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Home My WebLink About2011-01-10 - 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 January 10, 2011 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on January 10, 2011 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 Working Session: Future Land Use Plan Consent: 1. Approval of the minutes from the December 13th and 20th, 2010 meetings. Planner: Jesse Fulcher 2. CCP 10-3719: Concurrent Plat (FORREST HILLS, 440): Submitted by MORRISON- SHIPLEY ENGINEERS, INC for property located at the SOUTHWEST CORNER OF NORTH WEDINGTON DRIVE AND SALEM STREET. The property is zoned C-PZD 07-2793 and contains approximately 8.57 acres. The request is to subdivide the property into five commercial lots. Planner: Dara Sanders 3. ADM 11-3745: Administrative Item (PARK CENTRE LANDSCAPE VARIANCE, 136): Submitted by H2 ENGINEERING, INC. for property located at the northeast corner of Zion Road and the Veterans Park entry drive and contains approximately 8.58 acres. The request is for a variance of the landscape regulations for street tree plantings. Planner: Andrew Garner New Business: 4. ADM 10-3742: Administrative Item (705 W. DOUGLAS ST./COURTS AT WHITHAM, 444): Submitted by Robert Sharp for property located at 705 West Douglas Street. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and contains approximately 1.42 acres. The request is for a variance to permit parking spaces in the build -to zone, for a variance to permit gravel parking spaces, and to modify the approved condition of approval for LSD 07-2454 Courts at Whitham requiring replacement of existing sidewalk along Whitham Avenue. Planner: Andrew Garner 5. CUP 10-3711: Conditional Use Permit (2920 W. MLK BLVD. /GENO'S PIZZA, 558): Submitted by JIMMY RAPERT for property located at 2920 W MARTIN LUTHER KING BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.34 acres. The request is for shared parking. Planner: Andrew Garner 6. RZN 10-3724: Rezoning (BOUDREAUX (THIEL), 368): Submitted by BRENDA BOUDREAUX (THIEL) for property located at 120 AND 124 SYCAMORE STREET. The property is zoned R -O, RESIDENTIAL -OFFICE and contains approximately 1.28 acres. The request is to rezone the subject property to CS, Community Services. Planner: Dara Sanders 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. ayei Sic ARKANSAS THE CITY OF FAYETTEVILLL. ARKANSAS PC Meeting of January 10, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: January 3, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CCP 10-3719: Concurrent Plat (FORREST HILLS, 440): Submitted by MORRISON- SHIPLEY ENGINEERS, INC for property located at the SOUTHWEST CORNER OF NORTH WEDINGTON DRIVE AND SALEM STREET. The property is zoned C-PZD 07-2793 and contains approximately 8.57 acres. The request is to subdivide the property into five commercial lots. Planner: Dara Sanders Findings: Property Description: The subject property is part of the Forest Hills Residential Planned Zoning District (R-PZD 07-2793), which was approved by the City Council in May of 2008. Salem Road was recently constructed through .the Forest Hills project boundary between Persimmon Street and Wedington Drive. Surrounding zoning and land use is depicted on Table 1. Table 1 Surroundinz Land Use and Zonin Direction from Site Land Use Zoning North The Shoppes at Wedington C-1 South Undeveloped R-PZD (Forest Hills) East Undeveloped R-PZD (Forest Hills) West Ozarks Electric R -A Request: The applicant requests concurrent plat approval to subdivide the tract into five (5) commercial lots with access from Wedington Drive and Salem Road and with two internal private Streets, Black Forest Drive and Jewell Road.. Water and Sewer System: All utility lines, including water and sewer mains have been installed to serve the property. Adjacent Master Street Plan Streets Wedington Drive (Principal Arterial) and Salem Road (Collector). Right-of-way to be dedicated. Sufficient right-of-way exists. Additional right-of-way dedication G- IETCIDevelopment Services Review120101Development Review110-3719 CCP Forest Hills Lot P03 Planning Commissionl0l-10-1I1Comnents and Redlines1/0-3719 PLNG Comments. doc January 10, 2011 Planning Commission CCP10-3719 Forrest Hills Agenda Item 2 Page 1 of 6 is not required at this time. Street Improvements: Wedington Drive and Salem Road are constructed to current street standards. No additional improvements are required at this time. Public Comment: No public comment has been received. Recommendation: Staff recommends approval of CCP 10-3719 with the following conditions of approval: Conditions of Approval: I . All conditions of approval associated with R-PZD 07-2793 shall apply. 2. The Urban Forester's comments included herein shall apply. 3. The plat shall be revised to remove the notary public signature block and the park land dedication signature block. Standard Condition of Approval: 4. Concurrent Plat approval shall be valid for one calendar year. 5. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 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). Planning Commission Action: Motion: Second: Vote: Meeting Date: January 10, 2011 ❑ Denied ❑ Approved ❑ Tabled G:. E"CCIDevelopment Services Reviev120101Development Review110-3719 CCP Forest Hills Lot 1103 Planning Commissionl0l-10-1 f (Comments and Redlines10-3719 PLNG Comments.doc January 10, 2011 Planning Commission CCP10-3719 Forrest Hills Agenda Item 2 Page 2 of 6 a�ve..evi�e ARKANSAS .accessfayeffeville.drg.: THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 14555 Nappy Hollow Rd Fayetteville, AR 727m P(4791441-3471 F (479)521-7714 TREE PRESERVATION AND PROTECTION — Chapter 167 LANDSCAPE REQUIREMENTS — Chapter 177 Dev)ce for the Deaf) (479) 521-1316. N FORESTRY To: Fayetteville Subdivision Committee CC: Dara Sanders, Current Planner From: Greg Howe, Urban Forester/Landscape Administrator Date: December 21, 2010 Subject: CCP 10-3719: Forest Hills Subdivision Review Comments VISION TREE PRESEVATION AND PROTECTION PLAN COMMENTS: 1. Easement plats will be required with each individual lot with future development. 