HomeMy WebLinkAbout2013-04-08 - Agendas - Final Planning Commission Planning Commissioners
Officers Blake Pennington
William Chesser
Craig Honchell, Chair Ron Autry
aTyve ev1ile
Ryan Noble
Kyle Cook,Vice-Chair Porter Winston
Tracy Hoskins
Sarah Bunch, Secretary ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
April 08, 2013
A meeting of the Fayetteville Planning Commission will be held on April 8, 2013 at 5:30 PM in Room 219 of the City
Administration Building located at 113 West Mountain Street,Fayetteville,Arkansas.
Call to Order
Roll Call
Agenda Session Presentations, Reports and Discussion Items
Consent.
1. Approval of the minutes from the March 25, 2013 meeting.
2. ADM 13-4356: Administrative Item (INTERSECTION OF N. HUGHMOUNT RD. & W. MT.
COMFORT RD./HUGHMOUNT VILLAGE, 282): Submitted by ENGINEERING DESIGN ASSOCIATES for
property located on NORTH HUGHMOUNT ROAD, NORTH OF WHEELER ROAD (FORMERLY CHERRY
HILLS SUBDIVISION). The property is in the PLANNING AREA and contains approximately 54.13 acres. The
request is for a major modification to the approved Preliminary Plat 13-4304 Hughmount Village, increasing the
number of single family lots from 129 to 132. Planner: Jesse Fulcher
Old Business:
3. ADM 13-4330: Administrative Item (SW CORNER 15 To STREET AND RAZORBACK ROAD, 599):
Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK
ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a
variance of the Streamside Protection Zones. Floodplain Administrator: Sarah Wrede Planner: Andrew Garner
STAFF AND THE APPLICANT RERQUEST THIS ITEM BE TABLED UNTIL THE APRIL 22,2013 MEETING
4. ADM 13-4353: (FORM BASED CODE AMENDMENTS): Submitted by CITY PLANNING STAFF. The
request is to amend Chapters 151, 161, 164 and 172 to clarify build-to zone requirements, modify building height in
certain zoning districts, and provide design requirements for auto-oriented commercial facilities. Planning Staff
New Business:
5. ADM 13-4355: Administrative Item (11 N. COLLEGE AVE./FIRST SECURITY BANK, 484): Submitted by
ENGINEERING SERVICES, INC. for property located at 11 NORTH COLLEGE AVENUE. The property is zoned
DC, DOWNTOWN CORE and contains approximately 0.55 acres. The request is for a variance of the Downtown
Design Overlay District. Planner: Jesse Fulcher
6. ADM 13-4344: Administrative Item (617 N. COLLEGE AVEJNOW AND THEN BOUTIQUE, 445):
Submitted by CLARA PETERS for property located at 617 NORTH COLLEGE AVENUE. The property contains
approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a variance allow for
a temporary retail structure (airstream trailer) to remain on the property for longer than 90 days.
THIS ITEM IS REQUIRED TO BE TABLED UNTIL THE APRIL 22, 2013 MEETING IN ORDER TO MEET PUBLIC
NOTIFICATION REQUIREMENTS Planner: Andrew Garner
7. ADM 13-4358: Administrative Item(830 N. PEMBROKE RD./WALKER,448): Submitted by TIM WALKER
for property located at 830 NORTH PEMBROKE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE and contains approximately 0.37 acres. The request is for an access management
variance for a new single family residence to access a Collector Street when the property also has street frontage onto
a Local Street. Planner: Quin Thompson
8. RZN 13-4334: Rezone (2925 OLD MISSOURI RDJGOOD SHEPHERD, 253): Submitted by DEMX
ARCHITECTURE for property located at 2925 OLD MISSOURI ROAD. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.38 acres. The request is to
rezone the property to P-1, INSTITUTIONAL. Planner: Andrew Garner
The following item has been approved administratively by City staff.
LSP 13-4296: Lot Split (1408 WEST CARTER ST/MARKS, 404): Submitted by BLEW AND ASSOCIATES for
property located at 1408 WEST CARTER STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY,4 UNITS PER ACRE and contain one lot totaling 0.20 acres. The request is for a lot split resulting into two
tracts of approximately 0.10 and 0.10 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
March 25, 2013
Page I of 9
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on March 25, 2013 at 5:30 p.m. in
Room 219, City Administration Building in Fayetteville,Arkansas.
ITEMS DISCUSSED ACTION TAKEN
Consent.
