HomeMy WebLinkAbout2006-02-13 - Agendas - Final113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, February 13, 2006, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Approval of the minutes from the January 23, 2006 meeting.
Consent:
1. LSP 06-1912: Lot Split (LINDSEY, 259): Submitted by DAVE JORGENSEN for property located at
3141 DOYNE HAMM RD. The property is in the Planning Area and contains approximately 8.59 acres.
The request is to divide the subject property into two tracts of 6.34 and 2 25 acres.
Property Owner: Otis Stobaugh
Submitted on behalf of: Lyndy Lindsey Planner: SUZANNE MORGAN
2. VAC 06-1914: (JOHNSON, 256): Submitted by MCGOODWIN, WILLIAMS & YATES, INC. for
property located at E OF ROM ORCHARD RD., N OF OLD SKILLERN RD. The property is zoned R -A,
RESIDENTIAL -AGRICULTURAL and contains approximately 0.33 acres owned by Johnson and Rice.
The request is to vacate a 20' utility easement. Planner: SUZANNE MORGAN
Old Business:
3. MDP R-PZD 05-1636: Master Development Plan Residential Planned Zoning District
(WELLSPRING, 400/401): Submitted by Critical Path Design for property located at Rupple Road and
Hwy 16. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE AND R-
A, RESIDENTIAL AGRICULTURAL, and contains approximately 152 acres. The request is to approve a
Master Development Plan - Planned Zoning District for a mixed-use community of residential and
commercial uses, not to exceed 1,175 dwelling units and 548,000 square feet of non-residential space.
Planner: JEREMY PATE
4. CUP 06-1893: (SMITH 2-WAY/LEVERETT, 405): Submitted by SMITH 2 -WAY RADIO for property located
at 1250 N LEVERETT AVENUE. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and
contains approximately 2.04 acres. The request is for a wireless communications facility on the subject property.
Planner: SUZANNE MORGAN
New Business:
5. R-PZD 06-1883: Planned Zoning District (ABSHIER HEIGHTS, 407): Submitted by 112
ENGINEERING, INC. for property located S OF EVELYN HILLS SHOPPING CENTER ON ABSHIER
AND HILLCREST. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 4.11 acres. The request is for a Residential Planned Zoning District with 30 multi -family
dwelling units. Planner: JESSE FULCHER
6. ADM 05-1893: Administrative Item (BY-LAW AMENDMENT): Submitted by Planning Staff to
amend the Planning Commission bylaws to specify the amount of presentation time for both citizens and
the applicant. Planner: JEREMY PATE
7. CUP 06-1913: (PENGUIN ED'S, 523): Submitted by ED KNIGHT for property located at 230 S
EAST AVENUE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.56
acres. The request is to approve an existing non -conforming use of a restaurant (Use Unit 13: eating place)
in the R -O zoning district. Planner: ANDREW GARNER
8. ADM 06-1937: Administrative Item (ARCHIBALD YELL BOULEVARD ROW DEDICATION
VARIANCE): Submitted by Planning Staff for property at 230 S. EAST AVENUE, Penguin Ed's B & B
Barbeque requesting a variance of the Master Street Plan right-of-way for Archibald Yell Boulevard (State
Highway 71 Business) in the manner indicated to allow the existing building footprint to remain within the
right-of-way.
Property Owner: EMPEROR INVESTMENT, LLC Planner: ANDREW GARNER
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 (575-8267), 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.
2006 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Audy Lack
Sean Trumbo
Christian Vaught
PC Meeting of February 13, 2006
THE CITY OF FAYE.TTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: February 7, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
LSP 06-1912: Lot Split (LINDSEY, 259): Submitted by DAVE JORGENSEN for property
located at 3141 DOYNE HAMM RD. The property is in the Planning Area and contains
approximately 8.59 acres. The request is to divide the subject property into two tracts of 6.34
and 2.25 acres.
Property Owner: Otis Stobaugh
Submitted on behalf of: Lyndy Lindsey Planner: Suzanne Morgan
Findings:
Property & Proposal: The site is located north of Mission Boulevard and Shelton Road. The
property has access to the public right-of-way from a private drive under separate ownership.
The applicant requests to subdivide the 8.59 -acre tract into Tract A and Tract B of 6.34 acres and
2.25 acres respectively. This is the first lot split requested on the property. The property and all
surrounding properties are within the Planning Area. Property to the north was recently
approved for the development of Hamm Subdivision (or Horsebend Estates) preliminary plat.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Rural Single Family Residential (approved PPL
for further development)
Planning Area
South
Rural Single Family Residential
Planning Area
East
Rural Single Family Residential
Planning Area
West
Rural Single Family Residential
Planning Area
Right-of-way dedication:
The property is not adjacent to any existing city right-of-way. Dedication of the adjacent private
drive would provide public access to the property and would provide public lot frontage to the
property. However, the property on which the private drive is located is owned by two separate
property owners, the Hamms and Sheltons. The applicant has submitted two filed access
easements from the Hamms and Sheltons that gives legal right to the Stobaugh family to utilize
the private drive. Improvements to this private street were required as a condition of approval
for Hamm Subdivision.
