HomeMy WebLinkAbout2005-04-11 - Agendas - Final A RKANSR S
Taye I
THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISION
Monday,April 11,2005,5:30 p.m.
Room 219,City Administration Building
The following items will be considered:
Approval of Minutes from the March 14,2005 and March 28,2005 meetings.
New Business.
1.FPL 05-1387: Final Plat(PERSIMMON PLACE,438): Submitted by DAVE JORGENSEN for property located at
PERSIMMON STREET,W OF 46TH AND E OF BROYLES. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE
and contains approximately 58.01 acres. The request is to approve the final plat of a residential subdivision with 154 single family
lots proposed.
Property Owner: WALKER CONSTRUCTION ARC CONSTRUCTION Planner: SUZANNE MORGAN
2.CUP 05-1438: (LOT 83 COPPER CREEK 11,61/100): Submitted by ENGINEERING SERVICES,INC. for property located at
LOT 83 COPPER CREEK PHASE II. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and contains
approximately 0.49 acres. The request is to approve a tennis court(Use Unit 4)with associated parking and lighting in this zoning
district.
Property Owner: GARY BRANDON Planner: SUZANNE MORGAN
3.PPL 05-1431:Preliminary Plat(HICKORY GLEN S/D,403): Submitted by N.ARTHUR SCOTT for property located at NW
OF THE WEDINGTON AND LEWIS ST.INTERSECTION. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE
and contains approximately 4.12 acres. The request is to approve a residential subdivision with 17 lots and 16 single family homes
proposed.
Property Owner: MB HOLDINGS,INC. Planner: JEREMY PATE
4.LSP 05-1439:Lot Split(JB HAYS,373): Submitted by H2 ENGINEERING for property located at 1760 N STARR DRIVE. The
property is zoned RSF-1,SINGLE FAMILY- 1 UNIT/ACRE and RSF-4,RESIDENTIAL SINGLE FAMILY—4 UNITS/ACRE and
contains approximately 25.27 acres. The request is to divide the subject property into two tracts of 19.82 and 5.45 acres.
Property Owner: J.B.HAYS Planner: SUZANNE MORGAN
5.PPL 05-1437:Preliminary Plat(HAYS ESTATES,373): Submitted by H2 ENGINEERING for property located at THE WEST
BOUNDARY OF BARRINGTON PARKE,PHASE II. The property is zoned RSF-4,SINGLE FAMILY-4 UNITS/ACRE and
contains approximately 5.45 acres. The request is to approve a residential subdivision with 18 single family lots proposed.
Property Owner: J.B.HAYS Planner: SUZANNE MORGAN
6.RZN 05-1426: (EDWARDS/JED DEVELOPMENT,285): Submitted by MEL MILHOLLAND for property located at THE
FUTURE EXTENSION OF RAVEN LANE,N OF MT COMFORT,E OF SALEM. The property is zoned RSF-4, SINGLE
FAMILY-4 UNITS/ACRE and contains approximately 19.35 acres. The request is to rezone the subject property to RMF-12,
RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE.
Property Owner: JOE EDWARDS Planner: SUZANNE MORGAN
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 once of City Planning(575-8267),125 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
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission (Discussion &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.
2005 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Andy Lack
Sean Trumbo
Christian Vaught
FPL 05-1387
Page 1
e PC Meeting of April 11, 2005
ARKANSAS
THE CITY OF FAYETTEVILLE. ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Subdivision Committee Members
FROM: Suzanne Morgan, Associate Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April 7,2005
FPL 05-1387: Final Plat(PERSIMMON PLACE,438): Submitted by DAVE JORGENSEN
for property located at PERSIMMON STREET, W OF 46TH AND E OF BROYLES. The
property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately
58.01 acres. The request is to approve the final plat of a residential subdivision with 154 single
family lots proposed.
Property Owner: WALKER CONSTRUCTION ARC CONSTRUCTION
Planner: SUZANNE MORGAN
Findings:
Proposal: The applicant requests final plat approval for a residential subdivision for a 154 single
family lots. The property.:is zoned RSF-4 and is subject to a Bill of Assurance (see attached).
The property is adjacent to Persimmon Street to the south and 46"' Street to the east. Broyles
Road, a Collector street, bisects this property and like 4e Street provides access to Wedington
Drive.
The Bill of Assurance specified several requirements for installation of fencing around the
subdivision and entrance features,which the applicant is installing at this time. A condition of
the preliminary plat required that the required fences/entry features and landscaping as stated in
the Bill of Assurance be installed prior to final plat approval..oval. The applicant requests the
Planning Commission modify this condition of approval to state that these,improvements shall be
installed prior to application of signatures on the final plat. As the Planning Commission had the
authority to set the original condition, so too have it the authority to modify it.
