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Home My WebLink About2016-03-28 - Agendas - Final CITY OF Tay% ! LY il 4 AGENDA U. ARKANSAS Final Agenda Planning Commission Meeting March 28, 2016 5:30 PM 113 W. Mountain, Room 326 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Presentations ■ Presentation of Service Award to Commissioners Chesser and Bunch. Consent 1. Approval of the minutes from the March 14, 2016 meeting. 2. VAC 16-5375: Vacation (1924 E. CHARLEE ST./SEASIDE POOLS, 369): Submitted by SEASIDE POOLS, INC. for property located at 1924 E. CHARLEE ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.13 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Old Business None New Business 3 ADM 16-5379• Adminostrativm 1+nrn (WEDINGTON Ill? A_ GOLF CLUB IR Ill? /FAVCTTEVII I E ROW HOUSES CONDITION #1 DDI 14-4847, 400); Submitted byLINDSE/ AND ASSOCIATE for proper-toes IoGated at WEDINGTON DR. & GOLF CLUB DR. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and Gentains approximately 152 n s request as feF medifiGation Of Gendition of approval #1 from the Fayetteville Row Houses (PPL 14 48471 Rlanner�� Andrew Garner THIS ITEM HAS BEEN REMOVED FROM THE AGENDA 4. VAR 16-5353: Variance (1685 S. COOPERS COVE/WEISHAAR, 607): Submitted by JOGENSEN & ASSOCIATES, INC. for property located at 1685 S. COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.42 acres. The request is for a variance of the Streamside Protection regulations. Engineer: Alan Pugh Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 5. VAR 16-5383: Variance (327 S. WEST AVE./HABITAT DUPLEX, 523): Submitted by MODUS STUDIOS, INC. for property located at 327 S. WEST AVE.. The property is zoned DOWNTOWN GENERAL and contains approximately 0.08 acres. The request is for a variance of the driveway width and separation standards. Planner: Quin Thompson 6. VAR 16-5392: Variance (ADELAIDE LN. & OLD WIRE RD./COTTAGES AT OLD WIRE SD, 369): Submitted by BUFFINGTON HOMES, INC. for properties located in the COTTAGES AT OLD WIRE SUBDIVISION. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 10.08 acres. The request is for a variance of the building design requirements. Planner: Quin Thompson 7. PPL 16-5331: Preliminary Plat (EAST OF WASHINGTON AVE. BETWEEN 7T" & 11T" STREETS/WILLOW BEND SD, 563): Submitted by COMMUNITY BY DESIGN, INC. for properties located EAST OF WASHINGTON AVE. BETWEEN 7T" & 11T" STREETS. The properties are zoned RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE, AND NC, NEIGHBORHOOD CONSERVATION and contains approximately 9.12 acres. The request is for 54 single-family lots. Planner: Andrew Garner 8. CUP 16-5350: Conditional Use (2008 W. CLEVELAND ST./BOYD, 442): Submitted by GEORGE FAUCETTE for property located at 2008 W. CLEVELAND ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.86 acres. The request is for a tandem lot created by a proposed Lot Split. Planner: Quin Thompson 9. Election of Planning Commission Officers for 2016. The following items have been approved administratively by staff: • LSP 16-5349: Lot Split (2015 W. DEANE ST./RESTORED REAL ESTATE, 364): Submitted by ENGINEERING SERVICES, INC. for property located at 2015 W. DEANE ST. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 1.86 acres. The request is to split the parcel into 4 lots containing approximately 0.42, 0.43, 0.45 and 0.56 acres Planner: Andrew Garner Announcements Adjourn 2 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. 3 CITY OF • 41%! Ile MINUTES TayA — 1 RKANSAS Planning Commission March 14, 2016 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, Jonathan Ely— Development & Construction Manager, Blake Pennington —Asst. City Attorney, and Kit Williams —City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch In Attendance: Sarah Bunch, Kyle Cook, Janet Selby, Thomas Brown, Matthew Hoffman, Ron Autry, Ryan Noble, and Tracy Hoskins. Absent: William Chesser Staff: Andrew Garner, Quin Thompson, and Kit Williams 2. Consent Agenda: Approval of the minutes from the February 22, 2016 meeting. VAC 16-5324: Vacation (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the NE CORNER OF DRAKE AND MCCONNELL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.97 acres. The request is to vacate portions of a utility easement. VAC 16-5322: Vacation (2011 W. FOXGLOVE DR./CRAIN VOLKSWAGON, 286): Submitted by CRAFTON TULL, INC. for properties located at 2011 W FOXGLOVE DR. The properties are zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 4.79 acres. The request is to vacate portions of access and utility easements. VAC 16-5323: Vacation (4030 N. COLLEGE AVE./WHATABURGER, 135): Submitted by CRAFTON TULL, INC. for properties located at 4030 N. COLLEGE AVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 1.99 acres. The request is to vacate portions of a utility easement. M Planning Commission Mailing Address: March 28,2016 113 W. Mountain Street www.fayettevilleA�,EMRXitem 1 Fayetteville, AR 72701 3-14-2016 Minutes Page 1 of 13 ADM 16-5376 Administrative