The Master Street Plan indicates Sagely Lane, a Minor Arterial street, extending through and
terminating within the subject property. Sagely Lane has been extended west of Gulley Road
K:9 Reports120061PC Reports102-13-061LSP 06-1912 (Lindsey).doc
February 13, 2006
Planning Commission
LSP 06-1912 (Lindsey)
Agenda Item 1
Page 1 of 10
within Sloan Estates Subdivision and is stubbed -out to extend further west. East of Gulley Road
Sagely Lane dead -ends at an existing cul-de-sac west of the subject property. Staff does not
recommend dedication of a 90' right-of-way for Sagely Lane as part of this lot split, finding:
(1) The proposed development (one single family lot) does not warrant dedication of
approximately 1.71 acres for right-of-way,
(2) Any dedication of right-of-way on this property would not allow for the extension of
Sagely Lane; private property adjacent to the east and west of the tract prevents the
street extension, and
(3) An east -west street connection from Gulley Road to Sassafras Lane is not necessary
at this location because an east -west connection will be available to the north of the
property. A Collector Street has been constructed through Overton Park Subdivision
and will continue to Sassafras Lane in conjunction of development east of this
subdivision.
Staff intends to follow this lot split application with a Master Street Plan amendment to remove
Sagely Lane east of its current location.
Water/Septic:
According to the plat submitted by the applicant, there is an existing 2" water line east of the
subject property located within property owned by Hamm. City ordinances require that each lot
have access to public utilities. Typically, access is available adjacent to the properties within a
right-of-way or easement. The water line adjacent to the subject property is located within
private property. Therefore, an extension of the 2" public water line to both Tract A and Tract B
is required prior to recordation of the lot split.
No septic system permit is required; because each tract is greater than 1 5 acres.
Background: On February 2, 2006, the Subdivision Committee forwarded this lot split to the
Planning Commission finding in favor of all staff recommendations. This item was requested to
be placed on the consent agenda at the Planning Commission meeting. The applicant's request
for a waiver from lot width regulations requires that this item be approved by the Planning
Commission.
Recommendation: Staff recommends approval of LSP 06-1912 with the following
conditions:
Conditions of Approval:
1. Planning Commission determination of right-of-way dedication in compliance with
the Master Street Plan. Staff does not recommend dedication of right-of-way for
Sagely Lane, a Minor Arterial, through the subject property, finding that it would not
adjoin any existing right-of-way or street for future connection and the dedication of
approximately 1.71 acres for the creation of one additional single family development
places an undue burden on the property owner.
The Subdivision Committee recommended in favor of Staff's recommendation.
2. Planning Commission determination of a waiver request of lot width requirements to
allow a lot with 0' frontage on an improved public right-of-way where the ordinance
requires 75' frontage. Staff recommends approval of the requested waiver finding
that the addition of one single family dwelling on the existing private road will not
K:IReports120061PC Reports102-13-061LSP 06-1912 (Lindsey).doc
February 13, 2006
Planning Commission
LSP 06-1912 (Lindsey)
Agenda Item 1
Page 2 of 10
create a dangerous traffic situation nor adversely increase the density of the subject
property.
The Subdivision Committee recommended in favor of the requested waiver.
3. Approval of this lot split and waiver request does not constitute future approvals of
similar waiver requests from lot width requirements. Further subdivision of this
property may require dedication of public right-of-way.
4. Each tract shall have legal access to a public water line of sufficient size for the
proposed development prior to recordation of the lot split. Based on information
provided on the plat, public water is not accessible to Tract A or Tract B. Extension
of a water line or dedication of a utility easement is necessary to establish legal water
service to each tract.
5. Washington County approval of the proposed lot split shall be obtained prior to filing
the lot split.
6. The access easements granted to the Stobaughs — as husband and wife — from Hamm
and Shelton shall be conveyed to Lindsey or any future property owner by access
easements.
7. Any septic system installed on the property shall comply with all county and health
department regulations.
Prior to recordation, the applicant shall revise the plat to address the following
comments:
a. Identify the location of the access easements granted by Hamm and
Shelton and how they tie into the existing right-of-way.
b The ownership information on the plat shall be updated to include the
owner name as indicated on the deed, which is the Stobaugh Family Trust.
