next meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 11 of 12 CUP 13-4311: Conditional Use Permit(2220 E. HUNTSVILLE RD./DOLLAR GENERAL,566): Submitted by COOVER CONSULTANTS for property located at 2220 EAST HUNTSVILLE ROAD. The property is zoned R-O,RESIDENTIAL OFFICE and contains approximately 0.89 acres. The request is for a conditional use permit for a Dollar General Store (Use Unit 15). Jesse Fulcher, Current Planner, gave the staff report. Gary Coover, applicant, stated this was the old Mhoon Beef building with a gas station across the street. Commissioner Hoskins stated he tended to agree with staff. A rezoning to a formed based code might be a good idea here. Coover stated the thought about rezoning, but staff said they wouldn't support. Commissioner Hoskins asked staff to explain. Fulcher stated that the developer asked about rezoning the property to C-1 or C-2 commercial. Staffs recommendation was that a conditional use application would be a better option than a rezoning to one of these commercial districts. Kit Williams, City Attorney, stated that the building would be moved closer to the street in a form based district. Coover stated that most of the houses sit back from the road. Commissioner Hoskins stated that the development needs to be integrated with the surrounding houses. Commissioner Cabe stated he agreed with Commissioner Hoskin's comments. Motion: Commissioner Cabe made a motion to deny CUP13-4311. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-1-0 with Noble voting `no'. There being no further business, the meeting was adjourned at 7.50 PM. Planning Commission March 25,2013 Agenda Item 1 03-11-13 minutes Page 12 of 12 • aye ole PC Meeting of March 25, 2013 ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: March 21, 2013 ADM 13-4354: Administrative Item(800 W Maple St, 444): Submitted by RETAIL REALTY GROUP, LLC for property located at 800 W MAPLE STREET. The property is zoned RMF-40, MULTI-FAMILY RESIDENTIAL,40 UNITS PER ACRE and contains approximately 6 acres.The request is for a variance from chapter 166.23 Urban Residential Design Standards. Planner: Quin Thompson Findings: Property description and background: This property contains approximately 6 acres,located on the northwest corner of Maple and Leverett Streets. The Property is zoned RMF-40, Multi-family Residential,40 units per acre,and contains the Kappa Kappa Gamma Sorority house and associated parking which are currently being renovated under LSD 12-4104. The applicant wishes to build a 6'black, `wrought iron style' security fence along the east side of the property, in part in order to control access across the private parking lot and to protect an outdoor patio area, both of which the applicant are security concerns for residents of the house. In staffs opinion,the proposed fence will not adversely impact adjoining or neighboring property owners,and will have the effect of directing pedestrian traffic from nearby parking lots to the public sidewalk rather than across private property. Request: The applicant requests that the Planning Commission grant a variance from Unified Development Code Section 166.23, Urban Residential Design Standards UDC 166.23 C 6 c, the requirement that fences in the front yard area may not be more than 42" in height. Recommendation: Staff recommends approval of ADM 13-4354,with the following conditions. Conditions of Approval: 1. The fence must be constructed in accordance with the documents and fence type submitted with this request, and may be no more than 72" in height. G:IETCIDevelopment Services Reviewll0131Development Revlewl13-4354ADM800 WMaple St(Kappa Kappa Gamma)W003-15-20131Comments and Redlines Planning Commission March 25,2013 Agenda Item 2 ADM13-4354 Kappa Page 1 of 10 PLANNING COMMISSION ACTION: Required ❑Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Date: March 25, 2013 Comments: 166.23 Urban Residential Design Standards (C) Site Development Standards. The following site development standards shall apply for all urban residential development. (6) Fencing. The following types, height, and location of fences shall be prohibited: (a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited, unless and except barbed wire fences are used for agricultural purposes. (b) Chain link. Chain link fence is prohibited if closer to the street than the front of the building. (c) Height