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HomeMy WebLinkAbout2006-09-25 - Agendas - Final113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 25, 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, Alt 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 25, 2006, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the August 28, 2006 meeting. 2. FPL 06-2211: Final Plat (CLABBER CREEK IV, 244): Submitted by 142 ENGINEERING,INC. for property located at N OF CLABBER CREEK 111, W OF RUPPLE AND SALEM VILLAGE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 22.25 acres. The request is approve the final plat of a residential subdivision with 83 single family dwellings proposed. Planner: Suzanne Morgan 3. VAC 06-2270: Vacation (ELSASS, 449): Submitted by KIRK ELSASS for property located at 620 ROCKCLIFF RD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.55 acres. The request is to vacate a portion of a utility easement. Planner: Suzanne Morgan 4., ADM 06-2277: Administrative Item (DRAKE HILL S/D, 561): Submitted by ANNA MULLIS for property located at 836 S. HILL AVENUE. The request is to extend the approval of the Large Scale Development, LSD 05- 1800, for the Drake Hill Subdivision on the subject property. Planner: Andrew Gamer Old Business: 5. 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 for a 13 story/approximately 200' tall building with a maximum 83 dwelling units and both surface and underground parking. Planner: Suzanne Morgan THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED TO THE OCTOBER 9, 2006 MEETING. New Business: 6. ADM 06-2282: Administrative Item (EMERALD POINT S/D, 474): Submitted by STEADFAST, INC. for property located S of Wedington, E of Double Springs Road. The request is for a major modification of the approved Preliminary Plat, PPL 05-1773. Planner: Suzanne Morgan 7. LSP 06-2200: Lot Split (LINDA MAYES, 491): Submitted by BLEW, BATES & ASSOC. for property located at 445 N. CANVAS RD. The property is in the PLANNING AREA and contains approximately 3.11 acres. The request is to divide the subject property into two tracts of 1.78 and 1.33 acres. Planner: Suzanne Morgan 8. CUP 06-2241: Conditional Use Permit (QDOBA, 483): Submitted by QDOBA MEXICAN GRILL for property located at 603 W. DICKSON STREET. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.12 acres. The request is for a conditional use permit for a portable, temporary dance floor for specified evenings only. Planner: Suzanne Morgan 9. CUP 06-2239: Conditional Use Permit (PEARSON FOR BBBQ ON 15TH, 600): Submitted by C. THOMAS JR. PEARSON for property located at S OF 15TH ST. AT THE END OF VAN BUREN ST. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 5.00 acres. The request is to approve a conditional use permit for a temporary campground during the Bikes, Blues and Barbeque festival. Planner: Andrew Garner 10. CUP 06-2243: Conditional Use Permit (SPEAKEASY, 484): Submitted by MILLER, BOSKUS, LACK for property located at 509 W SPRING STREET, SUITE 250. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.08 acres. The request is for a dance floor in the new nightclub. Planner: Andrew Garner 11. CUP 06-2242: Conditional Use Permit (ON THE ROCKS, 484): Submitted by EVAN REYNOLDS for property located at 339 N. WEST AVENUE SUITE 3. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.67 acres. The request is for an outdoor music permit for the rooftop deck. Planner: Jesse Fulcher 12. RZN 06-2244: Rezoning (HENNINGSEN COLD STORAGE, 717): Submitted by JERRY HORTON OF HARRIS MCHANEY REALTORS for property located at SW CORNER OF SUNRISE MOUNTAIN AND S. SCHOOL (HWY 71 B S). The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 16.06 acres. The request is to rezone the subject property to 1-1, Heavy Commercial, Light Industrial. Planner: Jesse Fulcher 13. RZN 06-2240: Rezoning (COMBS, 564): Submitted by 142 ENGINEERING, INC. for property located at SE CORNER OF MORNINGSIDE DRIVE AND I5TH STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 61.98 acres. The request is to rezone 52.65 acres of the subject property to Residential Multi -family, 6 units per acre and the remaining 9.33 acres to C-1, Neighborhood Commercial. Planner: Andrew Garner 14. R-PZD 06-2212: Planned Zoning District (STADIUM CENTRE TOWNHOMES, 557): Submitted by 112 ENGINEERING, INC. for property located at OLD FARMINGTON ROAD, W OF ONE MILE RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.00 acres. The request is for a Master Development Plan for a Residential Planned Zoning District with 24 attached