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Home My WebLink About2014-09-22 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Planning Commission Meeting September 22, 2014 5:30 PM 113 W. Mountain, Room 219 Members: Tracy Hoskins (Chair), Ron Autry (Vice Chair), Ryan Noble (Secretary), Sarah Bunch, William Chesser, Kyle Cook, Craig Honchell, Janet Selby, and Porter Winston. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the September 8, 2014 meeting. Old Business No items of old business. New Business 2. Review of CUP 13-4470: Administrative Item (1755 FALLBROOK, 359): Submitted by CANDICE SAWIN for property located at 1755 FALLBROOK WAY. The property is zoned RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acres. The request is for a one year review of the original request for a home daycare. Planner: Jesse Fulcher 3. LSD 14-4833: Large Scale Development(SOUTHEAST CORNER WEST CENTER STREET AND HILL AVENUE/HARVEY'S HILL PHASE II, 522): Submitted by SPECIALIZED REAL ESTATE GROUP for property located at SOUTHEAST CORNER OF W. CENTER STREET AND HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL AND RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE, and contains approximately 3.38 acres. The request is for construction of an apartment building with 240 multi-family units and a parking garage. Planner: Andrew Garner 4. CUP 14-4834: Conditional Use(1021 WEST SYCAMORE STREET/TRI-CYCLE FARMER'S MARKET, 405): Submitted by DONALD BENNETT for property located at 1021 WEST SYCAMORE ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 1.66 acres. The request is for a farmer's market (Use Unit 2) in a RMF-24, Residential Multi-Family zoning district. Planner: Jesse Fulcher Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 5. CUP 14-4837: Conditional Use (1691 N. GARLAND AVENUE./TRI-CYCLE FARM, 405): Submitted by DONALD BENNETT for property located at 1691 W. DEANE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.99 acres. The request is for an accessory structure prior to a principal structure. Planner: Jesse Fulcher Discussion Item 6. City of Fayetteville Planning Commission Development Awards: Discussion of starting a Planning Commission awards program in 2015 to recognize exemplary developments. Planner: Andrew Garner The following items have been approved administratively by staff: • LSP 14-4830: Lot Split (301 WEST MOUNTAIN STREET/MILLIGAN, 523): Submitted by ALAN REID AND ASSOCIATES for property located at 301 WEST MOUNTAIN STREET. The property is zoned DG, DOWNTOWN GENERAL and contains one tract totaling approximately 0.60 acres. The request is to split the property into two tracts containing approximately 0.32 and 0.28 acres each. Planner: Quin Thompson Adjourn NOTICE TO MEMBERS OF THE AUDIENCE.- All UDIENCE: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. 2 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission September 8, 2014 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Tracy Hoskins - Chair, Ron Autry- Vice-Chair, Ryan Noble — Secretary, William Chesser, Kyle Cook, Craig Honchell, Porter Winston, Janet Selby, and Sarah Bunch City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Glenn Newman — Development & Construction Manager, Cory Granderson — Staff Engineer, and Kit Williams —City Attorney 1. Call to Order: 5:30 PM, Tracy Hoskins 2. In Attendance: Craig Honchell, Ryan Noble, Kyle Cook, Tracy Hoskins, Janet Selby, and Ron Autry Absent: William Chesser, Porter Winston, Sarah Bunch Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Corey Granderson, and Kit Williams 3. Approval of the minutes from the August 25, 2014 meeting. VAC 14-4816: Vacation (555 MAPLE ST./STERLING FRISCO, 484): Submitted by MCCLELLAND ENGINEERS for property located at 555 MAPLE ST. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.82 acres. The request is to vacate a utility easement. Motion: Commissioner Honchell 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. Chesser, Winston, and Bunch arrived after consent. Mailing Address: Planning Commission 113 W. Mountain Street www.fayet ffiWr?