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HomeMy WebLinkAbout2010-05-24 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting May 24, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on May 24, 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: Consent: 1. Approval of the minutes from the Monday, May 10, 2010 meeting. Old Business: 2. ADM 10-3533: (AARON WATSON, 323): Submitted by AARON WATSON for property located at the NORTHEAST CORNER OF MOUNT COMFORT AND SALEM ROADS. The request is for a variance of Fayetteville Unified Development Code Section 166.08 to permit a curb cut on Mount Comfort Road, a Minor Arterial. Planner: Andrew Garner 3. ADM 10-3559: (WEIR ROAD SUBDIVISION, 244): Submitted by HOMETOWN DEVELOPMENT. The property is located at the SOUTHEAST CORNER OF WEIR ROAD AND HUGHMONT ROAD and contains approximately 17.64 acres. The request is for an extension of the approval for PPL 06-2010, Preliminary Plat Weir Road Subdivision. Planner: Jesse Fulcher 4. ADM 10-3567: (UDC AMENDMENT CH. 171 STREETS AND SIDEWALKS): Submitted by CITY PLANNING STAFF for revisions to the Fayetteville Unified Development Code, Chapter 171 Streets and Sidewalks. The proposed amendments will clarify the construction standards and practices for sidewalks and driveway approaches. Planner: Leif Olson New Business: 5. ADM 10-3583: (88 EAST FOURTH STREET, 523): Submitted by JAKE NEWELL for property located at 88 EAST FOURTH STREET, THE NORTHEAST CORNER OF SOUTH COLLEGE AVENUE AND FOURTH STREET. The request is for a waiver of Fayetteville Unified Development Code Section 171.12 to permit the construction of a new single family home without constructing a new sidewalk or paying money -in -lieu for a sidewalk. Planner: Andrew Garner 6. ADM 10-3584: (4618 NORTH COLLEGE AVENUE, 96): Submitted by CYNTHIA HASELHOFF for property located west of Lake Fayetteville at 4618 N. COLLEGE AVENUE. The property contains approximately 17 acres and is zoned R -A, Residential -Agricultural and C- 2, Thoroughfare Commercial. The request is for a variance of Fayetteville Unified Development Code Section 166.14(C) (7) to permit a wire fence within the C-2 zoning district. Planner: Andrew Garner 7. ADM 10-3585: (FIRST BAPTIST OF FAYETTEVILLE, 484): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF COLLEGE AVENUE AND DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 4.00 acres. The request is to strike a condition of approval associated with LSD 10-3536. Planner: Dara Sanders 8. CUP 10-3562: (4476 NORTH WATERSIDE COURT, 96): Submitted by RICHARD WEST for property located at 4476 N. WATERSIDE COURT. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.90 acres. The request is to permit Use Unit 4, for special events assemblies at the subject property. Planner: Dara Sanders 9. CUP 10-3570: (40 E.CENTER STREET / DANCE HALL, 484): Submitted by JUDY PAYNE SMITH, WILLIAM NAJGER for property located at 40 E. CENTER STREET. The property is zoned DC, DOWNTOWN CORE and contains approximately 0.05 acres. The request is for a dance hall, Use Unit 29, at this location. Planner: Dara Sanders 10. RZN 10-3566: (932 GARLAND / JORDAN HOLDINGS, 444): Submitted by KELLY ELLIS for property located at 932 GARLAND AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 932 GARLAND, and contains approximately 0.84 acres. The request is to rezone the subject property from R-PZD, Residential -Planned Zoning District to R -O, Residential Office and RMF -40, Residential Multi -Family, 40 Units per Acre. Planner: Andrew Garner 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. aye evL e THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of May 24, 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: May 19, 2010 ADM 10-3533: Administrative Item (AARON WATSON, 323): Submitted by AARON WATSON for property located at the NORTHEAST CORNER OF MOUNT COMFORT AND SALEM ROADS. The request is for a variance of Fayetteville Unified Development Code Section 166.08 to permit a curb cut on Mount Comfort Road, a Minor Arterial. Planner: Andrew Garner Findings: March 8, 2010 Planning Commission: This item was tabled at the March 8, 2010 Planning Commission meeting at the request of the applicant. Since that time the applicant has met with staff and reached a compromise that staff finds appropriate. Background: The subject property is located at 2242 Salem Road Road, the northeast corner of the Salem Road/Mount Comfort Road intersection, is zoned RSF-4, and contains approximately 0.40 acre. The site contains an approximately 1,500 square foot single family home constructed in 1994 with an existing driveway and two -car garage off of Salem Road. The property owner recently installed a detached prefabricated metal carport and gravel parking/driveway area off of Mount Comfort Road. This parking area is currently accessed through