HomeMy WebLinkAbout2006-11-27 - Agendas - FinalTayelteyi;le
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, November 27, 2006, 5:30 p.m.
Room 219, City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item — Chair
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 Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She 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, November 27, 2006, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Consent:
1. Approval of the November 13, 2006 Planning Commission meeting minutes.
2. ADM 06-2381: (PARK WEST): Submitted by Milholland Co. for property located on Hwy 112, east
of Deane Solomon Rd. The applicant requests an extension of an approved lot split, LSP 05-1755.
Planner: Suzanne Morgan
3. ADM 06-2382: (HOUSE): The request is for an extension of the approval for a vacation of a utility
easement as approved and amended by the City Council with Ordinance No. 4807, regarding the timing for
the relocation of a storm sewer on the subject property. Planner: Jesse Fulcher
Old Business:
4. CUP 06-2295: Conditional Use Permit (DIDICOM, 396): Submitted by DIDICOM, LLC for property
located NE OF WEDINGTON AND DOUBLE SPRINGS ROAD. The property is zoned R -A,
RESIDENTIAL -AGRICULTURAL and contains approximately 0.83 acres. The request is to allow a
telecommunications tower with cellular antennas on the subject property. Planner: Jesse Fulcher
New Business:
5. CUP 06-2369: (GRISSO, 484): Submitted by BLEW, BATES & ASSOCIATES for property located
at 215 N. LOCUST AVENUE. The property is zoned C-3, CENTRAL COMMERCIAL and contains
approximately 0.18 acres. The request is for a tandem lot. Planner: Suzanne Morgan
6. LSP 06-2343: Lot Split (GRISSO, 484): Submitted by BLEW, BATES & ASSOCIATES for property
located at 215 N. LOCUST. The property is zoned C-3, CENTRAL COMMERCIAL and contains
approximately 0.18 acres. The request is to divide the subject property into two tracts of .06 and .12 acres.
Planner: Suzanne Morgan
7. LSD 06-2278: Large Scale Development (THE SHOPPES AT SHILOH, 211): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at THE NE CORNER OF GREGG
AND SHILOH. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 3.09 acres. The request is for a single story, 19,250 s.f. retail facility with associated
parking. Planner: Jesse Fulcher
8. RZN 06-2344: (DUNNERSTOCK - WINDSOR S/D, 513): Submitted by DAVE JORGENSEN for
property located at NE CORNER OF DOUBLE SPRINGS RD. AND SELLERS RD. The property is
zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 34.50 acres. The request is to
rezone the subject property to RSF-4, Residential Single Family, 4 units per acre.
Planner: Andrew Gamer
9. RZN 06-2336: (SLOAN / BROYLES & PERSIMMON, 479/515): Submitted by DAVE
JORGENSEN for property located at SW CORNER OF BROYLES AND PERSIMMON. The property is
zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 33.43 acres. The request is to
rezone the subject property to RSF-8, Residential Single Family, 8 units per acre.
Planner: Andrew Garner
10. RZN 06-2345: (SLOAN / DOT TIPTON, 474): Submitted by DAVE JORGENSEN for property
located S & E OF DOT TIPTON ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL
and contains approximately 19.23 acres. The request is to rezone the subject property to RSF-8,
Residential Single Family, 8 units per acre. Planner: Jesse Fulcher
THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED.
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.
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 27, 2006
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 21, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 06-2381: (Park West): Submitted by Milholland Co. for property located on Hwy 112,
east of Deane Solomon Rd. The applicant requests an extension of an approved lot split, LSP
05-1755.
Planner: Suzanne Morgan
BACKGROUND
Project Description: The project site is located at the southeast corner of Deane Solomon Road and
Hwy 112. The applicant received approval from the Planning Commission on November 14, 2005 to
split the property into three tracts of approximately 13.7, 12.6 and 7 acres. The properties were
rezoned to allow for the development of Park West R-PZD.
Background: The original lot split application was approved on November 14, 2005. The owner has
since received approval of The Heights at Park West preliminary plat on a portion of the property
and submitted a preliminary plat for the overall Park West R-PZD. The owner was made aware of
the expiration of the lot split expiration, but he is unable to comply with the conditions of approval at
this time. These conditions include the requirement to remove or relocate an existing home on the
property and others which could not be met prior to expiration.