&2014 Fayetteville,AR 72701 Agenda Item 1 Minutes 9-8-14 Page 1 of 14 4. New Business: VAR 14-4843: Variance (36 EAST CYDNEE ST./GINGER, 251): Submitted by TAYLOR WOOD for property located at 36 EAST CYDNEE ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.17 acres. The request is for variances of the urban residential design standards for garage location, curb cut, and maximum driveway width requirements. Quin Thompson, Current Planner, read the staff report. Taylor Wood, Applicant, said that the owner was asking for variances that would allow the property to be developed in a manner similar to nearby homes. Public comment: Ruth Cohoon, Neighbor and POA vice president, said that the neighbors were seeking to see that proposed homes are compatible with adjacent existing homes. She added that the POA would continue to have discussions with the developer to resolve design concerns as the development moves forward. No more public comment was presented. Motion: Commissioner Winston made a motion to approve VAR 14-4843 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 2,2014 Agenda Item 1 Minutes 9-8-14 Page 2 of 14 ADM 14-4841: Administrative Item (210 SOUTH CROSSOVER RD./CENTRAL EMS, 527): Submitted by BECKY STEWART for property located at 210 SOUTH CROSSOVER RD. The property is zoned RSF-4, Residential Single-family, 4 units per acre and contains approximately 4.60 acres. The request is to amend conditional use permit 13-4390 to allow extended hours of operation. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Becky Stewart, applicant, stated they were requesting 24-hour operation and that they had receive compliments from area residents. Commission Honchell asked if they turned on the sirens when they get in the vehicle. Stewart stated they are required by law to turn on the lights and sirens at the same time. However, drivers are cognizant of neighborhoods and turn off the lights and sirens when entering a residential area after hours. Commission Honchell noted that this is a very quiet area at night. Commission Cook stated he agreed with the one year review period based on the change in hours of operation. Motion: Commissioner Cook made a motion to approve ADM 14-4841 as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September a,2014 Agenda Item 1 Minutes 9-8-14 Page 3 of 14 PPL 14-4784: Preliminary Plat (W. ALBERTA ST./THE COVES PHASE 2, 555): Submitted by CRAFTON TULL for property located on W. ALBERTA STREET. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 10.22 acres. The request is for a 45 lot single-family subdivision. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Stephen Lieux, applicant, discussed the driveway variance. They have shared drives in the other phase and the home owners complain about them. We had a traffic engineer look at the code and he determined that the shared driveways in this case aren't necessary. Commission Winston stated that the street is a low volume street currently. However, the code states that individual drives should only be permitted when there is no other option. There are other options in this case. Commission Honchell asked staff about driveway standards and maximum widths. Fulcher stated that the maximum curb cut at the street is 24 feet, but the driveways can be wider outside of the right-of-way or even split into two driveways. Lieux stated they could live with the shared curb-cut, but would much prefer separate drives for each lot. Commission Chesser asked for clarification on the curb-cut requirements. Fulcher stated that the width of 24 feet is only at the right-of-way. Commission Winston stated that they should stick with the ordinance requirements and allow the applicant to come up with a creative solution. Motion: Commissioner Winston made a motion to approve PPL 14-4784 as recommended by staff, in favor of conditions #1 and #2, and denying the curb cut on condition #3. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September A,2014 Agenda Item 1 Minutes 9-8-14 Page 4 of 14 PPL 14-4818: Preliminary Plat (VAN ASCHE BETWEEN GREGG AND STEELE BLVD./TWIN CREEKS VILLAGE, PHASE 3, 172): Submitted by MCCLELLAND ENGINEERS for property located at VAN ASCHE BETWEEN GREGG AND STEELE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.19 acres. The request is for an 8 lot subdivision. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Ryan Gill, applicant, said that his client was amenable to all of staff's conditions. Motion: Commissioner Winston made a motion to approve PPL 14-4818 as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September EP,2014 Agenda Item 1 Minutes 9-8-14 Page 5 of 14 LSD 14-4817 Large Scale Development (3399 W. BLACK FOREST DR./FREDDY'S CUSTARD AND STEAKBURGERS, 643): Submitted by CEI ENGINEERING for property located 3399 W. BLACK FOREST DR. The property is zoned R-PZD, RESIDENTIL PLANNED ZONING DISTRICT and contains approximately 1.35 acres. The request is for a 3,675 square foot restaurant and associated parking. