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HomeMy WebLinkAbout2011-06-27 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting June 27, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on June 27, 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 • Planning Commission Agendas. Discussion of the option and presentation of technology to go paperless for Planning Commission packets. Facilitated by: Cory Whorton, Development Services Office Manager and Andrew Garner, Senior Planner Consent: 1. Approval of the minutes from the June 13, 2011 meeting. 2. ADM 11-3872: Administrative Item (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6855 WEST WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is a variance for an accessory dwelling unit to be on the same water line as the principal residence. Planner: Andrew Garner 3. VAC 11-3861: Vacation (1528 N. GARLAND/GARLAND TOWNHOMES, 405): Submitted by H2 ENGINEERING, INC. for located at 1528 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and contain approximately 0.73 acres. The request is to vacate a portion of two utility easements. Planner: Dara Sanders New Business: 4. CUP 11-3858: Conditional Use Permit (495 WEST DICKSON ST./KOSTER/MAY, 484): Submitted by ANAYANSI KOSTER and ELIJAH MAY for property located at 495 WEST DICKSON STREET, the public sidewalk on the north side of the Walton Arts Center. The property is zoned MSC, MAIN STREET CENTER. The request is for approval of a conditional use permit to allow a sidewalk vendor cart that is 40" wide when the maximum width is 36". Planner: Dara Sanders 5. CUP 11-3859: Conditional Use Permit (1932 GARLAND/YOUTH BRIDGE, 600): Submitted by YOUTH BRIDGE, INC. for property located at 1932 GARLAND AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS/ACRE and I-1, HEAVY COMMERCIAL/LIGHT INDUSTRISTRIAL and contains approximately 3.64 acres. The request is for a conditional use permit for Youth Bridge to operate a youth transitional living facility. Planner: Jesse Fulcher 6. RZN 11-3857: Rezone (510 WEST 11`" ST./989 SOUTH SCHOOL AVE./SALE BARN, 562): Submitted by JUSTIN EICHMANN for property located at 510 WEST 11m STREET and 989 SOUTH SCHOOL AVENUE (THE SALE BARN). The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE, I-1, HEAVY COMMERICIAL/LIGHT INDUSTRIAL, and DG, DOWNTOWN GENERAL and contains approximately 12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Dara Sanders The following item has been approved administratively by City staff LSP 11-3843: Lot Split (3825 & 3849 SALEM RD./FEDOSKY, 162): Submitted by JORGENSEN & ASSOCIATES for property located at 3825 & 3849 SALEM ROAD. The property is in the PLANNING AREA and contains approximately 56.65 acres. The request is to divide the subject property into two tracts of approximately 8.50 and 48.15 acres. 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. Planning Commission June 13, 2011 Page 1 of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 13, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: May 23, 2011 Page 3 Consent: ACTION TAKEN Approved ADM 11-3865: Administrative Item (3849 SALEM ROAD/FEDOSKY, 167) Page 3 Approved ADM 11-3853: Administrative Item (20 E. MOUNTAIN ST./RENAISSANCE PARKING LOT VARIANCE, 523) Page 3 Approved Old Business: CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484) Page 4 Tabled New Business: CUP 11-3844: Conditional Use Permit (INTERSECTION OF SHILOH & HENBEST DR. /ADVENTURE SUBARU, 325) Page 5 Approved LSD 11-3845: Large Scale Development (INTERSECTION OF SHILOH & HENBEST DR. /ADVENTURE SUBARU, 325): Page 5 Approved CUP 11-3846: Conditional Use Permit (3160 WYMAN RD./BOOTH, 528) Page 6 Approved CUP 11-3840: Conditional Use Permit (544 E. MALINDA DR./CULPEPPER, 251) Page 7 Withdrawn RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP AVE./SUMMIT PLACE, 329): Page 8 Forwarded June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 1 of 10 Planning Commission June 13, 2011 Page 2 of 9 MEMBERS PRESENT Craig Honchell William Chesser Hugh Earnest Tracy Hoskins Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Sarah Bunch 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioner Bunch. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 2 of 10 Planning Commission June 13, 2011 Page 3 of 9 Consent: Approval of the minutes from the May 23, 2011 meeting. ADM 11-3865: Administrative Item (3849 SALEM ROAD/FEDOSKY,167): Submitted by JORGENSEN AND ASSOCIATES for property located at 3849 SALEM ROAD. The property is in the PLANNING AREA and contains approximately 56.65 acres. The request is for a variance to create a lot that does not meet the minimum street frontage requirements. ADM 11-3853: Administrative Item (20 E. MOUNTAIN ST./RENAISSANCE PARKING LOT VARIANCE, 523): Submitted by RANDY WERNER for property located at the NW CORNER OF COLLEGE AVENUE AND MOUNTAIN STREET. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 2.24 acres. The request is for variance of landscape requirements for improvements to the parking lot. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 3 of 10 Planning Commission June 13, 2011 Page 4 of 9 Old Business: CUP 11-3811: Conditional Use Permit (339 WEST AVENUE/ROCK BOTTOM, 484): Submitted by ZAC WOODEN for property located at 339 WEST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.75 acre. The request is for a conditional use permit for a reduction of required parking spaces pursuant to Chapter 172, Parking and Loading. Motion: Commissioner Winston made a motion to table this item indefinitely. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 4 of 10 Planning Commission June 13, 2011 Page 5 of 9 New Business: CUP 11-3844: Conditional Use Permit (INTERSECTION OF SHILOH & HENBEST DR. /ADVENTURE SUBARU, 325): Submitted by H2 ENGINEERING, INC. for property located at the intersection of SHILOH AND HENBEST DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS/ACRE AND C-2, THOROUGHFARE COMERCIAL and contains approximately 4.55 acres. The request is for parking in the RMF -24 zoning district to serve a use in a nonresidential zone. LSD 11-3845: Large Scale Development (INTERSECTION OF SHILOH & HENBEST DR. /ADVENTURE SUBARU, 325): Submitted by H2 ENGINEERING, INC. for property located at the intersection of SHILOH AND HENBEST DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS/ACRE AND C-2, THOROUGHFARE COMERCIAL and contains approximately 4.55 acres. The request is for a 20,975 sq. ft. Adventure Subaru car dealership. Jesse Fulcher, Current Planner, presented the staff report and recommendation. David Nelms, applicant, stated that they were looking to provide a good project in west Fayetteville, and the need for the landscape variance was for visibility of their display area. Commissioner Earnest stated that all of the items from the Subdivision Committee meeting had been addressed. Motion CUP 11-3844: Commissioner Earnest made a motion to approve CUP 11-3844, as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion LSD 11-3845: Commissioner Earnest made a motion to approve LSD 11-3845, finding in favor of all conditions of approval and recommendations made by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 5 of 10 Planning Commission June 13, 2011 Page 6 of 9 CUP 11-3846: Conditional Use Permit (3160 WYMAN RD./BOOTH, 528): Submitted by NEAL HEFNER for property located at 3160 WYMAN ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 20.18 acres. The request is to build an accessory structure before the primary structure for the storage of maintenance equipment required to upkeep the property. Dara Sanders, Current Planner, gave the staff report. The applicant was not present. Commissioner Cabe asked staff to advise on Commission review of an item with no representation present. Sanders stated that the applicant was aware of the staff recommendation for approval and associated conditions and that the Commission could review and vote on or table the item. Commissioner Chesser expressed concerns with the size of the structure based on the proposed use and asked staff to comment. Sanders explained that the size of the equipment necessary to maintain the property is likely driving the size. Commissioner Hoskins recalled past similar requests in which a property owner was requesting to construct an accessory structure on a property prior to the primary structure, but in these situations the property owner had an idea of when the primary structure would be constructed. Is this the case? Sanders stated that the property is currently owned by the bank and a future date for the development of the property is unknown. Commissioner Cabe asked staff to clarify condition of approval #2, which requires that the accessory structure not exceed 50% of the size of any future principal structure. Considering that the proposed accessory structure is 2,400 square feet, this may be a difficult condition to meet. Sanders explained that this is a requirement of the Unified Development Code, which does allow for the Planning Commission to approve a separate conditional use permit to permit an accessory structure that exceeds 50% of the size of the principal structure. Motion: Commissioner Winston made a motion to approve CUP 11-3846 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Hoskins voting `No'). June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 6 of 10 Planning Commission June 13, 2011 Page 7 of 9 CUP 11-3840: Conditional Use Permit (544 E. MALINDA DR./CULPEPPER, 251): Submitted by GRACE CULPEPPER for property located at 544 EAST MALINDA DRIVE. The property is zoned RMF - 24, RESIDENTIAL MULTI -FAMILY, 24 UNITS/ACRE and contains approximately 0.26 acres. The request is for Use Unit 12, Limited Business, for a therapy practice, in the RMF -24 Zoning District Commissioner Cabe announced that this item was withdrawn by the applicant. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 7 of 10 Planning Commission June 13, 2011 Page 8 of 9 RZN 11-3824: Rezone (EAST OF INTERSECTION OF COLLEGE AND TOWNSHIP AVE./SUMMIT PLACE, 329): Submitted by TMS DEVELOPEMENT for property located east of intersection of COLLEGE AND TOWNSHIP AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE and contains approximately 30.13 acres. The request is to rezone the subject property to NC, NEIGHBORHOOD CONSERVATION. Andrew Garner, Senior Planner, gave the staff report. Mark Courdin, applicant, gave the background of the Summit Place subdivision, the real estate market crash that led to the vacant subdivision, and their current intent to build smaller 1,600 — 2,000 square foot single family homes in this neighborhood. Public Comment: Marilyn Edwards, property owner in the vicinity, discussed concerns with the proposed density, traffic on Township, and concerns with ingress -egress into this neighborhood. Gerald Sloan, property owner on Juneway Terrace, asked about how the 30% tree preservation in the HHOD can work on this site for each lot. He discussed concerns with stormwater, and stated that erosion on his property that is uphill from this subdivision has increased over the past four years after this subdivision has been built. Michael Robason, property owner on Juneway Terrace, stated that he is in support of CityPlan 2025 but that the developer's new plan for this neighborhood does not reflect CityPlan. He discussed concerns with traffic on Township and traffic in general. Commissioner Earnest left the meeting. Candy Johnson, property owner in the area, discussed that she grew up in the area and was offended by the developer's plan because it was obtrusive. She also discussed runoff from this hill. No more public comment was presented. Commissioner Winston asked Mr. Sloan to come backup to the podium and explain his concerns with erosion. Gerald Sloan, property owner on Juneway Terrace, discussed that he thinks erosion on his property has increased as a result of this subdivision. Commissioner Winston stated that he was skeptical that Summit Place was causing erosion problems on Mr. Sloan's property because Summit Place is downhill from his house. Commissioner Hoskins asked about the proposed development. Garner discussed that development is not to be considered as this is a rezoning. A development would come through as a later submittal. Commissioner Hoskins asked Mr. Robason to come back to the podium and discuss his concerns with the design of the neighborhood. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 8 of 10 Planning Commission June 13, 2011 Page 9 of 9 Michael Robason, property owner on Juneway Terrace, discussed concerns with seeing garage doors right at the street under the proposed zoning. Commissioner Hoskins discussed that he has experience developing smaller single family homes on narrow lots and thinks that this will not be a front garage entry type of development. Commissioner Hoskins asked about the proposed zoning and surrounding density. Garner responded that the adjacent single family neighborhoods to the south and east are zoned RSF-4 and the proposed density with the Bill of Assurance would be four units per acre. Commissioner Chesser asked Mr. Robason about erosion issues. Michael Robason stated that he has three new sinkholes on his property since 2008. Commissioner Chesser asked about access and traffic into this site when this is re -platted. Garner discussed that a westbound turn lane into this neighborhood may need to be provided if this neighborhood is re -platted with a higher density. Commissioner Chesser discussed that this is an area of the City where infill is appropriate and he would be in favor of even higher density to support mass transit. Commissioner Winston pointed out that Marks Mill Lane is a street stub -out and would provide potential future connection to the south. Commissioner Hoskins discussed the intent of the NC zoning, allowing buildings close to the street, reduced grading on the uphill side, and more flexibility in clustering and design than under the RSF-4 zoning. Commissioner Chesser asked about sidewalk and homes in NC zoning. Garner discussed that homes are required to be built within the 0 -25 -foot build -to zone and that the intent is to encourage homes and front porches close to the sidewalk. Motion: Commissioner Chesser made a motion to forward RZN 11-3824 to the City Council with a recommendation for approval. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. There being no further business, the meeting was adjourned at 6:35 PM. June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 9 of 10 June 27, 2011 Planning Commission PC Minutes 06-13-11 Agenda Item 1 Page 10 of 10 ayeARKANSAexiSle THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: June 20, 2011 PC Meeting of June 27, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3872: Administrative Item (6855 West Wedington Drive/Lois Guist, 434): Submitted by LOIS GUIST for property located at 6885 WEST WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.23 acres. The request is for a variance to permit an accessory dwelling unit to be on the same waterline as the principal residence. Planner: Andrew Garner Findings: Property Description: The subject property is located at 6885 Wedington Drive, contains approximately 2.23 acres and is zoned R -A, Residential Agricultural. This property was annexed into the City of Fayetteville by general election in 2006. There are three residences on this property as follows: Address Size (sq.ft.) Year Constructed Type Residence 6885 Wedington 1,377 1957 Single family detached 6859 Wedington 570 1972 Detached one -bedroom apartment 6855 Wedington 1,725 2010 Mobile home Utilities: This area of Fayetteville does not have access to public sewer and is serviced by the Washington Water Authority. All dwellings on this property are on septic systems and serviced by Washington Water Authority. The primary dwelling at 6885 Wedington and the small one - bedroom apartment at 6859 Wedington have shared the same water line since 1972, when the apartment was constructed and connected to the Washington Water Authority system. Accessory Dwelling Unit Application: The applicant has submitted an application to classify the existing 570 square foot dwelling at 6859 Wedington as an Accessory Dwelling Unit (ADU) in accordance with City ordinance. The mobile home that was installed last year is in violation of City zoning code because the property now has too many primary dwellings. The property owner is in the process of trying to resolve the violation and the application for the ADU is the first step in the process. If the ADU is approved the second step to resolve the violation is to go before the Board of Adjustment to try and gain approval of lot area and lot width variances. An ADU is subject to administrative design review and approval when the proposal meets the standards outlined in Chapter 164.19(D), which limit the dwelling size and occupancy, regulate the design of the dwelling to be compatible with the principal dwelling, and require that water G:IETCIDevelopment Services Review120111Development Review111-3872 ADM 6885 W. Wedington Dr (Guist)103 Plannin&Commission106-13- 111Comments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 1 of 14 and sewer service for the ADU be connected directly to the public water and sewer system and metered separately from the principal dwelling. Additionally, a property owner must permanently occupy either the principal or accessory dwelling unit and must register the dwellings on an annual basis with the Planning Division to verify occupancy requirements. Proposal: The applicant requests Planning Commission approval of a variance request from Chapter 164.19(D)(7), the requirement for the ADU to connect directly to the public water system and be metered separately. As the property does not have access to the public sewer system there is not a variance needed for that issue. Discussion/Staff Recommendation: The requirement for separate water taps was included in the ADU regulations primarily for purposes of enforcement, as Chapter 164.19(J) permits the City to tum off water service to the ADU should the property owner no longer reside on the property. A secondary purpose for this requirement is for the Fayetteville Utilities Department (water and sewer) to understand the impact of the additional dwelling units on City services. The