residential dwelling units. Planner: Jesse Fulcher 15. R-PZD 06-2196: Planned Zoning District (WEST FORK PLACE, 565/566): Submitted by PROJECT DESIGN CONSULTANTS, INC for property located at THE END OF RAY AVENUE, S OF HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 13.92 acres. The request is for a Master Development Plan of a Residential Planned Zoning District with 58 single family dwellings: 28 attached and 30 detached. Planner: Jesse Fulcher 16. R-PZD 06-2169: Planned Zoning District (6T11 & WOOD, 524): Submitted by N. ARTHUR SCOTT for property located at 6TH & WOOD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.80 acres. The request is for re -zoning and development approval for a Residential Planned Zoning District with 20 multi -family units. Planner. Andrew Gamer 17. ADM 06-2283: Administrative Item (PLANNNG COMMISSION BY-LAW AMENDMENT) Requested by the Planning Commission, proposed amendments include limiting time for presentations/public comment, clarifying rules for abstention from voting, and adding rules for adding items to a final agenda. Planner: Jeremy Pate All interested parties may appear and be heard at the public hearings. A copyof 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 forbearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of September 25, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: September 19, 2006 FPL 06-2211: Final Plat (CLABBER CREEK IV, 244): Submitted by H2 ENGINEERING,INC. for property located at N OF CLABBER CREEK III, W OF RUPPLE AND SALEM VILLAGE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 22.25 acres. The request is approve the final plat of a residential subdivision with 83 single family dwellings proposed. Planner: Suzanne Morgan Findings: Proposal: The applicant requests approval of a final plat for Phase 4 of Clabber Creek Subdivision. The final plat for Phase 3 was approved in March of 2006. Phase 5 of the development is under construction and the construction of Rupple Road along the entire development is complete. The subject property contains approximately 22.25 acres and is within the RSF-4 zoning district. Surrounding Zoning and Uses: Direction Land Use Zoning North Single Family (Phase V & large single family lots) RSF-4 Planning Area South Single Family (Clabber Creek Ph 3) RSF-4, Res Single Family, 4 units/acre East Single Family (Salem Village & Salem Meadows) RSF-4, Res Single Family, 4 units/acre West Vacant (Clabber Creek Phase V) RSF-4 Water & Sewer: Water and sanitary sewer have been extended to serve this development. Right-of-way being dedicated: Rights-of-way to be dedicated include both 50' and 42' rights-of- way within the subdivision. Phasing: The phasing for the project was approved with the preliminary plat. As originally approved, the streets within Phase 4 stubbed out to the west property line and to Lierly Lane Subdivision. The current proposal has these two important street connections within Phase 5. Staff recommends forwarding this final plat to the Planning Commission to determine whether K:\Reports\2006\PC Reports\09-25-06\FPL 06-2211 (Clabber Creek Phase 4).doc September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 1 of 10 the revised phasing plan is appropriate. Staff recommends approval of the revised phase lines, because construction of the streets within Phase 5 has begun and no lengthy delays are anticipated for the completion of this infrastructure. Connectivity: Connectivity was reviewed and approved with the approval of the preliminary plat. The Planning Commission determined the proposed street and block configurations were appropriate. Park land: Parks and Recreation received warranty deeds for 19.15 and 18.59 acres on March 25, 2003. This land donation was applied to and covers all park land dedication requirements. Tree Preservation: Existing: 10.9% Preserved: 4.0% Required: 10.9% Mitigation: Required; 691 (169 trees for Phase 4) Recommendation: Staff recommends approval of FPL 06-2211 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a waiver a modification to the phasing of Clabber Creek Phases 4 and 5. Staff recommends approval of the revised phase lines, because construction of the streets within Phase 5 has begun and no lengthy delays are anticipated for the completion of this infrastructure. To ensure completion of these improvements, no Certificate of Occupancy shall be issued for any lot within Phase 4 until the final plat application for Phase 5 has been submitted and accepted by the City Planning Division. The Subdivision Committee recommended approval of the modification to phase lines with a condition stipulating the timing of completion for Phase 5 which would ensure the installation of the street connections. 