The URL can be used to link to this page

Home My WebLink About2006-09-11 - Agendas - Final113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 11, 2006, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chairman B. Presentation of Staff Report C. Public Comment D. Presentation of request — Applicant E. 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 please queue behind the podium when the Chairman asks for public comment. He will do this after the Planning Staff has presented the application. 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. Open dialogue will not be permitted: please ask any questions and answers will be provided once public comment has been closed. 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 Jill Anthes Lois Bryant Candy Clark James Graves Hilary Harris Audy Lack Christine Myres Alan Ostner Sean Trumbo TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 11, 2006, 5:30 p.m. Room 219, City Administration Building Informational Item: Presentation on Wastewater Systems — David Jurgens The following items will be considered: Consent: 1. Approval of the minutes from the August 14, 2006 meeting. 2. ADM 06-2255: Administrative Item (BASSETT FURNITURE): The request is for additional concrete pad area within the existing utility easement to allow for a bailer adjacent to the existing trash enclosure. Planner: Andrew Garner 3. ADM 06-2257: Administrative Item (THE DICKSON): Submitted by HAYNES LIMITED for property located AT 608 WEST DICKSON STREET. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.23 acres. The request is for a waiver of the minimum curb radius for a commercial driveway on Gregg Avenue. Planner: Andrew Garner 4. ADM 06-2259: Administrative Item (MAPLE & GUNTER): The request is for an extension of the approved Conditional Use Permit (CUP 05-1684), which allowed for a 2"" dwelling unit, for one year. Planner: Suzanne Morgan 5. ADM 06-2251: Administrative Item (BELLAFONT PH. I): The applicant requests a modification to the approved condition of approval No. 5 for LSD 06-1885, constituting a waiver from the City's design standards for Commercial driveways (median width). Planner: Andrew Garner 6. LSP 06-2217: Lot Split (HOMESTEAD HOMES, 282): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at 2834 HUGHMOUNT RD. The property is in the Planning Area and contains approximately 9.95 acres. The request is to divide the subject property into two tracts of 2.09 and 7.85 acres. Planner: Suzanne Morgan 7. FPL 06-2216: Final Plat (BELLWOOD I, 361/400): Submitted by JORGENSEN & ASSOCIATES for property located at W OF RUPPLE RD., N OF WEDINGTON DR. The property is zoned RSF-4, SINGLE FAMILY - 4 UNIT/ACRE and contains approximately 26.30 acres. The request is for a final plat of a residential subdivision with 77 single family dwellings. Planner: Suzanne Morgan 8. FPL 06-2155: Final Plat (LEGACY POINTE PH. IV, 475): Submitted by DAVE JORGENSEN for property located at E OF DOUBLE SPRINGS RD., AND LEGACY POINTE PHASE I -III. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 29.29 acres. The request is for an approved final plat of a residential subdivision with 77 single family dwelling units. Planner: Suzanne Morgan 9. VAC 06-2220: Vacation (EMERALD AVE./HILLCREST, 291): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at THE N END OF EMERALD AVENUE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Andrew Garner 10. VAC 06-2219: Vacation (NORTH POINT S/D, 248): Submitted by TIM PATTERSON for property located at LOT 5 BLOCK I OF THE NORTH POINT S/D. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.56 acres. The request is to vacate a portion of a utility easement within the subject property. Planner: Jesse Fulcher Old Business: 11. LSD 06-2195: Large Scale Development (PRATT PLACE INN, 520): Submitted by CRAFTON, TULL & ASSOCIATES for property located at THE WEST END OF MARKHAM ROAD, WEST OF RAZORBACK ROAD. The property is zoned C-PZD 05-1670 and contains approximately 72.1 acres. The request is for development of a seven bedroom inn, restaurant, cabins and accessory structures with associated parking. Planner: Andrew Garner New Business: 12. CUP 06-2218: Conditional Use Permit (GELATERIA SCARPINO, 484): Submitted by RICHARD BERQUIST for property located at 329 N. WEST AVE. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.63 acres. The request is to approve a Dance Hall, Use Unit 29, in the existing building. Planner: Jesse Fulcher 13. ADM 06-2258: Administrative Item (LIERLY LANE) The request is for a major modification to the approved Lierly Lane PPL 05-1433, to allow for money -in -lieu of street improvements. Planner: Suzanne Morgan 14. R-PZD 06-2191: Planned Zoning District (UNIVERSITY CLUB TOWER, 135): Submitted by CRAFTON TULL & ASSOCIATES INC. - ROGERS for property located at N OF LOWE'S, E OF THE NWA MALL. The property is zoned R -O, Residential Office, and C-2, Thoroughfare Commercial, and contains approximately 10.39 acres. The request is fora 13 story/approximately 200' tall building with a maximum 83 dwelling units and both surface and underground parking. Planner: Suzanne Morgan 15. R-PZD 06-2190: Planned Zoning District (WOODBURY, 137): Submitted by 142 ENGINEERING, INC. for property located SOUTH OF ZION ROAD, AND EAST OF TALIESIN LANE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 11.66 acres. The request is for rezoning and development approval for an R-PZD with 67 single family dwellings and 45 multi -family dwellings. Planner: Andrew Garner 16. ADM 06-2252: Administrative Item (FUTURE LAND USE MAP SECTION 1): Submitted by Long Range Planning, proposing draft amendments to the Future Land Use Map of the City of Fayetteville for one section of the City (northwest). This item will also be heard at the September 25, 2006 Planning Commission meeting. Planner: Karen Minkel 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. a 1 €V. ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 11, 2006 PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: August 25, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2255: Administrative Item (BASSETT FURNITURE, 212): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at LOT 6B OF CMN II PHASE I, NORTHWEST OF STEELE BOULEVARD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to amend condition of approval No. 7 for LSD 05-1615 (Bassett Furniture) to allow a bailer in the utility easement adjacent to the dumpster. Property Owner: CHARLOTTE STEELE Property Owner: MARJORIE BROOKS Planner: ANDREW GARNER BACKGROUND Project Description and Background: The subject 1.93 -acre site is located on the west side of Steele Boulevard north of Shiloh Drive and south of Van Asche Drive and is zoned C-1, Neighborhood Commercial. On September 26, 2006 the Planning Commission approved a large scale development for a 22,809 square foot furniture store with 51 parking spaces on the property (LSD 05-1615). Condition of approval No. 7 allowed for a dumpster pad and trash enclosure in the northwest corner of the site in a 20' utility easement (see attached). The dumpster pad was shown on the easement plat for this development which was approved and signed by utility providers. The easement plat is also attached to this report. CMN Business Park Final Plat Note: This property is identified as Lot 6B in CMN Business Park II, Phase I, Commercial Subdivision. The final plat requires a 20' drainage easement and buffer within the commercial Lots adjacent to the Centerbrook Subdivision to the west. Note No. 8 on the final plat (signed by the subject property owners) requires Lots 3 and 6 to provide a solid wall/fence be placed at the edge of the buffer zone. The building setback is to be measured from the wall/fence. Staff's interpretation of this final plat note requires the 20' rear building setback to be measured from the edge of the buffer zone, thereby putting the Bassett Furniture building 40' from the west property line. Staff also interprets this note to allow the dumpster pad to be placed between the wall and the principal structure, or 20' from the western property line, as was approved with LSD 05-1615. The final plat notes are attached to this report. K:I Reparts120061PC Reports109-11-061,IDM 06-xcu (Bassett Furniture LSD Modificationfdoc September 11, 2006 Planning Commission ADM 06-2255 Bassett Furniture LSD Modification Agenda Item 2 Page 1 of 12 Proposal.: The applicant requests an amendment to condition of approval No. 7 for LSD 05-1615 (see attached) to allow for a bailer adjacent to the south side of the approved trash enclosure location within a currently vacant 20' utility easement. Drawings depicting the location of the proposed bailer location are attached. The bailer would be 3' x 6' and would sit atop a 10' x 10' pad built with the same requirements for the adjacent dumpster pad: (a) conduit running underneath to allow for utility extension if needed; (b) signed easement plat depicting the bailer in the utility easement; and (c) screening the bailer from public view within the trash enclosure screening. DISCUSSION Staff finds that amending condition of approval No. 7 for LSD 05-1615 is appropriate with requirements to ensure that the bailer would not preclude or impede the future use of the utility easement if needed in the future by utility companies, and that utility companies sign a corrected easement plat indicating their approval. The bailer would be required to be screened with the same masonry trash enclosure screening detail that was previously approved for the dumpster pad. RECOMMENDATION Recommendation: Staff recommends approval of the applicant's request to modify condition of approval No. 7 for LSD 05-1615 to allow for the bailer in the utility easement in the location as requested with the following conditions of approval: Conditions of Approval: 1. The bailer shall be located in the northwest corner of the site adjacent to the approved dumpster location. The previously approved dumpster pad screening enclosure shall enclose both the bailer and trash enclosure. 2. The applicant may be required to remove the structure from the utility easement at their own expense if requested by utility companies. 3. The applicant shall install 4" conduits under the bailer and associated enclosure to allow for electric, cable, gas, and telephone utilities. 4. The bailer shall be shown on a corrected easement plat for sign-offby utility companies. The corrected easement plat shall be signed and recorded prior to installation of the bailer. Planning Commission Action: Motion: Second: Vote: Meeting Date: September 11, 2006 Comments: ❑ Approved ❑ Tabled 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 Reports109-1 /-06.ADM 06-= (Bassett Furniture LSD Mod ification).doc September 11, 2006 Planning Commission ADM 06-2255 Bassett Furniture LSD Modification Agenda Item 2 Page 2 of 12 �Sb OS -1615 IS4s,ct-f\Ur✓Yupt (`ond:4'0„s of Apiorova' matenals that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Planning Commission determination of appropriate location for the trash enclosure. The trash enclosure is located within a 20' utility easement on the northwest corner of the property. Staff finds that it is appropriate to leave the trash enclosure in the location in the utility