Proposal: The applicant requests to extend the approval of the lot splits for one year, to expire on
November 14, 2007. The requested extension will allow for final approval of the construction plan
for Park West which will in turn provide for the dedication of right-of-way alongHwy 112, .the
removal of the dwelling unit, and other modifications required to the plat. Should this extension be
granted, the plat shall be recorded prior to the one-year extended deadline. If the plat is not recorded
prior to November 14, 2007, the lot split approval shall be rendered null and void.
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning
Commission authority to extend approval of a lot split 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
K: IReports120061PC Reportsll 1-27-06t4DM 06-2381 (Park West).doc
November 27, 2006
Planning Commission -
ADM 06-2381 Park West
Agenda Item 2
Page 1 of 8
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 November 14,
2006, the day of the one year time limit.
(2) The applicant has stated that the final approval of the construction plans for the Park West R-
PZD Preliminary Plat are necessary prior to compliance with the conditions of approval for
the lot split.
RECOMMENDATION
Planning Staff recommends approval of ADM 06-2381, the requested extension to the LSP 05-1755,
with the following conditions:
1. The applicant shall be allowed until November 14, 2007 to record the lot splits for the
subject property as approved by the Planning Commission. If the plat has not been recorded
by this time, the lot split approval shall be revoked.
2. All other conditions of approval for the project shall remain applicable.
K: IReports120061PC Reports111-27-06WDM 06-2381 (Hosldns-Price).doc
November 27, 2006
Planning Commission
ADM 06-2381 Park West
Agenda Item 2
Page 2 of 8
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
K:IReporu12006WC Reportr11l-27-061ADM06-2381 (Hoskins-Price).doc
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) 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.
November 27, 2006
Planning Commission
ADM 06-2381 Park West
Agenda Item 2
Page 3 of 8
/r/iLEL. Company
engineering & Surveying
Melvin L. Milholland, PE, PLS
ENGINtERING DIV.
Thomas M. Jefcoat, RLA, REM, CPESC, ISA-CARLS: AR
RESISTRATIONS:
PE: AR, MO; PLS: AR
RLA:AR
November 14, 2006
FAYETTEVILLE
125 West Mountain Street
Fayetteville, Arkansas 72701
ATTN: Suzanne Morgan, Planning Division
RE: Lot Split — LSP 05-1755
Dear Suzanne:
RECEIVED
NOV 15 2006
ENGINEERING DIY.
Project No. E-770
RECEIVED
NOV 15 2006
PLANNING DIV
This correspondence is requesting extension of time to record the referenced Lot Split.
The due date for recording of the plat is today. Unfortunately there remain Conditions of
Approval that have not been completed at this time. The. requested extension will allow for final
approval of the construction plan which in turn will provide for the release of dedication of right-
of-way along Hwy 112, the remove of tenant and rental house, and changes to the plat,
conditions of approval of the Lot Split.
Thank you for your assistance in this matter, bring these items to our attention, and in granting
this request for extension of time.
Sincerel
Milli
of .at, ASLA
Senior P jects Manger
cc: Tracy Hoskins
205 West Center St., Fayetteville, AR 72701; phone (479) 443-4724; fax: 443-4707;
e-mail: MCOengr(a�swbell.net• web: www.mcoengr.com
November 27, 2006
Planning Commission
ADM 06-2381 Park West
Agenda Item 2
Page 4 of 8
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LSP15-1755
stre is
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November 27, 2006
Planning Commisson
ADM 06-2381 Park W 'st
Agenda Iter 2
Page 6 of 8
Overview
Legend
Subject Property
LSP05-1755
Boundary
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Overlay District
Outside City
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November 27,
Planning Comm
ADM 06-2381 Park
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Page 7 of 8
November 27, 2006
Planning Commission
ADM 06-2381 Park West
Agenda Item 2
Page 8 of 8
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AnKANS
AS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 27, 2006
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 21, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 06-2382: Administrative Item (House Vacation Extension, 484): The request is for an
extension of the approval for a vacation of a utility easement as approved and amended by the City
Council with Ordinance No. 4807, regarding the timing for the relocation of a storm sewer on the
subject property.
