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Home My WebLink About2014-10-27 - Agendas - Final CITY OF a e evl Iq AGENDA Y ARKANS Planning Commission Meeting October 27, 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 October 13, 2014 meeting. 2. ADM 14-4871: Administrative Item (Refund for Off-site Improvements/ Delays Project): Submitted by City staff, requesting the Planning Commission to refund various delayed off-site improvement contributions related to projects that have not occurred nor are going to occur in the near term, pursuant to §158.05 of the UDC. Planner: Andrew Garner Old Business 3. VAR 14-4869: Variance (LOTS 18; 20-29 SPYGLASS HILL DR./STONEBRIDGE MEADOWS SUBDIVISION, 607): Submitted by ENGINEERING SERVICES, INC. for property located at LOTS 18; 20-29 SPYGLASS HILL DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 5.00 acres. The request is for a variance of the streamside protection requirements. Floodplain Administrator: Alan Pugh New Business 4. VAR 14-4877: Variance (LOT 25, CRESCENT LAKE SUBDIVISION, 607): Submitted by BAUMANN-CROSNO CONSTRUCTION for property located at LOT 25 IN THE CRESCENT LAKE SUBDIVISION. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.40 acres. The request is for a variance of the Streamside Protection Zone. Floodplain Administrator: Alan Pugh S. LSD 14-4860: Large Scale Development (SOUTHWEST CORNER OF JOYCE AND STEELE BLVDSJUPTOWN APARTMENTS, 134 & 173): Submitted by THE SPECIALIZED GROUP for property located at SOUTHWEST CORNER OF JOYCE AND STEELE BLVDS. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 14.01 acres. The request is for 312 multi-family units. Planner: Quin Thompson Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. RZN 14-4859: Rezone (300 & 400 BLOCK OF MILK BLVD./NIEDERMAN ENTERPRISES, 524): Submitted by BATES & ASSOCIATES for property located at 300 & 400 BLOCK OF MLK BLVD. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.93 acres. The request is to rezone the properties to DG, DOWNTOWN GENERAL. Planner: Jesse Fulcher The following items have been approved administratively by staff: LSP 14-4857: Lot Split (720 MILLSAP RD./HERITAGE INN, 213): Submitted by BLEW & ASSOCIATES for property located at 720 MILLSAP RD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains one tract totaling 2.03 acres. The request is to split the property into two tracts containing approximately 1.11 and 0.92 acres each. Planner: Jesse Fulcher Adjourn 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. 2 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission October 13, 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, Cory Granderson — Staff Engineer, Ken Easton — Urban Forester, and Blake Pennington —Assistant City Attorney 1. Call to Order: 5:30 PM, Tracy Hoskins 2. In Attendance: Craig Honchell, Ryan Noble, Kyle Cook, Ron Autry, Porter Winston, Tracy Hoskins, Janet Selby, and Sarah Bunch Absent: William Chesser Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Corey Granderson, and Kit Williams 3. Approval of the minutes from the September 22, 2014 meeting. VAC 14-4849: Vacation (NORTHWEST CORNER ZION AND WATERSIDE CT./TIMBERLAKE OFFICE PARK, 135): Submitted by BATES & ASSOCIATES for property located at NORTHWEST CORNER OF ZION AND WATERSIDE CT. The property is zoned R-O, RESIDENTIAL-OFFICE and contains approximately 0.95 acres. The request is to vacate a portion of an existing utility easement. VAC 14-4853: Vacation (INTERSECTION OF JAMES ST. AND MT. COMFORT RD./JAMES ST. RIGHT-OF-WAY, 404): Submitted by CITY STAFF for property located at INTERSECTION OF JAMES ST. AND MT. COMFORT RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE COMMERCIAL, AND RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.06 acres. The request is to vacate a portion of an existing street right-of-way. LSP 14-4857: Lot Split Variance (720 MILLSAP RD./HERITAGE INN, 213): Submitted by BLEW &ASSOCIATES for property located at 720 MILLSAP RD. The property is zoned C- 2, THOROUGHFARE COMMERCIAL and contains one tract totaling 2.03 acres. The request is for a variance of the green space requirements to allow the property to be split into two parcels. Mailing Address: Planning Commission 113 W. Mountain Street www.fayetEQc9MrWg?i14 Fayetteville,AR 72701 Agenda Item 1 10-13-14 Minutes Page 1 of 11 CCP 14-4831: Concurrent Plat (ACACIA CROSSING. & HAPPY HOLLOW ROAD/TREETOPS S/D, 526): Submitted by BLEW &ASSOCIATES for property located at INTERSECTION OF ACACIA CROSSING AND HAPPY HOLLOW ROAD. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 4.88 acres. The request is to re-plat 38 lots into 17 lots. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 27,3014 Agenda Item 1 10-13-14 Minutes Page 2 of 11 4. New Business: VAR 14-4869: Variance (LOTS 18-30 SPYGLASS HILL DR./STONEBRIDGE MEADOWS SUBDIVISION, 607): Submitted by ENGINEERING SERVICES, INC. for property located at LOTS 18-30 SPYGLASS HILL DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 5.00 acres. The request is for a variance of the streamside protection requirements. Alan Pugh, staff engineer, gave the staff report, discussing that the applicant would like a vote on Lots 19 and 30 and would like to table Lots 18; 20-29 for discussion until the next meeting. JR Carol applicant's attorney, discussed agreement with conditions on Lot #30 and disagreement with the conditions on Lot#19. No public comment was presented. Commissioner Cook asked about legal issues associated with the variance. Kit Williams, City Attorney, discussed the applicant's options to build homes on these lots. Commissioner Hoskins asked about the footprint of