Standard Conditions of Approval:
9. 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).
Additional Conditions:
Planning Commission Action: O Approved
Meeting Date: February 13, 2006
O Denied 0 Tabled
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K: IReports120061PC Reports102-13-061LSP 06-1912 (Lindsey).doc
February 13, 2006
Planning Commission
LSP 06-1912 (Lindsey)
Agenda Item 1
Page 3 of 10
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER. B. BRACKETT, P.E.
12/28/05
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
ATT: Planning Department
Re: Lot Split For Lyndy Lindsey
Enclosed herewith please find the necessary documents for a lot split to be made. The
current owner is Otis Stobaugh and he will retain ownership of tract B (2.25 Acres). The
remainder is to be sold to Lyndy Lindsey (6.34 Acres). There is no sewer in this area and
the waterline is along Doyne Hamm Drive.
Please call concerning any questions you may have.
Thank you.
Sincerely;
David L. Jorge en, P.E.
February 13, 2006
Planning Commission
LSP 06-1912 (Lindsey)
A enda Item 1
• STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYS I EMS • WASTEWATER SYSTEMS • LAND SURVEYIIGg!° 4 of 10
01/22/2005 15:40 FAX 4795824807 JORGENSEN & ASSOC + FAY PLAN/ENGR 121001
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNERIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.I.S.
CHRISTOPHER B. BRACKETT, P.E.
1/23/06
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
ATT: Suzanne Morgan
Re: Lot Split for Lindsey
Dear Suzanne;
This is to confirm that we hereby request a waiver to create a tract of property without
frontage on a public right of way. Doyne Hamm Dr. provides access to this property and
other property to the north. A proposed subdivision is planned on the Hamm property
which would make Doyne Hanan Drive public, but this is in the planning process.
Please call concerning any questions you may have.
Thank you.
Sincerely;
avid L.Jorgens• P.E.
February 13, 2006
Planning Commission
LSP 06-1912 (Lindsey)
S1RUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYde Item 1
Page 5 of 10
RIGHT OF WAY GRANT
KNOW ALL MEN BY THESE PRESENTS:
That T. E. Shelton and Alice Shelton, Husband and
Wife, for and in consideration of the sum of One Dollar
($1.00) and other valuable consideration, paid. by Otis L.
Stobaugh
ceipt of
sell and
and Louise Stobaugh, Husband and Wife, the re -
which is hereby acknowledged, do grant, bargain,
convey unto the said Otis L. Stobaugh and Louise
Stobaugh, Husband and
and assigns, the free
certain tract of land owned by us, located in Washington
County, Arkansas, and being part of the Northwest Quarter
(NW 1/4) of the Northeast Quarter (NE.1/4) of Section
Thirty Three in Township 17 North of Range 29 West, said
right of way being more particularly described as follows,
to -wit:
Beginning at a point which is 700.74 feet South
and 102.50 feet East of the Northwest corner
of the Northeast Quarter of said Section 33;
thence North 92.00 feet, thence South 32°48' 10"
East 50.00 feet, thence South 50.00 feet, thence
North 89° 54' .05" West 27.10 feet to the point
of beginning, containing .05 acre, more or less,
the purpose of said Right of Way being to provide the
Grantees with ingress and egress to property they are
purchasing which is adjacent to the Grantor's.
TO HAVE AND TO HOLD all the privileges aforesaid to
Otis L. Stobaugh and Louise Stobaugh, Husband and Wife,
Wife, their heirs, administrators
use, liberty and passage across a
February13, 2006
Planning Commission
their heirs, administrators and assigns, in common with l 1p,06-1912(Lindsey)
Agenda Item 1
Page of 10
.. .. -nri nns
RIGHT OF WAY GRANT
KNOW ALL MEN BY THESE PRESENTS:
That Mrs. Gelene Hamm, for and in consideration of the sum of One Dollar
($1.00) and other valuable consideration, paid by Otis L. Stobaugh, Louise Stobaugh, and
Leon Fowler Trust, the receipt of which is hereby acknowledged, do grant, bargain, sell
and convey unto the said Otis L. Stobaugh, Louise Stobaugh, and Leon Fowler Trust,
their heirs, administrators and assigns, the free use, liberty and passage across a certain
tract of land owned by me, located in Washington County, Arkansas, and being part of
the Northwest Quarter (N W I/4) of the Northeast Quarter (NE1/4) of Section thirty-three
in Township 17 North of Range 29 West, said right of way being more particularly
described as follows, to -wit:
Iadl�dlII�IB��IWB�I���IN�l�ll fi
Doc ID 009591550001 Tvde: NEL
Recorded: 01/26/2006 at 08:49:58 Aft
Fee Amt 88 00 Page 1 of 1
Washinoton County. AR
Bette. Ramos Circuit Clerk
F1102006-00003568
Legal Description:
Part of the NW 1 /4 of the NE V. of Section 33, TI7N, R29W, more particularly described
as follows, to -wit: Beginning at point 42.5 Feet East of the Northwest corner of said 40
acre tract, and running, thence East 60 feet, thence South 701 Feet, thence West 60 Feet,
thence North 701 feet to the point of beginning, containing 0.97 acres, more or less,
The purpose of said Right of Way being to provide the Grantees with ingress and egress
to property they own which is adjacent to the Grantor's.
