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HomeMy WebLinkAbout2017-01-09 - Agendas - Final CITY OF Tay� LY i'I'l e� AGENDA ARKANSAS Final Agenda Planning Commission Meeting January 09, 2017 5:30 PM 113 W. Mountain, Room 219 Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan City Staff: Andrew Garner, City Planning Director; Jonathan Curth, Senior Planner; Quin Thompson, Planner; Harry Davis, Planner City Attorney: Kit Williams Call to Order Roll Call Consent 1. Approval of the minutes from the December 12, 2016 meeting. 2. ADM 15-5682: Administrative Item (N. END OF TRUCKERS DR./LSD 15-5097 EXTENSION REQUEST, 208): Submitted by ENGINEERING SERVICES, INC for property at the NORTH END OF TRUCKERS DR. The request is to extend the original approval of Grand Retirement Community, LSD 15-5097. Planner: Quin Thompson 3. VAR 16-5695: Variance Item (1404 E. ELMWOOD DR./MILTON, 369): Submitted by MISSY & MICHAEL MILTON for property located at 1404 E. ELMWOOD DR. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.55 acres. The request is for a variance to the Flood Damage Prevention Ordinance (freeboard requirement). Engineer: Alan Pugh Old Business None New Business 4. VAR 16-5679: Variance Item (1441 S. COOPERS COVE/C3 CONSULTING, INC., 568-607): Submitted by C3 CONSULTING, INC. for property located at 1441 S. COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.37 acres. The request is for a variance to the Streamside Protection Ordinance. Engineer: Alan Pugh Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 5. VAR 16-5698: Variance Item (227 W. DICKSON STJLUMIERE THEATRE, 484): Submitted by BLACKWELL ARCHITECTS, INC. for property located at 227 W. DICKSON ST. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 0.13 acres. The request is for a variance to the Downtown Design Overlay District and the Commercial Design and Development Standards Planner: Jonathan Curth 6. CUP 16-5683: Conditional Use (3198 N. GREGG AVE./WRMC TEMP. OFFICE BUILDINGS, 250): Submitted by JEFF BARKER for property located at 3198 N. GREGG AVE. The property is zoned P-1, INSTITUTIONAL and contains approximately 3.82 acres. The request is to temporarily use construction trailers for medical offices. Planner: Jonathan Curth 7. RZN 16-5667: Rezone (1918 S. GARLAND AVEJANDERSON, 600): Submitted by SKIP ANDERSON for property at 1918 S. GARLAND AVE . The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.32 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Planner: Jonathan Curth 8. RZN 16-5677: Rezone (3535 E. HUNTSVILLE RD./HARRIS, 529): Submitted by BLEW & ASSOCIATES for property at 3535 E. HUNTSVILLE RD . The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Harry Davis 9. ADM 16-5697 Administrative Item (UDC CHAPTER 151 & 174.09/UDC AMENDMENT SIGN ILLUMINATION): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 151 and 174.09 to eliminate the sign illumination requirement in the 1-540 Design Overlay District. Planner: Andrew Garner 10. ADM 16-5684 UDC Chapter 164.02/UDC Amendment Attached Accessory Structures): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 164.02 to allow shared accessory structures to be built across property lines. Planner: Quin Thompson The following items have been approved administratively by staff • LSP 16-5658: Lot Split (NE OF JEWELL RD. & SALEM RD./LOT 5 — FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located NE OF JEWELL RD. & SALEM RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.81 acres. The request is to split the parcel into 4 lots containing approximately 1.12, 3.35, 3.24, and 2.10 acres. Planner: Jonathan Curth • LSP 16-5623: Lot Split (219 & 223 N. BLOCK AVE./BLOCK STREET PARTNERS, 484): Submitted by BLEW & ASSOCIATES, INC. for properties located at 219 & 223 N. BLOCK AVE. The properties are zoned MSC, MAIN STREET CENTER and contain approximately 0.19 and 0.19 acres. The request is to split the 2 parcels into 4 lots containing approximately 0.09, 0.09. 0.10, and 0.10 acres. Planner: Jonathan Curth 2 • LSP 16-5678: Lot Split (6332 W. SHREVE DR./PERGESON, 513): Submitted by BLEW &ASSOCIATES, INC.for property located at 6332 W. SHREVE DR. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 23.16 acres. The request is to split the parcel into 2 lots containing approximately 2.00 and 21.16 acres. Planner: Quin Thompson • LSP 16-5676: Lot Split (2808 N. OAKLAND ZION RD./PARKER, 257): Submitted by BLEW & ASSOCIATES, INC. for property located at 2808 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 11.97 acres. The request is to split the parcel into 3 lots containing approximately 7.42, 2.55 and 2.00 acres. Planner: Harry Davis • LSP 16-5672: Lot Split (265 S. CROSS AVE./BAUMANN + CROSNO, 520): Submitted by BATES & ASSOCIATES, INC. for property located at 265 S. CROSS AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to split the parcel into 2 lots containing approximately 0.12 acres each. Planner: Jonathan Curth • LSP 16-5498: Lot Split (1753 N. GARLAND AVE./CAPD, 365): Submitted by BLEW & ASSOCIATES, INC. for property located at 1753 N. GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.37 acres. The request is to split the parcel into 2 lots containing approximately 0.18 acres each. Planner: Quin Thompson • FPL 16-5587: Final Plat (SE OF ZION RD. & HARBOR ISLE/WOODBURY SD, 137): Submitted by BLEW & ASSOCIATES, INC. for properties located SE OF ZION RD. & HARBOR ISLE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 11.65 acres. The request is for final plat approval of a single family subdivision with 33 lots. Planner: Andrew Garner Announcements 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. 3 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. 4 CITY OF Ta L MINUTES ARKANSAS Planning Commission December 12, 2016 5:30 PM 113 W. Mountain, Room 219 Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan Call to Order: 5:30 PM, Kyle Cook In Attendance: Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan Absent: Janet Selby Staff: Andrew Garner, City Planning Director; and Harry Davis, Planner. City Attorney: Kit Williams Consent Agenda: 1. Approval of the minutes from the November 28, 2016 meeting. 2. ADM 16-5665: Administrative Item (731 S. RAZORBACK RD./MOO-LICIOUS ESSPRESSO 1 YR. MOBILE VENDOR, 560): Submitted by CODY BAILEY for property located at 731 S. RAZORBACK RD. The property is zoned UT, URBAN THOROUGHFARE, and contains approximately 0.94 acres. The request is for a 1 year Mobile Vendor permit. 