2. Prior to signature of future plats tree preservation requirements will need to be met and any tree preservation included on future plats. LANDSCAPE REQUIREMENTS PLAN COMMENTS: 1. Easement plats will be required with each individual lot with future development. 2. Prior to signature of these future plats any required landscaping will need to be approved, estimates turned in and performance bonds in place or other as required by chapter 167. January 10, 2011 Planning Commission CCP10-3719 Forrest Hills Agenda Item 2 Page 3 of 6 MORRISON SHIPLEY ENGINEERS • SURVEYORS December 2, 2010 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Attn: Planning Division Re: Intent of Concurrent Plat for Lot 1, Forest Hills Dear Commissioners, Per The City of Fayetteville's Concurrent Plat application, this letter is hereby being submitted as the "correspondence in the form of a written letter to Planning Staff describing the scope, nature and intent of the proposal". A Concurrent Plat is being submitted for your review to divide Lot 1 into 5 smaller lots ranging in size from 1.05 acres to 2.81 acres. The infrastructure improvements were constructed with the public improvements of Forest Hills which were completed and accepted by the City of Fayetteville in November, 2010. Each newly created lot has access and access to water and sewer. Lot 1 falls within the commercial portion of the Planned Zoning Development. A Large Scale Development Plan for a multi -tenant building on Lot 10 will follow the approval of the Concurrent Plat. If you have any questions or need additional information, please do not hesitate to contact me at (479)273-2209. Sincerely, Morrison -Shipley Engineers, Inc. Ofilay Heather M. Robason, E. Project Manger rQ2011 2407 s.Pm st�ggnstreet Bf ee€tI?s712 479.273.220 ge g��29.273.2553 I'I Pagaatntionshipley.com CCP10-3719 FORREST HILLS Close Up View •COL 00 \‘1".•N//1 OR TELooDE D/i RSF4 ;9 LAYER IN A El MICA ST 0 II 0 a 0 CHEVAIUX ne SUBJECT PROPERTY { f Pn ,3 C•2 • ' PUBLIC two / RA end CCP1 p,3719 - Muti-Use Trail (Existing) ..- •••• Future Trails - r �.A BLACK FOREST DR• j • • rii z • R -A RPZp ••• i SO3 ROCKPORo DR CREE'1- 0 • UP %Footprints 2010 Hillside -Hilltop Overlay District i� —1 Design Overlay District Design Overlay Di Strict Planning Area Fayetteville o 200 400 B00 1.200 1000 Feet January 10, 2011 Planning Commission CCP10-3719 Forrest Hills Agenda Item 2 Page 5 of 6 CCP10-3719 One Mile View FORREST HILLS ST Rani RNF4 SUBJECT PROPERTY DR J..seia. LALLEY 0 IRSF r�u f RBP. z▪ zr �� P1 Frio k 700 RPzo 0 RSF-4 rnf FLAGSTICK DR)- 1 OccRP ZD y' . Ill RPm e0 w w J RPMa 4 t WEDGE DRRPzp GG7 b1AADN..., _.--- R-0 Rif RPZD SiFt ON V1F RcidF MOVRsra asr-r RBFJ dp, FSFt.LG� r8�ia' "RO`1�PReF-a _. Overview •4 .7m I, -I, 7...1j -wart'' ff1. lt I..'.iyr L. Lr' 4 A N. Legend Subject Property CCP10-3719 Boundary 0.25 0.5 CCF10-3719 E.11 _! Desi;n Overlay District Planting Area I E Fayetteville 1 Miles lan„a.y Irl 9(111 Planning Commission CCP10-3719 Forrest Hills Agenda Item 2 Page 6 of 6 ' .leville Anl( A NSA5 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of January 10, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Subdivision Committee FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: January 6, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3745: Administrative Item (PARK CENTRE LANDSCAPE VARIANCE, 136): Submitted by H2 ENGINEERING, INC. for property located at the northeast corner of Zion Road and the Veterans Park entry drive and contains approximately 8.58 acres. The request is for a variance of the landscape regulations for street tree plantings. Planner: Andrew Garner Findings: Background and property description: The subject property is located at the northeast corner of Zion Road and the Veterans Park entry drive and contains approximately 8.58 acres. A commercial planned Zoning District (C-PZD 08-2894 Park Centre) was approved by the City May 6, 2008 for approximately 100,000 square feet of office retail and restaurant space. The project is in the process of being constructed. Proposal: Fayetteville Unified Development Code (UDC) Chapter 177.05(B)(3) requires that certain planting details be following when planting street trees in urban tree wells. Specifically, trees planted in urban tree wells are required to be planted in structural soil. There are seven trees shown to be located within the public sidewalk in urban tree wells on the west side of Vantage Drive through Park Centre. The sidewalks and tree wells have been installed without structural soil. The applicant requests a variance to permit the trees to be planted in regular soil, with the condition that the property owner, not the City, will maintain these trees within the public right- of-way. A landscape plan indicating the subject seven trees and the letter request from the applicant is attached. Discussion: Staff recommends in favor of the request with the requirement that the applicant maintain the trees. A memo has been provided by the Urban Forester and is attached to this report. Recommendation: Staff recommends approval of ADM 11-3745 with the following condition of approval: 1. Planning Commission determination of a variance of UDC Section 177.05(B)(3) requiring street trees to be planted in structural soil. Staff recommends in favor of the request with the