TO HAVE AND TO HOLD all the privileges aforesaid to Otis L. Stobaugh,
Louise Stobaugh, and Leon Fowler Trust their heirs, administrators and assigns, in
common with us. w
WITNESS our hands and seals on this c —day of , 2006.
-6
Mrs.
=
Mrs. Gelene Hamm
ACKNOWLEDGEMENT
STATE OF ARKANSAS BE IT REMEMBERED:
COUNTY OF Washington
That on this date, before me, a Notary Public within and for said County and State, duly
commissioned and acting personally appeared �,Y..e�
a�O1'4-11L—. to me well
known as the person(s) who executed the foregoing right of way grant, and that
had executed the
same for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this? day o
My commission expires OI
20 OGi
February 13, 2006
Planning Commission
LSP 06-1912 (Lindsey)
Agenda Item 1
Page 7 of 10
February 13,
Planning Commi
LSP 06-1912 (Linds
Agenda Iter' 1
Page 8 of 10
LSP06-1912
Close Up View
LINDSEY
SUBJECT PROPERTY
Legend
Erg Overlay District — FL000WAY --''' 500 YEAR
100 YEAR ---- LIMIT OF STUDY
– – - Baseline Profile
O Fayetteville
1 Outside City
gMa vector.GDB.Footpdnt2004
LSPO6-1912
1 1 Wash Co Parcels (Fayetteville)
125 250 500 750 1,000
Feet
February 13, 200
Planning Commissio
LSP 06-1912 (Lindsey
Agenda Item 1
SUBJECT PROPERTY
1 i
=UISSIGN9L .._bI55IDN-aLVB ti -i_ ,.
Overview
Legend
Subject Property
Egl LSPO6-1912
Boundary
"—N., Planning Area
-0000
Overlay District
p0
Outside City
Legend
0 0.129.25 0.5 0.75 1
M
iles
February 13, 2006
Planning Cnmmiccinn
LSP 06-1912 (Lindsey)
Agenda Item 1
Page 10 of 10
ARKANSAS
PC Meeting of February 13, 2006
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Planner
Brent O'Neal, Staff Engineer
THRU: Jeremy Pate., Zoning & Development Administrator
DATE: February 7, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
VAC 06-1914: (JOHNSON, pp 256): Submitted by McGoodwin, Williams & Yates,
Inc. for property located east of Rom Orchard Road and North of Old Skillern Road. The
property is zoned R -A, Residential Agricultural, and contains approximately
0.33 acres owned by Johnson and Rice. The request is to vacate a 20' utility easement.
Planner: Suzanne Morgan
Findings: Vacating the easement would require that all utilities be placed on the east
side of Rom Orchard Road.
Background: On November 22, 2004, the Planning Commission approved a lot split to
create two lots — a 2.6 -acre tandem lot and a 7.5 -acre lot. The recorded lot split plat
included the dedication of a 20' general utility easement adjacent to Rom Orchard Road
right-of-way as typically requested by the utility companies and staff for future placement
of utilities. In January 2005, staff received a letter from Ozark Region Land Trust
(ORLT) indicating that a conservation easement had been dedicated on the subject
property on December 31, 1997, which grants ORLT the right to approve any utility
easement on the property. In this letter, the representative of ORLT stated, "While we
are generally supportive of the proposed lot split, we are totally opposed to the proposed
utility easement, and cannot give our approval to it without good cause."
There are no utilities located within the easement. A 4" water line exists within the right-
of-way on the east side of Rom Orchard Road. The vacation of this utility easement will
result in the future placement of any necessary utilities on property east of Rom Orchard
Road. (See attached letter from Mr. Jurgens, Water and Wastewater Director.)
Request: A petition was submitted to vacate a 20' general utility easement. This petition
was signed by Mr. and Mrs. Brad Johnson who purchased the 7.5 -acre property. In June
of 2005, Mr. Johnson received approval of a property line adjustment to transfer a 2 -acre
portion of the property to Brooks Rice. Staff has received a letter from Brooks Rice
indicating his agreement of the vacation. Mr. Rice will be required to sign the Petition
prior to City Council consideration.
