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Home My WebLink About2012-12-10 - Agendas - Final Planning Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting December 10, 2012 A meeting of the Fayetteville Planning Commission will be held on December 10, 2012 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 Consent. 1. Approval of the minutes from the November 26, 2012 meeting. Old Business: 2. ADM 12-4262: Administrative Item (2742 N. SHERYL AVE.IHENDRIX, 291): Submitted by JOE HENDRIX for property located at 2742 NORTH SHERYL AVENUE. The property contains approximately 1.03 acres and is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE. The request is for variances from the size limitation and water/sewer connection requirements of the Unified Development Code (UDC) Chapter 164.19 for Accessory Dwelling Units. Planner: Jesse Fulcher New Business 3. LSD 12-4266: Large Scale Development (S.W. CORNER OF N. RUPPLE RD. AND W. WEDINGTON DR.fWALGREENS, 439): Submitted by EB LANDWORKS, INC. for property located at the SOUTHWEST CORNER OF NORTH RUPPLE ROAD AND WEST WEDINGTON approximately 3.85 acres and is zoned C-1, NEIGHBORHOOD COMMERCIAL. The request is for a 14,550 sq. ft.building with associated parking. 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 allpublic 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 November 26, 2012 Page I of 13 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 26,2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: October 22,2012 and November 13,2012 Approved Page 3 Old Business: ADM 12-4260: Administrative Item (4703 N. CROSSOVER RD./FAYETTEVILLE FARMER'S MARKET,099): Approved Page 4 New Business: ADM 12-4262: Administrative Item (2742 N. SHERYL AVE./HENDRIX,291): Page 5 Tabled CUP 12-4249: Conditional Use Permit(207 W.WATSON ST./COLLIER,484): Page 6-8 Approved CUP 12-4255: Conditional Use Permit(4618 N. COLLEGE AVE./ARK HELICOPTERS,096): Page 9-10 Denied RZN 12-4253: Rezone(1932 AND 2052 S. GARLAND AVE./LIFESOURCE, 600): Page 11 Forwarded RZN 12-4252: Rezone (W. CENTER ST. AND S.W. CORNER OF DUNCAN AVE./ECO NEW, 483/522): Forwarded Page 12 RZN 12-4250: Rezone(CITY PARKLAND): Forwarded Page 13 December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 1 of 14 Planning Commission November 26, 2012 Page 2 of 13 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Matthew Cabe Kyle Cook Sarah Bunch Craig Honchell William Chesser Blake Pennington Porter Winston Ryan Noble STAFF PRESENT Quin Thompson Jesse Fulcher Andrew Garner CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Cabe were present. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 2 of 14 Planning Commission November 26, 2012 Page 3 of 13 Consent. Approval of the minutes from the October 22, 2012 and November 13, 2012 meetings. Motion• Commissioner Chesser made a motion to approve the consent agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 3 of 14 Planning Commission November 26, 2012 Page 4 of 13 Old Business: ADM 12-4260: Administrative Item (4703 N. CROSSOVER RD./FAYETTEVILLE FARMER'S MARKET,099): Submitted by LORI BOATRIGHT for property located at 4703 NORTH CROSSOVER ROAD. The property contains approximately 37 acres and is zoned R-A, RESIDENTIAL- AGRICULTURAL.The request is an amendment to the approved CUP 10-3551 to allow a tent and additional days and hours of operation for the Fayetteville Farmer's Market Botanical Garden site. Andrew Garner, Senior Planner, gave the staff report. Lori Boatright, applicant, was present for questions. No public comment was presented. Commissioner Hoskins discussed concerns with using public property for this use and concerns with maintenance of the tent and erosion for vehicles driving around the tent. Lori Boatright, applicant, responded that they will not have staff there at all times to monitor the tent. She discussed that they will continually monitor the grounds to make sure there are no erosion issues. Commissioner Hoskins asked about the types of events that would be held at the tent. Lori Boatright, applicant, discussed the types of events that would be at the tent. Commissioner Cook discussed that he does not have the same concerns as Commissioner Hoskins. This is for a trial period so we should try it and see how it goes. It is reasonable to let them have a shot at it. Commissioner Chesser asked about revoking the conditional use permit. Kit Williams,City Attorney,discussed the revocation process for a conditional use permit.He discussed that the commission may want to modify condition of approval No. 2 to extend the trail period during the busy times of the farmer's market. Alison Jumper, Park Planner, discussed that the Parks Board recommended a six-month trial period. Williams discussed that if it were modified to extend the trial