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Nathan Street, applicant, stated they agreed with all conditions. Commission Winston thanked the applicant for the site design changes. Motion: Commissioner Winston made a motion to approve LSD 14-4817 as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. Commissioner Noble recused. Planning Commission September a,2014 Agenda Item 1 Minutes 9-8-14 Page 6 of 14 CUP 14-4822: Conditional Use (3263 SKILLERN RD./McCUTCHEON, 255 & 256): Submitted by BATES AND ASSOCIATES for property located at 3263 SKILLERN RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.06 acres. The request is for a tandem lot. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Derrick Thomas, applicant, said that the reason for this request was to clean up lot lines to the benefit of both property owners. Motion: Commissioner Winston made a motion to approve CUP 14-4822 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 772,2014 Agenda Item 1 Minutes 9-8-14 Page 7 of 14 CUP 14-4814: Conditional Use (2630 E. CITIZENS DR./HOGWILD CROSSFIT, 371): Submitted by JEREMY KENNEDY for property located at 2630 E. CITIZENS DR.. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 8.91 acres. The request is for a fitness center in a C-1 zoning district. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Jeremy Kennedy, applicant, was present to answer questions. William Chesser, Commissioner, asked staff why the fitness center use unit was removed from the C-1 zone? Andrew Garner, Planning Director, responded that C-1 zoning is intended for local and neighborhood oriented services, and that historically fitness centers had been large scale businesses attracting a regional clientele. Porter Winston, Commissioner, suggested that staff should consider a use unit for smaller, boutique style neighborhood gyms, which are becoming more common. Garner responded that staff is considering changes to the zoning code, which may allow smaller scale businesses that are local in nature and appropriate to neighborhood zones. Motion: Commissioner Chesser made a motion to approve CUP 14-4814 as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September a,2014 Agenda Item 1 Minutes 9-8-14 Page 8 of 14 CUP 14-4815: Conditional Use (2804 W. MILK BLVD./AT&T STORE, 558): Submitted by BATES & ASSOCIATES for property located at 2804 W. MILK BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.48 acres. The request is for additional parking. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Evan Niehues, applicant, stated that low impact design features have been incorporated into the site design. Motion: Commissioner Chesser made a motion to approve CUP 14-4815 as recommended by staff. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September a,2014 Agenda Item 1 Minutes 9-8-14 Page 9 of 14 CUP 14-4812: Conditional Use (4170 W. MILK BLVD./HELLO COCOA, 595): Submitted by ABBY STEWART for property located at 4170 W. MLK BLVD. The property is zoned R-O, RESIDENTIAL-OFFICE and contains approximately 3.40 acres. The request is for a chocolate shop in an R-O zoning district. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Abby Stewart, applicant, described their business. Motion: Commissioner Chesser made a motion to approve CUP 14-4812 as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission SeptemberM,2014 Agenda Item 1 Minutes 9-8-14 Page 10 of 14 CUP 14-4813: Conditional Use (808 PEEL ST./RACHAEL BULL, 330): Submitted by RACHAEL BULL for property located at 808 PEEL ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.43 acres. The request is for a daycare in an RSF-4 zoning district. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Rachel Bull, applicant, stated she was hoping to open a small pre-school. Commission Cook stated that the commission has seen several home day cars and they seem to work in neighborhoods. Motion: Commissioner Cook made a motion to approve CUP 14-4813 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission SeptemberM,2014 Agenda Item 1 Minutes 9-8-14 Page 11 of 14 CUP 14-4810: Conditional Use (1882 N. STARR DRJADORABLE DOGGIE DOS, 373): Submitted by TANYA MARDON BIGI for property located at 1882 N. STARR DR.The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 1.32 acres. The request is for a change in a non-conforming use to allow a dog grooming business in an RSF-1 zoning district. Quin Thompson, Current Planner, read the staff report. Tanya Bigi, applicant, said that her business was currently located in a commercial location, and has had no complaints. Public comment: Peter Main, resident at Candleshoe Drive and POA officer, said that he was concerned about noise traveling across the nearby lake, and that an approval would set up the business for future expansion of size and use, such as doggie day care. He asked that if the commission did vote to approve, a condition be added expanding notification