easement. However the Solid Waste Division requests that the container be relocated north to allow trucks to have a straight approach to the dumpster. Section 166.12 of the UDC specifies that no portion of any structure shall be built over any public utility easement. However due to the nature of the lot, the northwest area of the site in the utility easement is the ideal area to allow for desired traffic flow of services vehicles around the proposed building. Water and sewer for the site would be connected from the front of the site off Steele Boulevard and would not require use of the utility easement. The applicant has stated that other utility providers have approved the proposed location. Staff recommends the following conditions in order to allow the trash enclosure in the utility easement: a The applicant may be required to remove the structure at their own expense if requested by utility companies. b. The applicant shall install 4" conduits under the trash enclosure to allow for electric, cable, gas, and telephone utilities. c. Add a note on the plat stating that all utility providers have given approval of the trash enclosure location on the easement, and show the type/location of the conduit. d The trash enclosure shall be shown on the easement plat for sign -off by utility companies. 8. All freestanding and wall signs shall comply with Design Overlay District and Commercial Design Standards and other ordinance specifications for location, size, type, number, etc. 9. The Large Scale Development shall comply with the Lighting Ordinance which may result in the removal of some lights. A lighting plan and details shall be submitted pursuant to city ordinance in order to determine compliance. 10. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 11. Provide a detail drawing on the masonry wall. Per the requirements for the Final Plat for CMN Business Park, the materials used for this wall shall be consistent and compatible with the materials used for the building construction. It should be noted that as this is the first section of wall, the material or similar material used for this wall will be used for other sections of the wall as other developments are constructed K IReports120051PC Reports109-26-051LSD 05-1615 (Bassett Furniture Direct).doc September 11, 2006 Planning Commission ADM 06-2255 Bassett Furniture LSD Modification Agenda Item 2 Page 3 of 12 ;ENT;ERBROOl< SUBDl FIS/ ON ZONED IRSF-4 03685-000 1SHUA SHANE & HEATHER I THWOOD AVE. LE, Al? 72704 P.N. 765-03686-000 1 SHOPE. MARY THERESA 1 3480 NORTHWOOD AVE. I FAYETTEVILLE. AR 72703 k— 2; 0.E & NATURAL BUFFER-) ZO' UE & — 1 P.N. 765-03687-000 KINSEY, SAMUEL L 3504 NORTHWOOD AVE. 1 FAYETTEVILLE ,4R 72704 PO.B. 1(11 m NO2°35'19"E 214.88' P.N. 765-03688-000 I P.N. ' 765-03689-000 FOSHEE, TIMOTHY & CONNIE 1 HOLLOWELL, JOHN W. 3516 NORTHWOOD AVE. I 3524' NORTHWOOD: AVE. FAYETTEVILLE. AR 72703 ' FAYETTENLLE. AR 72701 765-03690-00[ fRANKNN' ROBERT R 3532 NORTHWOOD AU FAYETTENLLE, AR 727. PROPOSED TRASH ENCLOSURE 12' x PROPOSED 20' DRAINAGE EASEMENT N2819'53 -W 29.10' PROPOSED 5' ACCESS EASEMENT LOT. 6B 1.92 ACRES± PROPOSED 25' ACCESS EASEMENT PROPOSED 20' WATERLINE EASEMENT i N (n to Z f•-• Q H 0 Q f- a }' Q (/) D NU 00Z Z amI w°a 2 `c) Q ' V/ 0ZW Q 0 J W W c> V W0 Q (n W W Z W 0 Z - J 0) Z 0 0 0 J w - J 0 0 ar 0 0 ftw Q a w 0_ January 25, 2006 SCALE: 1" = 50' DRAWN BY: LP 06004_EASE 0 0 a - J 0 N w a C U4 J H L16 18a11' 46"W 214.88' CONCRETE beptember"11, 2006 Planning Commisyy'ppn ADI01 un-ttog tsassett-Furni�ek0pTtladia afion Agenda Item 2 Pace4 of 12 REBY CERTIFY THAT THE STREETS AND DRAINAGE SYSTEMS INSTALLED -0S SUBDIVISION FULLY ME REQUIREMENTS OF THE CIN OF FAYETTEVILLE. 'o —/c -o/ + CI�NN'%// ENGINEER IFICATE OF APPROVAL; 9111 DING SETBACK DIMENSIONS- REBY CERTIFY THAT ALL BUILDING SETBACK DIMENSIONS SHOWN ON PLAT ARE IN ACCORDANCE WITH THE CURR BUILDING SETBACK 1IREMENTS. ;h.�r�4 CIN PLANNER IFICATE OF APPROVAL FOR RECORDING' PLAT WAS APPROVED BY THE FAYETTEVILLE PLANNING COMMISSION AT . 3. SECRETA Y IFICATE OF SURVEY & ACCURACY: REBY CERTIFY THAT THE PLAN SHOWN AND DESCRIBED HEREON IS A AND CORRECT SURVEY AND THAT THE MONUMENTS HAVE BEEN PLACED TATED HEREON AS REQUIRED BY THE SUBDIVISIONS REGULATIONS OF CITY OF FAYEI IEVILLE, AR�KANSSASy MELVIN L. MILHOLLAND, RLS No. 648 IFICATE OF OWNERSHIP. TITLE AND DEDICATION' THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) :RSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY :ATE TO THE PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO :ATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES .UDING ANY CABLE TELEVISION COMPANY HOLDING FRANCHISE GRANTED BY CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE 'OSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING IDES. ALSO ESTABLISHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS AID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, CTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE RIM TREES WITHIN SAID EASEMENTS. NANCHAR, INC NANCY Par PRESID F, -/e-01 C�ll.4Y.E.2Y. .rear NANCHAR, INC: CHARLOTT STEELE, SECRET RY 12 ,Y F'r '1%%c . glove4 MARJORI S. BROOKS ,4 N "4100-6.) AM - '54'28'W 12.26.46"E ORTHEAST CORNER CENTERBROOK SURD SECTION UNE t> PROPERTY UNE NO2'34'19'E POB ri -451 N69'22'49"E NO2-2844t StUION UNE / icv Cif AE 01 DATE 04 '15 DATE CERTIFICATE OF APPROVAL OF SIDEWALKS CONSTRUCTION OF ALL SIDEWALKS SHALL BE INSPECTED BY THE AND TRAILS COORDINATOR TO COMPLY WITH THE CITY SPECIFICAT DEVELOPER IS NOT RESPONSIBLE FOR THE • STRUCTION AND C OF ALL ID - KS SHOWN O .,S Fly P , / OL ALK • - LS COORDINAT• : CERTIFICATE OF APPROVAL OF TREE