of fences in front of buildings. Fences in the front yard area shall have a maximum height of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17. (E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements where unique circumstances exist and the effect will not adversely impact adjoining or neighboring property owners.The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (Ord.5118,3-18-08;Ord.5262,84-09) G:IETCIDevelopmenl Services Review12013IDevelopmen(Review113-4354 ADM 800 WMaple&(Kappa Kappa Gamma)IPC103-25-20131Commenls and Redlines Planning Commission March 25,2013 Agenda Item 2 ADM13-4354 Kappa Page 2 of 10 The Gamma Nu House Corporation of The Kappa Kappa Gamma Fraternity, Inc. 800 West Maple St. Fayetteville, AR 72712 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville,AR 72701 Re: Kappa Kappa Gamma House 800 West Maple St. Fayetteville,AR 72712 University of Arkansas Campus Fence Height Variance March 15, 2013 Members of the Planning Staff, We hereby request that you allow us to raise the height of the fencing along our eastern boundary (all along Leverett St.)to six feet(72")vs.the 42" as called for within the RMF-40 zoning classification. We feel this change is warranted due to our obvious concern for security. Should you have any questions or comments, please feel free to contact my office at 314-275-7000. esp ctfully Submitted asla k v Authorized Representative for the Gamma Nu House Corporation of the Kappa Kappa Gamma Fraternity, Inc. Planning Commission March 25,2013 Agenda Item 2 ADM13-4354 Kappa Page 3 of 10 s _ wl .,.�s,..W,me......-.,, �w r • bJ 1 emvr z6�F-1�90-00 fIxM I1♦JI' JL � P LL'RL.L:11�'a0 ' f / T me4 y. Htll Dy Jffff i j f • �� e! �eoi�nMWi�er�i 111;e :,I.00za-0000000s , :.� Y +a1 ��` —.,..,�.�rte. . .,, ... « .....•,....,.,e.n�._� 4 1 NtlIWrSy,w�fa � � �b m,,t �. Idl � I I ua'�°•.,.r w r in n�u:a 4 � 4� neRl ne Ic p St ,mw an i _ _. _ _..-._ .,W,Ai- fn.Yrtvn.ti•..wav 9 JIe.:. ).lt EASEMENT PLAT AND PROPERTY LINE ,. ADJUSTMENT i /-4 KAPPA KAPPA GAMMA SORORITY C1v1I Eng nearing Ina. i jjv � , 9mm�nWlb• V4v,nav CIIY . LAT: 36-04'15"N .• I �' LfA fM2 LONG: 94'10'17"W ANTTY MAP 47 O �. 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Mountain St. THE CITY 01 FAYL i"iEVILLE. ARKANSAS Fayetteville.AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: March 18, 2013 PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION RD.BUFFINGTON S/D, 176): Submitted by JORGENSEN AND ASSOCIATES for property located SOUTH OF GULLEY ROAD AND EAST OF NORTH OAKLAND-ZION ROAD. The property is in the PLANNING AREA and contains approximately 26.51 acres. The request is for a residential subdivision with 43 single family units and a community septic system. Planner: Andrew Garner Findings: Background.- The property contains approximately 26.51 acres located South and east of the intersection of Oakland Zion Road and Gulley Road/Joyce Boulevard. Oakland Zion Road is a Principal Arterial and Gulley Road is a Collector on the Master Street Plan. The southern portion of the site contains an unnamed creek and riparian corridor. This creek is not an official floodplain or floodway but appears to be a creek that typically carries water year round. The surrounding zoning and land uses are depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction from Site Land Use Zoning North, South, East, and West Rural residential Unincorporated Washington County Residential 1 unit per acre City of Fayetteville Development Regulations: The property is outside, but within, one mile of the City of Fayetteville, within the Fayetteville Planning Area. In accordance with Section 166.05(A)(1) of the Fayetteville Unified Development Code, this subdivision is therefore subject to all on and off-site improvements and subdivision regulations for development within the city limits, with the exception of tree preservation and park land dedication requirements, which are not required. This includes requirements for block length and street connectivity. Washington County. The property is in unincorporated Washington County and is zoned Agricultural/Single-family residential one dwelling unit per acre. The developer received a conditional use permit on December 7, 2012 from Washington County to develop the Buffington (3:IETCIDevelopment Services Revie4020130evelopmeni Revieu,113-4312 Buffnglom Subdivision)103 Planning