K::IReports120061PC Reports102-13-061VAC 06-1914 (Johnson -Rom Orchard).doc
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 1 of 14
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
Cox Communications No Objections.
AEP/SWEPCO No Objections.
SW Bell No Objections.
Arkansas Western Gas No Objections.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. See attached
letter from David Jurgens,
Water/Wastewater Director.
Transportation
Solid Waste
Engineering
No Objections.
No Objections.
No Objections.
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners had no objections to the proposed
vacation.
Recommendation: Staff recommends approval of the proposed utility easement
vacation 06-1914 with the following conditions of approval:
1 All property owner's on which this 20' utility easement is located shall sign a
Petition for vacation of said easement prior to City Council consideration.
2. The legal description of the 20' utility easement shall be approved by GIS
Division prior to City Council consideration of the vacation request.
K. :IReports120061PC Reports102-13-061VAC 06-1914 (Johnson -Rom Orchard).doc
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 2 of 14
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: February 13, 2006
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
K:1Reports120061PC Reports102-13-061 VAC 06-1914 (Johnson -Rom Orchard).doc
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 3 of 14
161.03 District R -A, Residential -Agricultural
(A)Purposes. The regulations of the agricultural district are designed to protect
agricultural land until an orderly transition to urban development has been
accomplished; prevent wasteful scattering of development in rural areas; obtain
economy of public funds in the providing of public improvements and services of
orderly growth; conserve the tax base; provide opportunity for affordable housing,
increase scenic attractiveness; and conserve open space.
(B) Uses.
1) Permitted uses.
Unit 1 -
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
2 Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre
One-half
D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
Nonresidential:
2 acres
2 acres
Lot area per dwelling unit
2 acres
(E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft. '
'35 ft.,'.
(F) Height requirements. There shall be no maximum height limits in the A-1 District,
provided, however, that any building which exceeds the height of 15 feet shall be
setback from any boundary line of any residential district a distance of 1.0 foot for
each foot of height in excess of 15 feet.. Such setbacks shall be measured from the
required setback lines.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-
31-99)
K: IReports120061PC Reports102-13-061 VAC 06-1914 (Johnson -Rom Orchard).doc
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 4 of 14
aye evi le
ARKANSAS
WATER AND WASTEWATER DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO:
Ron Petrie, Engineering
Jeremy Pate, Planning
FROM: David Jurgens, Water & Wastewater Director
DATE: February 6, 2006
SUBJECT: Easement Vacation Request, 3057 Rom Orchard Road
I concur with the easement vacation along the west side of and in the vicinity of 3057
Rom Orchard Road with the following comments and observations.
The existing 4 inch water line, which favors the west side of the road, is insufficient for
any future needs. It will have to be replaced with an 8" or larger line.
Vacating this easement will require that all utilities will ultimately have to be placed on
the east side of the road. The resultant utility density places an unusually large
requirement for utility easements and/or rights of way on the east side of the road. It will
require that more land be dedicated, that the utilities be installed under the existing or
replacement road, or both. This will incur greater public inconvenience and greater cost
to whomever installs the utilities and/or provides the easements. I recognize that the lots
and/or developments that will be served, along this portion of Rom Orchard only, will be
on the east side of the road. However, to both the north and south, lots on both sides of
the road will be served. This will likely additional road crossings for the publicly owned
utilizes at the north and south boundaries of this vacated area.
These considerations must be incorporated into any future utility or land use planning in
this area.
Rom Orchard 3057 EasmtVac Jan06.doc
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 5 of 14
(11/
McGoodwin Williams E Yates
Engineering Confidence
June 9, 2005
Mr. Jeremy Pate
Director of Planning
City of Fayetteville
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701
Re: Application for Easement Vacation
Brad Johnson Property
Project NO. Fy-331
Dear Mr. Pate:
Enclosed are application materials for vacation of a 20 foot wide general utility easement on the
Brad Johnson property on Rom Orchard Road. This property was recently purchased from
Susan Alger. A lot split was approved for this property (ISP 04-1283) in November 2004 which
enabled Ms. Alger to convey it to Mr. Johnson. At the technical plat review of this split on
October 27, 2004, I was instructed by planning staff on advice of the utility representatives to
add a dedication for a 20 foot wide general utility easement along the west side of Rom
Orchard Road. This easement was added to the plat and the split was approved by the City.
The entire tract is subject to a conservation easement and preservation covenants with Ozark
Regional Land Trust. Ozark Regional Land Trust has informed Mr. Johnson that this easement
dedication was a violation of its easement and the conservation covenants. Mr. Johnson has
authorized us to submit the attached petition for vacation of the easement on his behalf.
