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HomeMy WebLinkAbout2010-12-13 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting December 13, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on December 13, 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: • City Plan 2030 Update Consent: 1. Approval of the minutes from the Monday, November 22, 2010 meeting. 2. ADM 10-3725: Administrative Item (Park Hill at Mountain Ranch Preliminary Plat Extension, 479): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located at the SOUTHWEST CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD. The request is for a one year extension to the approved preliminary plat, PPL 09- 3364. Planner: Dara Sanders 3. ADM 10-3708: Administrative Item (2779 Shagbark Bend, 294): Submitted by JOHN MULLINS for property located at 2779 SHAGBARK BEND, LOT 2 HICKORY PARK SUBDIVISION. The property is zoned R-PZD 04-5.00 Hickory Park and contains approximately 9,400 square feet. The request is to amend Note No. 12 on the final plat to permit separate curb cuts for Lots 1 and 2. Planner: Andrew Garner 4. ADM 10-3727: Administrative Item (Oakbrooke Phase III, 361): Submitted by Tracy Hoskins for property located within Oakbrooke III PZD. The request is to amend the phasing lines for the approved preliminary plat (PPL 10-3589). Planner: Dara Sanders 5. ADM 10-3726: Administrative Item (Modification to St. Joseph's Large Scale Development and Conditional Use Permit, 373): Submitted by H2 ENGINEERING, INC. for property at 1722 N. STARR DRIVE. The request is for a major modification to the approved large scale development and conditional use permit, LSD 10-3656 and CUP 10-3657, for additional parking spaces. Planner: Dara Sanders 6. VAC 10-3707: Vacation (SE CORNER COLLEGE & TOWNSHIP, 329): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2396 N. COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.22 acres. The request is to vacate a utility easement within the property. Planner: Dara Sanders New Business: 7. RZN 10-3712: Rezoning (1722 N. STARR DRIVE/ST. JOSEPH, 373): Submitted by KIP HEARNE H2 ENGINEERING, INC. for property located at 1722 N. STARR DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 17.73 acres. The request is to rezone the subject property to P-1, Institutional. Planner: Dara Sanders 8. CUP 10-3705: Conditional Use Permit (PORTMANN, 402): Submitted by JOSH PORTMANN for property located at 2400 W. WEDINGTON DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.86 acres. The request is for Use unit 12, Limited Business, for an insurance office, in the RSF-4 Zoning District 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 22, 2010 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: November 8, 2010 Page 3 Approved RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Page 4 Forwarded Approved Approved Unfinished Business: New Business: ADM 10-3716: Administrative Item (545 W CENTER ST): Page 7 ADM 10-3717: Administrative Item (211 N. BLOCK AVENUE): Page 8 CUP 10-3709: Conditional Use Permit (LIERLY LANE S/D/LOTS 52-56, 62): Page 9 Approved PPL 10-3694: Preliminary Plat (LIERLY LANE S/D/ LOTS 52-56, 62 244): Page 10 Approved CUP 10-3693: Conditional Use Permit (1515 BURR OAK / ARKANSAS ATHLETES OUTREACH, 287): Page 11 Approved CUP 10-3703: Conditional Use Permit (MT. COMFORT CEMETERY, 322): Page 12 Approved ADM 10-3519: Administrative Item: (UDC AMENDMENT CH. 166, DEVELOPMENT): Page 13 Forwarded December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 1 of 14 MEMBERS PRESENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Matthew Cabe Audy Lack STAFF PRESENT Andrew Garner Dara Sanders Karen Minkel Matt Casey CITY ATTORNEY Jason Kelly, Assistant City Attorney MEMBERS ABSENT Porter Winston STAFF ABSENT Jeremy Pate Jesse Fulcher Glenn Newman 5:30 PM - Planning Commission Chair Audy Lack called the meeting to order. Commissioner Lack requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 2 of 14 Consent: Approval of the minutes from the Monday, November 8, 2010 meeting. Motion: Commissioner Cabe made a motion to approve the Consent Agenda. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Commissioner Hoskins arrived. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 3 of 14 Old Business: RZN 10-3608: Rezoning (PARKER /101 EAST ALICE STREET, 213): Submitted by BLEW & ASSOCIATES, INC. for property located at 101 EAST ALICE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE, and contains approximately 0.74 acre. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Dara Sanders, Current Planner, gave the staff report and recommended denial based on the information included in the staff report. Avis Bailey, Nissan Dealership Owner, discussed the bill of assurance being offered by the applicants, the existing zoning in the area, and requested approval of the rezoning request to allow for the expansion of a parking lot on the subject property. She believes that her proposal will fit into the neighborhood really well. No public comment was received. Commissioner Chesser asked staff if the applicant's intent to expand the dealership could be approved by conditional use permit (CUP) in the Community Services (CS) zoning district. Sanders verified that the request could be approved by CUP in the CS zoning district. She explained staff's opinion that attention to screening and buffering of the proposed car dealership use for the subject property is warranted. Commissioner Chesser asked if the lim permitted in the CS zoning district. aeons ou lined in the proposed Bill of Assurance would be Sanders stated that the Bill of Assurance significantly limits the uses and development of the property, further than the uses and building height permitted in the Community Services district. Commissioner Chesser asked the Assistant City Attorney questions about the wording in the Bill of Assurance Commissioner Chesser asked if staff believes that the CS zoning district would provide a better transition into the neighborhood. Sanders stated that the reason for the rezoning request is due to the expansion of the Nissan technology to electric cars; therefore, it is highly likely that the dealership will soon outgrow the current site, allowing for redevelopment of the subject property. Staff prefers the CS zoning district because it would allow for the expansion of the dealership at this time and allow for the reuse of the property and would not limit the use of the property to only a car dealership. Commissioner Chesser stated agreement with staff, finding that the applicant's request to expand could be approved and allow for a better transition under the CS zoning district. He realizes that C-2 is surrounding but would prefer to see a better transition between the dealership and the adjacent single-family neighborhood. Commissioner Kennedy asked what happens to the land should the property ownership change hands. Jason Kelly, Assistant City Attorney, explained that the restrictions run with the land and that the new owner would request that the City Council release the property from the restrictions. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 4 of 14 Sanders added that the permitted and conditional uses in the C-2 zoning district could then operate on the subject property and may not require notification. Commissioner Earnest reiterated staff's concern with limiting the subject property to only a car dealership. Commissioner Hoskins asked staff if redevelopment of the property is anticipated in the future. Sanders stated that it is highly likely that the property will redevelop in the future. Commissioner Hoskins asked staffs opinion of the odds of a property owner of land on College Avenue of saying in the future that they want to rezone from C-2 to CS - aren't they essentially down zoning the property? Sanders stated that staff would likely recommend that the applicant rezone the property from C-2 to Urban Thoroughfare (UT), as a majority of the uses on College Avenue are consistent with the uses permitted in the UT zoning district, which is also a form -based zoning district. However, the subject property is a separate lot and could remain to be a separate lot. It could be redeveloped separately from the existing car dealership site; therefore, staff finds that the CS zoning district is more appropriate in order to serve as a better transition. Commissioner Hoskins asked the applicant if it is the intent to construct a building on the property. Bailey stated that there was not the intent to build a building and that their attorney recommended including the building limitation. Parking is the primary concern. Commissioner Hoskins has concerns with the ability of a service garage being constructed 10 feet from the property line. He asked staff if there is another zoning district that will allow for the parking of cars in the near future. He also expressed concern with the Bill of Assurance and would prefer more detail for the "masonry wall", as he would not be in favor of a cinder block wall. Bailey stated that she didn't have a cinder block wall in mind. Commissioner Hoskins stated that he has known the applicant for years and knows that she always does a good job on everything she does; however, the Bill of Assurance isn't clear. Bailey stated that she is will to change it. Kelly stated that the Commission can not negotiate changes in the Bill of Assurance. Commissioner Hoskins explained that he doesn't support the Bill of Assurance. Sanders stated that discussion of the Bill of Assurance is turning into something resembling a conditional use permit, which is one reason for staffs recommendation to review the applicant's expansion proposal through the conditional use permit process under the CS zoning district, should the property be rezoned. Regarding the different zoning districts, the City Council has determined that the suburban zoning districts, such as C-1 and C-2, are not consistent with the City's future vision and comprehensive plan, City Plan 2025. The Planning Commission and City Council recently approved three new zoning districts proposed by staff: Neighborhood Services (NS), Community Services (CS), and Urban Thoroughfare (UT). NS does not permit Use Unit 17, Transportation