HomeMy WebLinkAbout2008-05-27 - Agendas - FinalTayelteyi;le
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Tuesday, May 27, 2008, 5:30 p.m.
Room 219, City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chair
B. Presentation of Staff Report
C. Presentation of request — Applicant
D. Public Comment
E. Questions & Answer with Commission
F. Action of Planning Commission (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
It' you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. 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.
2008 Planning Commissioners
Sean Trumbo
Lois Bryant Matthew Cabe
James Graves Porter Winston
Audy Lack Christine Myres
Jeremy Kennedy Jill Anthes
•
aye...evi e
ARKANSAS
The City of Fayetteville, Arkansas
TENTATIVE AGENDA
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
TUESDAY, MAY 27 2008, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Consent ARenda:
1. Approval of the minutes from the May 12, 2008 meeting.
2. ADM 08-3003: (C -QUAD, 642): Submitted by Bret Park for property on City Lake Road, the request
is to extend the approval of the Large Scale Development, LSD 07-2550 (C -Quad).
Planner: Andrew Garner
3. ADM 08-3004: (RUSTIC MEADOWS, 479): Submitted by CHARLIE SLOAN for property located
SOUTH OF PERSIMMON, BETWEEN BROYLES AND 54TH. The property is zoned RSF-8,
RESIDENTIAL SINFLE FAMILY — 8 UNITS/ACRE and contains approximately 36.62 acres. The request
is for a one year extension for the approval of the Preliminary Plat, PPL 07-2455.
Planner: Jesse Fulcher
4. LSP 08-2981: (MIKE MCDONALD, 241): Submitted by MIKE MCDONALD & ROBERT
SCHMITT/ WINCHESTER LOTTO, LLC for property located at 6057 W. WHEELER ROAD. The
property is in the PLANNING AREA and contains approximately 10.03 acres. The request is to divide the
subject property into 4 tracts of 7.03 acres and three 1 -acre tracts. Planner: Dara Sanders
Unfinished Business:
None
New Business:
5. CUP 08-2983: (KELLY - SOUTH STREET, 523): Submitted by RYAN KELLY for property located
at 39 E. SOUTH STREET. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and
contains approximately 0.10 acres. The request is for office use. Planner: Andrew Garner
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 (575-8267), 125 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 hearings; 72 hour notice is required. For further information or to request an
interpreter, please call 575-8330.
a�)Y/T ncyri tle
/
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 20, 2008
PC Meeting of May 27, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 08-3003: Administrative Item (C -QUAD, 642): Submitted by Bret Park for property on City
Lake Road, the request is to extend the approval of the Large Scale Development, LSD 07-2550 (C -
Quad). Planner: Andrew Gamer
BACKGROUND
Property Description and History: On May 14, 2007, the Planning Commission approved LSD 07-
2550 (C -Quad) on property located on City Lake Road, Lot 11 in the Fayetteville Industrial Park.
The development approval was for one office/warehouse building, two small office buildings, and a
self -storage facility with office/living quarters. The property is zoned I-1, Heavy Commercial/Light
Industrial and I-2, General Industrial and contains 6.57 acres.
Proposal: The applicant requests to extend the approval of the Large Scale Development for one
year, to expire on May 14, 2009. Thirteen of the fifteen buildings are currently under construction,
according to the applicant's letter. The Planning Department received the applicant's extension
request on May 13, 2008, within the required one year time limit. Should this extension be granted,
all permits and approvals required by City, State, and Federal regulations to start construction of the
development are required to be issued before the one-year extended deadline. If the permits are not
issued prior to May 14, 2009, all of the approved plans for the project shall be rendered null and
void.
RECOMMENDATION
Planning Staff recommends approval of ADM 08-3003, the requested extension to LSD 07-2550,
with the following conditions:
1. The applicant shall be allowed until May 14, 2009 to receive all required building permits. If
all permits have not been received by this time, the large scale development approval shall be
revoked.