The easement covers a wooded area which acts as a buffer between Rom Orchard Road and a
large, old pond. The placing of utilities would require the destruction of these trees and ruin
this natural area. There are no existing utility lines within the easement. All utilities are located
either within the 60 -foot wide road right of way or on the east side of the road. Due to the
conservation easement and covenants, development cannot take place Mr. Johnson's property
on the west side of the road. Development can take place on the east side of the road and
therefore utility lines and easements should be placed there.
Allowing this easement to remain will create a permanent threat to this tree buffer and the
viability of the pond as wildlife habitat. Destruction of these trees would be a needless loss and
completely contrary to the clearly stated policy of the City of Fayetteville.
Ns offde.
fd4e/I February 13, 2006
A9
eville,
Planning Commission
72
7" VAC 06-1914 (Johnson) endaItem2
® 479- 3404 ��pp
443- 0479-443-4340•WWW MW4U5fl.Lepage6of1
Mr. Jeremy Pate
June 9, 2005
Page 2 of 2
On June 3, the planning department approved a lot line adjustment that would enable the one
property owner who abuts the easement, Brooks Rice, to purchase two acres of this tract. Mr.
Rice strongly supports this petition and his letter on this matter is attached to these materials.
Thank you for your consideration of this application. If you require additional materials, please
so inform me.
Sincerely,
77ir, / --
Tom Webb, PS
TW:bp
enclosure
cc: Greg Galbraith, Ozark Regional Land Trust
Brad Johnson
Brooks Rice
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 7 of 14
Ozark Regional Land Trust
427 S. Main St.
Carthage, MO 64836
(417) 358-0852 (office), (417) 358-5176 (evenings)
(417) 358-4438 (fax).
email: odt@ipa.net
website: www.orlt.org
January 15, 2005
Suzanne Morgan
Associate Planner
Office of City Planning
125 West Mountain
Fayetteville, AR 72701
Re: Proposed Lot Split in E ''A of NE ''A Sec 31, 1-17N, R29W for Brad Johnson (Susan Alger,
property owner)
Dear Ms. Morgan,
A serious oversight was made during consideration of the lot split approved for the Susan
Alger's property on December 20, 2004 in behalf of Brad Johnson. A 20 -foot general utility
easement was approved by the City and Susan Alger without consent of Ozark Regional Land
Trust, Inc. (ORLT). ORLT holds a conservation easement, dated December 31, 1997, on the said
property, which is recorded at 98001254 of the Washington County Recorder's Office. The
conservation easement clearly grants ORLT the right to approve any proposed utility easements
on the property. No utility easements may be granted by Susan Alger without the written
consent of ORLT. Nor, can any lot splits occur without our approval. A proper title search of
the property would have revealed this.
ORLT did discuss the proposed lot split with Susan Alger over a year ago. We told Susan
that we were generally favorable to the lot split pending final survey and notifications. We also
discussed the lot split with both prospective buyers of the Alger property - Brad Johnson and
Brooks Rice - and feel their plans for the property were consistent with the goals of the
conservation easement. No discussion concerned the possible granting of a 20 -foot utility
easement along the west side of Rom Orchard Road. While we are generally supportive of the
proposed lot split, we are totally opposed to the proposed utility easement, and cannot give our
approval to it without good cause.
The conservation easement restricts the 7-1/2 acre tract (labeled 765-21240-001) to no
more than one house in the future and no further subdivision. In addition, the pond, which
makes up a good portion of the property, must remain as it is with a 20' buffer of A nr�gu minis on
VAC 06-1914 (Johnson)
Agenda Item 2
Page 8 of 14
vegetation surrounding it. The 20' utility easement is inappropriate and totally unnecessary for
this tract, which is severely limited in future development potential. If a utility easement
becomes necessary in the future, it should be placed on the east side of the road where
development activities are still possible. Even the inactive existence of the utility easement
poses a great threat to the plans ORLT and Brooks Rice have for doing restoration work on the
property. The potential activation of the utility easement is a serious disincentive to the
expenditure of time and money on the restoration of the property, which protects important
natural and open space along approximately 750 feet of Rom Orchard Road.
ORLT created the conservation easement in 1997 with support of the neighborhood, the
City Council and Planning Department, and through the generous donations of the conservation
easement on approximately 35 acres by three of the landowners. The conservation easement
on these 35 acres protects over a third of the land bounded by Lancaster Lane, Old Wire Road,
Skillern Road, and Rom Orchard Road. (see attached maps) The restrictions restrict the future
development of homes to no more than a total of 12 on the 35 acres, and protects the large
and historic pond.