Surrounding Zoning and Land Use:
Direction Land Use Zoning
North Single family residential and pasture R-A, Residential Agricultural
South Vacant; approved location of PPL for RSF-4,Res. Single-family—4 units/acre
Cross Keys Ph. It
East Vacant(Cross Keys Phase 1) R-PZD Cross Keys
West Single family residential R-A, Residential Agricultural
K.IRepons120051PCReports104-11-051FPL05-1387(Persimmon Place).doc April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.1
FPL 05-1387
Page 2
Water&Sewer: Water and sewer lines have been extended to serve development.
Right-of-way being dedicated:
Right-of-way for Persimmon Street, a Collector,Broyles Rd, a Collector,and 46h
Street, a Local Street, to comply with Master Street Plan requirements.
50' of right-of-way built to City standards for all interior streets.
Street Improvements: Construction of 46h and Persimmon to include widening to 14 feet from
centerline with curb, gutter, and storm drainage, damage to 46h during the construction of this
subdivision repaired by the developer at the developer's expense,and construction of nine inch
tall curbs installed along Broyles Avenue in order to allow for future overlays.
Parks:
■ PRAB recommended money in lieu of land for 154 single family units on October 7,
2002.
■ The Fayetteville Alternative Transportation&Trail Master Plan identifies Owl Creek as a
future trail corridor. Owl Creek runs along the west edge of Persimmon Place. An access
easement between lots 28 and 29 is recommended to provide pedestrian access from the
Owl Creek corridor to Persimmon Place. Parks and Recreation would like to work with
the developer and/or the Property Owners Association in the future to establish easements
or land to create this trail along Owl Creek.
• Fees are due in the amount of$85,470 prior to signing of final plat.
Tree Preservation: Existing canopy: 7.33 %
Preserved canopy: 6.1031%
Mitigation: Required
Recommendation: Staff recommends approval of FPL 05-1387 with the following conditions
of approval:
Conditions of Approval:
1. Compliance with the associated Bill of Assurance. Covenants must be filed with the final
plat which requires compliance. The covenants must provide for maintenance,of lot 155
which includes the detention pond. All fences, entry features and landscaping:required by
the Bill of Assurance must be in place prior to application of signatures on the final plat.
2. The installation of a fence/entry feature shall be coordinated with all appropriate utility
companies and City staff to ensure property placement for construction of perimeter
walls. Any fence installed shall be located a minimum 2' from the right-of-way.
3. A sign shall be posted at the stub-out of Windcraft Drive to indicate the future extension
of the street(coordinate with the Transportation Division). Proof of payment for the sign
prior to application of signatures on the final plat shall suffice.
4. A floodplain development permit is required prior to any work within the floodplain.
K.IReportsU005WReportsM-11-OSTFPL05-1387(Persimmon Place).doc April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.2
FPL 05-1387
Page 3
5. The construction or submittal of a guarantee for the installation of all sidewalks within
the development and along the entire property frontage shall occur prior to the application
of signatures to the final plat.
6. The developer shall install or guarantee(where applicable, pursuant to Chapter 158)
typical street improvements,to include curb and gutter, storm sewer, sidewalk, and street
lights with a maximum separation of 300' along the entire length of the property
(including all adjacent Master Street Plan rights-of-way).
7. The final plat shall be revised to reflect final comments/revisions from the Planning and
Engineering Divisions prior to the application of any signatures.
8. The applicant shall submit a copy of the protective covenants for this subdivision prior to
filing the document with the County Clerk.
9. Parks fees are assessed in the amount of$85,470 for 154 Single-Family Units prior to
signing of the final plat.
10. Prior to signing of the Final Plat, a payment into the Tree Escrow Account for tree
removal is required for your subdivision development per the Tree Preservation and
Protection Ordinance. The payment amount is based on development plans approved by
the Planning Commission,and equals$18,550.00.'A check or cash must be submitted to
the City Accounting Office prior to approval,of your Final Plat. On all checks please
place key code# 1125 and reference the project's name.This payment is non-refundable
and will be used to plant and maintain trees within close proximity to your development,
11. Pursuant to the Bill of Assurance offered when the subject property was rezoned, "the
developer shall install trees along the north property line extending from 4e Street west
500'." The tree caliper"shall be 2" diameter and spaced 30' apart where possible.
Existing trees in this area will be saved if possible." Said trees shall be planted and
inspected prior to the application of signatures to the Final Plat.
12. Subdivision area signage shall be permitted in accordance with applicable city codes.
13. A final project disk shall be submitted with all revisions at the time of recordation of the
final plat.
Standard Conditions of Approval:
14. 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, S WBT,Ozarks, SWEPCO, Cox Communications).
15. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage,water, sewer, fire protection, streets(public and private), sidewalks,
KIReports12005NCReports104-11-05TPL05-1387(Persimmon Place).doc April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.3
FPL 05-1387
Page 4
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.