following condition: a. The property owner shall maintain the seven subject trees. To accomplish that the C:IETCIDevelopinenl Services Review120111Development Reviewll I-3745 ADM Park Cenfre103 Planning Con and Redlines January 10, 2011 sion 101-10-2Ar mission ADM11-3745 Park Centre Agenda Item 3 Page 1 of 8 applicant must submit a 10 year maintenance plan to the Urban Forester for review and approval and the following language must be on a new easement plat or other legal document to be recorded with the County Clerk's office: "Urban Streetscape The Urban Streetscape consisting of seven (7) trees in tree wells along (street name) as shown on this easement plat constitutes a maintenance covenant running with the title of the subject property. The area is to be managed and maintained by the property owner according to American National Standards (ANSI) A300 Tree and Shrub Maintenance Standards. Any tree removal requires tree replacement per Chapter 177 Landscape Requirements. Approved by: Date: City of Fayetteville Urban Forester Planning Commission Action: Motion: Second: Meeting Date: January 11, 2011 Vote: ❑ Approved ❑ Denied ❑ Tabled G:IETCIDevelopnent Services Review120111Developmeni Review111-3745 ADM Park Centre103 Planning Commission101-10-2 ,,exn hts011 Idr and Redlines anning ommission ADM11-3745 Park Centre Agenda Item 3 Page 2 of 8 Fayetteville Unified Development Code 177.05 Street Tree Planting Standards (3) Optional Street Tree Planting Plan for Urban Streetscapes. The Street Tree Planting Plans of subsections (1) and (2) may be replaced by an urban streetscape including sidewalks at least eight feet wide from curb to building. At the time of developmental submittal, the proposed urban streetscape shall include a street tree planting plan in compliance with the following requirements: (a) A minimum of one (1) two-inch caliper, large species tree per 30 linear feet of street frontage or every 10 parking spaces, whichever provides the most trees, shall be planted with this option. (b) Location of trees shall be approved by the Urban Forester to ensure that adequate spacing, access and visibility are maintained. The spacing of trees may be varied with approval of the Urban Forester. (c) Trees shall be planted within urban tree wells. The minimum width of an urban tree welt shall be three feet (3'); the minimum area shall be 15 square feet. This option is only permitted to allow trees planted within wide sidewalks, in a downtown/urban fashion. Size and shape of urban tree well shall be approved by the Urban Forester. (d) Tree wells shall be covered with eithera tree grate or some form of permeable pavers; (block or stone), to be approved by the Urban Forester. (.e)Structural soil or similar treatment shall be utilized with this option (see Landscape Manual for specifications) (f) Street tree planting plans utilizing this option shall follow the construction procedures and details as outlined in the Landscape' Manual. G: I E'i'CI Development Services Revieu1211i i I Development ReviewU 1-3743 ADW Park Cantre103 Planning L'ormisrinn101-1O-2YAh15ebni fliltt011 and Redlines Planning Commission ADM11-3745 Park Centre Agenda Item 3 Page 3 of 8 Wttvt1e THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DEPARTMENT 113 West Mountain Fayetteville, AR 72701 P (479)444-3471 F (479) 521-7714 / ARKANSAS www.Iaccessfayetteville.org;: e. LANDSCAPING REQUIREMENTS — Chapter 177 To: H2 Enginerring CC: Andrew Garner, Senior Planner From: Greg Howe, Urban Forester/Landscape Administrator Date: January 5, 2011 Subject: C-PZD 08-2894: Park Centre Administrative Appeal — Urban Streetscape, 177.05(3)(d & e) APPEAL RECOMMENDATION: Approve The Planning Commission approved development landscape plan for the Park Centre project contained two errors in the planting detail concerning urban streetscape trees. These errors was not noticed by reviewing City staff at the time of approval. According to section 177.05 (3) (d) the tree well shall be covered with a tree grate or some form of permeable paver. The plan did not call out any grate or paver. In part e of section 3 structural soil or similar treatment shall be utilized with the urban streetscape option. The detail on the plan did not contain the specifications for structural soil or the space requirements as outlined in the Landscape Manual. Due to the financial hardship on the applicant for the additional costs to meet the city requirement for grates and structural soil the applicant has applied for a variance to the landscape code. It is the Urban Forester's professional opinion that trees planted by the approved plans detail will not flourish over the long term and be beneficial street trees to the community. The lack of soil volume for roots and limited nutrients available to the trees creates a situation were the trees will have a high probability of failure. They will need to be replaced more often and require more maintenance over their lifetime. As these will be street trees in the public street rights-of-way these trees will become infrastructure for the City and the burden of maintenance and removal/replacements will fall to the tax paying citizens. To gain approval of this appeal the applicant has offered to be responsible for the seven (7) trees in question, therefore a condition of approval for this appeal will to have the property owner maintain the trees. To accomplish that the applicant must submit a 10 year maintenance plan to the Urban Forester for review and approval and the following language must be on a new easement plat or other legal document to be recorded with the County Clerk's office; Urban Streetscape The Urban Streetscape consisting of seven (7) trees in tree wells along (street