MINUTES: March 11, 2013 Approved
Page 3
ADM 13-4354: Administrative Item (800 W MAPLE ST./KAPPA KAPPA GAMMA,444):
Page 3 Approved
Old Business:
PPL 13-4312: Preliminary Plat(S. OF GULLEY RD.AND E. OF N. OAKLAND-ZION
RD./BUFFINGTON S/D, 176):
Page 4 Denied
New Business:
CUP 13-4333: Conditional Use Permit(1650 N.WHEELER RD./MCNAIR,407):
Page 5 Approved
ADM 13-4330:Administrative Item(SW CORNER 15TH STREET AND RAZORBACK ROAD,599):
Page 6 Tabled
ADM 13-4345: Administrative Item (1326 N. TRINITY DR./HAWG DWELLINGS,399):
Page 7 Withdrawn
ADM 13-4353: (FORM BASED CODE AMENDMENTS):
Page 8 Tabled
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 1 of 10
Planning Commission
March 25, 2013
Page 2 of 9
MEMBERS PRESENT MEMBERS ABSENT
Tracy Hoskins (present after consent agenda) Sarah Bunch
Kyle Cook Ryan Noble
Craig Honchell
William Chesser
Blake Pennington
Porter Winston
Matthew Cabe
STAFF PRESENT
Quin Thompson
Andrew Garner
Glenn Newman
Sarah Wrede
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM-Planning Commission Chairman Craig Honchell called the meeting to order.
Chairman Honchell requested all cell phones to be turned off and informed the audience that listening
devices were available.
Upon roll call all members except Noble,Hoskins and Bunch were present.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 2 of 10
Planning Commission
March 25, 2013
Page 3 of 9
Consent.
Approval of the minutes from the March 11, 2013 meeting.
ADM 13-4354:Administrative Item(800 W MAPLE STJKAPPA KAPPA GAMMA,444): Submitted by
RETAIL REALTY GROUP, LLC for property located at 800 W MAPLE STREET. The property is zoned
RMF-40,MULTI-FAMILY RESIDENTIAL,40 UNITS PER ACRE and contains approximately 6 acres.The
request is for a variance from chapter 166.23 Urban Residential Design Standards.
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 6-0-0.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 3 of 10
Planning Commission
March 25, 2013
Page 4 of 9
Commissioner Hoskins arrived.
Old Business:
PPL 13-4312: Preliminary Plat (S. OF GULLEY RD. AND E. OF N. OAKLAND-ZION
RD./BUFFINGTON S/D, 176): Submitted by JORGENSEN AND ASSOCIATES for property located
SOUTH OF GULLEY ROAD AND EAST OF NORTH OAKLAND-ZION ROAD. The property is in the
PLANNING AREA and contains approximately 26.51 acres.The request is for a residential subdivision with 43
single family units and a community septic system.
Andrew Garner, Senior Planner, read the staff report.
Jared Ingram of Jorgensen Associates was present to answer questions.
Colleen Gaston asked whether the septic system and leach field location was appropriate in relation to a creek,
which is a Mud Creek tributary at the south portion of the property.
Aubrey Shephard stated that he feels it is appropriate to assess impact of this development on the watershed.
Glen Newman,staff engineer,said that the septic system would be of a common type of gravity system with a
pumping station and septic field.He showed the proposed location,and demonstrated that it was not proximate
to the creek.
William Chesser,Planning Commissioner,said that it is important to guarantee future sidewalk construction to
City standards. He stated that the street stub out and associated bridge should be assesses as recommended by
staff, and that in his opinion 50% of the estimated cost is a fair share for the developer to pay at this time.
Kyle Cook, Planning Commissioner, said that he was in agreement with Commissioner Chesser, that the
sidewalk should be bonded, and that the Commission should require assessment for future connectivity.
Matthew Cabe, Planning Commissioner, said that he agreed with previous comments, and that future street
connection should be required,adding that the assessment should be reviewed by the Planning Commission if
the adjacent property has not been developed within a specified period. He suggested a time period similar to
that required for off—site improvements.
Andrew Garner said that there is a 5 year time limit for required off-site improvements after which time an
assessment is reviewed for potential return to property owners,adding that it is not typical to return money for
required on-site development,which is considered a payment to the City for future construction.
Commissioner Chesser said that while the required stub-out connection and bridge are technically not off-site
improvements, in practice they are due to the location of the creek at the south property line.
Craig Honchell, Chair, stated that he agreed that sidewalks should be bonded.
Coleen Gaston said that this type of development is typically a package water treatment system with diffusion.
She indicated her concern about the preliminary nature of the design and the amount of land provided for this.
Glenn Newman said that the final design is typically approved at the time of construction.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 4 of 10
Planning Commission
March 25, 2013
Page 5 of 9
Andrew Garner noted that the design review is a State review process, and not reviewed by the City or
County.
Motion# 1:
Commissioner Winston made a motion to approve item 13-4312 with all staff recommended conditions of
approval, revising condition of approval No. 2 for the Planning Commission to be able to re-evaluate the
assessment for the south street stub-out after 8 years, at the request of the applicant/owner, if the street
connection with bridge has not been made;and determining on condition of approval No.3 that the sidewalks
may be guaranteed,not constructed,prior to final plat. Commissioner Cook seconded the motion.