16. All street names and addresses shall be approved by the 911 Coordinator.
17. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: April 11,2005
The "CONDITIONS OF APPROVAL",stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
K..1Reporis120051PCReportsl04-11-051FPL05-1387(Persim on Place).doc
April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.4
Ta've
#
PC Meeting of April 11, 2005
I ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
TREE PRESERVATION and PROTECTION REPORT Telephone:(479)575-8267
To: Fayetteville Planning Commission
From: Jeremy Pate, Landscape Administrator
Date: April 06, 2005
ITEM#: FPL 05-1387(Persimmon Place)
Requirements Submitted:
✓ Initial Review with the Landscape Administrator
✓ Site Analysis Map Submitted
✓ Site Analysis Written Report Submitted
✓ Complete Tree Preservation Plan Submitted
Canopy Measurements:
acres 57.72
square feet 2,518,509
a�
acres 4.23
square feet 184,487
percent of site area 7.33%
acres M6.03%
square feet
percent of total site area
FINDINGS:
Per the Planning Commission approval of PPL 03-01.00 for Persimmon Place,the developer is
required to contribute money into the Tree Fund in the amount of $18,550.00 to meet
mitigation requirements.
K1LeremylLandsmpe AdminIPROJECTWiau-20031PersimmontFPL-TreePreservalionReport-PCdoc April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.5
Recommendation: Staff recommends approval of the Tree Preservation Plan associated
with this project,with the following condition:
Conditions of Approval:
i. Prior to signing of the Final Plat, a payment into the Tree Escrow Account for tree
removal is required for your subdivision development per the Tree Preservation and
Protection Ordinance. The payment amount is based on development plans approved
by the Planning Commission, and equals$18,550.00. A check or cash must be
submitted to the City Accounting Office prior to approval of your Final Plat. On all
checks please place key code# 1125 and reference the project's name. This payment
is non-refundable and will be used to plant and maintain trees within close proximity
to your development.
2. Pursuant to the Bill of Assurance offered when the subject property was rezoned, "the
developer shall install trees along the north property line extending from 46a' Street
west 500'."The tree caliper"shall be 2"diameter and spaced 30' apart where
possible. Existing trees in this area will be saved if possible." Said trees shall be
planted and inspected prior to the application of signatures to the Final Plat.
K.UeremylLandsmpeA&nmiPROJECYWlau-2003WersimmonlFPL-TreePrese"aHonReport-PC.doc April 11,2005
. Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.6
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: 479-444-3472
TO: Suzanne Morgan, Associate Planner
FROM: Matt Mihalevich, Park Planner
DATE: March 30, 2005
SUBJECT: Parks& Recreation Subdivision Committee Comments
Meeting Date: March 31, 2005
Item: FPL 05-1387 Persimmon Place
Park District: SW
Zoned: RSF-4
Billing Name&Address: ARC Construction, Inc.
P.O. Box 339 Centerton;AR 72719'
Land Dedication Requirement Monet in Lieu
Single Family @ .024 acre per unit= acres 154 @$555 per unit=$85,470
Multi Family @ .017 acre per unit acres @ $393 per unit=$
Mobile Home _@ .024 acre per unit acres @$555 per unit=$
Lot Split @$555 per unit= $
COMMENTS:
■ PRAB recommended money in lieu of land for 154 single family units on October 7,
2002.
■ The Fayetteville Alternative Transportation&Trail Master Plan identifies Owl Creek as
a future trail corridor. Owl Creek runs along the west edge of Persimmon Place. An
access easement between lots 28 and 29 is recommended to provide pedestrian access
from the Owl Creek corridor to Persimmon Place. Parks and Recreation would like to
work with the developer and/or the Property Owners Association in the future to establish
easements or land to create this trail along Owl Creek.
■ Fees are due in the amount of$85,470 prior to signing of final plat.
April 11,2005
Planning Commission
FPL 05-1387 FPL 05-1387(Persimmon Place)
Page 1.7
(REVISED)BILL OF.ASSURANCE
FOR THE CITY OF FAYBTIEV 11,LE
The buyerdevelopei ofproperty located at the NW Comd of46°&Persimmon Sued MOM panicuterly described as
app,,dm tely 59-60 Acres in pan ofsedion 11 and pact ofseaion-l2 ofTl61-1;R3IW in Washington,County -
Arkansas hdeby w tuatarily offers this Bill of Assunazwe and eaters into this biodiag agreeorent and comma with dw
City of Faydtevilk,Arkme as.
The ped0oner expressly grants to the City ofb'aydteville the rightw cnturce any and all oftbe terms ofthis Bill of
Assurance in the Chvrcay/Circuit Court of Washington County and agrees that if eitioneror Pewances heirs,
assigns,or succeswrs violate any new,ofthis Bill ofAssurmcce substantial irreparable damagejustifyiog.injunctive
mhcfhw been daneIn the dthwas and City ofFaycawiile,Arkansas.The Pefldead acknowledges that the
Faye omile Planning Commtsawnand the Fayetteville City Council will reasonably rely upon all ofthe terms and
conditions within this Bill ofAssurance.