period staff could bring the item back to the commission any time during that trial period, and would not have to wait until the end of the trial period if there were any problems. Motion: Commissioner Chesser made a motion to approve ADM 12-4260 with the following changes to the conditions of approval as listed in the staff report: • Striking the word"Revised" above the conditions of approval and replacing it with the word "Additional"; • Modify condition of approval#2 to extend the trial period until March 31, 2014; and • Adding condition of approval #6, stating that"The tent may be required to be moved of removed by the Planning Commission if they find that there are reasonable grounds to do so, including, but not limited to nuisance, damage to property, or other unsafe conditions" December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 4 of 14 Planning Commission November 26, 2012 Page 5 of 13 Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. New Business: ADM 12-4262: Administrative Item (2742 N. SHERYL AVE./HENDRIX, 291): Submitted by JOE HENDRIX for property located at 2742 NORTH SHERYL AVENUE.The property contains approximately 1.03 acres and is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE.The request is a variance from the Unified Development Code (UDC), Chapter 164.19 Accessory Dwelling Units. No public comment was presented. Motion: Commissioner Cook made a motion to table ADM12-4262 until 12-10-12. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 5 of 14 Planning Commission November 26, 2012 Page 6 of 13 CUP 12-4249: Conditional Use Permit(207 W.WATSON ST./COLLIER,484): Submitted by KAREN KING for property located at 207 WEST WATSON STREET.The property is zoned MSC,MAIN STREET CENTER and contains approximately 0.27 acres. The request is for a conditional use permit for an off-site gravel parking lot. Jesse Fulcher, Current Planner,read the staff report. No public comment was presented. Mel Collier,applicant,stated that the house that was removed was uninhabitable.The gravel area is currently used for parking for the tenants next door.No trees were removed,just underbrush.We've been approached by area businesses who want to use the property for parking. Commission Winston asked about previous temporary parking lots. Fulcher stated that there have been a few instances where a temporary parking lot was supported. Commission Hoskins asked about grading permits and tree removal. Fulcher stated that the applicants started the initial work without permits.City staff had the owner address the situation,including raising a storm drain inlet. The removal of trees could become an issue if the property is developed in the next five years. Commission Winston asked if there was a development option staff would support. Fulcher discussed why staff couldn't support a gravel parking lot in this location. Commissioner Honchell asked for a further explanation on the use of the property. Andrew Garner,Senior Planner,explained that the parking lot was created without the necessary approvals, which is why the applicant is before the Commission. Collier stated that they have never received a violation letter and that the property was not being used as a commercial parking lot. Commissioner Honchell asked if the applicant had any concerns with the conditions of approval. Collier stated that trees were planted two months ago. I don't see a reason to pave the lot. Commissioner Honchell stated that the concern is this will become a permanent temporary parking lot. Commission Winston asked if there was a time frame for the property. Collier mentioned a public/private partnership with the parking lot. Kit Williams, City Attorney, stated that the request before the Commission is the conditional use permit. Commissioner Hoskins stated that he understood staff s concerns with the gravel parking lot. Maybe the December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 6 of 14 Planning Commission November 26, 2012 Page 7 of 13 applicant should complete the landscaping and sidewalk now and require the pavement in one year. Collier stated that the existing sidewalk was in good condition. Fulcher stated that the existing sidewalk was only three feet wide, but that it was in good condition. Commissioner Chesser asked how long the parking lot had been used. Collier stated this year. Commissioner Chesser stated that he was concerned with creating an incentive to develop properties into gravel parking lots. Commissioner Winston stated that he was concerned that if it is developed as a permanent(paved)parking lot, then it is unlikely that it will be redeveloped. Garner stated that the previous temporary parking lots that were approved in downtown have had many problems. Staff had had to mail violation letters and in one case,call on