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Home My WebLink About2002-11-25 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday,November 25, 2002 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 326,Fayetteville,Arkansas. Roll Call The following items will be considered: Consent Agenda: Approval of minutes from the November 12,2002 meeting 1. VAC 02-15.00: Vacation (Mallioux,pp 332) was submitted by Ross Mallioux for property located at 2309 Golden Oaks Drive. The property is zoned R-1, Low Density Residential and contains approximately 0.30 acres. The request is to vacate part of a utility easement(75.7 sq.ft.). New Business: 2. CUP 02-27.00: Conditional Use (Stout,pp 365)was submitted by A-Line Surveying, Inc. on behalf of Greg Stout for property located at 1541 Deane Street. The property is zoned R-1, Low Density Residential and contains approximately 0.59 acres. The request is for a Tandem lot. 3. LSP 02-46.00 (1002): Lot Split(Stout, pp 365 & 404) was submitted by Greg Stout for property located at 1541 Deane Street. The property is zoned R-1, Low Density Residential and contains approximately 0.92 acres. The request is to split into two tracts of 0.59 acres and 0.33 acres. 4. ADM 02-37.00: Administrative Item: An administrative item to consider amending the Bill of Assurance associated with RZN 02-17 (Mathias/Barnes) for property located south of Deane Street, west of Sang Avenue and east of Porter Road. The amendment would alter the number of single-family homes, duplexes, and four-plexes allowed in the proposed Skyler Place Subdivision. 5. PPL 02-17.00 (1028): Preliminary Plat (Skyler Subdivision, pp 403)was submitted by Dave Jorgensen of Jorgensen&Associates on behalf of Sam Mathias for property located south of Deane and between Sang &Porter. The property is zoned RMF-6, Low Density Multi-Family Residential and contains approximately 21.03 acres with 57 lots proposed. H:IUSEHSICOM40NIPLANNING12002 AGENDA P011-25-02.DOC 6. LSD 02-27.00 (1006): Large Scale Development(PJT Development, pp 435) was submitted by Glenn Carter of Carter Consulting on behalf of Bobby Hatfield of PIT Development for property located at the southeast corner of Wedington Drive and Double Springs Road. The property is zoned C-2, Thoroughfare Commercial and contains approximately 5.51 acres with 4 retail buildings proposed. 7. CUP 02-26.10: Conditional Use (Childs, pp 566)was submitted by Mac Childs for property located at 2220 E. Huntsville Road. The property is zoned R-1,Low Density Residential and contains approximately 0.93 acres. The request is to rehear the sidewalk conditions. 8. CUP 02-31.00: Conditional Use (L & E Equity, pp 177)was submitted by Dale Carlton on behalf of L &E Equity LLC for property located at 27 E. Millennium Dr. The property is zoned R-O, Residential Office and contains approximately 0.97 acres. The request is for 10 additional parking spaces. 9. RZN 02-39.00: Rezoning(Eldridge, pp 484)was submitted by Tim deNoble on behalf of John Eldridge, III for property located at 210 N. East Avenue. The property is zoned R-O,Residential Office and contains approximately 0.70 acres. The request is to rezone to C-3, Central Commercial. 10. RZN 02-40.00: Rezoning(Slone,pp 252)was submitted by Jerry Kelso of Crafton, Tull, j and Associates on behalf of David Slone for property located behind 3195 N. College. The property is zoned A-1,Agricultural, C-2, Thoroughfare Commercial, and R-1, Low Density Residential and contains approximately 8.84 acres. The request is to rezone to RMF-18, Medium Density Multi-Family Residential. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning (575-8264), City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330. H.IUSE"COMMONPLANNING12002 AGENDAIPCIII-25-01.DOC ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item- Chairman B. Presentation of request-Applicant C. Public-Comment D. Response by Applicant/Questions &Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item, raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member 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. Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the Planning Commission. 