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HomeMy WebLinkAbout2006-10-09 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, October 9, 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 aye evi;le ARKANSAS TENTATIVE AGENDA 113 W. Mountain SI. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, October 9, 2006, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. LSD 06-2237: Large Scale Development (BANK OF THE OZARKS 6TH ST., 558): Submitted by CRAFTON TULL & ASSOCIATES/RUSSELLVILLE for property located at NE CORNER HWY 62W AND FINGER RD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.96 acres. The request is to approve a 4,352 s.f. branch bank with associated parking. Planner: Andrew Garner Old Business: 2. 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 THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED. 3. 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 4. 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 80 dwelling units and both surface and underground parking. Planner: Suzanne Morgan New Business: 5. LSD 06-2265: Large Scale Development (MAYNARD, 717): Submitted by MILHOLLAND COMPANY for property located at SE WILLOUGHBY AND MCCOLLUM. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 2.95 acres. The request is for extended development, grading and entrance paving for an existing industrial use structure. Planner: Suzanne Morgan 6. CUP 06-2268: (DENEKE, 245): Submitted by WESLEY DENEKE for property located at 3531 SWEETGRASS, SALEM MEADOWS S/D. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.21 acres. The request is for a home occupation for a computer-based business. Planner: Andrew Garner 7. CUP 06-2269: (THE ARBORS @ SPRINGWOODS LOT 2, 286): Submitted by H2 ENGINEERING for property located at LOT 2 OF SPRINGWOODS PZD. The property is zoned C-PZD 03-08.00 and contains approximately 25.23 acres. The request is for a conditional use permit to allow a club house and pool (Use Unit 4, Cultural and Recreational facilities.) Planner: Andrew Gamer 8. R-PZD 06-2213: Planned Zoning District (SUNBRIDGE VILLAS, 290): Submitted by PROJECT DESIGN CONSULTANTS, INC. for property located at NW OF SUNBRIDGE DRIVE AND VILLA BLVD VILLA M/H PARK. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 20.92 acres. The request is for 129 detached and 40 attached residential dwellings. Planner: Andrew Garner 9. ADM 06-2292: Administrative Item (STONEBRIDGE MEADOWS PHASE V): Submitted by H2 ENGINEERING for property located S. OF HWY 16E AT GOFF FARM ROAD. The applicant is appealing the conditions of approval for Lot 71 of Stonebridge Meadows Phase V regarding street improvements and assessments. Planner: Jesse Fulcher 10. R-PZD 06-2256: Planned Zoning District (932 GARLAND, 444): Submitted by ARCHITECTS 226, INC. for property located at 932 GARLAND, BETWEEN BERRY AND HUGHES STREET. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.84 acres. The request is to review a Master Development Plan for a Residential Planned Zoning District with 37 dwelling units and 22,854 s.f. of commercial space. Planner: Jesse Fulcher 11. ADM 06-2276: Administrative Item (ZOTTI APPEAL): Submitted by Scott Zotti for property located at 676 West Ash Street, contesting the Zoning and Development Administrator's interpretation of the Unified Development Code regarding screening of certain uses. Planner: Jeremy Pate 12. ADM 06-2294: Administrative Item: (USE UNITS): The request is to add Use Unit #15, Neighborhood shopping goods, within the R -O, Residential Office zoning district as a Conditional Use Permit, amending the Unified Development Code. Planner: Jeremy Pate 13. 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 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. PC Meeting of October 9, 2006 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, Alt 72701 Telephone: (479) 575-8267 TO: Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: October 4, 2006 LSD 06-2237: Large Scale Development (BANK OF THE OZARKS 6TH ST., 558): Submitted by CRAFTON TULL & ASSOCIATES/RUSSELLVILLE for property located at NE CORNER HWY 62W AND FINGER RD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately L96 acres. The request is to approve a 4,352 s.f. branch bank with associated parking. Planner: Andrew Garner Findings: Subdivision Committee Report: The Subdivision Committee forwarded this item from its September 14,' 2006 meeting to the full Planning Commission instead approving it because the final tree preservation numbers were not available at that meeting. The final tree preservation numbers have been provided and are included in the conditions of approval of this staff report. Property & Proposal: The subject property is located at the northeast corner of One Mile Road and 6th Street and is zoned C-2 Thoroughfare Commercial. The owners are proposing a 4,362 sq. ft. bank building with 23 parking spaces. A curb cut in the southeastern corner of the site onto 6th Street, and a curb cut in the northwest corner of the site onto One Mile Road provide two means of ingress and egress. The property was previously developed for use as a gas station that is abandoned. Surrounding Land Use and Zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Residential C-2 South Wal-Mart C-2 East Commercial C-2 West Bank C-2 Right-of-way being dedicated: 55' from centerline right-of-way for 6th Street (State Highway 62) along the project frontage by warranty deed. 25' from centerline right-of-way for One Mile Road. Adjacent Master Street Plan Streets: 6th Street (State Highway 62), a Principal Arterial; One Mile Road, a Residential Street. K:IReports120061PC Reports110-09-061LSD 06-2237 (Bank of the OzorkrJ.doc October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 1 of 12 Water/Sewer: Water and sewer service is available to the proposed structure. Tree Preservation: Existing Canopy: 21.13% Preserved Canopy: 13.36% Mitigation: 7 two-inch caliper large species trees (onsite planting) Recommendation: Staff recommends approval of LSD 06-2237 with the following conditions: Conditions of Approval: 1. Planning Commission determination of Commercial Design Standards and compatibility with the surrounding commercial developments. Staff finds that elevations presented comply with Commercial Design Standards. SUBDIVISION COMMITTEE DETERMINED IN FAVOR OF THIS CONDITION (09/14/06). 