an existing driveway on the adjacent property to the east on Mount Comfort Road by means of a verbal agreement between both property owners. The City is in the process of improving Mount Comfort Road as part of the City's Transportation Bond Improvement Program. Mount Comfort Road is a Minor Arterial on the City's Master Street Plan and will be improved to four lanes, with a turn lane at intersections. Salem Road is a Collector and will be improved to three lanes adjacent to the subject property. As part of these improvements, the Mount Comfort/Salem Road intersection will become signalized. The City Council on March 2, 2010 approved a settlement agreement to purchase right-of-way, easements and other improvements in the amount of $55,000.00 from the applicant. Proposal: The applicant proposes a new curb cut off of Mount Comfort Road to directly access the recently constructed carport and gravel parking area. The applicant's letter states that the new driveway is proposed for safe egress and ingress. The applicant further discusses that with the improvements to widen Salem Road to three lanes, it will be difficult to back out across three lanes, and also that their proposal is needed to accommodate turning movements for a 28 -foot camper. The G: IETODevelopment Services Review120/01Deve/opment Review1l0-3533 ADM 2242 Salem Road Aaron Watson103-Planning Commission105-24- 101Comments and Redlines May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 1 of 16 applicant has also discussed with staff that the garage that is accessed off of Salem Road has been finished out as a living room and the existing driveway is rarely, if ever utilized. The applicant proposes to close off the curb cut onto Salem Road, in exchange for permitting the curb cut onto Mount Comfort Road. The new proposed curb cut and driveway on Mount Comfort Road is in conflict with the City's Street Design and Access Management Standards, Fayetteville Unified Development Code 166.08 (F) and 166.08(F)(1)(d) that discourage access to arterial streets, and that a higher priority be placed on accessing the street with the lower classification. Fayetteville Unified Development Code 166.08 Street Design And Access Management Standards (F) Access Management. Safe and adequate vehicular, bicycle, and pedestrian access shall be provided to all parcels. Local streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto two public streets shall place a higher priority on accessing the street with the lower functional classification, ex. Local and Collector. (d) Residential Subdivisions. In the case of residential subdivisions, curb cuts shall be discouraged along arterial and collector streets. When necessary, curb cuts along arterial and collector streets shall be shared between two or more lots. Curb cuts along all streets shall be located a minimum of five feet (5') from the adjoining property line, unless shared. Discussion: Staff finds that there are several unique factors that have resulted in the applicant's request for the curb cut onto Mount Comfort Road. The existing home is on a corner lot at an intersection of arterial and collector streets with impending improvements to both streets. The widening of these roads, the layout of the existing development with a driveway on Salem close to the intersection, large existing above -ground utilities preventing cross access from Salem around the back of the house, and the fact that the existing garage is now finished living space are all unique circumstances. Based on these unique factors, staff recommends that the applicant's proposal to close the curb cut for the existing driveway onto Salem Road and permit a new curb cut on Mount Comfort Road is a reasonable solution to accessing this existing residence. The site is a difficult one to access, either off of Mount Comfort Road or Salem Road. The applicant's proposed curb cut would be located approximately 75 feet from the intersection, where the existing driveway is located approximately 60 feet from the intersection. Staff finds that the intent of the Access Management Ordinance would be met by closing the existing curb cut on Salem Road and permitting the proposed curb cut onto Mount Comfort Road. This is a unique access situation that will be somewhat impacted by the improvements to the adjacent streets. Staff finds that given all of these factors the proposed access point is justified. G: IETCIDevelopment Services Revietd20101Development Revieidl0-3533 ADM2242 Salem Road Aaron RStson103-Planning Commission105-24- 101Comments and Redlines May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 2 of 16 Recommendation: Staff recommends approval of the request with the following conditions: Conditions of Approval: 1. The existing curb cut for the subject property onto Salem Road shall be removed at the time of the improvements to the intersection. 