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HomeMy WebLinkAbout2010-03-22 - Agendas - FinalPlanning Commission Planning Commissioners Officers Sean Trumbo, Chair Audy Lack, Vice -Chair Matthew Cabe, Secretary aye evtlle ARKANSAS Final Agenda City of Fayetteville, Arkansas Planning Commission Meeting March 22, 2010 Craig Honchell Jeremy Kennedy Christine Myres Porter Winston Jim Zant A meeting of the Fayetteville Planning Commission will be held on March 22, 2010 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: None. Presentation of Planning Commission Service Awards Consent: 1. Approval of the minutes from the Monday, March 8, 2010 meeting. 2. ADM 10-3544: Administrative Item (Sunbridge Villas R-PZD Modification No. 1): Submitted by BATES AND ASSOCIATES for the property located NORTH OF SUNBRIDGE DRIVE AND WEST OF VILLA BOULEVARD. The request is to approve an ordinance amending the approved R-PZD 06-2213 Sunbridge Villas to revise the zoning criteria to permit lots 1 and 50 in Planning Area 2 to be subdivided and developed for single family residences. Planner: Andrew Garner Old Business: 3. CUP 10-3512: Conditional Use Permit (CELL TOWER/HILL & MLK, JR.BLVD, 522): Submitted by SMITH TWO-WAY RADIO for property located SOUTHEAST OF THE INTERSECTION OF HILL AVENUE AND THE RAILROAD TRACKS. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.12 acres. The request is for a 150 ft. 'flag pole type' cellular tower on the subject property. Planner: Dara Sanders New Business: 4. CUP 10-3528: Conditional Use Permit (PLANT NURSERY AND GARDEN CENTER, 368): Submitted by KENNETH CYR for property located at 1946 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 units/acre and contains approximately 3.37 acres. The request is for a plant nursery and garden center with 13,200 s.f. of greenhouse and display area with associated office space and parking. Planner: Dara Sanders 5. ADM 10-3529: Administrative Item (UDC Amendment; Ch. 163.12 TANDEM LOT DEVELOPMENT): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified Development Code Section 163.12, Tandem Lot Development. The proposed code changes clarify and update tandem lot development requirements with current public service requirements and development patterns. Planner: Andrew Garner 6. ADM 10-3541: Administrative Item (UDC Amendment: Low Impact Development Ordinance): An Ordinance to submitted by CITY PLANNING STAFF to provide a regulatory basis for incorporating Low Impact Development stormwater management systems and structures in land development projects. Planner: Leif Olson 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 itcm being considered so that everyone has a chance to speak. 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. Interpreters or TDD, Telecommunication Device for the Dcaf, arc available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. rtevl e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of March 22, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: March 15, 2010 ADM 10-3544: Administrative Item (Sunbridge Villas R-PZD Modification No. 1): Submitted by Bates and Associates for the property located NORTH OF SUNBRIDGE DRIVE AND WEST OF VILLA BOULEVARD. The request is to approve an ordinance amending the approved R-PZD 06-2213 Sunbridge Villas to revise the zoning criteria to permit lots 1 and 50 in Planning Area 2 to be subdivided and developed for single family residences: Andrew Garner BACKGROUND Property Description and Background: The subject property is located northwest of Sunbridge Drive and Villa Boulevard. The Sunbridge Villas R-PZD was approved by the City Council on December 5, 2006. The project contains amix of single, two- and four -family residential dwellings totalling 169 units on approximately 21 acres. One of the property owners in this neighborhood desires to develop lots 1 and 50 with single family as opposed to two-family dwellings. Proposal: The applicant proposes to change the Sunbridge Villas R-PZD plats and zoning criteria for PA -2, Two -Family Dwelling, to permit lots 1 and 50 to be subdivided and developed with single- family dwellings. The changes to the PZD plats and zoning criteria are as follows: • The name of PA -2 has changed from "Two Family Dwellings" to "Single and Two Family Dwellings" • The permitted uses for PA -2 have included Use Unit 8, Single Family Dwellings. • The lot area, lot width, and land area per dwelling have been revised to allow lots to be subdivided for single family development. • The PZD plats have been revised to show the proposed new lot lines in PA -2 (lots 1 and 50) for single family development. RECOMMENDATION The proposed modification to the approved Sunbridge Villas R-PZD zoning criteria and plats do not alter the overall intent of the approved residential PZD. The overall density, development pattern, and character of the neighborhood has not changed, the applicant simply wishes to construct four detached single family residences on lots 1 and 50 as opposed to two two-family residences. G: IETCIDevelopment Services Review1201 OlDevelopment Reviewll0-3531 ADM Park Centre Site Plan Modl02-Subdivision Committeel02-25- 101Commenis and Redlines March 22, 2010 Planning Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 1 of 8 Recommended Motion: Staff recommends forwarding ADM 10-3544 Sunbridge Villas R-PZD Modification No. 1 to the City Council with the following conditions: 1. All conditions of approval from the previously approved R-PZD 06-2213 Sunbridge Villas shall apply. 2. Lots 1 and 50 are required to go through the Lot Split process prior to their development for single family dwellings. The Lot Split requirements will be reviewed and required to comply with all Fayetteville Unified Development Code requirements. 3. Development on lots 1 and 50 shall be required to share curb cuts beween the two single family homes on each lot due to the small amount of street frontage and tight curb return radaii in the adjacent streets. The shared curb cut and driveway shall be placed in an access easement at the time of lot split. 4. The single family residences on lots 1 and 50 shall be constructed consistent with previously approved architectural elevations for single family homes depicted in the Sunbridge Villas PZD booklet. Architectural elevations showing all four sides of the homes shall be submitted for review at the time of building permit. Planning Commission Action: Motion: Second - Vote: Meeting Date: March 22, 2010 0 Forwarded 0 Denied G:IETCIDevelopment Services Review120101Development Review110-3531 ADM Park Centre Site Plan Modl02-Subdivision Committee102-25- 101Comments and Redlines March 22, 2010 Planning Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 2 of 8 Bates, Associatesiinc. CM Engineering et Surveying 91 W. Colt Square Dr. Suite 3 / Fayetteville, AR 72703 A11: 479-442-9350 * FAX: 479321-9350 February 16, 2010 Andrew Garner Senior Planner City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Sunbridge Villas RPZD Dear Mr. Garner, Sundbridge Investments would like to make the following amendments to the Residential Planned Zoning District for Sunbridge Villas Subdivision: 1. Amend lot 1 and lot 50 to allow single family homes. 2. Split lot 1 to make lot IA and lot IB 3. Split lot 50 to make lot 50A and lot 50B 4. Amend the RPZD booklet page four to add single family homes 5. Amend RPZD plan pages to allow single family homes and show the split to lots 1 & 50. If you have any questions or require additional information, please feel free to call. Sincerely Bates & Associates, Inc. Geoffrey H. Bates, P.E. RECEIVED MAR 1 0 2010 CITY OF FAYETTEVILLE PLANNING DIVISION Marc 22, 2010 Plan ing Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 3 of 8 RESIDENTIAL PLANNED ZONING DISTRICT AMENDMENT TO LOT 1 & LOT 50 R-PZD # 06-2213 FOR SUNBRIDGE VILLAS R-PZD VILLA DRIVE FAYETTEVILLE, ARKANSAS MARCH 8, 2010 Developer: Sunbridge Investments, LLC 1747 N. College Ave. Fayetteville, AR 72703 Prepared by: Bates & Associates, Inc. 91 W Colt Square Dr. Suite 3 Fayetteville, AR 72703 PH: 479-442-9350 FAX: 479-521-9350 March 22, 2010 Planning Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 4 of 8 F. Proposed Zoning and Development Standards for: PLANNING AREA 2 (PA -2 SINGLE AND 1 0 FAMILY DWELLINGS (A)PURPOSE: AREA 2 IS DESIGNED TO ENCOURGAG TWO- FAMILY HOMES AT A MEDIUM DENSITY. (B) USES: Permitted Uses CITY WIDE USES BY etratulkatli Salk ilk SINGLE FAMILY UNIT DWELLING Conditional Uses UNIT 2 CITY WIDE USES BY CONDITIONAL USE PERMIT UNIT 24 HOME OCCUPATIONS (C)DENSITY: 4 units 10.88 ac. UNITS%ACRE l 4.54 (D) (E) LOT AREA MINIMUM 6,000 MIN. LOT WIDTH 16 LAND ARA PER DWELING UNIT 6,000 FRONT SIDE REAR 15 *5 **15 *10' side setback where existing or proposed utilities are located **Rear setback varies due to existing utility easement (F) HEIGHT REGULATIONS: 30 feet measured from the lowest point of the structure at the historic grade. (G)BUILDINGAREA: THE AREA OCCUPIED BY ALL BUILDINGS SHALL NOT EXCEED 65% OF THE TOTAL LOT AREA (H) SITE PLANNING 1. Landscaping — In accordance with City of Fayetteville Landscape Manual. 