Trades and Services, under which a car dealership is classified, by right or conditional use. CS December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 5 of 14 will allow the expansion of the car dealership by conditional use permit. UT will allow by -right, as well as other uses that staff finds to be incompatible with the adjacent residential dwellings. Staff has met internally and with the applicant to discuss that the CS district is the most desired zoning district available in the Unified Development Code for the subject property because it is consistent with the City's land use and zoning policies and will allow for the expansion of the car dealership at this time. Commissioner Hoskins asked staff if the recommendation for C-2 rezoning district will always be for denial. Andrew Garner, Senior Planner, stated that staff will take each rezoning request into consideration and that the C-2 zoning district may be appropriate in some locations. Commissioner Earnest complimented staff on the detail in the staff report and asked if a conditional use permit could be issued for a parking lot in the existing underlying RSF-4 zoning district. Sanders stated that an off-site parking lot could be permitted in the RSF-4 zoning district by conditional use approval but would be specific only to parking cars. No business could be conducted on the property, which would be difficult to enforce. Commissioner Lack stated that he believes the neighborhood is encroaching on the commercial area adjacent to College Avenue and that the boundary could be moved. He also believes that City Plan 2025 states that we acknowledge strip development but encourage complete and compact development. He doesn't believe that City Plan 2025 says that we deny the C-2 request. He regrets that the Bill of Assurance limits the uses to only a car dealership, but that can be altered. He discussed the uses that the adjacent neighborhood doesn't want. He appreciates the applicant responding to the neighborhood's concern. He discussed the noise ordinance requirements and regulations. He supports the request. Commissioner Honchell will support the request. He believes that they've been good neighbors for 20 years and doesn't see anything in front of him that speaks volumes to noise complaints. He understands the intent of zoning. We keep talking about them changing things dramatically, but they've been here for 20 years and they probably won't be leaving tomorrow. Motion: Commissioner Cabe made a motion to deny the request. Commissioner Chesser seconded the motion. Upon roll call the motion failed with a vote of 2-6-0 with Commissioners Hoskins, Bunch, Honchell, Lack, Kennedy, and Earnest voting 'no'. Commissioner Kenney made a motion to forward the request to the City Council with a recommendation of approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 6- 2-0 with Commissioners Cabe and Chesser voting "no". December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 6 of 14 New Business: ADM 10-3716: Administrative Item (545 W CENTER ST): Submitted by David McKee for property located at 545 W. CENTER STREET. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 0.39 acres. The request is for variances from the parking and access management ordinances for a redevelopment project. Andrew Garner, Senior Planner, gave the staff report. The applicant was not present. No public comment was presented. Commissioner Cabe asked about a roll over curb. Matt Casey, Assistant City Engineer, responded that one of the reasons for the applicant's request was because they have expensive low clearance vehicles they want to have access to the garage. A roll-over curb would present problems with clearance for this type of vehicle. Commissioner Hoskins asked about the amount of greenspace proposed with this project. Garner discussed that with the exception of the proposed driveway, greenspace would be provided between the building and the street where there is currently no greenspace, as indicated on the drawings. Motion: Commissioner Chesser made a motion to approve the item. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 7 of 14 ADM 10-3717: Administrative Item (211 N. BLOCK AVENUE): Submitted by Tom and Sallie Overbey for property located at 211 N. BLOCK AVENUE. The property is zoned MSC, MAIN STREET CENTER., and contains approximately 0.38 acres. The request is for a variance from the Downtown Design Overlay District standards. Dara Sanders, Current Planner, gave the staff report, recommending approval of the variance request from the porch requirements, finding a hardship in the definition of a porch, and denial of the variance request from the fence picket orientation, finding no hardship. Sallie Overby, applicant, discussed the request and stated that the reason for the vertical picket orientation requirement is related to an outdated International Building Code prohibition of horizontal pickets. Commissioner Chesser asked staff about the International Building Code correlation. Sanders stated that she read through the minutes in the Downtown Design Overlay District project folder and cannot verify the correlation between the two requirements. She suggested that Commission Lack may know, as he served on the review committee. Commissioner Lack stated that he recalls a correlation and asked staff to read the code. Andrew Garner, Senior Planner, read the applicable section of the code. No public comment was presented. Motion: Commissioner Kennedy made a motion to approve the item with the conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-1-0, Commissioner Earnest voting 'no'. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 8 of 14 CUP 10-3709: Conditional Use Permit (LIERLY LANE S/D/LOTS 52-56, 62): Submitted by APPIAN, INC. for property located at LIERLY LANE S/D, LOTS 52-56 & 62. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.17 acres. The request is to create two tandem lots with the replat. Dara Sanders, Curent Planner, gave the staff report. Evan Neihaus, representative, discussed the background of the project and offered to answer any questions. No public comment was presented. Motion: Commissioner Cabe made a motion to approve the item with the conditions as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion to approve passed with a vote of 8-0-0 December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 9 of 14 PPL 10-3694: Preliminary Plat (LIERLY LANE S/D/ LOTS 52-56, 62 244): Submitted by TTO, LLC for property located at LIERLY LANE S/D, LOTS 52-56 & 62. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.17 acres. The request is to replat lots 52-55 and 62 of the Lierly Lane Subdivision to adjust existing property lines and to create five (5) new lots. Dara Sanders, Curent Planner, gave the staff report. Evan Neihaus, representative, discussed the background of the project and offered to answer any questions. No public comment was presented. Motion: Commissioner Chesser made a motion to approve the item with the conditions as recommended by staff. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 10 of 14 CUP 10-3693: Conditional Use Permit (1515 BURR OAK / ARKANSAS ATHLETES OUTREACH, 287): Submitted by KIP HEARNE H2 ENGINEERING, INC. for property located at 1515 BURR OAK DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 4.33 acres. The request is for continued and expanded Use Unit 4, Cultural and Recreational Facilities for the Arkansas Athletes Outreach organization at this location. LSD 10-3692: Large Scale Development (1515 BURR OAK DR. / ARKANSAS ATHLETES OUTREACH, 287): Submitted by KIP HEARNE H2 ENGINEERING, INC. for property located at 1515 BURR OAK DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 4.33 acres. The request is for an expansion of the existing facility with associated parking. Andrew Garner, Senior Planner, gave the staff report for both CUP 10-3693 and LSD 10-3692 Arkansas Athletes Outreach. He recommended an amendment to condition of approval No.4 for CUP 10-3693 to read as follows: Condition of Approval No. 4 "Planning Commission determination of a landscape variance to permit the existing parking lot to remain within five feet of the western property line and to permit the new parking lot all the way to the property line as proposed on the submitted drawings. Staff recommends in favor of this variance with the condition that written permission be provided by the adjacent property owner prior to construction permits to allow the landscaping and parking lot as indicated on the submitted drawings. " Brad Friess, applicant, described the Arkansas Athletes Outreach facility and work. He described the proposed project to centralize the training facilities all under one roof. He discussed that the facility will be used for sports practices and training. He also discussed that they hope to bring in events such as sports tournaments from out of town. No public comment was presented. Motion for CUP 10-3693: Commissioner Cabe made a motion to approve CUP 10-3693 with the conditions as recommended by staff, including the modification to condition of approval No. 4 to approve the variance for the parking lot within five feet of the western property line as stated by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion for LSD 10-3692: Commissioner Chesser made a motion to approve LSD 10-3692 with the conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 11 of 14 CUP 10-3703: Conditional Use Permit (MT. COMFORT CEMETERY, 322): Submitted by the MT. COMFORT CEMETERY ASSOCIATION for property located at THE NW CORNER OF MT. COMFORT ROAD AND RUPPLE ROAD. The property is zoned RSF-1, SINGLE FAMILY - 1 UNIT/ACRE and contains approximately 12.55 acres. The request is for a conditional use permit to allow for the expansion of the existing cemetery. Andrew Garner, Senior Planner, gave the staff report. Tony Hardin, applicant, discussed the background and request for the cemetery addition. No public comment was presented. Commission Chesser asked about building on the property line. Garner discussed that if the building is built across the proepty lines then the parcels are considered to be combined for permitting purposes and the interior building setback lines are considered to be removed. expressed Motion: Commissioner Cabe made a motion to approve the item. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 12 of 14 Planning Commission November 22, 2010 Page 13 of 13 ADM 10-3519: Administrative Item: (UDC AMENDMENT CH. 166, DEVELOPMENT): Submitted by CITY STAFF, the request is to amend Chapter 166, Development, Section 166.04 (B)(3)(c)(iii)., to require the installation and maintenance of private street signs at time of development. Karen Minkel, Strategic Planning and Internal Consulting Director, gave the staff report. No public comment was presented. Commissioner Hoskins asked whether the ordinance would apply to private alleys, pointing out that alleys were being encouraged by City Plan 2030 and signage could get expensive if required. Minkel clarified that the ordinance states "where a structure is addressed on a private street or drive." The main purpose was to enable emergency responders to locate the street. Typically, a structure would not be addressed off an alley, which means the signage requirement would not apply to the alleys. Commissioner Hoskins thought the wording of the ordinance could make this more clear. Commissioner Chesser, Commissioner Lack, Kelly and Garner offered wording alternatives for consideration. Commissioner Hoskins stated that he wanted the record to reflect that the ordinance was not intended to apply to private alleys. Motion: Commissioner Cabe made a motion to forward the item to the City Council with a recommendation for approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8- 0-0. There being no further business, the meeting was adjourned at 7:00 PM. December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 13 of 14 December 13, 2010 Planning Commission PC Minutes 11-22-10 Agenda Item 1 Page 14 of 14 Wttevllle ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of December 13, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: December 8, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-3725: Administrative Item (Park Hill at Mountain Ranch Preliminary Plat Extension, 479): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located at the SOUTHWEST CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD. The request is for a one year extension to the approved preliminary plat, PPL 09-3364. Planner: Dara Sanders BACKGROUND Property: The property contains approximately 3.22 acres and is located in the Mountain Ranch Phase 1 Subdivision at the southwest comer of Persimmon Street and Mountain Ranch Boulevard. Surrounding Land Use and Zoning: Direction Land Use Zoning North Vacant R -A, Residential Agricultural, C-PZD (Forest Hills) South Vacant RSF-4, Residential Single Family, 4 units/acre East Mountain Ranch Apartments RMF -24, Residential Multi -Family, 24 units/acre West Vacant RSF-4, Residential Single Family, 4 units/acre Background: In June of 2009 the City Council approved R-PZD 09-3364 (Park Hill) for 13 single-family lots access by a rear alley and 1 undevelopable lot for a park area. In August of 2009, the Planning Commission approved a preliminary plat application (PPL 09-3364) to create the lots and install all required infrastructure. Chapter 166.20, Expiration of Approved Plans and Permits, requires that all necessary construction permits be obtained within one year of Preliminary Plat approval. Proposal: The applicant requests a one-year extension for the approval of PPL 09-3364 to expire on August 10, 2011. The applicant indicated that the reason for the extension is due to economic conditions. The Planning Division received the applicant's extension request on November 18, 2010, within the required 18 month time limit. Should this extension be granted, construction permits for all infrastructure within the development must be obtained before the one-year extended deadline. RECOMMENDATION Staff recommends approval of ADM 10-3725, the requested extension to PPL 09-3364 (Park G:\ETC\Development Services Review \2010\Development Review\1 0-3666 ADM Markham Hills Coc�rg�5�t�3R�J\03 Planning Commission\09-27-10\Comments and Redlines HingCommission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 1 of 10 Hill at Mountain Ranch), with the following conditions: 1. The applicant shall be allowed until August 10, 2011 to obtain all construction permits for the Park Hill preliminary plat. 2. All other conditions of approval PPL 09-3364 (Park Hill) shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(3) gives the Planning Commission authority to extend approval of a planned zoning district one additional year within 18 months of the original approval. In order to extend this approval, the applicant must: (1) request the extension prior to the 18 month 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 November 18, 2010 prior to the 18 month time limit ending on February 10, 2011. (2) The applicant has stated that the slow real estate market has delayed this project and additional time is needed before beginning construction. PLANNING COMMISSION ACTION: ❑ Approved Motion: Second: Vote: Date: December 13, 2010 9 Denied ❑ Tabled G:\ETC\Development Services Review\2010\Development