2. All other conditions of approval for the project shall remain applicable.
K:IReports120081PC Reports170-May 271ADM08-3003 (C-Quad).doc
May 27, 2008
Planning Commission
ADM 08-3003 C -Quad
Agenda Item 2
Page 1 of 6
Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Meeting Date: May 27, 2008
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning
Commission authority to extend approval of a large scale development one additional year from the
original approval. In order to extend this approval, the applicant must: (1) request the extension
prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be
completed within the normal one year. If the one year extension is granted, it is within this time that
the applicant shall receive all permits and approvals as required by City, State, and Federal
regulations to start construction of the development or project.
(1) The applicant has submitted the extension request to the Planning Division on May 13, 2008,
prior to the one year time limit ending on May 14, 2008.
(2) The applicant's request for the extension discussed that thirteen of fifteen planned buildings
have begun construction. The applicant is observing the market conditions to determine if
the remainin two buildings are economically feasible. Additional time is needed to determine
whether the remaining two buildings will be constructed.
K:IReports120081PC ReportsUID-May 271ADM 08-3003 (C-Quad).doc
May 27, 2008
Planning Commission
ADM 08-3003 C -Quad
Agenda Item 2
Page 2 of 6
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this
section apply to all of the following plans
and permits:
(1) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(5)
(6)
(7)
Lot splits;
Physical alteration of land permits;
Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10) Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above -
enumerated plans and permits are
conditioned upon the applicant
accomplishing the following tasks within
one (1) year from the date of approval:
(a) For any renovation or new
construction, receive a building
permit; and/or,
(b) For a lot split, record a deed or
survey at the Washington County
Circuit Clerk's Office,
stamped for recordation by the City
Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and approvals
required by City, State, and Federal
regulations to start construction of
the development or project.
(2) Extensions. Prior to the expiration of the
one (1) year time limit, an applicant may
request the Planning Commission to
extend the period to accomplish the tasks
by up to one (1) additional year. The
applicant has the burden to show good
cause why the tasks could not reasonably
K tReportst20081PC ReportsU0-May 27IADM08-3003 (C-Quad).doc
be completed within the normal one (1)
year limit.
Expiration. If the required task(s) are not
completed within one (1) year from the
date of approval or during an allowed
extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant completing
the project and receiving final inspection
approval and/or a final Certificate of
Occupancy permit within three (3) years
from the date of issuance of a Building
Permit.
(2) Extensions. Prior to the expiration of the
three (3) year time limit, an applicant may
request the Planning . Commission to
extend the three (3) year period to
complete the project by up to two (2)
additional years. The applicant has the
burden to show good cause. why the
project could not reasonably be completed
within the three (3) year time limit.
(3) Expiration. If the applicant fails to meet
the requirements of subsection (C)(1)
within three (3) years from the date of
issuance of a Building Permit or during an
allowed extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
May 27, 2008
Planning Commission
ADM 08-3003 C -Quad
Agenda Item 2
Page 3 of 6
13 May 2008
Attn: Jeremy Pate
City of Fayetteville Planning Department
113 West Mountain Street
Fayetteville, AR 72701
Dear Mr. Pate,
I am writing to formally request that the terms of the Large Scale Development Approval
for C -Quad Development's property on City Lake Road be extended for an additional
year. Specifically, this pertains to the 0.96 -acre portion of land on the Southwest corner
of the property.
Thirteen of fifteen planned buildings have begun construction. We are observing market
conditions to determine if the remaining two buildings are economically feasible, and we
would appreciate additional time.
If you need any further clarification, please let me know. I'II be happy to provide further
information.
Thank you,
ret P ,
Park Company Architects, Inc.
PARK COMPANY ARCHITECTS
RECEIVED
MAY 13 2008
CITY OF FAYETTEVILLE
PLANNING DIVISION
PO SOX 733 FAYETTEVILLE. AR
479 527-6465
May 27, 2008
Planning Commission
ADM 08-3003 C -Quad
Agenda Item 2
Page 4 of 6
ADM08-3003
Close Up View
C -QUAD MINI -STORAGE
Overview
IffEEE=S _. N_
EE
May 27, 2008
Planning Commission
ADM 08-3003 C -Quad
Agenda Item 2
Overview
Legend
Subject Property
® ADM08-2983
Boundary
Planning Area
LPCC 0c5
o.00 n Overlay District
Outside City
0 0.25 0.5
Legend
NM Hillside -Hilltop Overlay District
1
M
iles
May 27, 20 8
Planning Commissi n
ADM 08-3003 C -Quad
Agenda Iterr'2
Page 6 of 6
Tare ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of May 27, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: May 16, 2008
ADM 08-3004: Administrative Item (RUSTIC MEADOWS, 479): Submitted by CHARLIE
SLOAN for property located SOUTH OF PERSIMMON, BETWEEN BROYLES AND 54TH. The
property is zoned RSF-8, RESIDENTIAL SINFLE FAMILY — 8 UNITS/ACRE and contains
approximately 36.62 acres. The request is for a one year extension for the approval of the
Preliminary Plat, PPL 07-2455.