3. CCP 16-5656: Concurrent Plat (SW OF PROVIDENCE DR. & MTN. RANCH BLVD./PARKHILL AT MOUNTAIN RANCH PH. II — LOTS 1-3 & 98, 479): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SW OF PROVIDENCE DR. & MTN. RANCH BLVD. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.00 acres. The request is for 7 single family lots. Motion: Commissioner Hoskins made a motion to approve the consent agenda with the condition that the minutes be revised to remove the strikeout on PPL 16-5642 from "As recommended by staff' because Morningside was to be improved as recommended by staff. Andrew Garner, Planning Director: Indicated the requested correction would be reflected in the final minutes. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevilleanua 9,em 1 Fayetteville, AR 72701 ,2016 Item 1 Y December 12,2016 Minutes Page 1 of 11 Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Old Business: No Items New Business: 4. VAR 16-5666: Variance Item (375 N. RUPPLE RD./OWL CREEK NATURE TRAIL, 478): Submitted by CRAFTON TULL, INC. for property located at 375 N. RUPPLE RD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 24.08 acres. The request is for a variance to the Streamside Protection Ordinance. Alan Pugh, Floodplain Administrator: Gave the staff report. Tom Hennelly, Crafton Tull, applicant representative: Present for questions. Public Comment: No public comment was presented. Ron Autry, Commissioner: Discussed that he does not have any issues with this variance. Motion: Commissioner Belden made a motion to approve VAR 16-5666 with conditions as recommended by staff. Commissioner Quinlan seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 9,2017 Agenda Item 1 December 12,2016 Minutes Page 2 of 11 5. PPL 16-5643: Preliminary Plat (SOUTH END OF PUMPKIN RIDGE RD./FALLING WATERS SD, 564): Submitted by CRAFTON TULL & ASSOCIATES, INC. for properties located SOUTH OF PUMPKIN RIDGE RD. The properties are zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contain approximately 35.30 acres. The request is for 49 single-family lots. Andrew Garner, City Planning Director: Gave the staff report. Bradley Bridges, Crafton Tull, applicant representative: Present for questions. Kyle Cook, Commissioner: Asked about steepness of Road B. Bridges: We are aware of this and are working on it to ensure that we meet the Fire Department requirements. Kit Williams, City Attorney: Asked if they are agreeable to paying parks fees? Bridges: Yes. Public Comment: No public comment was presented. Tom Brown, Commissioner: Asked the applicant about Lots 5 and 6 and stormwater drainage. Bridges: Discussed stormwater drainage and grades of the street to help with fire department and this development. Matt Hoffman, Commissioner: Stated his preference for the HHOD street sections. Bridges: Yes, we will use the HHOD streets sections in a 27-foot ROW. Tracy Hoskins, Commissioner: Asked about the expense of double frontage lots. Bridges: Discussed the design preference for lots in this configuration. Tom Hennelly, Crafton Tull, applicant representative: The developer wanted the backs of houses face the golf course and also for the homes to be developed with garages at the street level and the main level of the house. Cook: Asked about the LID street cross sections and proposed open ditch storm drainage presented at the Subdivision Committee. Bridges: Agreed to curb and gutter on the downhill side of the streets and confirmed that they will not use the LID street cross sections. Hoffman: Asked about double frontage lots and privacy fences that would be in the backyards of the uphill lots creating a wall along Street `A'. Bridges: Discussed that fences will not be on the downhill side. Planning Commission Januar1 9,2017 Agenda Item 1 December 12,2016 Minutes Page 3 of 11 Hennelly: Confirmed that these lots are very deep and the downhill side will remain wooded and privacy fence prevented through covenants. Allison Quinlan, Commissioner: Stated that she was impressed in the reduced amount of disturbance on the lots. As we spread ourselves out we have created a situation where we have 4,000 feet of street supported by a small number of homes. This is something that we really need to pay attention to not to overburden the city. Hoskins: Unless we make the privacy fence a condition it cannot be enforced. Williams: Stated that the City cannot control restrictive covenants. Leslie Belden, Commissioner: A lot of our plans appear to have a proposed trail that skirts along the road to the south. Bridges: Stated that there is no planned trail. Motion: Commissioner Autry made a motion to approve PPL 16-5643 with conditions as recommended, adding a condition to: "Approve a variance for double frontage lots with the requirement that privacy fence along the south side of street 'A" not be permitted." Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Quinlan voted `no'. Planning Commission Janual9,2017 Agena Item 1 December 12,2016 Minutes Page 4 of 11 6. PPL 16-5574: Preliminary Plat(NE OF 241" &COUNTRY CLUB DR./MOUNTAIN VISTA SD, 640-641): Submitted by BATES & ASSOCIATES, INC. for properties located NE OF 24Th & COUNTRY CLUB DR. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 54.16 acres. The request is for 52 single-family lots. Andrew Garner, City Planning Director: Gave the staff report. Geoff Bates, Bates and Associates, applicant representative: Was present for questions. Public Comment: Todd Devecsery, live on College Drive cul-de-sac. Significant improvements to this property would benefit us in our neighborhood. He asked about zoning and what is different between RMF- 24 and RSF-4. He discussed limited access to the entire area. He discussed that secondary access to 22nd should be provided. He discussed adverse property values that will result from this development. Joe Alexander, 22nd Street: Concerned with how this will affect 22nd Street. When will the trail be planned? Garner: Discussed the trail connection. Skip Holland, 2991 S. College Drive: I am for the development. He discussed concerns with emergency access. He discussed problems with water pressure and disagreed with staff. Michael Landman, 310 E. Fairway Lane: Concerns with traffic safety and with wildfire. Sue Calaway resident of South Mountain: Concerns with safety of 24th Street. She discussed traction issue on 24th