Motion # 2:
Commission Chesser made a motion to amend motion #1, changing the time period for assessment review
from 8 to 10 years.Commission Hoskins seconded the motion. Upon roll call the motion passed with a vote
of 5-2-0,with Cabe and Pennington voting"no".
Upon roll call, amended motion #1 passed with a vote of 7-0-0.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 5 of 10
Planning Commission
March 25, 2013
Page 6 of 9
New Business:
CUP 13-4333:Conditional Use Permit(1650 N.WHEELER RD./MCNAIR,407): Submitted by BLEW
AND ASSOCIATES for property located at 1650 NORTH WHEELER ROAD.The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 8.93 acres. The
request is for a tandem lot associated with LSP 13-4326.
Quin Thompson, Current Planner, read the staff report.
Buckley Blew, applicant's representative, was present to answer questions.
Commissioner Winston asked what potential would be for additional lots if the CUP were approved.
Andrew Garner responded that that was no provision for additional lots to be split without a preliminary plat
and associated review process.
Motion#1:
Commissioner Chesser made a motion to approve CUP 13-4333. Commissioner Cabe seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 6 of 10
Planning Commission
March 25, 2013
Page 7 of 9
ADM 13-4330:Administrative Item(SW CORNER 15TH STREET AND RAZORBACK ROAD,599):
Submitted by Crafton & Tull for property located at the SW CORNER OF 15r'' STREET AND
RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres.
The request is for a variance of the Streamside Protection Zones.
Andrew Garner, Senior Planner,read the staff report.
Steven Beam and Derek Davisson, applicant's representatives,were present to support the request.
Beam said that his client purchased the property before the recession and received permission to build under a
PZD in 2007 before the Stream Side Ordinance was enacted. He said that the current project represents a
reduced encroachment into the stream side protection zones than the original designed, proposed before the
ordinance. He stated that further reduction of beds and parking space was not feasible,and that the new design
includes proposals for mitigation of any impacts into zones protected by the Stream Side Ordinance. He said
that the ordinance affects 37% of the site.
Davisson stated that the developer has attempted to meet current ordinances,but that due to the economy the
approved project was not built. He stated that his client wishes to develop the property to its `highest and best
use.'He notified that Commission of the applicant's intention to pursue approval, including a determination of
the constitutionality of City ordinances, and read legal arguments as required.
Aubrey Shepherd stated that in his opinion the`highest and best use' of the property may well be to leave it as
it is.He discussed several species that inhabit the site,including Milkweed and the Monarch butterflies that feed
on the plant annually.He reminded that Commission that the Stream Side ordinance is already a compromise by
Fayetteville citizens when compared to similar ordinances in other cities.
Colleen Gaston, Beaver Water District Representative, stated that the BWD has not completed a technical
review of the project,but was present to express support for the Stream Side Ordinance,"which has come under
attack tonight." She stated that variances should be the exception rather than the rule.
Commissioner Hoskins asked staff how much of the site is in the floodway.
Sarah Wrede,City Flood Plain Administrator, stated that the site is entirely in the flood plain,but that 3/4 acre
is affected by the ordinance in question, or approximately 17%of the site.
Beam stated that 25% of the site is unbuildable due to the ordinance, correcting his previous statement.
Hoskins asked if the property had changed ownership since 2007.
Beam said that it had not.
Commissioner Winston asked the height of the proposed buildings.
Beam said that they were to be 4 stories.
Kit Williams,City Attorney,asked whether structured parking had been considered in order to move parking
out of protected zones.
Beam answered that the 2007 project had included structured parking,but that it was not an affordable option.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 7 of 10
Planning Commission
March 25, 2013
Page 8 of 9
Williams noted that the property owner had one year from approval of the Stream Side Ordinance to develop
the property according to pre-ordinance regulations, and that development is not prevented on this site in
anyway by the ordinance.
Cook asked the applicant if there was room for negotiation in terms of units and parking space numbers.
Beam felt that there was not, according to instructions from his client, and requested a PC vote.
Newman reminded the Commission that the proposed design should be considered in the conceptual design
stage,that it had not been submitted for review by staff for complete review,citing concerns that Urban Forester
and Engineering reviews had not been completed.
Cook noted that variances have never to his knowledge been approved that encroached into the inner protection
zones of the Stream Side Ordinance.
Wrede asked for direction from the PC if they should vote to table the item in order to work out a compromise
with the applicant.
Chesser said that staff should prefer preservation of the Stream Side Ordinance to parking requirements.
Hoskins asked the applicant to move all parking spaces out of the Streamside Protection Zone.
