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HomeMy WebLinkAbout2021-01-25 - Agendas - FinalCity of Fayetteville, Arkansas 113 West Mountain Fayetteville, AR 72701 (479) 575-8267 Planning Commission Final Agenda Monday, January 25, 2021 5:30 PM City Hall Room 219 Planning Commission Members Matthew Johnson, Chair Matthew Hoffman, Vice Chair Leslie Belden, Secretary Tom Brown Quintin Canada Kristifaer Paxton Robert Sharp Porter Winston Jimm Garlock Assistant City Attorney Blake Pennington Planning Commission Final Agenda January 25, 2021 Call To Order Roll Call Consent 1. 2021-0039 2 3. Approval of the minutes from the January 11, 2021 Planning Commission. Attachments: 01-11-2021 Minutes 2021-0047 ADM-2020-000022: Administrative Item (S.W. ST./CREEK MEADOWS SD AMEND., 603): ASSOCIATES, INC. for property located S. W. OF property is zoned NS-G, NEIGHBORHOOD approximately 19.40 acres. The request is for a increase the original plat lot count from 102 to 113 lots. Planner: Jessie Masters Attachments: ADM-2020-000022 (Creek Meadows) 2021-0042 OF MORNINGSIDE DR. & 15TH Submitted by CRAFTON TULL & MORNINGSIDE DR. & 15TH ST. The SERVICES -GENERAL and contains major modification to PPL 19-6867 to CCP-2020-000008: Concurrent Plat (521, 523, 535, & 537 W. MEADOW ST./21 WEST, LLC., 484): Submitted by REID & ASSOCIATES, INC. for properties located at 521, 523, 535, & 537 W. MEADOW ST. The properties are zoned MSC, MAIN STREET/CENTER and contain approximately 0.10 acres. The request is for the concurrent plat of 2 residential lots. Planner: Ryan Umberger Attachments: CCP-2020-000008 (21 West, LLC) Unfinished Business 4. 2020-1168 RZN-2020-000026: Rezone (5200 BLOCK OF W. WEDINGTON DR./PLANET STORAGE, LLC., 398): Submitted by BATES & ASSOCIATES, INC. for properties located at the 5200 BLOCK OF W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contains 3 parcels with approximately 1.32 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Planner: Ryan Umberger Attachments: RZN-2020-000026 (Planet Storage) THIS ITEM WAS TABLED AT THE JANUARY 11, 2021 PLANNING COMMISSION. City of Fayetteville, Arkansas Page 2 Printed on 112212021 Planning Commission Final Agenda January 25, 2021 5. 2020-1169 RZN-2020-000024: Rezone (916 N. SANG AVE./GLORIOUS ASSETS, INC., 442): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located at 916 N. SANG AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. Planner: Ryan Umberger THIS ITEM IS BEING TABLED UNTIL THE FEBURARY 8TH, 2021 PLANNING COMMISSION MEETING TO ALLOW FOR COMPLETION OF THE REQUIRED PUBLIC NOTIFICATION Attachments: RZN-2020-000024 (Glorious Assets) THIS ITEM WAS TABLED AT THE JANUARY 11, 2021 PLANNING COMMISSION. New Business 6. 2021-0048 ADM-2020-000020: Administrative Item (Planning Commission Bylaw Submitted by CITY STAFF. The request is to eliminate the secret ballot Officers of the Planning Commission. Planner: Jonathan Curth Attachments: ADM-2020-000020 (PC Bylaw Amend.) 7. 2021-0049 Amendment): when voting for ADM-2020-000019: Administrative Item (2407 N. COLLEGE AVE./HOUNDS LOUNGE CUP, 290): Submitted by CITY STAFF for property located at 2407 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is a follow up to CUP 17-5908 & ADM18-6501 to determine the progress of the landscaping along the fence between the building and the street. Planner: Jonathan Curth Attachments: ADM-2020-000019 (Hounds Lounge) 8. 2021-0046 VAR-2020-000014: Variance (20 S. HILL AVE./PUTMAN HOUSE, 522): Submitted by EXPEDIENT CIVIL ENGINEERING, INC. for property located at 20 S. HILL AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.67 acres. The request is for a variance to the driveway separation and greenspace requirements. Planner: Jessie Masters Attachments: VAR-2020-000014 (Putnam House) City of Fayetteville, Arkansas Page 3 Printed on 112212021 Planning Commission Final Agenda January 25, 2021 9. 10. IL 12. 2021-0045 VAR-2020-000013: Variance (N.E. OF 245 VAN ASCHE LOOP/OSBORNE OFC. BLDG., 262): Submitted by BATES & ASSOCIATES, INC. for property located N.E. OF 245 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.98 acres. The request is for a variance to the maximum number of allowed parking spaces and greenspace requirements. Planner: Jonathan Curth Attachments: VAR-2020-000013 (Osborne) 2021-0043 CCP-2020-000009: Concurrent Plat (NORTH OF 3234 OAKLAND ZION RD./VAN HORN, 218): Submitted by REID & ASSOCIATES, INC. for property located NORTH OF 3234 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 6.30 acres. The request is for the concurrent plat of 3 residential lots. Planner: Jessie Masters Attachments: CCP-2020-000009 (Van Horn) 2021-0044 LSD-2020-000016: Large Scale Development (1800 N. PORTER RD./FAYETTEVILLE POLICE HQ & FIRE STATION, 364): Submitted by OLLSON ENGINEERING, INC. for property located at 1800 N. PORTER RD. The property is zoned P-1, INSTITUTIONAL and contains approximately 11.60 acres. The request is for police department buildings with 82,630 square feet and a fire station with 7,322 square feet and associated parking for both. Planner: Jonathan Curth Attachments: LSD-2020-000016 (Fay. PD & FD) 2021-0040 RZN-2020-000027: Rezone (1673 & 1675 N. FLORENE Submitted by ADRIANA HERMEZ for property located at property is zoned R-A, RESIDENTIAL AGRICULTURAL acres. The request is to rezone the property to RI-12, UNITS PER ACRE. Planner: Ryan Umberger Attachments: RZN-2020-000027 (Hermez-Hernandez) ST./HERMEZ-HERNANDEZ, 401): 1673 & 1675 N. FLORENE ST. The and contains approximately 0.30 RESIDENTIAL INTERMEDIATE, 12 City of Fayetteville, Arkansas Page 4 Printed on 112212021 Planning Commission Final Agenda January 25, 2021 13. 2021-0041 RZN-2020-000028: Rezone (S.E. OF MICHAEL COLE RD. & WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located S.E. OF MICHAEL COLE RD. & WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.00 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE. Planner: Jessie Masters Attachments: RZN-2020-000028 (Kidder) Items Administratively Approved by Staff Agenda Session Item 2021-0062 Long Range Planning Subcommittee Attachments: 01-21-21 Long Range Packet Announcements Adjournment 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. City of Fayetteville, Arkansas Page 5 Printed on 112212021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0039 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission File Type: Agenda Item Agenda Number: 1. Approval of the minutes from the January 11, 2021 Planning Commission. City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF .FAYETTEVILLE MEETING MINUTES PP ARKANSAS Planning Commission Meeting Monday, January 11, 2021 5:30 PM 113 W. Mountain, Room 219 NOTE: The January 11, 2021 Planning Commission was held virtually, with Commissioners, staff, applicants, and the public attending remotely. The Commission Chair, Assistant City Attorney, and Development Review Manager were the only individuals present along with Information Technology support staff. Members: Matthew Johnson (Chair), Matthew Hoffman (Vice Chair), Leslie Belden (Secretary), Robert Sharp, Kristifier Paxton, Jimm Garlock, Quintin Canada, Tom Brown, and Porter Winston. Call to Order: 5:30 PM, Matthew Johnson (Chair) Roll Call: In Attendance: Matthew Johnson (Chair), Matthew Hoffman (Vice Chair), Leslie Belden (Secretary), Robert Sharp, Kristifier Paxton, Jimm Garlock, Quintin Canada, Tom Brown, and Porter Winston. Absent: None. City Staff: Jonathan Curth, Development Review Manager; Jessie Masters, Senior Planner; Ryan Umberger; Josh Boccaccio, Engineer; Melissa Evans, Urban Forester; Brian Wandstrat, Fire. Assistant City Attorney: Blake Pennington Motion: Commissioner Johnson, who was attending virtually and not in -person made a motion to suspend the rules so the meeting can be led by the Vice Chair, who was present in -person. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Consent 1. Approval of the Minutes from the December 14, 2020 meeting. 2. ADM 2020-000021: Administrative Item (NORTH OF ZION RD. & OLD MISSOURI RD./SAGELY PLACE SD, PH. I, 137): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF ZION RD. & OLD MISSOURI RD. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 24.18 acres. The request is to amend the existing LSD to allow for fees -in -lieu of work to make street improvements along Zion Rd. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 w1Nw.fayetFcWAfl'0e&r.'9JWssion January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 1 of 17 3. VAR-2020-000012: Variance (123 N. WASHINGTON AVE./BRICENO, 485): Submitted by NESTOR BRICENO for property located at 123 N. WASHINGTON AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.19 acres. The request is for a variance to the Master Street Plan R-O-W requirements. 4. CCP 2020-000005: Concurrent Plat (NORTH OF E. ZION RD. & N. OLD MISSOURI RD./SAGELY PLACE SD PHASE I, 137): Submitted by ESI ENGINEERS, INC. for property located NORTH OF E. ZION RD. & N. OLD MISSOURI RD. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 24.18 acres. The request is for the concurrent plat of 13 residential lots. 5. VAC 20-000011: Vacation (345 S. COMBS AVE./COMBS AVE. R-O-W, 524): Submitted by JULIA SAMPSON for property located at 345 S. COMBS AVE. The public street right-of-way contains approximately 0.04 acres. The request is to vacate a portion of the street right-of-way. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Belden seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 2 of 17 Unfinished Business: None. New Business: 6. ADM 2021-000023: Administrative Item (N.E. OF MORNINGSIDE DR. & 15TH SUPARK MEADOWS PH. III SD AMEND., 564): Submitted by RAUSCH COLEMAN HOMES, INC. for property located N.E. OF MORNINGSIDE DR. & 15TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 20.70 acres. The request is for a major modification to PPL 19-6835 & ADM-2020-000012 to amend the conditions of approval regarding required street improvements on Morningside Dr. Jessie Masters, Senior Planner: Gave the staff report. Jesse Fulcher, Applicant: Apologized for the delay in completion. Public comment: No public comment was presented. Matthew Hoffman, Commissioner: Asked how the new ordinance precluding this type of development would be enforced. Jonathan Curth, Development Review Manager: Answered that this project was approved prior to the ordinance and that they would be allowed to develop according to the ordinances at the time of plat approval. Hoffman: Said that it's unfortunate that a stretch of this street will be developed with a privacy fence. Leslie Belden, Commissioner: Said that she seemed to recall that the houses along Morningside were supposed to face Morningside and be alley loaded but thought they would have required the same along Huntsville and 15t" Curth: Said that the only block meant to be facing the higher classification street were those proposed along Morningside. Masters: Clarified that there are three through lots in phase 3 and those are facing Egret. Tom Brown, Commissioner: Stated that 15t" is a state highway and there would be complications with requiring driveways onto the street. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 3 of 17 Motion: Commissioner Belden made a motion to approve ADM-2020-000023 as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 4 of 17 7. ADM 2020-000017: Administrative Item (509 W. PRAIRIE ST./PRAIRIE ST. LIVE CUP AMENDMENT, 557): Submitted by APRIL LEE for property located at 509 W. PRAIRIE ST. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.93 acres. The request is to amend the existing CUP to allow for later hours and more frequent performances. Jonathan Curth, Development Review Manager: Gave the staff report. Public comment: Nick Ojeda, Co -Owner: Said that as a person in a wheelchair he appreciates the spacious quality of the venue. Added that restricting the hours of music to 9pm would be difficult during the summer heat. Kelly Robason, Resident, Mt. Nord: Said that he's had the opportunity to enjoy the venue's amenities and music and enjoys walking there with his family. Added that he commends the venue's effort to comply with Covid restrictions and appreciates the wide variety of music. Jackson Butt, Resident, Sound Engineer: Has worked with the venue and is proud that the venue has not violated the sound ordinance. Added that the later hours might seem unusual to locals but are in line with similar areas nationally. Tonya Pelt, Resident, DJ for Prairie St. Live: Said that the venue is very unique and the owner has worked really hard to comply with the sound ordinance and Covid regulations. Al Kennetz, Neighbor, Prairie St.: Said that noise is to be expected when living downtown but that the venue is pretty loud and it would be appropriate to keep the regulations as they are and not allow later hours or more shows. Stan Johnson, Resident, Plumberosa Rd.: Said that he owns a business across the street and noise and parking are big problems with the venue. Stated that he regrets not opposing the original request and is opposed to the continuation at any level. Ethan Bush, Resident, 108 S. College Ave.: Said that he is a professional musician and is in favor of the venue expanding their hours. Added that he thinks 11 pm is a reasonable time to cut off music. Mike Daily, Neighbor, 413 S. West Ave.: Said that he believes the venue adversely effects nearby property owners because the music is not at a reasonable level and doesn't believe that he should have to hear it within his own house over 250 ft. away. Michelle Anthony, Resident: Stated that she is in favor of the venue being allowed to have later hours and that the venue served as a location for a Covid friendly event for a friend's memorial. Added that the venue is a good place to go and get out during the pandemic and at 9pm things are just getting wound up. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 5 of 17 Julie Sill, N. Hughmont Rd.: Said that she formerly operated Common Grounds and is in support of the request. Added that the conditions seem overly specific in an uncertain time. Jamie Stevens: Said that he is a member of the Deep Woods production team which has been organizing concerts during this time and believes that the venue and sound engineer have done everything possible to comply with regulations. Added that this Richard: Said that he lives nearby and the music rattles his windows and keeps him up when he has to get up early. Jakeb Hurley, Resident, Crossover Rd.: Said that he moved to the area for the live music scene and tends bar at the venue and believes that 9pm is too early. Lisa Orton: Said that she believes the venue sounds great but that it shouldn't be located in a residential area. Kimberly Phillips, Resident: Noticed that several of the complaints were made by the same person and wanted to know how the city evaluates those complaints and wanted to know why the venue couldn't' put up taller fences for sound screening. Jonathan D.: Said that he is a professional musician that this venue provides a safe haven to work during a time when it is extremely difficult to do so. James Ford, Resident, 520 N. Willow Ave.: Said that he is an artist who attends the venue and has an auto -immune lung disease and this is the only venue which are complying with Covid regulations enough to make him feel safe. Samantha Harp, Neighbor, 235 S. Gregg Ave.: Said that she believes this is a unique, eclectic, and diverse venue and hope that it can continue to exist with extended times. April Lee, Applicant: Said that Prairie St. Live is family friendly and poised at the perfect location to serve as the southern gateway to the Cultural Art Corridor as well as set up in a way which allows them to adhere to Covid regulations. Added that they have never had to call the police on patrons, have had no Covid cases traced to the venue, no Covid cases on staff, and have had no sound ordinance regulations. Noted that parking is an issue regardless of whether or not they are open or not and they are experimenting with incentives for patrons who don't drive. Wendy Ojeda, Applicant's Sister: Said that she believes this business has a positive impact for the entire city and invites people who have had bad experiences to come and discuss it. No more public comment was presented. Hoffman: Asked staff how noise complaints are determined valid. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 6 of 17 Curth: Answered that the sound ordinance is typically the basis for sound complaints. Matthew Hoffman, Commissioner: Asked if some complaints were made by the same person. Curth: Confirmed that this is correct. Hoffman: Asks if it is possible for the applicant to construct a fence. Curth: Answered that there are opportunities to do so with some standards to bear in mind Quintin Canada, Commissioner: Said that it is not easy to balance points of view and was apprehensive when the issue came forward initially but that it appears the business has remained in compliance and is a boost to the music and service industries. Leslie Belden, Commissioner: Said that this item is very important and tied to many of the city's goals and issues. Recollected being cautious when visiting the site at the initial request. Added that the city has made a conscious decision to build a trail system with nodes of activity as well as an arts corridor intended for uses like this. Kristifier Paxton, Commissioner: Said that he hears people's music in his suburban neighborhood and that there are noise issues in any dense neighborhood. Added that he looks forward to seeing what the venue does over the next year to mitigate issues brought up by neighbors. Matthew Johnson, Commission Chair: Said that there is a tough balance here but that the tone is much different here than it was for much of the arguments for a previous and similar item. Added that he lives in a quiet neighborhood and so can't relate to the complaints but that the city and commission has decided that this should be a dense and diverse area and the zoning supports this kind of use. Tom Brown, Commissioner: Said that he is happy to hear that the applicant is willing to work on a sound mitigation program and because of the current economic situation would be hesitant to support reduced hours and would like to try out extending hours to 11 pm and extending the number of shows allowed. Porter Winston, Commissioner: Said that he can't think of a better place for this business to be but agrees that this is an uncomfortable transition period. Added that giving this business the stability to operate for the long haul will give them more incentive to invest in sound mitigation. Hoffman: Said that this area has historically been used industrially which is typically a loud, intense, and disruptive use and the request is incremental considering. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 7 of 17 Jimm Garlock, Commissioner: Said that he believes the area is prime for infill and that there is no question about it being a great venue but is concerned about noise and parking issues and how those problems affect the neighbors. Belden: Said that she would like to give the applicant some sort of indication that as they are working towards being a good neighbor. Winston: Emphasize his view that it would be important to give the business a sense of security in the city's support. Motion: Commissioner Belden made a motion to approve ADM-2020-000017 with conditions as recommended by staff, allowing indefinite extension with show times extended by one hour on Friday and Saturday, with the additional show length subject to expiration and Planning Commission review following January 11t", 2022. Commissioner Paxton seconded the motion. Upon roll call the motion passed with a vote of 6-2-1. Commissioners Garlock and Winston voted `no'. Commissioner Sharp recused. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 8 of 17 8. VAR-2020-000011: Variance (2964 N. OAK BAILEY DR./PRIME REAL ESTATE, 254): Submitted by PRIME REAL ESTATE, INC. for property located at 2964 N. OAK BAILEY DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The request is for a variance to the previously approved shared driveway design. Jonathan Curth, Development Review Manager: Gave the staff report. Mike Parker, Applicant: Said that not being granted the variance would negatively affect tree preservation and would require the construction of a large retaining wall. Public comment: No public comment was presented. Matthew Johnson, Commission Chair: Said that granting the variance might create an unsafe situation and would amplify the difficulties on additional lots. Will withhold judgement until hearing from other Commissioners. Matthew Hoffman, Commissioner: Agrees with Commissioner Johnson that this is an opportunity for the Commission to steer development on this site in the right direction by not granting this variance. Robert Sharp, Commissioner: Said that the less driveways here the safer the road will be and that it appears that it will make tree preservation easier not harder. Motion: Commissioner Belden made a motion to deny VAR-2020-000011. Commissioner Johnson seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Commissioner Canada left the meeting after item #7. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 9 of 17 9. CUP 20-000019: Conditional Use Permit (1041 N. GARLAND AVE./CHRIST ON CAMPUS CHURCH, 443): Submitted by CORY GARREN for property located at 1041 N. GARLAND AVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.30 acres. The request is for the use of a lease space at this address for a cultural/recreational facility. Ryan Umberger, Planner: Gave the staff report. Cory Garren, Applicant: Said that the church is mostly comprised of students and would benefit from being close to the university. Public comment: No public comment was presented. Leslie Belden, Commissioner: Said that she has been a campus minister and thinks that the use will be very compatible with surrounding businesses. Matthew Johnson, Commission Chair: Said that he'd prefer to see the hours extended to allow for early for morning or nighttime activity. Motion: Commissioner Belden made a motion to approve CUP-2020-000019 as recommended by staff and amending the allowed hours of operation to 6am to 10pm. Commissioner Paxton seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 10 of 17 10. CUP 20-000018: Conditional Use Permit (767 W. NORTH ST./KARAS CLINIC-LIVEWELL PHARMACY, 370): Submitted by JOHN LYKINS for property located at 767 W. NORTH ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 1.47 acres. The request is for a retail pharmacy in an existing medical clinic. Jessie Masters, Senior Planner: Gave the staff report. James Garland, Applicant: Stated that Jessie laid out the situation well and that he is available to answer questions. Public comment: No public comment was presented. Leslie Belden, Commissioner: Said that she believes this is a compatible use and that it will reduce the number of necessary car trips. Jimm Garlock, Commissioner: Expressed his support. Motion: Commissioner Belden made a motion to approve CUP-2020-000018 as recommended by staff. Commissioner Paxton seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 11 of 17 11. CUP 20-000020: Conditional Use Permit (556 W. 26TH ST./RITTER COMMUNICATIONS, 639-640): Submitted by DAVID JORDAN for property located at 556 W. 26TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.86 acres. The request is for a 240 square foot utility building outside the right-of- way. Ryan Umberger, Planner: Gave the staff report. David Jordan, Applicant: Said that Mr. Umberger eloquently stated the situation and he's available to answer questions. Public comment: Rick and LaNita McKinney, Neighbor: Said that they are in support of the project as they own McKinney insurance next door and have had issues with internet service in the recent past. No more public comment was presented. Kristifier Paxton, Commissioner: Asked if the concrete slab would extend beyond the edge of the building and what kind of fence? Jordan: Yes, and the original proposal was for chain link but staff had asked for a wooden privacy fence. Jimm Garlock, Commissioner: Said his only concern was about screening and that seemed to be addressed. Leslie Belden, Commissioner: Said that it appeared the project would not be a detriment to residents of the neighboring apartment complex. Motion: Commissioner Garlock made a motion to approve CUP-2020-000020 as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 12 of 17 12. RZN 20-000025: Rezone (318 S. COMBS AVE./LAMB DEVELOPMENT, 524): Submitted by RICHIE LAMB for property located at 318 S. COMBS AVE. The property is zoned NC - NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Jonathan Curth, Development Review Manager: Gave the staff report. Richie Lamb, Applicant: Stated that the reason for the rezoning request is to allow for a variety or housing types or non-residential uses to be developed on this property. Public comment: Pat Matsukis, Neighbor, 317 S. Combs Ave.: Chose to live in this neighborhood because of the historic nature of the area and believes intense development on this site would disrupt the character of the neighborhood. No more public comment. Kristifier Paxton, Commissioner: Said that he is on the fence about this one but is worried that the DG zoning would allow for a five -story building here. Matthew Hoffman, Commissioner: Said that the DG zoning allows for a mix of land uses and housing types and sizes like this neighborhood has historically allowed and that it would be a good fit. Tom Brown, Commissioner: Said that he agrees with most of the staff report and the fact that the property is only .4 miles from the square makes this a good property to zone to DG. Motion: Commissioner Brown made a motion to forward RZN-2020-000025 with a recommendation for approval. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Paxton and Garlock voted `no'. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 13 of 17 13. RZN 20-000024: Rezone (916 N. SANG AVEJGLORIOUS ASSETS, INC., 442): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located at 916 N. SANG AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. Ryan Umberger, Planner: Gave the staff report. Brock Posey, Applicant: Said that the intent would be to build single-family homes facing Ora and that there was no intent to mislead with the public notice letter. Public comment: Jeff and Juanita Muckleroy, Neighbors: Stated that they are concerned about traffic and drainage. Lisa Orton, Resident: Said that the owners knew the zoning when they bought the property and could still make money by developing under the current RSF-4 zoning. Added that the commission should listen to the neighbors and let residents of neighborhoods decide if they should be up zoned. Sarah Lewis, Neighbor, 1908 W. Berry Ave.: Said she is primarily concerned about the existing large trees on the site and wonders if a condition could be added to preserve the trees. Added that drainage is an issue at the site and development would increase this issue. Bill Elder, Neighbor: Asked if there is a lot split planned and how many lots could be created here. Said that the lot could stand an additional home and maybe ADUs but if it were to be developed with 4-5 townhomes it could be detrimental to the character of the area. Jordan Difani, Neighbor: Said that he understands the need for development but agrees that the large trees should be protected on this site and would like to understand more clearly what the intent is for the property. Liz Alspach, Neighbor, 1835 W. Berry St.: Said that she is also concerned about the trees on the site and there are hawks which live in the canopy. Added that traffic is also an issue as there was a fatal traffic accident recently up the road. No more public comment was presented. Matthew Hoffman, Commissioner: Asked if conditions could be placed on the rezoning and how many units could be placed on the lot. Jonathan Curth, Development Review Manager: Conditions cannot be placed on rezonings. RSF-4 and RSF-7 are near identical with the primary difference being that RSF-7 allows for 60- Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 14 of 17 foot lots whereas RSF-4 requires 70 feet. Most likely the current zoning might allow 3 lots whereas the requested zoning would allow about 4. Robert Sharp, Commissioner: Said that rezoning the property would realistically be encouraging a teardown and that this is a good candidate for a comprehensive study. Said that approving this would be reactive and haphazardly. Kristifier Paxton, Commissioner: Asked about the allowance for townhouse development in RSF-7. Jimm Garlock, Commissioner: Said that he thinks this is a spot zone and doesn't think the existing zoning pattern should be disrupted, especially in light of the drainage issues. Tom Brown, Commissioner: Said that this is not in the pedestrian shed of the closest commercial centers and that neighborhood compatibility is more important in this situation than housing diversity or density. Leslie Belden, Commissioner: Discussed the similarities and differences of RSF-4 and RSF-7 zoning districts and said that if the area was already transitioning then she would be in support of this request as Sang is a cut through street and will continue to get busier but doesn't think this should be the first rezoning in the neighborhood and doesn't think there should be another curb cut on Sang. Porter Winston, Commissioner: Said that he'd like to see more information about the project. Hoffman: Said that he is having a hard time seeing a difference in development potential between the two zonings. Motion: Commissioner Paxton made a motion to table RZN-2020-000024 to the next scheduled Planning Commission meeting. Commissioner Garlock seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 15 of 17 14. RZN 20-000026: Rezone (5200 BLOCK OF W. WEDINGTON DR./PLANET STORAGE, LLC., 398): Submitted by BATES & ASSOCIATES, INC. for properties located at the 5200 BLOCK OF W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contains 3 parcels with approximately 1.32 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Ryan Umberger, Planner: Gave the staff report. Geoffrey Bates, Applicant: Said that self -storage units were just approved by the county on the 10 acres to the north of this property and the intent is to put an office for that storage facility on this property. Public comment: John Hebard, Neighbor: Said that he lives across the street and was hoping to see the property developed as residential instead of commercial. No more public comment was presented. Jimm Garlock, Commissioner: The property has a low infill score and could possibly be considered for this request in the future but not currently. Tom Brown, Commissioner: Expressed his concern for commercial development in this area outside of the Wedington Master Plan area and the Tier 3 center to the west and the transition of this section of Wedington into a commercial strip center. Matthew Hoffman, Commissioner: Said that the adjacent Cobblestone property was a different situation because of their comprehensive proposal and that this would be a commercial leap frog development. Matthew Johnson, Commission Chair: Stated his concern that there is a risk for enabling a commercial strip center on Wedington. Leslie Belden, Commissioner: Said that it is a good idea but that CS would allow for some uses which would not be appropriate here. Porter Winston, Commissioner: Asked if there are other zoning districts which would allow for an office that are not as intense. Jonathan Curth, Development Review Manager: Yes Bates: Said that he would be ok with R-O. Tom Brown, Commissioner: Said he'd prefer to see a residential zoning district and a conditional use request for the office. Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 16 of 17 Jimm Garlock: Asked why they are making the request for both parcels when they just want the one office. Hoffman: Doesn't believe this is a good fit nor that non form -based zonings should be considered here. Winston: Said he'd like to see a different proposal. Paxton: Said he's concerned because there are two parcels in the request. Motion: Commissioner Winston made a motion to table RZN-2020-000026 to the next scheduled Planning Commission meeting. Commissioner Paxton seconded the motion. Upon roll call the motion passed with a vote of 4-3-0. Commissioners Garlock, Brown, and Johnson voted `no.' Announcements: Jonathan Curth, Development Review Manager: • There will not be a Subdivision Committee meeting for a couple weeks but there will be one on January 14tn Adjournment Time: 10:49 p.m. Submitted by: City Planning Division Planning Commission January 25, 2021 Agenda Item 1 01-11-2021 Minutes Page 17 of 17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0047 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 2. File Type: Agenda Item ADM-2020-000022: Administrative Item (S.W. OF MORNINGSIDE DR. & 15TH ST./CREEK MEADOWS SD AMEND., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located S. W. OF MORNINGSIDE DR. & 15TH ST. The property is zoned NS-G, NEIGHBORHOOD SERVICES -GENERAL and contains approximately 19.40 acres. The request is for a major modification to PPL 19-6867 to increase the original plat lot count from 102 to 113 lots. Planner: Jessie Masters City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Jessie Masters, Senior Planner MEETING DATE: January 25, 2021 SUBJECT: ADM 2020-000022: Administrative Item (S.W. OF MORNINGSIDE DR. & 15TH ST./CREEK MEADOWS SD AMEND., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located S. W. OF MORNINGSIDE DR. & 15TH ST. The property is zoned NS-G, NEIGHBORHOOD SERVICES -GENERAL and contains approximately 19.40 acres. The request is for a major modification to PPL 19-6867 to increase the original plat lot count from 102 to 113 lots. RECOMMENDATION: Staff recommends approval of ADM-2020-0000022, with conditions. RECOMMENDED MOTION: "I move approve ADM-2020-000022, with conditions as recommended by staff." BACKGROUND: The subject property, located in south Fayetteville at the southeast corner of E. 15th Street and S. Morningside Drive, contains approximately 19 acres and is part of the Creekside Meadows Subdivision. The specific site in question is located on what was originally lots 36 and 37 of the Creekside Meadows Subdivision, which were recently rezoned to NS-G, Neighborhood Services — General in July 2020. The Creekside Meadows subdivision was originally approved by Planning Commission in November 2019 (PPL 19-6867). Surrounding land use and zoning is depicted on Table 1. Table 1 - Surrounding Zoning and Land Use Direction Land Use Zoning North Undeveloped C-1, Neighborhood Commercial South Undeveloped (Residential Single- Family under construction) C-1, Neighborhood Commercial; RSF-8, Residential Single -Family, 8 Units per Acre East Undeveloped C-1, Neighborhood Commercial West Undeveloped (Residential Single- Family under construction RSF-8, Residential Single -Family, 8 Units per Acre Request: The applicant is requesting a major modification to the approved preliminary plat of the Creekside Meadows Subdivision, which is currently under construction. The applicant is requesting to increase the number of residential lots from 102 to 113. Public Comment: Staff has received no public comment regarding the request. Planning Commission January 25, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 1 of 13 DISCUSSION: Street Improvements: The proposed lots face the proposed residential streets of E. Bunting Street and E. Sparrow Circle, both of which were approved to be built in accordance with the 2030 Master Street Plan standards, including 5-foot sidewalks, 6-foot greenspace, 2-foot curb and gutter, and 9-foot driving lanes. Staff does not recommend any additional street improvements with this associated request, given that the streets are currently under development, and the proposed use is for residential lots. Right -of -Way Dedication: Staff is not recommending any additional right-of-way dedication beyond the 44 feet required with the approval of the preliminary plat, since the Master Street Plan standards were updated following the overall subdivision's approval. E. Bunting Street and E. Sparrow Circle are under construction to the previous standards and to require additional right- of-way dedication at this time would represent a practical difficulty. Block Length/Connectivity: The proposed preliminary plat received a block length variance due to limited feasibility of future connection since the site is surrounded by streams and floodplain. The applicant does not propose any additional connections. Water and Sewer System: Public water lines and sanitary sewer will be available through extensions currently being made in association with the overall Creekside Meadows Subdivision. Tree Preservation/Landscape Requirements: The Urban Forestry division has determined that the proposed additional lots will be able to meet additional lot, street, and mitigation tree requirements associated with the additional lots. Parks: Parkland Dedication in the amount of 12 acres was approved with the initial subdivision's approval of 102 lots. No additional parkland dedication is required in association with these added lots. Public Comment: Staff has received no public comment regarding this request. RECOMMENDATION: Staff recommends approval of ADM-2020-0000022, with conditions as recommended by staff. Conditions of Approval: 1. All conditions of approval PPL-19-6867 remain in effect prior to signing of final plat; PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Approved O Denied Motion: Second: Vote: Planning Commission January 25, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 2 of 13 BUDGET/STAFF IMPACT: None Attachments: • Urban Forestry Memo • Parks Memo • Engineering Memo • Applicant Request Letter • Site Plan • Staff Exhibit — Approved PPL 19-6867 • Conditions of Approval — PPL 19-6867 • One Mile Map • Close-up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 3 of 13 CITY OF FAYETTEVILLE ARKANSAS Planning Commission Memo TO: Fayetteville Planning Commission THRU: Jessie Masters, Senior Planner FROM: Melissa Evans, Urban Forester MEETING DATE: January 20, 2021 SUBJECT: ADM-2020-000022: Administrative Item (S.W. OF MORNINGSIDE DR. & 15t" ST./CREEK MEADOWS SD AMEND., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at S.W. OF MORNINGSIDE DR. & 15t" ST. The property is zoned NS-G, NEIGHBORHOOD SERVICES -GENERAL, and contains approximately 19.40 acres. The request is for a major modification to PPL 19-6867 to increase the original plat lot count from 102 to 113 lots. RECOMMENDATION: Urban Forestry Staff does recommends the approval of ADM-2020-000022 which would allow the property owner to increase the lot count from 102 to 113. The area with the proposed additional lots does not have existing trees and is subject the Landscape Regulations of Chapter 177 of the UDC. Specifically, 177.05(B)(1) which states "A minimum of one (1) 2-inch caliper, large species tree per lot shall be planted". The new plan shows trees for all but four (4) of the additional thirteen (13) lots. This may be due to space constraints between the sidewalk and curb, however it should be able to be worked out in construction plans. In addition, some of the mitigation trees on the previously approved plan are located as extra street trees and have been shown to be relocated for the proposed additional lot plan in order to include the required lot trees. BACKGROUND: The previously approved PPL 19-6867 had 102 lots and included lot and mitigation trees. Some of the mitigation trees are shown to be planted in the area with the new lots. Mitigation trees cannot double as lot trees. There are five (5) mitigation trees that have been relocated from the street frontage of the new lots and shown on the proposed additional lot plan. Per Chapter 177.05(A)(3) "Street tree plantings that are above and beyond the requirements as established herein may count as on -site tree mitigation, with the approval of the Urban Forester." Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevii♦�''-'g%. P, 2021 Fayetteville, AR 72701 Agenda Item 6 ADM 20-000022 Creek Meadows Page 4 of 13 CITY OF FAYETTEVILLE ARKANSAS TO: Planning Division FROM: John Scott, Parks Planning DATE: January 20, 2021 SUBJECT: Park Land Fees or Park Land Dedication ************************************************************************************************************* Meeting Date: October 2, 2019 Item: ADM 2020-000022 SE of 15th & Morningside DR. Oak Creek SD Park Quadrant: SE Billing Name & Address: William Bruce Johnson c/o Tayloy Lindley 901 N. 47th St. Suite 200 Rogers AR 72756 ®Land Dedication ❑ Money In Lieu ❑ Both Current Land Dedication Requirement Single Family 113 @ 0.023 acre per unit = 2.599 acres Multi Family @ 0.020 acre per unit = acres Money in Lieu Single Family @ $1089 per unit = $ Multi Family @ $952 per unit = $ COMMENTS: ■ The Parks and Recreation Advisory Board reviewed this development proposal on September 9, 2019. The board recommended accepting a land dedication to meet the requirements of this development. ■ Although 2.5 acres is required to meet Parkland Dedication, the developer has proposed dedication of approx.. 12 acres within the Town Branch floodplain to satisfy these requirements. The extra acreage will allow for an expansion of the existing White River Park, which lies contiguous to the east side's dedication. ■ For the Final Plat's approval, a recorded deed for the 12 acres must be received before approval. ■ The actual amount of fees or dedicated land will be determined by the actual number of units and the parkland formula at final plat approval. Mailing Address: Planning Commission 113 W. Mountain Street www.fayette4r� 2021 Fayetteville, AR 72701 Ageriida Item 6 ADM 20-000022 Creek Meadows Page 5 of 13 CITY OF . FAYETTEVILLE ARKANSAS TO: Jessie Masters, Senior Planner FROM: Josh Boccaccio, Staff Engineer DATE: January 19, 2021 SUBJECT: Planning Commission Engineering Comments for ADM 2020-000022 Recommendation: STAFF MEMO The Engineering Division recommends approval of the applicant's request. Drainage and utility services were accounted for in the overall design of the subdivision. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetg mnLaQkgjbvssion January 25, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 6 of 13 Craftan Tull architecture , engineer,aig I surveying December 28, 2020 City of Fayetteville Planning Staff 125 W. Mountain Street Fayetteville, AR 72701 RE: Major Modification to Creekside Meadows Preliminary Plat CTA Job No. 19103501 To whom it may concern, 901 N 47th Street, Suite 200 Rogers, AR 72756 479.636.4838 (ph) 479.631.6224 (tax) This submittal is for a major modification to the preliminary plat for Creekside Meadows. Approximately 1.16 acres and 0.48 acres within the proposed Creekside Meadows Subdivision, southeast of Highway 16 and Morningside Drive, was rezoned from C-1 to NS-G earlier this year. The developer would like to split these two larger lots into 50.5' lots consistent with the remainder of the subdivision. The preliminary plat sheets have been updated to show the change. This would increase the approved number of lots from 102 to 113. Should you have any questions, or require any additional information, please contact us at your convenience. Sincerely, Taylo Lindley, P.E. Proj ct Manager Planning Commission Janua 25 2021 ADM 20-000022 Creek Meadows Page 7 of 13 Planning Commission Jonuary25, 2021 Agenda Item 0 ADM uO'000OuoCreek Meadows Page uor1u EXHIBIT APPROVED �o PPL 19-6857 �Ui ii N am it ¢ Y c s s 2 E g s r Y Y r Y Y Y Y Y Y a � 2 S 8 i i i E �'xxxxxx� p � d ^�LIF e I I I 95 ivnRi In a a I I I ooa �gm7- Ii -, \\ goo - N _-----__ _ Planning Commission January 25, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 9 of 13 Conditions of Approval - PPL 19-6857 (Copied from Staff's Report on the Item from November 26, 2019) 1. Planning Commission determination of street improvements. Staff recommends that dedication of right- of-way along S. Morningside Dr. in the amount of 38.5 feet from centerline. The internal streets are proposed as Residential Streets with no parking in a 44-foot wide right-of-way. Residential Streets with 2- foot curb and gutter are required. Street lights shall be installed at this subdivisions two new street intersections on 15th street. 2. Subdivision Committee recommended in favor of a variance to UDC 166.08(E) for block lengths in excess of 660 feet. Staff recommends in favor of the proposed variance for the subdivision layout as proposed given that the subdivision is surrounded by streams and floodplain. Street stub -outs and future street connections are not feasible into these floodplain areas. The Active Transportation Plan anticipates a trail along the east side of Morningside from 15th Street south to St. Paul Trail. In preparation for this trail, a multi -use trail easement shall be dedicated generally as shown on the attached plan. On the east end, soft surface trails are planned on the City owned land to the south. A 10 foot multi -use trail easement shall be dedicated between lots 32 & 33 extending to the City land for this future connection and fences are not permitted in the easement. 3. Planning Commission determination of parkland dedication or fees -in -lieu. The Park and Recreation Advisory Board (PRAB) recommends dedication of land. The applicant is proposing to dedicate 12 acres, which must be received prior to final approval. 4. Subdivision Committee recommended in favor of right-of-way dedication required along the site's S. Morningside Dr. frontage in the amount of 38.5 feet from centerline, and 44-foot width for the internal streets. 5. The preliminary plat needs to be revised as follows: • 6' ft of greenspace is required on both sides of the streets. 6. All new internal streets to be constructed in accordance with the City development code. 7. Streetlights shall be installed at all intersections and spaced every 300 feet in accordance with city code. 8. Future street extension signs shall be installed at all street stub -outs prior to final plat. 9. Preliminary plat approval is valid for one year. All permits to complete construction for all lots within this preliminary plat are required to be obtained within one (1) year, subject to extensions in accordance with the Unified Development Code. 9. All tree preservation, landscape, engineering, 911 Coordinator, and fire department conditions included herein shall apply. All revisions shall be addressed prior to construction plan approval. Standard conditions of approval: 10. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 11. 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, Cox Communications). 12. 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. 13. All street lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required for review and approval and all street lights shall be installed or guaranteed prior to final plat. Planning Commission January 25, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 10 of 13 ssion 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 11 of 13 ADM-2020-000022 Creek Meadows SD AKA Oak Close Up View Creek -HESAPEAKE H J y' C H RSF-4 NIGHTHA WAY LN _>1'� CLARENCE NC CalJ CRAFT DR Q.' W Z = .;1 MSC J LL < Z RMF-24 O Y -EGRET RD v -NEWUNW15TRST 0 C-1 Q z NS-G z Q W e LU- Subject Property � t-1 R-A � i r7 i RSF-8 W F 55 e 0 _Z Z � ♦� k r CO C � p-1 I-2 NORTH Residential -Agricultural Planning Area RSF-4 RSF-8 L.— �I Fayetteville City Limits `RMF-24 L_ 1-1 Heavy Commercial and Light Industrial Trail (Proposed) Feet 1-2 General Industrial C-1 Building Footprint Main Street Center Neighborhood Link 0 145 290 580 870 1,160 Downtown General Neighborhood Services - Gen. 1 inch = 400 feet = Neighborhood Conservation Regional Link -High Activity Planning Co mi law aiaj, 5, ssion 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 12 of 13 ADM-2020-000022 Creek Meadows SD AKA Oak A& Current Land Use Creek NORTH W } . N Sin le-FamilY Residential •� CO EGRET• RD — } r..: lilt 15TH STD= }t.. 1 .qp - J � Undeveloped r J � I Subject Property Commercial Z . oar. Undeveloped I AC I ' FEMA Flood Hazard Data Trail (Proposed) 100-Year Floodplain Planning Area L _ _ . Feet Floodway Fayetteville City Limits L - - ' 0 112.5 225 450 675 900 Neighborhood Link 1 inch = 300 feet Regional Link - High Activity Planning Co mission 5, 2021 Agenda Item 6 ADM 20-000022 Creek Meadows Page 13 of 13 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0042 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 3. File Type: Agenda Item CCP-2020-000008: Concurrent Plat (521, 523, 535, & 537 W. MEADOW ST./21 WEST, LLC., 484): Submitted by REID & ASSOCIATES, INC. for properties located at 521, 523, 535, & 537 W. MEADOW ST. The properties are zoned MSC, MAIN STREET/CENTER and contain approximately 0.10 acres. The request is for the concurrent plat of 2 residential lots. Planner: Ryan Umberger City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Planner MEETING: January 25, 2021 SUBJECT: CCP-2020-000008: Concurrent Plat (521, 523, 535, & 537 W MEADOW ST./21 WEST, LLC., 484): Submitted by BATES & ASSOCIATES, INC. for properties located at 521, 523, 535, & 537 W. MEADOW ST. The properties are zoned MSC, MAIN STREET -CENTER and contains approximately 0.10 acres. The request is for a concurrent plat of 2 residential lots. RECOMMENDATION: Staff recommends approval of CCP-2020-000008, with conditions. RECOMMENDED MOTION: "I move to approve CCP-2020-000008 determining: In favor of the recommended street improvements; and In favor of all other conditions as recommended by staff. " BACKGROUND: The subject property is located roughly 100 feet west of the intersection of N. West Avenue and W. Meadow Street. The site is presently developed with a pair of attached three-story townhome buildings totaling four units. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Nadine Baum Studios MSC, Main Street/Center South Single-family Residential MSC, Main Street/Center West Undeveloped/Frisco Trail MSC, Main Street/Center East Single-family Residential MSC, Main Street/Center Proposal. The applicant proposes to subdivide two existing properties in to four total lots, thereby placing each of the existing units on a discrete property along a shared property line. The item is being processed as a concurrent plat due to Staff's determination that no new infrastructure is required, and the parent tract having exhausted the permitted number of administrative lot splits. Water and Sewer: Water and sewer connections are available to each unit. A six-inch cast iron water main and eight -inch PVC sewer main are present along W. Meadow Street. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevifF--ftrX�,2021 Fayetteville, AR 72701 Age da Item 2 CCP 20-000008 21 West, LLC Page 1 of 9 Right of Way Dedication: Right-of-way along the properties' frontage is 22.5-feet from centerline, exceeding the 19.5-foot minimum required by the Downtown/Urban Street section in the Master Street Plan. Staff is not recommending dedication of additional right-of-way. Access and connectivity: Access to the site is provided via shared drives along the east property boundary on W. Meadow Street and a driveway off N. West Avenue, located to the south of the adjacent single-family residence. An access easement overlays both drives. A four -foot private walk is present along the north property boundary. The path dead ends at the entrance to the townhome at 537 W. Meadow. Street Improvements: No street improvements are recommended by staff. During the building permit approval process the sidewalk requirements were changed to fee in -lieu in the amount of $720. Topographical challenges, significant vegetation, and an intervening property obstruct a further pedestrian connection from the private walk to the Frisco Trail to the west. Tree Preservation/Landscape Requirements: The applicant is required to provide one lot tree per lot along the street as required per §177.05 — Street Tree Planting Standards. Parkland Fees: Based on the developer's request $2,178.00 in parkland fees will be assessed for the two single-family units. Credit is assigned for the two existing lots and the new lots will be assessed Parks fees in -lieu of dedication. Public Comment: Staff has received no public comment regarding this request. RECOMMENDATION: Staff recommends approval of CCP-2020-000008 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff does not recommend additional street improvements for the proposed concurrent plat; Subdivision Committee recommended in favor. 2. Payment of parks fees in -lieu of dedication in the amount of $2,178.00 is to occur prior to plat recordation. Parkland fees must be paid before the City signs the plat. 3. All remaining comments from other City departments and divisions, including Engineering, Urban Forestry, and Parks, shall be addressed. Standard conditions of approval: 4. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his/her representative, and all comments from utility representative: Black Hills Energy, SWBT, Ozarks, SWEPCO, Cox Communication). 5. 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 Planning Commission January 25, 2021 Agenda Item 2 CCP 20-000008 21 West, LLC Page 2 of 9 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. Subdivision Committee Action: O Tabled O Forwarded O Denied Meeting Date: January 25, 2021 Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Parks Memo • Request Letter • Site Plan • One Mile Map • Close-up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 2 CCP 20-000008 21 West, LLC Page 3 of 9 CITY OF FAYETTEVILLE ARKANSAS TO: Planning Division FROM: John Scott, Parks Planning DATE: December 18, 2020 SUBJECT: Park Land Fees or Park Land Dedication ************************************************************************************************************* Meeting Date: Item: Park Quadrant: Billing Name & Address: Lot split- PRAB not required 2020-000008 CCP 537 W Meadow SW 21 West LLC 1428 E Mission BLVD Fayetteville, AR 72701 ❑Land Dedication ® Money In Lieu ❑ Both Current Land Dedication Reauirement Single Family @ 0.023 acre per unit = acres Multi Family @ 0.020 acre per unit = acres Money in Lieu Single Family 2 @ $1089 per unit = $2,178.00 Multi Family @ $952 per unit = 00 COMMENTS: • Based on the developer's request, $2,178.00 parkland dedication fees will be assessed for the 2 SF units. One unit will grandfather in, and the new lot will be assessed Park Land Dedication Fees. Staff will determine the final amount when the number and types of units are decided. ■ All dedications of land must be made before the city signs the final plat or issuance of building permits for a large scale development or large site improvement plan. ■ A final plat shall not be released for recordation until the deed for a land dedication is received. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevidW--ftr4c2nr, 2021 Fayetteville, AR 72701 Agerida Item 2 CCP 20-000008 21 West, LLC Page 4 of 9 Alan Reid & ASSOCIATES PROFESSIONAL LAVED SURVEYORS December 16, 2020 City of Fayetteville Planning & Engineering 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Concurrent Plat 21 West LLC Dear Planners, On behalf of my client, 21 West LLC, lam submitting for your review, a proposed Concurrent Plat of land parcel 765-01880-001 and 765-01880-002. The properties are currently occupied by four townhouses. The owner would like to create four separate parcels, each containing a single townhouse. All parcels will have street frontage on Meadow Street. Additionally, all parcels will have access to both Meadow Street and West Avenue via an existing access and utility easement. The property is currently zoned Main Street/Center (MSC). If you have any questions, please feel free to call me at my office. E3 t regards, A n Reid ofessional Land Surveyor Arkansas Registration 1005 479.444.8784 110 S. College Avenue Fayetteville, Arkansas 72701 479 444 a784 arasurveying@shcglobal.net Planning Commission January 25, 2021 Agenda Item 2 CCP 20-000008 21 West, LLC Page 5 of 9 !i - ym vo aoi F�� n�nmmy ^' zany m i� o 7 v^ z oo �$�8 ? ^z'n^� m •"" r n Ay 254 y�= F N NO2'31 16"Eg 88.25' g nRim n -o sA I S02'41'OO`W ~ I I zz- -mznn 4 NO2'41'00'E om�Az aJ�`"p o � azAl �+9 I I 9oS ��oo fm m aN i k N1 I I I I io�m ° ° NO2'33'54"E S02'33'S4"W I I I m A 88.35'•aV \ Fi Fi mW_o yy�a p a0N D` y �mm � u�A m °I =1I� I I o S - 502'p407W I I ` �m O g NO2'42'07"E 88.40' w I� I I oN= 4 III _ z� S02'33'54'W° as . 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File Type: Agenda Item RZN-2020-000026: Rezone (5200 BLOCK OF W. WEDINGTON DR./PLANET STORAGE, LLC., 398): Submitted by BATES & ASSOCIATES, INC. for properties located at the 5200 BLOCK OF W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contains 3 parcels with approximately 1.32 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. Planner: Ryan Umberaer City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE 9%0 ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Planner MEETING DATE: January 25, 2021 SUBJECT: RZN-2020-000026: Rezone (5200 BLOCK OF W. WEDINGTON DR./PLANET STORAGE, LLC., 398): Submitted by BATES AND ASSOCIATES for property located at the 5200 BLOCK OF W. WEDINGTON DR. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL and contains three parcels with approximately 1.32 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends denial of RZN-2020-000026 based on the findings contained in this report. RECOMMENDED MOTION: "l move to deny RZN-2020-000026." JANUARY 11, 2021 PLANNING COMMISSION MEETING: On January 11t", the Planning Commission voted to table the item until the meeting scheduled for January 25t" to allow the applicant an opportunity to provide additional information about the suggested use or consider other zoning designations. BACKGROUND: The proposed rezoning request is for three properties totaling approximately 1.32 acres on the north side of W. Wedington Drive. between N. 515t and N. 54t" Avenues to the east and west, respectively. The properties are undeveloped and zoned R-A, Residential Agriculture which has been in place since the property's annexation in 1982. Previously the subject area was one coherent property including the two large parcels to the north and three intervening parcels. Little vegetation is present on the site and the topography is fairly level on each of the properties. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Large -lot Residential R-A, Residential Agriculture South Single -Family Residential R-A, Residential Agriculture; NS-G, Neighborhood Services -General; RI-U, Residential Intermediate -Urban East Large -lot Residential R-A, Residential Agriculture West Undeveloped CS, Community Services Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevOF--�T.Wc3i , 2021 Fayetteville, AR 72701 Agerida Item 3 RZN 20-000026 Planet Storage Page 1 of 20 Request: The request is to rezone the property from R-A to CS, Community Services. The applicant suggests they would like to use the subject area for office space. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject area has frontage to W. Wedington Drive. W. Wedington Drive is a fully improved Regional Link Street with asphalt paving and curb & gutter and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to subject area. An existing 2-inch water main is present along the north side of W. Wedington Drive & an existing 18-inch water main is present along the south side of W. Wedington Drive. Water line extensions may be required for certain parcels. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the north side of W. Wedington Drive. Drainage: No portion of this property is identified as FEMA regulated floodplain or the Hillside - Hilltop Overlay District. There are no protected streams on this parcel but identified hydric soils are present. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department expressed no concerns with this request. The property is served by Station 7 located at 835 North Rupple Road. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. A projected response time of five minutes is within the Department's goal regardless of apparatus type. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties within the proposed rezone as a Residential Neighborhood Area. Residential Neighborhood areas are characterized as offering diverse housing types in highly connected, compact blocks with gridded street patterns and reduced building setbacks. Low - intensity non-residential uses are intended to serve the surrounding neighborhoods on corners and along connecting corridors. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 4_5 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 3. The following elements of the matrix contribute to the score: • Near Trail (W. Wedington Drive) Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 2 of 20 • Near Park (Bundrick Park) • Near Water Main (W. Wedington Drive) • Near Sewer Main (W. Wedington Drive) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds that the proposed rezoning is incompatible with adjacent land uses. The properties located along this portion of Wedington Drive are either developed with low -density residential and agricultural uses or not developed at all. Much of the existing development is not compatible with the scale or activity of many uses permitted in CS zoning, including developments with few size limitations and auto -oriented businesses. Land Use Plan Analysis: The proposed zoning is mostly consistent with the Future Land Use Residential Neighborhood Area designation. Residential Neighborhood Areas encourage retail and offices along connecting corridors such as W. Wedington Drive. Similarly, CS zoning encourages adaptable mixed -use centers located along commercial corridors to provide goods and services for residents between denser development nodes. However, despite the CS district promoting traditional urban form, staff contends that the location of the requested rezoning does not promote the City's infill goals given its location on the urban periphery where increased service loads are undesirable. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: An increasing number of residential developments in west Fayetteville are largely without nearby services and employment centers. Rezoning to a district which allows for adaptable development could provide an opportunity to alleviate some issues associated with sprawl in the area. A mixed -use zoning such as CS may be appropriate in the near or long term however, Staff finds it the rezoning to be inappropriate at this juncture. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: CS zoning allows a wide range of commercial and residential activity. The proposed rezone would create the potential for increased traffic above what is permitted in R-A zoning. Staff finds the adjacent W. Wedington Drive, a Regional Link Street, can likely mitigate an increased number of vehicle trips. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 3 of 20 Finding: Rezoning the property from R-A to CS will increase the potential population density and may undesirably increase the load on facilities and services. Under the R-A zoning district, uses are limited to those associated with agricultural activities or low -density residential whereas development under the CS zoning district allows a wide array of intense residential and nonresidential uses with high potential water, sewer, and emergency service demand. Given comment from the Fire Department and Engineering Division, existing service appears adequate, but will be evaluated at the time of development. Not comment was received from the Police Department or Farmington School District. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends denial of RZN-2020-000026. (PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 4 of 20 Attachments: • Unified Development Code: o §161.03 - District R-A, Residential Agricultural o §161.22 — District CS, Urban Thoroughfare • Request letter • Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 5 of 20 161.03 - District R-A, Residential -Agricultural (A) Purposes . The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses . Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half ('/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 6 of 20 (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 7 of 20 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. nit 1 Unit 4 Unit 5 Unit 8 Unit 9 Unit 10 Unit 44 City-wide uses by right Cultural and recreational facilities Government facilities Single-family dwellings Two-family dwellings Three (3) and four (4) family dwellings Eating places Neighborhood Shopping goods Gasoline service stations and drive-in/drive through restaurants Home occupations Offices, studios and related service Multi -family dwellings Accessory dwellings Cluster Housing Development Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 8 of 20 Unit ni Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 19 F Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 40 Sidewalk Cafes Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others T__None (2) Lot Area Minimum. None. (E) Setback regulations. Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 9 of 20 A build -to zone that is located between 10 feet Front: and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single- family residential 15 feet district: (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 10 of 20 � Bates( ■ Associ aces, I nc. Civil En Ineerin "'I"- Surveying S 9 : ---- Y 9 7230 S. Pleasant Ridge Drive/ Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 December 2, 2020 City Planning Division City of Fayetteville, Arkansas 125 W. Mountain Street Fayetteville, AR 72701 Re: Rezoning Request (Parcel # 765-16162-004, 765-16162-005, 765-16162-006) Dear Planning Staff, The property owners of Washington County Parcel # Parcel 765-16162-004, 765-16162-005, 765-16162- 006 are applying for a rezoning of said property. The properties in question totals approximatly 1.3 acres and are on the north side of Wedington. They are currently zoned R_A — Residential Agriculture. There are two connecting parcels to the west (765-16162-006, 765-16162-004) and a single Parcel to the East (765-16162-005) The Applicant would like to rezone these parcels to CS- Community Services, to allow Offices to be built on these parcels. Zoning districts in the vicinity of the parcel in question are a mixture of CS- Community Services and Residential Agriculture, and NS-G Neighborhood Services -General. The applicant asserts that the proposed zoning district fits well with the surrounding neighborhood, as the existing CS zoned parcel to the west, and is an appropriate location due to being adjacent to a major Highway. These properties have easy access to water and sewer connections, and Traffic impact is expected to be minimal. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Jake Chavis, E.I. Bates & Associates, Inc. Planning Commission January 25, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 11 of 20 N1.1 dmp Oal<: I/18/2021) hU- BA — AR D BA —AR, Na be(a i T � I G y9-----L ------ o fly i � -- D LJo°o — — N 87033'36" W 349.87' — D z v o ppp �7� i I z L1 .j 20'— AS- UE I UE 2 I �.B.(D-o 3 ) W'9& _UE UE 873501"W 1.3 Wes- - — —_ _ - - W I ---- _��__. _W W _ 8, 35' IW '109.97' _ " 8-6 W 2 ORno WEST WEDINGTON DRIVE (HIGHWAY 16) 55' ASPHALT -HIGHWAY R/W PER JOB #040423 REGIONAL LINK S'REET - 92' MIN. R/W PER M.S.P. �- 777=- W-18- W-18 W_18 li/�IS Paoscr uo 19-355 WEDINGTON STORAGE REVISIONS °AE oaA.a<..�NNc�, b„ 18i BUBNIiiPL 2 20 20 Bates�(��(�j LARGE SCALE DEVELOPMENT PANS REMSD PER couxn YM REMEW—TG on 3-Ig-2o 31720 /f \Y! _ REMISED PER CWN1Y ENGNEERING I—E- 3 26 20 Commission O ``��� //�� RESUBMIT VAIN NEW IAYWi , ZI 20 Y Associates,inc. RE9 MT PA2NDBBMITT GDNMNib fi20 � _ �» .....1... RESUBMIT PER GRADING PERMIT GGIMENIS 124 20 }A ,� o [%1 N " N y ary 25, 2021 CNI EngMwiny &8urvnylnp OVERALL SITE DEAN RESUBMIT PER GRADING PERMIT CONMENIS 9/O4/NI iaD1; y �J fn 7-S. PI.—RltlgeDr FayeMvilla,AManeaa 72704-479A42931-- 411.521.9350 —MIT PER GRADING PERMIT COMMENTB '0 I�Z00 wNo,yK ' TFS enda Item 3 RESUBMIT PEP ADH DG.INENT6 WASHINGTON COUNTY, ARKANSAS RE6gBMIiPER DH GMMN6 RZN 20- Planet Storage L°pyrlgM0202 BneeeAxa<IMae, Inu age 12 of 20 ninq Commission January 25, 2021 Agenda Item 3 t6 Planet Storage Page 13 of 20 ninq Commission January 25, 2021 Agenda Item 3 t6 Planet Storage Page 14 of 20 Me ning Commission January 25, 2021 Agenda Item 3 t6 Planet Storage Page 15 of 20 Commission iary 25, 2021 genda Item 3 anet Storage 'age 16 of 20 ssion 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 17 of 20 RZN-2020-000026 Close Up View 6 W Q - � CC LO RMF-6 CLEVENGER DR 1- - : Planning Area �- - -k Fayetteville City Limits Trail (Proposed) Building Footprint Regional Link Neighborhood Link ■ ■ Planned Residential Link R-A Planet Storage, LLC NS-G A& NORTH Residential -Agricultural RSF-4 RI-U Feet RMF-6 Community Services 0 112.5 225 450 675 Neighborhood Services - Gen. 1 inch = 300 feet •11 Planning Co mission 5, 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 18 of 20 RZN-2020-000026 Planet Storage, LLC Current Land Use NORTH :ic.t• ,ice¢ r - .e.'n- ar F, .];� ;� �Si.. �. • � x� Agricultural ... i" Subject Property Single -Family Agricultural Residential r t Single -Family Residential I I - - --- - - - - - -- - -- WEDINGTON DR Single -Family Residential Single -Family - + Residential/ Agricultural FEMA Flood Hazard Data 100-Year Floodplain Shared Use Paved Trail Feet Floodway Planning Area 0 55 110 220 330 440 Fayetteville City Limits 1 inch = 150 feet Regional Link Planning JCom 5, ssion 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 19 of 20 RZN-2020-000026 Future Land Use Planet Storage, LLC i I ■, i LU ■, , ' , 0� Z 2 o m 01 ' Rebidential Neighborhood 'CANNONDALE OV Q------------------------------ LO Subject Property a WEDINGTON,DR City W Neighborhood a ! L CL•EVENGER•DR Natural I w ---------- L.` Planning Area `City Neighborhood L — ' Fayetteville City Limits Civic Institutional Shared Use Paved Trail Civic and Private Open Space Trail (Proposed) Industrial Feet Natural Building Footprint Non -Municipal Government Regional Link 0 145 290 580 870 1,160 Residential Neighborhood Neighborhood Link Rural Residential 1 inch = 400 feet ■ ■ Planned Residential Link Urban Center r ssion 2021 Agenda Item 3 RZN 20-000026 Planet Storage Page 20 of 20 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 e (479)575-8323 Text File File Number: 2020-1169 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 5. RZN-2020-000024: Rezone (916 N. SANG SOUTHERN BROTHERS CONSTRUCTION, property is zoned RSF-4, RESIDENTIAL approximately 0.70 acres. The request is to FAMILY, 7 UNITS PER ACRE. Planner: Ryan Umberger File Type: Agenda Item AVE./GLORIOUS ASSETS, INC., 442): Submitted by INC. for property located at 916 N. SANG AVE. The SINGLE FAMILY, 4 UNITS PER ACRE and contains rezone the property to RSF-7, RESIDENTIAL SINGLE THIS ITEM IS BEING TABLED UNTIL THE FEBURARY 8TH, 2021 PLANNING COMMISSION MEETING TO ALLOW FOR COMPLETION OF THE REQUIRED PUBLIC NOTIFICATION City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF ti FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Planner MEETING DATE: January 25, 2021 SUBJECT: RZN-2020-000024: Rezone (916 N. SANG AVE./GLORIOUS ASSETS, INC., 442): Submitted by SOUTHERN BROTHERS CONSTRUCTION INC. for property located at 916 N. SANG AVE. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RSF-7, RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE. RECOMMENDATION: Staff recommends tabling RZN-2020-000024 until the meeting scheduled for February 8, 2021 to allow for completion of required public notification. RECOMMENDED MOTION: "I move to table RZN-2020-000024 until the meeting scheduled for February 8, 2021." PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 Motion: Second: Vote: Notes: O Tabled O Approved O Denied Planning Commission January 25, 2021 Agenda Item 4 RZN 20-000024 Glorious Assets Page 1 of 4 RZN-2020-000024 One Mile View R-A \J 1 W WE I \ Glorious Assets 0 0.125 0.25 0.5 Miles RMF-40 RMF-12 1 \ O Q. Z RSF-4 R-O Q� 111111111111 Subject Property W CLEVELAND ST I w Q O z Q z � ltl-U ,--- :1 Planning Area L :1 Fayetteville City Limits 1111 Trail (Proposed) Design Overlay District Regional Link - El Neighborhood Link Institutional Master Plan ' Regional Link - High Activity R Freeway/Expressway Planned Neighborhood Link _ Planning Area "--' Planned Residential Link _ - _ - Fayetteville City Limits _ NORTH RMF-24 CS —-- —— 0- Y U Q m O N Q Z Zoning RESIDENTIAL SINGLE-FAMILY L2 General Ind. —I EXTRACTION NSG 11 RI-U COMMERCIAL RI-,2 Reaieaneal-0Mce � NSL C-1 Re.ie-.1-Agnwlturel C-2 RSF-.8 C-3 R. FORM BASED DISTRICTS RSF-2 MDowntown Care RSF-4 UTHI TM1e..gI,.. R. Mein I— Center RS1-8 Downtown General RSF-18 Cammunty service. RESIDENTIAL MULTI -FAMILY Neighbe .d Servi.. -1 M Wig— Ild Cm.ervauon RM112 PLANNED ZONING DISTRICTS W, C...—I, Ind-1, Reaieen�lal W124 INSTITUTIONAL RMF-08 INDUSTRIAL Planning Conim Nae Cemmenelene gM1tlneu.Via 5, ssion 2021 Agenda Item 4 RZN 20-000024 Glorious Assets Page 2 of 4 RZN-2020-000024 Close Up View Glorious Assets HATFIELD STCie ' 1 W Q i W ' z � ~ ORE ?r ' NS-L 1 RMF-24 W M U 1 ' J a WEDINGTON DR > 1 A 1 ORA'DR 1 A i i A Subject Property BERRY-ST w AQ - �z is w > A w Q O 1 ' a w � RSF-4 LINCOLNWOOD ■■��a p D R CLEVELAND ST W v I 1 PC i DG A ,z NORTH Hillside -Hilltop Overlay District - ` Planning Area — — L — ' Fayetteville City Limits Trail (Proposed) Building Footprint Regional Link Neighborhood Link ■ ■ Planned Residential Link Feet 0 112.5 225 450 675 1 inch = 300 feet M RSF-4 RMF-24 Neighborhood Services - Ltd. Planning Co rrlmission '^^. - 5, 2021 Agenda Item 4 RZN 20-000024 Glorious Assets Page 3 of 4 RZN-2020-000024 Glorious Assets _ Current Land Use NORTH Single -Family Residential 1. I 1 " Single -Family Residential RA,DR W c� Subject Property t,, — Z .r" Oka y, +f ck Single -Family Residential ¢ •i Y. — - Single -Family Residential Institutional BERRY ST FEMA Flood Hazard Data 100-Year Floodplain Trail (Proposed) Feet Floodway Planning Area 0 30 60 120 180 240 - - -; Fayetteville City Limits 1 inch = 90 feet Neighborhood Link Planning Co mission 5, 2021 Agenda Item 4 RZN 20-000024 Glorious Assets Page 4 of 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0048 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 6. File Type: Agenda Item ADM-2020-000020: Administrative Item (Planning Commission Bylaw Amendment): Submitted by CITY STAFF. The request is to eliminate the secret ballot when voting for Officers of the Planning Commission. Planner: Jonathan Curth City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Services Director Blake Pennington, Assistant City Attorney MEETING DATE: January 25, 2021 SUBJECT: ADM-2021-000020: Administrative Item (PLANNING COMMISSION RULES OF ORDER AND PROCEDURE/NOMINATIONS AND ELECTIONS): Submitted by CITY STAFF. The request is to amend the Planning Commission Rules of Order and Procedure to remove secret balloting for election of officers. RECOMMENDATION: Amendments to the Planning Commission bylaws require presentation in writing at a regular meeting and placement on the agenda at a subsequent meeting for action. Staff recommends discussion of the amendment at the January 25, 2021 Planning Commission meeting, and if the Commission agrees with the amendment, place the item on the agenda for the February 8, 2021 Planning Commission meeting. RECOMMENDED MOTION: "I move to place ADM-2021-000020 on the agenda of the February 8, 2021 Planning Commission meeting." BACKGROUND: Following the 2020 nomination and election of Planning Commission officers, the City Attorney's Office advised that the Arkansas Freedom of Information Act does not allow public bodies to conduct their business in secret, with the exception of executive sessions. Executive sessions are reserved for the "employment, appointment, promotion, demotion, disciplining, or resignation of any officer or employee", which does not extend to the election of officers. Although votes may be done by ballot, these must be held and made publicly available. Request: Staff has drafted an amendment to the Planning Commission Rules of Order and Procedure to: • Strike the words `by secret ballot' under Section D.1, Officers, Nominations and Elections RECOMMENDATION: Planning staff recommends placing ADM-2021-000020 on the agenda of the February 8, 2021 Planning Commission meeting. Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 1 of 12 PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Approved O Denied IMotion: ISecond: I Vote: BUDGET/STAFF IMPACT: None Attachments: City Attorney's Office Memo Planning Commission Rules and Procedures: o Section D.1 — Current o Section D.1 — Proposed Amended Planning Commission Rules and Procedures Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 2 of 12 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Planning Commission CC: Jonathan Curth, Development Review Mana FROM: Blake Pennington, Assistant City Auume DATE: November 30, 2020 RE: Amendment to Rules of Order and Procedure Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Section D.1 of your Rules of Order and Procedure currently provides for the election of officers by secret ballot. We need to amend that rule to remove the secret ballot provision to ensure we are in compliance with the Arkansas Freedom of Information Act, Ark. Code Ann. § 25-19-101, et seq. The legislative intent of the Freedom of Information Act is set forth in Ark. Code Ann. § 25-19-102: It is vital in a democratic society that public business be performed in an open and public manner so that the electors shall be advised of the performance of public officials and of the decisions that are reached in public activity and in making public policy. Toward this end, this chapter is adopted, making it possible for them or their representatives to learn and to report fully the activities of their public officials. The Arkansas Supreme Court considered the legislative intent when faced with a lawsuit against the Arkansas Activities Association which had voted on several matters by secret unsigned ballots. Depoyster v. Cole, 298 Ark. 203 (1989). The Supreme Court went on to say: Looking about us, we readily see that the decisions of this court, as well as those of the legislature, city council, and other governmental agencies are all made public to the extent of each individual's vote. There can be no doubt that the use of unsigned written slips as ballots which are not Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 3 of 12 retained as part of an organization's records does little to assist the public in being advised as to the performance of the organization's members or the decisions reached by those individuals. Obviously, it makes it impossible, rather than possible, for concerned citizens or their representatives to learn and report fully the activities of the officials of such organizations. Id. The Court held in short, the voting should have been handled in such a way that the public was, or could have been, advised of the performance of the individual members of the AAA's executive committee." Id. The Freedom of Information Act does not prescribe any particular voting method so the Plaruvng Commission may vote by ballot; however, those ballots must be signed and retained as part of the official record of the Planning Commission's actions. Furthermore, as the Depoyster opinion provides, the public must have access to those records upon request: Section 25-19-103(1) of the FOIA requires that all writings or data compilations in any form, required by law to be kept or otherwise kept, and which constitute a record of the performance or lack of performance of official functions which are or should be carried out by any agency supported by public .funds, "shall be public records". The recorded votes of individual members of the executive committee of the AAA obviously constitute a record of the performance or lack of performance of official functions carried out by the AAA, and there was testimony that it was the general practice of the AAA to retain mailout ballots used in voting on matters coming before the AAA. The vote slips at issue, being records generally or otherwise kept by the AAA, therefore constituted public records which should have been retained. Finally, those records must be open to inspection and copying by any citizen of this state, except as otherwise specifically provided in the FOIA. Section 25-19-105(a). See e.g., Arkansas Highway & Trans . De 't. v. Hope Brick Works Inc. 294 Ark. 490, 744 S.W.2d 711 (1988) ... Section 25-19- 105(a) envisions that public records will be retained and made available for all citizens to examine. Id. The Planning Commission could also consider following the method used by the City Council. After interviewing applicants for boards and commissions, the Nominating Committee forwards a list of nominees to the full City Council. At the City Council meeting, a motion is made to adopt the Nominating Committee report and, after receiving a second, a roll call vote occurs. When electing the Vice Mayor, a nomination is made at the meeting, the nomination receives a second, then a roll call vote occurs. Planning Commission 2 January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 4 of 12 RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE PLANNING COMMISSION (CURRENT) D. OFFICERS 1. Nominations and Elections The Chair shall appoint three (3) members from the Planning Commission to serve as a nominating committee for the positions of Chair, Vice -chair and Secretary. The nominating committee shall present its slate to the Planning Commission who shall elect, by secret ballot, the Chair, Vice -chair and Secretary annually no later than the first regular meeting in the month of April. An officer of the Planning Commission may serve in any one position for no more than two consecutive terms. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE PLANNING COMMISSION (PROPOSED) D. OFFICERS 1. Nominations and Elections The Chair shall appoint three (3) members from the Planning Commission to serve as a nominating committee for the positions of Chair, Vice -chair and Secretary. The nominating committee shall present its slate to the Planning Commission who shall elect, by secret haslet the Chair, Vice -chair and Secretary annually no later than the first regular meeting in the month of April. An officer of the Planning Commission may serve in any one position for no more than two consecutive terms. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE PLANNING COMMISSION Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 5 of 12 A. PLANNING COMMISSION MEETINGS 1. Regular Meetings The Planning Commission shall meet in regular session on the second and fourth Monday of each month at 5:30 P.M. except for December when there shall not be a second meeting. When a holiday occurs on any such Monday, the regular meeting shall be held on the following Tuesday at the same hour unless otherwise provided for by motion. The regular meeting time may be rescheduled by the Planning Commission in special circumstances, but when so done the change must be made far enough in advance to allow normal public notification. 2. Location The place of Planning Commission meetings shall be in the Council Chambers (Room 219) in the City Hall unless another place has been previously set by the Planning Commission. 3. Special Meetings Special meetings may be called by three or more members of the Planning Commission or by the Chair. Notification of a special meeting, including specific items to be considered, should be at least four days prior to the meeting, but under extraordinary circumstances may be called as soon as legally permissible pursuant to the Freedom of Information Act and any other legal notice requirements. Such notification shall be by personal service to each commissioner or by telephone, specifying time and place of meeting. The public shall be notified as soon as possible. 4. Quorum A majority of the Planning Commission (five commissioners of the nine authorized for appointment) shall be necessary to constitute a quorum to do business at a Planning Commission meeting. The concurring vote of a majority of those attending a meeting shall be sufficient to pass all motions except for Amendments to the Master Street Plan, Conditional Uses and any changes or revocation thereof, and Amendments to these Rules, which all require five affirmative votes to pass. 5. Public Notification Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 6 of 12 The City will go further than legally required in order to inform citizens of the items to be considered by the Planning Commission. The means used may include press releases or advertisements in a local newspaper, special notice to citizens who have shown a direct interest in matters to be considered, Government Channel announcements and presentation, and agenda copies available at Planning Commission meetings 6. Presentation of Agenda Items at Planning Commission Meetings a. Consent Agenda. Consent Agenda items shall be read by the Chair and voted upon as a group without discussion by the Planning Commission. If a Planning Commission Member wishes to comment upon or discuss a Consent Agenda item, that item shall be removed and considered immediately after the Consent Agenda has been voted upon. b. Unfinished Business and New Busine (1) Presentations by Staff and Applicants. Agenda items at a Planning Commission meeting shall be introduced by the Chair. City staff shall then present a report. An agenda applicant (person seeking vacation or variance, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Planning Commission Member later to answer questions. City staff and applicants may use electronic visual aids in the Planning Commission meeting as part of the presentation of the agenda item. (2) Public Comments. Public comment at a Planning Commission meeting shall be allowed for all members of the audience on all items of unfinished and new business and subjects of public hearings. Speakers shall be limited to a maximum of (3) three minutes so that all other citizens desiring to speak on that agenda item or a later item will not be unnecessarily inconvenienced. By a majority vote of the Planning Commission Members present and voting, this time limitation may be altered for a specific agenda item. A simple majority of the Planning Commission Members, present and voting, may authorize a representative of a Fayetteville citizens' group opposing the development, rezoning or other matter to present an electronic visual aid not to exceed five minutes, but no other electronic visual aid presentations will be allowed. However, the public may submit photos, petitions, etc. to be distributed to the Planning Commission. Any member of the public desiring to speak shall first state his or her name and address, followed by a concise statement of the person's position on the question under discussion. Repetitive comments should be avoided; this applies to comments made previously in earlier Planning Commission meetings. All remarks shall be addressed to the Chair or the Planning Commission as a whole Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 7 of 12 and not to any particular member of the Planning Commission. No person other than the Planning Commission Member and the person having the floor shall be permitted to enter into any discussions without permission of the Chair. No questions shall be directed to a Planning Commission Member or city staff member except through the Chair. c. Courtesy and Respect. All members of the public, all city staff and all Planning Commissioners shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Citizens, city staff and Planning Commissioners shall confine their questions and comments to the particular agenda matter and issue before the Planning Commission at that time. Any member of the public who violates these standards or rules shall be ruled out of order by the Chair and must immediately cease speaking. The Chair may order that the speaker must immediately leave the podium or that the speaker may continue after promising to obey all the standards and rules in all further comments and questions. 