HomeMy WebLinkAbout2007-01-08 - Agendas - FinalTayelteyi;le
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, January 8, 2007, 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.
2007 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 St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, January 08, 2007, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Consent:
1. Approval of the November 14, 2005, December 12, 2005, and November 27, 2006 Planning Commission meeting
minutes.
2. FPL 06-2394: Final Plat (BELCLAIRE ESTATES, 169): Submitted by N. ARTHUR SCOTT for property
located at NE OF HWY 112 AND HOWARD NICKELL RD. The property is zoned RSF-4, SINGLE FAMILY, 4
UNITS/ACRE and contains approximately 39.86 acres. The request is for the final plat of a residential subdivision
with 96 single family lots proposed. Planner: Suzanne Morgan
3. ADM 07-2413: Administrative Item (FALLING WATERS PZD): The request is for the extension of the
approval of Phase I for the Falling Waters Planned Zoning District. Planner: Suzanne Morgan
4. VAC 06-2204: (BUNGALOWS @ CATO SPRINGS, 600): Submitted by MCCLELLAND CONSULTING
ENGINEERS for property located at N OF CATO SPRINGS RD., W OF CLINE AVE. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.52 acres. The request is to vacate an access
easement and drainage channel access easement. Planner: Andrew Gamer
5. VAC 06-2400: (BELLAFONT, 175): Submitted by H2 ENGINEERING, INC. for property located at the SW
CORNER OF THE BELLAFONT DEVELOPMENT. The property is zoned C-3, CENTRAL COMMERCIAL and
contains approximately 1.63 acres. The request is to vacate a portion of a utility easement.
Planner: Andrew Garner
6. LSP 06-2342: Lot Split (WINKLER, 562): Submitted by STEVE & MICHELE WINKLER for property located at
466 W 11T1, 1079 AND 1041 S SCHOOL AVENUE. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT
INDUSTRIAL and contains approximately 0.70 acres. The request is to divide the subject property into two tracts of
0.35 and 0.35 acres. Planner: Andrew Garner
7. PPL 06-2233: Preliminary Plat (HIGHLANDS AT RUPPLE, 205/206): Submitted by HGM CONSULTANTS,
INC. for property located at RUPPLE RD., N OF HOLCOMB ELEMENTARY SCHOOL AND S OF HOWARD
NICKLE RD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 39.11
acres. The request is for a residential subdivision with 146 single family lots proposed. Planner: Suzanne Morgan
8. LSD 06-2298: Large Scale Development (POPEYE'S ON 6TH, 559): Submitted by CEI ENGINEERING
ASSOCIATES, INC. for property located at 2190 W. 601 St., south of Ramey Jr. High School. The property is zoned
C-2, THOROUGHFARE COMMERCIAL and contains a lease area of approximately 0.85 acres. The request is for a
2148 s.f. restaurant with associated parking. Planner: Suzanne Morgan
9. VAC 06-2365: (POPEYE'S CHICKEN & BISCUITS, 559): Submitted by MEL MILHOLLAND for property
located at SANG AND 6TH ST., BETWEEN THE PAWN SHOP AND THE OLD SHAKE'S SITE. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.17 acres. The request is to vacate a 50'
street easement of Sang Avenue N. of 6th Street, along and inside the E property, W of the former Shake's site.
Planner: Suzanne Morgan
Old Business:
10. ADM 06-2379: (Outdoor Lighting Ordinance Amendments): Submitted by Planning Staff to amend the City of
Fayetteville Unified Development Code Chapter 176: Outdoor Lighting. Planner: Leif Olson
11. CUP 06-2128: (SOUTH HILL CHURCH OF CHRIST, 561): Submitted by DAVE JORGENSEN for property
located at 1146 S HILL AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains
approximately 0.17 acres. The request is for a church (Use Unit 4) in the RMF -24 Zoning District.
Planner: Jesse Fulcher
New Business:
12. ADM 06-2383: (METROPOLITAN NATIONAL BANK): Submitted by McClelland Engineers for a major
modification to the approved LSD 06-1993. The request is to shift the curb cut to accommodate existing utility
equipment and to adjust the building footprint for grading purposes. Planner: Jesse Fulcher
13. ADM 06-2410: Administrative Item (ROCKCLIFF APPEAL): Submitted by JEFF ERF, an appeal of the City
Engineer's interpretation of Ch. 171-01 of the UDC, regarding a retaining wall at 620 Rockcliff Road.