Item (LINKS AT FAYETTEVILLE PHASE 2 LSD EXT., 400): Submitted by LINDSEY MANAGEMENT COMPANY for property located at NORTH OF WEDINGTON AND EAST OF RUPPLE ROAD. The property is zoned LINKS AT FAYETTEVILLE R-PZD 07-2452 and contains approximately 19.83 acres. The request is to extend a previously approved large scale development for the Links at Fayetteville Phase 2 (LSD 14-4940). ADM 16-5355: Administrative Item (SW OF PERSIMMON & 54T" STREETS/LEGACY POINTE SD, PH 5-A, 475): Submitted by BATES & ASSOCIATES, INC. for properties located SW OF PERSIMMON AND 54T" STREETS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 7.20 acres. The request is for a fee in lieu of improvements to the Dot Tipton lift station as required in PPL 13-4404. CCP 15-5252: Concurrent Plat (SE CORNER OF BROYLES AVE. & PERSIMMON ST./ CROSS KEYS NORTH SUBDIVISION, 560): Submitted by JORGENSEN &ASSOCIATES, INC. for property located at the SE CORNER OF BROYLES AVE. & PERSIMMON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 17.07 acres. The request is for a 13 lot single family subdivision. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-0-2, Commissioners Autry and Hoffman recused. 3. Old Business: ADM 16-5340 Administrative Item (UDC CHAPTER 164.19 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapter 164.19 (Accessory Dwelling Units) of the Fayetteville City Code. Andrew Garner, City Planning Director, gave the staff report. Matthew Petty was present for questions. No public comment was presented. Commissioner Hoffman discussed making it a footprint regulation. The overall height is regulated by other sections of the code. I don't understand the issue with the use of the space; that it also could be part of the requirement. Commissioner Hoskins asked about the cottage ordinance. He asked about garages being part of the allowable square footage for a cottage development. Garner discussed the cottage development requirements. Alderman Petty discussed the sensitivity of this ordinance. He discussed that he is a little less conservative than staff but understands the staff proposal and requests the commission Planning Commission March�8,2016 Agenda Item 1 3-14-2016 Minutes Page 2 of 13 modify the code if they see fit. I don't feel that the difference between 800 and 1,000 sq. ft. makes much of a difference. Commissioner Autry discussed that I would like to see it grow a little bit up to 1,000 sq. ft. Commissioner Brown discussed that he has no problem increasing it from 600 to 800 sq. ft. If we want to consider a larger building could we do it as a conditional use or other approval process. Garner discussed that a larger ADU size could be approved by a variance, as has been the case in the past. The Commission usually sees one or two of these type of requests per year. Commissioner Brown discussed the negative impact of building out too much of a lot. Commissioner Cook agreed with staff's comments. I think it is a prudent baseline.We have the opportunity to look at a larger ADU through the variance process. I remember the project that got this started on this. This is an accessory dwelling unit, not a regular dwelling unit. I don't want people to start building tandem lots in their back yard. I will support what they have on paper right now. Commissioner Hoffman discussed that we are moving the ball forward. I do want to echo Alderman Petty about the number of bedroom. Personally I don't think it's necessary to legislate architectural design on the interior of the building. I think that trying to legislate the number of bedrooms and the number of cars that can live there makes the code more complicated. I am a little disappointed in that but I am happy to move this forward. Commissioner Hoskins asked about Austin, TX requirement. I am one of these people that if you have the opportunity to fix it you should fix it. Motion #1: Commissioner Hoskins made a motion to amend ADM 16-5340 to increase the square footage from 800 to 950 sq. ft. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-2-0. Commissioners Brown and Cook voted 'No'. Motion #2: Commissioner Hoskins made a motion to forward ADM 16-5340 to the City Council with recommendation of approval as previously amended in Motion #1. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission MarchY8,2016 Agenda Item 1 3-14-2016 Minutes Page 3 of 13 4. New Business: CUP 16-5316: Conditional Use (4201 N. SHILOH DR./TEMPORARY CARNIVAL - NWA MALL PARKING LOT, 134): Submitted by PRIDE AMUSEMENTS, INC. for property located at 4201 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 105.46 acres. The request is for a temporary carnival in the parking lot. Quin Thompson, Planner, gave the staff report. Betty Burlingame, Applicant, said that she agreed with all conditions recommended by staff. No public comment was presented. Motion: Commissioner Autry made a motion to approve CUP 16-5316 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March�8,2016 Agenda Item 1 3-14-2016 Minutes Page 4 of 13 CUP 16-5337: Conditional Use (2907 E. JOYCE BLVD, STE. 7/POSH EVENTS, 177): Submitted by ULANDA TERRY for property located at 2907 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, and contains approximately 2.15 acres. The request is for Use Unit 4 (Cultural & Recreational Facilities), a party event room in a C- 1 zoned district. Andrew Garner, City Planning Director, gave the staff report. He discussed that the applicant called and is sick today and will not be able to attend the meeting. She did request to modify condition of approval #2 to allow the hours of operation to extend until 8 p.m. The applicant was not present. No public comment was presented. Commissioner Cook asked about the occupancy of the building. Garner discussed that the Fire Marshall would be required to review and issue an occupancy permit prior to them opening for business. Motion: Commissioner Cook made a motion to approve CUP 16-5337 changing condition #2 to allow hours of operation until 8 p.m. as requested by the applicant. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission Marchr?8,2016 Agenda Item 1 3-14-2016 Minutes Page 5 of 13 CUP 16-5334: Conditional Use (1921 N. OLD WIRE RD./BORN BARN, 369): Submitted by JACOB BORN for property located at 1921 N. OLD WIRE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 6.83 acres. The request is for an accessory structure with no primary structure. Quin Thompson, Planner, gave the staff report. Jacob Born, Applicant, said that he hoped to continue the agricultural use of the property, with the addition of a u-pick blueberry farm in the future. Kyle Cook, Commissioner, said that he loves the property and the fact that livestock are on the property in the center of Fayetteville. He asked staff if a blueberry farm would be allowed. Andrew Garner, Planning Director, said that blueberry farming and limited picking would be allowed, depending on the intensity level of the use, such as traffic impact. Sarah Bunch, Chair, said that she thought the barn would be a good addition and said she applauded the applicant for saving an old structure. Ron Autry, Commissioner, said that the appreciated the continuing agricultural use on the property. No public comment was presented. Motion: Commissioner Autry made a motion to approve CUP 16-5334 with conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission March6?8,2016 Agenda Item 1 3-14-2016 Minutes Page 6 of 13 CUP 15-5278: Conditional Use (2518 N. CROSSOVER RD./CROSSFIT COMMENCE, 294): Submitted by JODY HENDRIX for property located at 2518 N. CROSSOVER RD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, and contains approximately 1.26 acres. The request is for a crossfit gym, Use Unit 4 (Cultural & Recreational Facilities). Quin Thompson, Planner, gave the staff report. Jerry Jones, property owner, submitted notes from neighboring property owners in support of the proposal. He said that he created the subdivision on this property in 2006 and had not been able to sell any lots to homebuilders to date. He said that the proposal was a community oriented project, a destination for nearby neighborhoods to walk to, and that he had worked to bring a project that would be compatible with the neighborhood and City Plan 2030 goals. Fanny Long, a neighbor spoke in opposition to the project, saying it would open the door to future business development. She said that her main concern was that the property remain of residential character. She added that no one wants to see development patterns like those on North College Ave. Jody Hendrix, Applicant, said that he was both neighbor to and buyer of the property. He said that if the lots were viable for residential use, then they would already be developed as such. He said that 20,000 cars per day travel past the location. He said there are a lot of reasons to like the small scale and locally owned project. Dorothy Mecum, Neighbor, said that she had objections to an increase in traffic that this project would bring to a residential area. Mark Ridgeway said he would be a partner in the project, and noted that the current gym location has operated for years without complaint about noise, traffic, or anything else. He said the classes would be small and the hours limited. Planning Commission March-�8,2016 Agenda Item 1 3-14-2016 Minutes Page 7 of 13 JB Hayes, Neighbor, spoke in favor of the project. He said he was a friend of the property owner and had no objections to the proposal. Robert Sigafoos, Neighbor, said that there are major commercial areas to the north and south, and that residential use should remain in between. Vincent Runnels, Neighbor, said that he has nine acres adjacent to the property, and that he was concerned with commercial traffic and noise that would come with it. He referred to the number of signatures on the petition [provided at the meeting by neighbors] expressing opposition to the project. He recommended the applicant look for a commercial property, and that the subject property remain residential. Rick Shelton, Realtor