Planner: Jesse Fulcher
BACKGROUND
Property Description and History: On May 14, 2007, the Planning Commission approved PPL 07-
2455 (Rustic Meadows) on property located on the south side of Persimmon Street, between Broyles
Avenue and 54th Avenue. The property is zoned RSF-8 (subject to a Bill of Assurance limiting
development to 143 lots) and contains 36.62 acres.
Proposal.: The applicant requests to extend the approval of the Preliminary Plat for one year, to
expire on May 14, 2009. The Planning Department received the applicant's extension request on
May 14, 2008, within the required one year time limit. Should this extension be granted, all permits
and approvals required by City, State, and Federal regulations to start construction of the
development are required to be issued before the one-year extended deadline. If the permits are not
issued prior to May 14, 2009, all of the approved plans for the project shall be rendered null and
void.
RECOMMENDATION
Planning Staff recommends approval of ADM 08-3004, the requested extension to PPL 07-2455,
with the following conditions:
1. The applicant shall be allowed until May 14, 2009 to receive all construction permits to
complete construction of the project. If all permits have not been received by this time, the
Preliminary Plat approval shall be evoked.
2. All other conditions of approval for the project shall remain applicable.
K: IReports12008IPC Reports110-May 27WDM08-3004 (Rustic Meadows PPL Extension).doc
May 27, 2008
Planning Commission
ADM 08-3004 Rustic Meadows
Agenda Item 3
Page 1 of 6
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning
Commission authority to extend approval of a preliminary plat one additional year from the original
approval. In order to extend this approval, the applicant must: (1) request the extension prior to the
one year time limit, and (2) show good cause why the tasks could not reasonably be completed
within the normal one year. If the one year extension is granted, it is within this time that the
applicant shall receive all permits and approvals as required by City, State, and Federal regulations to
start construction of the development or project.
(1) The applicant has submitted the extension request to the Planning Division on May 14, 2008,
prior to the one year time limit ending on May 14, 2008.
(2) The applicant has stated that the current instability of the real estate market has delayed this
project, and additional time is needed before the project can be started.
K: IReports120081PC Reports170-May 271ADM 08-3004 (Rustic Meadows PPL Extension).doc
May 27, 2008
Planning Commission
ADM 08-3004 Rustic Meadows
Agenda Item 3
Page 2 of 6
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this
section apply to all of the following plans
and permits:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Preliminary plats;
Planned zoning district developments;
Conditional uses;
Large-scale developments;
Lot splits;
Physical alteration of land permits;
Storm water, drainage, and erosion control
permits;
Tree preservation plans;
Sign pemfits; and,
(10) Floodplain development permits.
(B) One-year time limit.
(1) Tasks to be completed. All of the above -
enumerated plans and permits are
conditioned upon the applicant
accomplishing the following tasks within
one (1) year from the date of approval:
(a) For any renovation or new
construction, receive a building
permit and/or,
(b) For a lot split, record a deed or
survey at the Washington County
Circuit Clerk's Office,
stamped for recordation by the City
Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and approvals
required by City, State, and Federal
regulations to start construction of
the development or project.
be completed within the normal one (1)
year limit.
Expiration. If the required task(s) are not
completed within one (1) year from the
date of approval or during an allowed
extension period, all of the above -
enumerated plans and permits shall be
rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans- and permits are also
conditioned upon the applicant completing
the project and receiving final inspection
approval and/or a final Certificate of
Occupancy permit within three (3) years
from the date of issuance of a Building
Permit.