Planner: JESSE FULCHER
BACKGROUND
Project Description: The subject property is located at the southwest corner of St. Charles Avenue
and Watson Street, containing two portions of an existing drainage easement. The applicant requests
a non -expiring time extension of ADM 05-1848 passed and approved as Ordinance # 4807. The
developer plans to process a project proposal in which the drainage will be relocated and new
easements established in combination with the redevelopment of the property. New easements and
drainage improvements are conditions of approval for this requested vacation.
Background: The City Council on December 03, 2002 granted approval for the vacation of the
subject drainage easement, VAC 02-12 & 13.00: (Houses Development), with Ordinance No.
4442. A specific condition of approval for the ordinance to be effective is that the existing storm
sewer be relocated, inspected and accepted by the City Engineer. The original expiration date for
completing this relocation was placed at December 01, 2003. Subsequently, the applicant returned to
the City Council with a request to extend the time frame in which the storm sewer was to be
relocated, which was moved to December 01, 2005 by Ordinance No. 4506, amending a section of
the original ordinance. December 01, 2005 passed and the applicant had not relocated the storm
sewer and consequently the vacation approval was null and void. The applicant again requested that
the City Council vacate said easement on December 20, 2005. The City Council passed Ordinance
# 4807 vacating said easement with a condition of approval that the existing storm sewer be
relocated, inspected and accepted by the City Engineer prior to December 1, 2006.
Proposal: Due to the expense of the new drainage system the applicant has decided to combine the
new drainage system with the overall site redevelopment. However, at this time the applicant is
undecided as to the time frame for the project. Therefore, the applicant requests a non -expiring time
extension for the referenced project, which is typical of many vacation requests.
November 27, 2006
'Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 1 of 12
RECOMMENDATION
Planning Staff recommends approval of ADM 06-2382, the requested time extension of Ordinance #
4807, with the following conditions:
1. Said vacation shall not be effective until and unless the relocated storm sewer is installed,
inspected and accepted by the City Engineer.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
3. City Council approval of a revised ordinance shall be required to make this request effective.
November 27, 2006
Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 2 of 12
/d/i o/lircci Company
engineering &Surveying RESISTRATIONS:
Melvin L. Milholland, PE, PLS PE: AR, MO; PLS: AR
Thomas M. Jefcoat, RLA, REM, CPESC, ISA-CARLS: AR RLA:AR
November 17, 2006 Project No. E-787
FAYET1EVILLE
125 West Mountain Street
Fayetteville, Arkansas 72701
ATTN: Jesse Fulcher, Planning Division
RE: Amend Ordinance No. 4442 for VA 02-12.00 & 13.00
Greg House - relocation of storm sewer
Dear Jesse:
This correspondence is a request for a non -expiring time extension of the reference project.
MCO was retained by Mr. House to prepare construction plans for approval and thereafter
construction implementation. Because of the expense of the new drainage system Mr. House has
decided to combine it with the rest of the lot improvement construction as one project. It is
undecided at this time when the project will be done.
Because of the timeline uncertainty, we are requesting an extension for the drainage easement
vacation with a non -expiring date.
Your support and approval of this request is greatly appreciated.
Should you have any questions or need of additional information, please advise. Thank you for
your assistance.
Sincerely
Mi
Thomas M. efcoat, RLA
Senior Projects Manager
cc: Greg House
205 West Center St., Fayetteville, AR 72701; phone (479) 443-4724; fax: 443-4707; November 27, 2006
e-mail: MCOengrOswbeltnet web: www.mcoengr.com Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 3 of 12
ORDINANCE NO. 4807
AN ORDINANCE APPROVING ADM 05-1848 FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF ST. CHARLES
AVENUE AND WATSON STREET, VACATING A DRAINAGE
EASEMENT AS INDICA 1'ED ON THE ATTACHED MAP AND
LEGAL DESCRIPTION.
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes, and
WHEREAS, the City Council has determined that the following described drainage
easements are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons the
following described drainage easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk shall be filed
in the office of the Recorder of the County and recorded in the Deed Records of the County once
the requirements of Section 3 have been satisfied.
Section 3: That the City Council of the - City of Fayetteville, Arkansas hereby
determines that this vacation shall not be effective until and unless the relocated storm sewer is
installed and accepted by the City Engineer. If the relocated storm sewer is not completed by the
applicant and accepted by the City Engineer by December 01, 2006, this vacation shall be null and
void.