the homes. JR Carol discussed the status of the development of these homes. Commissioner Hoskins discussed that these homes are proposed to be developed adjacent to a manmade lake. I don't see a real danger with sediment getting downstream of the dam of this lake. I think in this case that a much more limited protection zone is in order. A much smaller buffer might be appropriate. Alan Pugh, staff engineer, discussed concerns with a manicured lawn all the way to the stream and nutrients such as nitrogen and phosphorus entering the waterbody. Commissioner Winston asked if the variance was for moving the homes closer to the street. Andrew Garner clarified that they are not asking for a variance of the front building setback and that per the zoning code the homes could be closer to the street than currently proposed. Motion #1: Commissioner Autry made a motion regarding VAR 14-4869 to approve the variance for Lots 19 and 30 as proposed by the applicant,who was in agreement with the staff conditions of approval on Lot#30 and was in disagreement with the staff conditions of approval on Lot #19. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Winston voted 'no'. Planning Commission October 27,3014 Agenda Item 1 10-13-14 Minutes Page 3 of 11 Motion #2: Commissioner Cook made a motion regarding VAR 14-4869 to table discussion on the variance for Lots 18, and 20-29 until the next Planning Commission meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 27,4014 Agenda Item 1 10-13-14 Minutes Page 4 of 11 ADM 14-4840: Administrative Item (NORTH OF MARBLE DR. & SLATE CROSSING/COBBLESTONE PH. 4, 445): Submitted by JORGENSEN AND ASSOCIATES for property located NORTH OF MARBLE AND SLATE CROSSING. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 8.66 acres. The request is to amend the street stub out location for Raven Lane. Quin Thompson, Current Planner, read the staff report, including comments from an adjacent landowner, Thomas Spicer, saying that Mr. Spicer did not want a street to stub-out to his parcel. No public comment was presented. Tracy Hoskins, Chair, asked staff where the recommended stub-out to the west would be located. Andrew Garner, Planning Director, said that staff had not identified a particular place, and would be comfortable with several locations, leaving the decision to the developer. Jared Inman, Applicant, said that the project team wanted to honor the wishes of the landowner, and not provide a future street stub-out to the west. Porter Winston, Commissioner, said that the development should provide future access to the west. Inman said that the stub-out could occur north of Mr. Spicer's property, which could provide a block length of approximately 665' feet, where the required maximum is 660'. Winston discussed the possibility of platting an easement for a future stub-out rather than building the stub-out. Kyle Cook, Commissioner, asked if staff would be comfortable with an access easement? Garner replied that he would recommend neither stub-out nor easement in that case, saying that future streets easements had proven difficult in the past. Inman requested that the item be tabled until a solution for the adjacent property owners could be found. Charlie Sloan, developer, said that he was trying to make all parties happy, and had met with adjacent property owners to find a compromise that would accommodate everyone. He said that the approved alignment was fine with him, as a stub-out would be if required. He said that he would like to settle the alignment question at this meeting. Hoskins asked Mr. Sloan if he wanted to table the request. Sloan said that he would like to move forward with a decision. Winston said that the next developer [to the north] could connect when the property is developed and thereby provide connection to the west. Planning Commission October 27,5014 Agenda Item 1 10-13-14 Minutes Page 5 of 11 Cook said that the Commission was discussing this development proposal; that the connection should not be pushed to the future for another phase. Winston said that if there is no more development in the area, then a connection isn't needed, and that if there is more in the future, the commission would expect a future stub-out of that developer. Motion #1: Commissioner Cook made a motion to approve ADM 14-4840 in favor of all conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion failed with a vote of 2-6-0. Commissioners Hoskins, Honchell, Winston, Bunch, Noble, and Selby voted `no'. Motion #2: Commissioner Winston made a motion to approve ADM 14-4840 as proposed by the applicant. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Cook and Autry voted `no'. Planning Commission October 27,6014 Agenda Item 1 10-13-14 Minutes Page 6 of 11 CUP 14-4854: Conditional Use (2600 W. JUDGE CUMMINGS RD./MT. KESSLER PARK, 602): Submitted by PARKS AND RECREATION STAFF for property located at 2600 W. JUDGE CUMMINGS ROAD. The property is zoned P-1, INSTITUTIONAL and contains approximately 60 acres. The request is for additional parking. LSD 14-4819: Large Scale Development (2600 JUDGE CUMMINGS RD./MT. KESSLER REGIONAL PARK, PHASE 1, 602): Submitted by PARKS AND RECREATION STAFF for property located at 2600 JUDGE CUMMINGS RD. The property is zoned P-1, INSTITUTIONAL and contains approximately 60 acres. The request is for 6 soccer fields, 4 baseball fields, an amphitheater, playground with large pavilion, and associated parking and concessions. Andrew Garner, City Planning Director, gave the staff report for both the conditional use and large scale development. Alison Jumper, Parks Department, was also present for the applicant. Public Comment: Hunter Haynes discussed that they were approached by the design team at LOS and Associates for a new internal street. We are a neighboring property owner and the street alignment Sonya Davis Gutierrez asked about public art in the park. No more public comment was presented. Garner discussed that he is not aware if public art is proposed. Commissioner Hoskins asked about Mr. Haynes discussion. Andrew Garner, City Planning Director, discussed that would be a cost-share issue with City Council for construction of additional streets and was not relevant for the commission's review of this large scale development which was in compliance with the Master Street Plan and other development codes. Commissioner Hoskins discussed that he will not be able to support the conditional use permit without additional trees. Motion #1: Commissioner Winston made a motion to approve CUP 14-4854 as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Hoskins voted `no. Motion #2: Commissioner Winston made a motion to approve LSD 14-4819 as recommended by staff. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 27,2014 Agenda Item 1 10-13-14 Minutes Page 7 of 11 PPL 14-4790: Preliminary Plat(3090 OAKLAND ZION RD./PARKERMAN ESTATES, 257): Submitted by BLEW & ASSOCIATES for property located at OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 16.70 acres. The request is for an 8 lot single family subdivision. Quin Thompson, Current Planner, read the staff report. Jorge Duquesne, Applicant, said he was present to answer questions. Mike Parker, Developer, added that he was proposing seven home sites. He said Oakland — Zion Road had been recently improved, was narrow, and that therefore he was requesting a narrower street within his development. Public comment: Lucas Campbell, potential buyer of one of the lots, said that he wanted a very private small development, that a 30' Collector street would be unattractive and unsafe for children. He asked that the Commission consider deviating from the Master Street Plan. Trish Dick, potential buyer of one of the lots, said that she hoped for a small private neighborhood with small children, and that she would like it to stay that way in the future. Mike Waggoner, potential buyer of one of the lots, said he wanted a quiet country setting, and it didn't make sense to build a wide street. He asked that the Commission consider not requiring such a street. No more public comment was presented. Motion: Commissioner Winston made a motion to approve PPL 14-4790 as recommended by staff except recommending in favor of the Master Street Plan amendment as requested by the applicant. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Cook voted `no'. Planning Commission October 27,8014 Agenda Item 1 10-13-14 Minutes Page 8 of 11 RZN 14-4848: Rezone (940 WEST MAPLE ST./CHI OMEGA HOUSE, 444): Submitted by DEVELOPMENT CONSULTANTS for property located at 940 WEST MAPLE ST. The property is zoned P-1, INSTITUTIONAL AND RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Alan Young, applicant, had no additional comments. Motion: Commissioner Winston made a motion to forward RZN 14-4848 to the City Council with a recommendation of approval. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission October 27,9014 Agenda Item 1 10-13-14 Minutes Page 9 of 11 RZN 14-4850: Rezone (NORTHEAST CORNER OF MILK BLVD. AND S. HILL AVE./HANNA'S LANDING, 522): Submitted by CEI ENGINEERING for property located at ON THE NORTH SIDE OF MLK BLVD. BETWEEN GOVERNMENT AVE. AND HILL AVE. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 4.80 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. Jesse Fulcher, Senior Planner, read the staff report. Steven Giles, applicant, stated that the industrial zoning is not right for this property, there are challenging slopes, the property is along a thoroughfare and so C-2 is an appropriate district. It will provide neighborhood shopping for the area. Public comment: Dwight Rash, neighbor, stated he agreed with Mr. Giles. A grocery store would be a good use near the center of town. Hank Kaminski, neighboring property owner, stated he had mixed feelings about this. An unnamed store to be located on the property will be visually appealing. Is surprised by staff's recommendation. The development will improve property values, but we'll lose other value. Sonia Gutierrez, citizen, stated that the existing zoning and buildings are good for business start-ups. Don't support the rezoning. Alex Mahler, neighboring property owner, stated that a shopping area would make it more walkable and will look better than what's there now. No more public comment was presented. Kit Williams, City Attorney, stated that the #1 consideration in a rezoning review is compatibility. The staff's report is heavy on City Plan 2030. The applicant's request seems like a downzone, but staff is pushing for a form-based zoning district. Commissioner Hoskins asked for staff's opinion of UT, Urban Thoroughfare zoning district. Fulcher stated that staff review the applicant's request for C-2 and does not have an opinion on another zoning option. Commissioner Winston stated that the C-2 zoning district may require a large retaining wall on the back of the property and that a walkable transition won't be created. Commissioner Autry stated that this is a transitional area, very tradition part of Fayetteville. Redevelopment could have a positive impact on neighbors. Can't support the applicant's request. Commissioner Cook stated that he is not a fan of C-2 in this area. A form-based district is a good middle ground, because it will allow commercial use in a good form. Planning Commission October 2710014 Agenda Item 1 10-13-14 Minutes Page 10 of 11 Commissioner Bunch stated she was not in support of C-2. A grocery store would be nice. There are a lot of other uses also possible in C-2.There needs to be a different zoning request. Commission Honchell stated he was concerned about traffic. Streets to the north can't support traffic loads. Could see a form-based zone here. The C-2 district is too heavy for the area. Commission Winston stated that this is the Mill District. It's young and just getting started. Motion: Commissioner Winston made a motion to forward RZN 14-4850 to the City Council. Commissioner Honchell seconded the motion. Upon roll call the motion failed with a vote of 0-8-0. 