PROTECTION & RESERVATIOI 1 HEREBY CERTIFY THAT THIS PLAT HAS COMPLIED WITH THE REQ OF THE TREE PROTECTION AND PR ERVA 2 N ORDINANCE OF TH FAYETTEVILLE CODE. �a —1 3 --o0,00/ DATE 200 is `i -ea-e_ DSC E MINISTRATOR LEGEN Q I 0 • 0 SECTION CORNER 1/4 CORNER_ STATE MONUMENT CONCrcut MONUMENT COTTON SPINDLE FOUND IRON PIN SET IRON FIN SEWER MANHOLE 12 - DROP INLET OR JUNCRON QUAD CONDUrr t 6' SS • • • my • —FP. x x x x x x STREET LIONT FIRE HYDRANT ASSEMBLY SEWER UNE WATER UNE GAS UNE STORM SEWER SIDEWALKS FLOODWAY 100 -YR FLOODPINN IXT. FENCE DEED RESTRICTION MEA (C FILED IN BOOK 17, PAGE 200 400 Scale = 200' Ill PROFESSIONAL CI�O LENGINEERS ik q``fl`` r/VL ZG lQCYir SURVEYING SPECIALISTS 205 W. Center — (501) 443-4724 FAYETTEVILLE FINV4L PL..e4 T CAIN BUSINESS P.A.RK II, PHIS CCI Et 1"=200 PLANNING COMMISSION APPROVAL: MAY 14, 2001 DA RE' PLAT BOOK No, 134, 173 & 212 FINAL PLAT REVIEW PROCESS SUBDIVISION COMMITTEE: MAY 03, 2001 September 11, 2006 TECHNICAL PLAT• Planning Commission arni�fik_ 3az �> Pa F�DDD��.P I cn na��r�atj,,, DRAWN BY, JTS/PMM PRELIMINARY PLAT APPROVALS: Agenda Item 2 Page 5of 12 CITY COUNCIL: OCT. 06, 1998. DF ?26324 B.S.B. 459. 46' 20' D.E W N Rya 23126 L }_534. 15' ) \/`r= V�-�� c 1 50' B.S.B. 50' B.S.B., U.E., & D.E. °45'24 X35' U.E. s47'26'48'W 05.7 4 W 67,. 99 ' Loa ca N 66731'14T -36.0i ¢ o m Fri U. *OJ E. I00. ;4TRAIL / SE m vnm, ,Es 56.86' .-10 D.E. y X4:4: B•SS ELEVATION 1252.73 1215.27 1194.06 1209.38 1206.82 0 NOTES: :2 1. ACCORDING TO THE FLOOD INSURANCE RATE MAP, EFFECTIVE JULY 21. 1999. MAP NUMBER 05143C0082D, A PORTION OF SAID PROPERTY IS IN THE 100 -YEAR FLOOD AREA. A RESTUDY WAS DONE BY GARVER ENGINEERS, INC., A SUBCONSULTANT- TO MILHOLLAND ENGINEERS, IN CONJUNCTION WITH THE CORPS OF ENGINEERS, THEIR FINDINGS ARE DEPICTED UPON THIS PLAT. A COPY OF THE H & H REPORT FOR MUD CREEK AND THE UNNAMED TRIBUTARY TO MUD CREEK HAVE BEEN PROVIDED TO THE CITY ENGINEERING DEPARTMENT AND THF. CORPS OF ENGINEERS. THE DATA WILL BE UIIUZED BY THE CORPS OF ENGINEERS. 2. EACH INDMDUAL TRACT DEVELOPER. SHALL EMPLOY A PROFESSIONAL ENGINEER TO ASCERTAIN THAT ALL DRAINAGE FOR EACH INDMDUAL TRACT DEVELOPMENT IS IN COMPLIANCE WITH THE INTENT OF THE OVERALL CMN BUSINESS PARK :II DRAINAGE PLAN AS APPROVED BY THE CITY OF FAYETTEVILLE. SAID DRAINAGE PLAN IS DOCUMENTED AS A "DRAINAGE REPORT" IN THE CITY ENGINEER'S OFFICE. 3. A PORTION OF THE DEED RESTRICTED AREAS ARE WERANDS, NO WETLANDS UE OUTSIDE OF THE DEED RESTRICTED AREAS AS DESIGNED BY EGIS, INC. AND APPROVED BY THE CORPS OF ENGINEERS; 4. EACH INDIVIDUAL LOT OWNER SHALL MAINTAIN ALL SWALES, PIPES, DETENTION PONDS, WETLANDS, DEED RESTRICTED AREAS, AND OTHER DRAINAGE STRUCTURES, AND BUFFERS ON THEIR PROPERTY. AND SHALL MAINTAIN ALL LANDSCAPED STREET RIGHT-OF-WAYS COMMON TO AND ADJACENT WITH THEIR PROPERTY. 5. THE DEVELOPERS OF LOT 11 WILL BE REQUIRED TO INSTALL A GUARD RAIL FOR TRAFFIC ALONG THE SOUTHERN BOUNDARY OF SAID LOT.: 6. EACH INDIVIDUAL TRACT DEVELOPER SHALL EMPLOY AN ENVIRONMENT SPECIALIST TO INSURE THAT THE SPIRIT AND THE LETTER OF THE 404 PERMIT FROM THE CORPS OF ENGINEERS WILL BE COMPLIED WITH IN THE DEVELOPMENT OF THE. LOTS. 7. THE DEVELOPER SHALL CONSTRUCT THE CONNECTION FROM VAN ASCHE TO GREGG STREET WITH THE COMPLETION OF THE SALE OF 75%. OF THE PROPERTY IN PHASE I, AS FOLLOWS: A. THIS PORTION OF VAN ASCHE DRIVE IS CLASSIFIED AS A PRINCIPLE ARTERIAL WHICH REQUIRES A RIGHT-OF-WAY WIDTH IN THE AMOUNT OF 110' TO BE DEDICATED TO THE CITY.: B. PURSUANT TO THE OCTOBER 6, 1998 CITY COUNCIL APPROVAL OF THE PREUMINARY PLAT FOR CMN 11, PHASE I, "THE DEVELOPER SHALL CONSTRUCT AT THE DEVELOPER'S EXPENSE, TWO OF THE PROPOSED FOUR LANES FOR THE STEELE AND VAN ASCHE BOULEVARDS. IF THE CITY COUNCIL 15 UNABLE, OR UNWIUJNG TO PARTICIPATE IN THE COST -SHARE FOR THE CONSTRUCTION OF ANY STREET OR BRIDGE THAT THE DEVELOPER, AT THE DEVELOPER'S EXPENSE PROVIDE A MINIMUM SECTIONS OF STE . AND THE BRIDGE." 8. DEVELOPERS OF LOT 3 AND , HALL '-. 1 E THE PLACEMENT { pit 1 OR MASONRY WALL NOT LESS THAN 6 FEET IN HEIGHT ADJACENT TO RESIDENTIAL PROPERTIES (LENHAM HEIGHTS AND CENTERBROOK SUBDIVISIONS) OUTSIDE OF THE BUFFER ZONE. THE MATERIALS USED SHALL BE CONSISTENT AND COMPATIBLE WITH THE MATERIALS USED FOR THE BUILDING CONSTRUCTION. THE UILDING SETBACK REGULATIONS SHALL BE COMPUTED FROM SAID FENCE. 9. NEW UTILITIES 7U tat JAULKOROUNU. 10. A MULTI -USE TRAIL EASEMENT & UTILrri EASEMENT ADJACENT TO THE DEED RESTRICTED AREAS FOR PUBLIC USE, AS SHOWN. 11. EXISTING HIGH PRESSURE GAS MAINS TO REMAIN AS IS. RELOCATION SHALL BE INDMDUAL LOT DEVELOPER'S RESPONSIBIUTY. 12. REAR BUILDING SETBACK LOT 3 SHALL INCLUDE A 15' NATURAL BUFFER AND A 25' U.E. 13. REAR BUILDING SETBACK OF LOT 6 SHALL INCLUDE A 20' NATURAL BUFFER AND A 20' U.E. 14. EACH LOT DEVELOPER SHALL PROVIDE VEHICULAR ACCESS TO ALL MANHOLES. 15. EACH LOT DEVELOPER SHALL COMPLY WITH THE ARCHITECTURAL DESIGN THEME. 16. TREE REPLACEMENT DEFERRED AS A RESPONSIBIUTY TO INDIVIDUAL LOT OWNERS. 17. GREGG STREET RIGHT-OF-WAY DEDICATION, AS WRITTEN BY CITY OF FAYETTEVILLE AND AS REQUIRED FOR THE DEVELOPMENT OF CMN BUSINESS PARK II, ARE FILED IN INST. No. 98020398 AND INST. No. 98040266. 18. SEWER CAPACITY 15 NOT GUARANTEED FOR THE LOTS IN THIS SUBDIVISION. 