Review\10-3666 ADM Markham Hills CoRSetiknial'n\03 Planning Commission\09-27-10\Comments and Redlines Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 2 of 10 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 ' FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 Attn: Dara Sanders Re: Parkhill @ Mountain Ranch PZD Dear Dara; Please accept this correspondence that the owner would like to request an extension to the PZD for the Parkhill @ Mountain Ranch, 478, and if necessary the Preliminary Plat 09-3364. As you know, the economic conditions have not been favorable, however there is a very strong possibility that this project will start in early 2011 (we understand that a construction permit must be obtained by 8/10/11). Thanks for your time. Sincerely; Blake E. Jorgensen, P.E. LGO /�O✓.vj tL4 iC%/•✓en',/007,4 a — Owner ' PUBLIC WORKS' LAND DEVELOPMENT ` WATER SYSTEMS • WASLEWATER SYSTEMS' LAND SURVEYING' � December��13, 20101 gS AL'AlidmiMfaOrlak�liII at Mtn Ranch Agenda Item 2 Page 3 of 10 ART eevlle PC Meeting of August 10, 2009 THE CITY OF FAYETfEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer T11RU: Jeremy Pate, Director of Current Planning DATE: August 3, 2009 125 W. Mouutnin St, Faycuevil le AR 72701 Telephoner 14719) 575-8767 PPL 09-3364: (PARK HILL R-PZD, 478): Submitted by JORGENSEN & ASSOC for property located at SW CORNER OF PERSIMMON & MOUNTAIN RANCH BLVD. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 3.22 acres. The request is for preliminary plat approval of a residential subdivision with14 lots; 13 single family Tots and 1 lot of ?leen space. Planner: Dara Sanders Findings: The property contains approximately 3.22 acres and located in the Mountain Ranch Phase 1 Subdivision at the southwest corner of Persimmon Street and Mountain Ranch Boulevard. A majority of the single-family lots in the subdivision have been purchased but are cun-ently undeveloped. Directly behind the subject lots are single-family lots; directly in front of the subject lots, across Mountain Ranch Boulevard, are 4 -story apartment buildings. Other developments in the arca include the Rupple Row Subdivision, Cross Keys, the Boys and Girls Club, and Owl Creek School. Table 1 Surrounding Land Use and Zunin Direction Land Use Zoning North Vacant Vacant R -A, Residential Agricultural, C-PZD (Forest Hills) RSF-4, Residential Single Family, 4 units/acre South East Mountain Ranch Apartments RMF -24, Residential Multi -Family, 24 units/acre West Vacant RSF-4, Residential Single Family, 4 units/acre Background: In December 2008, the applicant submitted a rezoning request (RZN 08-3180) to the Planning Division to rezone a portion of the subject property from RSF-4, Residential Single-family, 4 units/acre to RT -12, Residential Two- and Three-family in order to transition from the 4 -story, multi -family development (Mountain Ranch Apartments) to the east to the low-density, single-family development to the west of the subject property. On January 26, 2009, the Planning Commission denied the applicant's request, finding that the rezoning request was not warranted. K: RLpniu 2004 PC Rrpnrrr 6v-diigti.sr 10P!'L 09-3364 (Ynrh Jlt1lJ.ilnr December 13, 2010 Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 4 of 10 On April 27. 2009, the Planning Commission considered a revised request for R-PZD approval for the subject property to include 13 single-family lots and 1 undevelopable lot for a park area. The Commission voted 7-0-0 to forward the request to the City Council with a recommendation of approval. On June 2, 2009, the City Council approved the request and the property was officially rezoned to R-PZD. Proposal: The applicant requests preliminary plat approval to create a 13 -lot single-family subdivision. Included in this application is a request to adjust the rear property lines of Lots 87 — 90 of the Mountain Ranch Phase 1 Subdivision located to the west of the subject property in order to create the proposed boundary for the Park Hill Subdivision. Water and Sewer System: Water and sewer lines shall be extended to serve the development. The applicant shall obtain City Council approval to vacate and relocate a portion of an existing utility easement, shown on the attached map, prior to a request for final plat approval. Adjacent Master Street Plan Streets: Persimmon Street (Collector Street), Mountain Ranch Boulevard (Collector Street), and Providence Drive (Local Street). Access and connectivity: Access to the single-family dwellings is provided by a rear alley accessed from Persimmon Street and Providence Drive. The proposal presented to the Planning Commission for R-PZD approval did not include the proposed access from Persimmon Street; instead, a one-way driveway off of Mountain Ranch Boulevard and a two-way driveway from Providence Drive were proposed for safety and access management purposes. However, upon recommendation by the Planning Commission and the City Council, the applicant now proposes to remove the one-way access drive from Mountain Ranch and to include a two-way access drive from Persimmon between Lots 1 and 2 connecting to Providence. Finding