7. Cell Phones. Cell phones must be turned off or put in silent mode and not used within the Council Chambers during Planning Commission meetings. Pagers must be turned off or put in silent mode within the Council Chambers during Planning Commission meetings. These restrictions also apply during Agenda Sessions. B. DUTIES AND PRIVILEGES OF PLANNING COMMISSIONERS AT PLANNING COMMISSION MEETINGS 1. Seatinq Members shall occupy the respective seats in the Council Chambers assigned by city staff. The chair shall be seated near the center of the Council table. 2. Conduct During Planning Commission meetings, commissioners shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings. Neither shall they refuse to obey the orders of the Chair nor these Rules. Every member of the Planning Commission desiring to speak shall address the Chair and, upon recognition by the Chair, shall confine herself or himself to the question under debate and shall avoid all personalities and indecorous language. A commissioner once recognized shall not be interrupted while speaking unless called to order by the Chair, Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 8 of 12 unless a point of order is raised by another commissioner or unless the commissioner chooses to yield to questions from another commissioner. If a commissioner is called to order while he or she is speaking, the commissioner shall cease speaking immediately until the question of order is determined. If ruled to be not in order, the commissioner shall remain silent or shall alter his or her remark so as to comply with those rules. 3. Financial Interest No member of the Planning Commission with a direct or indirect financial interest in any items before the Planning Commission shall participate in the discussion of or voting on such matter. 4. Voting Every member present when a question is put to a vote shall vote either "yes" or "no", except that a member may abstain from voting if he or she has not participated in the preceding discussion of the question and if that member has previously stated the reason for the abstention. Except for a question necessary to clarify the meaning of the motion being voted upon, no questions or comments by members of the Planning Commission including the Chair shall be made during the voting on the pending motion. The Planning Commission will vote at the Planning Commission meetings in the order they are called, but with a progressively different position voting first at each meeting. 5. Roll Call Upon every vote the affirmative and negative votes shall be called and shall be recorded on every motion, however, items which may be approved by motion, may be grouped together and approved simultaneously with one roll call, under a "Consent Agenda. C. PROCEDURES AND PARLIAMENTARY RULES 1. Agenda All items for discussion or action at the regular Planning Commission meeting shall be included in a Tentative Agenda provided to Planning Commission prior to an Agenda Session where the Planning Commission shall determine the final arrangement of the Agenda. At the regular meeting of the Planning Commission, the Planning Commission, by majority vote, may rearrange the order of the Agenda. Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 9 of 12 2. Precedence of Motions The Planning Commission shall follow the precedence and classification of motions as given in the most recent edition of the Arkansas Municipal League's Procedural Rules for Arkansas Municipal Officials. In the event a matter is not covered by the Procedural Rules for Arkansas Municipal Officials, the most recent edition of Robert's Rules of Order shall apply. On questions of appeal, a majority of those present is required to overturn a ruling by the chair. 3. Motions to be Stated by the Chair/Withdrawal When a motion is made and seconded, it shall be stated by the Chair before debate. After being stated by the Chair, a motion may not be withdrawn by the mover without the consent of the member seconding it. 4. Reconsideration After the decision of any question, any member of the prevailing side may request a reconsideration of any action at the same or the next succeeding meeting. A motion to reconsider requires a simple majority for passage. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. 5. Items Tabled Indefinitely Any item tabled indefinitely may be taken from the table by majority vote of the Planning Commission during the calendar year in which it was tabled indefinitely. All items tabled indefinitely and remaining on the table at the end of the calendar year shall be deemed denied and rejected for appellate and all other purposes on December 31 sc and shall not be considered by the Planning Commission in the future unless brought forward as a new item. D. OFFICERS 2. Nominations and Elections The Chair shall appoint three (3) members from the Planning Commission to serve as a nominating committee for the positions of Chair, Vice -chair and Secretary. The nominating committee shall present its slate to the Planning Commission who shall elect the Chair, Vice -chair and Secretary annually no later than the first regular meeting in the month of April. An officer of the Planning Commission may serve in any one position for no more than two consecutive terms. 3. Powers of the Chair Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 10 of 12 The Chair shall preside at all meetings and public hearings of the Planning Commission and shall decide all points of order or procedure. All plans, plats, etc., requiring the signature of the Planning Commission shall be signed by the Chair, Vice -chair or the Secretary; when authorized by the Planning Commission. These officers or any of them shall sign all other documents on behalf of the Commission. 4. Vice -Chair The Vice -chair shall assume the duties of the Chair in the Chair's absence. In the event of the absence or disability of both the Chair and Vice -chair at any meeting, the Secretary shall assume the duties of the Chair. The longest serving commissioner shall act as Chair if no officer is present during such meeting. Should any unusual circumstance prevent the election of officers at the regular annual meeting, officers shall serve until their successors are elected. E. COMMITTEES 1. Special Committees The Planning Commission may establish such standing, special or advisory committees as it deems advisable, and may assign to each committee specific duties or functions and establish the terms of members of each such committee. Members of such committees may be persons other than members of the Planning Commission, but a member of the Planning Commission shall be named as chair, either active or ex-officio, of each such committee. 2. Appointments by Chair The Chair of the Planning Commission shall name the chair and members of each such committee subject to approval of the Planning Commission and any vacancies on such committee shall be filled in the same manner. 3. Subdivision Committee A Subdivision Committee consisting of at least three Planning Commissioners shall serve as a standing committee that reviews development items after Technical Plat Review and makes recommendations to the Planning Commission. The Chair shall designate three (3) teams of three (3) Planning Commissioners to alternate as Subdivision Committee members, along with a chair of each Subdivision Committee. All members of the Planning Commission shall be eligible as alternates who shall sit with full voting rights in lieu of a regular member or members who are absent from the meeting. The Chair shall designate the order of alternates. a. The Subdivision Committee shall approve, disapprove, refer back to the developer for more information, or refer to the Planning Commission development items. b. A unanimous vote of the Subdivision Committee is required for final approval of a Large Scale Development. An applicant has the right to have a rehearing before the full Planning Commission. Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 11 of 12 C. No development item can receive final approval at Subdivision Committee level if waivers or variances are being sought. Any development with a waiver or variance request must be forwarded to the Planning Commission. All preliminary plats shall be referred to the Planning Commission for action. d. In order to conduct the business of the Subdivision Committee, at least one (1) member shall be present. No item may be approved, however, unless at least two members present vote in favor of the request. Should two or more members of the committee abstain from an item or be absent, the item shall be forwarded for consideration by the Planning Commission. Should two members of the Subdivision Committee not agree on the recommended action for an item, the item shall be automatically forwarded to the full Planning Commission for consideration. F. AMENDMENTS These Rules of Order and Procedure may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Planning Commission. Any proposed amendment shall first be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for action unless ten (10) days' written notice of the proposal has been given to all Commissioners, in which case action may be taken at any regular or called meeting. However, an amendment may be made without notice if passed by a unanimous vote. Revised and adopted by the Planning Commission of the City of Fayetteville, Arkansas, on the 8t" day of February, 2021. APPROVED: Matthew Johnson Chair ATTEST: Leslie Belden Secretary Planning Commission January 25, 2021 Agenda Item 5 ADM 21-000020 PC Bylaw Amendment Page 12 of 12 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0049 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 7. File Type: Agenda Item ADM-2020-000019: Administrative Item (2407 N. COLLEGE AVE./HOUNDS LOUNGE CUP, 290): Submitted by CITY STAFF for property located at 2407 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is a follow up to CUP 17-5908 & ADM18-6501 to determine the progress of the landscaping along the fence between the building and the street. Planner: Jonathan Curth City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: January 25, 2021 SUBJECT: ADM-2020-000019: Administrative Item (2407 N. COLLEGE AVE./HOUNDS LOUNGE CUP, 290): Submitted by CITY STAFF for property located at 2407 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is a follow up to CUP 17-5908 & ADM18-6501 to determine the progress of the landscaping along the fence between the building and the street. RECOMMENDATION: Staff recommends tabling ADM-2020-000019 to the March 8, 2021 Planning Commission meeting. RECOMMENDED MOTION: "I move to table ADM-2020-000019 to the March 8, 2021 Planning Commission meeting." BACKGROUND: The subject property is located on the west side of College Avenue, midway between Township Road and Sunbridge Drive. The property is zone C-2, Thoroughfare Commercial, and is developed with an approximately 8,900-square foot, nonresidential building. The property is served by two, existing, non -conforming curb cuts. In 2017, a conditional use permit (CUP 17-5908) was approved for Hound's Lounge, a dog day- care with grooming and outdoor facilities. Among the conditions of the approved permit, were requirements that a proposed fence be of high -quality finish, that vegetation be planted in a 5-foot wide bed and be a minimum 4-foot height with growth to cover the fence within two years, and construction of an enclosure for the dumpster along College Avenue that is of materials and color to match the building. In 2018, a staff site inspection indicated that these had not been fulfilled and the item was returned to the Planning Commission on January 14, 2019. The Commission approved an amendment to the conditional use permit, allowing plantings to be 2-foot in height and in a narrower bed, and for the dumpster enclosure to be wooden fencing. This approval was conditioned on all fencing having to be stained or painted to match the building and that the project be brought before the Commission in two years for consideration. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Use/Zoning Direction from Site Land Use Zoning North Drive-thru Restaurant/Grocer C-2, Thoroughfare Commercial South Retail C-2, Thoroughfare Commercial East Commercial C-2, Thoroughfare Commercial West Undeveloped C-2, Thoroughfare Commercial Planning Commission January 25, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 1 of 9 DISCUSSION: Per the Planning Commission's conditional use permit amendment approval, staff visited the property and business to evaluate progress towards or compliance with the project's approval. To date, the required fencing has been installed and it has been painted white to match the building on the property. Additionally, asphalt has been removed for a planting bed with vegetation planted. However, the plants have not grown sufficiently to obscure the fence. In discussing the matter with the business owner, they advised that multiple plantings have been attempted with each dying or failing to thrive, likely due to interactions with customers' animals. The business owner went on to advise that they are evaluating options for another attempt, which they intend for this spring. Details are not currently available. Accordingly, staff recommends tabling the item to afford the business owner time to create a plan and return to the Commission with it at their first meeting in March. RECOMMENDATION: Staff recommends tabling ADM-2020-000019 to the March 8, 2021 Planning Commission meeting. PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Approved O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Previous Conditions of Approval o CUP 17-5908 o ADM 18-6501 • Site Photos • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 2 of 9 Conditions of Approval (as approved 8-28-2017): Planning Commission determination of compatibility with adjacent properties, Staff recommends that the proposed location for an animal boarding business is compatible given the adjacent commercial corridor and separation from residential uses; 2. Planning Commission determination of a variance of UDC 164, 09(B)(c) allowing an eight -foot tall board fence approximately 30 feet by 80 feet to be constructed in front of a portion of the building. Staff recommends that the variance be approved with double sequential gates for safety, and that shrubs or other vegetative screen be planted along its length that will obscure the fence from the right-of-way within two years; Planning Commission amended the condition to require a high -quality fence finish, that the vegetative screen be in a landscape bed a minimum of five feet wide, with vegetation 4-foot in height, and that the plants obscure view of the fence within two years. Lastly, the fence shall be removed if the dog daycare and boarding use ceases. 3. To mitigate a potential traffic safety problem caused by the new fence, the northern driveway/curbcut shall be closed, with removal of pavement and installation of new curb, soil, and sod, or other landscape plantings. This shall occur prior to operation of the business; 4. This conditional use permit is limited to an overnight dog boarding and daycare business as described by the applicant herein. The following specifications apply: • Size of the business: 8,868 square feet with 2,500 square foot fenced • outdoor area. • Hours of operation: Monday -Friday, 7:00 AM to 7:00 PM Saturday, 8:00 AM to 6:00 PM Sunday, 11:00 AM to 5:00 PM • Number of animals: 110 maximum 5. Dumpsters shall be screened from view according to code. New dumpster placement shall be submitted to the Trash and Recycling Department, and the City Planning Division for review. Planning Commission amended the condition to require the enclosure be built with materials and colors to match the buildina. 6. Any modification to the terms of this conditional use shall require Planning Commission approval; Planning Commission January 25, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 3 of 9 Conditions of Approval (as approved 1-14-2019): 1. This amendment only changes conditions of CUP 17-5908 as specifically note in the applicant's request and in this report. No other variances for development and zoning are being sought by this proposal. Planning Commission amended the condition to require the fencing associated with the outdoor doq area and dumpster enclosure be stained or painted to match the building. Additionally, the Commission required the item to be reconsidered in two years. (Request. The applicant proposes to modify conditions of approval #2 and #5 to allow the fence and dumpster enclosure to be unfinished wood, the landscape bed to be slightly less than 5-feet wide, and the plants to be approximately 1-2 feet high at the time of planting. The applicant cites visual cohesion with the dog play area fence and the wooden trash enclosure. The applicant also states the shrubs will grow to be tall enough to obscure the fence and are robust enough to withstand animal interaction.) Planning Commission January 25, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 4 of 9 HOUHOSLOUNGE PE I Ry.juHl I.N.] ST,c ADM-2020-000019 Site Photos ENE! Looking Southeast from College Ave. f , r�......,w .1 I +, r . �Tr�,,'• ';Cep Kti. - :.y .P . Looking north from College Ave. Planning Commission January 25, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 5 of 9 Looking west from College Ave. FAIA Planning Commission January 25, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 6 of 9 ADM-2020-000019 One Mile View Hounds Lounge 0 0.125 0.25 0.5 Miles T W I-1 ATOWNSHIP S_T, STAVE D R-O RPZD Subject Property 1 Planning Area Fayetteville City Limits Trail (Proposed) <Limits Neighborhood Link Regional Link - High Activity Planned Neighborhood LinkPla■ ■ Planned Residential Link Fay NORTH I, Zoning RESIDENTIAL SINGLE-FAMILY I3 General lndusfial EXTRACTION "I-G E-1 RI-U COMMERCIAL RI-12 Re.idential-Offce Reaitlential-Agriculturel C-2 RSF.6 � C3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Core RSF-0 Urban Thoroughfare RSF-) Main Street Center RSF-6 Downtown General RSF-16 Community Service. RESIDENTIAL MULTI -FAMILY Neighb.ffi— services � -1 Neighbodtootl Conservation �RMF-12 PLANNED ZONING DISTRICTS RMF-16 Commercial, Indu -I Residential RMF-24 INSTITUTIONAL RMF-40 F 1 INDUSTRIAL Planning Conim 1-1 Heavy C...-aland Ughtlndu.trial 5, ssion 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 7 of 9 ADM-2020-000019 Close Up View C-1 SUNBRIDGE D R-O Hillside -Hilltop Overlay District ` Planning Area �-- L _ Fayetteville City Limits Trail (Proposed) Building Footprint Neighborhood Link Regional Link - High Activity Hounds Lounge ■ TOWNSHIP ST I ry Zw a� a Feet 0 75 150 300 450 1 inch = 200 feet Ce r� � O o Cal N,NORTHJ rcor -y RS F-4 RM F-24 RMF-40 Residential -Office C-1 ■ C-2 600 Urban Thoroughfare Neighborhood Conservation Commercial, Industrial, Residential Planning Cc ssion 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 8 of 9 ADM-2020-000019 Hounds Lounge A& Current Land Use NORTH Commercial _ AV r; Commercial ' , �;: Subject Property 0 Commercial AN Ap Commercial a K. R < ' �;• Olt r .,w • T FEMA Flood Hazard Data too -Year Floodplain Trail (Proposed) Feet 0 Floodway ' Planning Area 0 35 70 140 210 280 - - Fayetteville City Limits 1 inch = 100 feet Regional Link - High Activity Planning Co mission laww@; 5, 2021 Agenda Item 7 ADM 20-000019 Hounds Lounge Page 9 of 9 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0046 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 8. File Type: Agenda Item VAR-2020-000014: Variance (20 S. HILL AVE./PUTMAN HOUSE, 522): Submitted by EXPEDIENT CIVIL ENGINEERING, INC. for property located at 20 S. HILL AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.67 acres. The request is for a variance to the driveway separation and greenspace requirements. Planner: Jessie Masters City of Fayetteville, Arkansas Page 1 Printed on 112212021 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Services Director Jessie Masters, Senior Planner January 25, 2021 SUBJECT: VAR-2020-000014: Variance (20 S. HILL AVE./PUTMAN HOUSE, 522): Submitted by EXPEDIENT CIVIL ENGINEERING, INC. for property located at 20 S. HILL AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.67 acres. The request is for a variance to the driveway separation and greenspace requirements. RECOMMENDATION: Staff recommends tabling of VAR-2020-000014, until the next scheduled Planning Commission meeting. RECOMMENDED MOTION: "I move to table VAR-2020-000014 to the next scheduled Planning Commission meeting." BACKGROUND: The subject property is located just to the east and south of the main University of Arkansas campus, and currently contains a 5,222 square foot multi -family structure that was constructed in 1903. Parking on the site is currently accessed through two existing, non -conforming gravel driveways. The site is approximately 0.7 acres, and is zoned DG, Downtown General. The property owner intends to use the space as artist workspaces, and has submitted a site improvement plan (SIP-2020-000009) to install two separate parking lots on the site; the SIP is currently under review by City staff. Surrounding land use and zoning is depicted on Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -Family Residential DG, Downtown General South Multi -Family Residential DG, Downtown General West Multi -Family Residential DG, Downtown General; RMF-40, Residential Multi -Family, 40 Units per Acre East Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre Request: The applicant has requested two variances to the Unified Development Code (UDC) associated with a submitted site improvement plan to install two parking lots on site (SIP-2020- 000009). Variance 1: 166.08(F)(2)(c) — Curb cuts are to be located a minimum of 50 feet from an intersection or driveway. The applicant is requesting a separation distance of 15.33 feet Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 1 of 17 from the adjacent curb cut to the south, and a separation distance of 28.32 feet from the adjacent curb cut to the north. Variance 2: 177.04(D)(1) — All parking lots are to have 5 feet of landscaped area between the parking lot and property line. The applicant is requesting a reduction of this landscaped area to 2.46 feet. Public Comment: Staff has received a letter of support of the item from the property's tenant, which is attached. DISCUSSION: Variance 1: Staff is supporting the applicant's request to use two existing non -conforming driveways to provide access to two proposed parking lots. The property in question was previously used as a multi -family structure and the applicant is converting the property into artist workspaces. While additional parking is not a development requirement since the City of Fayetteville does not have parking minimums for non-residential uses, the maximum amount of parking permitted on the site is based on a calculation of the property's proposed use, as outlined by chapter 172.05. While artist workspaces are not specifically called out in the Unified Development Code for parking calculations, a reasonable proxy would be Professional Offices, which allow for 1 space for 300 square feet of gross floor area (GFA). For the existing 5,222 square foot building, this would allow for 17 parking spaces by right. Further, the UDC allows for a by -right increase of 15% of the maximum allowed parking, bringing the maximum parking spaces allowed on site to 20. The applicant is requesting to build 18 parking spaces, in two separate lots. While staff finds that the property does have an alley to the west of the property, potentially allowing for rear -loaded parking to the site and eliminating the need to use those non -conforming access features, the topography of the alley, as well as limited access to the alley right-of-way by an existing structure makes use of this access infeasible. Further, staff finds that traffic data between 2011-2015 shows that only one accident occurred near the site, so despite the existing non -conformity, there does not appear to be a safety hazard. Staff finds that the most reasonable way to provide parking onto the site to the applicant's by -right allowances would be through redeveloping the existing driveways. Variance 2: Staff finds that the applicant is currently indicating a 20-foot drive aisle width rather than the required 24-foot drive aisle width for 90 degree parking with two-way access for both the parking lot to the north, and the parking lot to the south. Unified Development Code outlines a difference between a driveway, and a drive aisle for parking. While 20 feet is the minimum width requirement for a driveway, a drive aisle requires a minimum of 24 feet (exhibit attached). For this reason, staff finds that the variance needed for this reduction of greenspace is much greater than requested, due to the need to provide this additional 4 feet of width for the drive aisle. Staff is recommending tabling of the item, to allow the applicant to revise the request or revise the drawing accordingly. RECOMMENDATION: Staff recommends tabling of VAR-2020-000014 until the next scheduled Planning Commission meeting; should the Commission choose to approve the variance, staff recommends the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of a variance to access management standards for curb cut locations((166.08(F)(2)(c)). Staff supports the request based on the findings herein; Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 2 of 17 2. Planning Commission determination of a variance to the 5-foot perimeter landscaping requirement for parking lots (177.04(D)(1)). Staff recommends tabling the item based on the findings herein; 3. Approval of this variance is not an approval for the associated site improvement plan or other development requirements. Please resubmit a plat to the Planning Division addressing comments and revisions from the approval of this variance. PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Approved O Denied (Motion: ISecond: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code o §166.08 -Street Design And Access Management Standards o §172.05 -Standards For The Number Of Spaces By Use o §177.04 -Site Development And Parking Lot Landscape Standards • Urban Forestry Memo • Applicant Request Letter and Exhibits o Site Plan o South Drive o North Drive • Staff Exhibit — Contours • Staff Exhibit — Drive Aisle versus Driveway • Public Comment • One Mile Map • Close-up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 3 of 17 166.08 - Street Design And Access Management Standards (F) Access Management. Safe and adequate vehicular, bicycle, and pedestrian access shall be provided to all parcels. Residential link streets and driveways shall not detract from the safety and efficiency of bordering arterial routes. Property that fronts onto more than one (1) public street shall place a higher priority on accessing the street with the lowest functional classification, e.g., residential and neighborhood links. In a case where the streets have the same classification, access shall be from the lower volume street, or as determined by the City Engineer. (1) Curb Cut Separation. For purposes of determining curb cut or street access separation, the separation distance shall be measured along the curb line from the edge of curb cut to the edge of curb cut/intersection. The measurement begins at the point where the curb cut and intersecting street create a right angle, i.e., the intersection of lines drawn from the face -of -curb to face -of -curb. The measurement ends at the point along the street where the closest curb cut or street intersection occurs; again, measured to the point where the curb cut or intersecting streets create a right angle at the intersection of face -of -curb. In all cases curb cuts shall be a minimum of 5 feet from the adjoining property line, unless shared. (2) Separation for two (2) family, three (3) family, multi -family and nonresidential development. (a) Regional and Regional High Activity Links. Where a street with a lower functional classification exists that can be accessed, curb cuts shall access onto those streets. When necessary, curb cuts along regional links shall be shared between two (2) or more lots. Where a curb cut must access the regional link, it shall be located a minimum of 250 feet from an intersection or driveway. (b) Neighborhood Links. Curb cuts shall be located a minimum of 100 feet from an intersection or driveway. When necessary, curb cuts along neighborhood links shall be shared between two (2) or more lots. (c) Residential Links. Curb cuts shall be located a minimum of 50 feet from an intersection or driveway. In no case shall a curb cut be located within the radius return of an adjacent curb cut or intersection. (Code 1965, App. C., Art. IV, §§C, D, F—H; Ord. No. 1750, 7-6-70; Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76; Ord. No. 2353, 7-5-77; Code 1991, §§159.45, 159.58, 159.51-159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4757, 9-6-05; Ord. No. 4919, 9-05-06; Ord. No. 5156, 8-5-08; Ord. No. 5296, 12-15-09; Ord. No. 5546, 12-04-12; Ord. No. 5642, 12-03-13; Ord. No. 6179 , §1, 4-16-19; Ord. No. 6207, §§1-4, 7- 16-19; Ord. No. 6244 , §1, 10-1-19; Ord. No. 6350 , §4(Exh. C), 8-18-2020) Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 4 of 17 172.05 - Standards For The Number Of Spaces By Use (A) Required Parking. (1) Non -Residential Use. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces shall be limited based on the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05. The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. TABLE 3 PARKING RATIOS (Use/Required Spaces) Office Medical/Dental office [1 per 250 sq. ft. of GFA Professional office [1 per 300 sq. ft. of GFA Sales office 1 per 200 sq. ft. of GFA (Ord. No. 4567, 05-04-04; Ord. No. 4930, 10-03-06; Ord. No. 5118, 3-18-08; Ord. No. 5297, 12-15-09; Ord. No. 5435, 8-16-11; Ord. No. 5801 , §1(Exh. A), 10-6-15) 177.04 - Site Development And Parking Lot Landscape Standards (D) Perimeter Landscaping Requirement. Proposed development shall be landscaped meeting the following requirements: (1) Side and Rear Property Lines. All parking lots shall have 5 feet of landscaped area between the property line and parking lot. The 2-foot vehicle overhang option may be included to meet this requirement. Depending on the use and location, additional landscaped area and screening may be required along property lines. Where parking lots are located adjacent to a public alley, greenspace is not required between the parking lot and the alley. A shared driveway or parking lot drive aisle within a platted access easement may encroach fully within the required greenspace along the side or rear property lines. (Ord. No. 4917, 9-05-06; Ord. No. 5312, 4-20-10; Ord. No. 5337, 8-3-10; Ord. No. 5859 , §3(Exh. B), 3-15-16; Ord. No. 6090 , §1, 9-18-18) Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 5 of 17 CITY OF Vim FAYETTEVILLE ARKANSAS Planning Commission Memo TO: Fayetteville Planning Commission THRU: Jessie Masters, Senior Planner FROM: Melissa Evans, Urban Forester MEETING DATE: January 20, 2021 SUBJECT: VAR-2020-000014: Variance (20 HILL AVE.): Submitted by EXPEDIENT CIVIL ENGINEERING, PLLC. for property located at 20 HILL AVE. The property is zoned DG — DOWNTOWN GENERAL. The request is for a VARIANCE to Chapter 177.04(D)(1) Side and Rear Property Lines. RECOMMENDATION: Urban Forestry Staff recommends the approval of VAR-2020-000014 which would allow the property owner to have less than 5' from the side (south) property line. The area with the proposed parking lot is subject the Landscape Regulations of Chapter 177 of the UDC. Specifically, 177.0(D)(1) which states "All parking lots shall have 5 feet of landscaped area between the property line and parking lot". BACKGROUND: The new plan shows 2.5' to 2.7' along a portion of the parking lot and driveway. This due to space constraints with the placement of the existing house and proposed parking/driveway to the property line. The adjacent property is comprised of apartment buildings with considerable greenspace on the other side of the southern property line. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevif F--��.W4, 2021 Fayetteville, AR 72701 Agerida Item 8 VAR 20-000014 Putnam House Page 6 of 17 9200 Suits Us Dr, Ste. B Bella Vista, AR 72714 Phone: (509) 759-5300 Expedient Civil Engineering, PLLC Email: jason@ece-pllc.com December 28, 2020 Jessie Masters Senior Planner City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 RE: VARIANCE REQUESTS PUTMAN HOUSE PARKING LOT 20 HILL AVE, FAYETTEVILLE, AR ECE PROJECT NO. 20-1056 CITY PROJECT NO. SIP 2020-000009 Dear Mr. Masters: The purpose of this letter is to request variances for selected items in the construction drawings. They are as follows: 1. We would like to request a variance from the curb cut separation requirement of 50' for non- residential developments. There are two existing gravel drives, one on the north and one on the south, that currently exit onto Hill Avenue. The proposed driveways are located at these same locations. New driveways, per detail DW4, will be installed and the driveways will be paved. Since the driveways are existing, we are requesting a variance from the minimum driveway separation for both driveways. We are requesting a variance from 50' to 23.82' for the north drive and from 50' to 15.33' for the south drive. 2. A 5' greenspace is required along property lines. There is an existing concrete apron on the south side of the existing structure that is constructed 2.46' from the property line. Also, a minimum of 20' for drive is required for fire access. The existing structure lies approximately 38' from the property line. To provide the minimum 15' stall depth, for compact parking spaces, and a 20' drive aisle, it would only leave a 3' greenspace. Therefore, since there is existing pavement located within 2.46' of the property line, and a 20' driveway aisle is needed for fire access, we are requesting a variance from the required 5' greenspace to 2.46' along the south property line. Thank you for your consideration of these variances and we look forward to discussing them further with you and to your approval. An equal opportunity employer Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 7 of 17 Mr. Jesse Masters December 28, 2020 Page 2 Best Regards, EXPEDIENT CIVIL ENGINEERING, PLLC Jason E. Ingalls, P.E. Owner/Senior Project Manager Attachments: As Stated. Cc: Kevin Curry An equal opportunity employer Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 8 of 17 OWNERRN AR-UA HOLDINGS LLC 1S'� :i65-04]95-000 HQ�o�in _ m ZONE -DO kia Qi�L;o ��sr - 855_855_e 23.92' S. HILL AVE. ��—655_DS5—E55-65= a65-855-65 s o S 8 F 4W CURRENT 50' R/W), MSP 52' R/W - �3 09 '1_ff gw - �i�5`a A T 2D' 000000 zs' euILD To ZONE QQq s' _ _ m ®za 19' 20' S 1 �+ ° vw.nER AAE4 Vs 2.5' --J[ O a COVERED POR aH ' ° ° g - O O 15 •O 1e a ° 1 � �8 �00000 ° 2 § go g T. S m R �I III Y WOOD DECK y g PLANTER AREA m R x� g�aoo I 01 m � WOOD FENCE (TTP) w � � C. 9UIL0 g� TO ZONE T= _ q 502'I3'13'S1 OWNER: s A0 IN7 WHITE]4 FAMILY TRUST ZONE 19.9' ALLEY o ..'g — — —--{6flRREN-T-20=R/W)_ _ �91 m 8 '� m z i; iY i4 i4 R R S2 S2 2 e�o m >9 o A �W a "• s a I � I p o 1. l NOT FOR CONSTRUCTIO D , Commen9 I PUTMAN HOUSE PARKING LOT Re o i ro < m N m x z Ew,..l.n.®Kws.� 20 HILL AVENUE FAVETTEVILLE, AR ]2]01 91 S.- I - E mA K ig Commission nuary 25, 2021 Agenda Item 8 Putnam House Page 9 of 17 (n O_ m m 0 0 0 C� m U) rn 0 N O N (`') N W ry r) H Z) O CO H O J z_ v ry Q W O Z CQ G D 0- cif CL W c L♦0 D N O O O (D O N O N O N 7 M N Q (6 U N O (6 E O LO LO co M N O CO O O V O N O O M co y - n _ m M W E O C m Y U � Q 0 O ai 0 o 3 rn 3 }>a� 0 > > m Planning CommisNon L January 25, 2421 Agenda It 8 VAR 20-000014 Putnam House Page 10 of 17 0_ m m 0 0 0 C� m U) N 0 N O N (`') N E W F- ry 0 Z I"_ 0 J Z Y ry Q W CO D 0 Z CQ G F- D 0- cif CL W c L♦0 D r 0 0 N O O O (D O N O N O N 7 N Q (6 U N O (6 E LO CR v O co M O N O CO O O V O) Sri M e V {y N � O O O co C n m E W O C m Y U � Q 0 O ai 0 o 3 rn 3 }>a� 0 > > m Planning CommisNon LL CO January 25, 2421 Agenda It 8 VAR 20-000014 Putnam House Page 11 of 17 STAFF EXHIBIT VAR-2020-000014 Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 12 of 17 EXHIBIT DRIVEWAY VS DRIVE AISLE DRIVEWAY DRIVE AISLE PERIMETER LANDSCAPE REQUIREMENT Planning Commission January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 13 of 17 ART>ENTURES 20 S Hill Ave - Putman House, Fayetteville, AR 72701 • ArtVentures-NV\/A.org January 20, 2021 Jessie Masters Senior Planner City of Fayetteville 125 W Mountain Street Fayetteville, AR 72701 RE: VARIANCE REQUESTS PUTMAN HOUSE PARKING LOT 20 S HILL AVE, FAYETTEVILLE, AR ECE PROJECT NO. 20-1056 CITY PROJECT NO. SIP 2020-000009 Dear Ms. Masters My name is Sharon Killian and I am president of Art Ventures, a non-profit arts and education organization located at Putman House. I am writing in support of the Variance Requests indicated above that were recently submitted for 20 S Hill Avenue. As you may know, Art Ventures was located on the Fayetteville Square for eleven years until 101 W Mountain Street was sold in November 2019. Last year, in November 2020, the owner of Putman House, Kevin Curry, offered Art Ventures the opportunity to receive this building and grounds for use by Art Ventures. He has been a generous donor offering us a multi -year lease with zero monthly rental payments. In order for the property to work for Art Ventures' mission to promote art and artists, local and regional culture within the city and near the cultural Arts Corridor, the parking variances are essential. Due to the cultural significance of the house — it is such a gem that many locals have expressed their pleasure about our new location — parking outside the front of the house would be undesirable. Art Ventures envisioned the opportunity for a sculpture garden that would enhance the City, and retain the view from the front overlooking our Flagship University. Please help us to put in place adequate parking outside of the front plane of the building while being able to maintain a fire lane by approving these variance requests. Thank you very much for your consideration. All the best. Sharon Killian President, Art Ventures Putman House - 20 S Hill Ave Fayetteville, AR 72701 AVM hoard Sharon Killian, President ■ E. Kent Oliver, Treasurer • Karolyn Farrell, Secretary - Ana A91014hh-Ing Commission Syard Evans • Esther Silver -Parker • Craig Underwood January 25, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 14 of 17 Agenda Item 8 VAR 20-000014 Putnam House Page 15 of 17 VAR-2020-000014 Close Up View I �,;r—TkEADWEL•L-ST z a t� z e Putman House 6 PUTM N J J a Hillside -Hilltop Overlay District ` Planning Area L - 1 Fayetteville City Limits — I Design Overlay District Building Footprint Neighborhood Link Urban Center - - - Shared -Use Paved Trail -CENTERST------------- -- 01 Feet 0 75 150 300 450 600 1 inch = 200 feet _j 1 RSF-4 Q c� I-1 R-O 0 RM A& NORTH RSF-4 RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office Main Street Center Downtown General Neighborhood Conservation P-1 Planning Co mission 5, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 16 of 17 VAR-2020-000014 Putman House _ Current Land Use NORTH e w•i� CENTER�ST t6i i Multi -Family Residential Multi -Family Residential "him. r_ UJ r - a r Y Subject Property TREADWELL ST'`'' .. � � � i � ilk 4 ; • � Multi -Family Residential - a- I -ter �+ A ■ -� . i Multi -Family Residential f _ Shared Use Paved Trail FEMA Flood Hazard Data Planning Area Fayetteville City Limits 100-Year Floodplain Feet Floodway Design Overlay District 0 35 70 140 210 280 Neighborhood Link 1 inch = 100 feet Urban Center Planning Co mission 5, 2021 Agenda Item 8 VAR 20-000014 Putnam House Page 17 of 17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0045 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 9. File Type: Agenda Item VAR-2020-000013: Variance (N.E. OF 245 VAN ASCHE LOOP/OSBORNE OFC. BLDG., 262): Submitted by BATES & ASSOCIATES, INC. for property located N.E. OF 245 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.98 acres. The request is for a variance to the maximum number of allowed parking spaces and greenspace requirements. Planner: Jonathan Curth City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Services Director MEETING DATE: January 25, 2021 SUBJECT: VAR-2020-000013: Variance (N.E. OF 245 VAN ASCHE LOOP/OSBORNE OFC. BLDG., 262): Submitted by BATES & ASSOCIATES, INC. for property located N.E. OF 245 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.98 acres. The request is for a variance to the maximum number of allowed parking spaces and greenspace requirements. RECOMMENDATION: Staff recommends approval of VAR-2020-000013, with conditions. RECOMMENDED MOTION: "I move to approve VAR-2020-000013, determining: • In favor of the requested parking lot design variance; • In favor of the requested landscape variance; and • In favor of all other conditions recommended by staff. BACKGROUND: The subject property is located in north Fayetteville, at the southeast corner of Van Asche Drive and Van Asche Loop. Van Ache Loop is a private drive serving multiple properties. The property is level, without tree canopy, and currently undeveloped. A stormwater main crosses the northeast corner of the property and easements parallel and extend in to the site along every property line. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped C-1, Neighborhood Commercial South Office C-1, Neighborhood Commercial East Office C-1, Neighborhood Commercial West Office C-1, Neighborhood Commercial Public Comment: Staff has received no public comment regarding the request. DISCUSSION: Request: The applicant is currently undergoing development review for the property under small site improvement plan SIP-2020-000010. As a part of this, staff identified variances to proceed with the site design as proposed. In response, the applicant has submitted the two variance requests below, followed by staff's recommendations: Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 1 of 13 §172.05, Standards For The Number of Parking Spaces By Use. To prevent an over- supply of parking along with associated drainage and urban heat island effects, Fayetteville's parking standards include parking maximums for nonresidential developments. For medical offices, this allowance is one parking space per 250-square feet of building. With the applicant's proposed 7,800-square foot building, 31 spaces are permitted by -right. Ordinance includes allowances to increase the amount of by -right parking with incorporation of low -impact development features and additional tree plantings. Taken together, these permit 41 parking spaces. The applicant proposed 47, an increase of six beyond ordinance allowances. Allowed Parking (1/250 SF): 31 +15% by -right +10% LID features +5% with additional trees Allowed parking with allowances: 10 Proposed parking: 47 Difference subject to variance: 6 In their attached request, the applicant asserts that the additional parking is necessary given similar demand on adjoining properties coupled with the new buildings anticipated capacity. o Staff Recommendation: Staff acknowledges that medical uses tend to necessitate more parking than other office uses given their higher amounts of staffing and overlap between patients. This is reflected in ordinance, with an allowance for one parking space per 250-square feet of medical office versus one parking space per 300-square feet of professional office. With the applicant's request, two additional factors merit consideration for additional parking. First, the proposed building is among other medical offices, each with its own heightened parking need. While this clustering of similar uses can benefit patients seeing multiple providers, it can lead to a cumulative demand for parking that is more readily aggravated with any shortage of supply. Secondly, with the anticipated three to four tenants in the building, the applicant estimates approximately 20 staff along with potential for 30 patients during peak hours. Accordingly, even with the proposed variance the amount of on -site parking proposed may be at the upward limit or below what is needed. Accordingly, staff supports the request, finding that not doing so may conflict with a stated purpose of the Parking and Loading chapter of the Unified Development Code: provide adequate areas for off-street parking and storage of motor vehicles. To offset the increased imperviousness, staff recommends conditioning variance approval on the reduction of parking space depths adjacent to greenspace to 17 feet per the allowances of the landscape ordinance. §177.04(D), Perimeter Landscaping Requirement. In zoning districts developed in a conventional form with parking adjacent to the street, 15 feet of greenspace is required between the right-of-way and a parking lot. The applicant proposes to reduce this between the main parking area proposed and the Van Asche Drive right-of-way. Although at or near the required 15-foot along much of the property's frontage, it is reduced to as little as 4.25 feet where the right-of-way widens to include stormwater infrastructure. o Staff Recommendation: Staff recommends in favor of the request, finding that the Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 2 of 13 widened right-of-way along the property's northeast frontage does impose an unusual condition, unique to this property. Additionally, greenspace will be present, but within the right-of-way, ensuring that the intended buffer will be present, but simply not on the subject property. RECOMMENDATION: Staff recommends approval of VAR-2020-000013 subject to the following conditions: Conditions of Approval: Planning Commission determination of a variance of §172.05, Standards For The Number of Parking Spaces By Use, to allow six parking spaces beyond what is allowed in ordinance. Staff recommends in favor of the request provided the findings in this report and the following condition: a. All parking spaces adjacent to greenspaces shall reduce their depth to 17 feet with a two -foot overhang; 2. Planning Commission determination of a variance of §177.04(D), Perimeter Landscaping Requirement, to allow greenspace of less than the 15-foot required in ordinance. Staff recommends in favor of the request provided the findings in this report, 3. Approval of these variances does not represent approval of other development issues that have not been fully -reviewed at this stage. PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Forwarded O Denied IMotion: ISecond: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §172.05, Standards For The Number of Parking Spaces By Use o §177.04(D), Perimeter Landscaping Requirement • Request letter • Variance Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 3 of 13 172.05 - Standards For The Number Of Spaces By Use (A) Required Parking. (1) Non -Residential Use. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces shall be limited based on the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05. The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (3) Maximum Number Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: (i) Bioswales (ii) Constructed wetlands (iii) Pervious pavement (iv) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) Developments may increase the number of off-street parking spaces by an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (4) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (a) Rounded to the next higher whole number when the fraction is 0.5 or higher. (b) Rounded to the next lower whole number when the fraction is less than 0.5. (5) On -Street Parking. Each permitted on -street parking space adjacent to a project frontage may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (6) Motorcycle and Scooter Parking. One (1) Motorcycle and scooter parking. In parking lots containing twenty- five (25) parking spaces or more, one (1) space for every twenty-five (25) parking spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (7) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03 Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 4 of 13 TABLE 3 PARKING RATIOS (Use/Required Spaces) Office Medical/Dental office Professional office Sales office 1 per 250 sq. ft. of GFA 1 per 300 sq. ft. of GFA 1 per 200 sq. ft. of GFA (Ord. No. 4567, 05-04-04; Ord. No. 4930, 10-03-06; Ord. No. 5118, 3-18-08; Ord. No. 5297, 12-15-09; Ord. No. 5435, 8-16-11; Ord. No. 5801 , §1(Exh. A), 10-6-15) Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 5 of 13 177.04 - Site Development And Parking Lot Landscape Standards (A) Applicability. A detailed landscape plan is required to be submitted for all development when either new development or expansion of 25% of the existing building square footage occurs and for all new or expanded parking lots containing five (5) or more spaces. Landscape plans shall be submitted with the application for building permit or parking lot permit. Submittals shall conform to the standards established within this chapter. (B) General Requirements. (1) Separation of Landscaped Areas and Vehicles. All landscaped areas shall be protected from potential damage by vehicles by placing concrete curbs or wheel barriers adjacent to the landscaped area. (2) Vehicle Overhangs. A portion of a standard parking space may be landscaped instead of paved to meet part of the landscaping requirement. The landscaped area may be up to 2 feet of the front of the space as measured from a line parallel to the direction of the bumper of the vehicle using the space. Landscaping may only be groundcover plants in the overhang area. (3) Maintenance. The current owner of the property shall be responsible for the maintenance of all required landscaping. (a) Irrigation System. Some method of irrigation shall be required in landscaped areas. An automated irrigation system is encouraged to ensure adequate moisture to plant material. In landscaped areas without an automated irrigation system the installation of hose bibs (water spigots), installed one (1) for every 100-foot radius, will be required. (b) Planting Beds. All landscaping shall be planted within areas designated as planting beds. Planting beds shall have amended soil to insure the health of the plant materials. All sod shall be removed within the planting bed and mulch shall cover the bare soil to ease maintenance. Sod will be allowed in tree lawns and tree islands if no other plant material is included within these areas. (c) Replacement Landscaping. Landscaping that dies or is damaged shall be removed and replaced by the current owner of the property. The owner shall have sixty (60) days from the receipt of written notice issued by the city to remove and replace any required landscaping that dies or is damaged. (D) Perimeter Landscaping Requirement. Proposed development shall be landscaped meeting the following requirements: (2) Property Lines Adjoining Street Right -of -Way. (a) Landscape Area Required. A 15-foot wide landscaped area shall be provided along the front property line exclusive of and adjacent to the Master Street Plan right-of-way. Points of access (entrance drives, exit drives) and sidewalks are allowed to cross the 15-foot landscaped area provided the integrity of the landscaped area is maintained. (b) Urban Zoning Districts. Zoning districts that prescribe urban building form (e.g., a build -to zone) permitting front setbacks of less than 15 feet may be permitted to eliminate the greenspace between the principal fagade of a building and the Master Street Plan right-of-way and instead provide pedestrian oriented elements as referenced in 166.24(E). (c) Residential Zones. Except for permitted entrance drives, every development shall be landscaped for an equal and uniform width of 15 feet parallel to the front property line(s) street right-of-way. Single and two-family residential uses shall be exempt from this requirement. (d) Nonresidential Zones. Except for permitted entrance drives, every development shall be landscaped for an equal and uniform width of 15 feet parallel to the front property line(s) street right-of-way. (e) Shade. All tree planting locations shall attempt to achieve shade for parking lots, cars, benches, pedestrian walkways, etc., by utilizing aspect and locating trees along the south and west boundary of these areas. (f) Screening. Parking lots containing five (5) or more spaces shall be screened from the public right-of- way and adjacent properties, where said parking areas are adjacent to residential zones, with shrubs and/or graded berms. If graded berms are used, shrubs are also required. Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 6 of 13 (g) Perimeter Planting Location. Street trees shall be installed in the location identified under the street tree planting standards described herein, all other plantings noted herein shall be installed within the required landscape area. Subject to approval by the Urban Forester, required shrubs may be planted within the right-of-way or outside the required landscape area parallel to the street right-of-way only in extenuating circumstances. (3) Tree Planting. (a) Large species trees shall be planted in the location identified in the Street Tree Planting Standards containing one (1) tree per 30 linear feet along the front property line. Trees along the perimeter may be grouped to allow flexibility in design. The maximum allowed grouping may be up to 25% of the required number of street trees. (b) Species selection shall be chosen from the approved list of trees for landscaping found in the appendices of the City of Fayetteville Landscape Manual. Alternate tree species selections may be approved by the Urban Forester. No more than 25% of trees planted to meet perimeter landscaping requirements may be evergreen. (c) Planted trees shall have a 2-inch caliper (diameter) measured 6 inches above ground level at the time of planting. (d) At the request of the developer, the Urban Forester may exempt specific areas from required tree planting where the terrain, existing trees or other physical limitations make the planting of new trees impracticable. In cases of existing overhead power lines, small trees shall be planted that will not interfere with the existing power lines. Species selection shall be approved by the Urban Forester. (4) Shrub Screening. Parking lots that require screening shall have shrubs that are spaced so as to create a seamless row of hedging. A minimum of 50% of the shrubs shall be evergreen. Shrub size at the time of planting shall be in a minimum of 3-gallon containers with an expected height of three feet or more within two (2) years of planting. (5) Perennial Groundcover. All landscaped areas shall be vegetated or re -vegetated with appropriate perennial groundcover. Prior to the issuance of a certificate of occupancy, all bare soil shall be adequately covered. (Ord. No. 4917, 9-05-06; Ord. No. 5312, 4-20-10; Ord. No. 5337, 8-3-10; Ord. No. 5859 , §3(Exh. B), 3-15-16; Ord. No. 6090 , §1, 9-18-18) Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 7 of 13 Bates Associates-, I nc. Civil Engineering _ Surveying 7230 S. Pleasant Ridge Drive / Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 December 28, 2020 City Planning Division City of Fayetteville, Arkansas VAR-2020-000013 125 W. Mountain Street Request Fayetteville, AR 72701 Letter RE: Osborne Lease Building SIP — Variance Application Letter Dear Commissioners, The Applicant, Dr Lance Osborne, DDS, requests two variance as part of a Large Site Improvement Plan proposed at Washington County Parcel #765-28971-100, located at West Van Asche Loop within the City Limits of Fayetteville. The proposed development will serve as a medical office and will be leased to multiple tenants. The proposed building will have 7800 sq. ft. in Gross Floor Area. Per the proposed use, the maximum spaces allowed are 31, which is increased to 41 total spaces allowed when accounting for a 15% by -right increase, a 10% increase for providing an LID feature, and a 5% increase for providing an additional tree for every 10 additional parking spaces. The Applicant proposes a total of 47 parking spaces to provide for the anticipated maximum occupancy of the proposed development, and is requesting a variance for 6 additional spaces as part of this application. Please see below for the individual variance requests: 1. Standards For The Number Of Spaces By Use — Required Parking (172.05.A.1). - Per the Medical/Dental Office section of Table 3 found in the above -referenced portion of the Unified Development Code, a maximum of 31 spaces are allowed for this development (7800 sq. ft. GFA building, 1 space allowed per 250 sq. ft. of GFA) - After the required standards are met per 172.05.A.3, the maximum spaces allowed totals 41 spaces. - The Applicant requests a Variance to allow for 6 additional parking spaces to provide for the anticipated maximum occupancy of the proposed development. - The proposed development will be similar in size to the existing buildings in the surrounding area. At peak hours, the parking areas serving the surrounding existing buildings of similar use are typically at capacity, suggesting that an increase in the allowed parking is justified to accommodate all occupants. - The existing building to the west of the proposed development is of similar size and has 51 total parking stalls. This is less than the total per this requested variance, and it is anticipated that the maximum occupancy of the proposed building will be higher due to its proposed use. Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 8 of 13 3. Perimeter Landscaping Requirements — Landscape Area Required (177.04.D.2.a) - Per the above requirement, "15-foot wide landscaped area shall be provided along the front property line exclusive of and adjacent to the Master Street Plan right-of-way. Points of access (entrance drives, exit drives) and sidewalks are allowed to cross the 15- foot landscaped area provided the integrity of the landscaped area is maintained. " - The existing Right -of -Way on the portion of the subject property that abuts West Van Asche Drive is significantly greater than the minimum required Master Street Plan right- of-way of 96 feet. There is also a "bump -out" in the right-of-way at the northwest corner of the property to accommodate a drainage structure that decreases available on -site greenspace. - The proposed parking areas and drive aisle will encroach within the required 15' buffer. The narrowest greenspace from the right-of-way will be 11.98', and the widest will be 14.67'. - If the right-of-way were at the required distance from the centerline of West Van Asche Dr, the landscape buffer would be between 22.14' at the narrowest point and 39.74' at the widest. - The applicant requests a variance due to the fact that the right-of-way exceeds the Master Street Plan requirements, and that additional hardship exists due to the "bump - out" in the right-of-way at the northwest corner of the property. - The proposed parking and drive aisle layout is extremely similar to the development to the west, which also encroaches into the required 15' greenspace, further justifying this variance request. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely Jason Young, Project Manger Bates & Associates, Inc jason@batesnwa.com 479-442-9350 Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 9 of 13 lid `311IA31 DNA alnlaa8yory ednspuej-6uiAeNng pue1-6uuaaui6u311AQ �u 1181HX3 3ONVIdVA -�u�`sa�e��ossb z o zizQiz ,vnivienS is?iu NV]d 1N3W3AOddW1 311S IIVWS 29sa�e8 ` O 3 31va sNolsln3a ON10i1f18 3SV31 3Nd08S0 SA" '0 :d33NION3 ONf101 '1 :A8 N-M 0 S o 0 F Wk £8 0 €elms o¢t�OWk=� QllarrN� � � r +W-M; (D pdWrWaa, dWff i £ of€aop m d' aoog�sa z�m�g�a �.l Ali o o �e�����l�l��al��: STOP I $e I N-��a����� i z R I �— 3Q Tzvolo� aa.oz - 6 ,bZ'6C x $ 13Q 3� M - 6 - 5 1 ll 04 N •� i F I wW X affi W i 1 ,ZS'ZS ery I � CO'Z! - ' I I F—.6l Z'ZZ B ICI l/ 6 m I I i ■ III �I� i I <I Ila — 2 �� III' li x� � ■ ZB j1� I OC I 6 z_ z_ga ___ Q- I zW�zw I W -..I %.leI—V g sNl q OZOZ OO 146uAdoo a `��s� 5 ONE cq< ���s�or�=osm K��SB��dmm� 3a vxQ 13 3Q € E 4 wm ze m _ W wo `>gWg 223€dam c��d FiUS � .00 gd �Co yoo�mW gs�BWa 3Wa, 3yQ V MUM mYwiH m-----€.inc i N S w_ < Ya� I \ s rn d wd _ Rir ��Mil ' I a a I 1 111111 'wil,llj Islliig 1111111 11''11I 1i11111 ill I 1 Ali �111.1+11i illll 11 s I� _...c. • :: III o , .. _ Lj Planning Commission January 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 10 of 13 VAR-2020-000013 One Mile View Osborne Ofc Bldg NORTH 0 0.125 0.25 0.5 Miles J; ml J W W H Z G2 UT I M -- I m Lit Lu Q I C-1 I LLI W 0 I f-- R-A O W IY O14 WAVAN z JPN��ASCHE DR W VAN ASCHE \ C-3 G� Z 9 ►p Planning Area t — + Fayetteville City Limits Trail (Proposed) --_ Design Overlay District Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway Planned Neighborhood Link M Planned Residential Link z �S - Phi l - �gFz I ` P-1 / r Planning Area Fayetteville City Limits W z �.WAVAN� ASCHE DR E VAN ASCHE DR Jam• �m W W W I co / BR\GN� EXPO N OSN\VN OR N 15a Zvvivg General Indlavial — — — RESIDENTIAL SINGLE-FAMILY EXTRACTION M NI-G E- � E-1 RIL COMMERCIAL RI-12 Reaidenlial-OFce NS-L C-1 Reaidenlial-Agricultural111111111 C-2 RSF.6ii C3 RSF-1 FORM BASED DISTRICTS — RSF-2 Downtown Core — RSF-0 Urban Thoroughfare RSF-) Main Street Center RSF-' Downtown G.he RSF-1' C...hity Service. RESIDENTIAL MULTIFAMILY Neighbodmood services Q -1 111111111 Neighbodi..d Conservation -112 PLANNED ZONING DISTRICTS ii Comnarcial, It — INS TUITIONAL -- �e INDUSTRIAL -1 Reavr comnemial na aLight maumal Planning Co mission 5, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 11 of 13 VAR-2020-000013 Osborne Ofc Bldg Close Up View 4 R�E-�VA I _NIGHTINGALE_ RSF-4 CIR �• 4 -REDWING CIR- L - ` Planning Area •-- L — I Fayetteville City Limits Design Overlay District Building Footprint — Regional Link Neighborhood Link — Regional Link - High Activity — — — Shared -Use Paved Trail C-1 I•, Z' W NN N, ``W� /, VANrASCHEDR--9' v�iu VAN ASCHE DR��> LU C /Q m JP� �0� w w CO) Subject Property Co 11DPIPER DR W f� 0 x 0 Z NORTH Residential -Agricultural RSF-4 C-1 Feet C-2 C-3 0 112.5 225 450 675 900 Urban Thoroughfare 1 inch = 300 feet P-1 Planning lwwaiai, 25, 2021 Agenda Item 9 VAR 20-000013 Osborne Page 12 of 13 Agenda Item 9 VAR 20-000013 Osborne Page 13 of 13 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0043 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 10. File Type: Agenda Item CCP-2020-000009: Concurrent Plat (NORTH OF 3234 OAKLAND ZION RD./VAN HORN, 218): Submitted by REID & ASSOCIATES, INC. for property located NORTH OF 3234 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 6.30 acres. The request is for the concurrent plat of 3 residential lots. Planner: Jessie Masters City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF ti FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Jessie Masters, Senior Planner MEETING: January 25, 2021 SUBJECT: CCP 2020-000009: Concurrent Plat (NORTH OF 3234 N. OAKLAND ZION RD./VAN HORN, 218): Submitted by REID & ASSOCIATES, INC. for property located NORTH OF 3234 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 6.40 acres. The request is for the concurrent plat of 3 residential lots. RECOMMENDATION: Staff recommends approval of CCP-2020-000009, with conditions. RECOMMENDED MOTION: "I move to approve CCP-2020-000009 determining: • In favor of recommended street improvements; • In favor of a street frontage variance for lots in the County; and • All other conditions of approval." BACKGROUND: The subject property is located on N. Oakland Zion Road, east of the City limits but within the Fayetteville Planning Area. The property contains one parcel, 001-15574-000, which contains approximately 6 acres. The property is currently undeveloped and does not have direct street frontage, but has access to N. Oakland Zion Road via easements. Surrounding land use and zoning is depicted on Table 1. Table 1: Surrounding Zoning and Land Use Direction Land Use Zoning North Rural/Single-Family Residential Washington County South Rural/Single-Family Residential Washington Count East Rural/Single-Family Residential Washington County West Rural/Single-Family Residential Washington Count Proposal: The applicant proposes to subdivide the property into 3 residential lots. The parent tract has exhausted the permitted number of administrative lot splits, requiring it to be re -platted. The property does not require any additional infrastructure improvements, which is why it is being reviewed as a concurrent plat rather than a preliminary plat/final plat. Water and Sewer System: The applicant is proposing well and septic with the proposed concurrent plat, and is not proposing to extend any water lines. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevidF--' f.W�, 2021 Fayetteville, AR 72701 Agenda Item 10 CCP 20-000009 Van Horn Page 1 of 11 Right-of-way to be dedicated: No right-of-way dedication is required with the proposal. The property does not have frontage on an existing or planned public street. Access and connectivity: The proposed lots have access to N. Oakland Zion Road through existing and additional proposed access easements. The applicant has requested a variance to the street frontage standards; given the 30-foot easement providing access to the proposed lots, staff recommends in favor. As a condition of this variance approval, however, staff recommends that the private driveway be paved for a minimum distance of 18 feet from the right-of-way to prevent track out of the existing gravel onto the public street, given the additional traffic. Street Improvements: Staff is not recommending any street improvements. Tree Preservation: N/A; the City of Fayetteville Tree Preservation Ordinance does not extend to property located within Washington County. Parkland Fees: N/A; the City of Fayetteville parkland dedication requirements do not extend to property located within Washington County. Public Comment: Staff received public comment following Subdivision Committee from the property owner to the west, who had concerns about the amount of traffic and added impact to the existing 10-foot gravel drive and 30-foot access easement. RECOMMENDATION: Staff recommends approval of CCP-2020-000009, with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements. Subdivision Committee recommended no additional street improvements. 2. Planning Commission determination of a variance from UDC 166.05(A)(3) to allow less than 75 feet of street frontage for three new lots in the County. Subdivision Committee recommended in favor of this variance, with the condition that the existing driveway be paved a distance of 18 feet from the existing right-of-way. 3. The applicant shall provide on the plat: a. Provide vacated easement documentation number; b. Remove unnecessary signature blocks. 4. All remaining comments from other City departments shall be addressed; 5. Washington County approval is required prior to recordation. Standard conditions of approval: 6. All lots shall be labeled with addresses as approved by the 911 Coordinator on the final plat (if applicable). Planning Commission January 25, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 2 of 11 7. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his/her representative, and all comments from utility representative: Black Hills Energy, AT&T, Ozarks, SWEPCO, Cox Communication). 8. 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. 9. Concurrent plat approval shall be valid for one calendar year. PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Approved O Denied Motion: Second: Note: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §166.05 - Required Infrastructure Improvements and Subdivision Regulations - Development In Planning Area • Engineering Memo • Applicant Cover Letter • Applicant Variance Request Letter • Site Plan • One Mile Map • Close Up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 3 of 11 166.05 - Required Infrastructure Improvements and Subdivision Regulations - Development In Planning Area (A) Required Infrastructure Improvements and Subdivision Regulations Outside the City. (1) Within 1 Mile of City Limits. On and off -site improvements and subdivision regulations for development outside the city limits and within one mile of the city are the same as for those developments within the city limits, with the exception of park land dedication requirement which is not required. (2) Beyond 1 Mile of City Limits. On- and off -site improvements and subdivision regulations for development outside 1 mile of the city limits shall meet Washington County standards. (3) All lots in the planning area shall have direct frontage to a public street, with the minimum frontage required by Washington County pursuant to residential lot and block standards. (B) Developments Outside City Developed to All Inside the City Standards. If the City Council grants access to the City's sewer system pursuant to §51.115. (C) and the owner/developer agrees to petition for annexation as soon as legally possible and develop the subdivision in accordance with all city development requirements including payment of all impact fees, the bulk and area requirements for this subdivision shall conform to those within the RSF-4 Zoning District or as otherwise designated by the City Council rather than those within the planning area. (Code 1965, App. A., Art. 8(11), App. C., Art. IV; Ord. No. 1747, 6-29-70; 1750, 7-6-70; Ord. No. 1999, 5-7-74; Code 1991, §§159.54, 160.120; Ord. No. 3925, §6, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4753, 9-6-05; Ord. No. 5215, 1-20-09; Ord. No. 5270, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5546, 12-04-12) Planning Commission January 25, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 4 of 11 CITY OF .FAYETTEVILLE PF ARKANSAS TO: Jessie Masters, Senior Planner FROM: Jonathan Ely, Development and Construction Manager DATE: January 13, 2021 SUBJECT: Planning Commission Engineering Comments for CCP-2020-000009 — Concurrent Plat for Van Horn Plat Comments: STAFF MEMO The subject property is located outside the city limits, but within the Fayetteville Planning Area, and also within the Fayetteville Water Service boundary. Since the property is outside city limits, it is not allowed access to sanitary sewer, therefore other means of sanitary sewer disposal will be required such as individual septic system(s) permitted by the Washington County Health Department. While the properties are allowed to hook up to Fayetteville water, the new lots are too far away from existing mains to require a main extension at this time. Therefore, notes have been added to the plat documenting "Tract A, B & C do not have access to City of Fayetteville Water. If a connection to Fayetteville Water is desired, it will be at the property owners' expense for a water main extension and easement acquisition". Alternatively, the property owners may also install a well on the property if desired. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetFAQ l�gzP.RJQCNssion January 25, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 5 of 11 ARA December 16, 2020 City of FayettevirIe planning & Engineering 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Concurrent Plat -- Van Horn Su IndFvision DEra r Pia nners, Alan Reid & ASSMATES P=4LjFFssIr,`111L LANiJ SURIT. YI Fv On behalf of mycl'ient, David Van Horn, I am submitting for your review a proposed Concurrent Plat of land parcel 001-15574-000. The property lies outside the city limits but with in the planning area and contains 6.40 acres. My client wou Id be dividingthe tract into three (3) pare els of 2.00, 2.61 and 1.79 acres. The property does not have frontage on a publ is streeVroad but is connected to Oa kWnd-Zion Road via several recorded easements. An addFtiona130 foot wide easement will be jointly dedicated by Mr. Van Horn and the two adjoining neighbors to i nsure access to all three tracts. The property is currently zoned AG/RES-1. If you have any questions, please feel free to call me at my office, B s regards,, /J1, - • `.) Ali Reid Piofessiona I Land Su rveyor Arkansas Registration 1005 479.444.8784 118 P. CnIIPJP Ave^. F-Ftt3ville 1Lkwmrvs 727D1 4;!9'144 S-Y8: araziirm4 ylrviVSJIv, ilot:al.rkat. Planning Commission January 25, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 6 of 11 6 in & ASSOCIATES PROFESSIONAL LAND SURVEYORS January 10, 2021 City of Fayetteville Planning Commission 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Concurrent Plat - Van Horn Subdivision Dear Chairperson, On behalf of my client, David Van Horn, I am s u bmitti ng for you r review, a proposed variance from the street frontage requirement for a Concurrent Plat of land parcel 00 1-155 74-000. The property, lies outside the city Iimits but within the planning area and costa i ns 6.40 acres. My client would be d ivid i ng the 6.40 acre tract into th ree (3) parcels of 2.00, 2.61 and 1.79 acres. The 6.40 acre tract has access to Oakland - Zion Road via several recorded easements. An additional 30 foot wide easement will be jointly dedicated by Mr. Van Horn and the two adjoining neighbors, which will extend the access to all three tracts. The property is currently zoned AG/RES-1. Best regards, . L.- S�) . A an Reid Professional Land Surveyor Arkansas Registration 1005 479.444.8784 Planning Commission January 25, 2021 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveyingPsbcg€obOodiRisem 10 CCP 20-000009 Van Horn Page 7 of 11 9Q g • � �a -as�n1 W✓ ( —ln)-� - o zu aQ< lz z I 3 - Z _ aO�w3 ww w� LLJ l Ci x O O z 3 cwi 'z 0 3 m a Ww J r. O. i. h 0 0+ m 3 a �z 'e- too Ee Ig w w fi E RM Z. El za. o05 aEE N EE Egg o p� i arc II uu,5� o� p " aw rcp u a_ WO A Z. �rc NLET o 5° Zo'ps i,�, u,"LLaa Commission ary 25, 2021 --nda Item 10 09 Van Horn Page 8 of 11 CCP-2020-000009 Van Horn One Mile View NORTH 0 0.125 0.25 0.5 Miles 0 Ir z N z Q J Y O z ■ Subject Property z 0 N z Q J Y ---� 0 ■ z R-A i E SKILLERN RD WC RSF-4 536' — + E SKILLERN RD Zoning � 42 Geneml InUuatnal ,--- RESIDENTIAL SINGLE-FAMILY EXTRACTION _ - - NS-G E-1 RI-U COMMERCIAL RI-12 ReaiUentlal-0Mce � NSL C-1 RaaiEantlal-Agn.1-1 � C-2 Planning Area RSF:;' �`' .M _ FORM BASED DISTRICTS RSF-2 D°wntown Care i Fayetteville City Limits RsF U�ar"°m°gb'am Y Y Mein 9Veel Ganlar RSF-8 Davmtovm General RSF-18 �Cammunty Services Neighborhood Link RESIDENTIAL MULTI -FAMILY Neigbbemeea Servi.a Q -1 IIIIIIIIIN,ighb,mooa C-,,—Ion �RMF-18 PLANNED ZONING DISTRICTS A Planned Neighborhood Link - - - - - - - - - - � Cemmemial, l°U—L ReaiUen�lal Planning Area -- �RM124 INSTITUTIONAL ■ Planned Residential Link a-, NDUSTRAL Fayetteville City Limits _ �j 41 NeavyCam.e .Iand.gbllndu ,.i Planning Co mission 5, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 9 of 11 CCP-2020-000009 Van Horn Close Up View C Z 0 I BRIDGEWATER LN MINT,BLVD �- - -� Planning Area Building Footprint Feet Neighborhood Link Planned Neighborhood Link 0 180 360 720 1,080 ■ ■ Planned Residential Link 1 inch = 500 feet 1,440 Planning Co mission 5, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 10 of 11 CCP-2020-000009 Van Horn Current Land Use AIL r'' + Single -Family Residential/ j+ Y. Agricultural Ilk Single -Family . Residential A 14 W� �+>< _ y Single -Family Residential/ - Agricultural I NORTH r `•L..;�.. Vie, Ik fkV IL ,. Subject Property Single -Family Residential Feet 0 112.5 225 450 675 900 1 inch = 300 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission 5, 2021 Agenda Item 10 CCP 20-000009 Van Horn Page 11 of 11 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0044 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 11. File Type: Agenda Item LSD-2020-000016: Large Scale Development (1800 N. PORTER RD./FAYETTEVILLE POLICE HQ & FIRE STATION, 364): Submitted by OLLSON ENGINEERING, INC. for property located at 1800 N. PORTER RD. The property is zoned P-1, INSTITUTIONAL and contains approximately 11.60 acres. The request is for police department buildings with 82,630 square feet and a fire station with 7,322 square feet and associated parking for both. Planner: Jonathan Curth City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Services Director Jonathan Ely, Development and Construction Manager Melissa Evans, Urban Forester MEETING: January 25, 2021 SUBJECT: LSD 2020-000016: Large Scale Development (1800 N. PORTER RD./FAYETTEVILLE POLICE DEPT. HEADQUARTERS & FIRE STATION, 364): Submitted by OLSSON ENGINEERING, INC. for property located at 1800 N. PORTER RD. The property is zoned P1, INSTITUTIONAL and contains approximately 11.60 acres. The request is for police department buildings with a combined 82,630 square feet and fire station with 7,322 square feet with associated parking for both. RECOMMENDATION: Staff recommends approving LSD-2020-000016, with conditions. RECOMMENDED MOTION: "I move to approve LSD-2020-000016, recommending: • In favor of staff recommended street improvements; • In favor of the requested parking space maximum variance; • In favor of the requested parking lot design variances; and • In favor of all other conditions as recommended by staff." BACKGROUND: The subject property includes 11.60 acres of undeveloped land northeast of Deane Street's intersection with Porter Road, approximately '/2 mile north of Wedington Drive. Although owned by the University of Arkansas for decades, the property's use in association with the school and its agricultural programs is limited. In April of 2019, Fayetteville voters approved a sales tax bond package worth up to $226,065,000, including $36,965,000 for land acquisition and construction of a new Police Department headquarters. In November of 2019, the City acquired the subject property for construction of the new police headquarters and a fire station. Subsequently, a rezoning of the property from R-A, Residential Agricultural, to P-1, Institutional, was approved by City Council in October of 2020. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North U of A Agricultural Farm R-A, Residential Agricultural South Mixed -density Residential RMF-24, Residential Multi -family, 24 Units per Acre; RSF-4, Residential Single-family, 4 Units per Acre East U of A Agricultural Farm R-A, Residential Agricultural West Single-family Residential; CS, Community Services; Church R-A, Residential Agricultural Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 1 of 34 Proposal. The applicant requests large scale development approval for construction of the Fayetteville Police Department Headquarters and Fayetteville Fire Department Station #8. The fire station will be located on the southeast corner of the property and the police headquarters will occupy the middle and northern portions. Open space, a future building location, and detention facilities are located along Deane Street and at the intersection of Deane and Porter. Access to the property is by way of three curb cuts: one for the fire station to Deane in the southeast, a shared police/fire driveway just west of the fire station, and access to the police station from Porter to the northwest. As a part of this proposal, the applicant has submitted a request for three variances from the Unified Development Code's parking and parking lot standards. These are outlined below alongside staff's recommendations: §172.04, Parking Lot Design Standards. To create safe traffic speeds in to and out of parking lots and minimize the impact of vehicular driveways on pedestrians, the Unified Development Code permits driveway curb radii of 20 feet on high volume streets and a two-way driveway width of 24-foot. As proposed, the project includes an entrance and exit to the fire station with curb radii of 30 feet and a two-way driveway entrance of 39-foot. The applicant asserts that this is necessary for two primary reasons. First, Deane Street's current and proposed 2-lane width does not allow for the wide turning movements of many emergency vehicles. Where Fire Station #9 on School Avenue was recently approved with 20-foot curb radii, this was possible due to School's 4-lane width and the sweeping turn this allows. Second, and directly tied to the previous point, response times are of the utmost importance. With the anticipated truck sizes for this station, including a 65-foot articulated truck, a wider driveway is critical to effective deployment. Where the two 10-foot driving lanes allowed by ordinance readily support personal vehicles, this does not extend to larger vehicles, and certainly not those providing emergency service. o Staff recommendation: Staff supports the requested variances, agreeing with the applicant's assessment and finding that the proposed use of the property in conjunction with adjacent street design necessitates exceptions to ordinance to provide efficient emergency service. §172.05, Standards for the Number of Parking Spaces by Use. To prevent an over- supply of parking along with associated drainage and urban heat island effects, Fayetteville's parking standards include parking maximums for nonresidential developments. This includes institutional uses, for which the police and fire stations are permitted one space per 500-square feet of building floor area. This results in 181 permitted parking spaces. Ordinance includes allowances to increase the amount of by -right parking with incorporation of low -impact development features and additional tree plantings. Taken together, these permit 235 parking spaces. The applicant proposes 324, an increase of 89 beyond ordinance allowances. Allowed Parking (1/500 SF): 181 +15% by -right +10% LID features +5% with additional trees Allowed parking with allowances: 235 Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 2 of 34 Proposed parking: 324 Difference subject to variance: 89 In their request (attached), the applicant asserts that the additional parking is necessary to facilitate the unique aspects of police station vehicle use, with an emphasis on shift changes. o Staff recommendation: Staff supports the requested variance to the number of proposed parking spaces. In considering the proposal, staff determined that meeting the letter of the ordinance can restrict the safe and efficient movements of officers, administrative staff, and the public to -and - from the site. In addition to preventing an over -supply of parking, development codes are also intended to provide adequate parking, which is infeasible under current standards. In addition to Fayetteville Police Department staff, the new police headquarters will offer parking that is available to the public and regional law enforcement for outreach and training. Additionally, these facilities also include administrative staff and their associated vehicles. Lastly, fleet vehicles are kept on site when not on patrol, and during shift change, there is surge of traffic where on -duty officers and their vehicles, off -duty officers and their vehicles, and patrol cars are all on the property and in transition. Without adequate public and secure parking options, staff contends that the facility cannot function effectively, which, as an emergency service, is critical to staff and the residents at -large. Building and/or Site Design: Given the underlying P-1 zoning district and institutional use, the buildings' designs are not subject to standards or requirements of the Unified Development Code. These have been attached for informational purposes. Adjacent Streets and Rights -of -Way: This property has direct access to two existing streets, Deane Street and Porter Road, both of which are classified as Neighborhood Links with associated access management limitations. Right -of -Way to be Dedicated: No right-of-way dedication is recommended. Street design and construction, along with any necessary right-of-way dedication, will be completed in association with the Midtown Corridor project which takes a comprehensive approach to vehicle and pedestrian street improvements along the subject property's Porter and Deane frontages, and beyond. Street Improvements: None recommended. As noted above, street improvements are being developed in association with the Midtown Corridor project and with consideration for the uses proposed on this site. Water and Sewer System: Public water and sewer lines are available to the site. The applicant proposes to extend a new 8-inch water main through the property, generally paralleling the exterior driveway, and looped between Deane and Porter. Tree Preservation: Canopy minimum requirement: 25% Existing canopy: 0.0% Preserved canopy: Not applicable Mitigation required: None Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 3 of 34 Parkland Dedication or Fees In -lieu: Not applicable for non-residential development. Public Comment: Staff has not received any public comment about the request. Public comment was previously received by City Council regarding the location of the project and policing policies. RECOMMENDATION: Staff recommends approval of LSD-2020-000016, with the following conditions. Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends no street improvements with these municipal facilities. Improvements to both Deane and Porter are occurring with the Midtown Corridor project; Subdivision Committee recommended in favor of street improvements. 2. Planning Commissioner determination of a variance of Fayetteville Unified Development Code §172.05, Standards for the Number of Parking Spaces by Use, to allow 89 parking spaces more than the 235 permitted. Staff recommends approval of the requested variance for the reasons outlined above; Subdivision Committee recommended in favor of the variance. 3. Planning Commissioner determination of a variance of Fayetteville Unified Development Code §172.04, Parking Lot Design Standards, to allow driveway curb radii of 30-foot where 20-foot is allowed. Staff recommends approval of the requested variance for the reasons outlined above; This variance was not requested at the time of Subdivision Committee hearing 4. Planning Commissioner determination of a variance of Fayetteville Unified Development Code §172.04, Parking Lot Design Standards, to allow a 39-foot, 2-way driveway where 24-foot is allowed. Staff recommends approval of the requested variance for the reasons outlined above; This variance was not requested at the time of Subdivision Committee hearing 5. The proposed shed(s) and generator proposed within the setback of the east property line shall be under 10-foot in height for eligibility under §164.02 for a reduced setback. If over 10-foot in height, these structures shall observe the underlying P-1 zoning setback; 6. Coordinate with the GIS Division at tiorgensen(_)fayetteville-ar.gov regarding remaining legal description comments. The fourth and fifth linear measurements appear to be listed as `East' where `West' is appropriate; 7. Per the Fire Marshal's Office, please be advised that: a. All areas not designated as parking spaces shall be identified as "No Parking Fire Lane" following the requirements listed in Chapter 5, Section 503.3 & Appendix D in the IFC 2012; and b. 503.3 Marking. Approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 4 of 34 roads to identify such roads or prohibit the obstruction thereof. This means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Signs shall be located at each end of the painted curb, and additionally in between so that the maximum separation between the signs is 100 feet (30m) as measured along the centerline of the dire apparatus road. 8. Conditions of approval from Engineering, Urban Forestry, and Parks Department are included in the official conditions of approval, attached hereto; Standard conditions of approval: 9. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance; 10. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: Black Hills, AT&T, Ozarks, SWEPCO, and Cox Communications); 11. 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; 12. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets are required for review and approval prior to issuance of a building permit; 13. All freestanding and wall signs shall comply with ordinance specifications for location, 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 1-540 Design Overlay District; 14. Large scale development shall be valid for one calendar year; 15. Contact the City's Emergency 911 Address Coordinator for addressing prior to building permit. The coordinator has noted that any and all new structures will require addressing action and that no existing addresses may be used; 16. 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 (bond/letter 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; and 17. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits; b. Separate easement plat for this project that shall include the tree preservation area and all utility and access easements; c. Exterior lighting package must be provided to the Planning Division; d. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance; Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 5 of 34 e. Project Disk with all final revisions; and f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "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. PLANNING COMMISSION ACTION: Required YES Date: January 25, 2021 O Tabled O Approved O Denied IMotion: (Second: BUDGET/STAFF IMPACT: None Attachments: • Unified Developed Code: o §172.04, Parking Lot Design Standards o §172.05, Standard for Number of Parking Spaces by Use • City Engineering comments • Urban Forestry comments • Request Letter • Variance Letter • Site Plans • Elevations • One Mile Map • Close-up Map • Current Land Use Map Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 6 of 34 172.04 - Parking Lot Design Standards (A) Maneuvering. Parking lots shall be designated, maintained, and regulated so that no parking or maneuvering incidental to parking will encroach into the areas designated for sidewalks, streets, or required landscaping. Parking lots shall be designed so that parking and un-parking can occur without moving other vehicles, unless a valet service has been approved as part of the development plans. Vehicles shall exit the parking lot in a forward motion. (4) Entrances and Internal Aisle Design for Parking Lots Containing Nine (9) or More Parking Spaces. The driveway width into parking lots shall meet the following requirements: (a) Entrances. (i) One -Way Access to Parking Lots. If the driveway is a one-way in or one-way out, then the driveway width shall be a minimum of 12 feet and a maximum of 16 feet. (ii) Two -Way Access to Parking Lots. For two (2) way access, the driveway width shall be a minimum 20 feet and a maximum width of 24 feet, unless otherwise required by the Fire Department. (iii) Neighborhood and Regional Links. Driveways that enter neighborhood and regional link streets may be required to have two (2) outbound lanes (one (1) for each turning direction) and one (1) inbound lane for a maximum total driveway width of 39 feet. (iv) Effective Curb Radius. All driveways serving nine (9) or more parking spaces shall have an effective curb radius of 15 feet for curb cuts on residential link streets and an effective curb cut radius of 20 feet for neighborhood and regional link streets. (b) Internal Aisle Design. (i) Aisles shall be designed so that they intersect at 90 degrees with other aisles and driveways where practical. (ii) Aisles shall be designed to discourage cut -through traffic by use of landscape islands, and shall meet the requirements of Chapter 177: Landscape Regulations. (iii) Aisles shall conform to the dimensional requirements of §172.04(C). [Parking Lots With Nine (9) Spaces or More One Way Access [Two Way Access [Neighborhood/Regional Link Driveway Dimensional Requirement 12 feet Minimum - 16 feet Maximum 2 Drive Lanes 10 feet Minimum Each - 24 feet Maximum Total Driveway Width 3 Drive Lanes - Maximum of 39 feet Effective Curb Radius - Residential Link 15 feet Effective Curb Radius - 20 feet Neighborhood/Regional Link (Ord. No. 4725, 7-19-05; Ord. No. 4855, 4-18-06; Ord. No. 4917, 9-05-06; Ord. No. 5044, 8-07-07; Ord. No. 5079, 11-20-07; Ord. No. 5297, 12-15-09; Ord. No. 5592, 06-18-13; Ord. No. 5680, 4-15-14; Ord. No. 5841 , §§1-3, 1-5- 16; Ord. No. 5859 , §2, 3-15-16; Ord. No. 6325 , §1, 6-16-2020; Ord. No. 6350 , §9(Exh. G), 8-18-2020) Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 7 of 34 172.05 - Standards For The Number Of Spaces By Use (A) Required Parking. (1) Non -Residential Use. There shall be no minimum number of spaces required for non-residential use. The maximum number of spaces shall be limited based on the ratios in Table 3 and the allowable increases over the baseline ratio as described in subsection 172.05. The applicant shall provide a statement or parking analysis indicating how they will provide adequate parking for the proposed non-residential use to succeed without negatively impacting adjacent properties or creating or compounding a dangerous traffic condition. (3) Maximum Number Allowed for Residential and Non -Residential Uses. Residential and non-residential developments may utilize the following increases to the required spaces listed in Table 3 when the following standards are met: (a) Developments may increase the number of off-street parking spaces by 15% above the parking ratios listed in Table 3. (b) Developments may increase the number of off-street parking spaces by an additional 10% when alternative stormwater treatment techniques are utilized, such as: (i) Bioswales (ii) Constructed wetlands (iii) Pervious pavement (iv) Other such techniques that aid in improving water quality and quantity as approved by the City Engineer (c) Developments may increase the number of off-street parking spaces by an additional 5% when one (1), 2-inch caliper tree for every ten (10) additional parking spaces is planted on -site in addition to all other landscaping requirements. (4) Parking Ratio Calculation. The number of spaces required for a use not specifically included in Table 3 shall be as required for the most similar use listed or as otherwise determined by the City Planning Division utilizing industry standards. For all parking space requirements resulting in a fraction, the fraction shall be: (a) Rounded to the next higher whole number when the fraction is 0.5 or higher. (b) Rounded to the next lower whole number when the fraction is less than 0.5. (5) On -Street Parking. Each permitted on -street parking space adjacent to a project frontage may count toward the parking requirements for all development. The approval of on -street parking is subject to approval by the Zoning and Development Administrator. (6) Motorcycle and Scooter Parking. One (1) Motorcycle and scooter parking. In parking lots containing twenty- five (25) parking spaces or more, one (1) space for every twenty-five (25) parking spaces of the required number of parking spaces for a use or combination of uses shall be striped as a motorcycle and scooter parking space. (7) Increases or reductions in excess of those identified herein shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03 TABLE 3 PARKING RATIOS (Use/Required Spaces) Public and Institutional Uses Nonprofit Commercial Government facilities 1 per 500 square feet of floor area (Ord. No. 4567, 05-04-04; Ord. No. 4930, 10-03-06; Ord. No. 5118, 3-18-08; Ord. No. 5297, 12-15-09; Ord. No. 5435, 8-16-11; Ord. No. 5801 , §1(Exh. A), 10-6-15) Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 8 of 34 CITY OF FAYETTEVILLE 94ff ARKANSAS TO: Jonathan Curth, Development Review Manager FROM: Jonathan Ely, Development and Construction Manager DATE: January 20, 2021 SUBJECT: Planning Commission Engineering Comments for LSD-2020-000016 Police Headquarters and Fire Station STAFF MEMO Plan Comments: 1. Street and sidewalk improvements shown to Deane and Porter were not reviewed as a part of this project, as those will be constructed as a part of the Mid Town Corridor project. 2. Cut slope and retaining wall along the west side of the Fire Station site appears to encroach into the required grading setback per UDC 169.06 exhibits. Either the retaining wall must be moved back to comply with setbacks, or permission granted from the adjacent property owner to place the retaining wall so close to the property line. Drainage Information: 1. The proposed drainage infrastructure for the site consists of an underground storm drain and pipe network connected by inlets around the site. This conveys runoff from the site to a proprietary water quality device that removes total suspended solids in accordance with requirements of the drainage criteria manual. Stormwater then flows into a dry detention pond where it is stored and released at rates below that of predevelopment levels. This approach meets all 4 minimum drainage standards. Standard Comments: 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based on the proposed meter size and will be charged at the time of meter set. 3. Note, the following portions of all projects will typically not be reviewed by the Engineering Division until time of construction -level review (unless specifically requested at plat review): o Storm Sewer pipe/inlet sizing, gutter spread, profiles, or utility conflicts o Sanitary Sewer pipe sizing, profiles, or utility conflicts o Waterline fittings, callouts, or utility conflicts Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetiFAgni@gd'r.4�ission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 9 of 34 URBAN FORESTRY TREE PRESERVATION COMMENTS CITY OF FAYETTEVILLE ARKANSAS To: Wade Abernathy, City of Fayetteville and Olsson From: Melissa Evans, Urban Forestry CC: Jessie Masters, Senior Planner Meeting Date: January 25, 2021 Subject: LSD 2020-000016; 1800 N Porter RD. (Police HQ and Fire Station) 1. Submittal Requirements Yes Initial Review with the Urban Forester X Site Analysis Map Submitted (if justification is needed) Site Analysis Written Report Submitted (justification is needed) Complete Tree Preservation Plan Submitted X Tree Mitigation Table on Plans X Tree Preservation Wavier Submitted (only use if no trees onsite or near P/L) 2. Tree Preservation Calculations No N/A X X x Tree Preservation Calculations Square Feet Percent of site Total Site Area *Minus Right of Way and Easements 499,279 100% Zoning Designation * Select Below with drop down arrow P-1, Institutional 124,820 25% HHOD * Select Below with Drop Down Arrow No 0 0% Total Canopy for Minimum Preservation Requirements 124,820 25.0% Existing Tree Canopy * Minus Right of Way and Easements 0 0.0% Tree Canopy Preserved 0 0.0% Tree Canopy Removed *On Site 0 0.0% Tree Canopy Removed *Off Site 0 Tree Canopy Removed Total 0 0.0% Removed Below Minimum 124,820 Mitigation Requirements 0 3. Mitigation Requirements High Priority Mid Priority Low Priority Total Mitigation Trees Required Canopy below Number of 2" caliper requirement trees to be planted 0 0 0 0 0 0 0 0 Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 10 of 34 4. Mitigation Type On -Site Mitigation Off -Site Mitigation Tree Escrow (See Conditions of Approval) 5. Tree Preservation Plan Checklist UDC Chapter 167.04H1 a. 5 year Aerial Check on Existing Trees b. Property Boundary c. Natural Features (100ft beyond limits of disturbance) d. Existing Topography and Proposed Grading e. Soil Types f. Significant Trees g. Groupings of Trees h. Table Inventory List (species, size, health, priority) i. All Existing and Proposed Utilities j. All Existing and Proposed Utility Easements and ROW's k. All Streams (with approximate center line) I. Floodplains and floodways m. Existing Street, Sidewalk or Bike Path ROW n. Submitted Site Analysis Plan (if required) o. Shows ALL Proposed Site Improvements p. Delineates trees/canopy to be preserved and removed Tree Protection Methods a. Tree Protection Fencing b. Limits of Root Pruning c. Traffic flow on work site d. Location of material storage e. Location of concrete wash out f. Location of construction entrance/exit 6. Site Analysis Report (if required) UDC Chapter 167.04H4 a. Provide graphic examples of multiple options used to minimize removal of existing canopy b. Submitted Analysis Statement — Note the process, iterations, and approaches to preserve canopy. Yes No N/A x X X Tech Subdivision Planning Plat Committee Commission Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A N/A Yes Yes Yes N/A N/A N/A Yes Yes Yes Yes Yes Yes No Yes Yes N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A No No N/A No No Yes No N/A In R Planning Commission ` January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 11 of 34 Review Status (See Comments) Conditionally Approved Approved Tabled Denied Comments Tech P Subdivision Committee 12-21-2020 01-11-21 Address items above marked "No," and all Redlines provided. Planning Commission 01-20-21 Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 12 of 34 l� CITY OF FAYETTEVILLE ARKANSAS URBAN FORESTRY LANDSCAPE PLAN COMMENTS To: Wade Abernathy, City of Fayetteville and Olsson From: Melissa Evans, Urban Forestry CC: Jessie Masters, Senior Planner Meeting Date: January 25, 2021 Subject: LSD 2020-000016; 1800 N Porter RD. (Police HQ and Fire Station) 1. General Landscape Plan Checklist Yes No N/A a. Irrigation (notes either automatic or hose bib 100' o.c.) X UDC Chapter 177.03C7g, 177.04B3a b. Species of plant material identified X UDC Chapter 177.03C7d,e c. Size of plant material (minimum size 2" caliper for trees and 3 gal. shrubs) X UDC Chapter 177.03C7b,c d. Soil amendments notes include that soil is amended and sod removed X UDC Chapter 177.03C6b e. Mulch notes indicate organic mulching around trees and within landscape beds X UDC Chapter 177.03C6c,d f. LSD, LSIP, and Subdivisions (PPL & FPL) plans stamped by a licensed X Landscape Architect, others by Landscape Designer UDC Chapter 177.03B g. Planting bed contained by edging X UDC Chapter 177.03C6f h. Planting details according to Fayetteville's Landscape Manual X UDC Chapter 177.03C6g i. Provide information about 3-Year Maintenance plan. The owner shall deposit X with the City of Fayetteville a surety for approved landscape estimate. UDC Chapter 177.05 A2g 2. Parking Lot Requirements 1 Tree : 12 Parking Spaces Yes No N/A a. Wheel Stops/Curbs X UDC Chapter 177.04B1 Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 13 of 34 b. Narrow Tree Lawn (8' min. width, 37.5' length) X UDC Chapter 177.04C c. Tree Island (8' min. width, 18.7' min length OR 150 square feet) X UDC Chapter 177.04C d. Placement of Trees (either side at entrances and exits) X UDC Chapter 177.04C2 3. Perimeter Landscaping Requirements Yes No N/A a. Front Property Line (15' wide landscape) and five on sides. X UDC Chapter 177.04D2a b. Side and Rear Property Lines (5' Wide Landscape Area) Yes UDC Chapter 177D1 c. Shade trees planted on south and west sides of parking lots X UDC Chapter 177.04D2e d. Screening of parking lot from adjacent residential properties. X 4. Street Tree Planting Requirements Yes No N/A a. Residential Subdivisions X 1 Large Shade Species Tree per Lot UDC Chapter 177.05B 1 a b. Non -Residential Subdivisions X 1 Large Species Shade Tree every 30' (planted in greenspace) UDC Chapter 177.05B2a c. Urban Tree Well — Urban Streetscapes X Trees every 30' (8' sidewalk) UDC Chapter 177.05B3a-f d. Structured Soil — Urban Tree Wells X Include a note and/or detail of structural soil on Landscape Plan UDC Chapter 177.05B3a-f e. Residential Subdivisions X Timing of planting indicated on plans UDC Chapter 177.05A4 f. Residential Subdivisions X Written description for method of tracking planting UDC Chapter 177.05A4e 2 Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 14 of 34 5. Landscape Requirement Totals Mitigation Trees Parking Lot Trees Street Trees Detention Pond — Large Trees (1 Tree/3,000 square feet) Detention Pond — Small Tree/Large Shrub (4 small trees or large shrubs/3,000 square feet) Detention Pond — Small Shrubs/Large Grasses (6 shrubs or grasses (1 gallon)/3,000 square feet) 6. Review Status (See Comments) Conditionally Approved Approved Tabled Denied Amount 0 23+ Police + 2 Fire 34 Police + 5 Fire 8 32 48 ch Plat Subdivision Planning 9Committee Commission 12-21-2020 01-11-21 _ 01-20-21 Comments 1. Address items above marked "No," and all Redlines provided. 2. There are more than 12 spaces along Porter Road; an extra bump -out is required. This is part of a different project for the street. 3. The soft surface trail west of the firing range may not be necessary and is being discussed with other City staff; we will keep you posted on the status. 3 Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 15 of 34 LSD-2020-000016 Request Letter Mr. Andrew Harrison City Planning 113 W Mountain Street Fayetteville, Arkansas 72701 Re: Large Scale Development Application Fayetteville Police Department HQ and Fire Station No. 8 Dear Mr. Harrison: olssory December 16. 2020 Enclosed you will find the submittal for the Large Scale Development (LSD) for the above reference project. The following are included with this submittal. • A copy of the Washington County Parcel Map ■ One (1) digital copy of the LSD set • One (1) digital copy of the Color Elevations and Material Sample Board o Police Headquarters Buildings o Fire Station No. 8 ■ One (1) digital copy of the Preliminary Drainage Report ■ One (1) digital copy of the Signed Owner Authorization Form • One (1) digital copy of the Fire Technical Plat Review Sheet o Police Headquarters Buildings o Fire Station No. 8 The purpose of this project is to design and construct the Fayetteville Police Department Headquarters Facilities and a Fire Substation at the corner of North Porter Road and West Deane Street to the expand the resources of the City's Police and Fire Departments. In addition to the structures themself, the project includes a detention pond and hydrodynamic separator to meet the City's drainage requirements. Finally, a variance will be sought to allow for the additional parking shown on the site. The additional parking shown is for the fleet vehicles for the Police Department shown in the secured area of the site. The parking was designed to allow for the most heavily utilized period during shift change when there is often 3 vehicles parked for every 2 officers (personal cars for incoming and out going officers and the patrol vehicle). If you have any questions or need any additional information, please do not hesitate to contact me. CBB:cbb enclosures Sincerely, toe Christopher B. Brackett, P,E, Senior Engineer 302 E. Millsap Road 1 Fayetteville, PAI Pkyommission January 25, 2021 0 479.443.3404 1 olsson.A90hda Item 11 LSD 20-000016 Fay. PD & FD Page 16 of 34 LSD-2020-000016 Variance olsson� Request Letter January18, 2021 Mr. Matthew Johnson Fayetteville Planning Commission 113 W Mountain Street Fayetteville, Arkansas 72701 Re: Variance Request for LSD-2020-000016 Fayetteville Police Department HQ and Fire Station No. 8 Dear Mr. Chairman: We are requesting three variances for this site. A variance of the Parking Ordinance (Fayetteville UDC 172.05) is requested for the Fayetteville Police Department Headquarters and Fire Station No. 8 LSD. I will refer you to the Parking Table on Sheet C1.0 of LSD-2020-000016 for the required and proposed parking numbers for this site. These table show that using the Government Facility use classification of one space per five hundred square feet of floor area a maximum of 235 spaces is allowed. The current plan for LSD-2020-000016 includes 324 spaces. The additional 89 spaces are requested due to the need for fleet parking within the secured area of the site. The most utilized period for the secured parking is expected to be during shift change when we expect to have 3 vehicles for every two officers (two personal vehicles and one patrol vehicle). The additional 89 spaces are needed for the multiple times a day that this will occur. Two variances of the Parking Lot Design Standards (Fayetteville UDC 172.04) are also requested. The driveway width for the fire station egress is expanded from the maximum 24' to 39'. The curb radii for the entrance and exit to the fire station are also increased from a maximum of 20' to 30'. There are two reasons these variances are being requested. The first reason is the nature of the emergency response facilitated by this drive. Response times are targeted from 4-6 minutes, i.e. from the time the alarm goes off to the time they arrive on site. Every second counts in this response in order to catch a fire before it spreads too much to be contained. It is not uncommon for the truck to hit the overhead door because the driver rushed out before the door was complete open. It is not reasonable to add turning movements to their exits in order to neck down the short driveway to 24 feet or restrict the turning movement with a smaller curb radii. The second reason is the physical properties of the trucks. The current stations are planned for a large articulating truck and a shorter truck. The longer truck (approximately 65' in length) would scarcely be all of the way out of the bay before it has to turn onto the street. Obviously the driver needs to be able to pull straight out and onto the street. The smaller truck is set to back into the second bay. Taken together, these are large unwieldy trucks that are moving quite quickly in an emergency and therefore the 39' opening and 30' curb radii are appropriate for the efficient deployment of these trucks. We could make a comparison to Fire Station #9 (South School). For that property, a 37' wide driveway was sought with 20' curb radii. The difference was that South School is a 4 lane road whereas Deane is has just a 3 lane section. The lane limitations at this site require a 30' curb radius. 302 E. Millsap Road / Fayetteville, APqryN09 Commission January 25, 2021 O 479.443.3404 / olsson.cwBenda Item 11 LSD 20-000016 Fay. PD & FD Page 17 of 34 We appreciate your consideration of these variances, please do not hesitate to contact me if you have any questions or concerns. CBB:mes enclosures Sincerely, I� Christopher B. Brackett, P.E. Senior Engineer Planning Commission January 25, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 18 of 34 z°leoe; veeuieu33-w:neolouy�al tY°16[°1 vo .. 33 1N3UYlUVd3a evrr letrl vaaweu3 uonlo:edmsauo� - _6-) ay,dyayeMya�o=alys ,�yd 30110d 31IIA3113AV=l O OHIO ......... ... 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PD & FD Page 30 of 34 �a ie 33w:neow 4 3a3H SS3H0atl H31N3 w ZIL 1N3W121�dd3d �o , , a„o adoa.ao wslztel yaawav uaui6iN, �uae o�naquue :�=�a v a - e� 3311Od 31IIA3113AV=l alp alp 1 &1 �R Planning Com fission January 2 , 2021 Aaenda I em 11 3MM-Far. PD & FD Page 31 of 34 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 32 of 34 ssion 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 33 of 34 LSD-2020-000016 Fayetteville Police & Fire A& Current Land Use NORTH I IT 65 O� Institutional . f ` ' Single -Family Residential ^� HECK ST' Subject Property r ..k w UJI Religious Q �. - ��_ s, x 'k UJI / I O p ia. Illh ilk DEANE STLU '." r i f - - Mixed -Density Residential _ T 'LU SYCAMORE ST U)d `Q _.T``— 00K-DR-Z !' Z: .. -� UJ . r _01 �HOUSTOWS Shared Use Paved Trail I M, Trail (Proposed) Planning Area L _ Fayetteville City Limits Feet j _ I Design Overlay District Neighborhood Link 0 112.5 225 450 675 900 Institutional Master Plan 1 inch = 300 feet Freeway/Expressway FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning Co mission 5, 2021 Agenda Item 11 LSD 20-000016 Fay. PD & FD Page 34 of 34 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 e (479)575-8323 Text File File Number: 2021-0040 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 12. File Type: Agenda Item RZN-2020-000027: Rezone (1673 & 1675 N. FLORENE ST./HERMEZ-HERNANDEZ, 401): Submitted by ADRIANA HERMEZ for property located at 1673 & 1675 N. FLORENE ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.30 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. Planner: Ryan Umberger City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE VAP W, ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Ryan Umberger, Planner MEETING DATE: January 25, 2021 SUBJECT: RZN-2020-000027: Rezone (1673 & 1675 N. FLORENE ST./HERMEZ- HERNANDEZ, 401): Submitted by ADRIANA HERMEZ for property located at 1673 & 1675 N. FLORENE ST. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 0.30 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2020-000027 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: 1 move to forward RZN-2020-000027 to the City council with a recommendation for approval." BACKGROUND: The subject property is located is northwest of the intersection between 1-49 and Wedington Drive on the midblock of N. Florene Street between W. Anne Street and W. Sycamore Street. The property was annexed by the City in 1967 and shortly after, in 1973, a duplex was built on the approximately 0.30 acres. The property maintains the R-A, Residential -Agricultural zoning designation it was given at the time of annexation. The surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Two-family Residence RSF-4, Residential Single-family, 4 Units per Acre South Single-family Residence R-A, Residential -Ag ricultural East Two-family Residence R-A, Residential -Agricultural West Single-family Residence RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone the parcel to RI-12, Residential Intermediate, 12 Units per Acre. The applicant suggests a development which would retain the duplex and construct an additional duplex on the back of the property for a total of four units. Public Comment: A member of the public commented via telephone in opposition of the rezoning request. The resident objected to overcrowding in the area and issues with exacerbating traffic congestion. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettevidF--' T.W 3P, 2021 Fayetteville, AR 72701 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 1 of 15 INFRASTRUCTURE: Streets: The subject parcel has frontage on N. Florene Street. N. Florene Street is an unimproved two-lane asphalt Residential Link street with no sidewalk and open, culverted ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 6-inch water main present in the center of N. Florene Street. Sewer: Sanitary Sewer is available to the site. There is an existing 6-inch main along the west side of N. Florene Street. Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the HHOD. There are no protected streams on this parcel. There are no hydric soils identified on this parcel. Fire: Station 7, located at 835 N. Rupple Road, protects the site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 minutes. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property as a Residential Neighborhood Area, Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. The following guiding policies are designed to encourage future and existing residential neighborhoods to be or become more complete, compact and connected: CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for the area in question, with a weighted score of 5. The following elements of the matrix contribute to the score: • Near Grocery Store (Harp's on N. Colorado Drive) • Near Sewer Main (6" along N. Florene Street) • Near Water Main (6" along N. Florene Street) • Near Paved Trail (Bryce Davis Trail and Hamestring Creek Trail) • Near City Park (Bryce Davis Park) • Adequate Fire Response (Fire Station #7, 835 N. Rupple Road) Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 2 of 15 FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Land uses in immediate and general adjacency to the subject property are a mix of detached single-family dwellings and attached two, three, and four -family dwellings. Zoning in the area is eclectic with R-A, RSF-4, RI-12, and RI-U in the vicinity. With due consideration for both the potential building types and forms under RI-12, staff finds that a higher -density, residential zoning district is generally compatible with adjacent single-family land uses. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the Future Land Use Map and its designation of the subject property as a Residential Neighborhood Area. The goals of City Plan 2040 include support of a variety of housing types in connected, compact block patterns. The RI-12 zoning district encourages patterns of development that realize this goal by providing added development potential for dwellings between low and medium density with less impact than medium density development. Added development potential supports Goal 1 (appropriate infill), Goal 2 (discouraging suburban sprawl), and Goal 6 (opportunities for attainable housing). Rezoning to RI-12 will allow greater variety of residential uses and typologies encouraged under Residential Neighborhood Areas. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning will bring a non -conforming lot into compliance. The property's bulk and area are much smaller than the lot sizes typically permitted in R-A zoning. Two-family dwellings are allowed by right in both R-A and RI-12 zoning, meaning the duplex will continue to be a permitted use. Staff finds added density potential will allow appropriate infill development to occur at this location. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to N. Florene Street, an unimproved Residential Link Street. It is a little over a half -mile northwest of the intersection of W. Wedington Drive and Interstate 49. The Master Street Plan shows a Planned Residential Link Street extension to W. Sycamore and a Planned Neighborhood Link Street extension to N. Shiloh Drive. The proposed rezoning would allow higher density and resulting traffic compared to the existing R-A zoning. However, staff contends that development of an additional duplex would likely not result in a significant increase in traffic nor appreciably increase traffic danger and congestion. The necessity for street improvements or modifications to site access will be reviewed with future development submittals Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 3 of 15 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-A to RI-12 carries an associated potential to increase population density in the neighborhood. As noted above, this property has access to existing water, sewer, and other public services. The property is, however, outside the service time goal for a fire engine. With that said, the presence of existing City infrastructure eliminates the need for costly extensions or stretched police service. Staff finds rezoning to RI-12 is unlikely to undesirably increase the load on facilities and services. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN-2020-000027 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. Planning Commission Action: Meeting Date: January 25, 2021 Motion: Second: Vote: BUDGET/STAFF IMPACT: None O Approved O Tabled O Denied Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 4 of 15 Attachments: • Unified Development Code: o UDC 161.03 — R-A, Residential -Agricultural o UDC 161.11 — RI-12, Residential Intermediate, 12 Units per Acre • Request letter • Public Comment o Rick Faine • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 5 of 15 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses (1) Permitted Uses. Unit 1 Unit 3 City-wide uses by right Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half ('/) (D) Bulk and Area Regulations Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 12 acres (E) Setback Requirements. Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 6 of 15 Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 7 of 15 161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 (D) Bulk and Area Regulations. Single- family Two (2) family Three (3) family Lot width F5Oet 50 feet 90 feet minimum 5,000 square 7,260 square Lot area 10,890 square minimum feet feet feet. (E) Setback Requirements. Side Side Single & Rear Rear Front Other Two (2) Other Single Uses family Uses Family A build -to zone that is located between the front property line and a line 25 feet from 8 feet 5 feet 20 feet 5 feet the front property line. Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 8 of 15 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 9 of 15 Rezoning Request Letter December 9, 2020 Location: This rezoning request is for the single property located at 167511673 North Florene St., Fayetteville AR 72704. Current Zoning: R-A Requested Zoning: RI-12 Existing conditions: The property is approximately .3 of an acre in size and is on the west side of Florene St. with direct street access. It currently has (2) 2-bed, 1-bath, single story, single family units sharing one wall (Duplex), each approximately 780 sf. Architectural style matches almost all existing dwellings on the immediate street. To the front of the property there is currently a 6" water supply line, A 15" Storm Water line, Power provided by Ozarks and Gas provided by Black Hills Energy. Currently all properties to the west are already zoned RI-12, the adjacent property to the north is the last remaining RSF-4 zoning while 3 properties to the south and 3 to the east (across the street), are zoned R-A. One of the properties to the north-east around the corner zoned RI-12 already supports 6 functional units creating compatibility with our proposal. Proposed Development: Onced rezoned (if approved), we intend to develop on the back of the property (2) more 2-bed, 1-bath single story, single family dwellings, to resemble the existing ones. We foresee a total of 2-duplex (4-units), at development completion. The proposed rezoning of this property could aid in continuing to build the multi -family community that has already been established in the immediate area by encouraging new buildings and urban growth. Surrounding Compatibility: The property on the south-east corner is already zoned RI-12 matching our request. While only 7 properties on the block remain R-A zoning. One of the properties to the north-east around the corner zoned RI-12 already supports 6 functional units creating compatibility with our proposal. Adriana Hermez / Ismael Hernandez (818) 687-1955 / (818) 640-9566 Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 10 of 15 From: RickTheBarber Faine <barburrick@gmail.com> Sent: Tuesday, January 19, 2021 5:36 PM To: Umberger, Ryan <rumberger@fayetteville-ar.gov> Subject: Re: Rezoning Request for 1673 & 1675 N. Florene St. (RZN-2020-000027) Ryan, upon further review this puts this little dream in my BACKYARD Q and anyone who thinks there's room for two duplexes back there is not even thinking, this little area back there is congested and there's utility easement thru there and we already have parking and noise issues from the two existing units there already. Someone needs to put a NO on this idea, most of the houses around me are rentals and already have those renter issues going on let along a bunch more on top of those already there. I can assure you that I will bail ASAP if this gets approved. Parking is already far short in Fayetteville and this street is too narrow for more cars and will be a FIRE truck hazzard and also to my house should one of the closer duplexes catch fire, there are tree issues there as well and new construction could interrupt our utilities, water, sewer and create a mess, and lead to possible litigation. Sincerly, Rick Faine 3072 W Oakfield St. 479-231-5542 Planning Commission January 25, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 11 of 15 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 12 of 15 RZN-2020-000027 Close Up View Hermez-Hernandez ESSEX-DR WILDFLOWER ST ---OAKFIELD ST Q-1 �4 �OC• RI-12 ANNE ST I W Q N N w W U W W Shared Use Paved Trail Design Overlay District Planning Area �— — —� Fayetteville City Limits Building Footprint Planned Neighborhood Link ■ ■ Planned Residential Link 00 2 m v Subject Property Proposed RI-12 f- N W RI-U Z W O J LL Feet 0 75 150 300 450 1 inch = 200 feet SYCAMORE ST .11 Zoning RI-12 R-A A& NORTH Acres 0.3 Total 0.3 Planning Colmission 'aiww 5, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 13 of 15 RZN-2020-000027 Hermez-Hernandez A& Current Land Use NORTH WILDFLOWER ST �- '.k: s k ` : - YY SYCAMORE'ST " fX Mixed -Density Residential OAKFI ELD Sr00 W_- r Subject Property - =I' Mixed -Density - I ''II Residential h L Mixed -Density Residential r w Y w w 1 �� o� Feet Planning Area 0 25 50 100 150 200 Fayetteville City Limits 1 inch = 80 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Colmission lwwwy J5, 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 14 of 15 RZN-2020-000027 Future Land Use Q--WOODRIDGE-DR f- w U w Z ESSEX-DR a , W m n X IX OCR ', �Q` �`I� / *P -1 O WOODF\�` F- U O O w x Q w 3 eicihborhood Planning Area �— — Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L j Design Overlay District Building Footprint Freeway/Expressway Planned Neighborhood Link ■ ■ Planned Residential Link Hermez-Hernandez Feet 0 112.5 225 450 NORTH 000' / O� V /V FR4O GFo� i Civic and Private an Space Residential ' Neighborhood • • • • • • • • DOROTHY-JEANNE ST 675 900 1 inch = 300 feet b� City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center ssion 2021 Agenda Item 12 RZN 20-000027 Hermez-Hernandez Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 e (479)575-8323 Text File File Number: 2021-0041 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: 13. File Type: Agenda Item RZN-2020-000028: Rezone (S.E. OF MICHAEL COLE RD. & WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located S.E. OF MICHAEL COLE RD. & WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.00 acres. The request is to rezone the property to RMF-18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE. Planner: Jessie Masters City of Fayetteville, Arkansas Page 1 Printed on 112212021 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jonathan Curth, Development Services Director Jessie Masters, Senior Planner January 25, 2021 SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.00 acres. The request is to rezone the properties to RMF-18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN 2020-000028. RECOMMENDED MOTION: "I move to deny RZN 2020-000028." BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential R-A, Residential -Agricultural; RSF-4, Residential Single -Family, 4 Units per Acre; RI-12, Residential Intermediate, 12 Units per Acre South Undevelo ed/Sin le-Famil Residential R-A, Residential -Ag ricultural East Single -Family Residential R-A, Residential -Ag ricultural West Two -Family Residential RMF-6, Residential Multi -Family, 6 Units per Acre Request: The request is to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre. No development plans have been submitted by the applicant. Public Comment: Staff has received a petition containing 50 signatures from neighbors expressing opposition to the request. The specific concerns and full signatures are attached to this report. Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 1 of 22 INFRASTRUCTURE: Streets: The subject area has frontage to W. Wedington Drive, which is a fully improved Regional Link with asphalt, curb, gutter, and trail. The property also has frontage to W. Michael Cole Drive, which is classified as a Residential Link Street, with asphalt, but no curb, gutter, greenspace, or sidewalk. Any street improvements required in these areas would be determined at the time of development proposal, as well as any requirements for drainage. Water: Public water is available to the subject area. An existing 2-inch water main that segues into an 8-inch water main is present along the north side of W. Wedington Drive and an existing 18-inch water main is present along the south side of W. Wedington Drive. An existing 6-inch water main is also present along the west side of W. Michael Cole Drive. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the north side of W. Wedington Drive and existing 6-inch sanitary sewer main is present in the southeast corner of the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. Hydric soils appear to be present in the south east corner of the property. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N. Rupple Road, protects the site. The property is located approximately 1.7 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 2 of 22 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is characterized by low - density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development does appear to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff does find that a rezoning to a higher density is merited at the site. However, staff does not find the request to RMF-18 to be compatible with surrounding land uses, and would recommend in favor instead towards a request for an RI-U, Residential Intermediate — Urban, with potentially a consideration for NS-L, Neighborhood Services — Limited at the site's western corner at the intersection with W. Michael Cole Drive. The provision of limited services at the corner could help mitigate concerns about the availability of walkable services to the area. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. Land Use Plan Analysis: Staff finds that the request is not fully consistent with adopted land use policies, the Future Land Use Map designation, or goals of City Plan 2040. On the one hand, the area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff does recognize the need for an upzone for additional housing and supportive services in the area, rather than the land remaining agricultural. However, the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited and more compatible housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards better connectivity. Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 3 of 22 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than R-A, Residential -Agricultural is justified, given its proximity to a Tier 3 center, and the future land use plans designating this area as Residential Neighborhood. However, staff finds the current request to be out of scale, and would recommend a softer, more incremental increase on this site at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RMF-18 at this site would appreciably increase traffic at this site. Staff finds that the lack of available walkable services or access to transit routes makes this request out of scale at this time. W. Wedington Drive has a typical vehicle count of 11,000 vehicles per day, and is an improved Regional Link with a service volume of 17,600 vehicles per day. Staff also finds that the site is located 1000 feet east of a Tier 3 center (W. Wedington Drive and N. Double Springs Road). However, staff finds that an increase in density to RMF-18 at this 5-acre site may negatively contribute to traffic counts along W. Wedington Drive given the overall lack of walkable services in the area; the allowable density associated with this request could result in 90 additional housing units, potentially 2-3 additional vehicles per unit, with almost no viable transportation alternative. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-A to RMF-18 would certainly have the potential to increase population density in this area at this time. While the available infrastructure, water and sewer, and the service volume of W. Wedington Drive, would likely support an increase, staff finds the requested increase to be too much too soon for the area, and recommends a lower density request, such as RI-U. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Based on the reasons outlined above, staff finds the request to be undesirable, and is recommending denial of the current request. Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 4 of 22 RECOMMENDATION: Planning staff recommends denisl of RZN-2020-000028. PLANNING COMMISSION ACTION: jDate: January 25, 2021 O Tabled (Motion: ISecond: BUDGET/STAFF IMPACT: None Required YES O Forwarded O Denied Attachments: • Unified Development Code: • §161.03 - District R-A, Residential -Agricultural • §161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre • §161.12 - District RI-U, Residential Intermediate — Urban • §161.18 - NS-L, Neighborhood Services - Limited • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 5 of 22 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 Unit 3 City-wide uses by right Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 1 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half ('/) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 6 of 22 (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 7 of 22 161.15 - District RMF-18, Residential Multi -Family - Eighteen (18) Units Per Acre (A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a medium density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Unit 11 Unit 12a Unit 24 Government facilities Manufactured home park Limited business Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 40 feet Two (2) family 40 feet Three (3) and more 75 feet Professional offices 100 feet Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 8 of 22 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,000 square feet Two (2) family 5,000 square feet Three (3) or more 7,500 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements Side Side Single & Rear Rear Front Other Two (2) Other Single Uses Family Uses Family A build -to zone that is located between the front property line and a line 25 feet 8 feet 5 feet 20 feet 5 feet from the front property line. (F) Building Height Regulations. Building height maximum stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 9 of 22 161.12 - District RI-U, Residential Intermediate — Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Cluster housing development Unit 44 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Unit 24 Limited business Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Side Side Single Rear Rear, from Front Other & Two (2) Other centerline of an Uses Family Uses alley A build -to zone that is located between the front property, line and None 5 feet 5 feet 12 feet a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 10 of 22 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 11 of 22 161.18 - NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 12 of 22 (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet FTwo (2)family 35 feet Three or more 35 feet FAII other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet of lot area per dwelling unit All other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. Side 5 feet Rear 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1- 20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19) Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 13 of 22 J O R G E N S E N Fa t Su Fayetteville, AR Drive, Suite 5 Fayetteville, AR 72703 +ASSOCIATES Office:479.442.9127 Civil Engineering Surveying Fax: 479.582.4807 AMwww.jorgensenassoc.com December 16, 2020 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Development Services Re: Kidder Rezoning This letter is in regards to a proposed rezoning and the following required information: A. The current owner of this site is as follows: a. 765-16221-000 (Lee Kidder & Jean Collins) B. Currently this property is zoned R-A. The reason for the requested RMF-18 zoning is to allow this property to be suitable for development for residential multi -family development. C. The properties to the north across W Wedington Drive are a mix of RSF-4 & R-A. Due west is zoned RMF-6. The property to the south and east are R-A. Although not directly adjacent to this property there are numerous properties nearby that are zoned RI-12 & l which are similar zonings in use and intensity. We feel the proposed use of RMF-18 will not adversely impact adjacent land uses and will help create as a transition from W Wedington, which is classified as a Regional Link, to lesser intense residential zonings surrounding. It would be a similar use & traffic that are already in this area. D. Existing water and sewer already installed to serve these lots. E. We feel the requested zonings are in line with the goals of the City Plan 2030 for rezoning and development. F. RMF-18 is one of the zoning's that would allow development for the proposed tenants. G. W Wedington Drive is classified as a Regional Link and has capacity to get cars to the west and east eventually to 49 in order to go north and south. H. The potential to increase the population density in this area as a result of this rezoning would not undesirably increase load on public services. I. RMF-18 is an appropriate zoning for the needed residential multi -family development. Please review this application and let us know if there are any questions that we may be able to answer. Thanks. Jorgensen + Associates Planning Commission January 25, 2021 Agenda Item 13 1 20-000028 Kidder Page 14 of 22 Petition opposing Rezone Request for West Wedington Drive The undersigned are all City of Fayetteville residents and respectfully oppose a rezone request by Aria Holdings, LLC David Fender, for 5.15 acres on West Wedington Drive, Fayetteville, AR. All signatures on this petition are of property owners and/or residents who either adjoin this property in consideration for rezone, or who live in close proximity. All of us could be negatively affected for this high density development on Wedington Drive. This rezone request is to be considered at the Planning Commission meeting which is virtual by Zoom on January 25, 2021 at 5:30 pm. We stron gly o ppose rezone of 5.15 acres ❑n Wed in tan Drive from RA to RMFIB for the fol I owi ng reasons: 1. Negative traffic impact and safety concerns for car, pedestrian, and bike traffic. 2. Potential drainage problems onto Wedington Drive that could negatively impact nearby properties. 3. Increase of problems with the water and sewage system which is already inefficient and problematic at times for neighborhood residents with the recent housing growth and construction in this area. 4. Possibility of reduced adjoining and area property values. 5. Safety concerns for domestic animals and livestock on adjoining or nearby properties. 6. Weariness of years long construction traffic, trash, noise, and other negative impacts in our neighborhood from Creek View development to the south, Woodridge Subdivision to the north, and Brooke Drive construction to the west, which have all been simultaneous and all remain ongoing and are within close proximity to this property considered for rezone. 7. Increased potential for excessive noise and litter in the neighborhood which has already been an issue. It seems to us that The Planning Commission and The Fayetteville City Council created a prescedent for rezone for high density in this neighborhood at this time with rejection of a very similar high density rezone request at 6040 and 6074 West Wedington within the last 6 months. The property under current rezone request is just across Wedington from those properties which were denied rezone to RMF-18 or RMF-12 in the last six months of 2020. The Planning Commission (July, 2020) and the City Council (Sept. 2020) both carefully considered and thoughtfully discussed the past rezone request and appeal with respect to the long term growth plan as well as united neighborhood opposition to any high density at this time. A rezone to RMF-18 at this property appears to us to be in conflict with the RA Code 161.03 section of "orderly transition of growth." We appreciate and agree with council member's remarks from past rezone considerations that concentrated high density in our neighborhood does not blend with the long term growth "hamlet" approach and is "too much, too fast." The lack of services in this area was also a factor of concern. We hope that the Commission will appreciate and consider the limitations to communicate because of Covid 19. We respectfully ask the Planning Commission to consider our opposition. Please know that not all residents who have signed this petition have internet access to join the meeting in Zoom format. If our signature is on this petition, we state that our absence from the 1/25/21 Zoom meeting does not signify a lack of interest and/or lack of strong opposition to this rezone request. Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 15 of 22 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. /7AR 1 11 �Ivlr.�r cl� 1;2� � - a - 7� v✓ im �C�C4j �6(C a �7��(4zz V-�3 �� ��1 W� rn ���� O 01(� . ! -� Cc& q 7 q C41cue :�a a�� 5-1 � . (� I S - `��v ' 3 /3 -V6�-2)1d 41 o ff � - � Lit -'7/-)� P—?C SAS w, rVj 2 G O -73 � i Ad Cd e �� 3 I L rr 0 -f<-;) N� Z ) 2�0 � G� � L1 7 q �ZZ� IL - I t7LtL[ - \QA Planning Commission 1 1 ti���� 2 January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 16 of 22 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. A U . � �U'1 C ?' y11C � 5 � � LJ'` � Y� � 2 �� [.` C � _._.._..._�7 Q11 , �Il1 bkdq 41.k c l C_-C - C PdZ `,, i�°I- U 0 wve,.n (Ai 6Q, CC Ct 5qub M �l[ LOle Dr Evan 4 - s i -C�a�' ► - 9�a jEsr. C p . _UO-ji-e- q 7 q -ZW 97 ?Z -5-01 ��,kj�t� 4�G� 2��5q?s I2�� s��fih �V uC'\ C. j ['��U S�5 q79 -qys - -7_5- 16z— iv qGI -5 ')\ 5�0 — —) —3 "t wr�f LV.ilia (,7 , . Fa., t Planning Commission 3 January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 17 of 22 We, the undersigned, oppose the rezone request for SAS acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. ��rrir�r.��r�:�rN►��h��'`i1�1if►r�r���y�fl��1����►�h[���iH: ii�'�'�-'L'L'�Ir�f� �... • :V-i-l�-' L(-Z.lo --C) Z-y`1 Planning Commission January 25, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 18 of 22 RZN-2020-000028 Kidder One Mile View NORTH 0 0.125 0.25 0.5 Miles , RSr4 1 r , I r , _ RI-U --- - CS I A - W� EDINGTON M1 P-1 RSF-1 Subject Property W PERSIMMON ST Planning Area �- - -, Fayetteville City Limits Trail (Proposed) Regional Link Neighborhood Link Planned Neighborhood Link Planning Area -- t- ■ ■ Planned Residential Link Fayetteville City Limits ft—Im / R-A RSF-8 llndtavial SIR G—rEXTRACTION '--- RESID RESIDENTIAL SINGLE-FAMILY EXTRACTION NI-G E-1 RIL COMMERCIAL RI-12 —id-tial-OFce NS-L C-1 Reaitlenlial-Agricultural 111111111 C-2 RSF.6ii C3 RSF-1 FORM BASED DISTRICTS — RSF-2 Downtown Core — RSF-0 Urban Thoroughfare RSF-) Main Street Center RSF-6 Downtown Gener9 RSF-16 C...hity Service. RESIDENTIAL MULTIFAMILY Neighbodrood services Q -1 111111111 Neighbodrootl Conservation -112 PLANNED ZONING DISTRICTS — — — — — � � RMF-16 � Comnarcial, Induavial, Residential e-- RMF-2a INSTITUTIONAL �RMF-00 INDUSTRIAL RIALommarcialantl _P1 -- -1 Light lntluNal Planning Co n 5 ssion 2021 Agenda Item 13 RZN 20-000028 Kidder Page 19 of 22 RZN-2020-000028 Close Up View Kidder W Q 2 H WEDINGTOWDR Y; w o 0, 0 M W Q J U O M, i -M Li Proposed RMF-18 RMF-6 R-A\ �i RSF-4 Q� Subject Property W W-LEGACY-ST c� W I �♦ P-1 TACKETT DR NORTH Shared Use Paved Trail Zoning Acres Trail (Proposed) � _ _ _ RMF-18 5.1 _ Planning Area Fayetteville City Limits Feet Building Footprint Regional Link 0 112.5 225 450 675 900 ■ ■ Planned Residential Link 1 inch = 300 feet Total 5.1 Planning Co mission 5, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 20 of 22 RZN-2020-000028 Current Land Use Kidder COD - I co LV f--- - Single -Family Residential/ r Agricultural s Single -Family Residential ' WEDINGTON DR - - - - Duplexes a 8 Subject Property ,. Single -Family Residential Z_ . j MICHAEL-COLE DR t _.-._...__. ` _•-...T - ++ ,a { Shared Use Paved Trail Trail (Proposed) Planning Area - - -; Fayetteville City Limits Regional Link ■ ■ I Planned Residential Link NORTH LU Jj W, I I Single -Family Residential Feet 0 75 150 300 450 1 inch = 200 feet .11 FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning Conjmission jawwaiaj, 5, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 21 of 22 RZN-2020-000028 Future Land Use Kidder —TRANSIT-ST ■ NWQUI MECKLI ST w a Residential Neighborhood Subject Property NORTH RELIANCE ST ' ALLEY-1449 CHATTEL-ST > ALLEY 1381—Q ��'/---Q—FOUNTAIN ST—O—, Q—ALLEY-1315— � � =—LEGACY-ST— - sA( q UJ Q 2 H WEDINGTON,DR Proposed RMF-18 i COPPER RIDGE LN O MICHAEL-COLE10 EL PASOLu m , DR Natural W Q Z w J _ Civic and Private —TACKETT DR Open Space BN � O X; w tBINE PASS-RD-w'G Z Q �- - _ Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Regional Link ■ ■ Planned Residential Link City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 180 360 720 1,080 1,440 Residential Neighborhood 1 inch = 500 feet Rural Residential Urban Center Planning Conjmission jawwwyi5, 2021 Agenda Item 13 RZN 20-000028 Kidder Page 22 of 22 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0062 Agenda Date: 1/25/2021 Version: 1 Status: Agenda Ready In Control: Planninq Commission Agenda Number: Long Range Planning Subcommittee File Type: Agenda Item City of Fayetteville, Arkansas Page 1 Printed on 112212021 CITY OF FAYETTEVILLE ARKANSAS MEETING AGENDA Long Range Planning Subcommittee Meeting January 21, 2021 4:30 PM 113 W. Mountain, Room 111 Members: Matthew Hoffman (Chair), Matthew Johnson (Vice Chair), Leslie Belden (Secretary), Tom Brown, Porter Winston, Robert Sharp, Quintin Canada, Kristifier Paxton, and James Garlock. City Staff: Mary McGetrick, Planning Manager, Hugo Hamblin Agosto, Planner Call to Order Roll Call Business 1. Rural Zoning and Annexation (5 minutes) Led by Staff 2. Downtown Masterplan Revision Update (5 minutes) Led by Staff 3. Long Range Planning Term Limits (15 minutes) Led by Kristofer Paxton 4. North College Rezoning (10 minutes) Led by Matthew Hoffman 1. Update on Stormwater Ord. Revisions (10 minutes) Led by Staff 2. Childcare Ordinance Revisions (5 minutes) Led by Kristopher Paxton Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 3. Pre -approved building design Update (5 minutes) Led by Staff 4. Long Range Planning Meeting Format (5 minutes) Led by Staff Tabled Items 1. Infill Best Practices/ Walker Park Master Plan Please note that 15 mins is the maximum time per item and Commissioners should plan their presentations accordingly in order to have enough time to solicit feedback from other Commissioners. We may not need the full 15 minutes for every item, as the Chair may shift time between items according to how productive is the conversation. 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. 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.