Petitiona hereby voluntarily offers assomaces that Petitiond and Petitioners property shall be restricted as follows;
1. The use of Petitioners property shall be limited to single-family only with 158 building lots maximum,
Minimum lot width shall be 80'at the setback It=except at curves and-1 de saes. -
2. Exterior ofhomes shall have WPI.brick, -
3. Minuuum house size shall be 1850 SF heated and We-ca nditioned space.
4. Each house shallhavc a 2-car garage.
5. All yards shall be sodded.
6. RoofphchshaBhe7"to 12"with architectural shingles
7. A decorative masonry and wood privacy fence six fed in height shall be installed along Persimmon&
461°sweet. -
8, There shall be I entrance emu 46th stmt and I onto Persimmon Sued and etch emrauce will be
landscaped and sted feuce installed similar In the lowers property.
9. All improvements shall be made to Persimamn&4e Sued as requited by the City.
10.. Quelily orconstmdioa ofall houses shall be reviewed and approved by an architectural commdlee.
It. Maintenance ofall common space shall he made by a Property Owners Association.
12. All mailboxes shall be detonative brick and identical throughout the project
-13. The developer shalt install trees along the north property Erre extending from 4e Sued west 500'.Sim
stWtbcrwdspeced30'apartwhempossible ExLs ngtteesin)hisareawillbcmvedifpossibie.
14. protective covenants shall be filed forcomcol ofall oftheabovabdus.
15. Petihond specifically agnea that all such restrictions and terms shall nm with the land and bind all
Rome owners unless and until specificallyreleased by Resolulwafthe Fayetteville City Council. This
Bill ofAssunmc shall be filed for record in the Washington County Circuit Clerk's Office and shall be
noted ou the Final Plat,which includessomeorall ofPetitionces Properly. -
' IN WITNESS WHEREOF,and to agreement with all the terms and conditions stated abovq as the owner, -
/deve/1yp�eryor buyer(Petitioner)voluntarily offer all such assurances.
Daze Date
'NOTARY OATB
_ STATISOFARKANSAS
COUNTY OF WASHINGTON
- And now on this day of tuana 2003,appeared before me,Cart Walk"and aft"beiag placed
' upon his oath swore or athrined tltaz they agreed with the tams of(lw Bill Assurance and signed their names above,
My Co—,Wa —^ '
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PROTECTIVE COVENANTS
PERSIMMON PLACE
FAYETTEVILLE,ARKANSAS
1. All single family lots residences must be a minimum of 1850 sq. ft. of living area
and must have a minimum of a 2 car garage.
2. No structure or building may be moved onto any lot to be used as a residence. No
building shall be erected or altered on any lot, until the design,plans, elevations,
location, and exteriors colors scheme have been approved in writing as to the
conformity and harmony of external design with existing improvements in the
addition by the developers.
3. All structures will have no less than a 7-12 roof pitch, with no less than an
architectural grade shingle. All structures will have a minimum of 80%brick
exterior.
4. Sidewalks must be completed before final inspection of house. Sidewalks must
be according to city specifications.
5. Utility easements are reserved over the lots in widths shown on the plat and are
for utility use only. Ownership remains to the lot owner; and must be maintained
by lot owner.
6. All residences must have off street parking drives that are a minimum of sixteen
(16) feet wide. There shall be no parking at any time in the front lawn of any
residence. A resident shall not, on a regular basis,park on street.
7. Any boat, R.V., camper, untagged or off-road vehicles must be parked in the
backyard, behind privacy fence. No trucks over one ton to be parked for over two
(2)hours.
8. No vehicle repairs are to be preformed in the driveway or front yard. All repairs
or maintenance of any kind must be done in the garage or rear yard. No
inoperative vehicle shall be permitted on any lot for a period in excess of seven
(7)days.
9. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
lot. Dogs, cats, or other household pets maybe kept and maintained, provided
they are not kept,bred, or maintained for any commercial purposes. Household
pets shall be maintained in a clean sanitary situation and shall not be noxious or
nuisance to the surrounding property owners.
April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.9
10. No structure or vehicle,such as a trailer,basement, tent, shack,garage, barn,
camper, mobile home, or other out building shall be used on any lot at any time as
a residence, temporarily, or permanently.
11. No satellite dishes shall be permitted in the front yard.
12. Front yard, including front porches shall not be utilized for storage of any items.
13. Owners of lots shall keep the same from unsightly accumulations of trash, and
shall keep weeds, grass, and underbrush cut to avoid fire hazards and unsightly
appearances. The entire yard is to be sod, and to be kept mowed.