2. Parking — In accordance with Section 172 of the UDC. 3. Architectural Design Standards — See building elevations, included on Appendix D of the project booklet. Material shall be Brick, Driv-it (Stucco), Hardy Panel, Hardy Board, Cedar shake siding and Asphalt shingle roofs. 4. Signage — In accordance with Section 174 of the UDC. 4 March 22, 2010 Planning Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 5 of 8 arming ommission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 6 of 8 Overview Legend Subject Property ADMI0-3544 Boundary 0 0.25 0.5 1M Tvlarch 22, 2010 Planning Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 7 of 8 March 22, 2010 Planning Commission ADM 10-3544 Sunbridge Villas Agenda Item 2 Page 8 of 8 aye., evl_le y AFKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: March 17, 2010 PC Meeting of March 22, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 10-3528: Conditional Use Permit (PLANT NURSERY AND GARDEN CENTER, 368): Submitted by KENNETH CYR for property located at 1946 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 units/acre and contains approximately 3.37 acres. The request is for a plant nursery and garden center with 13,200 s.f. of greenhouse and display area with associated office space and parking. Planner: Dara Sanders Findings: Property Description & Background: The subject property is located on North College Avenue, northeast of the intersection of College Avenue and Green Acres Road, and contains one structure that has been used for various purposes in the past including a mini -golf course. The property is heavily wooded and steep along its eastern portion, and a floodway crosses the western portion of the property, which significantly reduces development options both adjacent to College Avenue and along its eastern portion. Surrounding Land Use: Direction from Site Land Use Zoning All directions Eating places, professional office, entertainment C-2, Thoroughfare Commercial Proposal: The applicant proposes to operate a plant nursery on the property, within the floodway area, to include up to four (4) greenhouses (for a total of 7,200 square feet) and up to an additional 6,000 square feet of display area for plants on the ground or on benches. Approximately 400 square feet of the existing structure will be utilized as a checkout and office area. The use is proposed to operate Monday— Sunday between 7:00 a.m. to 6:00 p.m. and with a varied number of customers expected throughout the year. The peak season is April — October when approximately 50-75 customers per day are anticipated, and off season is November — March when approximately 5-10 customers per day are anticipated. Erection of the proposed four (4) greenhouses depends upon several factors other than Planning Commission approval of this conditional use request — "no rise" certification, building setbacks, and building code requirements. These temporary structures are required to meet the 50' front setback requirement of the underlying C-2 zoning district, and building separation requirements will be reviewed C:IETCIDevelopment Sen.ices Review120101Development Review110-3528 CUP 1946 N College Avenuel03-Planning Commissian103-22- 101Camments 8• RedlineslCUP 10-3528 (Plant Nursery).dac March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 1 of 12 by the Building Safety Division at the time of building permit request. Additionally, because the applicant is proposing to locate up to 4 greenhouses in the floodway, a "no rise" certification from a professional engineer will be required before a building permit will be issued for one or more of the proposed greenhouses. If a "no rise" certification cannot be provided for the proposed greenhouses in the location identified on the attached site plan, a building permit will not be issued; however, this would not prohibit utilizing this area to display plants on the ground or benches, as proposed by the applicant, or finding an alternative location on the subject property and that is outside of the floodway to locate up to four (4) greenhouses. Access and Parking: Access for the proposed plant nursery would be off of the existing curb cut onto College Avenue. Parking is proposed in the existing parking lot onsite, adjacent to College Avenue, and off site behind a vacant commercial building to the south through a shared parking agreement. Public comment: Staff has not received public comment. Request: The applicant requests approval of Use Unit 2 (City-wide uses by conditional use permit) for a retail plant nursery in the C-2, Thoroughfare Commercial, zoning district. RECOMMENDED MOTION: Based on the flndings herein, staff recommends approval of CUP 10-3528 subject to the following conditions: 1. Planning Commission determination of the shared parking agreement. Finding that the proposed shared parking agreement meets the minimum requirements of Chapter 172, Parking and Loading, staff finds in favor of the request. 