Planner: Jeremy Pate
14. ADM 07-2423: Administrative Item (UNDERWOOD PLAZA): Submitted by SHARP ARCHITECTS for a
waiver from lighting requirements. Planner: Andrew Garner
15. PPL 06-2302: Preliminary Plat (WEDINGTON CIRCLE PZD, 404): Submitted by MEL MILHOLLAND for
property located NW OF WEDINGTON DRIVE AND GARLAND AVENUE. The property is zoned R-PZD 05-
1776, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 6.13 acres. The request is for a
preliminary plat of a Residential Planned Zoning District with 6 mixed-use lots proposed.
Planner: Suzanne Morgan
16. CUP 06-2386: (COX DEVELOPMENT, LLC, 400): Submitted by DAVID FAUCETTE COLDWELL
BANKER CORPORATE OFFICE for property located at NE CORNER OF WEDINGTON AND MEADOWLANDS
DR. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 5.09 acres. The request is for
an assisted living facility to be built out in two phases. The applicant is proposing a Phase I with 60,000 s.f. and Phase
II with 40,000 s.f. and 122 parking spaces. Planner: Jesse Fulcher
17. CUP 06-2387: (MALCO THEATRE, 134/173): Submitted by MCCLELLAND CONSULTING ENGINEERS
for property located at the SE CORNER OF JOYCE BLVD. AND STEELE BLVD. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 12.92 acres. The request is for additional parking
for the approved movie theatre. Planner: Suzanne Morgan
18. CUP 06-2397: (ARBORS AT SPRINGWOODS, 286): Submitted by THE ARBORS AT SPRINGWOODS/
SPRINGWOODS LEISURE LIVING LLC for property located at 2178 W. MOORE LANE. The property is zoned
COMMERCIAL PLANNED ZONING DISTRICT (C-PZD) and contains approximately 25.23 acres. The request is
for a temporary sales office trailer for the Arbors @ springwoods development on Lot 2 of the springwoods C-PZD.
Planner: Andrew Gamer
19. RZN 06-2396: (BRISIEL, 363): Submitted by JORGENSEN & ASSOC for property located at 2783 MT.
COMFORT RD. The property is zoned P-1, INSTITUTIONAL and contains approximately 2.19 acres. The request is
to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre. Planner: Jesse Fulcher
20. RZN 06-2399: REZONING (CITY OF FAYETTEVILLE). Submitted by Planning Staff for properties located
west of Double Springs Road. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains
approximately 1,419.30 acres. The request is to rezone 39.62 acres of the subject property to P-1, Institutional, 3.93
acres of the subject property to C-1, Neighborhood Commercial, 55.33 acres to RSF-4, Residential Single Family -4
units per acre, 232.06 to RSF-1, Residential Single Family -1 unit per acre, and maintain the R -A, Residential
Agricultural -.5 units per acre zoning for the remaining 1,088.36 acres. Planner: Karen Minkel
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data
are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All
interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72
hour notice is required. For further information or to request an interpreter, please call 575-8330.
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of January 8, 2007
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: January 3, 2007
FPL 06-2394: Final Plat (BELCLAIRE ESTATES, 169): Submitted by N. ARTHUR SCOTT
for property located at NE OF HWY 112 AND HOWARD NICKELL RD. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 39.86 acres.
The request is for the final plat of a residential subdivision with 96 single family lots proposed.
Planner: Suzanne Morgan
Findings:
Proposal: The applicant requests approval of a final plat for Belclaire Estates. The subject
property contains approximately 39.86 acres and is within the RSF-4 zoning district. The
property is proposed to be subdivided into 99 lots with 96 for development of single-family
homes. One lot is designated for detention and two lots are proposed as tree preservation areas.
The property is located at the northeast corner of the intersection of Hwy 112 and Howard Nickel
Rd, south of Forest Hills Estate subdivisibn, a County subdivision.
Background: The northern 30 acres of property was annexed into the City of Fayetteville on
August 17, 2004. In conjunction with this annexation, this property, along with 10 acres to the
south was rezoned RSF-4. To ensure approval for development of a residential subdivision, the
developer offered the City a Bill of Assurance that was accepted by the City Council (see
attached). The preliminary plat was approved on November 22, 2004. Though the Parks and
Recreation Board recommended a land dedication for the proposed development, the Planning
Commission determined that parkland in this area was not appropriate and found in favor of
money -in -lieu of land dedication to meet the parkland dedication ordinance
The project was forwarded to the Planning Commission at the December 28, 2006 Subdivision
Committee meeting with a recommendation for approval, and no outstanding issues to address.
No public comment was received.