requirements. Mary Haney, neighbor, said that she owns houses on both sides of the property, had read the staff report and went to meet the applicant and visited the business to better understand the current business arrangement. She discussed her conversation with the applicant and explained the reasons why dog groomers never allow dogs to run and play before or after grooming, since they may fight before, and are clean and decorated after. She said that she was comfortable that there would not be any nuisance created by the business, and urged the commission to approve. Huaxiang Lu, neighbor, said that he was concerned that the approval would negatively affect property values as well as everyday life in the neighborhood. No more public comment was presented. JB Hays, property owner, said that he has owned this property for twenty years. He noted that it was rezoned to residential without his consent, adding that it should have been a commercial zoning as the building has always been used commercially. Tracy Hoskins, commissioner, asked staff to address the question of property ownership and whether the application was completed correctly. Thompson answered that it was, that the property owner, JB Hays was signatory to the application. Craig Honchell, commissioner, said that this was a Conditional Use Permit hearing, and not a rezone. The use would not be allowed to change or expand without future Planning Commission approval. Planning Commission September12,2014 Agenda Item 1 Minutes 9-8-14 Page 12 of 14 Ron Autry, commissioner, said that he felt that the use was appropriate in this setting, and typical of life in a city neighborhood. Motion #1: Commissioner Winston made a motion to amend CUP 14-4810 to add a condition of approval that the neighbors of the surrounding POA's be notified if this CUP is ever modified. Commissioner Cook seconded the motion. Upon roll call the motion failed with a vote of 3-6-0. Commissioners Hoskins, Chesser, Honchell, Bunch, Selby, and Autry voted 'no'. Motion #2: Commissioner Chesser made a motion to approve CUP 14-4810 as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-1-0. Commissioner Selby voted 'no'. Planning Commission Septembeda,2014 Agenda Item 1 Minutes 9-8-14 Page 13 of 14 5. Reports: No reports 6. Announcements: No announcements 7. Adjournment Time: 7:03 PM 8. Submitted by: City Planning Division Planning Commission SeptembedP$,2014 Agenda Item 1 Minutes 9-8-14 Page 14 of 14 CITY OF ayev*1 le PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner MEETING DATE: September 22, 2014 SUBJECT: Review of CUP 13-4470: Administrative Item (1755 FALLBROOK, 359): Submitted by CANDICE SAWIN for property located at 1755 FALLBROOK WAY. The property is zoned RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acres. The request is for a one year review of the original request for a home daycare. RECOMMENDATION: Staff recommends permanent approval of the child care facility approved by CUP 13-4470 with conditions of approval. BACKGROUND: The subject property is located at 1755 Fallbrook Way in the Fairfield Subdivision, six lots south of New Bridge Road, a Collector Street that connects several neighborhoods between Mount Comfort Road and Wedington Drive. The 0.20-acre tract is zoned RSF-4, Residential Single- family, 4 dwellings units/acre and contains a single-family dwelling. The Planning Commission approved a conditional use permit in 2013 to allow a home child care facility. The permit is limited to seven (7) children, Monday through Friday, 7:00 AM to 6:00 PM. Staff initially had concerns with allowing up to seven children and recommended that the applicant return to the Planning Commission in one year from approval for re-evaluation. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North, East, South, Single-family_residences RSF-4, Residential Single-family, 4 du/acre West Single famil residence Washington County/Su shine Road DISCUSSION: Request: The applicant is requesting permanent approval of the child care facility. Public Comment: Staff has not received any complaints since the business was approved. Mailing Address: Planning Commission 9 Se ember 22,2014 113 W Mountain Street www.fayett$Qft@Rvi Fayetteville, AR 72701 13-4470 Fallbrook Page 1 of 12 RECOMMENDATION: Staff recommends approval of the request to remove the one-year time restriction, with the following conditions: Conditions of Approval: 1. All conditions of approval from CUP 13-4470 shall remain in force with the exception of the one-year review. 