(2) Extensions. Prior to the expiration of the
three (3) year time limit, an applicant may
request the Planning .Commission to
extend the three (3) year, period to
complete the project by up; to two (2)
additional years. The applicant has the
burden to show good cause why the
project could not reasonably be completed
within the three (3) year time limit.
(3)
Expiration. If the applicant fails to meet
the requirements of subsection (C)(1)
within three (3) years from the date of
issuance of a Building Permit or during an
allowed extension period, all of the above
enumerated plans and permits shall be
rendered null and void.
(2) Extensions. Prior to the expiration of the
one (1) year time limit, an applicant may
request the Planning Commission to
extend the period to accomplish the tasks
by up to one (1) additional year. The
applicant has the burden to show good
cause why the tasks could not reasonably
K IReporu120081PC ReportsU0-May 271ADM 08-3004 (Rustic Meadows PPL Extension).doc
May 27, 2008
Planning Commission
ADM 08-3004 Rustic Meadows
Agenda Item 3
Page 3 of 6
Jesse Fulcher - Re: Fwd: Rustic Meadows
From: Charles W Sloan Dba Sloan <sloanconst@sbcglobal.net>
To: <jfulcher@ci.fayetteville.ar.us>
Date: 5/14/08 4:19PM
Subject: Re: Fwd: Rustic Meadows
Jesse,
We are requesting a one year extention for Rustic Meadows. With todays market conditions, we will
need additional time before we can start the project.
Thanks,
Charlie
Tim Conklin <tconklin@ci.fayetteville.ar.us> wrote:
FYI -- ALL - Sale of Westside Treatment Plant Property - Charles Sloan.
Please advise the City today if an extension is requested for this project. Thanks.
Tim,
The preliminary plat approval for PPL 07-2455 Rustic Meadows will expire today if an extension is not
requested by 5:00 p.m. Please direct us to either begin processing an extension for review by the Planning
Commission, or to consider the project withdrawn.
Thanks, Jesse
Tim Conklin, AICP
Director of Planning and Development Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Phone: 479-575-8267
Fax: 479-575-8202
planning@ci.fayetteville. ar. us
Date: Wed, 14 May 2008 13:42:32 -0500
From: "Jesse Futcher" <jfulcher@ci.fayetteville.ar.us>
To: "Tim Conklin" <tconklin@ci.fayetteville.ar.us>
CC: "Jeremy Pate" <jpate@ci.fayetteville.ar.us>
Subject: Rustic Meadows
Tim,
The preliminary plat approval for PPL 07-2455 Rustic Meadows will expire today if an extension is not
requested by 5:00 p.m. Please direct us to either begin processing an extension for review by the Planning
Commission, or to consider the project withdrawn.
Thanks, Jesse
May 27, 2008
Planning Commission
ADM 08-3004 Rustic Meadows
Agenda Item 3
Page 4 of 6
ADM08-3004
Close Up View
RUSTIC MEADOWS
May 27, 2008
Planning Commission
ADM 08-3004 Rustic Meadows
Agenda Item 3
Overview
Legend
Subject Property
ADM08-3004
Boundary
1r%4. Planning Area
c °° C)%
04UU o 0 Overlay District
0Outside City
0 0.25 0.5
Legend
I• Hillside -Hilltop Overlay District
1
M
May 27, 2008
Planning Commissi n
IIeSADM 08-3004 Rustic Meadows
Agenda Iterri3
Page 6 of 6
aeevile
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Subdivision Committee
FROM: Dara Sanders, Current Planner
Glenn Newman, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: May 16, 2008
PC Meeting of May 27, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
LSP 08-2981: Lot Split (MIKE MCDONALD, 241): Submitted by MIKE MCDONALD & ROBERT
SCHMITT WINCHESTER LOTTO, LLC for property located at 6057 W. WHEELER ROAD. The
property is in the Planning Area and contains approximately 10.03 acres. The request is to divide the
subject property into 4 tracts of 7.03, 1.00, 1.00, and 1.00 acres.