2. Planning Commission determination of street improvements. Staff recommends that One Mile Road be improved to Master Street Plan Standards along the project frontage for a local street with 14' from centerline pavement , curb, gutter, storm drainage, and 6' sidewalk. SUBDIVISION COMMITTEE DETERMINED IN FAVOR OF THIS CONDITION (09/14/06). 3. The entry drive on One Mile Road shall be directly lined up with the Liberty Bank drive across the street. Depict the location of the adjacent curb cut on the site plan. 4. Comments from the City Engineering Division in the memo attached to this report are included in the official conditions of approval. 5. Cross Access: An access easement shall be indicated along the eastern drive aisle extending to the eastern property line, beginning at the entrance off of 6th Street and extending north to the northern property line of the adjacent parcel to the east. An access easement shall also be provided on the driveway entrance off of One Mile Road extending into the property approximately 60'. These access easements will allow the potential for future cross access if the property to the north or east develops. The Planning Commission will evaluate cross access on adjacent development and require such access if deemed feasible at the time of development. 6. Right-of-way dedication in the amount of 55' from centerline along 6th Street by warranty deed is required prior to issuance of a building permit, and 25' from centerline along One Mile Road by easement plat or warranty deed. 7. Street lights are required to be installed every 300' along the property's frontage prior to the issuance of a Certificate of Occupancy. The applicant shall show the location of all existing and proposed street lights along 6th Street and One Mile Road in the vicinity. 8. All proposed signs shall be permitted separately from the large scale development proposal, by a Sign Permit application and Certificate of Zoning Compliance. K:I Reports120061PC Repons110-09-061LSD 06-2237 (Bank of the Ozarka).doc October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 2 of 12 Tree Preservation Conditions: 9. Mitigation is required to replace 1,399 square feet of canopy removed. This is equivalent to 7 (2) inch caliper large species trees. These trees have been approved to be planted back on- site. 10. Before issuance of a final certificate of occupancy, all 7 trees must be planted and a letter of credit, bond, or check in the amount of $1,750 shall be deposited with the City of Fayetteville for a 3 -year maintenance and monitoring bond. Landscape Plan Conditions: 11. Dimension a 15' landscape area adjacent to all surrounding rights-of-way. Indicate large species, deciduous trees at a ratio of one per 30' adjacent to the rights-of-way, located within the 15' landscape area. The Landscape Plan shows too few trees adjacent to 6th Street and One Mile Road. 12. 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. Standard Conditions of Approval: 13. 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). 14. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 15. Any required trash enclosure shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials 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. Any additional dumpsters located on site shall be screened from the right-of-way. 16. All mechanical/utility equipment (roof and ground mounted) shall be screened using materialsthat are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 17. All exterior lights shall be reviewed at the time of building permit submission for compliance with the Outdoor Lighting Ordinance. 18. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. K: IReparts120061PC Reports110-09-06VSD 06-2237 (Bank of the Ozarks).doc October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 3 of 12 19. Large scale development shall be valid for one calendar year. 20. 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. 21. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. 22. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Additional Conditions: a. b. Planning Commission Action: Approved Denied Tabled Motion: Second: Vote: Meeting Date: October 9, 2006 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K.9Reports120061PC Reports110-09-061LSD 06-2237 (Bank of the Ozarks).doc October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 4 of 12 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of October 9, 2006 TREE PRESERVATION and PROTECTION REPORT 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3470 To: Fayetteville Planning Commission From: Sarah K. Patterson, Urban Forester Date: October 3, 2006 ITEM # LSD 06-2231: Large Scale Development (Bank of the Ozarks 6th Street) Requirements Submitted: Canopy Measurements: FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site currently has an old gas station near the front of the parcel next to Highway 62. There are several large trees located along the back of the property. The trees are a variety of oaks, cherry, hickory, October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 5 of 12 Initial Review with the Landscape Administrator T Site Analysis Map Submitted T Site Analysis Written Report Submitted T Complete Tree Preservation Plan Submitted Canopy Measurements: FINDINGS: The desirability of preserving a tree or group of trees by reason of age, location, size or species. • This site currently has an old gas station near the front of the parcel next to Highway 62. There are several large trees located along the back of the property. The trees are a variety of oaks, cherry, hickory, October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 5 of 12 and maple. The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. • Environmental degradation should not occur on this site. The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. • Canopy removed will affect the property owner to the north. Screening will be required since this is a non-residential project developing adjacent to residential property. Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. • N/A Whether the size or shape of the lot reduces the flexibility of the design. • Size and shape of the lot should not reduce flexibility of design. The general health and condition of the tree or group of trees, or the presence of any disease, injury or hazard. • The general health of these trees is good to fair. The placement of the tree or group of trees in relation to utilities, structures, and use of the property. • The trees that will be saved with this project are found in alarge=green space. Utilities and the structures should not compromise their root system. A bit will be disturbed for the construction of the drive but all else will be preserved and protected. The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. • The canopy marked for removal is found along the northern property line. The utility companies have requested a 20 foot utility easement along this boundary. All trees within will have to be removed for the installation. Whether roads and utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. • Roads have been designed to minimize impact on the existing topography. Utility requirements force canopy to be removed. Construction requirements for On -Site and Off -Site Alternatives. • N/A The effects of proposed On -Site Mitigation or Off -Site Alternatives. • Mitigation will be required to replace 1,399 square feet of canopy October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 6 of 12 removed. The effect other chapters of the UDC, and departmental regulations have on the development design. • N/A The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations: • N/A The impact a substantial modification or rejection of the application would have on the Applicant: • Staff is recommending approval of the submitted Tree Preservation Plan with the following Conditions of Approval. Conditions of Approval: 1. Mitigation is required to replace 1,399 square feet of canopy removed. This is equivalent to 7 (2) inch caliper large species trees. These trees have been approved to be planted back on-site. 2. Before issuance of a final certificate of occupancy, all 7 trees must be planted and a letter of credit, bond, or check in the amount of $1,75o shall be deposited with the City of Fayetteville for a 3 -year maintenance and monitoring bond. October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 7 of 12 THE CITY OF FAYETTEVILLE, ARKANSAS LANDSCAPE REVIEW FORM Planning Commission Meeting October 9,2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 To: Planning Commission From: Andrew Garner, Senior Planner Date: October 4, 2006 ITEM #: LSD 06-2237 (Bank of the Ozarks) Applicable Requirements: Plan Checklist: Y = submitted by applicant N = requested K: I Urban ForesterIPRO✓ECTSILSD-20061Bank of the Ozarks -6th Street1LandscapeReviewForm - PC.doc Octobe 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 8 of 12 @� y wheel stops /curbs y irrigation y edged landscape beds indicated Y species of plant material identified Y size of plant material at time of installation indicated Y interior landscaping narrow tree lawn (8' n. width, 17' min. length / 1 tree per 15 spaces) tree island (10' min. width / 1 tree per 12 spaces) Y perimeter landscaping side and rear property lines (5' landscaped) adjacent to street R.O. W (15' greenspace exclusive for landscaping / 1 street tree every 30 L.F., a continuous planting of shrubs and ground cover - 50% evergreen) K: I Urban ForesterIPRO✓ECTSILSD-20061Bank of the Ozarks -6th Street1LandscapeReviewForm - PC.doc Octobe 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 8 of 12 Y Planning Commission Meeting October 9, 2006 soil amendments notes include that soil is amended and sod removed Y mulching notes indicate mulching around trees and within landscape beds. Y planting details according to Fayetteville's Landscape Manual N Y NA NA NA NA greenspace adjacent to street R.O.W. (15' wide) street trees planted every 30' L.F. along R.O.W. outdoor storage screened with landscaping NA NA NA fence required outdoor storage screened with landscaping non-residential landscape screen when adjacent to residential zones landscape requirement for setback reduction greenspace adjacent to street R.O.W. (25' wide) NA street trees planted every 30'L.F. along R.O.W. NA 25% of total site area left in greenspace (80% landscaped) NA parking lots and outdoor storage screened with landscaping 1. Dimension a 15' landscape area adjacent to all surrounding rights-of-way.. Indicate large species, deciduous trees at a ratio of one per 30' adjacent to the rights-of-way, located within the 15' landscape area. The Landscape Plan shows too few trees adjacent to 6th Street and One Mile Road. 2. 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. K:1Urban ForestertPRO✓RCTSILSD-20061Bank of the Ozarks -6th StreettLandscapeReviewForm - PC.doc October 9, 2006 Planning Commission LSD 06-2237 Bank of the Ozark Agenda Item 1 Page 9 of 12 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 West Mountain St. Fayetteville, AR 72701 ENGINEERING DIVISION CORRESPONDENCE 479-575-8206 To: Andrew Gamer, Planner Date: September 14, 2006 From: Glenn E. Newman, Jr., P.E. Staff Engineer Re: Plat Review Comments (September 14, 2006 Subdivision Committee) Development. Bank of the Ozarks - LSD — 06-2237 Intersection of One Mile Rd and Sixth Street Engineer: Crafton, Tull & Associates, Inc. 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. It appears that the access drive from Sixth Street is blocking drainage from the east property. Extend proposed storm drainpipe under driveway and install area inlet to capture this runoff. 3. Increase the radius at the intersection at Sixth Street and One Mile Road to 30 ft. 4. Install access ramp on Sixth Street at intersection. Line up with access ramp across street. 5. Sidewalks should be continuous through driveways with a maximum of 2% cross slope and elevated 2% above top of curb. No not place handicap access ramps at these locations. The sidewalk follows the profile of roadway. 