5. Reports: No reports 6. Announcements: No announcements 7. Adjournment Time: 7:31 PM 8. Submitted by: City Planning Division Planning Commission October 2711014 Agenda Item 1 10-13-14 Minutes Page 11 of 11 CITY OF ayevi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer MEETING DATE: October 27, 2014 SUBJECT: VAR 14-4869: Variance (LOTS 18-30 STONEBRIDGE MEADOWS SUBDIVISION, 608): Submitted by ENGINEERING SERVICES, INC. for property LOTS 18-30 in the STONEBRIDGE MEADOWS SUBDIVISION. The property is zoned RSF-4 and contains approximately 5.00 acres. The request is for a variance of the Streamside Protection Zone. RECOMMENDATION: Staff recommends approval of VAR 14-4869 as described further within this memorandum. BACKGROUND: The variance relates to the properties at addresses 3796-3778 Spyglass Hill which are located on the west side of Spyglass Hill Drive within Stonebridge Meadows Phase V. The plat indicates single family lots which range in size from approximately 12,000 SF to 35,000 SF depending on the configuration. The lots included in the variance request were platted with a 25' front setbacklutility easement and are bounded in the rear by an unnamed tributary of the West Fork of the White River(referred to as tributary herein). The subject phase of Stonebridge Meadows was platted in 2006 in advance of the streamside protection ordinance which was adopted in 2011. The unnamed tributary referenced is protected by the adopted ordnance. However, it should be noted that the tributary was modified prior to the adoption of the ordinance by placement of an in-stream dam. This has created a continuous pool of water behind the lots rather than a natural stream condition and has been incorporated as a feature of the Stonebridge Meadows Golf Course. DISCUSSION: The applicant proposes to construct new single family homes consistent with the homes currently constructed in the area. In order to construct a home on any of the lots, a variance from the streamside protection ordinance is required as the homes will encroach on both the Waterside and Management Zones given the extent of the protected area as called for by the ordinance. The widths of the zones are shown on the exhibit submitted with the variance application. The width of Zone 1 is a total of 45 feet as the slopes adjacent to the tributary are greater than 15 percent and subject to the steep slopes provision in the ordinance. The total width of Zone 2 is shown as 25 feet as provided in the ordinance for a total streamside protection width of 70 feet from the top of bank. Given the location of the top of bank as defined by the applicant and the Mailing Address: 113 W. Mountain Street www.fgetteville-ar.gov Fayetteville, AR 72701 Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 1 of 12 configuration of the lots, this provision would make the lots virtually unbuildable. The largest remaining buildable area would be approximately 7,500 SF, however, the average buildable area of approximately 1,800 SF for each of the lots. Please see the attached buildable area exhibit for further clarification. If the top of bank were interpreted to be closer to the top of the slope behind the lots, as would be the determination by staff in this case, the streamside protection zones would further reduce the buildable area of the lots and further reinforce the need for this variance. However, staff would agree that the top of bank defined by the applicant is an acceptable location to begin the proposed buffer areas as noted in the recommendations below. As stated previously,the lots were platted prior to adoption of the streamside protection ordinance so the additional depth required to comply with the ordinance was not taken into account in the original subdivision design. At present, the streets have been constructed and lots across the street have begun to develop. Therefore,the lots in question could not be developed and maintain compliance with the streamside ordinance by physically altering the existing or proposed improvements. Recommendation: Finding that streamside protection ordinance would render the lots in question otherwise unbuildable and the tributary in question was previously altered prior to the adoption of the ordinance staff recommends approval of ADM 14-4869 subject to the following conditions: 1. A minimum undisturbed buffer area 25 feet in width shall be maintained as measured from the top bank defined on the attached exhibit. No disturbance of any kind will be allowed within this zone and the developer shall erect tree preservation fencing along this line prior to and during home construction to keep construction traffic from entering the undisturbed zone. 2. Permanent signage shall be placed at the rear of each lot identifying the extents of the streamside protection zone. The signage plan shall be submitted with the building permit application. 