Street. She read a letter that she wrote earlier this year to Adella Gray about traffic safety on 24th Street. She gave details of street traction and dangerous issues on 24th Street. She discussed confusion that the letters mailed to neighbors indicate RMF-24 zoning. She recommended extending another street connection to 22nd Street. Adam Siepielski, 2522 S. College Drive: The principal concern is a safety issue. I don't see how a single road can support this amount of traffic. If we needed to evacuate I would not feel that we could safely evacuate. This has to be done first and foremost in a safe manner. The water pressure issue is real during the summer when the country club golf course is irrigating. He also discussed concerns with wildfires and natural disasters combined with the lack of water pressure. Alex Marinoff, live in the adjacent neighborhood: He discussed the condition of 24th Street. He asked how many of you drove to Askew Drive. He agreed with safety concerns from a number of neighbors. If this project is approved and there are a number of accidents in the future, what exposure does the city have to litigation? Peter Elzer, lives on S. College Drive: The work they have done doesn't work. It is very slippery in good vehicles with good tires. He discussed traffic safety concerns. Tamera Scott, live at 460 Ravenswood Lane: It is important that the neighborhood is happy. Someone brought up opportunities on how the city would address their concerns at the Subdivision Committee meeting. Turn lanes into the Askew property could be a good idea. There Planning Commission Januar 9,2017 Agenda Item 1 December 12,2016 Minutes Page 5 of 11 is no way to get in there quickly. We have a lot of timber that is dry and old. If we have a wildfire we will be lit up.With the lack of water pressure and risk of wildfire it creates a dangerous situation. We are not against this development. Gary Brinson, 88 W. 2611 Circle: Live in the adjacent neighborhood. Concerned with so many houses going up at once. The water pressure will not hold with an extra 50 houses. We know that change must come, but the whole situation is staggering. We hope everyone thinks twice about this. Alex Liles, 102 Gary Circle: Discussed line of site from the Askew Drive being dangerous. There is a wall there and I do not think the line of site is very clear. The infrastructure concerns have been expressed well and I agree. Another concern for me is school buses. I have slipped even when using my four-wheel drive. The property values of the existing homes is a concern. He discussed the overall aesthetic impact of this project to their existing homes. Lewis Toth, 33 E. 2711 Circle: Lived in this neighborhood for 11 years. He discussed traffic safety in and out of the country club neighborhood. It is really very dangerous. On any given day there may be as many as 15 cars at the bottom of the hill during winter weather. It is very difficult and the one point of egress is a problem for us all. Mark Lungaro, 2489 S. College Drive: He discussed that all of the neighbors are concerned and want the property to keep its value. I have lived here for 25 years. Jim Hashbarger, 2519 S. College Drive: My property is directly adjacent. My main concern is that we have like housing that looks like a continuation of the property that is there. Allison Walker, live on S. College Drive: Agree with what everyone else said. This is one of the worst roads I have ever driven on (24th Street). She discussed being at the top of the hill where at times we have had no water pressure even in the colder months. We are concerned with an emergency situation. I request that more study of this be done. She discussed that it is a very quiet neighborhood. An alternative route to 22nd Street should eliminate the connection to S. College Drive that would be negative for the neighborhood. Linda Thomas, 116 26th Circle: We bought our house specifically for the view. I am now concerned with the view. Pam Janus, live on 241h Street: We have the hardwood floors store on highway 71 B. I don't think the city can afford to ignore these safety issues. Bob Jordan, 2952 S. College: If 22nd Street becomes a connection this will no longer be the family friendly neighborhood that it is. The water pressure here is lower than any other house I've lived in Fayetteville. Charles Hale: Seconded what has been previously said. He discussed dangerous road conditions getting in and out of this neighborhood. He also discussed water pressure, EMS, and traffic coming out of the Askew Drive. Jan Thompson, live on 29th Circle: If and when the subdivision is built, what happens with the construction trucks? What will happen with construction traffic? No more public comment was presented. Planning Commission Januar 9,2017 Agenda Item 1 December 12,2016 Minutes Page 6 of 11 Kyle Cook, Commissioner: Asked for Engineering's opinion on water pressure. Corey Granderson, Staff Engineer: Discussed water pressure in the area. This is a single feed water line. A water tank is not allowed because of airplane traffic. Booster pumps on 24' Street were replaced and upgraded in 2015. 1 contacted the Water Meter Operations Department about complaints with pressure. The City can test service pressure on the customer side of the request. I would like to talk to our utility department a little more regarding water pressure after hearing all of these complaints. When we did flow the hydrants in the area I was surprised in the area that it did meet the minimum for a single family homes. Brian Sloat, Assistant Fire Marshal: Discussed the fire emergency access up 24th Street is a big concern. If you do not have snow chains it could be very treacherous in bad weather. He discussed that fire trucks have snow chains. He discussed responding to calls in this area during his time on the fire truck. He discussed wildfire hazard in the area and potential evacuation using both lanes of 24th Street in the same direction to evacuate. Fire flow requirements were discussed, indicating over 1,350 gallons per minute which is a considerable improvement over the standard and what was there previously (prior to the booster pump upgrade). The trucks do come equipped with 500 gallons on each truck. We have mutual aid agreements for other area fire departments to help with brush fires. Yes, we do have concerns with emergency access but we reviewed this development