Motion:
Commissioner Chesser made a motion to table ADM 13-4330. Commissioner Hoskins seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 8 of 10
Planning Commission
March 25, 2013
Page 9 of 9
ADM 13-4345: Administrative Item (1326 N. TRINITY DR./HAWG DWELLINGS,399): Submitted
by ELY CONSTRUCTION SERVICES LLC for property located at 1326 NORTH TRINITY DRIVE.
The property is zoned RT-12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately
0.25 acres. The request is for a variance to chapter 166.23 Urban Residential Design Standards.
THIS ITEM WAS WITHDRAWN
ADM 13-4353:(FORM BASED CODE AMENDMENTS): Submitted by CITY PLANNING STAFF.The
request is to amend Chapters 151, 161, 164 and 172 to clarify build-to zone requirements,modify building
height in certain zoning districts, and provide design requirements for auto-oriented commercial facilities.
Andrew Garner, Senior Planner, read the staff report.
Motion:
Commissioner Chesser made a motion to table ADM13-4353. Commissioner Cabe seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
There being no further business, the meeting was adjourned at 7:45 PM.
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 9 of 10
April 8,2013
Planning Commission
PC Minutes 3-25-2013
Agenda Item 1
Page 10 of 10
•
aye ev1 e PC Meeting of April 8, 2013
APKA NSAS
125 W. Mountain Sl.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: March 21, 2013
ADM 13-4356: Administrative Item (INTERSECTION OF N. HUGHMOUNT RD. & W. MT.
COMFORT RD./HUGHMOUNT VILLAGE, 282): Submitted by ENGINEERING DESIGN
ASSOCIATES for property located on NORTH HUGHMOUNT ROAD, NORTH OF WHEELER
ROAD(FORMERLY CHERRY HILLS SUBDIVISION).The property is in the PLANNING AREA and
contains approximately 54.13 acres.The request is for a major modification to the approved Preliminary
Plat 13-4304 Hughmount Village, increasing the number of single family lots from 129 to 132.
Planner: Jesse Fulcher
Findings:
Property description and background: The subject property is located on Hughmount Road,north of
Wheeler Road and within the Fayetteville Planning Area. The Planning Commission approved a
preliminary plat for a 129 lot subdivision on March 11, 2013.
Request: The applicant is requesting approval of a major modification to increase the number of
single-family lots from 129 to 132 (see attached). Gray Squirrel Drive and Chanel Drive will be
extended approximately 40 feet to the north to provide the necessary street frontage. These lots
already have water and sanitary sewer infrastructure in place.
Recommendation: Staff recommends approval of ADM 13-4356, with the following condition.
Conditions of Approval:
1. All public infrastructure shall be extended to the north line of the new lots.
PLANNING COMMISSION ACTION: Required
❑Approved ❑ Denied ❑ Tabled
Motion:
Second:
Vote:
Date: April 8, 2013
Comments:
G.'IETCIDevelopnrem Services Reviervl20131Developmenl Review113-4356 ADM Mrghmmmf Village Major Modification/PC104-08-20131Camnenrs and
Redfines
April 8,2013
Planning Commission
ADM 13-4356 Hughmount Village
Agenda Item 2
Page 1 of 8
ENGINEERING DESIGN ASSOCIATES,P.A.
134 WEST EMMA AVENUE
SPRINGDALE,ARKANSAS 72764
479-756-1266
Fax: 479-756-2129
Date: March 25,2013
Jesse Fulcher,Planner
City of Fayetteville Planning Division
125 W.Mountain Blvd.
Fayetteville,AR 72701
RE:Hughmount Village Preliminary Plat PPL 13-4304
Dear Mr. Fulcher:
The Planning.Commission approved Preliminary Plat 13-4304 at the March 25th Planning Commission
meeting. The development proposal was for 129 single family residential lots along with 9 Common
Property lots. Since that approval,the developer, Hughmount Village LLC, is requesting the opportunity
to Increase the number of lots proposed within the development to 132 single family lots while
maintaining the 9 common property lots. The 132 lot plat layout was .previously approved for a
Conditional Use Permit with the Washington County Planning Board and the developer wishes to return
to that design.The additional three lots are to be obtained by increasing the project by 2.15 acres along
the northern portion of the development within property owned by the developer.
Please consider this modification to PPL 13-4303 during the next possible review cycle which will place
the modification on the April 8,h Planning Commission agenda. Lot density is slightly reduced from 2.38
lots an:acre to 2.34 lots per acre,street dedication will increase by 40 linear feet on Chanel Drive and by
52 linear feet on Grey Squirrel Drive. The water and sanitary sewer infrastructure will remain as
constructed which currently extends north of the additional three lots being requested.