contracted by the property owner, said that home builders do not want the lots. He said he has worked for two years without success to sell them. Paul Henry, Neighbor, said that a decision to approve would set a tone for future commercial development in the area, and that it would bring additional traffic to a congested area. Dennis Bailey, Neighbor, said that he has lived in five different locations in Fayetteville, and that each time he has moved due to the encroachment of commercial use near his home. He said he bought his current home expressly to avoid commercial activity. He added that Crossover was a beautiful street, and should remain such and not become another North College Avenue. Daphne Chandler, Neighbor, said she opposed the Conditional Use, saying that the area should not become commercial, but should remain a residential area. Anne Bailey, Neighbor, said that the area is congested with traffic, often lines of school buses serving the two large schools nearby, and that additional traffic would place school children at risk. Matthew Hoffman, Commissioner, said that he felt the continuing land use discussion about this property was a classic case of incompetent street design. He said we have built a 'Stroad' and that the City should decide now what type of street this should be, either local street or high speed connector. He said that he would never walk or ride a bike on Crossover Road. Ron Autry, Commissioner, said that this issue had been before the Commission more than once. He said he felt sympathetic to the neighbors' concerns about traffic. He added that he felt the building design wasn't helpful to the applicant, and said that some problem properties may not ever be suitable for development. Tracy Hoskins, Commissioner, said that he disagreed with Mr. Autry. He said that he was 'dead-centered' on this proposal. He said he felt it was compatible with City Plan 2030, but that the traffic and development of a commercial 'stroad' concerned him in this case. He said that he felt that Mr. Jones should be able to develop his property. He asked staff to remind the Commission of the history of rezone requests. Andrew Garner, Planning Director, responded that the owner had requested several zonings in the past few years, including: Planning Commission March8,2016 Agen a Item 1 3-14-2016 Minutes Page 8 of 13 request to rezone from R-A to RSF-4, was denied that zone, but granted RSF-2. request to rezone from RSF-2 to RSF-8, which was denied. request to rezone from RSF-2 to R-O, also denied. Hoskins said that there was an extensive history, and asked the Commission how many times it could deny Mr. Jones. He said he was `leaning' toward supporting the use as appropriate on this site. Janet Selby, Commissioner, said that she agreed with Mr. Hoskins, and that she was `on the fence' about whether to support the proposal. Tom Brown, Commissioner, said that the agreed with staff. He said that the 2030 plan does seek to introduce commercial uses into residential areas rather than continue the standard Euclidean zoning of the past. He said he felt that the City could have both Euclidean and form-based zoning at once, and cited E. Huntsville Road as an example. Hoffman said that he appreciated hearing Euclidean zoning discussed at Planning Commission, and that he ardently opposed that philosophy of urban design. Kyle Cook, Commissioner, said he felt some sympathy for both sides of this issue. He added that while not supportive of this particular proposal, he felt that the correct zoning could allow appropriate commercial use on the site. Ryan Noble, Commissioner, said he too was `on the fence', but felt that the project would be of a low impact, and that he would support it. Hoffman said he would support the proposal in order to avoid larger roads in the future. Cook said that in light of the planning failures that are North College and Wedington Road, how can we control growth on Crossover Road? Motion: Commissioner Cook made a motion to approve CUP 16-5278 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion failed with a vote of 4-3-1. Commissioners Brown, Cook, and Autry voted `No'. Commissioner Bunch recused. Planning Commission Marchg8,2016 Agenda Item 1 3-14-2016 Minutes Page 9 of 13 CUP 16-5330: Conditional Use (426 W. LAWSON ST./BRANCH COMMUNICATION CELL TOWER, 406): Submitted by BRANCH SERVICES, INC. for property located at 426 W. LAWSON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.69 acres. The request is for a wireless communication facility. Quin Thompson, Planner, gave the staff report. Kayla Kramer, Applicant representative, said that this review is unique in that federal law also covers this type of case. She said that the use is not prohibited in the zoning district, and that considerations of aesthetics should not be considered by the commission. She noted that unproven health concerns could not be legally considered. Eric Parkinson, Neighbor, said that he spoke for the neighborhood when he said that there is unanimous