Comnnssion103-25-20131Conrments and Redlines113-4312 PLNC PC Comments.doc Planning Commission March 25,2013 Agenda Item 3 PPL13-4312 Buffington Page 1 of 28 Subdivision for lots less than one acre in a configuration generally as proposed. The conditions of approval associated with the conditional use permit are attached. Proposal: The applicant proposes a preliminary plat with 43 residential lots and a community septic system. Block Length: The City's development code has a maximum block length of 800 feet for Local Streets (see UDC Section 166.08(E)). The applicant is requesting a variance to exceed of the maximum block length for Street 2 with a proposed length of 833 feet. Staff recommends in favor of this variance finding that the proposed internal street system provides an alternative street connection to this same parcel with a street stub-out of Street#1, and also given that the extent of the variance is minimal at approximately 33 feet. Street Connectivity: The city has a strong policy for connectivity in street design and street connections between neighborhoods to provide many choices of routes to destinations. The intent is that there should be opportunities for continuous movement within neighborhoods and that the street system should be as direct as possible to prevent circuitous travel and unnecessary congestion on thoroughfares. This development provides connection to Oakland Zion Road to the west and Gulley Road to the north. This development also provides a street stub-out in the southwest corner of the site to an undeveloped approximately 20-acre parcel. Staff recommends a street stub-out to the undeveloped 4.5-acre parcel adjacent to the northeast. This parcel and the next adjacent 7.4-acre parcel to the east are currently owned by the applicant and contain a 6,277 square foot residence constructed in 1982. There is an existing stock pond on a large portion of this parcel that could feasibly be filled and the property subdivided in a similar density as that proposed in this preliminary plat. A lack of street connection would require all traffic on this parcel to utilize Gulley Road, a Collector street, as the sole means of access. fAT THE MARCH 11 2013 PLANNING COMMISSION MEETING THE PLANNING COMMISSION MADE A MOTION AND DETERMINED AGAINST THIS CONNECTION TO THE NORTHEAST.1 Staff is recommending a partial assessment for a future street connection to the south. Connection over the creek will provide an important street connection between key arterial and collector roadways in this area of the County, eventually resulting in connectivity between neighborhoods, avoiding circuitous and time-consuming vehicular trips, increasing public safety, emergency response times and convenience. Tuh,APPLICANT DOES NOT WISH TO CONSTRUCT THE ST1UiG7'STUB-OUT TO THE SOUTH OR PAY AN AS:SES'SUENT FOR THE CONNECTION. FIUWEPER 1F RIF PL;INNING C.'OHNUSSION CL100.SE.S TO REQUIRE THE CONNECTION THE APPLICANT HAS PRESENTED A DIAGRAM AND COS 7'BREAKDOWN BETWEEN FIVE OFF-STE PROPERTIES MAT fYOULD RESULT IN THE Bw.'h7NG7'ON SUBDIVISION PAYING 30% (S]8,216.00) OF THE COST SEE ATTACHED). Street improvements: Staff recommends the following street improvements: • Oakland Zion Road shall be improved along the project's street frontage and all the way north to the intersection with Gulley Road on both sides of the road for a total 28 feet street width, and the 5' sidewalk at the back of right-of-way. • Gulley Road shall be improved along the project's 'street frontage and along the out-lot not a part of this subdivision (APN 001-15535-003, 4207 E. gulley Rd.) with 14 feet from G:IETCINevelopnient Services RevieW20130evelopment Revieu,113-4312 Brjfingtom subdivision)W3 Planning Conmiission103-25-20131Commenls and Redlines113-4312 PLNG PC Comments.doe Planning Commission March 25,2013 Agenda Item 3 PPL13-4312 Buffington Page 2 of 28 centerline, curb, gutter, storm drainage and 5-foot sidewalk within and at the back of right-of- way. • The intersection of Oakland Zion Road and Gulley Road shall be realigned to improve traffic safety, as indicated on the plat. • Internal streets to be constructed in accordance with all Master Street Plan and City standards including pavement, curb, gutter, storm drainage, sidewalks on both sides, and streetlights in accord with code. Future street extension signs installed at all street stub-out location to indicate