6. Increase utility easement on the south boundary to 30 ft to be 10 ft from new water main. 7. Construct new manhole over existing storm drainpipe at intersection of One Mile Road and Sixth Street. Current proposal discharges against the flow in the existing pipe. 8. Review runoff to detention pond. Only the 2/3 of the site reaches the pond. The east portion of the undeveloped area flows offsite. 9. This project is within a Sanitary Sewer Assessment Area for potential upgrades to the sewer system capacity in the area. In the event that these upgrades are not necessary before the new treatment plant comes online, these funds will be reimbursed. Engineering Comments Page 1 of 1 October 9,2006 Planning Commission LSD 06-2237 Bank of the Ozark • Agenda Item 1 Page 10 of 12 Overview Legend Subject Property LSD06-2237 Boundary Planning Area g000% Sono Overlay District Outside City 0 0.25 0.5 Legend ® Hillside -Hilltop Overlay District 1 October 9, 1006 Planning Commission des LSD 06-2237 Bank of the Czark Agenda It am 1 Page 11 of 12 LSD06-2237 Close Up View BANK OF THE OZARKS 6TH ST VELDA 0 SUBJECT PROPERTY Overview Legend y000 -- Overlay District — FLOODWAY --- 500 YEAR a000000 — 100 YEAR --- LIMIT OF STUDY — — - Baseline Profile O Fayetteville Outside City IM LS006-2237 vectar.GDB.Faotprint2004 1-ilaide-Hilltop Overlay District 300 450 600 Feet October 9, 20 )6 Planning Commissi n LSD 06-2237 Bank of the Oz rrk Agenda Ite 1 rage fZof 2 PC Meeting of October 09, 2006 THE CITY OF FAYETTEVJLLE. ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: October 5, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 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 This item was tabled at the September 25, 2006 Planning Commission meeting, because the applicant was not present. At this time, the applicant requests that the Planning Commission table this item indefinitely. October 9, 2006 Planning Commission CUP 06-2241 Qdoba Agenda Item 2 Page 1 of 2 October 9, 2006 Planning Commission CUP 06-2241 Qdoba Agenda Item 2 Page 2 of 2 PC Meeting of October 09, 2006 THE CITY OF FAYE1"I'Ev!LEE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 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: October 04, 2006 ADM 06-2282: Administrative Item (EMERALD POINT SID, 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 Background The Planning Commission tabled this item indefinitely at its September 25, 2066 meeting - due to the absence of an applicant at the time the item was heard. The applicant requests, -_ • that the Planning Commission reconsider this item at its October 09, 2006,ineeting' On June 26, 2006, the Planning Commission approved the preliminary plat for Emerald' Point Subdivision. The residential subdivision contains 9.7 acres and is located east of Double Springs Road. The property is zoned RMF -6 subject to a Bill of Assurance. The subdivision consists of 48 lots, of which 8 are single-family lots and 40 are townhome lots. Property to the north is developed for mini -storage. Two adjoining properties to the south were recently annexed and zoned R -A and RSF-4. It is anticipated that the property zoned RSF-4 will develop for single family homes in the future. During the review of this project, significant attention was given to the connectivity proposed between this development and surrounding property. A street connection was provided from Double Springs Road. One street is stubbed -out to the north where a future connection could be made from this property to Legacy Pointe Phase 1 should the mini -storage property be redeveloped. No street connections to the east were provided within Legacy Pointe Phase V. Most of the discussion regarding street connectivity was focused on street connections to the south, in an effort to coordinate the impending development activity to the south with the subject development proposal. At Subdivision Committee, the applicant proposed two street stub -outs to the south. The western street, Georgia Trail, would provide street frontage for the creation of two lots. Georgia Trail dead -ends into a 1 -acre property zoned R -A owned by Mr. Williams. Understanding that the property south of Mr. Williams would be developed in the future, K:IReports120061PC Reports110-09-061ADM 06-2282 (Emerald Point Subdivision). doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 1 of 16 staff recommended extending the street through Mr Williams' property (a 70' street extension) so that a proper street connection can occur with subsequent development. It was discussed at Subdivision Committee that the applicant was not able to obtain approval from Mr. Williams. Staff, therefore, recommended the relocation of the street stub -out to the east (east of Mr. William's property) and reconfiguration of the lot layout. The Subdivision Committee further specified that the stub -out should be located between lots 35 and 36. The new street, Integrity Way, was created by reducing the size of the detention pond. Georgia Trail remained in order to provide frontage to lots 46 and 47, but it was understood that this street may never extend through Mr. Williams' property. On June 26, 2006, the Planning Commission reviewed and approved a preliminary plat with three street stub -outs to the south. Construction drawings and analysis of the drainage has been submitted to the City Engineering Division. The result of these studies has shown that the detention area available in Lot 35 is not adequate to detain the storm water from this property and the water run-off from the property to the north which was developed under County requirements and was not required to provide storm water detention. Request The applicant requests a modification to the approved preliminary plat for Emerald Pointe Subdivision. As shown in page 3 of the supplementary hand out; the applicant requests removal of Integrity Way for the following reasons: I. The storm water run-off onto the subject property has increased due to the development of the mini -storage facility to the north. Enlargement of the detention pond will be necessary to accommodate this flow, and this will result in the elimination of one or more