K:\Reporis\2007\PC Repotts\01-08-07\FPL 06-2394 (Belclaire Estates).doc
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 1 of 14
Surrounding Zoning and Uses:
DIRECTION
LAND USE
ZONING
North
Single-family (Forest Hills Estates)
Planning Area
South
Single-family (Lynn -Leigh Hills)
The Heights at Park West (Under
Construction)
RSF-4, Res. Single-family, 4
units/acre
R-PZD 05-1796
East
Single-family
R -A, Residential Agricultural
Planning Area
West
Single-family
Planning Area
Water & Sewer: Water and sanitary sewer have been extended to serve this development.
Right-of-way being dedicated: Rights-of-way to be dedicated include both 50' and 42' rights-of-
way within the subdivision, along with 70 feet of right-of-way at for Promenade Link
Park land: The Parks and Recreation Board recommended a land dedication of 2.30 acres for 96
single family units. The Planning Commission decided against that recommendation and voted
to accept money in lieu of land to fulfill parkland requirements. A total of $53,280 shall be
submitted prior to final plat recordation.
Tree Preservation:
Existing canopy: 15.16%
Preserved canopy: 8.45%
Required canopy: 15.16%
Mitigation: Required
Recommendation: The Subdivision Committee recommended forwarding this item to the
Planning Commission with a recommendation for approval with conditions.
Staff recommends approval of FPL 06-2394 with a recommendation of approval with the
following conditions:
Conditions of Approval:
1. Planning Commission determination of a waiver request from the Unified Development
Code, Ch. 171.03 (A.2), which states, "[the developer shall] install ... sidewalks
necessary to bring the street into conformity with all existing city standards." In lieu of
constructing a 6' sidewalk adjacent to Hwy 112, south of lots 57-64, the applicant
requests to construct a 6' sidewalk on Cartier Street which runs parallel to Hwy 112. The
sidewalk also connects from Cartier Street to Hwy 112 between lots 64 and 65 via an
access easement. Staff recommends approval of the waiver request finding that the
existing drainage ditch prohibits the installation of a sidewalk that meets city standards.
Significant improvements by the City or Highway Department in this area will need to
occur to establish the correct elevations of the sidewalk. In lieu of a sidewalk at this
time, staff recommends that the applicant pay an assessment of $17,285.94 prior to
recordation of the final plat (assessment number to be verified prior to final plat).
K:\Reports\2007\PC Reports\01-08-07\FPL 06-2394 (Belclaire Estates).doc
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 2 of 14
2. Right-of-way for Hwy 112 to fulfill Master Street Plan requirements (minimum 55 feet
from centerline) shall be dedicated by warranty deed prior to final plat approval.
3. Staff shall verify that all existing structures have been removed from the subject property
prior to recordation of final plat.
4. The applicant shall pay Parks fees in the amount of $53.280 for 96 single family units
prior to recordation of the final plat.
5. Lots 82 is owned by the P.O.A and reserved as a natural drainage and tree preservation
area. Lot 99 is an unbuildable lot, also owned by the P.O.A for the subdivision, and
retained as a tree preservation area.
6. Lot 57 is an unbuildable lot, reserved for the use of detention and to be owned and
maintained by the P.O.A. for the subdivision.
7. Staff would recommend planting the trees along Avalon Street, Promenade Link and any
other corner lots at which the right of way trees could be planted before construction.
These trees would have the same deadline of May 2007 as those found on Lots 99, 82,
and 57. Please revise the Tree Mitigation Planting Plan.
8. There was a bit of canopy removed along the north green area during the construction
process. It was agreed that a few mitigation trees would be planted here to replace the
canopy lost. Please revise the Tree Mitigation Planting Plan to reflect this.
9. Language for the final plat must be drafted and approved for lot 82 and the drainage
easement located between lots 89, 90, 91, and 93 before signature of the final plat. The
applicant will work with City staff to create such Language that would allow for tree
preservation and the ability to maintain the essential drainage.
10. The applicant shall mitigate for the removal of 106,722.SF of tree canopy. The required
mitigation is 245 two-inch caliper trees. The applicant has requested and been approved
for on-site mitigation. Finding that not all 245 trees can be planted on site a contribution
to the Tree Escrow Account for the remainder will be accepted.
11. Before signature of Final Plat a bond, letter of credit, or check shall be deposited with the
City of Fayetteville for a 3 -year term for all on-site trees.
12. Street lights on all interior streets and Hwy 112 shall be installed or guaranteed with a
maximum separation of 300 feet along all streets prior to final plat recordation.
13. Sidewalks shall be installed or guaranteed prior to recordation of the final plat.
Sidewalks adjacent to lots 57, 82 and 99 shall be constructed, not guaranteed, prior to
recordation of the final plat.
K:\Reports\2007\PC Reports \0I-08-07\FPL 06-2394 (Belclaire Estates).doc
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 3 of 14
14. The applicant shall install future street extension signs at Avalon street stub -out prior to
recordation of the final plat.