and it meets all of the fire code requirements. Kit Williams, City Attorney: Asked about slope into this subdivision. Sloat: Indicated it would meet fire code. Ron Autry, Commissioner: Asked about the blue top fire hydrants and what that means. Sloat: 1,500 gallons per minute for the blue top hydrants. A minimum of 1,000 gallons per minute is required for single family homes and this neighborhood currently has 1,350 gallons per minute. Matt Hoffman, Commissioner: Asked about emergency response to this area and 24th Street compared to other hilly areas in Fayetteville. Sloat: It is average compared to others such as Rockwood Trail which is much worse. We work closely with the street department to have the worst roads treated first during bad weather. We have cables and the heavier snow chains on the trucks for response in worse weather. Cook: Asked about the 24th Street failure mentioned in Subdivision Committee. Granderson: Discussed significant water line leaks at the bottom of 24th Street that caused road damage that was repaired. Autry: Asked about flow regulators. Granderson: On some of the complaints of water pressure the Water Meter Department will hook up a gauge. The Water Meter Department indicated to me that in some cases where there was a complaint the pressure was fine at the meter, but there was something on the residents' side that was restricting water flows. Leslie Belden, Commissioner: Asked for a clarification between RMF-24 and RSF-4 zoning. Planning Commission Januar 9,2017 Agenda Item 1 December 12,2016 Minutes Page 7 of 11 Garner: Clarified differences between the RMF-24 and RSF-4 zoning. Tom Brown, Commissioner: Described on the north side of Askew Drive there has been an attempt to create a merging lane into 24th Street. A merging lane might help mitigate the traffic safety issue. He discussed including a speed bump would help slow traffic speeds on 24th Street. Williams: We did expend a lot of money to improve 24th Street. He gave background on improvement to 24th Street in the 1990s. The City has experimented with speed tables and it has not been successful. On a steep road speed tables would be very dangerous. This administration is pretty much on the record that speed tables are not desirable. The City staff has worked very hard in looking at these issues including traffic safety, access, and fire flow. I do not think there would be any issue with the City being litigated. The City is immune if we are negligent. But we are not being negligent and are trying our best to make this a safe development as you have heard by the staff that have evaluated this very closely. I am glad that we have worked on water pumps that have improved pressure. Brown: I am not in favor of speed tables, but the point that I wanted to make was that if they did consider a speed table it would need to be on 24th Street further south past that existing intersection where it would not be on the slope. Autry: Asked about site distance. Garner: Responded that site distance does meet code requirements. Autry: He discussed traffic speeds on 24th Street. He talked to the Police Department asking about traffic citations and dangerous situations. The Police Department indicated that there were no more citations or wrecks on 24t" Street than in other neighborhoods. Allison Quinlan, Commissioner: Asked Granderson of grade of 24th Street. Granderson: 8.5 % slope looking north from Askew. Quinlan: Asked about width of 24th Street. Garner: Confirmed that it is wide at 30-31 feet. Quinlan: Asked about storm water drainage. Granderson: Discussed storm water drainage. Quinlan: Asked about street connectivity. Garner: Discussed connectivity and that 22nd Street stubs out to this property but that it seemed to be infeasible to connect due to steep slopes. Granderson: Discussed connectivity to 22nd Street is not feasible. Bates: Indicated that slopes from this site to 22nd Street are in the range of 20%. Quinlan: Asked about safety of adding more homes. Planning Commission Januarg 9,2017 Agenda Item 1 December 12,2016 Minutes Page 8 of 11 Granderson: He discussed that they meet the minimum stopping sight distances. Quinlan: What happens if we test water pressure in the spring at the time of final plat when they are irrigating and they no longer meet fire code? Sloat: We have not had that issue before. It may be that the developer would have to contribute to improving the situation. Hoffman: He addressed the issue on small lots. The issues with topography and access are similar to many other areas of Fayetteville. He clarified speeds and intersection stopping distance. Granderson: If you wanted to know the average speed we may be able to request that from the Transportation Department. Hoffman: Discussed that he would like to see the study of the average speed of vehicles. Hoffman: Further study of water may be needed. If irrigation goes up in the summer it might seriously affect water pressure and access to emergency services. He recommended that he did not want to slow up the approval but that prior to construction approval the stopping sight distance should be calculated using actual average speed and the water pressure tested. Autry: Asked about the number of lots being created at once. Bates: Discussed lot size and the primary entrance into the subdivision. Autry: Asked about target market. JB Hays, Owner/developer: Lots in the $85,000 - 150,000 per lot range. I think this will be an overall better neighborhood after this development. This will probably be one or two professional people per household. Autry: Discussed that he did not think this is a significant traffic safety and congestion issue. Tracy Hoskins, Commissioner: Is your concern site distance on either side of Askew Drive? Hoffman: Yes. Site distance in the report has to do with marked speed and not actual speed. I would like to evaluate sight distance based on actual speed. Hoskins: Asked about speed control and intersection stopping distance. Granderson: Discussed that either site distance could be increased or speed decreased to improve intersection stopping distance. Bates: All you could do is more signage to reduce the speed limit. Relocating the existing retaining wall that is not on your property is not feasible. Hoskins: It sounds like to me we need to enforce the laws that are there instead of penalizing this developer for people that are breaking the speed