the landscape bond,which required city staff to complete the landscape installation. The amount of money did not cover the entire project. Williams stated that these other parking lots went on too long.There needs to be a drop-dead end date for this particular application if it is approved. Commissioner Cook stated that he agreed with Commissioner Chesser.A commercial parking lot should be built to all code requirements.The past experiments(with temporary parking lots)have not turned out good. Commissioner Chesser informed the applicant that they can use the property for parking four or less vehicles and not pave the lot. Collier stated that he came for a yes or no decision on the parking lot. Motion#1 to approve: Commissioner Chesser made a motion to approve the off-site parking lot with all improvements recommended by staff. Commissioner Cook seconded the motion. Commissioner Winston asked if there was an avenue for temporary parking. Fulcher stated that there are exemptions for Razorback events in Chapter 172. Commissioner Hoskins asked for clarification on staff s recommendation. Fulcher stated that there are two questions for the Commission; 1)should an off-site parking lot be approved on this property; and if so, 2)what should those improvements be? Commissioner Hoskins stated that he supported the parking lot on this property. Williams informed the commissioners that they could divide up the conditions and vote on them separately. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 7 of 14 Planning Commission November 26, 2012 Page 8 of 13 Motion#2 to amend conditions: Commissioner Hoskins made a motion to amend the conditions of approval to allow the gravel parking lot for one year. After a year the request shall return to the Planning Commission. No improvements shall be required other than a concrete apron through the right-of-way and perimeter landscaping along the street including trees and shrubs. Landscaping shall be installed immediately. Commissioner Honchell seconded the motion. Upon roll call the motion to amend passed with a vote of 5-3-0 (Chesser, Pennington and Cook voting `No'). Motion#3 to approve as amended: Commissioner Hoskins made a motion to approve CUP 12-4249 as amended. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 5-3-0 (Chesser, Pennington and Cook voting `No'). December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 8 of 14 Planning Commission November 26, 2012 Page 9 of 13 CUP 12-4255: Conditional Use Permit (4618 N. COLLEGE AVEJARK HELICOPTERS, 096): Submitted by CAMRON MCAHREN for property located at 4618 NORTH COLLEGE AVENUE. The property is zoned C-2,THOROUGHFARE COMMERCIAL and R-A,RESIDENTIAL-AGRICULTURAL and contains approximately 17.55 acres. The request is to allow helicopter rides year-round at Mae Farm, Use Unit 2, City-wide uses by conditional use. Andrew Garner, Senior Planner, gave the staff report. Camron McAhren, applicant,gave a presentation discussing the details of their request and their operations. Public Comment: John Pumphries,Manor Circle,said the helicopter does not sound like a vacuum cleaner,it is much louder.If this is allowed every summer why is it not a conditional use? Claudia Mobley, 1454 Churchill, discussed that the helicopter business has tried to avoid routes over their neighborhood,however,during March—October when they are asking for the permit is when I am outside and would be bothered most by the helicopter rides. She discussed concerns with noise,the location of the proposed rides, and incompatibility with the surrounding residents and parks. Cynthia Hasselhoff, Steward at Mae Farm, discussed that the helicopters try to be safe. They have changed their rates to avoid neighborhoods. She also discussed the sales tax revenue. Dan Warford,neighbor,referred to a letter that he submitted to the commission.He doesn't feel this is safe.He discussed concerns with the proximity of parks and other public activity and impacts from helicopter noise and safety related to the parks and fishing on the lake. He has heard from a few people on the lake that they don't like it.People will not want to hear the helicopters at the park. Debbie Smith, lives on Regency, does not appreciate listening to helicopter noise, discussed that she bird- watches at the park and they disturb the peace and serenity of the park and will disturb birds from coming back. James Cherry,is in favor of helicopters.You should expect noise in a City.During Bikes Blues and Barbeque it is noise and the helicopter is not more noise than motorcycles. No more public comment was presented. Commissioner Hoskins as the applicant about the sales tax numbers. Camron McAhren, applicant,discussed that he received the numbers from his accountant.He also indicated willingness to compromise his seasonal operation. Commissioner Hoskins indicated that as he stated last year when this permit was before them:he can't think of a worse use in a worse location. Commissioner Honchell discussed that he will not support the request.He agreed with the comments from Mr. Warford. This is not a similar noise to a vacuum cleaner. Commissioner Chesser discussed that this use is not comparable to a commercial or hospital air evac use,or a vacuum cleaner. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 9 of 14 Planning Commission November 26, 2012 Page 10 of 13 Motion• Commissioner Hoskins made a motion to deny CUP 12-4255. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 10 of 14 Planning Commission November 26, 2012 Page 11 of 13 RZN 12-4253: Rezone(1932 AND 2052 S. GARLAND AVE./LIFESOURCE, 600): Submitted by THE CITY OF FAYETTEVILLE for property located at 1932 AND 2052 SOUTH GARLAND AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 3.64 acres. The request is to rezone the subject property to P-1, INSTITUTIONAL. Andrew Garner, Senior Planner, read the staff report. No public comment was presented. Motion: Commissioner Cook made a motion to forward RZN12-4253 to the City Council. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 11 of 14 Planning Commission November 26, 2012 Page 12 of 13 RZN 12-4252: Rezone(W. CENTER ST.AND S.W. CORNER OF DUNCAN AVE./ECO NEW, 483/522): Submitted by JORGENSEN AND ASSOCIATES for properties located on WEST CENTER STREET AND SOUTHWEST CORNER OF DUNCAN AVENUE. The properties are zoned RMF-40, RESIDENTIAL MULTI-FAMILY,40 UNITS PER ACRE and contain approximately 2.75 acres. The request is to rezone the properties to DG, DOWNTOWN GENERAL. Quin Thompson, Current Planner, gave the staff report. Seth Mims, applicant, discussed the benefits of the DG zoning district. Public Comment: Michael Lolley, neighbor, spoke in support of the request. Mark Cloud,USGBC Chair, spoke to the quality of the past project developed by the applicant, and said he supported the request. Hugh Earnest, Fayetteville resident, spoke in support, and asked the PC to support the request. Jennifer Goodwin, neighbor, spoke in support of the request, she said that the Eco-Modern project had improved the neighborhood. Kristen Poehlcamp, resident of Eco-Modem Flats, spoke in support of the request and the quality of the environment in her development. Charles Brickey,neighbor, said that he supports the request and the [presumed] future development. Doug James,neighbor(resident of Duncan St)said that he knew of only 4 owner occupied homes in the area, the remainder being rental property. He stated his support for the request. No more public comment was presented. Commissioner Cook stated that the DG zoning designation would be appropriate in this location. Motion: Commissioner Cook made a motion to forward RZN12-4252 to the City Council. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 12 of 14 Planning Commission November 26, 2012 Page 13 of 13 RZN 12-4250: Rezone(CITY PARKLAND): Submitted by THE CITY OF FAYETTEVILLE for properties located at VARIOUS LOCATIONS THROUGHOUT THE CITY. The request is to rezone 15 city parks to P-1, INSTITUTIONAL. Andrew Garner, Senior Planner, gave the staff report. Carole Jones,Park Planner, discussed the proposal and was present for any questions. Public Comment: Rebeccah Morrison, lives near the park on Dartmouth, discussed that she was interested and that the park compliments the area. No more public comment was presented. Motion: Commissioner Chesser made a motion to forward RZN12-4250 to the City Council. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 5-0-0. There being no further business, the meeting was adjourned at 9:00 PM. December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 13 of 14 December 10,2012 Planning Commission PC Minutes 11-26-2012 Agenda Item 1 Page 14 of 14 • Faye evl e PC Meeting of December 10, 2012 ARK>�N SAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: December 5, 2012 ADM 12-4262: Administrative Item (2742 N. SHERYL AVE./HENDRIX,291): Submitted by JOE HENDRIX for property located at 2742 NORTH SHERYL AVENUE. The property contains approximately 1.03 acres and is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE. The request is a variance from the Unified Development Code (UDC), Chapter 164.19 Accessory Dwelling Units. Planner: Jesse Fulcher BACKGROUND The subject property is located at 2742 N. Sheryl Avenue on an approximately 1-acre site in the Westwind Subdivision. This subdivision was platted in the 1970's as a Planned Unit Development (PUD) with large lots on a densely wooded hillside/hilltop. The subject property is developed with a single-family home that is accessed by a narrow, steep driveway. The applicant submitted a building permit for an