lots. 2. The resulting block lengths are do not exceed city requirements. The block length from Double Springs Road to Rocky Crossing is 1,173 feet. When Georgia Trail is extended to the south, the block length from Georgia Trail to Rocky Crossing will be 960 feet. Furthermore, the applicant proposes that traffic will be heavier on the east -west street connections rather than on the north -south streets. Discussion The detention pond, Lot 35, as originally proposed was sized too small for the development of the subdivision. Final calculations have not yet been submitted to the Engineering Division for review, but according to Engineering staff it is likely that a total of four lots may be removed and added to the detention pond. Removal of Integrity Way is proposed not to increase lot yield but to increase the size of the detention pond and to avoid the loss of lots. The Unified Development Code states that block lengths can range between 400' to 1,400' (see Ch. 166.08 D). Staff recommends this additional street connection to provide additional avenues of travel north and south. The resulting block sizes are comparable to others within the Legacy Pointe Phase 1 Subdivision and others within the city. K:IReports120061PCReports110-09-061ADM 06-2282 (Emerald Point Subdivision).doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 2 of 16 Recommendation Staff recommends denial of the requested modification for the removal of Integrity Way without the construction of Georgia Trail through Mr. Williams' property. Although the block length requirements have been met from Double Springs Road to Rocky Crossing, staff does not recommend the construction of long, straight streets that may increase traffic speeds when there is a possibility of providing additional street connections. Planning Commission approved Integrity Way because Georgia Way would not be able to be extended through Mr. Williams' property. The applicant's current proposal does not provide an alternative street connection, as Mr. Williams has indicated the street connection is not to be provided through his property. Date: October 9, 2006 Planning Commission Action: Motion: Second: Vote: Comments: K: IReports120061PC Reports110-09-061ADM 06-2282 (Emerald Point Subdivision). doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 3 of 16 Planning Commission June 26, 2006 Page 124 PPL 06-1773: Preliminary Plat (EMERALD POINT, 474): Submitted by STEADFAST, INC. for property located at DOUBLE SPRINGS RD., E OF SILVERTHORNE S/D. The property is zoned RMF -6, LOW DENSITY MULTI- FAMILY RESIDENTIAL and contains approximately 9.7 acres. The request is to approve a preliminary plat of a residential subdivision containing 8 single family lots and 40 two-family lots. Anthes: Our next item this evening is item 19, Preliminary Plat 06-1773 for Emerald Point. Morgan: This is a subdivision on a property approximately 10 acres. It is north of the Williams property and the Hays property that were earlier considered tonight for annexation. The applicant requests approval of a Preliminary Plat of 48 lots, 8 of which are single family and those single family lots lie on both the east and west property lines which adjoin other single family residential neighborhoods. And there are 40 townhome lots between those 2 rows of single family lots. In the review of this application staff and the applicant and Subdivision Committee worked considerably hard on connectivity. The applicant is providing one connection to the north which potentially in the future will connect with Legacy Point Phase 1. There is an intervening property which is currently developed for storage units which would currently prevent that connection at this time. The applicant also proposed three connections to the south, one of which, the western most, stubs out to the Williams property and it is questionable whether or not by the time of final plat as presented before you we will have right-of- way and the street will be constructed through that property, therefore the applicant is proposing a turnaround temporary cul-de-sac at this location. There is an additional access for this property to the Hays property which could be connected when that property develops as well as the one furthest to the east. There are several waiver requests associated with this application. Those include both the waiver of distance between Olika Street at the main lane through this property as well as Mesa Street which is existing in the Silverthorne subdivision. The requirement is 150' and the applicant proposes 117' between those center lines. With the locations of the existing homes that are proposed to be saved and just the distance between there, that was the only viable option in order to get some additional lots along the northern property line. Additionally, they request a waiver of the 150' curb radius. The applicant requests for a 100' radius. Staff is recommending support of this waiver as well as the previous. We do have two other Planning Commission determinations which we have requested. First of all being street connectivity. Again, we have worked with the applicant and Subdivision Committee and at the last Subdivision Committee meeting they did recommend approval of this third connection of the three connections. And Planning Commission determination of street improvements is requested. Staff recommends that the applicant October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 4 of 16 Planning Commission June 26, 2006 Page 125 improve Double Springs Road from the northern property line to the southern property line also including the 70' portion adjacent to Mr. Mike Williams' property which is the property that was heard earlier today for annexation. The existing home on lot 49 will encroach in the building setback and the applicant may go to the Board of Adjustment to relieve that non -conformity. However, should a variance not be approved the structure will remain as non -conforming; it's just a point of interest and we've including a condition regarding that. There are several revisions that need to be made to the plat but we have confidence that that will be done and we