that the previous lot configuration containing five single-family parcels under the RSF-4 zoning district would have allowed for at least five (5) driveways, staff is in favor of the proposed access. Right-of-way to be dedicated: All adjacent streets have been improved and meet the Master Street Plan right-of-way requirements. The applicant shall dedicate a minimum of 20 feet of right-of-way for the proposed public alley, as shown on the submitted plat. Street Improvements: All adjacent public streets have been improved. Additional street improvements are not recommended at this time; however, the proposed public alley shall be improved to City Standards to include a minimum of 16 feet of pavement prior to final plat. Tree Preservation: Existing Canopy: 0% Preserved Canopy: 0% Required Canopy: 0% Public Comment: Staff has not received public comment regarding this preliminary plat request. Recommendation: Staff recommends approval of PPL 09-3364 with the following conditions of approval: K Reports 2009 PC Repor,s IR -August 10 PPG 09-3364 (Park Hill) doc December 13, 2010 I Planning Commission i ADM10-3725 Park Hill at Mtn Ranch i Agenda Item 2 Page 5 of 10 Conditions of Approval: 1. Planning Commission determination of access. For the reasons .stated within the staff report, staff recommends in favor of the access as indicated with the condition that no curb cuts shall be permitted onto adjacent streets. THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE ACCESS DRIVE FROM PERSIMMON. 2. The proposed public alley shall comply with the City's design standards to include a minimum of 16 feet of pavement and a minimum of 20 feet of platted right-of-way. 3. Water and sewer lines shall be extended to serve the development. The applicant shall obtain City Council approval to vacate and relocate a portion of an existing utility easement, shown on the attached map, prior to a request for final plat approval. 4. Parkland dedication. The Parks and Recreation Advisory Board reviewed this project at the June 1, 2009 meeting and recommended accepting $7,680 in lieu of land to meet the Park Land Dedication requirements. 5. Street lights shall be installed at all intersections and with a maximum separation of 300 feet and at every intersection in accordance with City ordinance prior to signing the final plat. 6. Prior to building permit architectural elevations of the proposed homes shall be submitted for review in compliance with the conceptual PZD elevations. 7. This subdivision is subject to all requirements and conditions of the Park Hill R-PZD 09- 3253. 8. In accordance with Chapter 172.11(A)(2), all driveways shall extend at least 18 feet into the property in order to prevent obstruction of the proposed public alley. 9. Because the preliminary plat request includes Lots 87-90 of the Mountain Ranch Phase I Subdivision, all property owners on record included in the project boundary at the time of final plat request shall sign the final plat application. Standard Conditions of Approval: 10. All signage shall be reviewed and approved by the Planning Department prior to installation. Freestanding signage is not permitted within utility easements, unless otherwise approved by all utility companies. 11. All street names and addresses shall be approved by the 911 coordinator. 12. 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). K:,Reports 2009iPC Reports IN -.August 10 PPL 09-3364 (Park Hill).doc December 13, 2010 Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 6 of 10 13. 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. 14. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 15. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 16. Preliminary Plat approval shall be valid for one calendar year. Planning Commission Action: Motion: Winston Second: Cabe Vote: 6-0-0 Meeting Date: August 10, 2009 ❑ Denied X Approved ❑ Tabled K:IReports120091PC Report0I8-August 101PPL 09-3364 (Park Hi(Q.doc December 13, 2010 Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 7 of 10 ADM 10-3725 Close Up View PARK HILL AT MTN RANCH EXTENSION 0 P-1 R•A HPZD •...uu..n.•iiu..n••.,u...... .. •.. n.u.•..nn•rnuur. r.n uu.• POWDERRORN DR O �O �NOFO R MOUNTAIN VIEW DR f • -. - . .r oi 14 ii•••• r.... I. si ra- BOWLING GREEN PL Legend ADM10-3725 Muti-Use Trail (Existing) RSF-8 Future Trails RSF-4 RMF•24 RSF-2 ItlFootprints 2010 Hillside -Hilltop Overlay District 1111-1, Design Overlay District Design Overlay District Planning Area 0 125 250 Fayetteville 500 750 1,000 Feet December 13, 2010 -Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 8 of 10 ADM10-3725 One Mile View PARK HILL AT MTN RANCH EXTENSION • NI.1-1I1014Y1R;. a CO RA 11-0 RA Rap RT - 1 YALE ST i...4 A FLM -24 rata.: RPZO % R-1. pw-'4 C . VJis.BAR ST 1 vI SHALE ST filg Rry:µ '\ 4rYIC 3 X1d RSF-1 t CHEVAl1X-'•,Q4'Y 11 ▪ •IG'! RBP-4 M 3, P&mN W RMIF6 NDR RSF-4 RRF4 ALLEY DR ' i. �� SUBJECT PROPERTY RRFi 1 C PPM • RMF -24S 7 kPm O r� w - pry o ; RPm R Rano a $c ka ..y 2 • FAGSTICKDR >} S� > 1w{1 • RPM J yyQO � P kPZO S Y Fw WEDGE DRRP2p �i kSFsPA R3F4L3Ra 1e r1. 