2002 Planning Commissioners: Lorel Aviles - Chairman Bob Estes-Vice Chairman Lee Ward - Secretary Nancy Allen Don Bunch Sharon Hoover Alice Church Loren Shackelford Alan Ostner YAC 02-16.00 Page l PC Meeting of November 25.2002 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Mallioux Easement Vacation 113 W. Mountain St. - Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members T1IRU: Tim Conklin,City Planner,A.I.C.P. FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: November 20,2002 Project: VAC 02-15.00: Vacation (Mallioux,pp 332)was submitted by Ross Mallioux for property located at 2309 Golden Oaks Drive. The property is zoned R-1,Low Density Residential and contains approximately 0.30 acres. The request is to vacate part of a utility easement (75.7 sq.ft.). Description: The property is located at lot 6, Block 16 of Phase II, East Oaks Addition. See the attached maps and legal descriptions for the exact locations of the requested easement vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric—NA Southwestern Electric Power Company-No Objections Arkansas Western Gas—No Objections SW Bell-No Objections Cox Communications -No Objections—"Any damage or relocation of existing facilities will be at the owner's expense." City of Fayetteville: Water/Sewer—No Objections Street Department-No Objections Solid Waste-No Objections Engineering—No objections. Recommendation: Approval of the proposed easement vacation 02-16.00. Planning Commission November 25, 2002 VACO2-15 Mallioux Page 1.1 VAC 02-16.00 Page 2 PLANNING COMMISSION ACTION: ves Required Approved Denied Date: Comments• CITY COUNCIL ACTION: ves Required Approved Denied Date: Planning Commission November 25, 2002 VACO2-15 Mallioux Page 1.2 RECEI'V'ED Ross Mallioux OCT 2 :_ 25�2 PLANNING D'U. October 21,2002 City of Fayetteville 113 West Mountain Street Fayetteville,AR 72701 RE: 2309 Golden Oaks Drive Gentlemen: Please find enclosed a City of Fayetteville, Arkansas Right-of-Way, Easement or Alley Vacation request form for my property located at 2309 Golden Oaks Drive. Also enclosed is a check in the amount of$200 for the vacation fee, the legal description of the area to be vacated, two sets of mailing labels for adjacent property owners, a copy of the plat of my property, a petition to vacate easement, comment forms of owners of property adjacent to easement to be vacated, and approvals from all utility companies concerning the easement to be vacated. As noted on the enclosed survey drawing of my residence, we would like to construct an addition to our home. This addition extends four feet into the 25-foot utility easement. However, as you can see on the drawing, this four-foot extension does not come close to any of the existing utility lines which were located by Arkansas One-Call. Additionally, there is approximately 100 feet of "green space"to the rear/south of our property that cannot be sold/developed,thus plenty of room for access to/for utility lines, and therefore, there is no adjacent property owner to the rear. I am requesting that this four-foot section of the easement be vacated. Please call me at 571-2000 if you have any questions with this regard. If approved, please return to me at the following address: Ross Mallioux C/O Beth Spencer First Federal Bank of Arkansas,FA P. O.Box 1545 Fayetteville,AR 72702-1545 Thank you for your assistance in this matter. Sincerely yours, L Ross Mallioux Enclosures Planning Commission November 25, 2002 2309 GOLDEN OAKS • FAYETTEVILLE ARKANSAS • 72703 VACO2-15Mallioux PHONE: 501 443 1955 • FAX: 501 442 6359 Page 1.3 PETITION PETITION TO VACATE AN EASEMENT LOCATED IN LOT 006,BLOCK 016,EAST OAKS PHASE II SUBDIVISION,CITY OF FAYETTEVILLE,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 easement hereinafter sought to be abandoned and vacated,lying in Lot 006,Block 016,East Oaks Phase II Subdivision, City of Fayetteville,Arkansas,a municipal corporation,petition to vacate an easement which is described as follows: (See Addendum A) That the abutting real estate affected by said abandonment of the alley are Lot 005,Block 016, East Oaks Phase II Subdivision and Lot 007,Block 016,East Oaks Phase II Subdivision, 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 easement. Dated this 2 day ofn ®Gt��e/2 2002. RV-S-5 10A111 ylik— printed name signature printed name signature Planning Commission November 25, 2002 VACO2-15 Mallioux Page 1.4 Addendum A PROPOSED ROMEADDITIONENCROACl9'MENTDESCRIPTION A PART OF LOT SIX(6), BLOCK SIXTEEN(16) OF THE FINAL PLAT OF PHASE TWO(2),EAST OAKS ADDITION TO THE CITY OF