2. The recently constructed gravel parking area facing Mount Comfort Road violates Fayetteville Unified Development Code 172.11(C) as it contains 47% of the front yard as a parking area, when a maximum of 40% is permitted. The existing code compliance violation shall be resolved to meet City ordinance within 45 days from Planning Commission approval. 3. The new curb cut shall be constructed to meet City specifications, including pavement 18 feet into the property. PLANNING COMMISSION ACTION: yes Required Approved Denied Tabled Motion: Second: Vote: Date: May 24, 2010 G: IETC1Development Services Revieni20101Development Revien110-3533 ADM 2242 Salem Road Aaron i16tson103-Planning Commission105-24- 101Comments and Redlines May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 3 of 16 Feb 24 2010 2:3OPM HP 1aSERJET FAX R2853-2 Allstate. You're in good hands. 02-25-2010 Re: Road Widening at Mt Comfort/Salem To whom it may concern, I live on the corner of Mt Comfort and Salem Road in the 72704 Code. The address is 2242 Salem and access to my home is off Salem. With the widening project taking a Targe part of my existing driveway and turn around area, 1 am proposing making a new driveway to the South end of my home so my family and I may have safe access for egress and ingress. The proposed driveway will be at the property line in the South East corner of my lot. The reason this drive is needed is that when the project is complete there will be three lanes of traffic to back across to get back onto the road. Also, with the light being placed so near my drive it will be nearly impossible to get onto the roadway in a red light situation. The school traffic from Holcomb as well as cars coming off Mt Comfort around a blind curve in which they do not have to stop will put my family in danger. As the road currently sits it is only two lanes and with increased construction it is already posing a challenge. We were able to back into the South West corner of the lot and go out facing traffic to make this somewhat easier. Now we can no longer do this due to unforeseen placement of two telephone poles, 4 guide wires, and the stop light pole which has also eliminated the access I had to get my 28 ft Camper in and out of its parking area. In other words, my current drive will become unusable as a full time access without backing into what little front yard I have remaining after the rest is used by the project. Even with using the front yard I will have no way to access my camper and in wet conditions the yard will become unsightly due to rutting and wore down grass. The only solution I have found that is both safe, clean and does not cause further hardship to my family is the access from Mt Comfort to the rear of the home. 1 have plenty of turn -around space to access the road facing towards traffic as well as ingress and egress of my camper both of which we enjoyed prior to the project beginning. Furthermore, the proposed Driveway will almost join the neighbors existing drive therefore it will not act as a hidden drive or pose any problems to the flow of traffic. In fact, it will be much farther away from the intersection than the current drive. I ask that the city consider this access so that my family may continue to enjoy the uninterrupted use of our property safely. This access will be little inconvenience to all parties involved while bringing our property back to where we were prior to the hardship brought on by the betterment project. Please see the enclosed scale drawing and look forward to working with you in the near future. Thank You, Aaron Watson Allstate Insurance 479-582-2677 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 4 of 16 Feb 24 2010 2:30PM HP -LASERJET FAX P. SALEM ROAD May 24, 2010 Planning Commission ADM 10-3533 Aaron •tson Agenda Item 2 Page 5 of 16 -=z-21 - _.:_g - � .16 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 6 of 16 -Nay 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 7 of 16 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 8 of 16 ZS E - May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 9 of 16 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 10 of 16 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 11 of 16 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 12 of 16 ST 00 t g! 'Ern rciz 2wg pm Nswii g ig Z —> STA. twos UNE 214 34+9 CITY OF FAYETTEVILLE 47,-14--11 FAYEITEALLE. A2edUI,S05 rarmilue MOUNT C1 ORT ROAD IMPROVEMENTS GARVER ENG" IERS M Agenda Item 2 Page 13 of 16 ssion ron Watson 1 inch = 50 feet 50 25 0 50 Feet May 24, 2010 Planning Commission ADM 10-3533 Aaron Wa on Agenda Item 2 Page 14 of 16 ADM 10-3533 Close Up View AARON WATSON Overview 0 37.5 75 150 225 300 Feet May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 15 of 16 May 24, 2010 Planning Commission ADM 10-3533 Aaron Watson Agenda Item 2 Page 16 of 16 ayenevAs THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: May 19, 2008 PC Meeting of May 24, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-3559: Administrative Item (WEIR ROAD SUBDIVISION, 244): Submitted by Hometown Development. The request is for an extension of the approval for PPL 06-2010, Weir Road S/D. Planner: Jesse Fulcher BACKGROUND May 10. 