15. Subdivision area signage shall be permitted in accordance with applicable city codes.
16. Promenade Link is to be dedicated with 70' right-of-way with a 40' wide street. This is
larger than required by the Master Street Plan. As the only intersection along this portion of
Highway 112, staff recommends that this street be striped for a turn -lane prior to recordation
of the final plat.
17. All property owners within the subdivision shall comply with the requirements of the Bill of
Assurance (Ord. #4605), which have been included on Page 2 of the final plat.
18. The applicant shall provide confirmation of the alignment of Promenade Link with the new
street in The Heights at Park West which will intersect Highway 112.
19. The applicant shall submit for final plat review comments by Planning and Engineering Staff
from the City prior to application of signatures. Revise the plat to address the following:
a. Revise the greenspace information within the Street Table to correctly correspond
with the revised sidewalk widths (coordinate with staff).
b. Include a detail of the improvements made at the intersection of Highway 112
and Howard Nickell Road on the plat.
c. Each intersection radii need to have two handicap access ramps located at the point
of the curve. Several are either missing or in the wrong location. Please revise.
d. Modify notes regarding the tree preservation areas and mitigation requirements as
needed and directed by the Urban Forester to meet the requirements of the Planning
Commission.
e. Add a note to the plat stating a maximum height, wrought iron or similar fence may
be installed along the boundary of the access easement between lots 64/65 for
pedestrian protection. No privacy fences will be permitted.
Standard Conditions of Approval:
20. 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)
21. 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.
22. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
K:\Reports\2007\PC Reports\01-08-07\FPL 06-2394 (Belclaire Estates).doc
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 4 of 14
Planning Commission Action: Approved Denied Tabled
Motion:
Second:
Vote:
Date: January 8, 2007
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
K:\Reports\2007 PC Reports\01-08-07WEL 06-2394 (Belclaire Estates)-doc
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 5 of 14
a. eville
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of January 8, 2007
TREE PRESERVATION and PROTECTION REPORT
To: Fayetteville Planning Commission
From: Sarah K. Patterson, Urban Forester
Date: January 3, 2007
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3470
ITEM #: FPL 06-2394: Final Plat (Belclaire Estates)
Requ
Canopy Measurements:
Initial Review with the Landscape Administrator
✓
Site Analysis Map Submitted
✓
Site Analysis Written Report Submitted
✓
Complete Tree Preservation Plan Submitted
Canopy Measurements:
Conditions of Approval:
1. Staff would recommend planting the trees along Avalon Street, Promenade Link
and any other corner lots at which the right of way trees could be planted before
construction. These trees would have the same deadline of May 2007 as those
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 6 of 14
acres
36.66
square feet
1,596,910
acres
5.56
square feet
242193.60
percent of site area
15.16%
R "r
o
;d®
3.11
acres
square feet
135,471.60
percent of total site area
8.45%
='7'
-• a
15.16%
Conditions of Approval:
1. Staff would recommend planting the trees along Avalon Street, Promenade Link
and any other corner lots at which the right of way trees could be planted before
construction. These trees would have the same deadline of May 2007 as those
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 6 of 14
found on Lots 99, 82, and 57. Please revise the Tree Mitigation Planting Plan.
2. There was a bit of canopy removed along the north green area during the
construction process. It was agreed that a few mitigation trees would be planted
here to replace the canopy lost. Please revise the Tree Mitigation Planting Plan to
reflect this
3. Language for the final plat must be drafted and approved for lot 82 and the
drainage easement located between lots 89, 9o, 91, and 93 before signature of the
final plat. The applicant will work with City staff to create such language that
would allow for tree preservation and the ability to maintain the essential
drainage.
4. The applicant shall mitigate for the removal of ro6,722.SF of tree canopy. The
required mitigation is 245 two-inch caliper trees. The applicant has requested
and been approved for on-site mitigation. Finding that not all 245 trees can be
planted on site a contribution to the Tree Escrow Account for the remainder will
be accepted.
5. Before signature of Final Plat a bond, letter of credit, or check shall be deposited
with the City of Fayetteville for a 3 -year term for all on-site trees.
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 7 of 14
THE CITY OF .FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3469
TO:
FROM:
DATE:
SUBJECT:
Suzanne Morgan, Associate Planner
Alison Jumper, Park Planner
December 27, 2006
Parks & Recreation Subdivision Committee Comments
******************************************************************************
Meeting Date: December 28, 2006
Item: FPL 06-2394 Belclaire Estates, 169
Park District: NW
Zoned: RSF-4
Billing Name & Address: Dream Team Holdings 1, LLC P.O.Box 8783 Fayetteville, AR
72703
Single Family
Multi Family
Mobile Home
Lot Split
COMMENTS:
Land Dedication Requirement
@ .024 acre per unit = _ acres
@ .017 acre per unit = acres
@ .024 acre per unit = acres
Money in Lieu
96 @ $555 per unit = $ 53,280
@ $393 per unit = $
@ $555 per unit = $
@ $555 per unit = $
■ PRAB recommended a land dedication on September 13, 2004.