FAYETTEVMLE,ARKANSAS,AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT SIX(6), SAID PANT BEING AN EXISTING IRON; THENCE N00016'59"W ALONG THE EAST LINE OF SAID LOT SIX(6)25.00 FEET TO THE NORTH LINE OF A UTUXIY EASEMENT WHICH IS TWENTY-FIVE (25)FEET IN WIDTH; THENCE N89055'28"W ALONG TEE NORTH LINE OF SAID UTILITY EASEMENT 12.57 FEET TO THE PROPOSED EAST WALL OF A HOME ADDITION FOR THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG THE NORTH LINE OF SAID UTILITY EASEMENT,N89055'28"W 17.60 FEET TO THE PROPOSED WEST WALL OF SAID HOME ADDITION;THENCE LEAVING THE NORTH LINE OF SAID UTILITY EASEMENT S00018'2517E 4.36 FEET TO THE SOUTHWEST CORNER OF SAID PROPOSED HOMEADDITION,THENCE NB9041'35"E 17.60 FEET TO THE SOUTHEAST CORNER OF SAID PROPOSED HOME ADDITION; THENCE N00018125"W 4.24 FEET TO THE "`°``POINTOF]BEGINNING,CONTAINING75.7 SQUARE FEET,MORE OR . .GESS... :; .. Planning Commission November 25, 2002 _ - VACO2-15 Malliouc Page 1.5 VACO2-15.00 MALLIOUX Close Up View 8 a ED w o � N O O u 0 W El TALL OAKS DR R4 0 R-9oil IT a x m Y� GOLDEN OAKS OR - O GOLDEN OqK �~ a DR . "•. `� Lam'— . SUBJECT PROPERTY 0 Ica o a 0 aq�µ a-z 15 o y Q N N < KANR N RY g w � o R•D 3 KANTZ COVE - uS Overview . Legend Subject Property ._ VACO2-15.00 Boundary 11�Remo GB M. ' . g0000 Orerlay tlstrlct .�y-n..n�m...n 0000. wM.wx�n+ Da�� lanningCommission 0.0„ November 25, 2002 0 75 150 300 450 600 VACO2-I5 Malliouc --.. 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I / • Iii� `�li..u��•l�iii�..l �� I`IIIIIII.Ia,.�`♦1■■. ►IN ��'�i�■„'_t� ��iii�4�j��♦,;.;tI'�� ►•� -��.�i1,�`►• � �`-�, MR H- plat Planning Commission November 4� s • 1/ , ux Page 1.7 �� wR 'A+ GOLDEN OAKSDRIVE (ASPHALT) ae -onm _ on�o,nv R/V______ N81r"'019E [..: 100.00' __ __R/V - 29.3' I 20.1' 25' BLDG rTRAr.K _ _ m 4 14N 13.2 J N h ell m 21.0' 5.9' _ 21.0' RAD I STORY BRICK Zi 9.4V R: HOUSE 82309 - 2.00' 12.0' 12'. 110 . 27.8' V./. e _ Z NEV I W A991TIMS n 25' UTIL ESMT. i0 — — — — — — — E E E E 4 T__ X T X ? h — N89'' 100.00' Q TELEPHONE PEDESTAL LOT NUMBERED SIX(6)IN BLOCK NUMBERED SIXTEEN(16) } COMPUTED CORNER OF THE FINAL PLAT OF PHASE TWO(2),EAST OAKS ADDITION 19 CABLE TV BOX TO THE CITY OF FAYETTEVILLE,ARKANSAS;AS PER PLAT OF IRON PIN FOUND SAID ADDITION ON PILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS. % GAS METER —E—E— ELECTRIC LINE OWNER:ROSS MALLIOUX. —R—if— FENCE ' —G—G— GAS LINE —T—T— TELEPHONE LINE - ADDRESS:2309 GOLDEN OAKS DRIVE FAYETTEVILLE,ARKANSAS - 0' 20' 40' 60' ROSS MALLIOUX DRAIN DATE ALAN REID d ASSOC.- JCC 081f 9102 118 S. COLLEGE AVE. APPROVED DATE. PAYETTEVILLS,-AR. - )' 478-444-8784 SCALE SHEET PROJECT NO. It- < 20' loft 02848 - anning Commission November 25, 2002 VACO2-15 Malliouz Page 1.8 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing, Associate Planner THRU: Tim Conklin,A.I.C.P, City Planner DATE: October 10, 2002 CUP 02-27.00: Conditional Use(Stout, pp 365) was submitted by A-Line Surveying, Inc. on behalf of Greg Stout for property located at 1541 Deane Street. The property is zoned R-1, Low Density Residential and contains approximately 0.59 acres. The request is for a tandem lot. LSP 02-46.00 (1002): Lot Split (Stout,pp 365 & 404)was submitted by Greg Stout for property located at 1541 Deane Street. The property is zoned R-1, Low Density Residential and contains approximately 0.92 acres. The request is to split into two tracts of 0.59 acres and 0.33 acres. RECOMMENDED MOTION: Approval subject to the following conditions: 1. Construct a 30-foot by 40-foot hard surface vehicular turnaround equivalent to SB-2 base or better at the end of the private drive and execute a written agreement granting the City permission to enter upon the private drive and turn around with sanitation vehicles; or construct a masonry garbage can holder, with screening, for each garbage can to be used, which garbage can holder shall be constructed alongside the street onto which the private drive leads. 2. No vehicles shall be parked at any time on that portion of a tandem lot utilized as a private drive or on the vehicular turnaround required by condition one. The dwelling structure on a tandem lot shall not be located more than 200 feet from the end of the private drive nearest the structure. 3. A minimum building setback requirement of 20 feet from all property lines and 25 feet from all street right-of-way lines. 4. Property owner shall construct a 25' private drive and shall be paved 25' from the intersection of Deane Street. 