14. All fences must be wooden privacy fence.
15. No sign of any kind shall be displayed to the public view on any lot except on
professional sign of not more than one(1)square foot, one sign of not more than
five(5)square feet advertising the property for sale or signs used by a builder to
advertise the property during the construction and sales period. No For Rent signs
permitted.
16. No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done which may be or become an annoyance or nuisance to the
neighborhood.
17. If any owner or occupant shall at any time, while covenants are in effect, violate
or attempt to violate any of these covenants, any owner of any part of the addition
may institute and prosecute an action at law or in equity against the persons
violating or attempting to violate any covenant, and may recover damages
resulting from the violation. Judicial or legislative action invalidation any one(1)
or more of these covenants shall not effect the remaining provisions which shall
continue in full force and effect. Any owner of any part of the addition is
specifically given the right to enforce these restrictions.
18. The owner of each residential lot agrees to be bound by the foregoing covenants.
Any party violating these covenants will be responsible for any attorney fees
incurred because of their violation.
19. The Covenants shall run with the land and be binding on the present owner and
all persons hereafter acquiring title in any manner to any part of Persimmon Place
Subdivision for a period of twenty five(25) years from February 15, 2005, after
which time,said covenants shall be automatically renewed for successive periods
of one year, unless at any time, an instrument signed be the then owners of a
majority of the lots shall be recorded agreeing to change the said covenants, in
whole or part.
20. Mailboxes to be brick.
April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.10
21. Persimmon Place Subdivision will have a P.O.A. (Property Owners Association).
The P.O.A. will be responsible for maintenance and mowing of common property
(Lot 155 also known as retention pond) as well as property located between fence
and curb to property line west of Broyles Avenue and beginning at the south
property line of Lot 40 continuing south to Persimmon. Entrance is to be
maintained with fence along 46`h Street and Persimmon maintained common
ground between the fence and curb as well. P.O.A. offices will consist of
developers until subdivision is complete and at that time will appoint three(3)
people inside subdivision to take over duties and responsibilities. P.O.A. annual
dues to be$50.00 per year due January 1 of each year and to be paid in full to
Persimmon Place P.O.A.
ARC Construction&Development, Inc.
Carl W. Walker, Vice-President
P. O: Box 339
Centerton, AR 72719
1 April 11,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.11
PPL 03-1.00
Page t
PC Meeting of March 24, 2003
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Persimmon Place,PPL
113 W. Mountain St
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU'- Dawn Warrick,Zoning and Development Administrator,A-LC.P.
FROM: Sara Edwards,Associate Planner
Matt Casey,Staff Engineer,P.E.
DATE: March 20,2003
Project: PPL 03-1.00: Preliminary Plat(Persimmon Place,pp 438) was submitted by Chris
Brackett of Jorgensen&Associates on behalf of ARC Construction for property located at the
northwest corner of 46 h.Street and Persimmon Place. The property is zoned R-1, Low Density
Residential and contains approximately 58.11 acres with 154 lots proposed.
Findings: The proposal is for a 154 lot subdivision. The property was recently rezoned and
is subject to a Bill of Assurance. Broyles Avenue is being extended to the north. Persimmon and
46'h are both being improved.
Tree Preservation: Existing: 7,33%
Proposed. 603%
Mitigation$ 18,500.00
Recommendation: Approval subject to the conditions listed below.
Conditions to Address/Discuss:.
1. Compliance with the associated Bill of Assurance. Covenants must be filed with the final
plat which require compliance_. All fences and landscaping required by the Bill of
Assurance must be in place prior to final plat approval.
2. All utilities shall be placed underground.
3. A floodplain development permit is required prior to any work in the floodplain.
4. The covenants must provide for maintenance of lot 155 which includes the detention
pond.
5. Planning Commission determination of required off-site improvements. Staff is
recommending that 46th and Persimmon be improved to include widening to 14 feet from
centerline with curb, gutter, and storm drainage.
6. Planning Commission approval of the associated Master Street plan amendment which
k IREPOR7312o03WCREPOR7SI03-241PPL03-1.00 PER3'gp'frli61,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.12
PPL 03-1.00
Page 2
adds Broyles as a Collector Street and changes 46"'Street from a collector to a local
street.
7. Any damage caused by trucks to 46h during the construction of this subdivision shall be
repaired by the developer at the developer's expense.
8. The proposed concrete privacy fence shall be six feet in height.
9. Nine inch tall curbs shall be installed along Broyles Avenue in order to allow for future
overlays.
10.. A 12 inch waterline shall be installed along Broyles Avenue within the subdivision in lieu
of requiring an 8 inch waterline within the subdivision and north to Wedington Drive.
The city will construct the remaining portion of the 12 inch waterline from this
subdivision boundary north to Wedington Drive. In the event that the city elects not to
construct the line,the developer shall construct an 8 inch line through this subdivision
north to Wedington Drive.