• The PRAB recommendation was overturned at the November 22, 2004 Planning
Commission meeting.
• Fees in the amount of $53,280 for 96 single family units prior to signing final plat.
FPL 06-2394
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 8 of 14
PROJECT DESIGN CONSULTANTS, INC.
December 22, 2006
City of Fayetteville
Suzanne Morgan,
Planner
125 W. Mountain
Fayetteville, AR
RE: Waver for sidewalk location Belclaire Estates
Dear Suzanne:
The present location for the sidewalk along hwy 112, as located by the detention pond and
Tots 58 thru 64, as shown on the final plat. This location was chosen due to the location of
drainage and the close location of the highway. Discussions with the Planning department and
engineering, the present location was chosen and to have a 6 foot sidewalk.
We are now asking for a waver from the requirement of sidewalk along hwy 112 in this
location only, and sidewalk has been constructed in this location and other locations along the
existing highway.
If you have any questions, please call me at 479-521-5405. Thank you.
Sincerely,
Charles R. King, Jr.
Production Department Manager
130 N. MAIN • CAVE SPRINGS, AR • 72718
PHONE: 479-248-1161 • FAX: 479-248-1462
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 9 of 14
BILL OF ASSURANCE
FOR THE CITY OF FAYET TEVILLE; ARKANSAS
I.n order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner")
Leigh Taylor Properties, hereby voluntarily offers this
Bill of Assurance and enters into this binding agreement and contract with the
City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to
enforce any and all of the terms of this Bill of Assurance in the Chancery/
Circuit Court of Washington County and agrees that if Petitioner or Petitioner's
heirs, assigns, or successors violate any term of this Bill of Assurance, substantial
irreparable damage justifying injunctive relief has been done to the citizens
and City of Fayetteville, Arkansas. The Petitioner acknowledges that the
Fayetteville Planning Commission and the Fayetteville City Council will
reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and
Petitioner's property shall be restricted as follows IF Petitioner's rezoning is
approved by the Fayetteville City Council.
1. The use of Petitioner's property shall be limited to a maximum density
of 2.48 dwelling units per acre comprised of 99 lots.
2. Other restrictions including number and type of structures upon the
property are limited to 99single family homes to be not less than 2,400
heated sq.ft each to include an enclosed two car garage. Exterior Walls
will be no less than 80% brick, stone or approved masonry product, with
architectural shingles. All yards will be sodded.
3. Activities that will be allowed upon petitioner's property
are limited to those permitted in the RSF-4 zoning district.
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 10 of 14
4. When the Property :Owner's Association is established two property
owners from the Forest Hills Estates subdivision will be invited to serve
on the board.
5. A buffer area will be provided along the north property line 50 feet in
width. No structures shall be built within this buffer strip.
6. Petitioner specifically agrees that all such restrictions and terms shall
run with the land and bind all future owners unless and until specifically
released by Resolution of the Fayetteville City Council. This Bill of Assurance
shall be filed for record in the Washington County Circuit Clerk's Office after
Petitioner's rezoning is effective and shall be noted on any Final Plat or Large
Scale Development which includes some or all of Petitioner's property.
IN WITNESS WHEREOF and ina eement with all the terms and
conditions stated above, I, . (1 h qrr LUkttc , as the
owner, developer or buyer (Petitioner) voluntarily offer all such assurances and
sign my name below.
Date Printed N
2 n0 11)rt t, l-!x03wU is
I / b NeY
d/.. 1104
A
dress
NOTARY OATH
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
And now n this the /74-4 day of August, 2004, appeared before me,
Qr and after being
placed upon his/her oath swore or affirmed that he agreed with the terms of the
above Bill of Assurance and signed il}jne above.