19. THE DEVELOPMENT OF EACH LOT, IN PART OR IN ITS ENTIRETY, SHALL BE SUBMITTED THROUGH THE LARGE SCALE DEVELOPMENT PROCESS OF THE CITY. 20. BOULEVARD RIGHT-OF-WAY ISLANDS -THE COST AND OPERATIONS OF LANDSCAPED AND IRRIGATED AREAS, SHALL BE MAINTAINED BY THE PROPERTY OWNERS ASSOCIATION OF CMN BUSINESS PARK 11. September 11, 2006 21. DEDICATION OF ADDITONAL RIGHT-OF-WAY ALONG JOYCE BOULEVARD SHALL BE REQUIRED FOR planning Commission LOTS 2, 3, 9, & 10, IN COMPLIANCE WITH THE MASTER STREET PLAN 7O INC ( 2g' g QftlFurniture LSD Modification THE CENTERLINE OF EXISTING JOYCE BOULEVARD RIGHT-OF-WAY. Agenda Item 2 Page 6 of 12 *le 8P z FP ss QSQe CENTERLINE CURVE DATA 1 MCEcoNsuL TING DESIGNED TO SERVE l ENGINEERS, INC P.O. Box 1229 Fayetteville, Arkansas 72 702-122 9 479-443-2377 FAX 479-443-9241 To the Chair of the Board of Adjustment: RE: Proposed Bassett Furniture Direct — Lot 6 (CMN Business Park II Phase I) REQUEST FOR VARIANCE This request for variance includes the installation of a small (3' X 6') bailer adjacent and to the south of the proposed, approved trash enclosure location (see enclosed site plan). This bailer would site atop a 10' X 10' pad that would be built with the same requirements (conduit running underneath to allow for utility extension (if needed)). This variance is needed due to the fact that the approved trash enclosure sits within an existing utility easement and the proposed bailer would also occupy this easement. The existing site constraints and the fact that no utilities were planning to use the existing 20' utility easement were the justification for allowing the trash enclosure to be placed within the utility easement so long as conduit was placed under any concrete pad. Both the proposed dumpster and bailer would be screened from public view using the same trash enclosure detail that has been previously approved by the City of Fayetteville — this enclosure would be expanded to enclose both the proposed bailer and trash enclosure. Please feel free to contact me if you have any questions/concerns or would like more information. Sincerely, Michael G. M McClell (479) 443 rgan nsulting Engineers, Inc. 7 September 11, 2006 Planning Commission ADM 06-2255 Bassett Furniture LSD Modification Agenda Item 2 Page 7 of 12 0 o_ W CO momamp 1 b u II Oon� wz O m 00 PROPOSED LOT 6B rr U +1 (Ni O) A9 PPG STRIPE z 0 N In W l ,88'17TZ ,Lb'686 ca a I I I I I I I I I ABM -OG -2255 Baa N 0 zQ —September 11, 20 Planning Commissi sLt I uuulure LJU IVIWIIwabu 1 Agenda Item 2 Page 8 of 12 0 n m 0 III 0 0 0 0 111=1111 1- z a 0 /21 n V/ O DO N CN w 'NO PARKING' STRIPEr OF x ,Z[ 3U/15073N3 NSVM D EP=SED BAILER (Y) Q 0 PREPESE: BAILER O x 0 ,L79"1986 88"fIZ 1111811111111 C Li 0 N September 11, 20 Planning Commissi ADM 00-225 Baaa.lt funiiture LSD Mudifioali) i Agenda Item 2 Page 9 of 12 .6$gr ' 3e°' tuber 11, 2006 �€ a.�a. 1, int Commission Modification Agenda Item 2 Page 10 of 12 AIIM 06-7755 Rnssrtt Furniti ire! All RA 1 <I G, SSATT — SS _. CASSATTSr CPSSM1Tii CA�SATTST STRgNGE Ory• ;_—REYNOLos Overview VAraGE utic( OR C I:If R; R-0; Legend Subject Property .....::: LSD05-1615 Boundary Planning Area uonoa c Overlay Distract i Outside City gen 0 0.129.25 0.5 Le0.d75 1 September Planning Coe - Bassett Furniture LSD M GJ Agend Pardp 1, 2006 2256 mission aJification a Item 2 11 of 12 LSD05-1615 Close Up View BASSETT FURNITURE DIRECT SUBJECT PROPERTY AN ASCne DR Legend LS005-I615 :F1 7,) Overlay Dislntt D f Pnndpal ARenal - - 5( 0 Master Street Plana Moor Arterial --- LI AI Master Street Plan — — Collector — — e se Freeway/Expressway •••. tfistonc Collector OFa o is Septemlp- t X06 Planning Commi ision 6-2255 Bassett Furniture LSD Modification Agenda Item 2 Page 12pf 12 0 100 200 400 600 800 Feet ADM FLOOOWAY — 100 YEAR THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 11, 2006 PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: August 30, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2257: Administrative Item (608 DICKSON STREET DRIVEWAY WAIVER, 483): Submitted by HAYNES LIMITED for property located AT THE NORTHWEST CORNER OF DICKSON STREET AND GREGG AVENUE. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.23 acres. The request is for a waiver of the minimum curb radius for a commercial driveway on Gregg Avenue. Property Owner: MR. TUX HOLDINGS, LLC Planner: ANDREW GARNER BACKGROUND Property and Background: The subject property is located at the northwest corner of Dickson Street and Gregg Avenue at 608 Dickson Street, and is zoned Central Commercial (C-3). The site contains the existing Mr. Tux Building that was built several decades ago. The historic Dickson Street Entertainment District area has a main street or urban feel with many buildings built at or very close to the right-of-way line adjacent to the sidewalk, and minimal curb radii into and out of most driveways. The subject property is surrounded entirely by mixed-use commercial development in the C-3 zoning district. Proposal: The applicant has applied for a building permit to remove the existing Mr. Tux building and develop a new 54,904 square foot mixed-use building with 3,241 square feet ofretail at the street; level, 26 one -bedroom residential units, and an underground parking garage. The new structure is proposed to be adjacent to the right-of-way on Dickson Street and Gregg Avenue. The development would provide underground parking accessed off of a driveway onto Gregg Avenue. After City staff' s initial review of the building permit submittal, which showed this driveway with a 25' curb radius in conformance with City code, staff recommended the applicant request a waiver to reduce the curb radius. It is staff's opinion that for a private, commercial driveway in the downtown area, the 25 -foot radius is excessive and reduces pedestrian safety by creating unnecessary curb width. The applicant has therefore requested a waiver of UDC Section 172.04(2)(a)(iv) to allow for a curb radii of 8'4" for the driveway onto Gregg Avenue. A full size site plan has been included in the