Standard Conditions of Approval:
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. Payment of parks fees in the amount of$85,470.00(154@$555)-
14. Sidewalk construction in accordance with current standards to include a minimum six
foot sidewalk with ten,foot g[eenspace along both sides of Broyles Avenue and the.north
side of Persimmon and a four foot sidewalk with a six foot greenspace along both sides of
Soapstone, Traildust, Homespun, Tumbleweed,Timeless and Windcraft,and the west
side of 46°i Street.
15. Preliminary Plat approval shall be valid for one calendar year.
Background:
The project was reviewed at the December 11, 2002 Technical Plat Review in which staff
requested substantial changes associated with Broyles Avenue and requested the developer wait
K IPEPOR7SI20031PCREPOR7SI03-241PPL03-1.00 PERSImm K
ApriWl,2005
Planning Commission
FPL 05-1387(Persimmon Place)
Page 1.13
PPL 03-1.00
Page 3
to resubmit until City Council support was in place for the proposal. The project was then re-
reviewed at the February 12, 2003 Technical Plat Review and the March 13, 2003 Subdivision
Committee meeting_
Discussion at the Subdivision Committee meeting included traffic,the master street plan and tree
preservation.
The Subdivision Committee forwarded the Preliminary Plat to the full Planning Commission
subject to all staff comments.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date-
Comments:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
K WEPOR M003 WC REPOR M03-24WPL 03-1.00 PERSIMMOMDOC
April 11,2005
- Planning Commission
FPL 05-1387(Persimmon Place)
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`J Miles
PC Meeting of April 11, 2005
ARKANSAS
s
THE CITY OF FAYETTEVILLE. ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Associate Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: April 6, 2005
CUP 05-1438: (LOT 83 COPPER CREEK II,61/100): Submitted by ENGINEERING
SERVICES, INC. for property located at LOT 83 COPPER CREEK PHASE II. The
property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains
approximately 0.49 acres. The request is to approve a tennis court(Use Unit) with
associated parking and lighting in this zoning district.
Property Owner: GARY BRANDON Planner: SUZANNE MORGAN
RECOMMENDED MOTION:
Staff recommends approval of the requested cultural and recreational4acility(Use
Unit 4) in the RSF-4 zoning district on the described property, subjecttoithe ,
following conditions:
1. Any applicable or necessary building permits shall be obtained prior to
construction.
2. ,All exterior lighting for the project shall be shielded, directed downward and
away from adjacent properties. All light poles shall be no greater than 20' in
height. Fixture drawings and specifications shall be submitted to the
Planning Division for approval, prior to installation.
3. A,planting plan shall be submitted to.screen the proposed use from adjacent
residential lots. A mixture of deciduous and evergreen shrubs and trees shall
be installed to screen the proposed use from lots 5,6, and 7 of Copper Creek
Subdivision Phase I and lots 30 and 84 of Phase II,specifically.
4. All trash dumpsters and/or containers shall be located and screened such
that they will not be visible from the street or adjacent properties.
5. Any utility equipment required for the operation of the proposed tennis
court shall be screened from the right-of-way utilizing vegetation and/or
materials compatible with the proposed facility.
April 11,2005
Planning Commission
CUP 05-1438(Lot 83 Copper Creek Ph.11)
K.Meportsl2005PC Reports104-11-051CUP 05-1438(Copper Creek 1L Lot 38).doc Page 2.1
6. Maintenance of the proposed tennis court on lot 83 is the responsibility of the
Property Owner's Association per conditions of the final plat for Copper
Creek Subdivision, Phase IL
7. Parking provided on site shall meet Parking Lot Design Standards such that
all vehicles shall exit in a forward motion. The maximum number of spaces
permissible shall be three standard spaces and one ADA parking space.
Location of the driveway shall be no closer than 40' to the intersection and
10' from any adjacent curb cut.
8. The required sidewalk adjacent to Hearth Stone Drive and Breakstone Drive
shall be shown adjacent to the right-of-way and through the driveway on the
site plan and constructed per Master Street Plan requirements.
9. No freestanding or monument signs are allowed within the RSF-4 zoning
district.
PLANNING COMMISSION ACTION: Required YES
Date: April 11,2005 O Approved O Denied
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 Description: On February 3, 2005,the Subdivision Committee approved the
final plat for Copper Creek Subdivision, Phase II. This subdivision is located at the
northwest intersection of East Zion Rd.and George Anderson Rd. The property is zoned
RSF-4 and consists of approximately 38.45 acres with 81 single family lots and 1 lot
designated common area and intended for development of a tennis court.
Proposal: The applicant is requesting approval for the use of a tennis court on Lot 83 of
the Copper Creek Subdivision,Phase IL The tennis court will be 7,700 square feet in
size and served by parking. Four light poles will be erected to illuminate the tennis court
after sunset and controlled by a switch located at the court. After 9:00 pm the court will
not be allowed for use. Maintenance of this lot is the responsibility of the Property
Owner's Association.