Planning Commission has the authority under Chapter 164.19(G) to grant a variance from the requirement for separate water and sewer taps if a hardship exists. Given that this property was developed several decades ago under the Washington Water Authority rules and regulations, staff finds that it would be a hardship to require the property owner to construct a new separate water line connection to the existing one -bedroom apartment. Recommended Motion: Finding that it would be a hardship to require the applicant to construct a separate water tap for the ADU, staff recommends approval of ADM 11-3872 subject to the following condition: Condition of Approval: 1. This variance is subject to approval by the Washington Water Authority. Planning Commission Action: Motion: Second: Meeting Date: June 27, 2011 Vote: ❑ Approved ❑ Denied ❑ Tabled G:IETCIDevelopment Services Review120111Development Reviewl11-3872 ADM 6885 W. Wedington Dr (Guist)103 Planning Commission106-13- 111Comments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 2 of 14 164.19 Accessory Dwelling Units (ADU) (A)Purpose. The purpose of the accessory dwelling unit ordinance is to authorize accessory dwelling units in certain zoning districts on lots already developed or that will be developed concurrently with single-family dwellings. (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an accessory dwelling unit application: (1) Exterior design of the accessory dwelling unit should be compatible with the principal dwelling unit through architectural use of building forms, height, construction materials, and colors. (2) The property shall have infrastructure (water, sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling unit. (3) The location and design of the accessory dwelling unit shall meet the required setbacks of the zoning district. (4) A two-story accessory dwelling unit should generally limit the major access stairs, decks, entry doors, and major windows to the walls facing the principal dwelling, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard should be minimized. The design of the accessory unit should relate to the design of the principal residence and not visually dominate it or the surrounding properties. (5) The orientation and location of buildings, structures, open spaces and other features of the site should protect and maintain natural resources including significant trees and shrubs to the extent feasible and minimize alteration of natural land forms. Building profiles, location and orientation should relate to natural land forms. (6)The site plan should ,impact storm water mitigation tech^ ueS such as paau Saau uau incorporate low aag�..a .;q... , ., cisterns, rain barrels, permeable pavers, rain gardens, indigenous plants and landscape berms. (C)Permitted Zoning Districts: Accessory dwelling units shall be exempt from the density requirements of the underlying zoning district and shall be permitted by- right on lots containing 5,000 square feet or more in the following Zoning districts: (1) R -A Residential Agricultural (2) RSF — 0.5 Residential Single Family — One Half Unit per Acre. (3) RSF — 1 Residential Single Family — One Unit per Acre (4) RSF — 2 Residential Single Family — Two Units per Acre G:IETCIDevelopment Services Review120111Development Review111-3872 ADM 6885 W. Wedington Dr (Guist)103 Planning Commission106-13- 111Comments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 3 of 14 (5) RSF — 4 Residential Single Family — Four Units per Acre (6) RSF — 7 Residential Single Family — Seven Units per Acre (7) RSF — 8 Residential Single Family — Eight Units per Acre (8) NC Neighborhood Conservation (D)Administrative Design Review and Approval. All accessory dwelling units shall meet the following standards for administrative approval by the Zoning and • Development Administrator. Prior to approval of an accessory dwelling unit, the Zoning and Development Administrator shall find that: (1) Maximum Square Feet and Number of Bedrooms. The accessory dwelling unit shall not be greater than 600 square feet of habitable space with a maximum of one bedroom. Detached accessory dwelling units located above garage space shall be permitted so long as they meet the height requirement herein. (2) Zoning. The accessory dwelling unit shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density. (3) Parking. One parking space shall be provided on-site for each accessory dwelling unit. Required parking for the accessory dwelling unit is in addition to the required parking for the principal dwelling unit. On -street parking