opposition to the project. He said that many neighbors had purchased their homes based on the quality of vistas, and that e-mails proved that Sprint had voluntarily terminated its contract to locate on VA property. Hal Roach, neighboring property owner, said that this neighborhood is `up and coming' and that this tower location would have negative effects on the area. He said this request was about competition between wireless carriers and tower providers, not about service. Brenda LaRoche, Neighbor, said that she lives across the street from the site. She said she opposes the project, and has concerns about safety, property depreciation, and added that this was not the best location. Larry Pierce, Neighbor, said that he had retired to Fayetteville and would not ever have chosen to buy his home had it been located near a cell tower. Planning Commission Marctd8,2016 Agenda Item 1 3-14-2016 Minutes Page 10 of 13 Seth Cordury, Neighbor, said he was opposed to the project, citing views from his house, and quoted Wayne Gretsky. Branton Moore, Neighbor, discussed the iconic Fayetteville skyline, and found that it did not need any further additions. He said that it was important to maintain views, protect the existing skyline, and mentioned that exposure to lead, once thought to be harmless, is now known to be unhealthy. Kelly Kastel, Neighbor, said that she would like to remind that Commission that this is a completely commercial interest being discussed for location in a residential neighborhood. Elizabeth Bowen, said that she was concerned about negatives impacts to property values on her street. Susan Drouhilet, Neighbor, said she opposed the proposal. Mary Kay Crow, Neighbor, said she would consider it to be an insult and affront to allow the tower in her neighborhood. Gaylon Estopy, Neighbor, said that he had purchased his home expressly for the view of the University, and he would not like to look from his window to a cell tower. He said the marketability of his view would be destroyed if the tower is allowed. He said it would be wrong to allow it based on corporate expediency. Rudy Hatcher, Neighbor, said that he personally owned five parcels that would be affected by the tower. He said that several years ago he had proposed a Conditional Use for a duplex on one of his parcels, and that the request had been denied. He asked the Commission to not allow a 150' tall tower, with far more impact than a single duplex. Dave Reynolds, Employed at Smith Two-way Radio, said that he is a pro-tower person, but that in this opinion the basic application materials had not been provided by the applicant. He noted that Smith is already in the process of building a tower nearby, and that it would have capacity for multiple carriers. Kit Williams, City Attorney, said that the City was historically very accommodating to cell tower locations. He said that City code prefers collocation on existing structures for aesthetic reasons. He said the applicant must do a more effective balloon test, one that could be easily seen and understood. He said that the applicant must prove that the tower in necessary to maintain existing service. Matthew Hoffman, Commissioner, said that this was the reason that Euclidean zoning was created, to limit noxious uses with negative impacts to surrounding properties. He said that placing this commercial use in a vibrant residential area would not be compatible with City Plan 2030 goals. He said it would impact the skyline. Tracy Hoskins, Commissioner, commented on other tower locations in town, and said that this was an aesthetically poor choice of location. Sarah Bunch, Chair, said that cell towers were better located on hilltops, where they impacted views from neighboring homes less, and provided better coverage. She felt that the applicant should try to find a better location. Planning Commission Marcjg8,2016 Agen a Item 1 3-14-2016 Minutes Page 11 of 13 Ron Autry, Commissioner, said that he has been a sales representative for Motorola some years ago. He said from what he had heard, in this case Sprint was being limited by their own technology, which allowed fewer placement options for their equipment. Tom Brown, Commissioner, asked if the requested 150' height of the tower was affected by the location on the lower slopes of a hill. He asked the applicant if they had seriously looked at collocation on existing structures. He suggested that the project be tabled if the submittal was incomplete. Williams reminded the Commissioners of the federal `shotgun' rule which would automatically approved the project if no action was taken by the Commission. Kramer said that an amendment to the telecom act requires that an applicant be notified of an incomplete submittal within 14 days, and that this had not been done. Andrew Garner, Planning Director, said that the submittal met the letter of the law and should not be tabled. Williams said that he could not recommend delaying a vote. Kramer said that it sounded as though the Commissioner was not for towers, that Smith was building a tower already, and that more carriers would need a tower eventually. Motion: Commissioner Hoskins made a motion to deny CUP 16-5330. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-0-1. Commissioner Noble left early and did not vote. 5. Reports: No reports 6. Announcements: Officer Nominating Committee (William Chesser, Ron Autry, and Janet Selby) provided a list of nominees for consideration for Planning Commission officers for 2016: Cook, Chair; Autry, Vice-chair; Hoffman, Secretary. Election of officers will take place March 28, 2016. 7. Adjournment Time: 9:30 PM Planning Commission Marcji�8,2016 Agen a Item 1 3-14-2016 Minutes Page 12 of 13 8. Submitted by: City Planning Division Planning Commission Marc�Y8,2016 Agenda Item 1 3-14-2016 Minutes Page 13 of 13 CITY OF aypp 4 ellia PLANKING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: March 28, 2016 SUBJECT: VAC 16-5375: Vacation(1924 E. CHARLEE ST./SEASIDE POOLS, 369): Submitted by SEASIDE POOLS, INC. for property located at 1924 E. CHARLEE ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.13 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5375 with conditions of approval. BACKGROUND: The subject property is the undeveloped Lot 27 located in the Cottages at Old Wire Subdivision and contains approximately 0.13 acres in the NC zoning district. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use_and Zoning Direction from Site Land Use Zoning North Single family residential RSF-4, Residential Single Family Four Units per Acre South, East,West Single family residential NC, Neighborhood Conservation Proposal: The applicant proposes vacation of a portion of utility easement to allow for development of a pool in the backyard of a new home planned on the property. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Utility Response Cox Communications No objections AEP/SWEPCO No objections Source Gas No objections AT&T No objections Mailing Address: March 28,2016 113 W. Mountain Street www.fayetteville-,* a Item 2 Fayetteville, AR 72701 16-5375 Seaside Pools Page 1 of 13 Ozarks Electric Not applicable City of Fayetteville Response Water/Sewer No objections Recycling/Trash No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5375 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission Action: ❑ Approved la Forwarded 71 Denied Meeting Date: March_2 2016 j Motion: Second: Mote: BUDGET/STAFF IMPACT: None. attachments: ■ Petition to Vacate ■ Easement Vacation Exhibit ■ Utility Approvals ■ One Mile Map ■ Close Up Map Planning Commission March 28,2016 G:\ETC\Development Services Review\2016\Development Review\16-5375 VAC 1324 E.Charlee St.(Seaside Pools)369\03 Agenda Item 2 Planning Commission\03-28-2016\Comments and Redlines 16-5375 Seaside Pools Page 2 of 13 lr6Wt P mom 4686 N.Thompson 479-756-6543 P.O.Box 781 Springdale,Arkansas 72765 March 3,2016 PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOT 27 TUE, COTTAGES AT OLD WIVE S/D, CITY OF FAYE,TTEVIgLLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the utility easement hereinafter sought to be abandoned and vacated,lying in Lot 27 The Cottages at Old Wire SID,City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a utility easement which is described as follows: (Parcell#765-29562-000,Lot 27 of The Cottages At Old Wire S/D) That the abutting real estate affected by said abandonment of the Utility Easement is Lot 28#765-79563-000 and Lot 26#765-29561-000 of The Cottages at Old Wire S/D and in the rear of the property Lot 18#765- 17123-000 of Regency Estates SID,City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, subject,however to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said Utility easement. Dated this 3rd day of March,2016 Printed Name Signature Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 3 of 13 50.00' 1,10 07-ItIPE5 VAcA-TioN AREA Z--- 1 PLAN- 1856 LFB ROOF ' '—F LOT=5,951 SQ.FT. OVERHANG ' DIRT=3,185 SQ.FT. D/W=634 SQ.FT. i = CITY S/W=160 SQ.FT. 2,522 SQ.FT. J' - r ..a, �. 50.00' SID6ALK � : 5 1324 E. Charlee st. sr. GREENSPACE + r7 MSP d d cuRa LINE S Lot 2/ R/W lu'- " i I C/L } The Cottages at � E. CHARLEE ST. ----- ---- ---�-- ' 3'-G" OldIre r— 20' SCALE I"=20' � ► PROPERTY LINE —._..---____�. .._.. ._ __A..____--• EXT.FOUNDATION LINE BLiFFINGTON HOMES__ Drawn by: ----- BUILD-TO LINE O F A R K A N S A S Joe Griffith —-—-—-—-— BUILDING SETBACK 12/29/15 —--—--—--— UTILITY EASEMENT Plati g Commission arch 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 4 of 13 UTILITY,APPROVAL FORM FOR RIG HT-QF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: -'f UTILITYCDiy[PANY: _ ,kl V /2,v"7I' 5 APPLICANiTNANIE: �ll x!vrlrt r)1JaT''C �S{ �lr�rIPIPLICAN,T PHONE;, r'J02 'J/A'1/G= sT71/t7Fs!'- P-6Q[JESTED VACATION(applicant muss check all thal apply): Utility Easement Right-of--way for alley orstreets and all utility easements located within the vacated right-of-way. Alley Street right-of-way I have been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location/Address aZ t_ Cl f I 0 i r !I f `% t/ L GI O.A/70 J/;'�j ijirf: �!