accessory dwelling unit, combining garage space on the ground floor and living space on the second. Pursuant to Chapter 164.19, an accessory dwelling unit may be permitted by right in the RSF-4 zoning district subject to a variety of design and development standards, including a maximum size of 600 square feet of living space. The proposed structure exceeded the 600 square foot limit and could not be approved administratively by staff. Proposal: The applicant is requesting approval of two variances to allow construction of an accessory dwelling unit on the property. The first is to allow the square feet of living space to be increased to 1,400 square feet, to accommodate a single bedroom, living room, kitchen and bathrooms. The second variance is to allow the applicant to tie the new water and sewer service for the building into the existing house lines. The accessory dwelling unit ordinance requires these services to be metered separately from the principal residence.The requirement for separate water and sewer taps was included in the ADU regulations primarily for purposes of enforcement, as Chapter 164.19(J)permits the City to turn 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. G:IETCI Development Services Reviewl20l2iDevelopment ReviewV 2-4262 ADM 2742 Shery1120-Planning Commission112-10-121 Comments and Redlines December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 1 of 26 Pursuant to 164.19 the Planning Commission may approve a variance from the maximum 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. The Planning Commission may also grant a variance from the requirement for separate water and sewer taps if a hardship exists, such as difficult access or topography. RECOMMENDATION Recommendation: Staff s recommends in favor ADM 12-4262 subject to the following conditions: Conditions of approval 1.Planning Commission determination of a variance to allow a 1,400 square foot accessory dwelling unit. Staff finds that the additional square footage being requested, above the 600 square feet allowed, will not have an adverse impact on surrounding properties, in this instance. To further ensure that the new building is adequately screened from adjacent residences,staffrecommends that the applicant plant a combination ofevergreen and deciduous trees to the east/southeast and west of the building. Staffwill evaluate site lines to adjacent residences after construction is complete and determine at that time where new trees shall be planted. A landscape plan shall be submitted for review and approval. 2. Planning Commission determination of a variance from the requirement for separate water and sewer taps. Staff does not recommend separate water and sewer taps for this property,finding that the distance(approximately 330 feet)and steep, wooded topography would require extensive land disturbance and tree removal, and would be a hardship to the property owner. 3. Approval of the variance request does not imply approval of the final building design. Development of the accessory dwelling unit shall be subject to all applicable standards of Chapter 164.19 (attached). 4.Prior to building permit approval a property line adjustment shall be completed and filed of record to combine both subject parcels into one lot. Planning Commission Action: Cl Forwarded O Denied Motion: Second: Vote: Meeting Date: December 10,2012 GAETCIDevelopmenl Services Review120121Developmenl ReviewU2-4262 ADM 2742 Sheryl20-Planning CommissionV2-10-121Commeno and Redlines December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 2 of 26 TITLE XV UNIFIED DEVELOPMENT CODE 164.19 Accessory Dwelling Units (ADU) (2) RSF — 0.5 Residential Single Family — One Half Unit per Acre (A) Purpose. The purpose of the accessory dwelling unit ordinance is to authorize accessory dwelling (3) RSF — 1 Residential Single Family — One units in certain zoning districts on lots already Unit per Acre developed or that will be developed concurrently with single-family dwellings. (4) RSF — 2 Residential Single Family — Two Units per Acre (B) Intent. Planning Staff shall evaluate the following criteria for the review and approval of an (5) RSF — 4 Residential Single Family — Four accessory dwelling unit application: Units per Acre (1) Exterior design of the accessory dwelling (6) RSF — 7 Residential Single Family — Seven unit should be compatible with the principal Units per Acre dwelling unit through architectural use of building forms, height, construction (7) RSF — 8 Residential Single Family — Eight materials, and colors. Units per Acre (2) The property shall have infrastructure(water, (8) NC Neighborhood Conservation sewer, gas, electric, etc.) that meets City standards to serve the accessory dwelling (D) Administrative Design Review and Approval. All unit. accessory