2. The conditional use permit for a plant nursery on the property shall be limited to the nature and intensity as described in the application and throughout this staff report as follows: a. Up to four (4) 30'x60' greenhouses on the subject property as indicated in the attached photos and site plan, subject to building permit approval. b. 6,000 square feet of temporary plant display area. c. Hours of operation: Monday - Sunday 7:00 a.m. — 6:00 p.m. 3. A building permit application shall be submitted prior to the erection of the temporary greenhouse structures. The applicant shall submit a "no rise" certification from a professional engineer prior to the issuance of a building permit. 4. The applicant shall obtain a Certificate of Zoning Compliance from the City Planning Division prior to operation of the business. 5. Signage shall comply with the City's sign ordinance and shall be approved separately by a sign permit application. 6. Trash enclosures shall be screened on three sides with materials complimentary to and compatible with the principle structure. Elevations of the proposed dumpster enclosure shall be submitted to the Planning and Solid Waste Divisions for review prior to building G: IiTCIDevefopment Services Review120101Development Review110-3528 CUP 1946 N. College Avenue103-Plmming Commisston103-22- I01Comments & Red/ineslCUP 10-3528 (Plant Nurseiy).doc March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 2 of 12 permit. PLANNING COMMISSION ACTION: Required YES 0 Approved Motion: Second: Vote: Meeting Date: March 22, 2010 LJ Denied 0 Tabled City Plan 2025 DESIGNATION: Urban Center § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for a plant nursery in the C-2 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: G:IETCIDevelopment Services Reriew120101Development Review110-3528 CUP 1996 N. College Avenue103-Planning Commission103-22- 101Comments & Redlines CUP 10-3528 (Plant Nursery).doc March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 3 of 12 (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 § 161.18 to grant the requested conditional use permit, Use Unit 2, within the C-2 zoning district. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting a conditional use permit for a plant nursery as proposed will not adversely affect the public interest with certain conditions in place. Staff finds that because of the location of the floodway at the western portion of the subject property, development that is not set back in a suburban form are extremely limited and that the proposed low -intensity use is an appropriate utilization of the property in its existing state. Staff does not find that a plant nursery will be incompatible with the surrounding commercial uses. Rather staff finds that the use would be complimentary with the floodway and existing vegetation on the subject property. (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. (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: Ingress and egress to the property is proposed to be maintained from the existing curb cut off of College Avenue. There is a sidewalk located along the west side of College Avenue, across the street from the subject property; however, staff does not anticipate an increase in pedestrian activity at this location. Due to the low number of customers, no improvements to vehicular or pedestrian access are recommended at this time. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: The subject property was developed prior to the current parking lot design G:IETCIDevelopment Services Review120101Developme,u Review110-3528 CUP 1946 N. College Avenue103Planning Comrnission103-22- 101Comments & Redlines\CUP 10-3528 (Plan[ Nursery).doc March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 4 of 12 requirements. Staff does not find that the reuse of the existing structure, potential placement of temporary greenhouses, and temporary display of plants and accessories warrants bringing the existing nonconforming parking lot into compliance with the current parking lot design requirements. The applicant proposes to provide up to 10 parking spaces on the subject property and four (4) parking spaces on the property to the south, which does not impede pedestrian access to the subject property. A shared parking agreement has been submitted for Planning Commission consideration. Due to the low intensity of the proposed plant nursery along a busy commercial thoroughfare, adverse economic, noise, glare, or odor effects on the adjoining properties would not occur. (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for refuse and service areas. If a new dumpster is required, it will be required to be screened with materials compatible with the existing structure, in accordance with City code. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Appropriate public utilities exist to serve the subject property. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Screening of the use from adjacent properties is not necessary. Additionally, staff does not find that the proposed use on the property warrants screening the existing nonconforming parking lot. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: Signage on the subject property would be permitted in accordance with city sign regulations. Any future signage shall comply with Chapter 174, Signs. (g.) Required setbacks and other open space; and Finding: Required setbacks are being met; no permanent structures are allowed within building setbacks. (h.) General compatibility with adjacent properties and other property in the district. Finding: See findings 3(b) and 2(b). G:IETCIDevelopment Services Review120101Developmem Review110-3528 CUP 1946 N. College Arenue103-Planning Commission103-22- 101Comments & RedlineslCUP 10-3528 (Plant Nursety).doc March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 5 of 12 G:IETCIDEVELOPMENT SERVICES REVIEW120101DEVELOPMENTREVIEW10-3528 CUP 1946 N. COI1 FGEAVENUEI03-PLANNING COMMISSIOM03-22-101COMMENTS & REDLINESICUP 10-3528 (PLANTNURSERYfDOC March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 6 of 12 Kenneth Cyr/Plant Nursery CUP Checklist: 1) Application fees: see attached 2) Legal description of property: see attached 3) Description of request: A retail plant nursery and garden center. a) Existing house on site. i) Approximately 400 square feet to be used as a checkout area and office. b) Green space between the house and College Ave. i) The addition of up to 4 greenhouses each being 30'x60' for a total of 7,200 square feet of retail area. ii) Up to an additional 6,000 square feet of display areas for plants. Plants will be set on the ground or on benches. c) Number of off street parking spaces provided: 10 Number required: 13 i) Shared parking agreement with vacant adjacent property, formerly the Gypsy. They will provide an additional 4 spaces. d) Business specifics: i) Hours of operation: 7am-6pm Monday -Sunday ii) Number of employees: 8-10 iii) Anticipated number of patrons: (1) The business is seasonal and will result in a varied number of customers throughout the year. Peak season will be April -October when 50-75 customers per day are anticipated. Off season is November -March when 5-10 customers per day are anticipated. iv) Outdoor lighting: None is anticipated. v) Noise: None is anticipated. vi) Screen or buffering from adjacent properties: (1) Fencing may be installed to provide security. See plans. vii) Trash and refuse service: (1) A dumpster will be located at the rear of the property and will be screened as necessary by city code. viii) Ingress and egress to the property: (1) There is an entry/exit at the south end of the property from College Ave. (2) See plan. ix) General compatibility: (1) The property will be used as a retail business similar to the surrounding restaurants, strip mails, and car lot. (2) The property will preserve the existing green space by not constructing any new buildings or parking areas. Thus, having little or no impact on surrounding property owners. March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 7 of 12 992-2010 E SIS O_ O — 9 N {i1 O en N "gigrn G cs f l `n hx, 2010 =`Platrning Commission "O CUP10-3528 Plant Nursery Agenda Item 4 8 of 12 on Nursery CU P10-3528 Close Up View PLANT NURSERY AND GARDEN Overview March 22, 2010 Planning Commission a Agenda Item 4 10 of 12 Overview Legend Subject Property CUP10-3528 Boundary 0 0.25 0.5 1M i l esMarch 22, 2010 Planning Commission uurl U-sbLtl rlant Nursery Agenda Item 4 11 of 12 March 22, 2010 Planning Commission CUP10-3528 Plant Nursery Agenda Item 4 12 of 12 el.teville Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of March 22, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: March 16, 2010 ADM 10-3529: Administrative Item (UDC Amendment; Ch. 163.12 TANDEM LOT DEVELOPMENT): Submitted by CITY PLANNING