Planning Commission packets. K:IReports120061PC Reports109-11-061ADM 06-2257 (608 Dickson Street Driveway Warver).doc September 11, 2006 Planning Commission ADM 06-2257 Dickson St Driveway Waiver Agenda Item 3 Page 1 of 6 The applicant has also applied for and been granted a variance from the Fayetteville Board of Adjustment to allow the new building to be built with a 0' setback on the Dickson Street and Gregg Avenue frontages, allowing the building to conform to the intent of the Main Street Center designation (yet to be adopted). DISCUSSION Staff recommends in favor of the requested curb radii waiver to allow for an 8'4" radius on both the northern and southern curbs of the driveway accessing Gregg Avenue. The UDC is generally written to provide the minimum standards for development in a suburban setting, the majority of the development in the City. The subject waiver request is located in downtown Fayetteville in the Dickson Street Entertainment District. A 25' curb radius is not appropriate in this urban setting where slow vehicle speeds are desired and a high density of pedestrian activity occurs. Staff recommends in favor of the requested waiver requesting finding it appropriate in this urban, downtown setting. Recommendation: Staff recommends approval of the applicant's request for a curb radii waiver with the following conditions of approval. Conditions of Approval: 1. Planning Commission determination of a waiver for driveway curb radii. Driveway curb radii are required to be a minimum of 25'. The applicant requests an 8'4" curb radius on the northern and southern curbs for the driveway onto Gregg Avenue. Stafffinds in favor of the requested curb radii, finding that the requested curb radius are suitable in this urban setting with limited space to provide the full 25' on all driveways and will not pose a traffic safety hazard; rather, the request will create a safer pedestrian situation. 2. Other than the building setback variance under the purview of the Board of Adjustment, and the subject waiver, a building permit for the new building shall comply with all requirements of the Unified Development Code. Planning Commission Action: Motion: Second: Vote: Meeting Date: September 11, 2006 Approved O Tabled 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 Reports109-11-06WDM 06-2257 (608 D ton Sheet Driveway Waiver).doc September 11, 2006 Planning Commission ADM 06-2257 Dickson St Driveway Waiver Agenda Item 3 Page 2 of 6 August 29, 2006 City of Fayetteville, Arkansas Planning Division 125 West Mountain Street Fayetteville, AR 72701 Attn: Jan Gambill Re: 09/11/06 Planning Commission Meeting — Administrative Item — Curb Cut Radius Dear Jan, Please find enclosed (15) copies of the revised Architectural Site Plan for 608 W. Dickson. As suggested by the Planning Department we request only a waiver of the minimum 25' radius curb cut at the Gregg Avenue entrance to our property. This is on the northeast comer of the site plan submitted. We propose the largest radius possible which is the distance from the property line to the curb, roughly 8'-4". Similar waivers have been recently granted and we feel this is reasonable request. H. Collins `. yn Haynes Limited Haynes Limited 599 Horsebarn Road Suite 100 Rogers, AR 72758 Phone: 479/464-8622 Fax: 479/464-8633 www.hayneslimited.com September 11, 2006 Planning Commission ADM 06-2257 Dickson St Driveway Waiver Agenda Item 3 Page 3 of 6 IN Mau subMtau C25' pot) NVId 31181VWI±0311H32iV September 11, 2006 Planning Commission n St Driveway Waiver Agenda Item 3 Page 4 of 6 ADM 06-2 iii THEDICIKSON 60S W. DICKSON a FAYETTEVILLE. AR September 11, 2006 Planning Commission n St Driveway Waiver Agenda Item 3 Page 4 of 6 ADM06-2257 Close Up View THE DICKSON NICKSON ST Overview 4) Legend ®oo°o Overlay District — FL00DWAY ------ 500 YEAR — 100 YEAR --- LIMIT OF STUDY – – - Baseline Profile O Fayetteville Outside City ADMOB-2257 Fut'. ii vector.GDB.Footpnnt2004 ® Hillside -Hilltop Overlay District 0 37.5 75 150 225 300 ADM Feet September 11, 2006 Planning Commission 6-2257 Dickson St Driveway Waiver Agenda Item 3 vage 5 OT b September 11, 2006 Planning Commission ADM 06-2257 Dickson St Driveway Waiver Agenda Item 3 Page 6 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 11, 2006 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 6, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2259: (MAPLE & GUNTER): The request is for an extension of the approved Conditional Use Permit (CUP 05-1684), which allowed for a 2nd dwelling unit, for one year. Planner: Suzanne Morgan BACKGROUND Property Description: The property is located on Gunter St. and Maple Avenue, a lot west of Mission Boulevard. There currently exist two lots, both owned by the applicant. The southern lot, on which is an historic home, was created as a tandem lot and has approximately 60' of lot width on Maple Avenue. On the northern lot a small garage has been converted into a single family dwelling for rent. The lot fronts Gunter Avenue and has access to an alley along the western property line. Both properties are zoned RSF-4. Background: On September 12, 2005, the Planning Commission approved a conditional use permit to create a lot with a principal structure and detached dwelling unit. The approval was conditioned upon the recordation of a property line adjustment to create the two lots. At this time, the property line adjustment has not been filed, because it requires the extension of a sewermain and the property owner has not had the funds to complete the job. Proposal: The applicant requests extension of the allowable time limit to complete all required tasks. The one (1) year time limit will expire on September 12, 2006. The extension would be for one (1) additional year to complete the requirements of the conditional use permit. If the requirements are not completed within the extension period, the conditional use permit and property line adjustment shall be rendered null and void in accordance with City ordinances. RECOMMENDATION Planning Staff recommends approval of ADM 06-2259, the requested extension for CUP 05-1684, with the following conditions: 1. The applicant shall be allowed until September 12, 2007 to fulfill all requirements of the conditional use permit. K: 1Reports120061PC Reports109-11-06t9DM 06-2259 (Maple & Gunter).doc September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 1 of 16 2. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend approval of a conditional use permit one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the cxtention prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant submitted the extension request to the Planning Division on September 05, 2006, prior to the one year time limit ending on September 12, 2006. (2) The applicant is required to reroute an existing sewer main such that it does not cross the lot line proposed on the property line adjustment plat. At this time, the applicant is referbishing the existing home and does not intend to proceed with the sewer main relocation until funds to complete the job are secured. Planning Commission Action: Motion: Second. Vote: Meeting Date: September 11, 2006 Comments: Approval (Consent) Forwardedrto.P.C. The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Sigr. nature K:IReports120061PC Reports109-II-06W DM 06-2259 (Maple & Gunter).doc Date September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 2 of 16 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) (2) (3) (4) (5) (6) (7) Preliminary plats; Planned zoning district developments; Conditional uses; Large-scale developments; Lot splits; Physical alteration of land permits; Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not K:IReports120061PC Reports 109-11-06WDM 06-2259 (Maple & Gunter).doc reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a Building Permit. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extendthe three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a Building Permit or during an allowed extension period, all of the above- enumeratedplans and permits shall; be rendered null and void. September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 3 of 16 Suzanne Morgan Re. PLA and CUP Request _ Page 1 From: "Sam Friday" <fridaysam@gmail.com> To: "Suzanne Morgan" <smorgan@ci.fayetteville.ar.us> Date: 9/5/06 9:15AM Subject: Re: PLA and CUP Request To: Planning Commission From: Sam Friday - Owner of 520 E. Maple St & 545 Gunter We have not completed the Conditional Use in the time given because of current remodeling costs halting the funds to reroute the entire sewer line to be in compliance with the Lot Line Adjustment that goes with the Conditional Use. (IE. Not crossing lot lines.) We plan on going through with the Conditional Use and Lot Line Adjustment once our home construction is completed and funds to complete the job are secure. For this reason we a requesting a year extension to the current Conditional Use and Lot Line Adjustment. Thank you for your time. Sam Friday Sam Friday PH# 479-283-4404 September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 • Page 4 of 16 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 12, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 7, 2005 Updated October 7, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 05-1684: Conditional Use Permit (FRIDAY, 446): Submitted by SAM FRIDAY for property located at 520 E MAPLE AND 545 GUNTER STS. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.80 acres. The request is to approve an existing single family home on the subject property as a detached second dwelling unit. Planner: SUZANNE MORGAN RECOMMENDED MOTION: Staff recommends approval of a conditional use to allow the creation of a detached dwelling unit with the following conditions: 1. Planning Commission determination of architectural compatibility of the existing structure with the existing, principal single family dwelling. Staff finds that the proposed detached dwelling unit is compatible with the principal structure. 2. Prior to issuance of a building permit for the second detached dwelling unit, a deed restriction to run with the land shall be filed for record in the office of the Washington County Circuit Clerk which requires that one of the units on this site shall be occupied by the property owner of record at all times. 3. All appropriate permitting (grading & drainage, building, etc.) shall be submitted and approved by the City of Fayetteville prior to the commencement of construction to the principal dwelling. 4. No more than one detached second dwelling unit shall be permitted on the subject property. 5. Any proposed addition to the detached dwelling unit shall be reviewed by the Planning Division for location, architectural design, etc. Should the applicant request any addition to the detached dwelling unit, the total area of the structure may not exceed 1,200 square feet. 6. The requested property line adjustment PLA 05-1683 shall be filed in order for this Conditional Use Permit to be approved. K:IReports120051PC Reporrs109-12-051CUP 05-1684 (Friday).doc September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 5 of 16 PLANNING COMMISSION ACTION: Required YES V Approved 0 Denied Date: September 12, 2005 Comments: The Planning Commission directed Staff to ensure that all each tract had legal acccss to water and sewer prior to filing the property line adjustment. Motion to approve by Clark. Second by Myres. 