2010 Planning Commission meeting: This item was heard at the May 10, 2010 Planning Commission meeting where the Planning Commission voted to reconsider this item at its next meeting, May 24, 2010. This staff report includes information submitted by a member of the public at the May 10, 2010 Planning Commission meeting. April 26, 2010 Planning Commission meeting: This item was heard at the April 26, 2010 Planning Commission meeting. The Planning Commission voted 7-1-0 to approve a one-year extension. April 12, 2010 Planning Commission meeting: This item was heard at the April 12, 2010 Planning Commission meeting. The Planning Commission voted 8-0-0 to table the request to the April 26, 2010 Planning Commission meeting in order to give the applicant time to supply additional justification for the requested extension. Staff e-mailed both project applicants on April 13, 2010 to inform them of the outcome of the meeting, and to request that they provide a signed letter outlining the progression of the project since it was approved in 2006, and the steps that will be taken to complete the project, including a construction time line. Staff requested that this letter be submitted on Monday, April 19, 2010. The applicant had not submitted additional information to the Planning Division as of the date of this report. Property Description: The subject property is located at the southeast corner of Weir Road and Hughmount Road. Background: The original Preliminary Plat request was approved by the Planning Commission on April 24, 2006 for the construction of a residential subdivision with 34 single-family lots and 40 townhouses. The applicant received all permits and approvals to complete construction of the infrastructure on April 17, 2007, within the one year time limit. These approvals were conditioned upon the applicant completing the project and receiving final inspection approval within three (3) years from the date of issuance of permits. Proposal: The applicant requests a two year extension to complete construction of the project, to expire G: IETCIDevelopment Services Review120101Development Review110-3559 ADM Weir Road at (Planning Commission104-26-IOICommen/s and Redlines May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 1 of 30 on April 17, 2012. The Planning Department received the applicant's extension request on March 29, 2010, within the three year time limit. Should this extension be granted, the applicant shall complete construction and receive final inspection approval before the end of the extended deadline. RECOMMENDATION Staff recommends approval of ADM 10-3559, the requested extension to PPL 06-2010 (Weir Road Subdivision), with the following conditions: 1. The applicant shall be allowed until April 17, 2011 (one year) to complete construction of the project and receive final inspection approval, or the preliminary plat approval shall be revoked. Staff is recommending only a one (1) year extension, since the applicant has stated that work is expected to be completed within six months and because the project has been approved for four years already. The Planning Commission may extend the project by up to two (2) additional years. 2. All other conditions of approval PPL 06-2010 shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(C)(2) gives the Planning Commission authority to extend the three (3) year period to complete a project by up to two (2) additional years. In order to extend this approval, the applicant must: (1) request the extension prior to the three year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal three year period. If the extension is granted, it is within this time that the applicant shall complete construction of the project and receive final inspection approval. Additional extensions are not permitted. (1) The applicant has submitted the extension request to the Planning Division on March 29, 2010, prior to the three year time limit ending on April 17, 2010. (2) The applicant has stated that they are actively pursuing the physical infrastructure aspects of the project and expect completion to be within the next six (6) months and that the noticiable delay in construction timing has been due to the complicated and changing requirements on financial institutions in the current economy. Furthermore, the development contractor has equipment, materials and manpower on site and plans to aggressivley continue work