are recommending approval of this project. Anthes: Thank you, Ms. Morgan. Would any member of the public like to address this Preliminary Plat 06-1773, please come forward. Seeing none I'll close the public comment section. Will the applicant make a presentation? Good evening. Ritchey: Good evening, my name is Randy Ritchey and I represent the applicant. Our main obstacle here as Suzanne has noted is the connectivity and we went through a couple iterations there trying to achieve connectivity to the south through Mr. Williams' property which was annexed tonight and we thought that was going to be a viable option, but he expressed some concerns and didn't really, he decided not to follow through that. So, we've adjusted our street stub outs accordingly and that's sort of generated a few more required changes. So, I think we've accomplished our goal with the connectivity both with the south and the north and possibly even three points of connection if there is a possibility to connect through Mr. Hays' property. The waivers as Suzanne presented to you are fairly straight forward. The curb radii and the distance between the street T intersections. There is really not much we can do about the T intersection distance. The street existing is where it is and we've moved the proposed street as far away from that as we can. And other than that I would just be happy to answer any question you may have. Thanks. Anthes: Thank you, Mr. Ritchey. Can we have a Subdivision report on this item? Myers: If I can remember at this hour of the night. It was Commissioner Graves and wasn't it me and Lack? [multiple people talking] Myers: I went to the Subdivision Committee twice. Ok, so we are the most recent one I think. Graves: I've never seen this. October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 5 of 16 Planning Commission, June 26, 2006 Page 126 Trumbo: I substituted for Commissioner Graves, I believe. Anthes: Well, it looks like on conditions of approval 2, 3, and 4 that Subdivision Committee really recommended the same thing as staff did. But I might like to hear a little bit about the connectivity issue if anyone can recall. Lack: If I may, Madame Chair. Anthes: Thank you, Commissioner Lack. _Lack: The connectivity was the greatest issue with this subdivision and the western most connection that you see was I believe actually farther to the west shown originally. But with that inability to connect at that location we did ask that it be moved just to where it could connect but still maintaining it at that location. The middle connection which is labeled Integrity Way on the plat for us was requested to be added at the Subdivision Committee and that was pretty much the extent of the discussion that I remember. We did talk about maximum length of hammerheads or maximum length of streets or stub outs without requiring a turnaround and they were compliant in that except for the one at what is labeled Georgia Trail, the western most stub out. Anthes: Thank you, Commissioner Lack. Is there further discussion? I have a question about lots 48 and 49. It looks like on 49 there is an existing house to remain and I'm assuming because the garage is on the east side of that house that access will be from Georgia Trail to that property, is that correct? Anyone? Pate: No, the lot access to lot 48 will be specifically - Anthes: Lot 49 is my question. Pate: Lot 49 will be retained where it is now because that is the location of the house. There is a condition of approval that states with redevelopment of that lot the house shall be situated so that at least access is from the interior street as opposed to Double Springs Road. But as it is that existing lot would remain. Access to lot 48 will also be Double Springs Road. That's the only frontage for that lot and the structures on 46 and 47 would be removed and that would be a different development that would access the interior street which is name Georgia Trail in your plat. Anthes: And what street does lot 1 access? Pate: Lot 1 will access the interior street as well. October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 6 of 16 Planning Commission, June 26, 2006 Page 127 Anthes: Ok, in the conditions of approval, can you direct me to the condition of' approval that refers to lot 49. There are quite a number here. Oh, I think it is 13. Or no? Morgan: I believe 15. Pate: Yes. It also addresses the size of multi -family lots; because these are smaller lots we've reduced the driveway width to 12' maximum unless they were shared. Anthes: I would like to move to amend condition number 15 to state that homes developed on lots 1 and 48 and with any redevelopment of lot 49 that those houses should face Double Springs Road and access be provided for the side streets. Pate: Mr. Williams, correct me if I'm wrong, I don't believe that we can by our current ordinances dictate where a house can face or not. Anthes: We've seen it on other - Pate: On Planned Zoning Districts, yes, but not with a Preliminary Plat. Anthes: Well, there you have it, never mind. Myers: And it was so nicely crafted. Ostner: Our current condition of approval is dictating it. Pate: Only the access to the driveway. The actual vehicular access because they are discouraged on our Master Street Plan from directly accessing minor arterials. Anthes: Can't blame a girl for trying. Is there further discussion? Lack: Madame Chair. Anthes: Commissioner Lack. Lack: After seeing this in Subdivision and seeing the changes that we request and finding in favor of the staffs recommendations I will vote to approve Preliminary Plat 06-1773 with the stated conditions of approval giving special consideration to condition 1, connectivity, condition 2, street improvements, condition 3, the waiver of the distance between Olika and Mesa, condition 4, the Planning Commission waiver of the 100' curb radius, all of the conditions of approval as stated. October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 7 of 16 Planning Commission. June 26, 2006 Page 128 Anthes: We have a motion to approve by Commissioner Lack, do we have a second? Myers: I'll second. Anthes: Second by Commissioner Myers. I have one