Respedfuli r
ull c
Kim J. H se, RLA
Prole Manager
April 8,2013
Planning Commission
ADM 13-4356 Hughmount Village
Agenda Item 2
Page 2 of 8
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Agenda Item 2
Page 6 of 8
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Plarm n Commission
ADM 13-4356 Hughmount Village
Agenda Item 2
Page 7 of 8
April 8,2013
Planning Commission
ADM 13-4356 Hughmount Village
Agenda Item 2
Page 8 of 8
•
Taye evl e PC Meeting of April 8, 2013
Afl KP NSAS
125 W. Mountain St.
THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Sarah Wrede, Flood Plain Administrator
THRU: Jeremy Pate, Development Services Director
Chris Brown, City Engineer
DATE: March 19, 2013
ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK
ROAD, 599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH
STREET AND RAZORBACK ROAD. The property is zoned UT, URBAN THOROUGHFARE
COMMERCIAL, and contains approximately 4.42 acres. The request is for a variance of the
Streamside Protection Zones. Planner: Andrew Garner Floodplain Administrator:Sarah Wrede
STAFF AND THE APPLICANT REQUEST THIS ITEM BE TABLED UNTIL THE APRIL 22,2013
MEETING
G:IETCWD elopment Services Review120130evelopment ReviewU3-4330 ADM Champion Club Condos-Sbvamside)W4 Planning CommissionW-25-20131Comments
and Redlines
April 8,2013
Planning Commission
ADM 13-4330 Champion Condos
Agenda Item 3
Page 1 of 2
April 8,2013
Planning Commission
ADM 13-4330 Champion Condos
Agenda Item 3
Page 2 of 2
THE CITY OF FAYETTEVILLE,ARKANSAS
a e evl �e
DEVELOPMENT est MOMENT
Y 125 West Mountain
Fayetteville,AR 72701
Phone (47914443443
ARKANSAS
DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM
To: Planning Commission Members �p
From: Jeremy Pate, Development Services Directors
Date: March 21,2013
Subject: Form Based Zoning Code Amendments
Backeround
Various planning staff members have been working since August 2011 on amendments to the Unified
Development Code to address the use and function of the form based zoning districts and to clarify and add flexibility to
some of these requirements. Now that we have seen several development projects utilize these standards, staff is able
to better evaluate their strengths and weaknesses.When these form-based codes were adopted, staff committed to the
Planning Commission and City Council that we would evaluate and bring back any issues for further consideration as
needed. We have seen several of the standards clearly meet the intent and goals of the ordinance, and provide better,
more meaningful public and private spaces as a result. However, some have not been as successful as intended. It is our
intent to make this process clear and easy to implement so that the incentives of an administrative review process,
albeit with higher design standards, remain attractive to property owners looking to rezone their property.
Staff requests that the Planning Commission take some time over the next few weeks to familiarize yourselves
with the form-based codes and the amendments that are proposed herein to make them better and easier to
administer. Please mark up your copies or simply contact us with any comments or questions. Our goal is to present the
amendments for a formal recommendation to the City Council at either the April 08 or April 22 meeting, depending
upon the level of comments received.
The following is a generalized list of the changes proposed:
Chapter 151: Definitions
• Amend the definition of"build to zone"and "minimum buildable street frontage'
Chapter 161:Zoning Districts
• Amend all of the multi-family zoning districts to restrict building height to 30'for structures built close (1),to 10')to
the street. Buildings may have larger building heights once a 10' setback has been achieved, depending on the
zoning district and stepback.This is to address numerous concerns with building height in close proximity to streets
and sidewalks and to provide a "stepback"transition.
• Amend all of the multi-family zoning districts to have a build-to zone beginning at the right-of-way line. Currently
these zoning districts have build-to zones that start at 10'from the right-of-way.
Telecommunication Device for the Deaf TDD(479)521-1316 Aprilla.lawa Mountain-Fayetteville,AR 72701
Planning Commission
ADM 13-4353 Form-Based Code
Agenda Item 4
Page 1 of 24
THE CITY OF FAYETTEVILLE,ARKANSAS
• Reduce the maximum building height in the RMF-6 and RMF-12 zoning districts from 60' to 45'.These are lower
density multifamily zones often in close proximity to single family neighborhoods and staff feels this is a more
appropriate building height.
• Amend setback requirements in multiple zoning districts to be consistent with conflicting standards such as the
Urban Residential Design Standards and Landscape Requirements.
• Amend any district's reference to the number of building stories allowed as a maximum building height. We often
have questions about why there is a building height AND a story height, and there's not a very good answer.These
sections now refer to an ultimate height limitation measured in vertical feet and do not reference any number of
stories.
• Amend the C-1 Zoning District to add a building height maximum,at 56 feet(there is not one currently).