limit. Are the sight distances adequate? Planning Commission Januar 9,2017 Agenda Item 1 December 12,2016 Minutes Page 9 of 11 Granderson: Based on posted speed distance the stopping sight distance is met in both directions. Motion: Commissioner Hoskins made a motion to approve PPL 16-5574 with all conditions as recommended by staff, including one additional condition that: "Prior to final plat the water pressure shall be tested to ensure compliance with fire code flow requirements". Commissioner Autry seconded the motion. Hoffman: Asked if this motion included further study of sight distance. Hoskins: If our concern is that we may have a problem because they are violating the speed we need to look at that issue. Post more signage, put more patrols. Enforcing the laws that we have. Hoffman: What amount of increase in speed would put this intersection in an unsafe condition? Granderson: If you were heading north going 30 mph you would not meet the intersection stopping distance. Hoffman: Discussed that he was concerned with approving this if it was unsafe. Williams: Discussed that they are entitled to an access to this property. I am concerned that the commission would consider denying a preliminary plat because other people are breaking the law. There is signage that could be installed. I know that people sometimes speed. Hoffman: My preference would be to approve this but it is completely reasonable for more study on this matter. Autry: Discussed speed and traffic control in the Woodland Junior High area and methods that can be utilized to reduce speeding. Belden: The design of this neighborhood is in keeping with the basic design of other subdivisions up here. 24th Street has its issues. What is the slope between lots 5 and 6, connecting to 24th Street? Bates: Discussed that this neighborhood does not have access through lots 5 and 6 to 24th Street. Belden: We are not talking about deforestation with this development. It has already been settled as a meadow for a while. Brown: Discussed the design of the street intersection. Is there a solution to the sight distance issue that could be handled by the design?. Granderson: The primary issue is the vertical curve. I'm not sure what solution you could do to improve it. Upon roll call the motion passed with a vote of 5-3-0. Commissioners Hoffman, Quinlan, and Cook voted `no'. Planning Commission Janum 9,2017 Agenda Item 1 December 12,2016 Minutes Page 10 of 11 7. RZN 16-5664: Rezone (1633 E. ZION RD./MAYES, 136): Submitted by TRACIE S. MAYES. for property at 1633 E. ZION RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.70 acres. The request is to rezone the property to NS, NEIGHBORHOOD SERVICES. Andrew Garner, City Planning Director: Gave the staff report. Tracie Mayes, applicant: Present for any questions. Public Comment: No public comment was presented. Tom Brown, Commissioner: I won't have any problems with this. Matt Hoffman, Commissioner: I am in favor of this and it may be a little under zoned with this capacity of this road. I think that you are right to ask for this, but I would have been in favor of Community Services which allows much more development. Motion: Commissioner Quinlan made a motion to forward RZN 16-5664 recommending approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Reports: None Announcements: None Adjournment Time: 8:15 PM Submitted by: City Planning Division Planning Commission Janus 9,2017 Agenla Item 1 December 12,2016 Minutes Page 11 of 11 CITY OF T*& I a L � le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner MEETING DATE: January 9, 2017 SUBJECT: ADM 16-5682 Administrative Item (NORTH OF 1967 W. TRUCKERS DR.IGRAND RETIREMENT COMMUNITY, 208): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 1967 W.TRUCKERS DR. The property is zoned RMF-12, RESIDENTIAL_ MULTI-FAMILY, 12 UNITS PER ACRE, and contains approximately 20.54 acres. The request is to extend a previously approved large scale development for the Grand Retirement Community (LSD 15-5097), RECOMMENDATION: Staff recommends approval of ADM 16-5682 with conditions. BACKGROUND: The subject property is located at the north end of Truckers Drive and contains approximately 20 acres in the RMF-12 zoning district. The applicant split the 20 acre lot from a larger parcel (LSP 15-4952) and rezoned (RZN 14-4875) the property to RMF-12 to suit the proposed retirement community. The property contains approximately 683 feet of stream within the streamside protection zone, and lowland areas to the south that have been evaluated for wetland designation. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Undeveloped R-PZD(expired) South Conservation Area/Memo Care Facility C-PZD East Undeveloped R-PZD(expired) West Undeveloped R-A On November 23, 2015 the Planning Commission approved LSD 15-5097 for the Grand Retirement Community. The development included 109 multi-family dwellings and 55 single- family dwellings. DISCUSSION: Proposal: The applicant requests extension of the one year time limit to complete all required tasks for the Large Scale Development-The one year time limit expired on November 23, 2016. The extension would be for one additional year to obtain all permits to complete the project. If mission Mailing Address; January 9,2017 113 W. Mountain Street www.fayetteville.apqW%da Item 2 Fayetteville, AR 72741 16-5682 Grand Retirement Ext. Page 1 of 12 4 permits to construct the project have not been obtained within the extension period, the Large Scale Development shall be rendered null and void in accordance with City development code. The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend the Large Scale Development Approval by one year from the original approval date. In order to extend this approval, the applicant must: (1) request the extension within 18 months of approval; and (2) show good cause why the tasks could not reasonably be completed within the standard time period. If the one year extension is granted, it is within this time that the applicant must obtain all permits to complete the project. Findings: (1) The applicant submitted the extension request to the Planning Division on December 7, 2096, prior to the 18 month time limit ending on May 23, 2097. (2) As described in the applicant's letter, unfavorable market conditions are the reason for the delay. Recommended Motion: Planning staff recommend approval of ADM 16-5682, the requested extension for LSD 15-5097 with the following conditions: 1. The applicant shall be allowed until November 23, 2017 to obtain all permits necessary to complete the project, otherwise all approved plans for the project shall be rendered null and void. 2. The proposed development shall comply with all applicable zoning and development regulations that may have been adopted subsequent to the original project approval. 