5. Only one single-family house shall be constructed and the existing shed shall not be enlarged. G:IPLANNINGIREPORTSIPCREPORTS2002WOVEMBERIII-251STOUT_CUP02-23DOC -- - Planning Commission November 25, 2002 CUP02-27&LSP02-46 Stout Page 2&3.1 6. The single family house shall be located within required yards as shown on the submitted site plan. 7. The private drive shall be no closer than 5' to the side property lines. 8. At the time the Tandem Lot is developed, a cash contribution of$630 in lieu of sidewalk construction is required. PLANNING COMMISSION ACTION: Required PES O Approved O Denied Date: October 14, 2002 Comments: The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property Characteristics: The subject property is .59 acres located south of Deane Street. A 1,921 square foot single family house and 356 square foot shed exist on the lot. The shed is located at the southwest corner of the property. A quit claim deed was filed with the County Recorder of Deeds on Nov. 17, 2000. The bearings on that deed indicate two lots as proposed in this request. The lot split for this property was reviewed at the Technical Plat Review meeting on October 2, 2002 and the November 14 meeting of the Subdivision Committee. In August 2002,the City received a complaint regarding this property. The complaint included unlicensed vehicle and outdoor storage. It was initially inspected on August 19, 2002 and the City began working with Mr. Stout to clean up the property. As of September 26,2002, community code enforcement staff found the property to be neat and well kept. They did find three truck fronts and one trailer. On November 19, 2002,planning staff inspected the site and found it to be substantially in compliance with regard to vehicular and outdoor storage. Two properties to the east are long lots similar in size and shape to the subject property. The parcel immediately to the west has been split and has single-family structures on each lot. H:IUSERMCOMMOMPLANNINGWEPOR71,-CREPORTS2002WOPEMBER111-251STOUT CUP02-23DOC Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.2 Proposal: The applicant would like to split the lot to construct a 1200 square foot single family house on the south portion of the property. The existing shed is to remain and eventually a two car carport would be added. Request: The applicant is requesting a lot split and conditional use for a tandem lot. In order for the city to approve a building permit, the tandem lot must be approved by the Planning Commission. Public Comment: Staff has received a letter from an adjacent property owner. The resident has concerns about the request for a tandem lot because of recent unresolved code violations that have been reported on the subject property. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Vacant No Zoning—county South Recreation-Lewis Soccer Park P-1 Institutional East Residential—single family R-1 Low Density Residential West Residential—single family R-1 Low Density Residential GENERAL PLAN DESIGNATION Residential § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: H.IUSERSICOMMONIPLANNINGIREPORTb1PCREPORTS2002WOVEMBERl11-251STOUT CUP02-23DOC Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2,&3.3 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting to construct a single family house on a tandem lot. 2. The applicant shall pay a filing fee as required under Chapter 159 to cover the cost of expenses incurred in connection with processing such application. 'Finding: The applicant has paid the required filing fee. 3. The Planning Commission shall make the following written findings before a conditional use shall be issued: (a.) That it is empowered under the section of this chapter described in the application to grant the conditional use; and Finding: The Planning Commission is empowered under§163.28 Tandem Lot Development to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Granting the tandem lot will not adversely affect the public interest. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; H.IUSERSICOMMONIPLANN/NGVREPORTSIPCREPORTS2002WOVEMBERIII-251STOUT CUP02-23DOC Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.4 Finding: The property owner shall construct a 25' private drive which shall be paved 25' from the intersection of Deane Street. At the time the Tandem Lot is developed a cash contribution in lieu of sidewalk construction will be required. $630 for a single family home or$720 for a duplex per ordinance No. 4387. (b.) Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; Finding: N/A (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: N/A (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Utilities exist on site. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: N/A (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Finding: N/A (g.) Required yards and other open space; and Finding: The existing shed does not meet yard requirements. It is a legal nonconforming structure and shall not be expanded or enlarged. If it is torn down,it shall be located to meet the yard requirements. The site plan shows the proposed house and carport to meet the required yards for the zoning district and a tandem lot.The building area is approximately 6% of the lot, which is less than the 40% buildable area requirement. Hi USERSICOMMOMPLANNINGIREPORTSIPCREPORTS2002WOVEMBERUI-251STOUT CUP02-23DOC Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.5 (h.) General compatibility with adjacent properties and other property in the district. Finding: The tandem lot is compatible with adjacent properties and other properties in the district. §163.28 TANDEMLOT DEVELOPMENT. A. Where Allowed. Tandem lot development shall be permitted for single-family dwellings only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. Finding: The proposed tandem lot is in zoned R-1 Low Density Residential,which permits single-family dwellings. The proposal does not include a tandem lot behind another tandem lot. B. Requirements. Before any conditional use for tandem lot development shall be granted,the Planning Commission shall determine that: 1. Tandem lot development will not significantly reduce property values in the neighborhood. In determining whether property values will be significantly reduced,the Planning Commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots. Finding: Granting the conditional use for a tandem lot should not significantly reduce property values. Two properties to the east of the subject area are long approximately one acre lots. The property adjacent to the west has been split into approximately two one-half acre lots. 2. The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166, is not feasible. Finding: The proposed tandem lot will not meet the requirements of subdivision into a standard block. 3. The tandem lot will have access to a public street by way of a private drive with a minimum width of 25 feet of equal and uniform width. The tandem lot owner shall be responsible for maintaining said 25-foot private drive so that sanitation and emergency vehicles have safe access to the dwelling located on the lot. The tandem lot owner shall have title to, or a perpetual private easement in, K9USERSICOMMONIPL4NNINGIREPOR7'SIPCREPORTS2002WOVEMBER111-2513TOUT CUP01-23DOC Planning Commission November 25, 2002 CUP D2-27&LSP02-46 Stout Page 2&3.6 the private drive. If the private drive intersects a paved street, the private drive shall be paved for a minimum distance of 25 feet from said intersection. Finding: The tandem lot will have access to Deane Street. This item shall be a condition of approval. 4. The safety zone between the private drive of a tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts in the standards for street design of Development, Chapter 166, for streets having a use designation higher than collector,the standards for collector streets shall apply. Finding: Deane Street is a Minor Arterial. The drive shall be no closer to the side property lines than 51. 5. The tandem lot, excluding the 25-foot private drive,will conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portion of the lot having less than the required minimum width.No structure shall be placed on any portion of a tandem lot having less than the required minimum width. Finding: The tandem lot has a width of 130', meeting the 70' width requirement for the R-1 district. The lot area is 19,500 square feet, meeting the minimum requirement of 8,000 square feet. These calculations do not include the area that does not meet the width requirements. The structure is proposed on a portion of the lot that meets the width and area requirements. C. Setback. Each tandem lot shall have a minimum building setback requirement