PASSED and APPROVED this 20th day of December, 2005.
ATTEST:
BY: Lj c &ntUi
S NDRA SMITH, City Clerk
By:
APPROVED:
mber 27, 2006
fanning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 4 of 12
ORDINANCE NO. 4506
AN ORDINANCE AMENDING ORDINANCE NO. 4442 TO
EXPEND THE PERIOD OF TIME WITHIN WHICH THE
DEVELOPER MUST RELOCATE THE STORM SEWER.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby amends Ordinance No. 4442 to change the required completion date of
the storm sewer relocation from December 1, 2003 to December 1, 2005.
PASSED and APPROVED this 19th day of August, 2003.
ATTEST:
By: 871646 -)ISN
SONDRA SMITH, City Clerk
November 27, 2006
Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 5 of 12
ORDINANCE NO. 4442
AN ORDINANCE APPROVING VA 02-12.00 and 13.00 TO VACATE
AND ABANDON A SECTION OF DRAINAGE EASEMENTS
LOCATED AT THE SOUTHWEST CORNER OF WATSON AND ST.
CHARLES AVENUE, CITY OF FAYETTEVILLE, ARKANSAS, AS
SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION
WHEREAS, the City Council has the authority under A.C.A. §14-54-104 to vacate public
grounds or portions thereof which are not required. for corporate purposes, and
WHEREAS, the City Council has determined that the following described drainage
easements are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY" COUNCIL OF 1'HE
CITY OF FAYET EVILLE, ARKANSAS:
Section 1. That the City of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described utility
easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be
filed in theoffice of the Recorder of the County and recorded in the Deed Records of the County
once the requirements of Section 3 have been satisfied.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
determines that this vacation shall not be effective until and unless the relocated storm sewer is
installed and accepted by the City Engineer. If the relocated storm sewer is not completed by the
applicant and accepted by the City Engineer by December 1, 2003, this vacation shall be null and
void.
PASSED and APPROVED this the 3 day of December, 2002.
Al PEST:
By:
By:
APPR! VED:
edged
DAN COODY, May"
November 27, 2006
Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item -3
Page 6 of 12
EXHIBIT "A"
Easement Description #1:
A fifteen (15) foot wide permanent drainage easement described as being seven and one-half (7
1/2) foot on both sides of a center line that is within the above described property. Said centerline
described as beginning 36.70 feet south of the northeast corner of Lot 8, in Watson's Subdivision
of Lot Number 14, Block 8, County Court Addition to the City of Fayetteville, Arkansas; thence
South 27 degrees 33'22" West 38.08 feet; thence South 74 degrees 44'20" West 158.18 feet.
Easement Description #2:
A fifteen (15) foot wide permanent drainage easement described as being seven and one-half (7
1/2) foot on both sides of a center line that is within the above described property. Said centerline
described as beginning 36.70 feet south of the Northwest Corner of Lot 8, in Watson's Subdivision
of Lot Numbered 14, Block 8, County Court Addition to the City of Fayetteville, Arkansas, thence
South 27 degrees 33'22" West 38.08 feet; thence South 74 degrees 44'20" West 158.18 feet.
November 27, 2006
Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 7 of 12
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Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 8 of 12
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Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
A't Page 9 of 12
EB LandWorks, Inc.
758 Fowler Avenue
Fayetteville, Arkansas 72701
Voice 501.444.7769
Fax 501.444.7793
October 7, 2002
Mr. Tim Conklin, AICP
Director of Planning
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
RE: Request for Drainage Easement Vacations
Lots 8, 9, & 10 Located in Block 1 of Watson's Subdivision of Lot 14,
Block 8 of County Court Addition
Fayetteville, Arkansas
Dear Mr. Conklin:
The owners of the above referenced real estate wish to vacate existing drainage
easements located within their property. The request meeting the City of Fayetteville
requirements is attached in its entirety.
There are two easements of record that are attached for your review. It is believed by
the petitioner, and concurred through discussions with you and the Assistant City
Attorney, that the two documents represent only one easement, but that the easement'
across Lot 9 contains an error. The erroneous description starts the easement from
the Northwest corner of Lot 8 of Watson's Subdivision, ratherthan the Northeast.