agfrciateas —Lg.-taloa
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January 8, 2007
Planning Commission
FPL 06-2334 Belclaire Estates
Agenda Item 2
Page 11 of 14
FPL06-2394
Close Up View
BELCLAIRE ESTATES
Overview
Legend
9,op
0009 Overlay District — FLOODWAY --- 500 YEAR
— 100 YEAR --- LIMIT OF STUDY
– – - Baseline Profile
O Fayetteville
I • -- . I Outside City
® FPL06-2394
vedor.GDB.Foorprint 2004
Hillside-tfilltop Overlay District
0 175 350
700 1,050 1,400
January 8, 200
Planning Commissio
FPL 06-2394 Belclaire Estate
Agenda Item
Overview
Legend
Subject Property
FPL06-2394
Boundary
Planning Area
0,000%
000000 Overlay District
-- Outside City
0 0.25 0.5
Legend
Hillside -Hilltop Overlay District
1
��■ M
iles
January 8, 2007
Planning Commit sion
FPL 06-2394 Belclaire Es ates
Agenda Ibm 2
Page 1 s of 14
January 8, 2007
Planning Commission
FPL 06-2394 Belclaire Estates
Agenda Item 2
Page 14 of 14
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: January 3, 2007
PC Meeting of January 8, 2007
125 W. Mountain St.
Fayetteville, AR 72701.
Telephone: (479) 575-8267
ADM 07-2413: Administrative Item (FALLING WATERS PZD): The request is for the
extension of the approval for the Falling Waters Planned Zoning District.
Planner: Suzanne Morgan
BACKGROUND
Property Description: The subject property consists of approximately 137 acres located south of
Stonebridge Meadows Phase II and Dead Horse Mountain Road. The south, east and western
limits of the subject property extend to the city limits. The property is an undeveloped, heavily
tree canopied hillside'with frontage on Dead Horse Mountain Road.
Background: On November 15, 2005, the City Council approved the Planned Zoning District;
however, the ordinance went into affect 31 days following this approval date, which was
December 16, 2005.
Chapter 166.06 (J) of the Unified Development Code states:
Phasing. Phasing of a PZD master development plan may vary from the
requirements of Chapter 166 of the UDC with regard to the expiration of permits
and plans only when phasing has been identified, described, and approved as part
of the PZD master development plan process.
The applicant identified specific time frames for approval of each of the six phases of
development. As approved, permits for each phase of construction were to be issued within a
year of each other, with the first phase required to be approved within 1 year of the date of the
ordinance passing.
Condition of Approval #30:
Phasing: The anticipated build -out is 2011 for all six phases. In order to ensure the
proposed Master Development Plan meets all of the goals and criteria set forth, a phasing
schedule is required. If certain permitting times are not met, the Planned Zoning District
approval shall be voided, or extended as allowed by §166 of the UDC. The following
development phasing shall be enforced:
• Phase I: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 1
K: IReports120071PC Reports101-08-07IADM 07-2413 (Falling Waters).doc
January 8, 2007
Planning Commission
ADM 07-2413 Falling Waters PZD
Agenda Item 3
Page 1 of 6
year of the date of the ordinance passing.
• Phase II: All necessary permits to begin construction of the project,
pursuant to the criteria established in §166, shall be obtained within 2
years of the date of the ordinance passing.
• Phase III: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 3
years of the date of the ordinance passing.
• Phase IV: All necessary permits to begin construction of the project,
pursuant to the criteria established in §166, shall be obtained within 4
years of the date of the ordinance passing.
• Phase V: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 5
years of the date of the ordinance passing.
• Phase VI: All necessary permits to begin construction of the project,
pursuant to the criteria established in § 166, shall be obtained within 6
years of the date of the ordinance passing.
Proposal: The applicant requests an extension of Phase I of the Planned Zoning District.
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.06 (J) and 166.20(b) give
the Planning Commission authority to vary the expiration approval of a Planned Zoning District from
the original approval. In order to extend this approval, the applicant must: (1) request the extention
prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be
completed within the normal one year. If the one year extension is granted, it is within this time that
the applicant shall receive all permits and approvals as required by City, State, and Federal
regulations to start construction of the development or project.
(1) The applicant submitted the extension request to the Planning Division on December 12,
2006.
(2) In the applicant's letter, he states that the complications of off-site water and sewer
improvements, as well as a design of the on-site water system that phases a booster pump and
water tower, have contributed to the delay in final approval from the State Health
Department.
RECOMMENDATION
Planning Staff recommends approval of ADM 07-2413, the requested extension to Phase I ofR-PZD
05-1635, with the following conditions:
1. The applicant shall be allowed until December 16, 2007 to receive all necessary permits to
begin construction of Phase I as approved by the Planning Commission and City Council. If
the permits have not been issued by this time, the PZD approval shall be revoked. The
deadlines for Phases II — VI shall remain unchanged.
2. All other conditions of approval for the project shall remain applicable.
K: IReporls120071PC Reporis101-08-0714DM 07-2413 (Falling Waters).doc
January 8, 2007
Planning Commission
ADM 07-2413 Falling Waters PZD
Agenda Item 3
Page 2 of 6
CHAPTER 166: DEVELOPMENT
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this
section apply to all of the following plans
and permits:
(1) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(4) Large-scale developments;
Lot splits;
(6) Physical alteration of land permits;
Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10) Floodplain development permits.