name) as shown on this Telecommunications Device for the Deaf TDD (479)521-1316 113 West MouRlainniKaseentritiSAiAE12701 ADM11-3745 Park Centre Agenda Item 3 Page 4 of 8 THE CITY OF FAYETTEVILLE, ARKANSAS easement plat constitutes a maintenance covenant running with the title of the subject property. The area is to be managed and maintained by the property owner according to American National Standards (ANSI) A3oo Tree and Shrub Maintenance Standards. Any tree removal requires tree replacement per Chapter 177 Landscape Requirements. Approved by: Date: City of Fayetteville Urban Forester Telecommunications Device for the Deaf TDD (479) 521-1316 113 West MouPtainnifi'€tiaenifhe59Rd2701 ADM11-3745 Park Centre Agenda Item 3 Page 5 of 8 ENGINEERING, INC. January 3, 2011 Andrew Gamer Planning Division City of Fayetteville 113 West Mountain St. Fayetteville, AR 72701 RE: PARK CENTRE (C-PZD 08-2894) — ADMINISTRATIVE APPEAL Andrew, Please accept this letter and accompanying plan as a request for an Administrative Appeal for the Park Centre project. Our appeal request is to allow the owner to maintain 7 street trees within the public right-of-way of Vantage Dr. • The approved Park Center PZD calls for 7 trees in tree wells to be located within the public sidewalk along the west side of Vantage Drive through Park Centre. We intend to plant these street trees according to the approved plan. However, due to some confusion during the approval process, our construction Landscape Plan shows a tree planting detail which does not reflect the city's requirement for a large amount of "structural soil" underneath the tree well and adjacent sidewalk. The Park Centre tree wells were prepared by our contractor based on our Landscape Plan, neglecting the installation of the city's required "structural soil." Due to our tree wells not being installed according to city requirements, the city's Urban Forester has expressed that the city will not be willing to maintain those street trees if planted in the tree wells we have prepared. Unfortunately, the cost to reconstruct the tree wells with structural soil is significant. Therefore, it is our wish to install the 7 street trees in the planned locations but to do so with the understanding that the Owner will bear the maintenance responsibility for those trees, not the City of Fayetteville. We appreciate your review of this Administrative Appeal. Thank you for your consideration or our proposal. Please feel free to call if you have any questions or comments. Respectfully, Jeremy Thompson, P.E., LEED AP Vice President H2 Engineering, Inc. 300 PI. Cc3'.-sue Ave.. Suite 331 Favettevilie. Arkansas 72701 Phone: 479.582.4234 ragyudiA9444.9254 Planning Commission ADM11-3745 Park Centre Agenda Item 3 Page 6 of 8 ADM 10-3745 Close Up View PARKE CENTRE LANDSCAPE VARIANCE RPID i II Ii 4t C3 Legend ADM10-3745 c-1 R-0 WATERSIDE CT Muti-Usesni aikeElstisting) —lin. Future Trails • U LAKFFAYETTEVILLE R•A SUBJECT PROPERTY CPzD RMF•24 0 v NN R$F.4 FRAZIER TER ;,,,footprints 2010 Hillside -Hilltop Overlay District I__ _! Design Overlay Di strict Design Overlay Di strict Planning Area C 200 400 800 1,200 1,600 Fayetteville F I January 10, 2011 Planning Commission ADM11-3745 Park Centre Agenda Item 3 Page 7 of 8 ADM10-3745 One Mile View PARK CENTRE LANDSCAPE VARIANCE I ! 6H;ADY GROVE AD L-1-. 0 2 CIS 0 4- P cc - 1 i . • (....;;) LaJ z VE 3 11 ANOR , C"--- g. ...t: _----- /L4KER NA RpioALLEY 1399 IL:.% DA 'ALLEY 4360 rara.u.o PPzIppo_c_PPZINa. -- =— - num R-0 I gc9F-11. __--- c -I — RIIP44 'Cl),15 t .? RA RMR24 Rjr..24 R14244 R ..• 0 IR 120F4 0 ,:i • • o• PL / 24 (RW -24 R$F4 Overview e •-i ' - r A • .a, , i (1%, ....]„0, . sr . i Legend Subject Property ADM1 0-3745 Boundary 0 0.25 0.5 CI- 00 R-0 O. RO FIPZOR RW44 MittjitttemiTrail (Existina, Notfig, •475. - -TriC ^PO Vit;" - traits ADA( [__J Desi Plan FayE 1 M 10-3745 an Overlay District ling Area tteville iles Lewy 1Q, 2Q44 Planning Commission ADM11-3745 Park Centre Agenda Item 3 Page 8 of 8 aye evile ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: January 5, 2011 PC Meeting of January 10, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 10-3742: Administrative Item (705 W. DOUGLAS ST./COURTS AT WHITHAM, 444): Submitted by Robert Sharp for property located at 705 West Douglas Street. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and contains approximately 1.42 acres. The request is for a variance to pciinit parking spaces in the build -to zone, for a variance to permit gravel parking spaces, and to modify the approved condition of approval for LSD 07-2454 Courts at Whitham requiring replacement of existing sidewalk along Whitham Avenue. Planner: Andrew Gamer Findings: Background and property description: The subject property contains approximately 1.42 acres located at the southwest quadrant of the Douglas Street/Whitham Avenue intersection. The property is under development for the expansion of the existing Courts at Whitham multi -family development. The current development was approved by the Fayetteville Planning Commission on February 26, 2007 (LSD 07-2454 Courts at Whitham) and involves the construction of one multi -family building and associated parking. Proposal: The applicant requests the following from the Planning Commission: 1. Whitham Avenue Sidewalk. Modification to condition of approval #2.a for LSD 07-2454 requiring a new 6 -foot sidewalk along the project's Whitham Avenue street frontage. The applicant requests to be able to replace a few panels of deteriorated sidewalk instead of the entire area along the project site. Condition of approval # 2.a. reads as follows: "A new 6' sidewalk shall be constructed along the project's Whitham Avenue and Douglas Street frontages." 