STAFF for revisions to Fayetteville Unified Development Code Section 163.12, Tandem Lot Development. The proposed code changes clarify and update tandem lot development requirements with current public service requirements and development patterns. Planner: Andrew Garner BACKGROUND The Fayetteville Unified Development Code (UDC) chapter 151 defines a tandem lot as, "A lot which does not have required frontage on a public street and which is located behind:a lot, or a portion of a lot which does have frontage on a public street.", and chapter 163..12 lists the requirements for tandem lot development. In an effort to update the UDC staff has noted specific sections of the tandem lot development' requirements that are outdated and not applicable to current public service requirements and. development patterns, and to reflect the existing practices for these types of development requests. PROPOSAL The proposal before you is to amend two chapters of the UDC regarding to clarify the definition and development requirements for tandem lots. These changes are summarized below and attached in full to this staff report: UDC Chapter (1) Ch.151 Definitions (2) Ch.163.12 Tandem Lot Development Proposed Changes Revised the definition to clarify the difference between a lot width variance that is heard by the Board of Adjustment, and a tandem lot request that is heard as a conditional use permit by the Planning Commission. Revised and updated the findings and requirements for tandem lot development to be consistent with current public service requirements provided by the City including solid waste and emergency response. The ordinance amendments are highlighted and attached to the staff report. March 22, 2010 Planning Commission ADM 10-3529 UDC Ch. 163.12 Agenda Item 5 Page 1 of 4 RECOMMENDATION Staff finds that in order to clarify the difference between a tandem lot and a lot width variance request, and to be consistent with current specifications for residential access, solid waste and emergency response service, the UDC needs to be revised as described in this staff report. Staff has not recommended any changes to the basic requirement that tandem lot development be allowed only as a conditional use permit for single family residences. Staff recommends forwarding ADM 10-3529 to the City Council with a recommendation for approval. Planning Commission Action: Motion: Second: Vote: Meeting Date: March 22, 2010 Comments: ❑ Forwarded ❑ Denied ❑ Tabled March 22, 2010 Planning Commission ADM 10-3529 UDC Ch. 163.12 Agenda Item 5 Page 2 of 4 ADM 10-3529 PLANNING COMMISSION DRAFT MARCH 22, 2010 UDC REVISIONS FOR TANDEM LOT DEVELOPMENT CHANGES SHOWN IN STRIKEOUT/UNDERLINE/HIGH. L'IGHT Chapter 151 Definitions T Tandem lot. (Zoning) A lot which has:aess.tfildit % eeffierdocs not'liavc required frontage on a public street and which is located behind a lot or a portion of a lot which does have frontage on a public street. 163.12 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for a single-family dwellings and eust©mary accessory structure and/ord4+elling'urit only and shall be a conditional use in all districts where single- family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. (B) PeeperaepTFindings Before any conditional use for tandem lot development shall be granted, the Planning Commission shall' dctcrrntne;that make the followmgfiri sings: (1) Tandem lot development will not be inconsistent with thesize and development pattern incompariison vdith'other lots in the neighborhood and•the-un'de"riving tots. (2) The corifiquratior of:the ''property existing surrounding, devel`opment and/or terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. (C)'Retruiminanfs.:Developmentof a,tandem`lot shaltbe subte idifite`- dii&iring requirements] 0)01, The tandem lot wA shall have access to a public street by way of a private drive with a minimum width of25 foot of.equal and uniform width and pecificatton such as a vehicular turnaround<as determined, bv.eme'rgeiiev response provieraliMiTIcaoedance`with 'applicable Local stateva!and federal codes. The tandem lot owner shall be responsible for maintaining said 25:foot private drive so that ,40:0-40;40-,' emergency vehicles have safe access to the dwelling located on the lot. Parking.oflvehiclesKi'the,desidnated private>diive fortemerq'ency vehicle. access.shat?hof be permitted? The tandem lot owner shall have title to, or a perpetual private easement in, the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 25 Altfk feet from said in' cbon Fight .f v$avai n "accordance with the'dnvewau#design