future through streets. • Street lights are required at all street intersections and spaced every 300 including the off-site street areas and the intersection of Oakland-Zion Road and Gulley Road. Water and Sewer System: Water lines shall be extended through the development as required by the City Engineering Division. The community septic system is required to be approved by the State Health Department and appropriate signatures applied to the final plat indicating approval of the septic system. Right-of-way to be dedicated: Oakland Zion Road is a Principal Arterial and requires a minimum of 43.5 feet right-of-way dedication from centerline along the project frontage. Gulley Road is a Collector Road and requires a minimum of 29.5 feet right-of-way dedication from centerline along the project frontage. Right-of-way dedication for all internal streets is required in accordance with the Master Street Plan for local streets with a total of 50-foot right-of-way, as indicated on the plat. Public Comment: Staff has not received any public comment. Recommendation: Staff recommends approval of PPL 13-4312 with the following conditions: Conditions of Anoroval: 1. Planning Commission determination of a variance of Fayetteville Unified Development Code Section 166.08(e)to allow a block length of 833 feet for Street 42 when the maximum is 800 feet. Staff recommends in favor of this variance finding that the proposed internal street system provides an alternative street connection to this some parcel with a street stub-out of Street#1, and also given that the extent of the variance is minimal at approximately 33 feet. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS VARIANCE(02/28/2013). 2. Planning Commission determination of appropriate street connectivity. This development provides connection to Oakland Zion Road to the west, Gulley Road to the north, and a street stub-out in the southwest corner of the site to an undeveloped approximately 20-acre parcel. a. Staff recommends payment of an assessment for the cost of the street connection across the creek, to be paid prior to final plat. When the property to the south is developed, this work would be accomplished at that time. A cost estimate for the assessment is attached to this report estimating$60,720.00 for the total construction of the creek crossing and stub-out. Due to the high cost of the improvements (which includes several box culverts) and direct positive benefits of this connection to the adjacent property to the south, staff does not recommend a full assessment for the improvements. Staff recommends that the total assessment for the creek crossing G:IETODevelopmeni Services Revie,020131Development Revieivll34312 Biff,'nglom Subdivision)103 Planning Camnission103-25-20131Conmienis and Redhnesll3-4312 PLNG PC Comments.doc Planning Commission March 25,2013 Agenda Item 3 PPL13-4312 Buffington Page 3 of 28 connection be equally divided between the subject property and the adjacent property to the south,for a total payment of$30,360.00 (50% of the total cost)prior to final plat. At such time as the property to the south develops, the developer of the property to the south would be required to construct the entire connection and this assessment would be provided to them by the City to contribute to their construction cost. Right- of-way shall be dedicated to the south property line on the final plat. Staff evaluated the possibility of dividing this assessment further between other off- site surrounding properties, however, because this is an entirely onsite improvement, is not a costly bridge that would merit an off-site bridge assessment district, and would not get constructed unless the property to the south were developed, staff feels this assessment meets both the rational nexus and rough proportionality test required for the City to require public improvements. As shown on the attached regional aerial photo exhibits, connection over the creek will provide an important street connection between key arterial and collector roadways in this area of the County, eventually resulting in connectivity between neighborhoods, avoiding circuitous and time-consuming vehicular trips, increasing public safety, emergency response times and convenience. SUBDIVISION COMMITTEE RECOMMENDED A CONNECTION TO THE SOUTH WITH THE APPLICANT PAYING AN ASSESSMENT FOR THE CONNECTION(02/28/2013). PLANNING COMMISSION MADE NO FINAL RECOMMENDATION 03/11/2013). b. rr 1 d., 7, /_ n6iieveloped 4.5acre _ned / d [.. a1,. ,.A,.,nt and enAa;.,. a 6,277 square foot ..idenee eensti-ueted in 1982. There is an existing steek pend on a hqpge peotien ef this 19ai-ee that eeWiii�asib4, be fi4e,4 and the 19?