of 20 feet from all property lines and 25 feet from all street right-of-way lines. Finding: The setbacks shown on the submitted survey meet these requirements. D. Vehicle/Private Drive. No vehicles shall be parked at any time on that portion of a tandem lot utilized as a private drive or on the vehicular turnaround required by Subsection E. below. The dwelling structure on a tandem lot shall not be located more than 200 feet from the end of the private drive nearest the structure. Finding: This shall be a condition of the conditional use approval and shall be shown on a site plan prior to building permit. E. Certificate of Occupancy. Before a certificate of occupancy is issued for a dwelling located on a tandem lot, the property owner shall: H:IUSERSICOMMOMPLANNINGIREPORTSIPCREPORTS2002WOVEMBERIII-251STOUT CUP02-23DOC Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.7 1. Construct a 30-foot by 40-foot hard surface vehicular turnaround equivalent to SB-2 base or better at the end of the private drive and shall execute a written agreement granting the City permission to enter upon the private drive and turn around with sanitation vehicles; or 2. Shall construct a masonry garbage can holder, with screening, for each garbage can to be used,which garbage can holder shall be constructed alongside the street onto which the private drive leads. (Code 1991, §160.091; Code 1965, App. A,Art. 7(21); Ord.No. 1747, 6- 29-70; Ord.No. 1993, 3-19-74; Ord.No. 2693, 1-6-81) Finding: This shall be a condition of the conditional use permit. H:IUSERSICOMMONIPLANN/NGVtEPORTSIPGREPORTS2002WOVEMBERIII-251STOUT CUP02-23DOC Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.8 From Chapter 161 Zoning Regulations total area of such lot. Fayetteville Unified Development Ordinance (Code 1991, §160.031) § 161.04 DISTRICT R-1: LOW DENSITY RESIDENTIAL. A. Purpose. The Low Density Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments,as well as to protect existing development of these types: B. Uses. 1. Permitted Uses. Unit I City-Wide Uses by Right Unit 26 Single-Family Dwelling 2. UsesPermissible on Appeal to the Plannin,7 Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 8 Single-Family and Two-Family Dwellings C. Density. SINGLE-FAMILY TWO FAMILY DWELLINGS DWELLINGS 4 or Less Families Per 7 or Less Families Per Acre Acre D. Bulk and Area Re ulations. Single-Family Two-Family Lot 70 ft. 80 ft. Minimum Width Lot Area 8,000 sq.ft. 12,000 sq.ft. Minimum Land Area 8,000 sq.ft. 6,000 sq.ft. Per Dwelling Unit E. Yard Requirements feet). FRONT SIDE YARD REAR YARD YARD 25 8 20 F. Building Area.On any lot the area occupied by all buildings shall not exceed 40%of the H IUSERSiCOMMONIPLANNINGIREPORT'SIPCREPORTS2002WOVEMBERIII-25ISTOUT CUP02-23DOC Planning Commission - November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.9 Ran-GENE® 200 28 September 2002 PLANNING DIV. Tim Conklin, City Planner City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Re: CUP 02-27 Stout Dear Tim Conklin: I am in receipt of your official notice about the request for a conditional use tandem lot application by Greg Stout. I have lived adjacent to Mr. Stout for many years. He has been a kind, thoughtful, and considerate neighbor. I would like to support his application, but the caveat to the above is that approximately a year and a half ago, Mr. Stout initiated any number of zoning and code violations. In the interest of property values and my choice to live in an R-1 neighborhood because of it's low density and exclusion of commercial enterprise, I would like to have assurance that those violations will permanently end. Those violations are: multiple RVs on front and rear property(in use for residence or for sale), operation of a used car lot from the front and rear property, and conversion of an unfinished outbuilding on the southwest corner of the proposed tandem lot(in the required setback area for a single family lot) into living space. Sincerely, 7� r� Rebecca Bryant 1553 Deane St. Planning Commission - November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.10 St � tj l� , �„" �,c. e, /07� .. Lem ✓� ��1fDlN� S �et/� v Ory 0 (�NU aJ / 'a c 6j GNB 4A/ Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.11 —• FROM JRMDP FAX NO. 1 b. 14 2002 09:22RM P2 { E O 8 MODEL 120 2 . Planning Commission November 25, 2002 CUP 02-27&LSP02-46 Stout Page 2&3.12- a_^7 777----II---------------II--7777---------�--7777------ . COVERED PORCH Woe Yds°� Y4wf'e ta•a'a• tear• as SINK • :D.19. e 0 DMINfa KITCHEN 2 HWT Q DEDROOM STOVE W D 'v tr• e O 13ATH p . G o ti BATH w re re W LININS {'-9°. ROOM e� 'b,• CebRcc.l-I -Q MAOTUR BEDROOI"i ' n 0 y 9 9 Ya•.Ye rs.to' re•.se ie.re re'w so' re.ta• R'3. •moi' 14'76" 13'.9. O COVERED PORCH m CF-=7777----_ D__ --- ------'=.b=----- FLOOR PLAN 1204 SQ FT. 3 Planning Commission November 25, 2002- CUP 02-27&LSP02-46 Stout Page 2&3.13 • s 1 CENTER NL DEA NE STRETET i OF ASPHALT 11.3' 1 22.0' R/W R/W UNE - 9'46'96"E 589'46' "E 3 TRACT ONE _ 90A0.