standards ih F.atette .iII& fied D velopment{CoYde.G'ha' fer.17ti. (4) f)The cafetyzb drdistanee between the private drive of a tandem lot and any adjacent driveway, wil shall not be less than the minimum distance between curb cuts in Fayetteville Unifiad'Develtfiper t .. Code Chapte 166'�'Street Design acid Accessa�Ma agerne'nf�Standards th . naa¢tr:.STr `moi (5)(33The tandem lot, excluding the Tafoot private drive, . "".ushali conform tothe minimum lot width and lot area requirements of the zoning district_in which it is located unless a vanncefisaoT e%se granted�bvathe Fra e e it a Board' of.Ad Affirm (S)-(4)Sohd wastessei icee fo theetandem lot shall be owd FchTIFatbmers aacm•standard is tai garbaoetiea"dre ci ns"' and Vard waste at aloesig ate°d`collectmn ooinf o iragl d'ffifh accordance' ait etti 'o`f Fayetteville Codec`ot O�,dinan estCha`pter":5020 (R.?Theraesi naf d collecrfahM` omiis al1ibe Uentfied:atoaTatatidealgiviKeeibidiggienialliffetCita March 22, 2010 Planning Commission ADM 10-3529 UDC Ch. 163.12 Agenda Item 5 Page 3 of 4 ADM 10-3529 PLANNING COMMISSION DRAFT MARCH 22, 2010 UDC REVISIONS FOR TANDEM LOT DEVELOPMENT CHANGES SHOWN IN STRIKEOUT/UNDERLINE/HIGHLIGHT SblidWaSte-Divisitirt.,Getbaqe carts and recycling biliS,,shalbnotbsPlaced(atthe colleetion,point 12 after reetliarlfaahreiCklieTei:zgadt.daii664ith Chapter 50.20:(8) a Setback. Each tandem lot shall have a minimum building setback requirement of go to feet from all ,property lices po•A:g6-,,Id16t•froniall.r...trcbt• right:61 way lines unless;aNariance is1oranted,bV the tatetteVille,5bartifefAtiarairnent. 2 .{by,:vo:tildietlyfivajte1dritie:;!:NeVoliicics P turnaroundrcquircd„ 111 March 22, 2010 Planning Commission ADM 10-3529 UDC Ch. 163.12 Agenda Item 5 Page 4 of 4 ayeenle PC Meeting of March 22, 2010 THE CITY OF FAYETTEVILI.E, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Leif Olson, Associate Planner THRU: Jeremy Pate, Development Services Director DATE: March 15, 2010 ADM 10-3541: Administrative Item (UDC Amendment; Ch. 179: Low Impact Development): Submitted by CITY PLANNING STAFF to create a new Unified Development Code chapter that will regulate and standardize the construction and maintenance requirements for implementing Low Impact Development (LID) systems and structures. Planner: Leif Olson BACKGROUND Periodically, development projects are proposed that include the use of LID systems and structures in the overall stonnwater management plan for the site. Unfortunately, a formal process for reviewing and permitting such structures does not currently exist. As such, the applicant, elected officials, the Planning Commission, Staff and the public have not had a clear process for reviewing and permitting these types of stormwater structures. Planning Staff has therefore worked with Council member Sarah Lewis, a sponsor of this ordinance, to draft an ordinance that would formalize a procedure for permitting, installing and maintaining LID systems and structures. Council member Lewis has been the main proponent for developing a LID chapter and this goal was further supported by the Mayor at the Fayetteville Forward Summit. Council member Lewis also provided staff with relevant background information and peer city examples through her work at the University of Arkansas. Planning Staff has worked closely with the Engineering Department to draft standards and regulations that will be functional and effective. PROPOSAL The proposal before you is to amend the Unified Development Code by adding Chapter 179: Low Impact Development. The proposed Chapter 179: Low Impact Development is attached in full to this staff report. RECOMMENDATION Staff recommends that the Planning Commission forward ADM 10-3541 to the City Council with a recommendation for approval. March 22, 2010 Planning Commission ADM 10-3541 UDC Admen Ch 179 Agenda Item 6 Page 1 of 12 Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: March 22, 2010 Comments: March 22, 2010 Planning Commission ADM 10-3541 UDC Admen Ch 179 Agenda Item 6 Page 2 of 12 TITLE XV UNIFIED DEVELOPMENT CODE :HAPTER 179: LOW' IMPACT DEVELOPMENT 179.01 PURPOSE 3 179.02 APPLICABILITY 4 179.03 LOW IMPACT DEVELOPMENT SITE DESIGN STRATEGIES 4 179.04 SUBMITTAL - 7 179.05 LID CREDITS == 8 179.06 LID MAINTENANCE — 9 �vm 179.06-179.99 RESERVED 9 CD179:1 March 22, 2010 Planning Commission ADM 10-3541 UDC Admen Ch 179 Agenda Item 6 Page 3 of 12 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 179: LOW IMPACT DEVELOPMENT CD179:2 March 22, 2010 Planning Commission ADM 10-3541 UDC Admen Ch 179 Agenda Item 6 Page 4 of 12