• Amend the Neighborhood Conservation Zoning District to move "Two family dwellings" from a Permitted Use to a
Conditional Use. Many of the Neighborhood Conservation Zoning District areas that have been submitted and
approved have had Bills of Assurance attached to restrict the new development from becoming strictly duplex
development. While still a very desirable urban single family zoning district, staff feels it could be used even more
effectively and with adequate protections for adjoining neighborhoods by removing the provision allowing two-
family dwellings permitted by right.
Chapter 164:Supplementary District Regulations
• Exempt accessory structures from meeting build-to zone requirements(storage sheds, detached garages, barns, etc)
• Add a new section (164.06)that addresses the requirements of the "Minimum Buildable Street Frontage"
requirement of the form based zoning districts.This section specifically addresses how the calculation is determined
for lots with one street frontage,through lots and corner lots.Additionally, any supplementary elements(such as
walls, hedges, patios, decks, etc)that may count towards the Minimum Buildable Street Frontage requirement of
the zoning district are included.This was added to provide relief for developers that can not meet the entire
minimum percent required by the underlying zone,while retaining the urban form of the development.
• Create separate standards for auto-oriented facilities,and specifically for drive-in/thru facilities and fueling
stations/convenience stores. Include design standards for fueling station canopies, if they are to be placed within a
build-to zone, but also a setback, so that these large canopies are not directly adjacent to the street or sidewalk.
• Add an "exception" section for single family uses, existing site constraints, and interstate highway frontage and for
developments that only use a portion of their lot at the time of development.
Chapter 172: Parking and Loading.Specifically, 172.04 Parking Lot design Standards
• Added language allowing parking lots to be located in the Build-to Zone subject to providing a masonry screen wall.
Telecommunications Device for the Deaf TDD(479)521-1316 April 19,3W413 Mountain-Fayetteville,AR 72701
Planning Commission
ADM 13-4353 Form-Based Code
Agenda Item 4
Page 2 of 24
Chapter 151 : Definitions
Amendments
Budd-to Zone. A build-to zone is a range of
allowable distances from a street right-of-way in
With a building or structuM shall be constructed
in order to create a moderately uniform line of
buildings along the street.
Minimum buildable street frontage. (Zoning).The
minimum required percentage of a groobl:Vs
lot's street frontage, established by the
underlying zoning district and measured in linear
feet, that is met by constructing a portion or
portions of the vertical side of a building or
Otjj� within the build-to zone, suNiad to
SUpplent tery Distrlidt, Regulattons. Buildings
may be constructed outside of the build-to-zone
after the minimum required percentage has been
met.
Page t of 21 April 8,2013
Planning Commission
ADM 13-4353 Form-Based Code
Agenda Item 4
Page 3 of 24
Page 2 of 21 April a,2013
Planning Commission
ADM 13-4353 Form-Based Code
Agenda Item 4
Page 4 of 24
161.10 District RT-12, Residential a A build-to
Two And Three Family zone that is
located
(A) Purpose. The RT-12 Residential District is between 40
designed to permit and encourage the feet the front
development of detached and attached property line
dwellings in suitable environments, to and a line 25
provide a development potential between feet from the
low density and medium density with less front property
impact than medium density development, to line.
encourage the development of areas with
existing public facilities and to encourage the (F) Building height regulations.
development of a greater variety of housing
values. Building height maximum 4g- _30I5 ftp
(B) Uses. *A building or a portion of a building that is
(1) Permitted uses. located between 0 and 10 feet from the front
property line or any master street plan right-
of-way line shall have a maximum height of
Unit 1 Cit -wide uses b right 30 feet. Buildings or portions of the building
Unit 8 ft
le-famil dwellings set back greater than 10 feet from the
Unit 9 Two-familydwellin s master street plan right-of-way shall have a
Unit 10 Three-familydwellin s maximum height of 45 feet.
(2) Conditional uses. (G) Building area. The area occupied by all
buildings shall not exceed 50% of the total
Unit 2 City-wide uses by conditional use lot area.
Unit 3— permit Public protection and unlit facilities (H) Minimum buildable street frontage. 50% of
the lot width.
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-
Unit 12 Limited business 85;Code 1991,§160.032;Ord.No.4100,§2(Ex.A), 6-
Unit 24 Home occupations 16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07;
Unit 36 Wireless communications facilities Ord. 5224, 3-3-09; Ord. 5262, 8-4-09; Ord. 5312,4-20-
10)
(C) Density. Cross references)--Variance,Ch. 156,
units per acre 12 or less 161.11 District RMF-6, Residential
(D) Bulk and area regulations. Multi-Family— Six Units Per Acre
(A) Purpose. The RMF-6 Multi-family
Single- Two- Three- Residential District is designed to permit and
family famil famil encourage the development of multi-family
Lot width 60 ft. 70 ft. 90 ft. residences at a low density that is
minimum appropriate to the area and can serve as a
Lot area 6,000 sq. 7,260 sq. 10,890 sq, transition between higher densities and
minimum ft. ft. ft. single-family residential areas.