2. Pursuant to Chapter 163.14, the Zoning and Development Administrator may refer any conditional use approval to the Planning Commission if the permit holder has violated the terms of the conditional use and failed to promptly and voluntarily correct the failures. Planning Commission Action: O Approved O Forwarded ❑ Denied Meeting Date: September 22, 2014 Motion: Second: Vote: BUDGET/STAFF IMPACT: None. Attachments: Original CUP staff report Land use map Close up map One mile map G1ETC\Development Services Review\2014\Development Review\13-4470 Review of CUP/03 Planning Commission\09-22-2014\ WMB is ommission and Redlines eptern er 22,2014 Agenda Item 2 13-4470 Fallbrook Page 2 of 12 • ae e PC Meeting of September 09, 2013 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Development Services DATE: Updated September 10, 2013 CUP 13-4470: Conditional Use Permit (1755 FALLBROOK, 359): Submitted by CANDICE SAWIN for property located at 1755 FALLBROOK WAY. The property is zoned RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.19 acres. The request is for a home daycare. Planner: Jesse Fulcher BACKGROUND: Property description: The subject property is located at 1755 Fallbrook Way in the Fairfield Subdivision, six lots south of New Bridge Road, a Collector Street that connects several neighborhoods between Mount Comfort Road and Wedington Drive. The 0.20-acre tract is zoned RSF-4, Residential Single-family, 4 dwellings units/acre and contains a single-family dwelling. The surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North, East, South, Sin le-famil residences RSF-4, Residential Single-fa il , 4 du/acre West I Single family residence Washington County/Sun hine Road Proposal: The applicant requests a conditional use permit to operate a child care facility (Use Unit 4) in the RSF-4 zoning district with a maximum of 10 children. The child care facility will occupy 968 square feet of the existing 1,868 square foot home. The backyard is approximately 3,800 square feet and would be available for outdoor play area. Proposed hours of operation are from 7:00 a.m. to 5:30 p.m. The approximate dimensions of the facilities provided are as follows: Outdoor Play Area: 3,800 square feet Lot Size: 0.20 acre Indoor Area: 968 square feet Public Comment: Staff has not received any public comment. G.IETCIDevelopment Services Revievl20131 Development Revieivll3-4470 CUP 1755 Fallbrook(Saivin)V 5 Planning Commission109-09- 20131Commenrs and Redlines Planning Commission September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 3 of 12 Sidewalks: This neighborhood was constructed several years ago with sidewalk on the east side of Fallbrook Way and it is highly unlikely that sidewalk will ever be constructed on the west side of this street. Staff recommends that neither sidewalk construction, nor money in-lieu be required. RECOMMENDED MOTION: Staff does not support the applicant's request for 10 children in an in-home day care, finding that is too intense for a residential subdivision. Staffs recommendation for approval is subject to the following restrictions and conditions: 1. The daycare shall be limited to a maximum of seven (7) children, or the number approved by the state's licensing board,whichever is fewer. 2. Planning staff recommends that the conditional use permit be reviewed by the Planning Commission one year from the date of approval. Staff feels that an initial one year period is appropriate to determine if a child care facility with up to seven (7) children (plus three addition school age children before and after school) adversely impacts neighboring properties. 3. Prior to the issuance of a Business License, the applicant shall provide a copy of an approved license from the Arkansas Department of Health and Human Services for a child care facility. 4. Staff recommends that the hours of operation be limited to Monday through Friday 7:00 a.m. to 6:00 p.m. to allow adequate time for drop-off and pick-up. 5. Outdoor play equipment associated with the daycare shall be kept in the back yard. 6. Signage shall be permitted only in accordance with the regulations of Chapter 174, Signs, which allows one wall sign with a maximum display surface area of eight square feet. 7. The subject property shall continue utilizing a residential cart for solid waste disposal. A commercial container for solid waste shall not be permitted. 