may be counted towards the total parking requirement where it is allowed in the public right-of-way adjacent to the subject property. (4) Existing Development on Lot. A single-family dwelling shall exist on the lot or shall be constructed in conjunction with the accessory dwelling unit. No building permit shall be issued until this requirement is satisfied. (5) Maximum Number of Accessory Dwelling Units per Lot. A maximum of one accessory dwelling unit shall be permitted for each lot. (6) Other Code Requirements. The accessory dwelling unit shall comply with the requirements of the City of Fayetteville Uniform Building Code. (7) Water"and Sewer. i at r and sewer "service for the accesso dwelling unit shall be connected directs to the-pubie"water and sewer system, "where reasonably accessible in accordance with all- applicable regulations; and shall be metered separately from and principal residence. (8) Occupancy. The property owner must permanently occupy either the principal or accessory dwelling unit. G:I ETCI Development Services Review120111Development Review11l-3872 ADM 6885 W. Wedingion Dr (Guist)103 Planning Commissionl06-13- I IIComments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 4 of 14 (9) Maximum Occupancy of the Accessory Dwelling Unit. A maximum of two persons shall reside in an accessory dwelling unit. (10) Registration of Dwelling Units. The principal and accessory dwelling unit shall be registered on an annual basis, from the date of approval, with the Planning Division to verify occupancy requirements. (11) Tree Preservation. To protect existing tree canopy to the greatest extent possible, prior to application for an accessory dwelling unit, the applicant shall consult with the Urban Forester, to prepare a site plan illustrating the location of all significant trees. All significant trees on the property shall be adequately protected during construction. Any proposed removal of significant trees on the site will require the following of the property owner: (a) The applicant must show that the removal of a significant tree or trees is necessary in order to locate the accessory dwelling unit on the lot and also meet all contributing location requirements such as building setbacks, utility or drainage easements, topography, etc. (b) For every significant tree removed the property owner shall replace said tree with a total of two (2) two-inch caliper large species shade trees from the list of approved tree species in a location deemed appropriate by the Urban Forester. (c) Should the Urban Forester find justifiable cause to determine a significant tree or trees were removed in an attempt to thwart the intent of this ordinance prior to application for an accessory dwelling unit, the application shall not be approved administratively. (12) Building Height and Stories. (a) A one-story detached accessory dwelling unit shall be a maximum of 20 feet in height IO the YOGI peak meaSUIGLL IIUIIl the existing adjacent grade. (b) A detached accessory dwelling unit above one story shall be a maximum of 25 feet in height to the roof peak measured from the existing adjacent grade. (c) An attached accessory dwelling unit may occupy a first or second story of a principal dwelling unit and shall not in any instance be taller than the roof line of the principal dwelling unit. (13) Building Design. The architectural design of the accessory dwelling unit shall relate to the design of the principal dwelling by the use of similar exterior wall materials, window types, door and window trims, roofing materials and roof pitch. The following materials must be submitted for review of an application: (a) A material sample board indicating type of materials and colors to be used on the exterior of the building. G: IETCIDevelopment Services Review120/ 1(Development Reviewtl1-3872 ADM 6885 W. Wedington Dr (Guist)103 Planning Commission I06-13- I11Comments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 5 of 14 (b) An architectural elevation drawing of all sides of the proposed structure. (c) Images or architectural elevations of the principal dwelling unit. (E) Site Plan Requirements. Three sets of detailed site plans are required with the following information: (1) Scale no smaller than 1" = 30' (one inch equals thirty feet) (2) A north arrow (3) Property lines (4) Locations and dimensions of all rights-of-way, utility, drainage and tree preservation easements, and building setbacks (5) All existing and proposed structures with accompanying uses (6) Size of parcel in square feet or acres. (7) Size of all existing and proposed