3. The current owner shall disclose to any potential buyer of any lots/homes affected that the lot/home is subject to the streamside ordinance and they will be responsible for compliance as the owner. This disclosure shall include a description of the purpose of any features constructed to comply with this variance request and the fact that the features must be maintained in order for the lot to remain in compliance. 4. The developer shall propose and use best management practices (BMPs) to limit sediment runoff during construction of the homes. An erosion control plan shall be developed and submitted to staff for approval prior to construction. 5. The developer shall include with each constructed lot a low impact development (LID) feature to treat runoff from any impervious surface prior to it entering the stream or stream buffer area. This could include, but is not limited to, a rain garden or bioswale designed and maintained in general accordance with the City of Fayetteville Drainage Criteria Manual. This feature shall be included in the design prior to issuance of a building permit and inspected prior to issuance of a certificate of occupancy. Planning Commission Action: ❑Approved ❑Forwarded ❑Denied Meeting Date: October 27, 2014 Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 2 of 12 Motion: Second: Vote: FINDINGS: City of Fayetteville Unified Development Code Section 156.03 Development Variances Certain variances of the development regulations may be applied for as follows: (C) Consideration by the Planning Commission (9) Streamside Protection Zones (a) Undue hardship. If the provisions of the Streamside Protection Ordinance are shown by the owner or developer to cause undue hardship as strictly applied to the owner or developer's property because of its unique characteristics, the Planning Commission may grant a variance on a permanent or temporary basis from such provision so that substantial justice may be done and the public interest protected, provided that the variance will not have the effect of nullifying the intent and purpose of the Streamside Protection regulations. Staff agrees with the statement that the lots in question would be otherwise unbuildable due to the defined streamside protection zones. Due to the fact the streamside protection ordinance was approved between the time in which the lots were plattedlstreet construction and the proposed development of the lots, staff finds that the request is a result of undue hardship noted above and is justified. (b) Consideration of alternative measures. The applicant for the variance shall establish that a reasonable rezoning by the City Council or variance request from the Board of Adjustment will not sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations. Due to the extent of the streamside protection zone on the property, a rezoning or variance request from the board of adjustments would not address the hardship to an extent that would otherwise make the construction of a home on the lots feasible. The applicant is currently researching the possibility to reduce the front setback of the lots to the current 15 feet in width which would increase the buildable area but not eliminate the need for a variance. This option would require the vacation of a portion of utility easement. (c) Conditions and safeguards. In granting any variance, the Planning Commission may prescribe appropriate conditions and safeguards to substantially secure the objectives and purpose for the regulations so varied and to mitigate any detrimental effects the variance may cause. The Planning Commission should consider the Streamside Protection Best Management Practices Manual and any mitigation recommendations from the City Engineer. Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 3 of 12 See staff conditions listed above. BUDGET/STAFF IMPACT: None Attachments: ■ Applicants letter • Proposed variance request exhibit ■ Applicant provided streamside zone exhibit • Buildable area exhibit Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 4 of 12 ENGINEERING SERVICES INC. _ 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph:479-751-8733 • Fax: 479-751-8746 September 30,2014 Planning Commission Char City of Fayetteville,Arkansas 125 West Mountain Fayetteville,AR 72701 RE: Variance of Streamside Protection Ordinance Lots 18—30 in Phase V of Stonebridge Meadows Subdivision Dear Mr. Sir or Ma'am, On behalf of our clients,we are requesting a variance of the Streamside Protection Ordinance(Title XV, Unified Development Code, Chapter 168—Flood Damage Prevention Code)for Lots 18—30 in Phase V of Stonebridge Meadows Subdivision.These thirteen lots are located along the west side of Spyglass Hill Drive, and include Washington County parcel numbers 765-27001-000 through 765-27013-000. The properties are owned by Meadow Enterprises, Inc. (Lots 20-29), Riggins Commercial Construction and Development,Inc.