Planner: Dara Sanders
Findings:
Property & Proposal: The subject property contains 10.03 acres and is located in the planning area, west
of Deane Solomon Road. The surrounding land use consists of low density residential. An 80 -foot gas
easement crosses the property at the southwest corner, and a 30 -foot electric easement crosses the
property from the northeast to the southwest, significantly limiting development options, as no permanent
structure is permitted within utility easements.
Table 1: Surrounding Land Use and Zoning
Direction from
Site
Land Use
Zoning
North
Residential
Planning Area
South
Residential
Planning Area
East
Residential
Planning Area
West
Residential
Planning Area
Request: The applicant requests to divide the 10.03 acre -tract into Tracts 1, 2, 3, and 4 of 7.03, 1.00, 1.00,
and 1.00 acres, respectively, leaving Tract 1 with an adequate area for future residential development.
A variance for lot width requirements has been submitted for Tract 3, a flag lot with 75 feet of frontage
onto Wheeler Road, a minimum lot width of 35 feet and a maximum lot width of 130 feet. Lots within the
Planning Area require a minimum of 75 feet of street frontage and lot width unless a variance is granted
by the Planning Commission.
Adjacent Master Street Plan Streets: Wheeler Road (Minor Arterial)
Right-of-way dedication: The applicant shall dedicate right-of-way in the amount of 42.5 feet from
centerline for Wheeler Road to meet the minimum requirements of the Master Street Plan.
Water/Sewer: Public water is available to the site.
K:IReports120081PC Reports110-May 271LSP 08-2981 (McDonald).doc
May 27, 2008
Planning Commission
LSP 08-2981 Mike McDonald
Agenda Item 4
Page 1 of 6
Access: The subject properties have access onto Wheeler Road.
Recommendation: Staff recommends forwarding LSP 08-2981 with a recommendation of approval
with the following conditions:
Conditions of Approval:
1. Planning Commission determination of the associated variance request from Chapter 166.08
(F)(1) Bulk and Area Regulations, to vary the frontage requirements within the Planning Area
from 75 feet to allow for a flag lot configuration with a minimum lot width of 35 feet. Staff
recommends approval of the requested variance, finding that the lot configuration is not
incompatible with surrounding properties, will provide an adequate means of access to Tract 3,
and will leave Tract 1 with an adequate area for a future residential development and extension
of streets.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE REQUEST
2. Future division of the subject properties shall require Concurrent Plat or Preliminary and Final
Plat approval from the Planning Commission. No additional lot splits are permitted.
3. All lots shall be subject to Washington County Zoning criteria; the requested lot splits shall be
approved by Washington County Planning prior to recordation.
4. The applicant shall dedicate right-of-way in the amount of 42.5 feet from centerline for Wheeler
Road to meet the minimum requirements of the Master Street Plan.
5. All septic system permits for lots less than 1.5 acres in size, as required by City Ordinance, shall
be submitted and approved prior to recordation of the lot split.
6. Revise the plat to include an ownership/dedication block.
7. Lots 3 and 4 arc cncouragcd to utilize a shared driveway.
THE SUBDIVISION COMMITTEE ADDED THIS CONDITION
Standard Conditions of Approval:
8. 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).
9. This lot split must be filed of record within one year from the date of approval or the approval is
rendered null and void.
Subdivision Committee Action: 0 Approved 0 Denied 0 Tabled
Motion:
Second:
Vote:
Meeting Date: Mav 27 2008
K:IReparts120081PC Reports110-May 27ILSP 08-2981 (McDonald).doc
May 27, 2008
Planning Commission
LSP 08-2981 Mike McDonald
Agenda Item 4
Page 2 of 6
Winchester Lotto LLC
1747 N. College Avenue
Fayetteville, AR 72703
May 06, 2008
City of Fayetteville
Planning Department
2615 Brink Drive
Fayetteville, AR 72701
Attn: Staff
RE: Wheeler Road Lot Split
I am writing with regard to our Lot Split request for the Wheeler Road property.
We hereby request a variance from lot width for Lot 3 to allow for 35' instead of the
required 75'. We have 75' of frontage and 130' at the main body of the lot but our access
way is limited to 35' because of the location of the existing house.