2. Parking Lot Along Douglas Street. The applicant requests a variance to permit the existing parking spaces along Douglas Street to remain in their existing location which is approximately 12 feet from the back of the sidewalk, or 7 feet from the right-of-way. This is a variance of Fayetteville Unified Development Code Section 172.04(C) and 172.08 that does not permit parking lots within the build -to zone (10-25 feet from the right-of-way), and requires existing parking lots to be brought into compliance with new development, including a minimum of 15 feet of greenspace between the right-of-way G: I ETCI Development Services Rev IOIComments and Redlines 120101Develapmeni Reviewl 10-3742 ADM Courts at Whitham103 Planning Comml Rf 14, 2011 h lanning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 1 of 22 and the parking lot. The applicant proposes to install a wrought iron fence, brick gate posts, and dense vegetative plantings between these parking areas and Douglas Street as part of the variance request. 3. Concrete Apron Between the Existing Gravel Parking Lot and Alley. With the approval of LSD 07-2454, a variance was approved to allow the gravel parking spaces in the southem portion of the site to remain a gravel surface. This variance was approved with some conditions, one of which was to pave a concrete apron between the gravel parking and the alley. The applicant requests a modification to Condition of Approval #1 to eliminate the requirement for a concrete apron adjacent to the alley. Condition of Approval #1 reads as follows: "Planning Commission determination of a parking lot improvement. Existing parking lots on the site are non -conforming gravel parking lots. The proposed development would require the existing gravel parking lots be paved per Section 172.08 of the City's Unified Development Code to bring the non -conforming parking lots into conformity. The applicant has indicated to staff that they propose to leave the southern parking lot unpaved with gravel, providing wheel stops for each parking space, and a concrete apron at the entrances to the parking lot. Staff recommends all new parking spaces, and the existing spaces along the alley be paved, striped and constructed to city specifications as portions of these would be accessed/utilized by the proposed development. Staff recommends in favor of the applicant's request to leave the southern parking lot brown gravel, with improvements including new gravel and grading the entire lot smooth, installing exterior concrete aprons, and installing wheel stops and a landscape island." 4. Gravel Parking Spaces Adjacent to the Alley. The applicant requests that the 11 existing 90 -degree parking spaces accessed directly off of the alley along the western portion of the site be permitted to be gravel, instead of asphalt. The proposed requests are shown on the site plan and described in detail in the applicant's letter request. Discussion/Staff Recommendation: 1. Whitham Avenue Sidewalk. As described in the attached memo from the City Engineering Division, staff recommends denial of the applicant's request not to replace the sidewalk along the project's Whitham Avenue frontage. As described in the attached memo, staff finds that the pedestrian impact of the project warrants the replacement of the sidewalk. Further, staff finds that most sections of the sidewalk along Whitham Avenue are showing signs of extreme deterioration. Staff's opinion is that if attempts are made to spot repair each of the failing areas, the project will end up with an inferior product that will continue to deteriorate and be a maintenance issue from now on. 2. Parking Lot Along Douglas Street. Staff recommends in favor of the applicant's request to permit the existing parking spaces along Douglas Street to remain in their current G:IETCIDevelopment Senices Review120101Development Review110-3742 ADM Courts at Whilham103 Planning Com isigir ri1- 2011 101Cotmnents and Redlines t'�lenning ommission ADM10-3742 Courts at Whitham Agenda Item 4 Page 2 of 22 location within the build -to zone and approximately 7 feet from the Douglas Street right- of-way. Staff finds that this is a unique condition being an infill project on an existing developed multi -family site. The new multi -family building is located within the build -to zone and is being developed in an urban form, consistent with the intent of the zoning regulations. The applicant's proposal to screen the subject parking lot with brick gates, a wrought iron fence, and dense plantings should effectively screen the parking lot and encourage a pedestrian friendly streetscape. The development does not have excess off- street parking spaces, and the project originally utilized the option for on -street parking spaces to count towards the required number of spaces. Staff has received some complaints from adjacent property owners that the Courts at Whitham does not provide enough off-street parking spaces, and that on -street parking in this neighborhood is a challenge with many university students parking on the street. 3. Concrete Apron Between the Existing Gravel Parking Lot and Alley 4. Gravel Parking Spaces Adjacent to the Alley. Staff recommends in favor of both of the applicant's requests (#3 and #4 above) to eliminate the requirement for a concrete apron between the existing gravel parking lot in the southern portion of the site and the alley, and to permit the 90 -degree parking spaces adjacent to the alley to remain gravel. Staff recommends that in order to prevent gravel from being tracked out onto the public alley from these parking spaces and to prevent the edge of the asphalt alley from deteriorating, that the eastern edge of the alley adjacent to these gravel areas be constructed with a modified roll-over concrete curb. Recommended Motion: Staff recommends the following motion for ADM 10-3742 Courts at Whitham: 1. Whitham Avenue Sidewalk. Planning Commission determination of a modification to the Courts at Whitham LSD 07-2454 condition of approval #2.a regarding the Whitham Avenue sidewalk Staff recommends denial of this request based on the findings stated herein. 