(Lots 19 and 30),and Roger and Mary Jane Bryles(Lot 18). All thirteen lots are affected in a similar manner by the Streamside Protection Ordinance. All lots were created by the Final Plat of Phase V of Stonebridge Meadows Subdivision to the City of Fayetteville, Arkansas, filed at Book 23, Page 279 on March 9, 2007. The lots were therefore created prior to the implementation of the Streamside Protection Ordinance by the City of Fayetteville. The thirteen lots are all included in the RSF-4, Residential Single Family—Four Units Per Acre zoning district. All thirteen lots are currently vacant. Permits for residential construction on the lots owned by Riggins Commercial Construction and Development, Inc. were initially approved and then suspended by the City of Fayetteville. Subsequent to obtaining a building permit, limited work to construct the permitted home on Lot 30 has been completed. All thirteen lots slope down from the street right-of-way at the front of the lot to a pond located at the rear of the lot, and the rear property line of each lot is submerged in water. The west end of each of the thirteen lots is within Flood Zone `A' as depicted in FEMA Flood Insurance Rate Map (FIRM) No. 05143CO24OF dated May 16,2008.The Final Plat provides minimum Finished Floor Elevations for all of these lots. Although permits were issued for residential construction on the lots owned by Riggins Commercial Construction and Development, Inc.,a determination was later made by City of Fayetteville staff that the properties are subject to the regulations included in the Streamside Protection Ordinance, and all inspections related to the construction were put on hold pending resolution of the issue. Jerry W.Martin,EE. Philip C.Aumbard,RE.,P.L.S. tlrino),Moore,P.E. Tim J.Mays P.E. ChaiW of rtn,aN &esbard ViceM Mm-e, Tim J. Mays, REr • r Engineers and Surveyorsr • ®` ENGINEERING SERVICES INC. Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 5 of 12 Fayetteville Planning Commission Chair September 30,2014 Page 2 Included with the variance application materials is an exhibit which shows the property boundaries (per the Final Plat of the Development), approximate top of bank (per field data collected by ESI survey department), and 2' interval topographic contours (per Fayetteville GIS system). The exhibit also includes additional relevant information, such as boundaries and property lines for adjacent parcels, street names,and the location of the 25'front building setback for the thirteen subject properties. The top of bank was determined based on field data collected by ESI survey department personnel in accordance with the definition provided in the Streamside Protection Best Management Practices Manual: "The top of bank is the point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage." The precise location of the top of bank as specified by this definition was somewhat difficult to determine is some areas due to vegetation and topography, but the survey crew was able to determine the general location of the top of bank at the rear of the subject properties. The 2' topographic contours illustrate that the existing slope across the first 25' of Zone 1,the Streamside Zone, is in excess of 15%. For this reason, the Streamside Zone is illustrated on the enclosed exhibit as 45' wide rather than 25' wide, which is allowed only for slopes below 15%. Zone 2, the Management Zone,extends an additional 25' from the boundary of Streamside Zone. The total distance from the top of bank to the limits of the area subject to the Streamside Protection Ordinance is therefore 70' (45' for Zone 1,the Streamside Zone plus 25' for Zone 2,the Management Zone). As the enclosed exhibit illustrates, enforcement of the streamside protection ordinance for these lots would render them unbuildable, which constitutes an undue hardship. Accordingly, we request a permanent variance waiving the requirements of the streamside protection ordinance for the portions of Lots 18-30 of Stonebridge Meadows Phase V located outside the current boundaries of Flood Zone A as depicted on FEMA FIRM Map No. 05143CO24OF dated May 16, 2008 and also shown on the enclosed exhibit. The variance would maintain the purpose and intent of the streamside protection ordinance by restricting activities in the most critical portions of the lots,the areas near the water.The variance would also preserve the property owners' right to develop the properties by constructing single family residential structures on the affected lots. The hardship is a result of the limited distance between the street right-of-way and the top of bank,and no alternative measure such as a rezoning or variance from the Board of Adjustment has been identified which would alleviate the hardship. Jerry w.Martin,EE. Philip C.Humbard,RE.,P.L.S. Brian J.Moore P.E. Tim J.Mays HE. Chairmanoartn,R urnbavmsideno ViJ.Modnrt SLM J.Mays, RE • and Surveyors www.engineeringservices.com ENGINEERING SERVICES INC. �` Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 6 of 12 Fayetteville Planning Commission Chair September 30,2014 Page 3 The following application materials are enclosed with this letter: • Three Completed, Signed Variance Applications(one for each property owner) • Variance Exhibit • Certified List of Adjacent Property Owners • Warranty Deeds for All Subject Parcels • Copy of Final Plat of Phase V of Stonebridge Meadows • Check to City of Fayetteville in the amount of$25.00 for Variance Application Fee Please let me know if you have any questions or need any further information. Sincerely, Daniel Laze 13nclos es Jerry W.Matin,P.E. Philip C.Hnmbard,BE.,U.S. Brian J.Moore,P.E. Tim J.MAYSi BE. Consulting Engineers and Surveyors www.engineeringservices.com ENGINEERING SERVICES INC. Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 7 of 12 3 ' E-4 eE„ p W #s: al' •i r ass �-��: o r 8 _ 4 N o N O I li I .y Ii V i n mission 14 Agenda Item 2 14-4869 Stonebridge Meadows Page 8 of 12 _ .r 14 w, f h� - � W - m a N - anoa sand loos i-� � I-a afr Hand Ana xswnes hop r, � 9 / t Ing ;y® 1 rvsr. l �o r:;p t t m= a 1 > 1 e J I I Q� 1 / I I � 1 U , 1 � Planning Con mission 14 Agenda Item 2 14-4869 Stonebridge Meadows Page 10 of 12 i R Vr. I- .ti ti � 1' � f a'. ��• � 'S. kr i; 1 0 V -t Fc�• � e� L [ `.. ' ll�!