The lot split has been laid out to achieve the following: 1) separate the existing house
with 1 acre, 2) obtain lot splits BETWEEN the existing house and our other adjacent
property, and 3) leave the maximum possible Wheeler Road frontage for the remaining 7
acre tract.
Approval of this request will allow us to sell the existing homes and two one acre single
family home lots while we evaluate the current real estate market and feasibility of the
remaining parcel.
Should you have questions, you may contact me at (479) 422-1857.
Mike McDonald P.E.
Winchester Lotto
cc: File
May 27, 2008
Planning Commission
LSP 08-2981 Mike McDonald
Agenda Item 4
Page 3 of 6
LSP 08-2981 McDonald
y 27, 2008
ommission
McDonald
Agenda Item 4
Page 4 of 6
May 27, 208
Planning Commissi n
LSP 08-2981 Mike McDonald
Agenda Item 4
Page 5 of 6
MIKE MCDONALD
Overview
Legend
Subject Property
LSP08-2981
Boundary
"'\„.. Planning Area
°00002 Overlay District
Outside City
0 0.25 0.5
Legend
® Hillside -Hilltop Overlay District
1
M
May 27, 20( 8
'es LSP 08-2981 Mike McDona d
Planning Commission
Agenda Iterrt4
Page 6 of 6
.evade
Aft KANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of May 27, 2008
PLANNING DIVISION CORRESPONDENCE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: April 30, 2008
CUP 08-2983: (KELLY - SOUTH STREET, 523): Submitted by RYAN KELLY for
property located at 39 E. SOUTH STREET. The property is zoned RMF -24, MULTI
FAMILY - 24 UNITS/ACRE and contains approximately 0.10 acres. The request is for
office use. Planner: Andrew Garner
BACKGROUND:
Property Setting: The subject property is located at 39 East South Street and is zoned
RMF -24. There is an existing stucco and stone building located on the property that was
constructed in 1930 according to Washington County parcel records. The building has
been historically used for office and other nonresidential use, though not for some time.
This property has been vacant for a long period of time and has been cited for code
compliance violations by the City for being an unsafe structure. The violation process
has been halted at this time due to the pending applications on the property. A survey of
the property attached to this report indicates that the structure is located within the north,
south, and west building setbacks, and is approximately one-half foot into the South
Street right-of-way.
Fayetteville Board of Adjustment: On May 5, 2008 the Fayetteville Board of Adjustment
approved variances to bring the non -conforming setbacks, lot width, and lot area into
compliance. The issue with the building being in the right-of-way requires City Council
approval.
Walker Park Master Plan: This property is located within the Walker Park
Neighborhood. The Walker Park Master Plan was adopted by the City Council on
February 5, 2008. As a result of the master plan adoption, the entire neighborhood is
proposed to be rezoned. The rezoning was tabled at the Fayetteville Planning
Commission on May 12, 2008 to allow additional time for property owners to comment.
The subject property is proposed to be rezoned to Neighborhood Conservation which
permits single-family and two-family residences, but also low intensity non-residential
uses by conditional use permit. The pending Walker Park Master Plan rezoning should
not affect the applicant's request for a conditional use permit for office use as office use
is also allowed under the Neighborhood Conservation designation by conditional use
permit.
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 1 of 14
Surrounding Land Use and Zoning:
Direction
Land Use
Zoning
North
Single-family Residential
DG (Downtown General)
East, West, and South
Single-family Residential
RMF -24
Proposal: The applicant proposes for 500 square feet of the existing building to be used
as an office. The north half of the upstairs of the existing building at street level to be
used as 500 square feet of office/professional space, while the back half and downstairs
would be residential. Office hours would be 9 AM — 4 PM, and no more than two
employees would work in the office at a time. A survey of the property and written
description of the request has been provided by the applicant.
Request: The applicant requests approval of a conditional use permit for office use in the
RMF -24 zoning district per UDC Section 161.14.
Public Comment: Staff has received one written letter in favor of the request.