structures in square feet (8) Name of the applicant or property owner, plan preparer, project name and project address in a title block (9) Pertinent special features such as drainage features, berms, fences, and retaining walls (10) Parking areas, including driveways, with paving materials and dimensions of _n landscaping of plant Ill) A landscape pian showing the location all proposed landscaping, size plant materials and species (12) Tree protection plan including all significant trees and protection measures (F) Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Washington County Clerk's Office a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that: (1) The accessory dwelling unit shall not be sold separately from the principal residence. (2) The accessory unit is restricted to the approved size. (3) The property owner shall at all times reside on the property. G:IETCIDevelopment Services Review120111Development Review111-3872 ADM 6885 W Wedington Dr (Guist)103 Planning Commission106-13- 111Comments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 6 of 14 (4) The above restrictions are binding upon any successor in ownership of the property and shall run with the property. (G)Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements for size (square feet), height, and materials for an accessory dwelling unit, where unique circumstances exist and the effect will not adversely affect adjoining or neighboring property owners. Applicants may ask for a variance from the requirement for separate water and sewer taps if a hardship exists, such as difficult access or topography. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (H)Existing Detached Second (Accessory) Dwelling Units. (1) Conforming Units. Existing detached second dwelling units approved by the Planning Commission by conditional use and constructed shall be considered a legal conforming accessory dwelling on the property. Property owners shall register the principal and accessory dwelling on an annual basis with the Planning Division. LE (I) Non -Conforming Structures. Non -conforming structures may not be converted into an accessory dwelling unit unless a variance has been granted by the Board of Adjustment. If the property owner no longer resides on the property, the owner shall remove the cooking I3C111t1eS from the Accessory Dwelling Unit or the City shall turn off water service to the Accessory Dwelling Unit. CO (K) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent of the law. (Ord. 5128, 4-15-08) G:IETCIDevelopment Services Review120111Development Review111-3872 ADM 6885 W. Wedinglon Dr (Guist)l03 Planning Commission106-13- 111Comments and Redlines June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 7 of 14 June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 8 of 14 Eoist Planning Commis on ADM 11-3872 Lois Guist Agenda Item 2 Page 9 of 14 To whom it may concern, I am writing to request a variance for a water tap. The guest house at 6859 w. Wedington Dr. has been on the same water tap as the main residence addressed 6885 W. Wedington Dr. These two addresses have shared the same water tap since 1972. This property has only been in the Fayetteville city limits for approximately 5 years. This residence also uses Washington water authority and not a Fayetteville water tap. "Thank you in advance for considering this variance request if you have any questions please give me a call at 442-7902. Lois Guist June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 10 of 14 June 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 11 of 14 June 27, 2011 01020 40 60 80 PI nnin�Corggi�sion amcmi Feet AdfvfriSP'!olM ist Agenda Item 2 Page 12 of 14 NORTH ADM 11-3872 Close Up View LOIS GUIST a I r 1 1 1 TRUAX LN SUBJECT PROPERTY Legend ••••••••••• Multi -Use Trail (Existing) •••••• Future Trails ADM 11-3872 RSF-1 E ROCK LN ROCKY RIDGE LN IW 41, r • 1 .1 S•. Z ■ • ■ 1 aJootprints 2010 Hillside -Hilltop Overlay District _! Design Overlay District Design Overlay District Planning Area 0 125 250 500 750 1,000 Fayetteville June 27, 2011 Foot Planning Commission ADM 91-3072 Lois Guist Agenda Item 2 Page 13 of 14 ADM 11-3872 LOIS GUIST One Mile View SUBJECT PROPERTY RSF-4 Le endRSF4 IRIS RS. RSF-0RSF4 RSF-4 RSF-4 E$4 RSF-1 RS" RMF6 RSF4RSF4 RSF-4 END DR RSF-1 N 0 z z J LL z 0 0 Legend Subject Property ADM11-3872 Boundary ure rai s RPM BOGAN D Muti-Use Trail (Existing) RSF-1 Futige Trails SHALOTTDR MED ST Hillside -Hilltop Overlay District ADN 11-3872 Eli Design Overlay District Plan 'ling Area Fayetteville 0.25 0.5 1 MiIett& 27, 2011 Planning