through completion. PLANNING COMMISSION ACTION: ❑ Approved Motion: Second: Vote: Comments: Meeting Date: May 24, 2010 ❑ Denied ❑ Tabled The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date G: IETCWevelopment Services Review120101Development Review110-3559 ADM Weir Road Ext. (Planning Commission104-26-101Comments and Redlines May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 2 of 30 f/fometown (Development 4378 E. Mission Blvd. Fayetteville, Arkansas 72703 April 26, 2010 To: City of Fayetteville, Planning Commission Re: Weir Road Development Project - Extension Planning Commission Members, We are requesting a construction time extension for the Weir Road development project. We have endured several delays in progression of the project physical improvements since your initial approval in 2006; some detail of the project timeline progression is included below. • Planning Commission Approval • Engineering details completed and approved by City Engineering • Approval of financial institution to begin work • 2007 Pre -construction meeting and project started • Real Estate Market Collapse of 2007 caused original Contractor no longer available • Delay, naturally due to need for a new Contractor • Bank demanded a delay to review project cost, find new Contractor and evaluate market. We have no choice but to comply due to delay in funding. • Approval of financial institution to find new Contractor and begin work again • City Engineering requested new sewer system details, requiring all new design • Project Engineer submitted and received approval on new sewer system design • City Engineering requested additional storm water detention volume. • Project Engineer worked with City Engineering to design for additional storm water volume while keeping requirements for the sewer system intact, and met the Engineering requirements • Project Engineer submitted new sewer design to ADH and received approval in 2009 • Contractor negotiations ensued, once the design was approved and completed May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 3 of 30 • Contractor (new) chosen and contract drawn for new work to be completed within a 6 month timeframe. • Approval of Financial institution of revised construction expense to begin. • Project Engineering company ceased work "went belly -up" • Negotiations and contract for new Project Engineer • New Contractor began work in early 2010 • Washington County demanded a construction delay until several conditions are met • Requesting construction duration extension as one of the County Requirements to continue with project We believe that these arduous and numerous project requirements are evidence that the Developer of the project has been continually striving to bring the construction of the project through to successful completion. Each additional requirement, request or demand can, and does, consume several weeks of work and diligence to bring any one task through to its own successful completion. At this time, we have a stable Contractor on board and ready to begin work immediately. The Contractor has verified that all construction procedures will be complete within six months of a required pre -construction meeting with the County. We have a stable Engineer on board who is ready to provide full services, along with project inspections and to address any issues that come up during construction. We have complete backing of our project financial institution, which has fully funded the project for completion. We are trusting that you will allow an extension of the Weir Road project, and we will diligently pursue it through completion. Thank you for your consideration, John W English May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 4 of 30 �Cometown Development March 29, 2010 4378 E. Mission Blvd. Fayetteville, Arkansas 72703 To: Jesse Fulcher City of Fayetteville Planning Department Re: Weir Road Development Project - Extension Mr Fulcher and Planning Commission, We respectfully request that you allow an extension of the standard construction duration for the Weir Road development project. We are actively pursuing the physical infrastructure aspects of the project and expect completion to be within the next six months. We are not planning any home building procedures until the time at which all infrastructure is completed in order to provide services to those structures. The noticeable delay in construction timing has been due to the complicated and changing requirements on financial institutions in our current economy. Our development contractor has equipment, materials and manpower on site and plans to aggressively continue work through completion. Thank you for your consideration, John W. English May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 5 of 30 (4/7/2010) Jesse Fulcher - Re. Weir Rd Extension Page 1 From: <ozarkconstruction@yahoo.com> To: "Jesse Fulcher"<jfulcher@ci.Fayetteville.AR.us> Date: 4/7/2010 9:12 AM Subject: Re: Weir Rd Extension We expect to have the project completed well within the one year window. I am certain, however that all original persons involved could not have anticipated the events which have transpired to this point. Please allow us to request the two-year extension, knowing that we would joyfully accept a one year extension i that limitation suited the Planning Commission better. Original Message From: Jesse Fulcher To: John W English Cc: Bob Schmitt Subject: Re: Weir Rd Extension Sent: Apr 7, 2010 8:56 AM Mr. English, Do you want to request the full two-year extension, or will one year be sufficient to complete construction? Jesse »> John English <ozarkconstruction@yahoo.com> 3/30/2010 3:41 PM »> Mr Fulcher, As we have discussed, it is customary for the planning commission to allow time extension on construction of projects underway when requested and reasonable. Please review the attached letter requesting such extension for the Weir Road project. If you forsee any difficulty with acceptance of the request, please notify me immediately. As always, I am available to you by email or cell phone at all times. Thank you very much. John W . English fax 479 - 443 - 2252 Cell 479 - 263 - 3665 Sent from my BlackBerry Smartphone provided by Alltel May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 6 of 30 THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner Matt Casey, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April -1-7T2086 Updated April 25, 2006 PPL 06-2010 Page 1 PC Meeting of April 24, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PPL 06-2010: Preliminary Plat (WEIR RD. S/D, 244): Submitted by PROJECT DESIGN CONSULTANTS for property located at SE CORNER WEIR RD AND HUGHMOUNT RD. The property is in the Planning Area and contains approximately 17.64 acres. The request is to approve a residential subdivision with 34 single family lots and 40 town homes. Property Owner: HOMETOWN DEVELOPMENT Planner: JESSE FULCHER Findings: Property: The subject property contains approximately 17.64 acres located east of Hughmount Road and south of Weir Road, just north of Lierly Lane Subdivision. The property is located in the Planning Area and is currently largely undeveloped, pasture land with one single family home. Proposal: The applicant proposes to create a residential subdivision with 34 single family lots and 40 town homes. Related Issues: Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations required within the City. When property within the Planning Area develops, the City can regulate the following requirements: • Appropriate division of land; • Lot area - minimum 10,000 square feet; • Lot width - minimum 75 feet; • Right-of-way dedication in conformance with the Master Street Plan; • Impact of traffic - On- and off-site improvements to reduce a dangerous traffic condition; • Septic System approval from the Arkansas Health Department for lots less than 1.5 acres; and • Street connectivity. Surrounding Land Use and Zoning: Surrounding properties are within the Planning Area and consist of large single family properties. K:IReporis120061PC Repaas104-24-061PPL 05-20/0 (Weir Road).doc May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 7 of 30 PPL 06-2010 Page 2 Water and Septic System: Water shall be extended to serve the proposed development. The applicant proposes to utilize a community septic system. Conditional approval of the septic system has been provided prior to approval of the subdivision. Adjacent Master Street Plan Streets: Hughmount Road and Weir Road (local streets); Lierly Lane (Collector). At the time of Subdivision Committee, the applicant representative indicated an unwillingness to make the improvements as recommended to Hughmount Road and Weir Road, the streets utilized to access this property. Since that time, the applicant has agreed to these improvements and staff is recommending approval. Right-of-way to be dedicated: Sufficient right-of-way exists for Hughmount Road and Weir Road to meet the requirements of the Master Street Plan. The applicant proposes a 50' dedication of right-of-way for Streets 1 and 3 and a 40' dedication of right-of-way for Street 2. Street 4 will be an alley with 20' of dedicated right-of-way. Connectivity: The project will access Hughmount Road and Weir Rd. Connectivity is not proposed to the south or east, given that there are existing platted subdivisions located on these two sides of the proposed subdivision. Public Comment: Several property owners in the area objected to this project, citing concerns with drainage, traffic, compatibility, lot sizes, town homes, etc. Recommendation: Staff recommends approval of PPL 06-2010 with the following conditions: Conditions to Address/Discuss: 