3. All other conditions of approval for the project shall remain applicable. PLANNING COMMISSION ACTION: Required Date: January 9, 2017 ❑ Approved ❑ Forwarded ❑ Denied Motion: Second: Vote: Notes: BUDGET/STAFF IMPACT: None Planning Commission G:IETC1Development Services Review120161Development Review116-5682 ADM N. End of Truckers Dr. January 9,2017 (Grand Retirement LSD 15-5097 Ext.)208103 Planning Commisslon101-09-20171Comments and Redlines Agenda Item 2 16-5682 Grand Retirement Ext. Page 2 of 12 ATTACHMENTS: ■ Chapter 166.20(B) ■ Request letter ■ Site Plan ■ LSD 15-5097 Planning Commission approval • One Mile Map • Close Up Map G:IETCIDeveIo ment Services Review\20161Develo ment Rev ADM R.End of Truckers Dr. Planning Commission p P January 9,2017 (Grand Retirement LSD 15-5097 Ext.)208103 Planning Comm ission101-09-20171Comments and Redlines Agenda Item 2 16-5682 Grand Retirement Ext. Page 3 of 12 UDC Section 166.20 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water,drainage, and erosion control permits; (8) Tree preservation plans;and (9) Floodplain development permits. (S) Time limit. (2) Administrative Extension Within One Year. Prior to the expiration of the one(1)year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Extensions that are not permitted administratively may be requested of the Planning Commission within ten days of the final administrative decision. (3) Planning Commission Extension Within 18 months. Should an applicant miss the deadline to request an administrative extension, within eighteen months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. (4) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one(1) additional year, if the pians and permits are substantially the same as those originally approved.The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one(1)year limit and the permitted extension period. Extensions beyond three(3)years from the original date of approval shall not be permitted. (5) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05 (F) Modifications. (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. (7) Expiration. if the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period,all of the above-enumerated plans and permits shall be rendered null and void. Planning Commission G:\ETC\Developrnent services Review120160evelopment Review116-5682 ADM N. End of Truckers Dr. January 9,2017 {Grand Retirement LSD 15-5097 Ext.}208103 Planning Com m is sio n\O 1-09-201 71Comments and Redlines Agenda Item 2 16-5682 Grand Retirement Ext. Page 4 of 12 ENGINEERING SERVICES INC. I- - 1207 S.Old Missouri Rd.■ P.Q.Box 282 0 Springdale,Arkansas 72765-0282 Ph:479-751-8733• Fax.479-751-8746 December 29,2016 Fayetteville Planning Commission City of Fayetteville,Arkansas 125 West Mountain Fayetteville,AR 72741 RE: LSD 15-5097 Grand Retirement Community LSD Fayetteville,AR Dear Sir or Ma'am, On behalf of our client, we hereby request an extension of the LSD approval for the Grand Retirement Community LSD,which was approved on November 23,2015. Due to market conditions,the start of the project was delayed slightly. However,the developer is now ready to proceed. Please do not hesitate to contact me if you have any questions regarding this request or need any further information. T49kPu, f_...... . Brian .Moore,P.E. Presi ent Enclosures Brian J. Moore,P.E. Tim J.Mays,P.G. I Jerry W.Martin,P.E. President Vice President'Secretary-Treeswer Choi rman of the Board F]V(itNNG SL32V[CE51 1NC. + • Surf veyors • anning OmmISSIOn January 9,2017 Agenda Item 2 16-5682 Grand Retirement Ext. Page 5 of 12 CITY OF 7ayV -le e l PLANNING COMMI55ION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew, Garner, City Planning Director FROM: Quin Thompson, Current Planner Corey Granderson, Staff Engineer MEETING: UPDATED 11-24-2015 SUBJECT: LSD 15-5497: Large Scale Development (NORTH OF 1957 W. TRUCKERS DR.1GRAND RETIREMENT COMMUNITY, 208): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 1967 W.TRUCKERS DR. The property is zoned RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and contains approximately 20.54 acres. The request is for construction of a retirement community consisting of a main building with 109 units, 54 single family cottages, and a clubhouse with associated parking. RECOMMENDATION: Staff recommends forwarding LSD 15-5097 to the full Planning Commission with conditions of approval. BACKGROUND: The subject property is located at the north end of Truckers Drive and contains approximately 20 acres in the RMF-12 zoning district. The applicant split the 20 acre lot from a larger parcel (LSP 15-4952) and rezoned (RZN 14-4875) the property to RMF-12 to suit the proposed retirement community. The property contains approximately 683 feet of stream within the streamside protection zone, and lowland areas to the south that are currently being evaluated for potential wetland designation. Multi-Use Trail Improvements; A future extension of the Clabber Creek multi-use trail is planned to follow the south property boundary. Staff recommends that the applicant pay a portion of the cost of this trail, specifically the portion that will cross this site, install a raised crossing for the trail at Truckers Drive, to be constructed by the applicant with the proposed Truckers Drive extension, Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land U! R-PZD(expired) Zoning_ North - —- UndeveloR-PZD(expired) South Conservation Area/Me are Facilit C-PZD East Undevelo West Undeveloped R-A mn c mission Mailing Address: tPvinanning r�issi9 2017 113 W.Mountain Street www.faR[@`si nda Item 2 Fayetteville, AR 72761 1 1�9 � nraan eeCirg Ext. age of 12 Proposal: The proposal is to develop the lot with a retirement community in four phases with 109 units in a large multi-family building, 55 single-family residential cottages, and a clubhouse facility. iter and Sewer System: The site has access to public water and public sewer, with water provided at the end of Truckers Drive and Frontage Rd; sewer is