2. Parking Lot Along Douglas Street. Planning Commission determination of a variance of Fayetteville UDC Section 172.04(C) and 172.08 that does not permit parking lots within the build -to zone (10-25 feet from the right-of-way), and requires existing parking lots to be brought into compliance with new development, including a minimum of 15 feet of greenspace between the right-of-way and the parking lot. Staff recommends in favor of this variance based on the findings stated herein with the requirement that a wrought - iron style fence with brick gate posts/columns be installed in the location indicated on the site plan, and that a dense planting of evergreen shrubs be installed between the fence and the street, as proposed by the applicant. The screening shrubs shall be installed in compliance with the species and spacing requirements in UDC Chapter 177 in order to form a continuous screening hedge. 3. Concrete Apron Between the Existing Gravel Parking Lot and Alley and Gravel Parking Spaces Adjacent to the Alley. Staff recommends in favor of both the applicant's requests to eliminate the requirement for a concrete apron between the existing gravel parking lot G:IETCIDevelopment Services Review120101Developtnent Review) 10-3742 ADM Courts al Whithaml03 Planning ConnnY.SYt�nIFY11 2011 101Comments and Redlines FFPlanning ommission ADM10-3742 Courts at Whitham Agenda Item 4 Page 3 of 22 in the southern portion of the site and the alley, and the request to permit the 90 -degree parking spaces adjacent to the alley to remain gravel. To prevent gravel from being tracked out onto the public alley from these parking spaces and to prevent the edge of the asphalt alley from deteriorating, the eastern edge of the alley adjacent to these gravel areas shall be constructed with a modified roll-over concrete curb as approved by City Engineering staff. 4. A revised site and landscape plan shall be submitted as a change order to the existing building permit for the Courts at Whitham prior to construction of the subject improvements. The revised plan shall be reviewed for compliance with all applicable regulations. The plan shall indicate the specification for the concrete roll-over curb adjacent to the alley, the height and specification of the wrought -iron style fence and brick gate, and the species of screening shrubs with all required landscaping notes in accordance with UDC requirements. Planning Commission Action: Motion: Second: Meeting Date: January 10, 2011 Vote: ❑ Approved ❑ Denied ❑ Tabled G:IETCIDevelopment Services Review120101Development Review110-3742 ADM Courts at Whitham103 Planning ComalThiV11Th-2011 101Comments and.Redlines Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 4 of 22 ARKANSAS PC Meeting of February 26, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: February 22, 2007 LSD 07-2454: Large Scale Development (COURTS AT WHITHAM, 444): Submitted by N. ARTHUR SCOTT for property located at THE SOUTHWEST CORNER OF DOUGLAS STREET AND WHITHAM AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI FAMILY - 40 UNITS/ACRE and contains approximately 1.42 acres. The request is to approve an apartment building with 26 one -bedroom units, a 16 -space parking garage, and 8 additional outdoor parking spaces. Property Owner: GREG HOUSE EAST AVENUE DEVELOPMENT Planner: ANDREW GARNER Findings: Subdivision Committee Meeting February 15, 2007: This item was forwarded from the Subdivision Committee to the full Planning Commission because one of the Subdivision Committee members had to abstain from this item. One of the members of the Subdivision Committee expressed concern with traffic congestion in the area and requested a traffic study. During the public comment for this meeting the University of Arkansas stated that they are opposed to this project because it is in their campus growth area and because of traffic congestion in the area. Staff has not received traffic analysis from the applicant from this project, and does not find that the redevelopment of this property with 26 multi -family units warrants a traffic study, and that the project would not create or compound a dangerous traffic condition. If the Planning Commission requires a traffic study it would need to be provided by the applicant. The applicant has submitted a letter addressing the university's concerns, and the issue of allowing one of the gravel parking lots to remain unpaved. Staff is not aware of any traffic concerns in this area above and beyond normal traffic flow; additionally, the inclusion of an additional 26 multi -family units would not generate a great deal of impact, and thus infrastructure burden on surrounding streets. Staff recommends those improvements as previously found appropriate by the Planning Commission in 2005. Background: This project was approved at the November 3, 2005 Subdivision Committee meeting. The developer did not obtain required permits within the one-year timeframe and the development approval has expired. The applicant seeks approval of the previously approved KlReports120071PC Reports102-26-071LSD 07-2454 (Courts at Whitham).doc January 10, 2011 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 5 of 22 large scale development LSD 05-1737. Variances were approved by the Fayetteville Board of Adjustment on November 