-T .T 46_ �. I Q ' ' _ Rpm ORNE 44.7• I "�.". . WALK , 12 00' 21 40'c� 22.50'.18.10' 12.3' m SINGLE STORY vii AC - BRICK AND FRAME HOUSE n P CAR PORT #1541 1' 63.40' _ o .I . fLK ••39�0 .."1J I K I•� i CONCRETE PATIO i Im IJ SWI/4,SE1/4 8.0`f �I TRACT ONE 0.33 ACRES± 220 It T 90.00' � ri 20.0' TRACT TWO o 0.59 ACRES± P O m g + SW1/4,SE1/4 5-16-30 � d SHED T 4.1' 20.0' 130.00' �`'� T TWO 10.8' /t�I �S �� / �� ) / Planning Commission �9L7t U 9 ^5 November 25, 2002 CUP -27&LSP02-46 Stout ,HESOUTHEAST ( J C Page 2&3.14 CTEEN(16)NORTH, E.ARLYDF.SCR'RED AS LSP02-46.00 STOUT Close Up View SUBJECT PROPERTY o v_ IM SERVATION REAP DR 3 ; . c { Overview Legend r Subject Property LSP02-06.00 Boundary '%O flaring Afaa N,wse..iri., 00000 ,�. oOvula,DWd 00000 n�a+r.W cnyumm _ Oabdady [anningCommission h r=- `�T ' •••��- November 25, 2002 0 75 150 300 450 600 CUP 02 7&LSP02-46 Stout Peet Page 2&115 - I � . 11 • SHE Emi ,NO Vol I® Is �nmm�nl�� ••'��•• 1 m■uun■ nnnnm IF I nnnmm�� •''� u ( . !��nme■,„n,L � �� u final...��1.� ii, gmmm�,unl_n.�II11111111i:■ / �. 1rW�,, REM I 141' j -- _��., _ - 1111 ---�L..1......■. 11111® ■111 0,•.l6iW- P.u1nMu '�,pnS �L''�i ��-'U. 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Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Sara Edwards,Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: November 21,2002 ADM 02-37.00: Administrative Item: An administrative item to consider amending the Bill of Assurance associated with RZN 02-17 (Mathias/Barnes) for property located south of Deane Street,west of Sang Avenue and east of Porter Road. The amendment would alter the number of single-family homes, duplexes, and four-plexes allowed in the proposed Skyler Place Subdivision. RECOMMENDATION: Staff recommends the Planning Commission forward this item to the City Council with a recommendation. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: November 25, 2002 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: December 17, 2002 Comments: BACKGROUND: This property was rezoned on August 20,2002 from R-1 to RMF-6. A Bill of Assurance G:IPLANNINGIREPORTSIPCREPORTS2002WOVEMBER117-2519DM02-37_SKYLER.DOC Planning Commission Novemher 25, 2002 ADM02-37(Mathis/Barnes) Page 4.1 was offered as part of the proposed rezoning. The Bill of Assurance outlined the exact number of units that would be allowed on the site as well as the number of single-family homes, duplexes, and four-unit condominiums and the locations of each. Due to an unanticipated amount of area needed for detention four duplex lots were lost based upon what was proposed originally with the rezoning. In order to make up for the lost lots and dwelling units the developer has proposed the following changes: Change the use of lots 1 and 10 from Single-Family Residential to 4 unit condominium. Change the maximum number of units allowed on lots 56 and 57 from five to seven. NOTIFICATION: All adjacent property owners were notified of the large scale development by the developer and by the Planning Commission. The large scale development notice was published in the paper. The developer notified property owners directly affected by the change in the Bill of Assurance. The Planning Division notified property owners directly affected by the change. The Asbell Neighborhood Association President notified all members with email addresses via email of the proposed changes. Staff notified the Asbell Neighborhood Association via email of the proposal and the meeting dates. CONDITIONS: 1. The revised Bill of Assurance offered by the owner shall be amended to include the addition of hedges along lots 1 and 10 adjacent to Porter and Sang. G:IPLANNINGIREPORTSPCREPORTS2002WOVEMBERVI-251ADM01-37_SKYLER.DOC Planning Commission November 25, 2002 ADM02-37(Mathis/Barnes) Page 4.2