7-0-0 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: Proposal: The applicant requests approval of a property line adjustment and conditional use permit to create a lot with a principal structure and detached dwelling unit. The property is located on Gunter St. and Maple Avenue, a lot west of Mission Boulevard. There currently exists two lots, both owned by the applicant. The southern lot, on which is an historic home, was created as a tandem lot and has approximately 60' of lot width on Maple Avenue. On the northern lot exists a small garage that has been converted into a single family dwelling for rent. The lot fronts Gunter Avenue and has access to an alley along the western property line. Both properties are zoned RSF-4. At this time, a single family structure exists on each property and is therefore compliant with the zoning criteria for the RSF-4 zoning district. Although each home is on a separate and distinct property, both properties function as one. For instance, access to the southern property is by way of Gunter and there is an existing stone shed that bisects the common property line. On May 12, 2005, the applicant submitted a building permit request to make significant improvements to the existing home, add a new bedroom to the top floor and extend the back porch to the north. As this is a nonconforming structure (as it encroaches within the rear and side building setbacks required for a tandem lot), City ordinance places certain limitations on improvements, expansions, and extensions to such structures. In order to alleviate the restrictions of the setbacks on the larger/main structure on the applicant's property, the applicant has requested to adjust the existing property line to create two properties; the westem property will be vacant and have frontage on Gunter Road. The remaining property will have frontage on Maple and Gunter Road with access to Gunter Street by way of an access easement dedicated through the western lot. Although this property line adjustment will alleviate the building setback restrictions, it will create a single lot with two single family dwellings. Therefore, the applicant requests approval of a conditional use permit to allow the converted garage to be a detached dwelling unit. Recommendation: Staff is in support of granting a conditional use permit to recognize an existing structure as a detached dwelling unit to allow for property line adjustment that will create a vacant lot. The property line adjustment will not increase the density currently K:IReports120051PC Reports109-12-051CUP 05-1684 (Friday).dac September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 6 of 16 allowable for development on this lot and will result in two nonconforming structures (the principal home and shed) to become compliant with zoning district requirements. Surrounding Land Use: All surrounding properties are zoned RSF-4 and developed as single family residential. Public Comment: Staff has received no comments from adjoining property owners. GENERAL PLAN DESIGNATION: Residential § 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. Finding: The applicant has submitted a written application requesting a conditional use permit for a detached dwelling unit on the subject property zoned RSF-4. 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 K: IReports120051PC Reports109-12-051CUP 05-1684 (Friday).doc September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 7 of 16 Finding: The Planning Commission is empowered under § 163.07 (see attached) 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 requested conditional use will not adversely affect the public interest. This action will recognize an existing single family dwelling as a detached dwelling unit, which it greatly resembles as a converted garage. It will allow for improvements to the main structure on the property that will enhance its appearance as an historic structure that is in harmony with surrounding properties, which is primarily single family homes. This request will not create an increase in the amount of traffic and noise on the property. Access to the property will not change from the current situation. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and Finding: The applicant has complied with specific rules governing this individual conditional use request. (2.) That satisfactory provisions and arrangements have been made concerning the following, where applicable: (a.) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; Finding: The applicant shall dedicate access easements with the approval of the property line adjustment to insure adequate access to the eastern lot on which all structures will be located. Although there is sufficient lot width on the adjacent streets, access to the property is by way of Gunter Road to the west of the proposed detached dwelling unit. The Sidewalk Coordinator does not recommend construction of sidewalk on Maple Avenue as improvements to this street are currently being installed by the City of Fayetteville. Installation of a sidewalk on Gunter is not recommended as sidewalks in this neighborhood are on only one side of the street; there is an existing sidewalk north of Gunter Road. (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 K: IReports120051PC Reports109-12-051CUP 05-1684 (Friday).doc September 11, 2006 Planning Commission ADM 06-2259 Maple and Gunter Agenda Item 4 Page 8 of 16