2. No heavy construction traffic associated with the development of Phase 4 shall access the property through Thames Drive, but be limited to access from the Lierly Lane and Rupple Road. 3. The original approval for this plan was for Phases 3-5. A total of 691 (2) inch caliper trees will be required for mitigation. As each phase finalizes, a separate planting plan will be submitted for approval by the Urban Forester. At the Final Plat of Phase 5, any remaining trees that were not able to be located on-site will be paid as money in lieu into the City of Fayetteville's Tree Escrow Account. The developer has chosen to use the on-site mitigation plan. For Phase 4, 169 (2) inch caliper large species trees will be planted within the street right of ways and on the interior of the lots. This will require a 3 -year maintenance and monitoring bond in the amount of $42,250 to be deposited with the City before signature of final plat. K:\Reports\2006\PC Reports`09-25-06\FPL 06-2211 (Clabber Creek Phase4).doc September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 2 of 10 5. Access shall be restricted to interior streets for lots fronting Rupple Road. 6. Street lights (a total of 17 lights) shall be installed or guaranteed with a maximum separation of 300 feet along all streets prior to final plat recordation. 7. Sidewalks along Rupple Road shall be installed prior to recordation of the final plat. All other sidewalks shall be installed or guaranteed prior to recordation. 8. The applicant shall install future street extension signs at all street stub -outs which have not been extended beyond the property boundary of Phase 4, prior to recordation of the final plat. 9. Subdivision area signage shall be permitted in accordance with applicable city codes. 10. The applicant shall submit for final plat review comments by Planning and Engineering Staff from the City prior to application of signatures. The plat shall be revised to address the following: a. The GIS Division is currently reviewing the revised legal description. Approval of the revised legal description is required prior to recordation. b. Relocate the street light symbol at the intersection of Rupple Road and Tanyard slightly to the west so it is not obscured by the storm sewer line. c. Add the street suffix, "Drive," following street names both on the plat and in the street table: Mahogany, Tanyard, Whistle Post, and Shadow Crest. d. Add a footnote to the Street Table stating that the "E" and "W" symbols for Mahogany refer to east and west of Whistle Post Drive. e. Add the lot width of Lot 117 at the building setback on Mahogany Drive to the plat. f. Identify the 20' UE between lots 159 and 182 and call out the utility easements on the side property lines of lots 144, 145, and 158. g. Show the future Lierly Lane connection between Hughmount Road and Adams Road on your vicinity map to reflect the Master Street Plan. h. The second sentence in note 11 can be revised to state that heavy construction traffic use access from Lierly Lane or Rupple Road. The third sentence can be removed as the construction of Rupple Road has been completed. i Add drainage easement at the corner of lots 144, 145, 158, 159, and 191 ten foot from the centerline of the closest storm drainpipe. j. Before the final plat can be signed by the Engineering Division the developer must submit the construction costs, maintenance bonds and as -built plans for all public improvements. The Subdivision Committee forwarded the final plat to the Planning Commission with the requirement that all required modifications be addressed. The applicant did address the majority of comments. The above items are a combination of those which were not sufficiently addressed and new issues which have arisen due to the modifications. K:\Reports\2006\PC Reports109-25-06\FPL 06-2211 (Clabber Creek Phase 4).doc September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 3 of 10 Standard Conditions of Approval: 11. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 12. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidcwalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 13. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. Planning Commission Action: Approved Denied Tabled Date: September 25, 2006 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:Reportst2006\PC Reports'09-25-06FPL 06-2211 (Clabber Creek Phase 4).doc September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 4 of 10 PC Meeting of September 25, 2006 TIIE CITY OF FAYETTEVILLE, ARKANSAS TREE PRESERVATION and PROTECTION REPORT 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: Fayetteville Subdivision Committee From: Sarah K. Patterson, Urban Forester Date: September 20, 2006 ITEM #: FPL 06-2211: Final Plat (Clabber Creek IV) Requ Canopy Measurements: , ,a1Ee7.a. acres 75.11 square feet 3,271,972 an acres 8.15 square feet 354,897 percent of site area 10.9% acres 3.23 square feet 140,739 percent of total site area 4.0% .. ........ 10.9% Recommendation: Staff recommends approval of the Tree Preservation Plan associated with FPL 06-2211 with the following conditions: Conditions of Approval: 1. The original approval for this plan was for Phases 3-5. A total of 691 (2) inch caliper trees will be required for mitigation. As each phase finalizes, a separate September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 5 of 10 Initial Review with the Landscape Administrator ✓ Site Analysis Map Submitted / Site Analysis Written Report Submitted / Complete Tree Preservation Plan Submitted Canopy Measurements: , ,a1Ee7.a. acres 75.11 square feet 3,271,972 an acres 8.15 square feet 354,897 percent of site area 10.9% acres 3.23 square feet 140,739 percent of total site area 4.0% .. ........ 10.9% Recommendation: Staff recommends approval of the Tree Preservation Plan associated with FPL 06-2211 with the following conditions: Conditions of Approval: 1. The original approval for this plan was for Phases 3-5. A total of 691 (2) inch caliper trees will be required for mitigation. As each phase finalizes, a separate September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 5 of 10 planting plan will be submitted for approval by the Urban Forester. At the Final Plat of Phase 5, any remaining trees that were not able to be located on-site will be paid as money in lieu into the City of Fayetteville's Tree Escrow Account. 2. The developer has chosen to use the on-site mitigation plan. For Phase 4,169 (2) inch caliper large species trees will be planted within the street right of ways and on the interior of the lots. This will require a 3 -year maintenance and monitoring bond in the amount of $42,250 to be deposited with the City before signature of final plat. September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 6 of 10 j 1 d (3 3liiA3LJAtl3 400Z Z Z < Septe 06 Planning ommission FPL 06-2211 Clabber Creek Phase 4 Agenda Item 2 Page 7 of 10 0 N I- t;F. :nag& mat 39tl771A 31vs 1'11114111 fry=:g �� J x � �'®s •'•••- ' �•R,, II dm Ir. ill CIE aft' ME 4k ei'*1 a0 Lull : Nil 1 11 �® .i nips 9" ni l\00 �fi� i 331. ■ ®®11 4 :®�'�• y •`�. 11 11,741i L a j j ©110 a©©,;. $ tur I \\l9 2 1 R1Pj` 10 era— A a, .. .,333. 4, iter.z, p , _ _ rj;9lu'_3111 .33333. III9111 1 'lir ! ■ a bil,16. OS cc JZ N Q \ a a .o o C t a [ 4 tib - ,er[gss >.cssamx FPL 06-221(1 er 25, 1006 ommi$sion eek Phase 4 Agenda Item 2 Page 8 of 10 FPL06-2211 Close Up View CLABBER CREEK IV Overview Legend ©o0°°$ Overlay District — FLOODWAY ,. _.-..- 500 YEAR -- 100 YEAR LIMIT OF STUDY - - BaseLine Profile 0 Fayetteville I Outside City FPL00-2211 vectorGDB.Footprint_2004 IRE Hillside -Hilltop Overlay District 0 200 400 800 1,200 1,600 Feet September 25, 2006 Planning Commission FPL 06-2211 Clabber Creek Phase 4 u Page 9 of 10 =r Lir 314n sem- Ii ml QI ! 3� 21 RSF-4 f � G p. / —r RSF-0L ¢! SI I R$FL-P] -+ r i 1- i r! r_ i RSF1 I 1 katl Q _ i lei Ifa1LbiErTI � la-j12SF-0 s r6_ RA 1 - ftSFd �.� O 1 Overview Legend Subject Property FPL06-2211 Boundary eNe.r Planning Area d0000, 0000000° Overlay District Outside City Legend MB Hillside -Hilltop Overlay District 0 0.25 0.5 1 M September 25, 2006n Planning Commisao p 06-2211 Clabber Creek Phase 4 2 Page 10 of 10 Ageriaa nem PC Meeting of September 25, 2006 TI -IE: CITY OF FAVETTE VILLF. ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: September 19, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 06-2270: Vacation (ELSASS, 449): Submitted by KIRK ELSASS for property located at 620 ROCKCLIFF RD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.55 acres. The request is to vacate a portion of a utility easement. Planner: Suzanne Morgan Findings: Property Description and Background: The subject property is Lot 9 of Phase 1 of the Hyland Park Subdivision. The property is zoned RSF-4 and partially located within the Hillside Hilltop Overlay District. Utility easements were platted at 20' along the side and rear property lines. A 10' utility easement was platted adjacent to Rock Cliff Road. The City issued a permit for the construction of a single family dwelling on June 28, 2004. In August of 2005, it was discovered that the building was constructed within a utility easement and a retaining wall was constructed over a sewer main. Work on the structure halted and a hold was put on issuance of a final certificate of occupancy. The owner has since relocated the sewer line from beneath the retaining wall and submitted a vacation petition for the encroachment into the utility easement. When the structure was constructed, it was built within the front 25' building setback. Since this encroachment occurred the city adopted the Hillside/Hilltop Overlay District, in which a portion of this lot is located. A 15' front building setback is applied to those areas within the HHOD. The portions of the structure in the HHOD are compliant with setback regulations. Variances may be required for the portions of structure not located within the HHOD to which the 25' building setback is applied. Request: The applicant requests vacation of a portion of the 20' utility easement adjacent to the west property line, containing 182.4 square feet. There is a sewer main located on the west property line. A 20' utility easement was platted to the west of the property line on the adjacent lot and a 12.66' utility easement would remain on the subject property for a total 32.66' wide easement at the most narrow point. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. K:\Reports\2006\PC Reports \09-25-06\VAC 06-2270 (Elsass).doc. September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 Page 1 of 10 UTILITIES RESPONSE Cox Communications No Objections Ozarks Electric Coop. No Objections SWEPCO No Objections Arkansas Western Gas No Objections AT&T! Southwestern Bell Telephone A local SBC representative has reviewed the proposed vacation and indicated no objections with the proposal. The City is awaiting formal approval from SBC's office in Little Roack. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer Solid Waste Transportation A 10' utility easement must be maintained from the sewer main, located on the property line, in the area to be vacated. The remaining utility easement would be 12.66' from the sewer system. No Objections No Objections Public Comment: Staff has received responses from several adjoining neighbors. Of these responses, only the adjoining owner to the east and north, Mr. Bruce Dixon, has expressed opposition to the vacation request if it will create difficulty or added expense for this owner to run utilities to his lots. Responses from all utility companies, with the exception of AT&T/SBC, have been submitted and there are no objections to the vacation. The only known utility within the easement is sewer and the Water/Sewer Division has stated that the remaining 12.66' utility easement is sufficient for the maintenance and repair of the sewer main. The 20' utility easement along the east and north property line which abuts the property owned by Mr. Dixon will remain intact. Staff does not foresee any detrimental impacts on the adjacent owners as a result of this easement vacation. K:\Reports\2006\PC Reports\09-25-06\VAC 06-2270 (Elsass).doc September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 Page 2 of 10 Recommendation: Staff recommends approval of the proposed utility easement vacation VAC 06-2270 with the following condition: Conditions of Approval: 1. All existing utility easements along the west property line shall remain in place, with the exception of that portion on which the existing structure encroaches. 2. The vacation is subject to AT&T/Southwestern Bell Telephone approval prior to City Council consideration. 3. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: yes Required Recommendation to be: _Approved Denied Motion: Second: Vote: Date: September 25, 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 K:\Reports\2006\PC Reports\09-25-06\VAC 06-2270 (Elsass).doc September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 Page 3 of 10 Bruce L. Dixon Janet A. Flaccus 2809 Hyland Park ltd. Fayetteville AR 72701 September 12, 2006 Tim Conklin, AICP Director of Planning and Development Management City of Fayetteville 113 West Mountain Street Fayetteville AR 72701 Dear Mr. Conklin: We are writing you concerning a request for vacating an easement. The request is being made by Kirk Elsass for a house he is constructing on 620 Rockcliff. Currently part of the house is constructed over the easement