%` l `'�' r i �'`�4`''� �t;�'`'. . 't`A J —'t LUl0A/ ! L i (ATTACK legal description and graphic represer:lnlion of tubal is being vacated-SURM) = '" UTILITY COMPANY CON Ni DENTS: No objections to the vacatiort(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions ate mer An ,damn a to or relocation of our exist facilities will be at the Qh ne s dt:velo ers expense. Sitrnre of Utility Company Representative 1-1 ConstructiQnjmd-Unio�ing Manager Title December 2014 Page i Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 5 of 13 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,;M UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANTNAivIE: R, 1�;a,r �:�7 e e;*<'I�APPLiCANT PHONE: Y7,LEZ rat ST}�/FSiC REQUESTED VACATION((1pplicant Hurst check all tial apply): Utility Easement Ri.ght-of-way for alley or streets and all utility easements located within the vacated right-of-way. _ Alley Street right-of-way I have been notified of the petition to vacate the following(alley,easerneul,right-of-uay),described as follows: General location/Address zzzit / '^ ! ' 7 f r 4E_vle CC iJ 1�Ii'r 7.1-f?� 7,!20,5 C] f.L7 W.l 1' ��OiQ 1�Qi %^•'''/ �� r 1" '`;_j , is r;-ti � � `-�... J .�`J. ..r, � ..1 J V� :�i JI ffr �,r: % ' !\S J (ATTACH legal description and graphic representalton ofivhat is being vncalell-SURYEI� 1 UTILITY COMPANY COMWENTS: No objections to the vacation(s)described above,and no comments. _ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions arc met: Signatul` Utility Company Rep entative r Title December 2Ui4 Aoge� Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 6 of 13 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEivIENT VACATIONS DATE: UTILITY COMPANY: 611 APPLICANT NAME: r?p tJ'�i�rf>}'t!7 � � ' �r APPLICANT PHON E: REQUESTED VACATION(applicant must clieck all that apply). Utility Easement Right-of-way For alley or streets and all utility easements located within the vacated right-of way. Allev Street right-of-%vay I have been notified of the petition to vacate the following(alley, easement,/right-of-way),described as follows: / A / Z r—� 7- / % �'! / fw 7 tl�L til General location/address /.X� f � �,R-'r�- t' � A�t� .>/'.ii`i��f:: =f•l; 1 � �� 4' �`�� =� � r(:•'•`. - e-' J�il LO r' J�� r`/�,1 i j%- (ATTACHlegal description mtdgraphic represerrlalion ojivlral is being vacnted-SURVEY) UTILITY COMPANY C01MNJENTS: No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State Lhe location,dimensions,and purpose below.) No objections provided the follwAng conditions are met: Signature of Utility Company Representati e. r J Title December 2014 Page 3 Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 7 of 13 UTILITY APPROVAL.FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: v�—I UTILITY COMPANY: / APPLICANT NAME: r,2► C -64SI If A LICANTPHONE: REQUESTED VACATION(applicant nazst check all that apply): A UtilityEasement 0 Right-of-way for al ley or streets and all utility easements located within the vacated right-of-way. 0 Alley 0 Street right-of-way I have been notified of the petition to vacate the following(alley,easement right-of-tvay),described as follows: General location I Address / � c! ��/ !t! F T 7-,6 VcG 4C Ad f �Nr� Anii<<1Jf� / C �� J''; '�) �!'%�='<Clt; �5� tiLvTd/v 1),g7, (ATTACH legal tlescriptiott acrd graphic represezztatio)t of)ohoi is being vaeateti-SURVEY) UTILITY COMPANY COMMENTS: 0 No objections to the vacation(s)described above,and no comments. U No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) Ki No objections provided the following conditions are met: If AT&T facilities are damaged or require relocation will be the responsibility of the property owner/developer. ;j. at of Uiility Company-Wepmentative Manager OSP Ping & Engrg Design Tide December 201; Pogo S Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 8 of 13 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: Ci r N'/r/ !!' / -r t� �C'✓C� fir„C APPLICANT NAIME: ,�;+: a T. Se#S"''f -APLIGA N'l PHONE: 7' ,o2 -,4nL16'.67 �T/1F�FSiC REQUESTED VACATION(applicant must check a l that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley Street right-of-way I have been notified of the petition to vacate the following(alley, easement,right-of-n,ay),described as follows: General location/Address /7Z C/' C �h!aa i� �� 6 7—G G i � 7 t t�j��i�f r�t/Le 7;>Z r(-,D eli;r'_e kt]' ,a) Al f��i,:%��` nnl r., �/,,�1•�pt:,�,,:��`.�! � _�/4� !, :.�*;�. �� ,� Cl;�:'. ,. f�'^ 'Sgtt (ATTACH legal description and graphic representation of whal is being vacated-SURVEY) UTILITY COiNIPANY CONInNIENTS: "'y No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the Following conditions are met: Signature FUtility Co p ny Representative Title Deceanber 2014 Page i Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 9 of 13 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASENIEiYT VACATIONS DATE: UTILITY COENIPAVY; APPLICANT' AMIE: �; �.i >- Sr;� �r AIsPL[CAiVT PHONE: REQUESTED VACATION(applicant nu,st check alt that npply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley Street right-of-way I have been notified of the petition to vacate the following(alley, easement,right-of-way),described as follows: General location/Address ! � t� fr +�=� 1-60 M y r'� `"tf�' �` :i „ � st;}t5t7 7? r7.'ti_ rol-.) / J",•°a ICJ ',} �� f` { ��^.