quick question and only because it late. Will staff describe again why we are not asking for an additional stub out to the north. I know that we added, that we have 3 going south and not 1 going north, is there a reason that is not balanced? Pate: The property directly to the north is a newly developed property. The applicant has agreed to stub out Rocky Crossing even though there is a brand new structure in the way of those 2 ever being connected. However, we do feel that hopefully in the future there will be some point in time that Rocky Crossing can be seen as a more valuable property then a storage unit. Anthes: It is the mini -storage property. Pate: Correct, and being constructed so that's why we are looking at that this time. Anthes: It's just we look at other places where properties are developed in the county or even a golf course for instance and we go ahead and connect to it whether or not that may develop that way in the future. Pate: That's exactly why we made the recommendation on Rocky Crossing for this particular piece of property we didn't feel it should be the [inaudible] of the developer for the number of lots being proposed to provide all connections just in anticipation of this potentially redeveloping. Anthes: Ok, thank you, Mr. Pate. Is there further discussion? Will you call the roll. , Roll Call: The motion to approve PPL 06-1773 carries with a vote of 8-0-0. October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 8 of 16 AR KA NSA CITY OF FAYETTEVILLE, 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: June 20, 2006 Updated June 30, 2006 PC Meeting of June 26, 2006 125 W. Mountain St. Fayetteville, Alt 72701 Telephone: (479) 575-8267 PPL 06-1773: Preliminary Plat (EMERALD POINT, 474): Submitted by STEADFAST, INC. for property located at DOUBLE SPRINGS RD., E OF SILVERTHORNE S/D. The property is zoned RMF -6, LOW DENSITY MULTI -FAMILY RESIDENTIAL and contains approximately 9.7 acres. The request is to approve a preliminary plat of a residential subdivision with 8 single family lots and 40 two-family lots. Planner: Suzanne Morgan Findings: Property description: The subject property contains 9.7 acres and is locatedeastof Double Springs Road. The property was recently annexed into the City of Fayetteville and zoned RMF - 6, subject to a Bill of Assurance (see attached). The applicant has met all requirements of the Bill of Assurance with the proposed development. The property is bordered On two sides by property in the city limits, with Silverthorne Subdivision to the west and Legacy Point Phase 4 (under construction) to the east. Two intervening unincorporated properties lie between the subject property and the city limits to the north (Legacy Point Phase 1). Proposal: The applicant requests approval of a preliminary plat consisting of 48 lots, of which 8 are single-family lots and 40 are townhome lots. No more than two attached townhomes are permitted within the subdivision. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning „ ; North Storage Units & 2 Single, ' family homes Single family homes Planning Area RSF-4 & RMF -6 (Legacy Pt. Ph. 1) South Rural Single family homes Planning Area East Vacant (under construction) RSF-4 West Silverthorne Subdivision RSF-4 Water and Sewer: Water and sewer lines shall be extended to this development. Adjacent Master Street Plan Streets: Double Springs Road (Minor Arterial) K:: IReports120061PC Reparts106-26-061PPL 05-1773 (Emerald Point).doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 9 of 16 Right-of-way: The required right-of-way for Double Springs Road was dedicated with previous lot splits. Interior streets consist of both Local and Residential streets. Connectivity: A street connection is proposed from Double Springs Road into the subdivision. Three street connections are proposed from this main street to the south. The western street connection, located just east of the existing dwelling owned by Mr. Fletcher Williams, stubs -out to a one -acre parcel owned by Michael Williams. Michael Williams' property contains one -acre and is an unusual tract, with a 70' lot width and 580' length, extending from Double Springs Road to Lot 40. Staff is aware that Hays, the property owner south of Mr. Williams, anticipates developing her property for residential use. Staff recommends the extension of the proposed street through Michael Williams' property to the Hays property so that a proper street connection can occur with subsequent development. This will result in a two-tiered row of lots, potentially 4 lots deep, adjacent to Double Springs Road. The applicant has submitted a letter signed by Mr. Michael Williams that indicates his agreement "to dedicated right-of-way across [his] property located at 340 Double Springs Road in Fayetteville." The letter states that "this right-of-way is to be used for future extension of a proposed street stub -out in Emerald Point Subdivision to the north." To avoid any confusion, staff would like to make it clear that the recommendation is that the street be constructed through Mr. William's property prior to the recordation of the final plat for this development. The final plat for Emerald Point Subdivision will reflect the location of the street and Mr Williams shall either sign the final plat dedicating the right-of-way for the street or have sold (or donated) the property to the owner of the subdivision prior to recordation. The document signed by the applicant is not a legally binding document enforceable by the City of Fayetteville. If the applicant is unable to secure rights to construct the street across Mr. William's property or the right-of-way cannot be dedicated. The applicant, therefore, has provided third street connection to the south, west of Lot 35, to provide additional internal street connections in response to the recommendation of the Subdivision Committee and staff. Any further modification to an approved preliminary plat shall require Planning Commission review and approval. The applicant proposes a street connection to the north at the eastern end of the property. This street can provide a connection north to Legacy Pointe Phase I when the