8. The driveway to the house shall, during business hours, be available by clients to load and unload children and turnaround to park in front of the applicant's house. PLANNING COMMISSION ACTION: Required YES 0 Approved O Tabled O Denied Motion: Chesser Second: Winston Vote: 9-0-0 Date: September 9, 2013 C:iETCOevelopmenl Services RevieM20130evelopmenl Revieiv113-4470 CUP 1755 Fallbrook(3mvl7)115 Planning Coninus.sion109-09- 20131Commews and Redlines Planning Commission September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 4 of 12 FUTURE LAND USE PLAN DESIGNATION: Residential Neighborhood Area. These areas are almost exclusively residential in nature. This zone recognizes conventional subdivision development but encourages traditional neighborhood development that incorporates low- intensity non-residential uses primarily in corner locations. 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for a child care facility (Use Unit 4)within the RSF-4 zoning district. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. Finding: The applicant has paid the required filing fee. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under § 161.07 to grant the requested conditional use permit. G:IETCIDevelopment Services Review120131 Development Reviewll3-4470 CUP 1755 Fallbrook(Sawin)V 5 Planning Commission109-09- 20131Comments and Redlines Planning Commission September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 5 of 12 (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: In staff's opinion, a maximum of seven children should not adversely affect the public interest, as the service will provide a resource to satisfy child care needs in the area, will be small scale and retain the appearance and use as a single family residence. The peak of traffic will occur before 9:00 a.m. and after 4:00 p.m., during drop-off and pick-up. The average daily vehicle trips generated by a child care service for 7 children at this location should not substantially increase traffic volumes in this area. This home would retain its primary use and appearance as a single family residence, similar to all surrounding residences. It is noted that a child care facility would result in noise from children playing outside, and play equipment may be stored in the yard; however, these impacts would not be much greater than those expected from a typical single-family home. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant shall comply with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: The subject property has access from Fallbrook Way, which intersects with New Bridge Road. The proposed child care facility would provide services for no more than 7 children, resulting in a negligible increase in vehicle trips per day. This is a dead-end street with sidewalk on the east side of the street and pedestrian access to the subject property internal to the neighborhood is safe. Vehicular access to the site is adequate with room for cars to stack in the driveway and park adjacent to the home in the street. (b.) Off-street parking and loading areas where required, G:IETCI Developmeni Services Revieml20131 Development Revieivll3-4470 CUP 1755 Fullbrook(Smvin)1/5 Planning Commission109-09- 20131Commenis and Redlines Planning Commission September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 6 of 12 Finding: The subject property exceeds the requirements for a child care facility with maximum of 7 children in regards to lot area and outdoor play area. Required Provided Minimum lot area 250 SF/child= 1,750 SF 8,400 SF Minimum Outdoor Play Area 80 SF/child =560 SF 3,800 SF (h.) General compatibility with adjacent properties and other property in the district. Finding: Staff finds that the proposed use is consistent with the City Plan 2030 Residential Neighborhood Area designation, which encourages low-intensity, non-residential uses where appropriate. The adjacent and surrounding properties consist of single family lots and a single family residence. The proposal to utilize this lot for a child care facility could serve the surrounding neighborhoods. Staff finds that the proposed use is compatible with adjacent properties and will not create a negative impact on adjacent or nearby properties given the small scale of the child care facility and because this use does not produce large amounts of traffic, noise pollution, lighting, or other affects that would be considered incompatible. 