-, . LWaj,ADM14-4869 Footprints 2010 I. �I • • I . _ • 1 ADM14-4869 SPYGLASS HILL Close Up View RSF-1 SUBJECT PROPERTY ji • 1 _ r a . I RSF-4 ` 1 - 1_ 6J __ 5 \, SPRINGLAKE =O la A '1 SPANISH BAY PL IFFAIRMAD y' Legend' Mutts-Use Frail(E 064.) Fukure-Tran }at a -, F ,yettevtlle�ity Limits ' LMWJA DM14-4869 - Footprints 2010 - Hillside-Hilltop Ov4 irlay District Design Overlay Di trict Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area Foal Planning Commission October 27,2014 Agenda Item 2 14-4869 Stonebridge Meadows Page 12 of 12 CITY OF Tay% e evi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jeremy Pate, Development Services Director FROM: Andrew Garner, City Planning Director MEETING DATE: October 27, 2014 SUBJECT: ADM 14-4871: Administrative Item (Refund for Off-site Improvements/ Delays Project): Submitted by City staff, requesting the Planning Commission to refund various delayed off-site improvement contributions related to projects that have not occurred nor are going to occur in the near term, pursuant to §158.05 of the UDC. RECOMMENDATION: Staff recommends approval of ADM 14-4871. BACKGROUND: The Planning Commission is charged by the Unified Development Code with determining the necessary infrastructure improvements to be required of a developer in association with a proposed development project. These improvements are to be roughly proportional to the impact the development has upon the infrastructure. Occasionally the Planning Commission will require a developer to contribute money-in-lieu of an improvement, when it determines that the needed off-site improvement cannot be built until future development or a larger infrastructure project occurs. This payment amount is determined by the Planning Commission to be the developer's proportionate share of the cost of said off-site improvements. Delayed improvement payments are deposited into an interest bearing escrow account until such time as the off-site improvement is constructed. In an effort to continue to manage this account, the-Development-gervices-Department-staff-has-worked-with-the-Accounting-Deparxment-te-go through individual payments in the account dating back to the 1990s, linking the payment to a specific development project and a specific off-site improvement, and determine if the improvement has occurred or not. If the improvement has not been completed, staff has evaluated the time frame in which the payment was made, and recommended a course of action. This account and the project evaluation are ongoing. DISCUSSION: Pursuant to the current UDC requirements, if a required off-site improvement is not constructed within five years from the date of the payment, the Planning Commission is charged with determining the disposition of the money. The Planning Commission has three options at its disposal: Mailing Address: Planning Commission 113 W. Mountain Street www.fay00n6He2argV4 Fayetteville, AR 72701 Agenda Item 3 14-4871 Refund Projects Page 1 of 4 1) Determine that the off-site improvement is still necessary and feasible, and can be built within a reasonable time, in which case the money is retained for a time period specified by the Planning Commission. 2) Determine that the off-site improvement is not necessary or feasible, or unlikely to occur in the foreseeable future, in which case the money is refunded to the then current owner of the land. 3) Determine that the money should be used for a different purpose that will benefit the neighborhood, when written consent of a majority of the property owners and developer is provided. For the off-site improvements listed in the attached table, staff is recommending that all $30,969.79 be refunded to current property owners, as prescribed by the UDC §158.05. In evaluating these specific off-site improvements, most of the projects have been deemed not feasible at this time, and/or not planned in the foreseeable future. Several of the projects are quite old; contributions were taken by the Planning Commission back in 1990s, before there was a 5-year limitation on the use of the funds. With all of these particular money-in-lieu payments, staff recommends that the Planning Commission determine that the money should be refunded at this time. Staff continues to work on identifying all of the payments in this account, and will likely return to the Planning Commission in the future to determine the disposition of funds remaining, as necessary. The most recent refund from this account to property owners occurred in 2012 after the Planning Commission approved ADM 12-4145 on May 29, 2012 and refunded $134,753.00 for off-site improvements that were not completed. RECOMMENDATION: Staff recommends approval of ADM 14-4871 to refund the assessments for off-site improvements as included in the attached list. Planning Commission Action: O Approved -O Tabled O Denied Meeting Date: October 27, 2014 Motion: Second: Vote: BUDGET/STAFF IMPACT: $30,969.79 from the off-site improvements account to be refunded to property owners. Attachments: • UDC Section 158.05 • List of off-site improvements for refund and the original contributor Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4871 ADM UDC Section 158.05 October 27,2014 (Off Site Improvement-Delayed Projects)\03 Planning Commission\10-27-2014 Agenda Item 3 14-4871 Refund Projects Page 2 of 4 Fayetteville Unified Development Code Section 158.05 Off-Site Improvements/Delays (A) Proportionate share. If the Planning Commission determines that a needed off-site improvement cannot be built until future development occurs, the developer shall pay to the city an amount determined by the Planning Commission, in accordance with the standards prescribed in §166.04, to be the developer's proportionate share of the cost of said off-site