adjacent property develops (it is currently utilized for a new storage unit business) and a street connection south to the Hays property. Parkland: The applicant will contribute fees in lieu of land dedication. Tree Preservation.: Existing: 3.85% Preserved: 3.85% Required: 3.85% Mitigation: None Recommendation: Staff recommends approval of PPL 05-1773 with the following conditions: K:I Reports120061PC Reports106-26-061PPL 05-1773 (Emerald PointJ. doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 10 of 16 Conditions of Approval: Y 1. Planning Commission determination of street connectivity. The applicant proposes to provide a street stub -out to the north for future connection to an existing street in Legacy Pointe Phase I and three street connections to the south. The applicant has submitted a Tetter signed by Mr. Michael Williams, property owner to the south, conveying agreement to a street connection through his property. Staff is recommending the street stub -out continue south the additional 70' in length through Mr. Williams' property to provide a through connection to the Hays property, which is in the process of annexation, zoning, and will be developing in the near future. If the applicant is unable to secure final rights to construct the street across Mr. William's property or the right-of-way cannot be dedicated, the applicant shall construct a temporary cul-de-sac at lot 45/46/47 in accordance with Fire Department regulations. The Subdivision Committee recommended a third street connection to the south as indicated on the revised site plan. The western street connection may dead-end with turn -around means satisfactory to the Fire Department. The Planning Commission found in favor of this condition of approval. 2. Planning Commission determination of street improvements. Staff recommends the applicant improve Double Springs Road from the north property line to the southern property line of property owned by Mr. Michael Williams (approximately 70' south of the subdivision). Improvements shall extend 14' from centerline including pavement, curb and gutter, 6' sidewalks and storm drainage. The Subdivision Committee recommended in favor of street improvements as stated. The Planning Commission found in favor of this condition of approval. 3. Planning Commission determination of a waiver -of the distance between streets (Olika Lane (proposed) and Mesa Street (existing)). The requirement is for a 150' separation between centerlines of streets. The applicant proposes to construct Olika Lane approximately 117' from the centerline of Mesa Street. Staff recommends approval of this waiver request. With a different configuration, the efficiency of the infrastructure improvements with relation to the lots decreases significantly. Staff finds this separation to be adequate and will not create a dangerous traffic condition. The Subdivision Committee recommended in favor of the requested waiver for a 117' separation between Mesa Drive and Olika Lane. The Planning Commission found in favor of this condition of approval. 4. Planning Commission determination of a waiver of the requirement for a 150' curve radius. The applicant proposes a 100' radius at the intersection of Williams Way and Olika Lane. Staff recommends approval of this waiver request. K: IReports120061PC Reports106-26-061PPL 05-1773 (Emerald Point).doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 11 of 16 The Subdivision Committee recommended in favor of the requested waiver for a 100' curve radius. The Planning Commission found in favor of this condition of approval. The applicant shall submit a guarantee (letter of credit, bond, or cash) of $1,000 per lot prior to the recordation of the final plat for contributions to an interim solution to wastewater capacity concerns in the Owl Creek/Hamestring Creek basin, if the improvement is required. Final determination of the contribution shall be made by the City Engineer. 6. An assessment in the amount to be determined by the Engineering Division shall be paid by the developer prior to Final Plat for the unconstructed portion of Georgia Trail stub - out to the south, extension of sidewalks, and removal of the temporary cul-de-sac, approximately 110 feet in length. 7. The existing home on Lot 49 will encroach into the front 25' building setback from Olika Lane right-of-way. A variance, approved by the Board of Adjustment, is required to alleviate the restrictions of a nonconforming structure from this property. Staff recommends that the applicant process the variance prior to the recordation of the final plat. Should the variance not be approved, the structure will remain a nonconforming structure. 8. All development shall be in accordance with the RMF -6 zoning district and the recorded Bill of Assurance. 9. Lots 2-4 appear to have very little buildable area. Should the lots be inadequate for the construction of dwelling unit, the applicant shall reconfigure the lots to provide adequate buildable area prior to the recordation of the final plat 10. The applicant shall construct required sidewalks adjacent to Double Springs Road, Lot 49, adjacent property to the south owned by Michael Williams, and the detention lot prior to recordation of the final plat. All other interior sidewalks may be constructed or guaranteed prior to the recordation of the final plat. 11. Street lights shall be installed with a maximum separation of 300 feet along all interior and external streets prior to final plat. 12. The septic system on lot 46/47/48 shall be abandoned in accordance with Arkansas Health Department requirements prior to final plat approval. The existing structure on lot 48 is indicated to be removed. If it is not, the structure shall be connected to public sewer prior to recordation of the final plat. 13. The existing dwelling on Lot 49 shall be tied onto sanitary sewer and the existing septic systems shall be abandoned in accordance with Arkansas Health Department requirements prior to final plat approval. K.' IReports120061PC Reports106-26-06IPPL 05-1773 (Emerald Point).doc October 9, 2006 Planning Commission ADM 06-2282 Emerald Point SD Agenda Item 3 Page 12 of 16