In consideration of the extensive conservation planning and permanent protections
created on this property and in this neighborhood, we ask the City to reconsider its approval of
the 20' utility easement and/or vacate the utility easement so we can give our approval to the
lot split. Without ORLT approval, which is required as a covenant of the property, the granting
of the utility easement by Susan Alger is defective anyhow.
I will anxiously await your response to our letter and to hear your stand on this matter.
Please let me know how I can help get this resolved in the quickest way for all parties involved.
Sincerely,
Gregg Galbraith
Executive Director
Ozark Regional Land Trust, Inc.
CC: Dan Coody
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 9 of 14
PETITION
PETITION TO VACATE A 20 FOOT GENERAL UTILITY EASEMENT, LOCATED IN THE NORTHEAST QUARTER
(NE '/) OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
I, the undersigned, Brad Johnson, being the owner of the real estate abutting the easement, hereinafter sought to be
abandoned and vacated, lying in the Northeast Quarter (NE '/<) of Section 31, Township 17 North, Range 29 West, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a general utility easement, which is described as follows:
A part of the Northeast Quarter of Section Thirty-one, Township Seventeen North, Range Twenty-nine West,
described as follows, to wit: commence at the Arkansas Geological Survey Perpetuation Monument which marks
the northeast corner of said Section 31, thence South 02° 16' 17" West along the east line of said Section 31 a
distance of 1,673.23 feet; thence North 87° 44' 44" West a distance of 213.30 feet to a steel pin; thence South 88
56' 15" West 50.83 feet; thence North 86° 53' 21" West 3.57 feet to a point on the west right of way line of Rom.
Orchard Rd. said point being. the Point of Beginning of this easement description and ran thence North 86° 53' 21"
West 20.00 feet; thence North I° 53' 50" East 109.12 feet to the beginning of a curve to the left, said curve having a
radius of 147.53 feet and a deflection angle of 40° 00' 14", thence along the arc of said curve 103.01 feet; thence
North 38° 06' 24" West 69:78 feet to the beginning of a curve to the right, said curve having a radius of 232.00 feet
and a deflection angle of 45° 57' 02", thence along the arc of said curve 186.06 feet; thence North 07° 50' 39" East
78.48 feet; thence North 10° 07' 47" East 179.55 feet to the south line of the existing 50 foot utility and ingress
egress easement, thence South 81° 43' 51" East along the south line of said 50 foot utility easement 20.01 feetto
the west right of way line of Rom Orchard Rd; thence along said right of way line South 10° 07' 47" West 180.20
feet; thence South 07° 50' 39" West 77.68 feet to the beginning of a curve to the left, said curve having a radius of
212.00 feet and a deflection angle of 45° 57'02", thence along the arc of said curve 170.02 feet; thence South 38°
06' 24" East 69.78 feet to the beginning of a curve to the right, said curve having a radius of 167.53 feet and a
deflection angle of 40° 00' 14", thence along the arc of said curve 116.97 feet; thence South 1° 53' 50" West 109.54
feet to the Point of Beginning, containing 14,499 square feet or 0.333 acres.
That there is no other abutting real estate affected by said abandonment of the easement. The general utility easement was
dedicated by Susan Alger to the City of Fayetteville in December of 2004 on a plat required for a lot split of her property. I
purchased the property from her in February 2005. No utilities have been placed within this easement and to my knowledge
none are currently planned. The public interest and welfare would not be adversely affected by the abandonment of the above
described easement situated on my property.
The petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the
above described real estate be used for their respective benefit and purpose as now approved by law.
The petitioner further prays that theabove described real estate be fully vested in h jr as the owner of the fee simple interest
in the property presently subject to the utility easement as provided by law
WHEREFORE, the undersigned petitioner respectfully prays that the go e i i •/<Tody of the City of Fayetteville, Arkansas,
abandon and vacate the above described utility easement, and that title to :. , tlity easement sought to be abandoned be
vested in the abutting property owner as provided by law, and as to that particular land the owner be free from the easement
of the public for the use of said general utility easement.
Dated this /'day of �C"4-C , 20 OS'''.
printed
Brad Johnson
signatu
printed name
February 13, 2006
Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 10 of 14
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Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 12 of 14
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Planning Commission
VAC 06-1914 (Johnson)
Agenda Item 2
Page 14 of 14
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of February 13, 2006
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Director of Current Planning
DATE: February 06, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
MDP R-PZD 05-1636: Residential Planned Zoning District (Wellspring Community):
Submitted by CRITICAL PATH DESIGN for property located at RUPPLE ROAD AND
WEDINGTON DRIVE. The property is zoned RSF-1, SINGLE FAMILY - 1 UNITS/ACRE
and R -A, RESIDENTIAL AGRICULTURAL and contains approximately 152.2 acres. The
request is to approve a Master Development Plan — Residential Planned Zoning District for a
new mixed-use community containing residential, office, commercial and open space.