163.05. CHILD CARE; NURSERY SCHOOL A. Minimum lot area. All such establishments shall be located on lots which contain a minimum area of 250 square feet per child. Finding: The subject property meets the requirements for a child care facility with 250 square feet of lot area per child for 10 children. Required Provided Minimum lot area 250 SF/child = 1,750 SF 8,400 SF B. Minimum outdoor play space. Provide a minimum outdoor play space of 80 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time. Finding: The subject property meets the outdoor play space requirements for a child care facility. Required Provided Minimum outdoor play area 80 SF x 7 children =560 SF 3,800 SF G:IETCIDevelopmem Services Revieiv1201311)evelopment Revieii3O 4470 CUP 1755 Fallbrook(Smvin)115 Planning Commissioni09-09- 20131Comments and Redlines Planning Commission September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 7 of 12 C. Number of children.In an R-1 zone, a child care facility may be approved as a conditional use of no more than 10 children, or the number of children approved by the State's licensing board, whichever is fewer. Finding: The subject property is located within the RSF-4 zoning district.No more than 7 children or the number approved by the state's licensing hoard, whichever is fewer, shall be permitted at this childcare facility. G:IIi T'CIlkvelopnrenr S'enirer Revi¢m120131D¢vulopmm�r Revrew113-4470 CUP 1755 f ailbrook(.Smvm)115 P(nnnnrg CaunusylonVg9-I/9- 2WICommenls and!ledlines Planning Commission September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 8 of 12 161.07 District RSF-4,Residential Single-Family—Four Units Per Acre (A)Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 Cit -wide uses by right Unit 8 single-famil dwellings Unit 41 1 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housing Development (C)Density. Single-family Two-family dwellings dwellings Units per acre 1 4 or less 7 or less (D)Bulk and area regulations. Single-family Two-family dwellin s dwellings Lot minimum width 70 ft. 80 ft Lot area minimum 8,000 sq.ft. 12,000 sq-ft. Land area per 8,000 sq.k. 6,000 sq.ft. - dwelling unit Hillside Overlay 60 ft. 70 ft. District Lot minimum width Hillside Overlay 8,000 sq.ft. 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq.ft 6,000 sq.ft. dwellin unit (E)Setback requirements. Front Side Rear 15 ft. 5 ft. 15 ft. (F) Building height regulations. Building Height Maximum 1 45 k. Height regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (Ord. # 4858). (G)Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991,§160.031;Ord.No.4100,§2(Ex.A),6-16-98;Ord,No.4178,8-31-99;Ord 4859,4-19-06;Ord.5028,6-19-07;Ord.5128,4-15- 08;Ord.5224,3-3-09;Ord.5312,4-20-10;Ord.5462,12-6-11) G:IETCIDevelopment Services Revieii,LM130evelopmenl ReviesvU3-4470 CUP 1755 Fallbrook_Satvin103 Planning Commission109-09-2013 Planning Commission ApprovedlCommenls and RedlinesU3-4470 PLNG Comments.doc September 22,2014 Agenda Item 2 13-4470 Fallbrook Page 9 of 12 CUP13-4470 SAWIN Close Up View 11 ilk i - SINGLE FAMILY SUBJECT PROPERTY Ir V I k I k I �I �•1 RIDGEBURY P6 1. 1 � k 1 1 1 • 1. I , Y 2-FAMILY ` � EQUINE VET rF UP13-4470 Footprints 2010 Hillside-Hilltop Ovii irlay District Design Overlay Di strict Design Overlay District 0 37.5 75 150 225 300 ------ Planning Area Feel Planning Comm! sion September 22,2 14 gena Item 13-4470 Fallbrook Page 10 of 12 CUP 13-4470 SAWI N Close Up View if 1 1 1 i 1 1 1 a 3 0 rc m LL SUBJECT PROPERTY U F m W P J 1 J t o �1 Y �1 1 1 1 1 1 RIDGEBURY PL it �1 1 II �1 1 ,1 1 RSF-4 1 -- - ---- --------- ---- --- -- -- -- - - --- -- ---- - - 1 �I Ii Legend --------- Multi-Use Trail (Existing) Future Trails L - _ _ Fayetteville City Limits ` UP13-4470 Footprints 2010 - Hillside-Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict 0 375 75 150 225 300 ------ Planning Area Feet Planning Comm! sion September 22,2 14 gena item 13-4470 Fallbrook Page 11 of 12 a. v i �i 14 u• Uv a r r s.: k A •a•� �bRfil� .In �. �_ __� 4 �Tom'-• ` _} P t r f•,,,' '_'�'5"• G � r t'r• � � � �• I r�� v I _- l l ll_LI_=r• '= Pm o a m � (Il j ltmill Am • - Legend Subject _ 0 •- Overlay District Boundary Plan i v Area 1 1 1 .5 1 m les Planning Corr CITY OF ayevi le PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director Corey Granderson, Staff Engineer MEETING: September 22, 2014 SUBJECT: LSD 14-4833: Large Scale Development (SOUTHEAST CORNER WEST CENTER STREET AND HILL AVENUE/HARVEY'S HILL PHASE II, 522): Submitted by SPECIALIZED REAL ESTATE GROUP for property located at SOUTHEAST CORNER OF W. CENTER STREET AND HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL AND RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE, and contains approximately 3.38 acres. The request is for construction of an apartment building with 240 multi-family units and a parking garage. RECOMMENDATION: Staff recommends approval of LSD 14-4833 with conditions. BACKGROUND: Property: The subject property is zoned DG, Downtown General and RMF-40, Residential Multi- family, and is bounded by Center Street, Hill Avenue, Treadwell Street, and Duncan Avenue. This 3.38-acre site encompasses one entire block with 13 different parcels assembled by the applicant. The site is currently developed with two apartment complexes, a triplex and ten single-family homes. The applicant has submitted detailed information depicting the existing conditions onsite which include a change of approximately 43 feet in topography, several areas with manmade cuts/fill in the topography and a large, significant elm tree with an 80-foot tree canopy in the southwest portion of the site. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North University of Arkansas; Multi-family RMF-40, Residential Multi-family, 40 du/acre Residential South Multi-family Residential RMF-40, Residential Multi-family, 40 du/acre East University of Arkansas; Multi-family DG, Downtown General Residential RMF-40, Residential Multi-famil , 40 dulacre West Multi-family development DG, Downtown General; RMF-40, Residential Multi-family, 24 du/acre Harvey's Hill LSD 13-4524: The Harvey's Hill Large Scale Development 13-4524 was approved by the Fayetteville Planning Commission on January 13, 2014: a four-story apartment building and parking garage with a maximum of 130 units on 2.08 acres. The applicant has subsequently acquired an additional 1.3 acres of property at the northeast corner of Treadwell Street and Mailin Address: Planning Commission 9 Seember 22,2014 113 W. Mountain Street www.fayett�V01t9Mv3 Fayetteville, AR 72701 14-4833 Harvey's Hill Page 1 of 30 Duncan Avenue and has re-designed the Harvey's Hill project to include this new acreage and increase the density of the project. Proposal:The request is for Large Scale Development approval to construct a four to five-story, multi-family development with 240 units, 640 bedrooms, and a parking structure on 3.38 acres, a density of 71 units per acre. Board of Adjustment variance:On September 8, 2014 the Board of Adjustment granted a variance (BOA 14-4796) for the currently proposed Harvey's Hill building to be up to 66 feet in height in in the RMF-40 zoning district when the maximum allowed is 60 feet, and for the building to be up to 63 feet in height in the DG zoning district when the maximum allowed is 56 feet. As part of that approval conditions were required to mitigate adverse impacts from the additional height. These conditions included special tree protection measures, for the perimeter streets to be improved with a 10-foot sidewalk, and additional structural soil for the street trees. These are referenced in the conditions herein. Water and Sewer System:The property has access to existing public water and sewer services. Adjacent streets and right-of-way: The site encompasses a City block and is bounded on four sides by local streets: Center Street, Hill Avenue, Treadwell Street, and Duncan Avenue. Right- of-way dedication in the amount of 25 feet from centerline along all four streets is required in accordance with the Master Street Plan. Street Improvements: The following street improvements are recommended by staff for all adjacent streets: Center Street, Hill Avenue, Treadwell Street, Duncan Avenue: These streets shall be improved to their Master Street Plan standard for Local Streets adjacent to the project site on the project side of the road with a minimum 14 feet from centerline pavement, curb, gutter, storm drainage, streetlights. Because of the large size (240 units) and density(71 units per acre), height-to-street width ratio of this project including a building height variance, staff recommended and the Board of Adjustment required that a 10-foot sidewalk (instead of 8-foot) with tree wells be required to address pedestrian demand and comfort. All streets adjacent to the project site shall all be milled and overlaid with asphalt prior to completion of the project. Left turn lane on Center Street turning left onto Hill Avenue.With the previously approved Harvey's Hill project from 2013 staff requested that the applicant evaluate widening Center Street to provide a left turn lane onto Hill Avenue. The applicant's traffic consultant evaluated including both a northbound and a westbound left-turn lane on Center Street at this intersection. Their conclusion was that with the addition of traffic from this project this intersection would continue to operate at a Level of Service "C" at peak hours which is acceptable. They do not recommend this improvement. Staff agrees with the applicant that a turn lane in this location is not needed and that the site distance and turning movements around this area are safe. Staff continues this recommendation on the current project. Planning Commission G:1ETC1Development Services Review120141Development Review114-4833 LSD Center St&Hill Ave.(Harvey's Hill Ph 2) September 22,2014 103 Planning CommissionM-221-20141Comments and Redlines Agenda Item 3 14-4833 Harvey's Hill Page 2 of 30