dwelling units shall meet the following standards for administrative approval by the (3) The location and design of the accessory Zoning and Development Administrator. Prior to dwelling unit shall meet the required approval of an accessory dwelling unit, the setbacks of the zoning district. Zoning and Development Administrator shall find that: (4) A two-story accessory dwelling unit should generally limit the major access stairs, (1) Maximum Square Feet and Number of decks, entry doors, and major windows to Bedrooms. The accessory dwelling unit shall the walls facing the principal dwelling, or to not be greater than 600 square feet of the alley if applicable. Windows that impact habitable space with a maximum of one the privacy of the neighboring side or rear bedroom. Detached accessory dwelling units yard should be minimized. The design of the located above garage space shall be accessory unit should relate to the design of permitted so long as they meet the height the principal residence and not visually requirement herein. dominate it or the surrounding properties. (2) Zoning. The accessory dwelling unit shall (5) The orientation and location of buildings, comply with all underlying zoning structures, open spaces and other features requirements including but not limited to of the site should protect and maintain building area, bulk and area, and setbacks natural resources including significant trees with the exception of density. and shrubs to the extent feasible and minimize alteration of natural land forms. (3) Parking. One parking space shall be Building profiles, location and orientation provided on-site for each accessory dwelling should relate to natural land forms. unit. Required parking for the accessory dwelling unit is in addition to the required (6) The site plan should incorporate low impact parking for the principal dwelling unit. On- storm water mitigation techniques, such as street parking may be counted towards the cisterns, rain barrels, permeable pavers, rain total parking requirement where it is allowed gardens, indigenous plants and landscape in the public right-of-way adjacent to the berms. subject property. (C) Permitted Zoning Districts: Accessory dwelling (4) Existing Development on Lot. A single-family units shall be exempt from the density dwelling shall exist on the lot or shall be requirements of the underlying zoning district and constructed in conjunction with the shall be permitted by- right on lots containing accessory dwelling unit. No building permit 5,000 square feet or more in the following Zoning shall be issued until this requirement is districts: satisfied. (1) R-A Residential Agricultural CD164:11 December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 3 of 26 Fayetteville Code of Ordinances (5) Maximum Number of Accessory Dwelling trees were removed in an attempt to Units per Lot. A maximum of one accessory thwart the intent of this ordinance prior dwelling unit shall be permitted for each lot. to application for an accessory dwelling unit, the application shall not be (6) Other Code Requirements. The accessory approved administratively. dwelling unit shall comply with the requirements of the City of Fayetteville (12)Building Height and Stories. Uniform Building Code. (a)A one-story detached accessory dwelling (7) Water and Sewer. Water and sewer service unit shall be a maximum of 20 feet in for the accessory dwelling unit shall be height to the roof peak measured from connected directly to the pubic water and the existing adjacent grade. sewer system, where reasonably accessible in accordance with all applicable regulations, (b) A detached accessory dwelling unit and shall be metered separately from the above one story shall be a maximum of principal residence. 25 feet in height to the roof peak measured from the existing adjacent (8) Occupancy. The property owner must grade. permanently occupy either the principal or accessory dwelling unit. (c) An attached accessory dwelling unit may occupy a first or second story of a (9) Maximum Occupancy of the Accessory principal dwelling unit and shall not in Dwelling Unit. A maximum of two persons any instance be taller than the roof line shall reside in an accessory dwelling unit. of the principal dwelling unit. (10)Registration of Dwelling Units. The principal (13)Building Design. The architectural design of and accessory dwelling unit shall be the accessory dwelling unit shall relate to the registered on an annual basis, from the date design of the principal dwelling by the use of of approval, with the Planning Division to similar exterior wall materials, window types, verify occupancy requirements. door and window trims, roofing materials and roof pitch. The following materials must be (11)Tree Preservation. To protect existing tree