7, 2005 to allow for the proposed nonconforming building setbacks off of the Douglas Street and Whitham Avenue frontages. These variances are still applicable to the proposed project. Property and Setting: The subject property contains approximately 1.42 acres located at the southwest quadrant of the Douglas Street/Whitham Avenue intersection. The site is developed with four multi -family apartment buildings, a single-family dwelling, and brown gravel parking lots. The site has well-established landscaping and a stone wall around the perimeter of much of the property. The property has direct access onto Douglas Street and Whitham Avenue along the north and east property lines, with private alleys along the southern and western property lines. Land uses surrounding the site include residential properties to the north, east, and south, and a parking lot to the west. The site is surrounded entirely by RMF -40 zoning. Proposal: The applicant proposes to remove the existing single-family dwelling and construct one multi -family building containing 26 one -bedroom units and an underground parking garage containing 16 spaces. In addition, six new parking spaces would be constructed under the western roofline of the new structure, and two new parking spaces would be constructed immediately south of the multi -family building located at 711 West Douglas. The existing gravel parking lot adjacent to the alley would be paved and striped with the addition of the two new spaces. The applicant proposes to leave the existing gravel parking area in the southern portion of the site unpaved, installing 20 individual wheel stops to clearly identify parking spaces, and installing a concrete apron adjacent to the existing alley. Parking lot landscaping would be installed as required. Request: The request is for Large Scale Development approval of the submitted site plans for the Courts at Whitham Apartments. Public Comment: Public comment has not been received. Right-of-way being dedicated: 25' from centerline for Whitham Avenue and Douglas Street. Street Improvements: 6' sidewalk along the Whitham Avenue and Douglas Street frontages; pave the 10' private alley along the western property line. Repair/replace any broken or missing curb along street frontages, and asphalt only sections of Douglas/Whitham as determined by City Engineering. Water/Sewer: Water and sewer are available to the site. Parks: On September 12, 2005 the Park Recreation Advisory Board recommended money in lieu of land for the proposed multi -family units. Adjacent Master Street Plan Streets: Douglas Street and Whitham Avenue (local streets). Tree Preservation: Existing Canopy: 36% Preserved Canopy: 30% Required Canopy: 20% K:IReports120071PC Reports102-26-071LSD 07-2454 (Courts at Whitham).doe January 10, 2011 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 6 of 22 Mitigation: Not Required Recommendation: Staff recommends LSD 07-2454 be approved with the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of a parking lot improvement. Existing parking lots on the site are non -conforming gravel parking lots. The proposed development would require the existing gravel parking lots be paved per Section 172.08 of the City's Unified Development Code to bring the non -conforming parking lots into conformity. The applicant has indicated to staff that they propose to leave the southern parking lot unpaved with gravel, providing wheel stops for each parking space, and a concrete apron at the entrances to the parking lot. Staff recommends all new parking spaces, and the existing spaces along the alley be paved, striped and constructed to city specifications as portions of these would be accessed/utilized by the proposed development. Staff recommends in favor of the applicant's request to leave the southern parking lot brown gravel, with improvements including new gravel and grading the entire lot smooth, installing exterior concrete aprons, and installing wheel stops and a landscape island. PLANNING COMMISSION APPROVED THIS CONDITION. (02/26/07) 2. Planning Commission determination of street improvements. Staff recommends the following street improvements.: a. A new 6' sidewalk shall be constructed along the project's Whitham Avenue and Douglas Street frontages. b. The 10' alley along the western property line shall be paved along the project's frontage. c. Repair/replace any broken or missing curb along street frontages, and asphalt only sections of Douglas/Whitham as determined by City Engineering. PLANNING COMMISSION APPROVED THIS CONDITION. (02/26/07) 3. Dimension 25' right-of-way from centerline for Douglas Street and Whitham Avenue, dedicating additional right-of-way as necessary per the Master Street Plan. 4. With 56 parking spaces on the site 2 bike racks are required and should be depicted on the site plan. 5. Payment of $17,680.00 in Parks fees for 26 multi -family units is due prior to issuance of building permit for this project. 6. No tree mitigation will be required on this project unless the development removes below the allowed 20%. KiReporls120071 PC Reports102-26-071 LSD 07-2454 (Courts at WhiUmm).doc January 10, 2011 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 7 of 22 7. Any fencing, walls or signage within utility easements must be coordinated with affected utilities and are subject to removal at the cost of the owner/developer. Standard Conditions of approval: 8. Trash enclosures shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of- way. 9. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 10. 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 new utilities shall be placed underground. All existing overhead utilities below 12 kV shall be relocated underground. 