When the easement is plotted properly as beginning from the Northeast corner of Lot
8, it encompasses the existing drainage infrastructure as was the purpose of the
drainage easement.
It is the intention of the petitioner to relocate the existing drainage to the approval of
the City of Fayetteville Engineering Department and to dedicate easements to the City
as necessary to accommodate the drainage and develop the property to its fullest
extent allowed by the current zoning. The petitioner expects this request to be
approved contingent to the these approvals.
Please do not hesitate to call me if you have any questions regarding this request.
Thank you for your consideration.
Best Regards:
%Yt
Mandy R. Bunch, PE
November 27, 2006
Planning Commission
ADM 06-2382 House Vacation Extension
Agenda Item 3
Page 10 of 12
VACO2-12a13.110
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November 27, 21
Planning Commis -
DM 06-2382 House Vacation Exten-
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Page 11 of 12
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November 27, '006
Planning Commi. sion
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Agenda Item 3
Page 12 of 12
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ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of November 27, 2006
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 22, 2005
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
CUP 06-2295: (DIDICOM, 396): Submitted by DIDICOM, LLC for property located NE OF
WEDINGTON AND DOUBLE SPRINGS ROAD. The property is zoned R -A, RESIDENTIAL
AGRICULTURE and contains approximately 0.083 acres. The request is to approve a 150'
monopole cell tower on the subject property.
Planner: JESSE FULCHER
RECOMMENDATION: If the proposed tower that is to be located outside of the
Fayetteville city limits had all approvals required for construction, staff would recommend
denial of the subject request, finding that co -location was available and that the applicant
had not demonstrated a good faith effort to co -locate with another carrier. However, given
that the adjacent tower has not been approved by the Washington County Planning
Department and the applicant for the subject request has submitted all documents
required by the City of Fayetteville Unified Development Code, staff recommends approval
of the requested conditional use application for a 150' monopole tower, subject to the
following conditions:
1. The applicant shall comply with all applicable federal regulations.
2. Equipment used in conjunction with the tower shall not generate noise which
can be heard beyond the site per Chapter 163.14 (A)(1).
3. Lighting on the tower shall only be installed if mandated by the FAA. Security
lighting or motion -activated Lighting may be used around the base of the tower
provided that that the lighting is compliant with Chapter 176 Outdoor Lighting
of the Unified Development Code.
4. The tower shall be no taller than 150' (including all antennas, arrays, or other
appurtenances).
5. The pole shall be painted utilizing the transitional paint scheme as shown in the
application, or a color as determined by the Planning Commission which blends
in with the background.
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6. The utility equipment at the base of the tower shall be surrounded by a wooden
security fence of sufficient height to prevent the view of the premises from
vehicular and pedestrian traffic on adjacent streets.
7. Landscaping shall be added to the site (and shown on revised plans) which
provides a "buffer of dense tree growth and under story vegetation in all
directions to create an effective year round visual buffer" as required by
Chapter 163.14 (B)(11). Species and location of the required plantings shall be
subject to the approval of the Landscape Administrator.
8. Any connection to existing utilities to provide power to this site shall be located
underground.
9. Only warning, site identification and FCC signs shall be permitted on the
screening fence as provided by Chapter 163.14 (A)(3) and in no case shall any
sign exceed 4 square feet.
10. Co -location shall be permitted on the subject tower by multiple carriers, with
the approval of this conditional use request.
Background: It has come to staff's attention that a cell tower application was submitted to the
Washington County Planning Department on November 1, 2006. The 195' monopole tower is to
be constructed on the adjacent property, less than 500' to the northeast. Based on documents
obtained from the Washington County Planning Department, the monopole tower was
conditionally approved on November 7, 2006. The approval is contingent upon the applicant
providing the County Planning Department a copy of the National Environmental Policy Act
(NEPA) report for the tower site. Construction of the tower may not commence until the County
has received a copy of the NEPA report.
PLANNING COMMISSION ACTION: Required YES
❑ Approved ❑ Tabled ❑ Denied
Motion:
Second:
Vote:
Meeting Date: November 27, 2006
Comments:
BACKGROUND:
The applicant is proposing to erect a 150' tall monopole with an area at the base for the wireless
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Planning Commission
CUP 06-2295 Didicom
Agenda Item 4
Page 2 of 42
equipment. The proposed lease site is located northeast of Wedington Drive and Double Springs
Road. The exact location of the tower is at the north end of an undeveloped pasture.