submitted for review of an application: canopy to the greatest extent possible, prior to application for an accessory dwelling unit, (a) A material sample board indicating type the applicant shall consult with the Urban of materials and colors to be used on Forester, to prepare a site plan illustrating the exterior of the building. the location of all significant trees. All significant trees on the property shall be (b) An architectural elevation drawing of all adequately protected during construction. sides of the proposed structure. Any proposed removal of significant trees on the site will require the following of the (c) Images or architectural elevations of the property owner: principal dwelling unit. (a) The applicant must show that the (E) Site Plan Requirements. Three sets of detailed removal of a significant tree or trees is site plans are required with the following necessary in order to locate the information: accessory dwelling unit on the lot and also meet all contributing location (1) Scale no smaller than 1" = 30' (one inch requirements such as building setbacks, equals thirty feet) utility or drainage easements, topography, etc. (2) A north arrow (b) For every significant tree removed the (3) Property lines property owner shall replace said tree with a total of two (2) two-inch caliper (4) Locations and dimensions of all rights-of- large species shade trees from the list of way, utility, drainage and tree preservation approved tree species in a location easements,and building setbacks deemed appropriate by the Urban Forester. (5) All existing and proposed structures with accompanying uses (c) Should the Urban Forester find justifiable cause to determine a significant tree or (6) Size of parcel in square feet or acres. CD164:12 December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 4 of 26 TITLE XV UNIFIED DEVELOPMENT CODE constructed shall be considered a legal (7) Size of all existing and proposed structures conforming accessory dwelling on the in square feet property. Property owners shall register the principal and accessory dwelling on an (8) Name of the applicant or property owner, annual basis with the Planning Division. plan preparer, project name and project address in a title block (2) Nonconforming Units. Existing detached second dwelling units that were not (9) Pertinent special features such as drainage approved by the Planning Commission shall features, berms,fences,and retaining walls be considered nonconforming. An application for administrative approval may (10)Parking areas, including driveways, with be made to convert an existing paving materials and dimensions nonconforming detached second dwelling unit to a conforming legal detached second (11)A landscape plan showing the location of all dwelling unit, where the existing unit can proposed landscaping, size of plant meet the requirements herein. Where an materials and species existing nonconforming second dwelling unit exists as of the date of the adoption of this (12)Tree protection plan including all significant ordinance that can not meet the trees and protection measures requirements herein,the applicant may apply for a variance of the requirements stated. (F) Deed Restrictions. Before obtaining a building permit for an accessory dwelling unit the property (1) Non-Conforming Structures. Non-conforming owner shall file with the Washington County structures may not be converted into an Clerk's Office a declaration of restrictions accessory dwelling unit unless a variance has containing a reference to the deed under which been granted by the Board of Adjustment. the property was acquired by the present owner and stating that: (J) If the property owner no longer resides on the property, the owner shall remove the cooking (1) The accessory dwelling unit shall not be sold facilities from the Accessory Dwelling Unit or the separately from the principal residence. City shall turn off water service to the Accessory Dwelling Unit. (2) The accessary unit is restricted to the approved size. (K) Violation. Violation of the requirements herein shall be prosecuted to the maximum extent of the (3) The property owner shall at all times reside law. on the property. (Ord.5128,4-15-08) (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 CD164:13 December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 5 of 26 Joe D. Hendrix 2742 N Sheryl Ave Fayetteville AR 72703 RE: Request for Variance Planning Commission Chair and Members of the Planning Commission, I would like to make request for a variance with regards to item 164.19 of the Fayetteville Unified Development Code. This pertains to the permitting and construction of an Accessory Dwelling Unit or ADU. The variance requests are: Fri • A square footage variance or square feet. The current allowance