Property Owner: SBC Investments, LLC Planner: Jeremy Pate
Findings:
Property Description: The property consists of several parcels totaling 152.2 acres that is
currently undeveloped, with primarily agricultural pasture land. The property fronts
approximately 0.7 miles of Rupple Road between Wedington and Mt. Comfort and a small
portion along Wedington. There are large groupings of high priority/significant trees located in
areas on the site, but a majority of the property exists in pasture, with a few remaining single
family homes located upon it. It is currently zoned RSF-1 and R -A; much of the property was
part of the island annexation that occurred in 2004, allowing for development within the city
limits. There is a fault line that runs east -west through the center of the property, and a creek that
enters from the east and travels north to Hamestring. Bryce Davis Park is located directly
adjacent to the east, as well as some single family subdivisions and multi -family development.
To the north is undeveloped farmland. The Master Street Plan calls for Rupple Road to vary
from its current location just off of the northwest corner of the site in a new alignment, in order
to align with Rupple Road north of Mt. Comfort.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Largely agricultural
RSF-1, RSF-4, R -A
South
Commercial strip center, ministorage
C-2, R -A
East
Single family, multi -family homes
RSF-4, R -O, C-1
West
Developing subdivisions and 01 homes
RSF-4, RSF-1
K: I Reporls120061PC Reporm102-13-061MDP R-PZD 05-1636 (Wellspring Community).doc
February. 13, 2006
Planning Commission
MDP R-PZD 05-1636 (Wellspring Community)
Agenda Item 3
Page -1 of 58
Proposal: The applicant requests a rezoning and Master Development Plan approval for a
mixed-use project on the property. The proposal includes a maximum of 1,175 dwelling units
and 548,000 square feet of non-residential space over the 152 -acre site. This results in a total
density of 7.72 dwelling units per acre and an intensity of 3,605 SF of nonresidential space per
acre over the entire project. A total of seven (7) separate planning areas are proposed, each of
which has identified uses: Garden homes, Parkway townhomes, Clubhouse, Condominiums,
Mixed Use Development, Market District, and Parks area, community green space and tree
preservation area.
The mixture of uses on the project varies significantly from that of solely single family detached
to that of solely commercial. However, there are transitions between these that allow for a range
of less dense townhomes, more dense condominiums, commercial/office/retail and residential
mixed use, etc. Each Planning Area has its own specific density (maximum number of dwellings
units allowed) and intensity (maximum square feet of non-residential space), depending upon the
desired effect. The clustering of uses in a more compact manner decreases infrastructure cost and
allows for a higher percentage of preserved greenspace. To meet applicable zoning criteria, each
Planning Area also has to have established bulk and area criteria, setbacks, height, etc. Otherwise
each proposal would have to return to the City Council to address these zoning issues with every
development. The information is provided both in a booklet form, which describes the intent of
each Planning Area along with a conceptual drawing, and by way of the larger plat, which gives
much of the same technical information, along with the actual Master Development Plan. The
building, street, and parking arrangement indicated on the master plan will likely vary somewhat
from that which is presented. In fact, there are several technical issues on connectivity, Master
Street Plan requirements for Rupple Road, specific off-site improvements, etc. currently evident
that will need to be addressed. However, these issues can be resolved with the development
review of the project and additional City Council action, if needed. At this step in the process it
is important to make the policy decision of whether the zoning is appropriate and compatible to
this area, given the proposed Master Development Plan, statement of commitments, and
development standards.
Process: The purpose of the subject request is for a rezoning approval in order to secure
entitlement for the property with a concept of varied density, variety of uses and walk -ability
while preserving community area, providing parkland and open space, and other infrastructure
improvements to support the community. Approval of the Master Development Plan Planned
Zoning District would effectively rezone the property based on the conceptual plans and
information provided in the booklets. However, it does not give development approval. The
applicant is required to return through the preliminary plat and large scale development process
(several times, in this case), in order for the Planning Commission to confirm that the
development plans presented are compliant with the zoning and Master Development Plans
approved by the City Council.
Bulk and area criteria, while usually provided within the staff report, have been provided in
duplicate by the applicant. The project booklet provided gives the zoning criteria in detail, as do
the Master Development Plans. Please reference this provided material for more information.
The booklet and plats presented are binding once approved, by ordinance.
K:IReportsl20061PC Reports102-13-061MDP R-PZD 05-1636 (Wellspring Communiry).doc
February 13, 2006
Planning Commission
MDP R-PZD 05-1636 (Wellspring Community)
Agenda Item 3
Page 2 of 58