Following ordinance requirements, notification (certified mail) was provided to all property
owners within a 500' radius of the center of the proposed tower. The type and height of the
proposed tower is in accordance with Chapter 163.14(B) (1 & 2). The towcr is not located
within 150' of a residential structure. The applicant provided all documentation required by
Chapter 163.14.
The applicant states in their application, that the area in western Fayetteville along Wedington
Road has minimal cellular coverage. With the addition of traffic from new residences and new
businesses, the existing network of towers is not sufficient to meet the current demand placed on
the existing network capacity. The proposed tower will relieve some of the capacity issues
placed on the surrounding towers while becoming the dominant server for the area. The nearest
towers to this location are at least 3 miles away, on which the carrier for this proposal is already
located. The lack of existing cell towers in the vicinity required the applicants to look at erecting
a new tower.
Surrounding Land Use:
Direction
Land Use
Zoning
North
Residential
Planning Area
South
Commercial/Residential
C-2, Thoroughfare Commercial/R-A Residential
Agriculture
East
Residential
RSF-4, Residential Single-family
West
Residential
R -A, Residential Agriculture
Public Comment: No comments have been received.
GENERAL PLAN DESIGNATION: Residential
163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
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Agenda Item 4
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C. A conditional use shall not be granted by the Planning Commission unless and
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written application requesting a conditional
use permit for a Wireless Communications Facility on property zoned R -A,
Residential Agriculture.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under § 163.14 (see attached) to
grant the requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: Granting the requested conditional use for a 150' monopole tower with
camouflaging and low profile antenna mounts will not adversely affect the
public interest. By using camouflaging and existing vegetation, a balance can
be reached which will maintain the scenic quality of the city as well as allow
cellular companies to provide an important service to the community and
emergency services. However, staff finds that granting a conditional use for
a 150' monopole tower within 500' of another monopole tower would
adversely affect the public interest.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific roles governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
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Agenda Item 4
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made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: A new 12' driveway would be constructed from Double Springs Road to the
facility.
(b.)
Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: No parking or loading areas are required for this use.
(c.)
Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: No refuse areas are required for this use.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: Utilities shall be located underground or screened from the public view with
the exception of the proposed monopole and the equipment mounted on that
apparatus.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: If approved, screening shall be provided as required by Chapter 163.14, see
ordinance section included as part of this report.
(f.)
Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: Only warning, site identification and FCC signs would be permitted on the
subject facility.
(g.) Required setbacks and other open space; and
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Agenda Item 4
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Finding: The location of the proposed monopole is in compliance with required
setbacks for the R -A zoning district as well as the fall zone requirements for
a wireless communications facility.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Compatibility with adjacent properties is difficult to achieve when erecting
any type of tower structure. However, by utilizing existing vegetation,
adding additional vegetation, camouflaging the tower and locating the
structure away from rights-of-way will lessen the visual impact of the
proposed tower.
CHAPTER 163: USE CONDITIONS
163.14 Wireless Communications Facilities.
(A)The following general requirements shall apply to all new wireless communications
facilities.
(1) Noise Requirements. Equipment used in connection with a tower or
antenna array shall not generate noise that can be heard beyond the site. This
prohibition does not apply to air condition units no noisier than ordinary
residential units or generator used in emergency situations where regular power
supply for a facility is temporarily interrupted; provided that any permanently
installed generator shall be equipped with a functional residential muffler.
Finding: Equipment used in connection with the tower shall not generate noise which
can be heard beyond the site per Chapter 163.14.
(2) Compliance with Federal Regulations. Applicant shall comply with all
applicable federal regulations. Proof of compliance shall be provided
upon request of the City Planner.
Finding: Applicant shall comply with all applicable federal regulations. Proof of
compliance shall be provided upon request of the Zoning and Development
Administrator.
(3) Lighting and Signage.
(a) Wireless communications facilities shall be lighted only if required by
the Federal Aviation Administration (FAA). Security lighting or motion -
activated lighting may be used around the base of a tower and within the
wireless communications facility, provided that the lighting is shielded in
such a way that no light is directed towards adjacent properties or right-of-
way.
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Agenda Item 4
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