improvements as of the date of final plat or large scale development approval. (1) The city shall deposit said money into an interest bearing escrow account until such time as the off-site improvement is constructed and shall provide for payment of interest on said amount at the rate of 10% per annum, or the maximum rate allowable under Arkansas law, whichever is lower. (2) If the off-site improvement is not constructed within five (5) years from the date of the first payment into the escrow account by a developer, the Planning Commission shall hold a public hearing, after notification to all affected property owners, to determine the disposition of all money in the escrow account. Following the public hearing, the Planning Commission may: (a) Determine that the off-site improvement is still necessary and feasible, and can be built within a reasonable time, in which case the escrow account shall be continued for a period specified by the Planning Commission; or (b) Determine that the off-site improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future, in which case the Planning Commission shall refund the monies to the then current owner of the land for which such fee was paid with interest since the date of payment. Interest shall be based on a five percent (5%) annual rate. (c) With the written consent of a majority of the property owners who have purchased lots in the subdivision(s) and the developer(s), direct that money in the escrow account be utilized for a different purpose which will specifically benefit the neighborhood. (B) Bill of Assurance/performance bond. The developer may, with approval of the City Council—guarantee-payment of-said-amount-so-determined-by executing-a-bill-of-assurance, or performance bond in a form approved by the City Attorney. Bills of Assurance and/or performance bonds shall meet the following requirements: (1) Bills of assurance shall be filed of record and shall be a covenant running with the land. (2) Bills of assurance, or performance bonds, shall obligate the landowner to pay the city the amount so determined by the Planning Commission within 10 days from receipt of written notice from the city. (Ord. No.4100,§2(Ex.A),6-16-98;Ord. 5296, 12-15-09) Planning Commission G:\ETC\Development Services Review\2014\Development Review\14-4871 ADM UDC Section 158.05 October 27,2014 (Off Site Improvement-Delayed Projects)\03 Planning Commission\10-27-2014 Agenda Item 3 14-4871 Refund Projects Page 3 of 4 3 U a^°. Ln LQ1n ^� n O = u M o Co m m W m UT N t/F N f11 d Q E T > } — r E Q. n 3 Y E E � a+ ot) c 'pp O Ln p N ro E r m Lri � C t0 � a� — C M N O m z C E o_ E 3 U �y m Jt d C C c O Ja w N > d T O al m Q N C O (u E ` 0 N y 'M•' s 3 m CL 3 aai �n a in L N _ d ko � lO M E a ZLnunp V un O n N O O aL o J u a v E � a` u L U N 0 .O VC L d _ m ID- ca C> 0 C m P O alZ V U M U CJ � Ly (n n M N r Q o ti N N Planning Commission ti ko ti ti October 27,2014 L un Agenda Item 3 14-4871 Refund Projects Page 4 of 4 CITY OF ayevi le PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission THRU: Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer MEETING DATE: October 27, 2014 SUBJECT: VAR 14-4877: Variance(Lot 25 CRESCENT LAKE SUBDIVISION, 607): Submitted by Baumann Construction, LLC. for property Lot 25 in the Crescent Lake Subdivision. The property is zoned RSF-4 and contains approximately 0.40 acres. The request is for a variance of the Streamside Protection Zone. RECOMMENDATION: Staff recommends approval of VAR 14-4877 as described further within this memorandum. BACKGROUND: The variance relates to the property at address 1552 Springlake Drive which is located on the east side of Springlake Drive within Crescent Lake Subdivision. The plat indicates a single family lot which is approximately 17,328 SF with approximately 7,825 SF of buildable area NOT taking into account the streamside protection ordinance. The lot included in the variance request is platted with a 25' front setback/utility easement and is bounded in the rear by an unnamed tributary of the West Fork of the White River(referred to as"tributary" herein). The subject phase of Crescent Lake was platted in 2005 in advance of the streamside protection ordinance which was adopted in 2011. The unnamed tributary referenced is protected by the adopted ordnance. However, it should be noted that the tributary was modified prior to the adoption of the ordinance by placement of an in-stream dam. This has created a continuous pool of water behind the lot rather than a natural stream condition and has been incorporated as a feature of the Stonebridge Meadows Golf Course. DISCUSSION: The applicant proposes to construct a new single family home consistent with the homes currently constructed in the area. In order to construct a home on the lot, a variance from the streamside protection ordinance is required as the home will encroach on both the Waterside and Management Zones given the extent of the protected area as called for by the ordinance. The widths of the zones are shown on the exhibit submitted with the variance application. The width of Zone 1 is a total of 45 feet as the slopes adjacent to the tributary are greater than 15 percent and subject to the steep slopes provision in the ordinance. The total width of Zone 2 is shown as 25 feet as provided in the ordinance for a total streamside protection width of 70 feet from the top of bank. Given the location of the top of bank as defined by the applicant and the configuration Mailing Address: 113 W.Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Planning Commission October 27,2014 Agenda Item 4 14-4877 Crescent Lake SD Page 1 of 9