provided along the west property boundary. Adjacent streets and right-of-way:This site has 70'of street frontage at the end of Truckers Drive, a Master Street Plan (MSP) designated 'Collector' street. Street Improvements: The applicant proposes to extend Truckers drive to the north property boundary with a MSP `Collector' street section with on-street parking and 59' of right-of-way (ROW). The street should be built all the way to the north property boundary with the Phase 1 construction.A raised pedestrian crossing for the future Clabber Creek Trail will also be included. Tree Preservation: Canopy minimum requirement: 20% Existing canopy: 5.18% Preserved canopy: 3.68% Mitigation required: 66 trees(2" caliper minimum) Access Management/Connectivity: Access to the site is proposed to be provided by three curb cuts on the west side and two curb cuts on the east side of Truckers Drive. The proposed curb cuts meet development standards. RECOMMENDATION: Staff recommends approval of LSD 15-5097 with the following conditions. Conditions of Approval: 1. Planning Commission determination of compliance with the Urian Residential Design Standards. In staff's opinion the buildings meet all design requirements of Chapter 956.25, Commercial Design Standards. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF DETERMINATION OF COMPLIANCE WiTH URBAN RESIDENTIAL DESIGN STANDARDS. (SC July 30, 2015) 2, Planning Commission determination of street improvements. Staff finds that the proposed extension of Truckers Drive meets the requirements for an MSP `Collector' Street. Truckers Drive is required to be built to the north property boundary of the overall project site as a part of Phase 9 development, and must be complete before any Certificate of Occupancy is approved. Improvements to Truckers Drive require the installation of a raised pedestrian crossing for the Clabber Greek Trail as required by the City Trails Coordinator. Truckers Drive is to be constructed in full compliance with the Master Street Plan as indicated on the applicant's site plan, with both sides of the street to be fully completed, including street lights. SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF STREET IMPROVEMENTS, WITH TREES TO BE PLACED IN THE GREEN SPACE BETWEEN SIDEWALK AND CURB. (SC July 30, 2015) PI nin Commission Planning o rr fission 64 November 27 1 9,2017 G:IETMDevelopment Services Review1201510evelopment Review115-5097 LSD N.end of Truckers Dr. genda Item 2 [Grand Retirement Community)M Planning Commission111-23 20151Comments and Redlines 1 1 a 9 r8nan e,liref eem'nt Ext. age of 12 3, Planning Commission determination of proposed trail assessment in the amount of $64,920.00 for future extension of Clabber Creek Trail to be constructed by the City of Fayetteville. Staff recommends payment of an assessment for the portion of the Clabber Creek Trail that will be constructed by the City on this site at a later date. Payment of an assessment will allow the City to construct the entire stretch of trail at the same time, rather than a small piece of it being constructed on this site by the applicant. This will be a more efficient process and allow for higher consistency in the construction quality. All other conditions of approval included in the memo from the City Trails Coordinator(attached shall also anoly� SUBDIVISION COMMITTEE DID NOT MAKE A RECOMMENDATION FOR TRAIL ASSESSMENT. 4, Planning Commission determination of parkland dedication or fees-in-lieu. The Park and Recreation Advisory Board (PRAB) and Parks Department staff recommends accepting money in lieu of land for the proposed dwelling units with this project. Payment of $111,640.00 is due prior to building permit. The final amount of fees will be determined by the actual number of units and the parks fee formula at Planning Commission approval of the LSD. 5. All tree preservation, landscape, engineering and fire department conditions included herein shall apply. All revisions shall be addressed prior to construction plan approval. Standard conditions of approval: 6. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 7. If applicable, a business license shall be obtained prior to opening the business to the public. 8. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, and Cox Communications). 9. Staff approval of final detailed plans, specifications and calculations (where applicable)for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 10. All exterior lights shall comply with the City lighting ordinance. Manufactur'er's cut-sheets are required for review and approval prior to issuance of a building permit. 11. All freestanding and wall signs shall comply with ordinance specifications for locations, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. Freestanding pole signs and electronic message boards (direct lighting) are prohibited in the Design Overlay District. 12. Large scale development shall be valid for one calendar year. Planning_Commission Planning Cor9fflib ff9,2017 G:\ETC\Development Services Review1P0151DevelopmeI RevieM15-5097 LSD N.end of Truckers 0r November 23,A;�da Item 2 (Grand Retirement Community)103 Planning Commission111-23-2015kComments and Redlines 1e4-6s"t;MR!l%tire.ment Ext. 15-5097 Grand W49T of 12 13. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bondtletter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 14. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. C. Separate easement plat for this projectthat shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.41 "Guarantees in Lieu of Installed Improvements"to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. g. Outdoor lighting package submittal meeting requirements of UDC Chapter 167. Planning Commission Action: X7 Approved C1 Forwarded ❑ Denied Meeting.pp3 p: November 23, 201 Motion: CHESSER Second: SELBY vote: 7-0-0 ON CONSENT AGENDA BUDGET/STAFF IMPACT: None. Attachments: • Engineering Division comments • Urban Forestry comments and redlines • Applicant's letter • Clabber Creek Trail assessment ■ Site Plans • Elevations ■ Close Up Map • One Mile Map Planning Commission Planning Corjpi§gory,2017 GAETCOevelopment Services RevleM2015113eveIopment Review115-5097 LSD N.end of Trueke rs Dr, November 23,4Aa Item 2 (Grand Retirement Community)103 Planning Commisslonl11-23-20151Comments and Redlines 16 2d8dFf@ F49tirement Ext. 15-5097 Grand Pgb(Mof 12 ADM 16-5682 GRAND RETIREMENT One Mile View LSD 15-5097 EXT. NORTH i 0 0-125 0.25 0.5 Miles U CARTIER ST — — — — —— - — — — — — — I ❑Q I ■ z t ■ i ► R-A t ■ RSf-8 I WHITE OAK ST FM RD'-�f I f _ 9 Subject Property QF, F. itrZn ., C-z Id�lr-1Z .F-; i4F ^1 IERa R ,I FCR �t0 GyFt HARD - SNOB F,. CPPD r % X >'^•��^v ErrrRAcnoN Legend <U RESIDENTIAL SINGLE-FAMILY re-, RMe°^nN+y.c.wr CQMMERClAL r . . 