Land area 6,000 sq. 3,630 sq. 3,630 sq.
per ft. ft. ft. (B) Uses.
dwelling
unit (1) Permitted uses.
(E) Setback requirements. Unit 1 City-wide uses by right
Unit 8 1 Single-family dwellings
Front Side Rear Unit Two-family dwellings
Tpm 8 ft. 20 ft. Unit 10 1 Three-family dwellings
facade of a Unit 26 1 Multi-family dwellin s
buildiag spall
13e--bui1t-Ndthm (2) Conditional uses.
Page 3 of 21 April 8,2013
Planning Commission
ADM 13-4353 Form-Based Code
Agenda Item 4
Page 5 of 24
tis=guilt w#16a
Unit 2 City-wide uses by conditional use a A build-to
permit zone that is
Unit 3 Public protection and utility facilities located
Unit 4 Cultural and recreational facilities between 40
Unit 5 Government facilities feet the front
Unit 11 Manufactured home park property line
Unit 12 Limited business and a line 25
Unit 24 Home occupations feet from the
Unit 25 Professional offices front property
Unit 36 Wireless communications facilities line.
(C) Density. Cross references)--Variances,Ch. 156.
11 (F) Building height regulations.
Units er acre 6 or less
FFB_uilcHng HeisihfMaximTm I &0 t. 30/45 ft'
(D) Bulk and area regulations.
`A building or a portion of a building that is
(1) Lot width minimum. located between 0 and 10 feet from the front
property line or any master street plan right-
Manufactured home park 100 ft. of-way line shall have a maximum height of
Lot within a manufactured 50 ft. 30 feet. Buildings or portions of the building
home park set back greater than 10 feet from the
Single-family 60 ft. master street plan right-of-way shall have a
Two-family 60 ft. maximum height of 45 feet.
Three and more 90 ft. )
Professional offices 100 ft. Any building which exceeds the height of 20
feet shall be set back from any side
boundary line of an adjacent single family
(2) Lot area minimum. district, an additional distance of one foot for
each foot of height in excess of 20 feet.
Manufactured home park 3 acres
Lot within a Manufactured 4,200 sq.ft. (G) Building area. None.
home park
Townhouse: (H) Minimum buildable street frontage. 50% of
•Development 10,000 sq.ft. the lot width.
-*Individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft. (Ord. No.4325, 7-3-01; Ord. 5028, 6-19-07; Ord.5224,
Two-famil 7,000 s .ft. 3-3-09;Ord.5262,8-4-09;Ord.5312,4-20-10)
Three or more s,000 s .ft.
Fraternityor Sorority2 acres 161.12 District RMF-12, Residential
Professional offices 1 acre Multi-Family— Twelve Units Per Acre
(3) Land area per dwelling unit. (A) Purpose. The RMF-12 Multi-family
Residential District is designed to permit and
Manufactured home 3,000 sq.ft. encourage the development of multi-family
residences at a moderate density that is
Apartments: appropriate to the area.
No bedrooms 1,700 sq.ft.
One bedroom 1,700 sq.ft. (B) Uses.
Two or more bedrooms 2,000 sq.ft.
Fraternity or Sorority 1,000 sq. ft. per (1) Permitted uses.
resident
Unit 1 City-wide uses by right
(E) Setback requirements. Unit 8 Single-family dwellings
Unit Two-family dwellings
Front Side Rear Unit 10 Three-family dwellings
The--pNasipal 8 ft. 25 ft. Unit 26 Multi-family dwellings_
fagade of a
(2) Conditional uses.
Page 4 of 21 April 8,2013
Planning Commission
ADM 13-4353 Form-Based Code
Agenda Item 4
Page 6 of 24
Front Side Rear
Unit 2 City-wide uses by conditional use The —pFiRGipal 8 ft. 25 ft.
permit fagade---tea
Unit 3 Public protection and utility building shall
facilities be baft Within n
Unit 4 Cultural and recreational facilities A build-to zone
Unit 5 Government facilities that is located
Unit 11 Manufactured home park between 40
Unit 12 Limited business feet the front
Unit 24 Home occupations property line
Unit 25 Professional offices and a line 25
Unit 36 Wireless communications feet from the
facilities front property
line.
(C) Density. Cross reference(s)--Variances,Ch. 156
Units per acre 12 or less (F) Building height regulations.