1. Planning Commission determination of street improvements. Staff recommends widening Hughmount Road 14' from centerline to include storm drains, curb and gutter, pavement and a 4' sidewalk along the property frontage, with all improvements continuing south to tie into the improvements for Lierly Lane Subdivision, at the intersection of Hughmount Rd. and Lierly Ln. Staff recommends widening Weir Road 14' from centerline to include storm drains, curb and gutter, pavement and a 4' sidewalk along the property frontage. Both adjoining streets shall be provided a minimum width of 20' of asphalt pavement, or to county standards, whichever is greater. THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF ALL RECOMMENDED STREET IMPROVEMENTS. THE PLANNING COMMISSION FOUND IN FAVOR OF ALL RECOMMENDED STREET IMPROVEMENTS. 2. Planning Commission determination of appropriate connectivity. Staff finds that subdivision as proposed provides adequate connectivity to existing streets. There are existing platted subdivisions to the east and south therefore no stub -outs are requested. THE SUBDIVISION COMMTI "1 EE FOUND IN FAVOR OF THE STATED CONDITION. K: IReports120061PC Reports104-24-06IPPL 05-2010 (Weir Road).doc May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 8 of 30 PPL 06-2010 Page 3 THE PLANNING COMMISSION FOUND IN FAVOR OF THE STATED CONDITION. 3. Street lights shall be installed or guaranteed at each intersection and with a maximum separation of 300 feet along all streets (including Weir and Hughmount Roads) prior to recordation of the final plat. 4. Revised plans submitted for Planning Commission do not show the recommended street improvements to Hughmount Road and Weir Road. The applicant shall submit revised plans to the Planning Department with all street improvements noted/dimensioned including those improvements off-site. 5. Four -foot sidewalks along Hughmount Road and Weir Road shall be constructed (not guaranteed prior to final plat. 6. At the time of final plat application submittal, all permits and final approvals from the Arkansas Department of Health and Arkansas Department of Environmental Quality for the community septic system shall be obtained and submitted to the Planning Division. 7. The proposed streets shall be constructed in accordance with City of Fayetteville Street Standards. 8. Approval from Washington County Planning shall be obtained for this preliminary plat. Standard Conditions of Approval: 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 Westem Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 10. 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. 11. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 12. All street names and addresses shall be approved by the 911 coordinator. 13. Preliminary Plat approval shall be valid for one calendar year. Additional conditions: a. K: IReports120061PC Reports104-24-061PPL 05-2010 (Weir Road).doc May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 9 of 30 b. PPL 06-2010 Page 4 Planning Commission Action: Meeting Date: April 24, 2006 Comments: Ai Approval O Forwarded O Tabled The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K: IReports120061PC Reports104-24-061PPL 05-20/0 (Weir Road).doc May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 10 of 30 Request for Reconsideration Weir Road Development May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 11 of 30 Dear Commissioners, Our neighborhood is requesting that you reconsider the extension of the Weir Road Development by Hometown Property for the following reasons: 1. Within the last three years the developer never received final approval from Washington County Planning Dept., Thus this project never was started. 2. You will also see documentation from the State Health Dept, where the approval of the stepp system is no longer valid, the developer was to start development within 1 year from approval, and that year was up in March 2010. 3. Commissioner Hugh Earnest, was a representative for Hometown Development, and yet he did not remove himself from comment or from the vote, we feel this is conflict of interest. 4. Developer had heavy equipment on site, and was working removing trees and dirt work, and thus Ms Richey went to the site and shut them down, today all heavy equipment has been removed. 5.. Notification of Meeting - we have learned this was not in the local papers, thus we were not aware of the extension request. For the reasons listed above and the documentation I have provided in the notebook, I ask that you consider our request, and then deny the extension. Thank you for your time and your consideration. Sincerely, Sharon Green Weir Road Neighborhood 4565 W Weir Road Fayetteville, AR 72704 443-1535 home 263-1267 cell May 24, 2010 Planning Commission ADM 10-3559 Weir Road SD Agenda Item 3 Page 12 of 30