Commission ADM 11-3872 Lois Guist Agenda Item 2 Page 14 of 14 'a e teville ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 27, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: June 14, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 11-3861: Vacation (1528 N. GARLAND/GARLAND TOWNHOMES, 405): Submitted by 112 ENGINEERING, INC. for located at 1528 NORTH GARLAND AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY 24 UNITS PER ACRE and contain approximately 0.73 acre. The request is to vacate a portion of two utility easements. Planner: Dara Sanders Findings: Property Description and Background: The subject property is located on Garland Avenue, south of Sycamore Street, and contains approximately 0.73 acre. On June 2, 2009, the Planning Division approved a Site Improvement Plan application (SIP 09-3279) on the subject property for two multi -family structures containing a total of 11 dwelling units and associated parking, and a building permit was issued in August of 2009 for construction of the development. During its construction, the property was foreclosed and all work on the site ceased, leaving a majority of the infrastructure to be installed, the parking lot to be paved and striped, and the interior of the buildings to be completed. The property was recently purchased from the bank by the current property owner, and a new survey of the property shows that the two substantially completed buildings encroach into a utility easement located internal to the site, as indicated on the most recent survey included in this packet. Request: The applicant's request is to vacate two separate portions of the existing utility easement to accommodate the substantially complete buildings, as indicated on the attached survey. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections G:\ETC\Development Services Review\2011\Development Review\11-3793 VAC N. side of Douglas St IU of A Easement)\03 Planning Commission \03-28-2011\Comments and Redlines June 27, 2011 Planning Commission VAC 11-3861 Garland Townhomes Agenda Item 3 Page 1 of 16 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3861 to the City Council with a recommendation for approval subject to the following conditions: 1. Any damage or relocation of utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Conunission Action: D Forwarded ❑ Denied ❑ Tabled Date: -Tune 22 _2011 Motion: Second: Vote: Note: G:\ETC\Development Services Review \2011\Development Review\11-3793 VAC N. side of Douglas St IU f A Easement)\03 Planning Commission \03-28-2011\Comments and Redlines JunO 27, 2011 Planning Commission VAC 11-3861 Garland Townhomes Agenda Item 3 Page 2 of 16 Mend Pro0 ' m'' -o2' \11027araUon exhibit. VACATION EXHIBIT,5/11/201110:02:23 PMS tem GARLAND AVE./HWY. 112 502'37'04"W 760.34' NO2J7'04"E 109.6' NO2'32'14"E'' — 0.86' tn noo wY 2.0 2.4 0' o� M yn 00 2D 01 3 X20 I. -. O r 3 it n - 49.63' 02'25'00"E _sr to A110 'P.M OC 50232'74 "W 79.32' 0 VAC 11-386 Garland Townhomes Agenda Item 3 Page 3 of 16 N GARLAND TOWNHOMES Pm no ic `k ei n, ' � EASEMENT VACATION EXHIBIT; Planni VAC 11-386 Garland Townhomes Agenda Item 3 Page 3 of 16 CH2 ENIG!NEERIING, INC. May 18, 2011 City of Fayetteville Planning Department 113 West Mountain St. Fayetteville, AR 72701 RE: GARLAND TOWNHOMES UTILITY EASEMENT VACATION Dear Ms. Sanders, Attached, please find our submittal package for a utility easement vacation for the Garland Townhomes project. Our submittal package is complete; however, there are a few items from the checklist which are not included, as they are not needed. Following is a description of those items: Item 7 — Abstractor's Certificate of Ownership of Adjacent Property Owners — The requested easement to be vacated is interior to the site, meaning that the only property owner adjacent to the easement is Henry Jordan, the owner making the vacation request. No Abstractor's Certificate is necessary. Item 10 — Certificate of Mailing — Adjacent Property Owner Notification — The requested easement to be vacated is interior to the site, meaning that the only property owner adjacent to the easement is Henry Jordan, the owner making the vacation request. No Adjacent Property Owner Notification is necessary. Item 11 — Written Consent for Alley / Right -of -Way Vacation — Not required for Easement Vacations. Please feel free to call if you have any questions or need additional information. Thank you for your consideration of this request. Respectfully Jeremy Thompson, P.E. Vice President June 27, 2011 Planning Commission VAC 11-3861 Garland Townhomes Agenda Item 3 Page 4 of 16