(D) Bulk and area regulations. Building Height Maximum I 60 �Vl
(1) Lot width minimum. 'A building or a portion of a building that is
located between 0 and 10 feet from the front
Manufactured home park 100 ft. property line or any master street plan right-
Lot within a manufactured home 50 ft. of-way line shall have a maximum height of
ark 30 feet. Buildings or portions of the building
Single family 60 ft. set back greater than 10 feet from the
Two-family 60 ft. master street plan right-of-way shall have a
Three and more 90 ft. maximum height of 45 feet.
Professional offices 100 ft.
Any building which exceeds the height of 20
(2) Lot area minimum. feet shall be set back from any side
boundary line of an adjacent single family
Manufactured home 3 acres district, an additional distance of one foot for
each foot of height in excess of 20 feet.
ark
Lot within a 4,200 sq.ft. (G) Building area. None.
manufactured home
ark (H) Minimum buildable street frontage. 50% of
Townhouse: the lot width.
Development 10,000 sq.ft.
Individual lot 2,500 sq.ft. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224,
Single-family 6,000 sq.ft. 3-3-09;Ord.5262,8-4-09;Ord.5312,4-20-10)
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft. 161.13 District RMF-18, Residential
-Fraternity or Sorority 2 acres Multi-Family— Eighteen Units Per
Professional offices 1 acre Acre
(3) Land area per dwelling unit. (A) Purpose. The RMF-18 Multi-family
Residential District is designed to permit and
Manufactured home 3,000 sq.ft. encourage the development of multi-family
Apartments: residences at a medium density that is
No bedrooms 1,700 sq.ft. appropriate to the area.
One bedroom 1,700 sq.ft.
Two or more bedrooms 2,000 sq-ft. (B) Uses.
Fraternity or Sorority 1,000 sq. ft. per
resident (1) Permitted uses.
(E) Setback requirements. Unit 1 1 City-wide uses by right
11 Unit 8 1 Sin le-famil dwellings
Page 5 of 21 April 8,2013
Planning Commission
ADM 134353 Form-Based Code
Agenda Item 4
Page 7 of 24
11 Unit 9 Two-family dwellings (E) Setback requirements.
11 Unit 10 Three-family dwellings
11 Unit 26 Multi-famil dwellin s Front Side Rear
The—principal 8 ft. 25 ft.
(2) Conditional uses. fagade of
buildiRg shall
Unit 2 City-wide uses by conditional use be bulk within
ermit a e i
build- s
Unit 3 Public protection and utility zone that s
located
facilities
between 40
Unit 4 Cultural and recreational facilities feet the front
Unit 5 Government facilities property line
Unit 11 Manufactured home park and a line 25
Unit 12 Limited business feet from the
Unit 24 Home occupations front property
Unit 25 Professional offices line.
Unit 36 Wireless communications facilities
Cross reference(s)--Variances,Ch. 156.
(C) Density.
(F) Building height regulations.
Units per acre 18 or less
8uildin Hei hl Maximum I3 X745 ft.'
(D) Bulk and area regulations.
P, building or a portion of a building that is
(1) Lot width minimum. located between 0 and 10 feet from the front
property line or any master street plan right-
Manufactured home park 100 ft. of-way line shall have a maximum height of
Lot within a manufactured 50 ft. 30 feet. Buildings or portions of the building
home park set back greater than 10 feet from the
Single-family 60 ft. master street plan right-of-way shall have a
Two-family 60 ft. maximum height of 45 feet.
Three and more 90 ft. regulations Any building which
Professional offices 100 ft. exceeds the height of 20 feet shall be set
back from any side boundary line of an
(2) Lot area minimum. adjacent single family district, an additional
distance of one foot for each foot of height in
Manufactured home park 3 acres excess of 20 feet.
Lot within a manufactured 4,200 sq.ft.
home park (G) Building area. None.
Townhouse:
Development 10,000 sq.ft. (H) Minimum buildable street frontage. 50% of
-Individual lot 2,500 sq.ft. the lot width.
Single-family 6,000 sq.ft.
Two-family7,000 s .ft. (Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224,
Three or more 9,000 s .ft. 3-3-09;Ord.5262,8-4-09;Ord.5312,4-20-10)
Fraternit or Sorority 2 acres 161.14 District RMF-24, Residential
Professional offices 1 acre Multi-Family—Twenty-Four Units Per
(3) Land area per dwelling unit. Acre
Manufactured Home 3,000 sq.ft. (A) Purpose. The RMF-24 Multi-family
Residential District is designed to permit and
Apartments: encourage the developing of a variety of
No bedrooms 1,700 sq.ft. dwelling types in suitable environments in a
One bedroom 1,700 sq.ft. variety of densities.
Two or more bedrooms 2,000 sq.ft.
Fraternity or Sorority 1,000 sq. ft. per (B) Uses.
resident
(1) Permitted uses.
Page 6 of 21 April 8,2013
Planning Commission
ADM 134353 Form-Based Code
Agenda Item 4
Page 8 of 24