RECOMMENDED MOTION:
Staff recommends approval of CUP. 08-2983 with the following conditions:
1. Planning Commission determination to allow on -street parking for the office use.
City ordinance requires two off-street parking spaces for the residential use and
two off-street parking spaces for the proposed 500 square feet of office use. Two
parking spaces for the residence are provided in the existing concrete drive on the
property. The applicant proposes the two office parking spaces be on South Street
in front of the building. South Street is an improved street and is approximately
29 feet wide (from face of curb). The typical width of a Local Street with on -
street parking is 27 feet (from face of curb) Staff finds that there is adequate
space on South Street to accommodate the two parking spaces for the office use
and that it is appropriate to allow for two of the required parking spaces to be on -
street.
2. In order to resolve the existing code compliance violation on the property, should
this conditional use permit be approved, building permits to renovate and repair
the structure in accordance with requirements of the Code Compliance Division
shall be obtained within 30 days of approval. If the appropriate building permits
have not been obtained, violation/prosecution proceedings shall re -commence.
3. This conditional use permit grants approval to operate 500 square feet of office
space on the subject property out of the existing building, no more than two
employees at one time, and hours of operation are limited to 9 AM — 4 PM
Monday -Friday.
4. All exterior lights shall comply with the City lighting ordinance. Manufacturer's
May 27, 2008
Planning Commission.
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 2 of 14
cut -sheets are required for review and approval prior to installation of any new
light fixtures.
5. Future expansion or change of the proposed use or redevelopment of the site shall
require Planning Commission approval of a separate conditional use request.
6. Prior to building permit, approval must be granted by City Council to allow the
front portion of the building to remain within the right-of-way for South Street.
7. Development shall comply with all development regulations of the underlying
zoning district on the property.
8. Signage shall be permitted in accordance with the regulations of the zoning
district in place at the time of the submittal of the sign permit.
PLANNING COMMISSION ACTION: Required YES
Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Meeting Date: May 27, 2008
City Plan 2025 designation: City Neighborhood Area
City Neighborhood Areas are a denser and primarily residential urban fabric. Mixed and
low -intensity nonresidential uses are usually confined to corner locations. These areas
have a wide range of residential building types: single, sideyard and rowhouses. Setbacks
and landscaping are variable. Streets typically define medium sized blocks with a high
level of connectivity between neighborhoods. City Neighborhood Areas recognize
conventional strip commercial developments but encourage complete, compact and
connected neighborhoods.
Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the 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
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 3 of 14
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
conditional use for 500 square feet of office within the RMF -24 zoning
district.
2. The applicant shall pay a filing fee as required under Chapter 159
to cover the cost of expenses incurred in connection with
processing such application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written
findings before a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter
described in the application to grant the conditional use; and
Finding: The Planning Commission is empowered under §161.14 to grant the
requested conditional use permit.
(b.) That the granting of the conditional use will not adversely
affect the public interest.
Finding: The structure has been located on the property for 78 years and has
been historically used as an office, although the structure has been
abandoned and vacant for some time and has become a health and
safety hazard to the general public. Granting the conditional use
permit for the existing structure to allow for the use of the historic
structure as an office will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. Rather, the conditional
use permit combined with the previously approved variances will be
beneficial to the immediate surrounding neighborhood and the City as
a whole by allowing a historic structure to be renovated in its current
footprint. The renovation will improve the appearance and safety of
the neighborhood, and will allow the historic nonresidential use of the
structure to be retained. The office use is appropriate given the low
intensity and small scale of the uses proposed that will be compatible
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 4 of 14
with the surrounding, predominantly residential, neighborhood.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing
individual conditional uses; and
Finding: There are no 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: The property has a curb cut and driveway along the western property
line. The driveway and curb cut are not proposed to be changed and
will provide access and parking for the residential portion of the
structure. South Street is an improved Residential Street
approximately 29 feet wide (measured from face of curb). The
Residential Street cross-section in the Master Street Plan calls for 27
feet in width when on -street parking is provided on one side. There is
adequate room on South Street for several on -street parking spaces in
front of the subject property. Staff recommends that it is appropriate
in this situation to allow for on -street parking for the two required
spaces for the office use. No changes to access are proposed or needed
with this use. Staff does not find that street or sidewalk
improvements are warranted with this application as South Street
was improved in recent years by the City including sidewalk on the
north side of the street and concrete approaches on the existing drives.