12. All exterior lighting shall comply with the City of Fayetteville lighting ordinance and will be reviewed for compliance at the time of building permit. 13. Large scale development shall be valid for one calendar year. 14. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. b. Separate easement plat for this project that shall include the tree preservation area and all utility easements. c. Project Disk with all final revisions. d. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. e. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. K:IReports120071PC Reports102-26-071LSD 07-2454 (Courts at Whithom).doc January 10, 2011 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 8 of 22 15. Additional conditions: Planning Commission Action: X Approved ❑ Denied 0 Tabled Motion: Clark Second: Graves Vote: 7-0-0 (on consent agenda) Meeting Date: February 26, 2007 Comments: 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:IReports120071PC Reports102-26-071LSD 07-2454 (Courts at Whitham).doc January 10, 2011 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 9 of 22 December 8, 2010 Chair of the Planning Commission City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 RE: REQUESTED MODICATIONS TO SITE WORK, COURTS AT WHITHAM PROJECT Dear Chair of the Planning Commission I am writing to you to request modifications to the site work at the Courts at Whitham project located at the corner of Whitham Avenue and Douglas Street. The developer and the design team feel that there are some items that are shown on the site plan that, upon closer reflection, we would like to modify. In general, these are items that seemed fairly inconsequential when we were seeking Large Scale Development approval, but now that we are into construction, seem like they are not the best solution. The specific items are as follows: 1. Existing Sidewalk. The sidewalk to the east of the existing Courts at Whitham building along Whitham Avenue is shown on the drawings to be removed and replaced. Most of that sidewalk is in relatively good shape as shown in photo 1. A few panels are cracked and have heaved, creating a trip hazard, please refer to photo 2. These panels should be removed and replaced. However, the majority of the sidewalk is in good condition, and we feel that it would be wasteful to break this up, haul it to a landfill, and replace it. We feel that a concrete sidewalk doesn't "wear out" and that the fact that the sidewalk has lasted this long is a good indication that it is on solid bearing and will continue to last. Also, demolishing this sidewalk creates the possibility of undermining the historic cut stone wall that is adjacent to the sidewalk. As you can see, a portion of the sidewalk was previously repaired as shown in photo 3. We feel that this is a more sustainable and cost effective way to maximize the usefulness of the sidewalk and that removing and replacing the entire sidewalk is unnecessary. Please refer to item #1 on the attached site plan. Request for Variance, Courts at Whitham LSD Jana16°2011 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 10 of 22 .:6 Photo I: Existing Sidewalk along Whitham Avenue. Photo 2: Existing Sidewalk showing cracked and heaved paving areas. Request for Variance, Courts at Whitham LSD JanuaP9901V,, WWW 1 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 11 of 22 Photo 1 Existing Sidewalk showing patched area. 2. Parking Areas along Douglas: Currently, parking exists between the two story wood frame building located at 711 West Douglas Street and the new three story building on the corner of Whitham and Douglas. Photo 4 shows this area from the west; photo 5 shows it from the east. The construction plans on sheet 4/12 dated 3)3/2009 call for the removal of 4 parking stalls. We would like to find a way to keep this parking. As you know, parking is a scarce and valuable asset close to the University of Arkansas campus; it seems a shame to remove 4 spaces at this location. We understand that the purpose of removing the parking stalls is to improve the pedestrian experience along Douglas Street. Because of the way that the parking area sits above the sidewalk, we feel that, as an alternative, we can install a wrought iron fence, and dense plantings. This is the same screening strategy that exists along Whitham Avenue, so it would not only screen the view of the parked cars from Douglas Street, but also help to unify the visual appearance of the entire property. See photos 6 and 7 for an example of this screening strategy. There is 12' between the back of the sidewalk and the edge of the parking lot paving, which is plenty of room to install the screening strategy described above. Refer to item number 2 on the attached site plan. Our request is that we be allowed to keep the existing non -conforming parking stalls at their current location and add screening to improve the pedestrian experience. The fact that this project is an in -fill project on a tight site makes it difficult to meet the letter of the law, but we certainly would like to meet the intent of the law while maintaining valuable parking assets, if possible. Request fur VarIVICe, Courts at Whitltam LSD Janual,g6, 26111 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 12 of 22 Photo 4: Parking area from west. Photo 5: Parking area from east. Request for Variance, Courts at Whitham LSD Januilr 8,°iS11 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 13 of 22 1 Photos 6 & 7: Low scone wall, wrought iron fence. and landscaping combine to create an effective visual screen and an enhanced pedestrian experience. Request for Variance, Courts at Whittam LSD Jana? 8,51811 Planning Commission ADM10-3742 Courts at Whitham Agenda Item 4 Page 14 of 22