on the west side of the lot. We own the lot immediately to the east of 620 Rockcliff. We object to vacating the easement because we do not have full information about how the current easement is being used. If the easement currently has utilities in it, we object because it would make accessing the utilities quite difficult if repair were needed. If the easement is not active but would have to be activated to supply utilities to our lot immediately to the east, we would object because of the additional cost to developing our lot. If we can be assured that these problems will not arise, we will consider waiving our objection to vacating the easement. xc: Kirk Elsass via Alan Reid & Associates / Andrew Garner, Senior Planner, City of F,, yetteville RECEIVED SEP 1 3 2006 CITY OF FRYE F EVILLt PLANNING DIVISION September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 Page of 10 FROM LINDSEY & ASSOCIATES (WED)SEP 20 2006 16:43/ST.16:42/No.6825578887 P 2 PETITION.TO VACATE AN EASEMENT LOCATED IN LOT 9 OF THE REPLAT OF BLOCK 4, HYLAND PARK. PHASE I, TO THE CITY OF FAYETTEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement herein sought to be abandoned and vacated, lying In Lot 9, Replat of Block 4, Hyland Park, Phase I, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an easement which Is described as follows: pESCPIPt%ONOFUriurt 4SEMEy7VAC4T(PF1 A PART OF LOT NUMBERED NINE (9), REPEAT OF BLOCK NUMBERED FOUR (4), HYLAND PARK, PHASE I, FAYETTEVILLE, ARKANSAS. AS PER PLATON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EXOFFK:IO RECORDER OF WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT NINE (9), THENCE NO3°09'33"W 58.35 FEET ALONG THE WEST LINE OF SAID LOT NINE (9) TO A POINT; THENCE LEAVING THE WEST UNE OF SAID LOT NINE (9), N86°50'27"E 14.60 FEET TO THE NORTHWESTERNMOST CORNER OF AN EXISTING HOUSE FOR THE TRUE POINT OF BEGINNING; THENCE S89°28'43"E 5.51 FEET ALONG THE NORTH UNE OF SAW HOUSE TO A POINT ON THE EAST UNE OF A TWENTY (20) FOOT WIDE UTILITY EASEMENT; THENCE LEAVING THE NORTH SIDE OF SAID HOUSE, S03°09'33"E 28.43 FEET ALONG THE EMT UNE OF SAID EASEMENT TO A POINT ON THE SOUTH SIDE OF SAID HOUSE; THENCE LEAVING THE EAST LINE OF SAID EASEMENT, N89°44'0S'W 7.34 FEET TO THE SOUTHWESTERNMOST CORNER OF SAID HOUSE; THENCE N00°31'17"E 28.41 FEET TO THE POINT OF BEGINNING, CONTAINING 182,4 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the easement ie Lot 9, Rapist of Block 4, Hyland Park, Phase I, City of Fayetteville, Arkansas, and that the public Interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon andel vacate the above described portion of the utility easement. Dated this day ofcr. / ` f 2004 S Fri Si re Primed name Signature September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 ' Page 5 of 10 za 0F 0 co z 0 0 z a rc to n it In m to n m N N N W to MN U 0 - 00 P- WZ Y to O n N Lei N M N a o Ena Z M O y W M O N M O Z W N N 10 Z W Z J J J 1 J LL 5F u) O O N.j CO. 0' O O w 0 N GG , cc co- J O O _ ¢ ...r: N 61.1 J Z O x w W x Z O N m~ O > 2 < N< S LL O W K 1 F p w J O Z O d 2 61 Y O W F Z Z Z Z y ¢ F ow,ww Z aw WZaO w,'ZI-ZZI-WpZ Lit N Q Z w U e7T 0 0 0 0 0 0 0 xQ3O=LLUWa F-w2zmFF,U M W O 3 ¢ w O Z O w m a Li., O W O z ¢ �w r O, �wZ_Z LU Z w O m W y F > ZotO WOU00 WwZ SZ Z a W O J 2 Z p -1.-.10 w O 4)0, -,,La W (J o O Q O LL LL Z LL Q J O Z N d O W N W N 0 X_ ¢JIX� ow�U w-Zwj�HwZ3W co O LL ¢- W LOO Mto o co •W=° OJ ol'NZSFFZ. 00 DFW- U 6t dO a. H d KOO Wi, WF 7_ in7 ZF Li_0 r m Q 04 Ow URYJWZQto FO2Od 0 a 0 U ` O O ZN O J w cZ NrNY FQ s,4., s of m0 W5 !p M M cls FS 0 Ne-- 0 U.E. Na NO3'09'33"W (P= NO2'52'54'49 146.30' 20_U.E.__ —J + 0 T 9 co c4 September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 Page 6 of 10 • • • Y WNy p ~ Y W h M 0 1- N M' September 25, 2006 Planning Commission VAC -06-2270EIsass Agenda Item 3 --- Page 7of10 VAC06-2270 Close Up View ELSASS overview 90003 overlay District 000Jo 0 37.5 75 FLOOOWAV '-- _' - 500 YEAR 100 YEAR -- LIMIT OF STUDY — — - Baseline Profile O Fayetteville 1 Outside City Fayetteville •� vector.GDB.Foatpnnt2004 �RiOside4lilttop Overlay District 1 1 Wash Co Parcels (Fayetteville) 150 225 300 Feet September 25, 2006 Planning Commissio VAC 06-2270 Elsass Aa It 3 Page 8 of 10 Overview Legend Subject Property VAC06-2270 Boundary Planning Area .00000 o Overlay District Outside City 0 0.25 0.5 Legend NM Hillside -Hilltop Overlay District 1 M iles September 25, 2006 Planning Commission VAC 06-2270 Elsa ss 3 Page 9 of 10 September 25, 2006 Planning Commission VAC 06-2270 Elsass Agenda Item 3 Page 10 of 