��;�:_ d' (ATTACH legal description and graphic representntion of ivhat is being vacated-.y UR VE Y) J UTILITY COiv[PANY C0i[iNlENTS: No objections to the vacations)described above,and no comments_ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) 0 \o ob`ectians prose ded the following conditions are met: Sign ure of Utility Company Representative r�5 o PC a'^ t7 V'wI�L�i:C r ALL �Q,�e5 ��117��,_�,7 � � t`'L y( �.nq } � � ( �,14 j Title 31o, lzo (t; December 2014 Page i Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 10 of 13 UTILITY :APPROVAL FORM GOR RIGHT-OG-WAY,ALLEY,AND UTILITY EASEVIENT VACATIONS DATE: %n UTILITY COiNII?ANY: 7/''��7lr moi •_ r�,!( - �Cr`s P n APPLICANTNAME REQUESTED VACATION'(applicant nuts[check all that apply): i� Utility Easem ant Right-of-way for allay or streets and all utility easements located within the vacated right-of-way. Alley Street richt-of-way I hale been notified of the petition to vacate the following(alley, easement,rig)it-ol way),described as follows: 67-6 General location[Address I— Z-''-/ AC + ;i 7 r � � 1 2 i -7 f;:-14 i T i.E tf+�;4. �' li: ,d /t''.7'f7? �!Fi/. �J�'"'«J �JrJI 7 �C:/ ]) �:"T. h I 7:/) i :� / ? l 1 _ t )-s; ,7 r F:. 4 s, f 't !/ / r!�! )..°•I!'Ii�/irJ/-• f r may. t� .•y. �— 1i� a.7 [ J / �r'•1 rl�' (ATTACH legal description and graphic representation of what is being vacated-SUR VE Y) UTILITY COMPANY CON[NJENTS: No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) j No objections provided the following conditions are met: . 1 Sigr&u oft'ity Company Representative JJ /, Title December 2014 Page 5 Planning Commission March 28,2016 Agenda Item 2 16-5375 Seaside Pools Page 11 of 13 VAC16-5375 SEASIDE POOLS Close Up View 0 RSF-4 SUBJECT PROPERTY w a a T z z a 2 a CHARLEE ST W a o: O w - o! rvc w ADELAIDE LN H Legend ---� Shared-Use Paved Trail ......•• Neighborhood/Park Trail UverwelnNatural Surface Tr til VAC16-5375 - - - Fayetteville City Li nits - Footprints 2010 Design Overlay Di strict 0 375 75 150 225 300 Planning Commi ion ------ Planning Area Feet March 28,1016 Agenda m2 16-5375 Seaside Pools Page 12 of 13 ��"��`� `•' r�' ��...it�� ■J,��rte■ RRi•' ��#'#moi ' y"�,�4M�w�rrn �r�',J� if VAC 16-5375 �� _ .. 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The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 152 acres. The request is for modification of condition of approval #1 from the Fayetteville Row Houses (PPL 14-4847). RECOMMENDATION: Staff recommends denial of ADM 16-5379 with conditions of approval. BACKGROUND: Property: The overall Links at Fayetteville property contains 152.23 acres on the north side of Wedington Drive and east of Rupple Road, with frontage on both of those streets. In 2007 the City Council rezoned the property to R-PZD 07-2452 for the Links at Fayetteville project. This master planned project is approved-for 1,258 multi-family and single family dwelling units, as well as 91,800 square feet of non-residential commercial space, and 16,388 square feet of recreational buildings. Phase I of the project has been completed with the construction of approximately 600 multi-family dwelling units. Latter phases of the project have been approved and are under construction. Traffic Signal Assessment: The Links at Fayetteville Phase 1 Large Scale Development required a traffic signal warrant analysis to be conducted with each phase of development for the installation of two traffic signals, one at Wedington/Golf Club Drive and a second signal at Rupple/Golf Club Drive. The traffic signal analysis was completed for the second phase of the Links (Fayetteville Row Houses PPL 14-4847) and submitted to the Arkansas State Highway and Transportation Department. Wedington/Golf Club Drive: The signal warrants are met at Wedington/Golf Club Drive with existing traffic volumes. The continued build-out of the Links at Fayetteville will increase the need for a signal. However, the state has currently denied construction of a signal at Wedington/Golf Club Drive at this time primarily because it is located too close to other signals on Wedington. The signal warrant analysis did not assume build-out of the approved 78,200 sq. ft. of commercial and retail space on the Links at Fayetteville site and did not include build-out of the undeveloped and recently rezoned 11.30 acres of commercial/mixed use land directly adjacent to the south of the Links at Fayetteville along Wedington Drive. As the Links continues to be built out and more residential and non- fission Mailing Address: March 28,2016 113 W. Mountain Street www.fayettevilie-a1oolla Item 3 Fayetteville, AR 72701 16-5379 Links Row Homes Page 1 of 32