for an ADU is 600 square feet and our proposal is 'Tsquarc feet. • To allow the ADU to run on the same n1fer and sewer raps as the existing residence. We would ask the Chair and Members of the Planning Commission to please consider our request based in part for the following reasons: • The existing residence is difficult to manage from a parking and logistics standpoint. We have an existing two car garage but there is very little parking near or around our residence. The drive is over 400' long in total and is very steep making parking at the street a terrible option. When we have family or guests over, we are constantly having difficulty with a lack of space to put cars. Additionally, cars are parked in a linear, front to back way and it is very difficult to move them -around at times. There was an attempt to make additional room for parking but because of the grade, it is not useful. • I constantly use a work truck and trailer for my occupation and this makes a bad situation worse with regards to parking. By allowing us the additional space, 1 can park in the ADU with the trailer and still have additional space for negotiating the driveway. • At some point, our two kids will be driving and we simply will run out of space. • The proximity to the street makes it difficult to run separate sewer and water to the ADU. In addition to the distance, the grade is very steep and running the ADU from the existing residence would be much more cost effective. • Our combined lots are more than 1 acre. If the standard lot size in the heart of the city is 1/4 to 1/3 of an acre, our proposed ADU is .proportionally smaller to our total lot size than the size allowed by right on a standard lot size. • Because of our proximity to the street, the ADU and the existing residence are hidden from view and would not present any change to the look of the area. Subjectively, we would ask the Chair and Members of the Planning Commission to consider our request based in part on the following reasons: December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 6 of 26 • Our family is centrally located to our other family members who are located in LA,CA, FL and IA. hence we have become the gathering spot For most any special occasion and all holidays_ While we welcome and encourage this, it is difficult for the aforementioned reasons. With the additional space, we will be able to adequately accommodate our family members. • We have the only grandchildren with basically four separate sets of grandparents. The extra living space will be hugely bcneticial to us for visits involving ovetnightstays. I have included photos and aids for discussion and your review. In addition, I've included the site plan. The site plan has already gone through the city for approval of tree removal and drainage. It is our intention to combine the two lots and restore the lot to its original status. We arc committed to doing any additional survey work to comply with all city development regulations. My wife and I sincerely appreciate the consideration given to this matter. kDflcndrix December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 7 of 26 a m a a a a s t N e 0,. o m a x a �+ a h0 y E C E v E o v = a r 3 a u eo m a — � 3 m o � 3 � o � 3 3 A I W i 1 — v N r N07ClkEft9-t' December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 8 of 26 r u r L= 1 \l l December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 9 of 26 -9101; ii 90E OBOE 0906 B90E _"N-( OB.O�£sa 0900 090E w d _— M b � SOL e9rz v eB�u Ll m T BBOB ---- ---- - ----IsE December 10,2012 Planning Commission ADM 12-10-2012 Agenda Item 2 Page 10 of 26 — - Nvld Nouvnaasaad anal r nm n rnnu,an ONtl Ntlld 3115 saoe3nans UVV7 - 3933NIDN3 7VN0/Sssioud - SVSNVAaV'3111A3113AVd = F dd 'S31b'IOOSSv 8 ME] 1N3NdO13A30 X1 0N3H E i WO 1, `w v ` ---- P5, 3 Jar\ Y oa Ew w On 120 l 110 bs n + y p, s an t M + t � E � f P j Or 01 ! i Planning Commission , Agenda Item 2.P,..�.,,.0,7,� Page 11 of 26 " " ""'d'" NVId NORMn213S3bd eeeo-zes is Wd9.9soso -xvceo lseo)rd cOZZI 9v'31lin3ii3Avd (INV NVId 311S o 3iins is 3tlMVOAS M>zs SY0A9AWl)S OMV7 '33MIOM3 7VMOISS,7909d SVSNVAHV '3IIVA31 EUMOOSSb"8 M318 1N3Wd0]9A30Md RUM ap � HIM � QQ gS S �a = app e vase ga(sQgoae�ffe K,�oa°4Q44(4( °04 w� DODO 00110 + °V 0. �� s g s��gss �ossS au°U'°�guU'V°U'�o°� gSo� °uapSO Ho��y��x��x��og�oa�� pe�s��• yoo y�iO.,- i�i`W'��_:�Y Y��mku"�u uze u�q u-��'uu4YS°F434��3u�''S�3zu �¢� tt ] ] eAe M co Al N av 0 'rc a rc v a01 \ Ile 000, N W \ s 9S-90�pes CT X00 s M 00 O m bd x 4 0 � N � r � LO M NJtl8135 3015.5 M — — m 12 r .996EL M.009E.00N Pla Commission OAD 012 '7 Agen R&M Page 12 of 26 � �co N WW2WU 'E >9@o FNwOr�w Nos _ _ _ 0--aoEn�L OF w0. e�ov x-- os A'sgA E of 3a""> E�sa psi="&'v�6 �.3`�^•i 3�u. 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