(5)
(7)
(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)
(b)
For any renovation
construction, receive
permit; and/or,
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,
Receive a Certificate of Zoning
Compliance; and/or,
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
or new
a building
K: IReports120071PC Reports101-08-07IADM 07-2413 (Falling Waters).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.
(I) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant completing
the project and receiving fmal 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.
January 8, 2007
Planning Commission
ADM 07-2413 Falling Waters PZD
Agenda Item 3
Page 3 of 6
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January 3, 2007
Planning Com nission
ADM 07-2413 Falling Wat rs PZD
ends Item 3
ge 4 of 6
FALLING WATER @ STONEBRIDGE
Overview
Legend
Subject Property
RPZ0O5-1635
Boundary
Planning Area
000.
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I Outside City
0 0.12025 0.5
IM
Master Street Plan
Master Street Plan
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M
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January E,.2007
Planning Commission
s PZD
Agenda Item 3
Page 5 of 6
Ab u B7-2413 Falnny Wares
January 8, 2007
Planning Commission
ADM 07-2413 Falling Waters PZD
Agenda Item 3
Page 6 of 6
PC Meeting of January 8, 2007
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: December 29, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
VAC 06-2204: (BUNGALOWS @ CATO SPRINGS, 600): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located NORTH OF CATO SPRINGS ROAD, WEST
OF CLINE AVENUE. The property is zoned R-PZD 05-1797, BUNGALOWS AT CATO
SPRINGS and contains approximately 5.52 acres. The request is to vacate an access easement
(0.35 acres) and drainage channel access easement (0.03 acres) on the property.
Property Owners: Jim P. and Terri L. Knight
Planner: Andrew Garner
Findings:
Property Description and Background: The subject property is located on the north side of Cato
Springs Road west of Cline Avenue. A Planned Zoning District and Preliminary Plat for the
Bungalows at Cato Springs (R-PZD 05-1797, and PPL 06-2011) have been approved for a 31 -lot
single family development on the property. At the time of preliminary plat approval it was noted
that existing easements on the property would have to be vacated prior to final plat. The subject
easements include an access easement, and a channel access easement. The access easement was
platted for the property owner to the north to have access to his property, a tandem lot. It appears
that the channel access easement was originally platted to allow access to the Cato Springs
Branch Creek along the western portion of the property, for maintenance of this
waterway/floodway. Currently no public utilities or public uses occupy the easements.
As part of the Bungalows at Cato Springs Final Plat, right-of-way would be dedicated throughout
the property for new streets and alleys. This right-of-way would provide adequate access
throughout the development and to the drainage channel. An exhibit depicting the right-of-way
that would be dedicated is attached to this report.
Request: The applicant's request to vacate a 50' access easement (0.35 acres) and a 0.03 acre
channel access easement, as the easements will not be necessary to facilitate access after
development of the Bungalows at Cato Springs.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
K:\Reports\2007\PC Reports \01-08-07\VAC 06-2204 (Bungalows @ Cato Springs).doc
January 8, 2007
Planning Commission
VAC 06-2204 Bungalows @ Cato Springs
Agenda Item 4
Page 1 of 16
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE• RESPONSE
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: Staff has not received public comment on the vacation requests.
Recommendation: Staff finds that vacating the access easements would not adversely affect the
provision of access to the subject property, any other properties, or Cato Springs Branch Creek
with the dedication of right-of-way as part of the Bungalows at Cato Springs subdivision. Staff
recommends approval of the proposed access easement vacations VAC 06-2204 with the
following conditions:
1. Relocation of any existing utilities shall be at the owner/developer's expense.
2. New right-of-way shall be dedicated as part of the Bungalows at Cato Springs final
plat consistent with the previously approved street and alley layout for this
subdivision.
PLANNING COMMISSION ACTION: yes Required
Forward to City Council with recommendation for approval Denied
Motion:
Second:
Vote:
Date: January 8, 2007
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
K:\Reports\2007\PC Reports \01-08-07\VAC 06-2204 (Bungalows @ Cato Springs).doc
January 8, 2007
Planning Commission
VAC 06-2204 Bungalows @ Cato Springs
Agenda Item 4
Page 2 of 16
Date: November 21, 2006
Re: Bungalows at Cato Springs
Easement Vacation Requests
Dear Sir or Madam,
McClelland Consulting Engineers, Inc. would like to notify you of the petition to vacate the
following easements that lie adjacent to your property, described as follows, graphically
represented by the two enclosed exhibits.