7 --"- RSF-s nw'.pmce - r Planning Area RSF-2 1♦C•t L p Fayetteville City Limits Rte' FORM BASED 018TRICTS L _ _ AV, Oa New ^µ. RSEN ruib,n i,om.Nwm ...... 5trared Use Paved Trail RESIDENTIAL MULTI-FAM[LY _ �PT-t]Rese,rrcai Iw.�TnalumM �Ew�tiewn 4e°.n+ RMFB a[anTu^t.S,rvcea Trail(Proposed) RMF Design Overlay District -- ----. MFS• PLANNEDIONING°OISTRICTS Planning Area _ °• IRDu --- IN.MTUTIQYAL Building Footprint '-'"..w� m.�.,°^° �'^°� Planning CoJanuarm fission Fayetteville City Limits r ii 0,^„e—Au l 2017 Agenda Item 2 16-5682 Grand Retirement Ext. Page 10 of 12 ADM 16-5682 GRAND RETIREMENT C/ose Up View LSD 15-5097 EXT. RSF-8 [•g 1%-r'4, It 1'!1) Subject Propertlp R-A i RMF-12 w m C 1'%E] HgRRI TRUCKERS OR F� - o� NORTH mokk- Legend Residential-Agricultural RSF-8 Planning Area RMF-12 Fayettevi#le City Limits Feet =C-2 =Community Services Trail (Proposed) 0 112.5 225 450 675 900 Commercial,Industrial,Residential 90ding Footprint 1 inch = 300 feet Planning Co mission 9,2017 Agenda Item 2 16-5682 Grand Retirement Ext. Page 11 of 12 ADM 16-5682 GRAND RETIREMENT Current Land Use LSD 15-5097 EXT. NORTH 1►,, ' Church �1.., _ -r e — r lit s � JAA-4 + +.as f1J • � . � Subject Property r r ❑ ti� Single Family , s Assisted Living Facility T, TREKKERS QR 2015,Imagery +ti++Streams FEMA Flood Hazard Data Street Streets Planned MSP Class AS 100-'r ear Floodplain COLLECTOR Feet Floadway 1111 Trail(Proposed) OLSD ts-5097 6 112.5 225 456 675 900 County Parcels Pianning Area 1 inch = 300 feet Fayetteville Cay Limits Planning CO mission 9,2017 Agenda Item 2 16-5682 Grand Retirement Ext. Page 12 of 12 CITY OF • 0*ay 81 T1 PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Chris Brown, City Engineer FROM: Alan Pugh, Staff Engineer MEETING DATE: January 9, 2017 SUBJECT: VAR 16-5679: Variance(Lot 11 CRESCENT LAKE SUBDIVISION, 607): Submitted by Yunfei Gu and Lihong Li for property Lot 11 in the Crescent Lake Subdivision. The property is zoned RSF-4 and contains approximately 0.79 acres. The request is for a variance of the Streamside Protection Zone. RECOMMENDATION: Staff recommends approval of VAR 16-5679 as described further within this memorandum. BACKGROUND: The variance relates to the property at address 1441 S Coopers Cove which is located on the near the end of S Coopers Cove within Crescent Lake Subdivision. The plat indicates a single family lot which is approximately 34,669 SF in size. The lot included in the variance request is platted with a 25' UE and front setback/utility easement and is bounded in the east 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 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 the Management Zone 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 of the lot, this provision would make the lot unbuildable. The remaining buildable area given the setbacks, easements and ann Mailing Address: January 9!2017 113 W. Mountain Street www.tayetteville-ar.AWda Item 3 Fayetteville, AR 72701 16-5679(C3 Consulting) Page 1 of 9 i streamside protection zones would not be large enough to construct a home as shown on the attached exhibit. Consistent with previous variances and discussion on lots in this same area, the top of bank is shown to be the edge of the recorded recreational easement which generally follows the level pool of water. As stated previously, the lot was 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 lot 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 lot in question otherwise unbuildable and the tributary in question was previously altered prior to the adoption of the ordinance staff recommends approval of ADM 14-4877 subject to the following conditions: 1. Applicant shall enhance the waterside zone by providing a riparian buffer seven (7) feet in width which includes no fewer than 2 trees as well as various shrubs and grasses. The shrubs and grasses should be a substantial component but are not required for the entire width of the rear lot. Existing non-invasive trees and shrubs can be utilized to meet this requirement provided they are to remain after construction. Examples of species that are suitable for planting in riparian buffers are located within the Streamside Protection BMP Manual and should be used when selecting the appropriate vegetation. 2. A permanent tree protection easement shall be dedicated to the City of Fayetteville and shall be seven feet in width, directly adjacent to the recreational easement for the entire width of the lot. 3. The current owner shall disclose to any potential buyer of the lotlhome affected that the lobhome 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 home. An erosion control plan shall be developed and submitted to staff for approval prior to construction. 5. The developer may elect to further enhance the riparian buffer by utilizing low impact development (LID) measures, however, at a minimum one rain barrel no smaller than 55 gallons in size and located in the rear of the home shall be utilized. Other measures such as rain gardens or bioswales are encouraged but not required. If utilized they should be designed and maintained in general accordance with the City of Fayetteville Drainage Criteria Manual. Planning Commission Action: ❑Approved I i Forwarded ❑ Denied Meeting Date: January 9, 2017 Motion: Second: Vote: Planning Commission January 9,2017 Agenda Item 3 16-5679(C3 Consulting) Page 2 of 9 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 lot in question would be otherwise unbuildable due to the defined streamsi_ de protection zones. Due to the fact the streamside protection ordinance was approved between the time in which the lot was platted/street construction and the proposed deve�opment of the lot, 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 propert�i, 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 lot feasible. . (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. See staff conditions listed above. BUDGET/STAFF IMPACT: None Attachments: Planning Commission January 9,2017 Agenda Item 3 16-5679(C3 Consulting) Page 3 of 9