1 R -A REFI nt. RSF-4 • Ref -a ORA DR R3F-I Ma- al REFI ST 4 INSMOR@ STONE ST m P-1 Overview Legend Subject Property ADM10-3725 Boundary ADN 10-3725 Ell Design Overlay District 'Planning Area 1 ' Fayetteville 0 0.25 0.5 1 Miles De^-...ber 13, 2010 Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 9 of 10 December 13, 2010 Planning Commission ADM10-3725 Park Hill at Mtn Ranch Agenda Item 2 Page 10 of 10 aeM1e Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of December 13, 2010 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: December 7, 2010 ADM 10-3708: Administrative Item (2779 Shagbark Bend, 294): Submitted by JOHN MULLINS for property located at 2779 SHAGBARK BEND, LOT 2 HICKORY PARK SUBDIVISION. The property is zoned R-PZD 04-5.00 Hickory Park and contains approximately 9,400 square feet. The request is to amend Note No. 12 on the final plat to permit separate curb cuts for Lots 1 and 2. Planner: Andrew Garner BACKGROUND Property: The subject property is within the Hickory Park Subdivision which is located on the west side of Crossover Road (State Highway 265), approximately 400 feet north of Township Street. The subject property is addressed at 2779 Shagbark Bend, lot 2 Hickory Park Subdivision, and contains approximately 9,400 square feet. The property is surrounded by undeveloped single family lots to the north, east, and west, and a church to the south. The surrounding zoning and land use is depicted in Table 1. Table 1 Surrounding Land Use and Zoning: Direction Land Use Zoning North, East, West Undeveloped single family lots (Hickory Park Subdivision) R-PZD South St. John Lutheran Church P-1 Background: On August 11, 2005 the Fayetteville Subdivision Committee approved the final plat for the Hickory Park Subdivision (FPL 05-1618). The final plat was filed of record on September 1, 2005. Note No. 12 on the Final Plat required a shared driveway between lots 1 and 2. Proposal: The applicant requests a modification to note No. 12 of the approved final plat (FPL 05- 1618) in order to allow lots 1 and 2 in the Hickory Park Subdivision to have separate curb cuts. The applicant is the owner of lot 2, 2779 Shagbark Bend, and is in the process of obtaining a building permit for the construction of a new home. Upon the applicant's review of the site and the covenants of the subdivision, the applicant has discussed that a driveway for a home on this lot is more appropriate along the western side of the lot. DISCUSSION The City's Access Management ordinance (UDC Section 166.08) was adopted after the approval of the subject final plat. This ordinance would permit separate curb cuts for lots 1 and 2 of the Hickory Park Subdivision, as proposed by the applicant. Shagbark Bend is a short, narrow residential street G:\ETC\Development Services Review\2010\Development Review\10-3708 2779 Shagbark Bend Mullins \03 DSeriter 13, 2010 Commission \12-13-10\Comments and Redlines Planning Commission ADM10-3708 2779 Shagbark Agenda Item 3 Page 1 of 10 providing access for a limited number of residences. The applicant's request to allow for separate driveways for lots 1 and 2 is a reasonable request and will not result in traffic safety or access problems, in staffs opinion. RECOMMENDATION Staff recommends approval of ADM 10-3708, the requested modification to note No. 12 on FPL 05- 1618 (Hickory Park Subdivision), to allow lots 1 and 2 to have separate driveways with the following condition: 1. Approval of this administrative item does not grant approval of the site plan or driveway design for a building permit. The design of the driveway and site shall be reviewed at the time of building permit for compliance with all applicable Unified Development Code regulations. PLANNING COMMISSION ACTION: ❑ Approved Motion: Second: Vote: Meeting Date: December 13, 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:\ETC\Development Services Review\2010\Development Review\10-3708 2779 Shagbark Bend Mullins\03 DbicettOpr 13, 2010 Commission \12-13-10\Comments and Redlines Planning Commission ADM10-3708 2779 Shagbark Agenda Item 3 Page 2 of 10 To whom it may concern: My request is to relocate the driveway entrance on Lot 2 Hickory Park more commonly know as 2779 Shagbark Fayetteville, AR 72703. Right now the plat shows a plan for a shared driveway between lots 1 and 2. Lot 2 is a very narrow lot roughly 72 ft in width, The way the lot is set up now would have a rear load garage per the HOA which would leave you hardly any width on the lot to build a home and also would leave you nothing but a back yard full of concrete. Our plan is to relocate the driveway to the West side of the lot and then the HOA would allow us to have a front load garage which would allow the home to be in all setbacks, have a backyard, and comply with the rest of the neighborhood conditions. Sincerely, C John Mullins December 13, 2010 Planning Commission ADM10-3708 2779 Shagbark Agenda Item 3 Page 3 of 10 Scale: 1" = 20 1 \STREET OENTERLIN LE 2779 SHAGBARK PBEND ND 6REEk5PA PLOT PLAN •b '0 Setbacks: Front: 15' Rear: 30' Side: 8' Hickory Park Subd. Fayetteville, AR Jon grittoymqonst. Novisrc m 40 ADM10-3708 2779 Shagbark Agenda Item 3 Page 4 of 10