-eperty subdivided in a similar density a:9 that en this pareel te utilize Gulley,Road a Calleeterstreet, as the sek nieaom efiaeeez". PLANNING COMMISSION REMOVED THIS CONDITION(03/11/2013). 3. Planning Commission determination of street improvements. Staff recommends the following: o Oakland Zion Road shall be improved along the project's street frontage and all the way north to the intersection with Gulley Road on both sides of the road for a total 28 feet street width, and the 5' sidewalk at the back of right-of-way. o Gulley Road shall be improved along the project's street frontage and along the out- lot not a part of this subdivision (APN 001-15535-003, 4207 E. gulley Rd.) with 14 feet from centerline, curb, gutter, storm drainage and 5-foot sidewalk within and at the back of right-of-way. o The intersection of Oakland Zion Road and Gulley Road shall be realigned to improve traffic safety, as indicated on the plat. o Internal streets to be constructed in accordance with all Master Street Plan and City standards including pavement, curb, gutter, storm drainage, sidewalks on both sides, and streetlights in accord with code. Future street extension signs installed at all street G:IETODevelopiaeat Services Review12013IDevelopnient Revie,vV3-4311 Bt fngtom Si bdivish n)103 Planning Commission103-25-20131Commenis and Redlinesll3-4312 PLNG PC Comments.doc Planning Commission March 25,2013 Agenda Item 3 PPL13-4312 Buffington Page 4 of 28 stub-out location to indicate future through streets. Staff recommends that all sidewalks be constructed, not guaranteed prior to final plat. This is because the subdivision is located outside of the City and there is not an enforcement mechanism for sidewalk installation after final plat, and there have been several subdivisions in the Planning Area where sidewalks have been required but not constructed. o Street lights are required at all street intersections and spaced every 300 including the off-site street areas and the intersection of Oakland-Zion Road and Gulley Road. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION(02/28/2013). 4. Direct driveway access to Oakland Zion Road and Gulley Road shall not be permitted, except for Lot#6. Add a note to the plat indicating as such. 5. Prior to final plat approval signs shall be posted at all street stub-outs indicating future extension of the street. 6. Conditions of approval from Engineering are included in the official conditions of approval. 7. Prior to final plat the property line adjustment/lot split to create the legal lot for this subdivision shall be filed of record, or the remaining undeveloped portion shall be included in this subdivision and assign a lot number(s). Standard Conditions of Approval: 8. All street names and addresses shall be approved by the 911 coordinator. 9. 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). 10. Preliminary plat approval is valid for one year. All permits to complete construction of this preliminary plat are required to be obtained within one year, subject to extensions in accordance with the Unified Development Code. 11. 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. 12. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 13. Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of no greater than 300 feet. Street lights shall be installed or proof of payment for installation to the power company provided prior to final plat. 14. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. G:ETCO,ivelopmeni Services Review120130evelopmeni Review)13-4312 Bnffingiom Subdivision)103 Planning Conlmissionl03-25-20131Connnents and Redlines113-4312 PLNG PC Connnenis.doc Planning Commission March 25,2013 Agenda Item 3 PPL13-4312 Buffington Page 5 of 28 Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second- Vote Meeting Date: March 25. 2013 flT 4v¢lopureur Servicer Reviem120 f3lOeeeloTraenr Rerie++113-aJ12!A>�rrgrom SuGJivimanJl03 Ptrnu+urg Cm+rnrrss+on103.25.2013tGnunrerux nrxi IM1vlHnesll.i-4312!'LNC,PC Canvrerrn.rinr Planning Commission March 25,2013 Agenda Item 3 PPL13-4312 Buffington Page 6 of 28