(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: As described in Finding No. 2 above, the existing drive and access into
the property is not proposed to be changed and is adequate for the
proposed use. Customer parking is available in front of the building
on South Street.
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 5 of 14
Any new outdoor lighting shall meet the requirements of the Outdoor
Lighting Ordinance and cut sheets of any new light fixtures shall be
submitted to the Planning Division for review prior to installation.
The size of the office and hours of operation ensure that the use will
not adversely affect adjoining properties.
(c.)
Refuse and service areas, with particular
reference to ingress and egress, and off-
street parking and loading,
Finding: Any dumpsters shall be screened with materials compatible with, and
complementary to, the principal structure with access not visible from
the street or surrounding residential properties.
(d.)Utilities, with reference to locations,
availability, and compatibility;
Finding: All necessary utilities currently exist to serve the development per
ordinance requirements.
(e.) Screening and buffering with reference to
type, dimensions, and character;
Finding: The subject property is surrounded on all sides by residential land
uses. The office use will be confined to the front portion of the
building facing South Street and does not need additional screening or
buffering from adjacent properties. Parking for the office use will be
in front of the building on South Street.
(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: Alt signage shall be reviewed for compliance with the underlying
zoning districts, and shall be permitted by a separate sign permit
document prior to installation.
(g.) Required setbacks and other open space; and
Finding: The existing building on the property was built in 1930 and was not
subject to current zoning and setback requirements. As such, the
building does not comply with the building setbacks, lot area, or lot
width of the RMF -24 zoning district. Variances to bring the building
into compliance were obtained from the Fayetteville Board of
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 6 of 14
Adjustment on May 5, 2008. The front six inches of the building
extend into the City right-of-way for South Street. City Council
approval to recognize and allow the building to remain in the right-of-
way is required prior to issuance of building permit.
(h.)
General compatibility with adjacent
properties and other property in the district.
Finding: Due to this property being used for nonresidential business in the past
and the obvious non-residential appearance of the building, the
proposed use will not change the character of the area. The office use
is only proposed in 500 square feet of the structure and the hours of
operation are limited to 9 AM — 4 PM. This small-scale non-
residential use will be compatible with surrounding properties and
will help revitalize and provide a beneficial component to this
neighborhood.
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 7 of 14
April 24, 2008
Jan Gambill
Senior Planning Clerk
Planning Division
125 West Mountain Street
Fayetteville, Arkansas 72701
Dear Ms. Gambill,
This letter is in support of the proposed variance for 39 East South Street.
RECEIVED
MAY 0 9 2008
ENGINEERING DIV
Since becoming Washington County Archivist in 1997, I have lived on East South Street. Back then it
was not such a desirable street. Since then, I have restored the houses at both 7 and 11 East South
Street. Several other property owners in the neighborhood have followed suite and have either cleaned
up or completely restored their properties.
South Street is such a historic street, all buildings having been constructed between the early 1900s and
1930s. The structure at 39 East South is no exception. It was constructed around 1914 as the Crow
Grocery and shortly thereafter became the Campbell Grocery. It is constructed of native stone and
although the building is in bad need of repair, the frame and foundation is solid as a rock. Saving and
restoring this building will go a long way in preserving the historic character of East South Street.
From what I understand, the person wanting to save and restore this building and use it as their office is
Ryan Kelly, owner of Hammer and Chisel. They are the folks currently re -constructing the rock work
on the Fayetteville square. In addition to this work, Hammer and Chisel have been doing a beautiful
job restoring a house on the corner of 4' and East Street. I am confident that Hammer and Chisel will
do a wonderful job restoring 39 East South Street.
Although we are currently zoned RMF 24, this building has been on East South Street since the
beginning and should be grandfathered in and have a chance at being restored. Furthermore, as we are
in the process of being re -zoned Neighborhood Conservation, I am confident the building could be a
wonderful office, office/residence or even a residence and would blend in nicely to the existing East
South Street environment. Please give 39 East South Street a chance at a new life and approve the
requested variance.
Sincerely,e
Anthony J. Wappel
11 East South Street
Fayetteville, Arkansas 72701
479-236-2548
May 27, 2008
Planning Commission
CUP 08-2983 Kelly/South Street
Agenda Item 5
Page 8 of 14