10 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of September 25, 2006 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 20, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 06-2277: Administrative Item (DRAKE HILL S/D, 561): Submitted by ANNA MULLIS for property located at 836 S. HILL AVENUE. The request is for a one-year extension on the approval of the Drake Hill Large Scale Development, LSD 05-1800. Property Owner: ANNAN MULLIS Planner: ANDREW GARNER BACKGROUND Project Description: The project site contains approximately 1.72 acres located at 836 South Hill Avenue. The approved Large Scale Development for this site consists of the construction of seven multi -family buildings containing 31 multi -family units, 46 parking spaces, and improvements to Hill Avenue and the private alley along the northern property line. Background: The original Large Scale Development for the project was approved on November 28, 2005. The owner has stated that the construction of the project has been delayed due to market conditions and financing. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on November 28, 2007. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. If the permits are not issued prior to November 28 2007, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 06-2277, the requested extension to the LSD 05-1800, with the following conditions: 1. The applicant shall be allowed until November 28, 2007 to receive all required building permits. If all permits have not been received by this time, the Large Scale Development approval shall be revoked. 2. The proposed development shall comply with the recently adopted Lighting Ordinance for K:IReports120061PC Reports109-25-06WDMO6-2277 (Drake Hill LSD Extension).doc September 25, 2006 Planning Commission ADM 06-2277 Drake Hill LSD Extension Agenda Item 4 Page 1 of 6 the City of Fayetteville. 3. 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 large scale development one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the extention 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 has submitted the extension request to the Planning Division on September 13, 2006, prior to the one year time limit ending on November 28, 2006. (2) The applicant has stated that market conditions and financing have delayed this project for now, but that they plan to move forward in the following year with the development. An ordinance amendment adopting an outdoor lighting ordinance has been adopted since the Planning Commission approval of this project on August 8, 2005. Appropriate conditions have been added to ensure compliance with this new ordinance requirement. The UDC allows a three year period from the date of issuance of a building permit to the receipt of a final Certificate of Occupancy. K:1Reports120061PC Reports109-25-061ADM 06-2277 (Drake Hill LSD Ectension).doc September 25, 2006 Planning Commission ADM 06-2277 Drake Hill LSD Extension Agenda Item 4 Page 2 of 6 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) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) 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 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 extend the 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) K: IReports120061PC Reporls109-25-061ADM06-2277 (Drab Hill LSD Extension).doc 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 - enumerated plans and permits, shall be rendered null and void. September 25, 2006 Planning Commission ADM 06-2277 Drake Hill LSD Extension Agenda Item 4 Page 3 of 6 LSD05-1800 Close Up View DRAKE HILL SUBJECT PROPERTY �LROAD SPUR PRIVATE_noa 0 NATIONAL ST h PRIVATE 603 DR PUB Legend 80000 Overlay D' tri t — FLOODWAY ----- 500 YEAR 0000 — 100 YEAR --- LIMIT OF STUDY – – - BaseLine Profile ' O Fayetteville Outside City LSD05-1800 vector.ODB.Faotprint2004 75 150 300 450 600 Feet A September 25, 2006 Planning Commission M 06-2277 Drake Hill LSD Extension Ada Ifum A Page 4 of 6 LSD05-1800 DRAKE HILL One Mile View ft6A RR� R$Pd :1 RSP 4 F4 RSFi -RSF-4E _.. DCK$ei LER1Y POND O' SUBJECT PROPERTY J_i_ C-2 , (OFFICE Oq\ 42 STORAGE D8 `1Y' Inn ...._ RPZD V_ A993 PRIVATE1A 42 PR PRNATE: CATO SPRINGS _ Overview RMF -24,' 1- F -D I{1 Legend Subject Property LSD05-1800 Boundary iti Planning Area ,00004 o Overlay District Outside City Legend 0 0.125.25 0.5 0.75 1 September 25, 20 - M,IPlanning Commissi P -<DTJI ifA277 Drake Hill LSD Extensi MI OM 6 n n Agenda Item 4 Page 5 of 6 September 25, 2006 Planning Commission ADM 06-2277 Drake Hill LSD Extension Agenda Item 4 Page 6 of 6