Parking: Required parking for a tennis court is two spaces per court. The applicant
proposes four parking spaces to be accessed by Hearth Stone Drive. A maximum three 11,2005
Planning Commission
CUP 05-1438(Lot 83 Copper Creek Ph.11)
K..-IReporisl20051PCReportsl04-11-05ICUP 05-1438(Copper Creekl{Lot 38).doc page 2.2
spaces are allowed per ordinance (2 spaces x 130%). To have less than five parking
spaces does not require a parking lot permit. However, to provide safe access onto a
local street, staff recommends that the location of the parking spaces meet Parking Lot
Design Standards (Chapter 172.04), which state that vehicles shall exit the parking lot in
a forward motion. The sidewalk shall be shown through the driveway on the site plan
and constructed per Master Street Plan requirements.
Request: Per condition of approval#10 of the final plat for Copper Creek Subdivision
Phase II, which states, "A tennis court(Lot 83)requires approval by the Planning
Commission as a Conditional Use in the RSF-4 zoning district,"the applicant requests
approval for a cultural and recreational facility, Use Unit 4,within the RSF-4 zoning
district. The proposed use is permissible within RSF-4 zoning district with conditional
use approval.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Vacant(Phase III) RSF-4,Res. Single-family, 4
units/acre
South Single Family homes Planning Area
East Vacant/Agricultural Planning Area
West Single-family residential RSF-4, Res. Single-family, 4 -
units/acre
GENERAL PLAN DESIGNATION: Regional Commercial
§ 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. Granta 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:
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.
April 11,2005
Planning Commission
CUP 05-1438(Lot 83 Copper Creek Ph. II)
K.Weports120051PCReports104-11-051CUP.05-1438(Copper Creek 71,Lot 38).doc Page 2.3
Finding: The applicant has submitted a written application requesting a
conditional use for a cultural and recreational facility (Use Unit 4)
within the RSF-4 zoning district and a proposed site plan for the
tennis court on Lot 83.
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 §161.07 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 conditional use will not adversely affect the;public
interest with the proper.controls in place to limit potential detrimental
impact associated with'tennis courts.. The establishment of a
recreational use for the benefit,of the residents within the Copper
Creek Subdivision will provide an opportunity for recreation and
promote community.
(c) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing
individual conditional uses; and
Finding: N/A
(2.) That satisfactory provisions and arrangements have
been made concerning the following, where
ii
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;
April 11,2005
Planning Commission
CUP 05-1438(Lot 83 Copper Creek Ph.1I)
K:IReports120051PC Reports104-11-051CUP OS-1438(Copper Creek ll,Lot 38).doc Page 2.4
Finding: The applicant currently proposes that parking for this use be
provided directly off of a local street. Staff recommends that a
driveway be provided in order to facilitate safe ingress and egress
from the property to the adjacent right-of-way.
(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: On-street parking is allowed and encouraged by city ordinance and
not subject to restrictions by covenants. The applicant proposes the
construction of four off-street parking spaces. A total three spaces are
permitted by ordinance. An additional ADA parking space will be
provided for a total of four spaces. The location of said spaces shall
be in conformance with the Parking Lot Design Standards to provide
safety for those vehicles entering and exiting the parking lot and for
those traversing Hearth Stone Drive.
Four light poles are proposed to be erected which will illuminate the
tennis court. All lighting shall be shielded and directed downward
and away from adjacent properties. All lighting fixtures shall utilize
full cut-off sodium fixturesi with a maximum height of 20 feet.
(c.) Refuse and service areas, with particular
reference to ingress and egress, and off-
street parking and loading,
Finding: Arrangementsforthe pick-up of any refuse generated on this lot shall
be coordinated with the Solid Waste Division. Any proposed trash
dumpsters and/or:containers shall be.enclosed,with access not visible
from the street or adjacent properties.
(d.) Utilities, with reference to locations,
availability, and compatibility;
Finding: Utility easements have been dedicated per the final plat to allow for
utility service to Lot 83. Any utility equipment required for the
operation of the proposed tennis court shall be screened from the
right-of-way.
(e.) Screening and buffering with reference to
type, dimensions,and character;
April 11,2005
Planning Commission
CUP 05-1438(Lot 83 Copper Creek Ph.I1)
K:IReportsld0051PCReports104-11-051CUP 05-1438(Copper Creek II Lot 38).doc Page 2.5
Finding: Staff recommends screening of the proposed use from adjacent
residential lots to the north and west with a mixture of deciduous and
evergreen trees and shrubs.
(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: No signs are permitted for this use within the RSF-4 zoning district.
(g) Required setbacks and other open space; and
Finding: The proposed site plan shows the construction of the tennis court
encroaching within 5' of the front setback adjacent to Breakstone
Drive. The court will be enclosed by a 10' tall powder coated chain
link fence. Chain link fences are allowed within the building setbacks
within the RSF-4 zoning district. No mesh covering is proposed on
the chain link.
(h.) General compatibility with adjacent
properties and other property in the district.
Finding: The proposed tennis court is compatible with the surrounding
residential use:At will provide for the recreational needs of the
community. This facility will be constructed in conjunction with the
surrounding lots,as this subdivision has just recently been platted.
April 11,2005
Planning Commission
CUP 05-1438(Lot 83 Copper Creek Ph.I1)
K.IReports120051PC Reports104d I-051CUP 05-1438(Copper Creek H,,Lot 38).doe Page 2.6
From Chapter 161 Zoning Regulations -
Fayetteville Unified Development Code (F) Height. None.
161.07 District Rsf-4,Residential Single- (G)Building area. On any lot the area
Family—Four Units Per Acre occupied by all buildings shall not
(A)Purpose. The RSF-4 Residential
exceed 40% of the total area of such
lot.
District is designed to permit and
encourage the development of low
density detached dwellings in
suitable environments, as well as to From Chapter 162 Use Units -
protect existing development of these Fayetteville Unified Development Code
types.
(B) Uses. 162.01 Establishment/Listing
(D) Unit 4. Cultural and
(1) Permitted uses. recreational facilities.
unit 1 Cit -wide uses b right (1) Description. Unit 4 consists of
units Single-family dwelling cultural and recreational .uses to .
serve the residents of the
community.
(2) Conditional uses. (2) Included uses.
Unit - City-wide uses by conditional use permit
Unit 3 Public rotection and utility facilities Auditorium,stadium.
Unit 4 Cultural and recreational facilities 'Art ggallery,museum -- - `
Unit 9 Two-family dwellings Cemetery
Unit 24 Home occupations Child care center, nursery - -
Unit 36 Wireless communications facilities. school
Church
College or university
(C)Density. Community center
Crematorium
Detention home
Single-family .Two-family Dormftory
dwellings dwellin s Eldercare
Units per 4 or less 7 or less - Hospital -
acre Mausoleum
Pla field,playground
Private club or lodge
(D)Bulk and area regulations. School: -Elementary
-Junior High
Single-family Two-family -Senior Hi h
dwellings I dwellings Swimming pool
Lot minimum width 70 ft 80 ft. Tennis court
Lot area minimum 8,000 s .ft. 12,000 sq.ft. Theater(legitimate)
Land area per 8,000 sq.ft. 6,000 sq.fL Zoo
dwelling unit
(E)Setback requirements.
Front I Side Rear
25 ft. 1 8 ft. 20 ft.
April ll,2005
Planning Commission
K:IReporrs12oo51PCRe orrsloa-u-oSlCUFos-1438 Co CUP 05-1438(Lot 83 Copper Creek Ph.II)
p (Copper Creek tt,Lot 38).doc
Page 2,7
Engineering Services, Inc.
1207 S. Old Missouri Rd. • -P.O. Box 282 • Springdale,Arkansas 72765-0282
Phone:479-751-8733 • Fax:479-751-8746
February 23, 2005
City of Fayetteville
113 W. Mountain
Fayetteville,AR 72701
RE: Conditional Use
Copper Creek Subdivision- Phase II
Fayetteville,Arkansas
Dear Sir or Ma'am:
On behalf of our client we request a conditional use for Lot 83 of Copper Creek Subdivision-
Phase II. Lot 83 is located along the western boundary of the subdivision on the north side of
Hearth Stone Drive and the west side of Breakstone Drive. The conditional use is to allow
construction of a tennis court on the lot,which is currently zoned RSF-4)and to allow additional
parking spaces to serve the court.
The tennis court will be 7,700 square feet in size, and served by parking located along the
north side of Hearth Stone Drive. There will be four parking spaces, one of which shall be
handicapped accessible. Fayetteville city code requires 2 parking spaces be provided for a tennis
court,half the proposed number of spaces.
There will be lights placed around the court to allow tennis after sunset. The lights will be
controlled by a switch located at the court. Peak use time for the court will be from 1:00 to 7:00,
and no use of the court after 9:00 will be allowed. Use is anticipated to be 2-4 players attanyone:
time,with up to 4 spectators in attendance.
The drawing submitted with this letter illustrates the location and layout of the proposed
tennis court. Please do not hesitate to contact me with any questions regarding this request.
Sincerely,
Brian J. Moore, P.E.
Secretany/Traiiisurer April 11,2005
Consulting Engineers and Surveyors Planning Commission
C9
Jerry W.Martin,P.E. E.Walt LeEevre,P.E. Philip C.Humbard,P.E.,P.L.S. Brian J.MVAQ.18
President Senior Vice President Vice President Secretary/Treasurer
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