Channel Access Easement:
A permanent channel access easement to be used for channel access purposes, being described
as follows: From the Southwest corner of said Section 21 and running South 87 degrees 13' 26"
East 717.59 feet; thence North 13 degrees, 26', 16" East 290.00 feet to the Point of Beginning:
thence South 85 degrees 29' 56" West 48.24 feet to the Eastern line of the permanent easement
described hereinabove; thence North 10 degrees, 00' 12" East along said Eastern line a distance
of 25.82 feet; thence leaving said Eastern line, North 85 degrees 29' 56" West 45.13 feet; thence
South 03 degrees 08' 50" West 25.22 feet to the Point of Beginning and containing 1,167 square
feet or 0.03 acre, more or less.
Access Easement:
A strip of land 50 feet wide, located within the corporate limits of the City of Fayetteville, being a
part of the SW/4 of the SW/4 of Section 21, Township 16 North, Range 30 West, of the\fifth
principle meridian, Washington County, Arkansas, the centerline of which is described as follows:
Beginning at a point South 87 degrees 13' 26" East, 856.76 feet and North 02 degrees 46' 34"
East, 30.00 feet from the Southwest corner of said Section 21, Thence North 02 degrees 46' 34"
East, 23.02 feet to a point of curvature; thence 124.23 feet along a tangential curve to the left,
having a radius of 338.02 feet, to a point of reverse curvature; thence 133.87 feet along a
tangential curve to the right, having a radius of 329.98 feet to a point; thence tangent to the
previous curve, North 04 degrees 57' 50" East, 30.10 feet to the Southerly line of Tract B.
Please feel free to contact our office with any questions, concerns, or comments.
A comment form has been included with this letter; if you should choose to FII it out, please return
it to our office at the address below.
Sincerely,
Leslie A. Munzner
McClelland Consulting Engineers Inc.
1810 North College Avenue
Fayetteville, Arkansas 72701
(479) 443-2377
January 8, 2007
Planning Commission
VAC 06-2204 Bungalows @ Cato Springs
Agenda Item 4
Page 3 of 16
CHANNEL ACCESS EASEMENT
P.N. 755-15016-0e0
GARY t JUDY ¢U/goor
p]KY OF F7
P.N. 785-00676-o
CHARLES 5 & WINGNA F. SANDERS
Chorine/ Access E semen
^
p permanent channel improvement easement to be used for
access Purposes being described as follows: From the
of said Section 27 and rennin channel
thenceh/
North 7376'76'9 feet South a Poi Southwest corner
South East 290.00 too- the Point
East of7two feet;
852936' West 48.24 feet to- the oite o! Beginning;
easement described Eastern pie the thence
Eastern line hero if 2582 feet; thence thenceceh owing s' Pem7aneet
North o distance of /earn
- 852956' East 45.73 feet; thence East al2ong said
to the Pont of South 03 9 said Eastern fine,
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to or lens Beginning and containing 1,167 square
West 0.03 a re,
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P.M 7$5-15372-000
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MGIARD LEE WATSON
P.M 755-
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January 8, 2807
Planning Commission
AC 06-2204 Bungalows @ Cato Sprins
Agenda Item 4
Page 4 o(16
50' ACCESS EASEMENT
P.N, 763-15046-0.N
CAI & JUDY SURW:
OINK' -15056-000
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CHARLES d @ 111N0NA 5660163
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P.N 765-I5I70-000
ALEX & LORI LINE.%
Access Eas meat
A strip of land 50 feet wide, located within the corporate limits of
the City of Fayettew7/e, being a part of the SW/4 of the SW/4 of
Section24 Townwhip 16 North, Range 30 West, of the fifth principal
meridian, Washington .County, Arkansas, the centerline of which is
described as follows:
Beginning at o point South 8773'26' East, 856.76 feet and North
024634' East, 30.00 feet from the Southwell comer of said Section
21, Thence North 02'4634' East. 23.02 feet to a point of curvature;
Thence 124.23 feet along a tangential curve to the left, having a
radius of 338.02 feat, to a point of reverse curvature; thence 133.87
feet along a tangential curve to the right, having a radius of 329.98
feet to a point; thence tangent to the previous curve, North
0457'50' East, 30.70 feet to the Southerly line of Tract 8.
.58 P: EIIL-002
K1l0Ir
C4 TO SPRINGS RD.
P.N. 765-15174-00L
WAYNE RELIEF
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January 8, 2007
Planning Commission
VAC 06-2204 ndngalows @ Cato Springs
Agenda Item 4
Pan4'-6-of-ACr-
Agenda Item 4
Page 6 of 16
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Agenda Item 4
Page 6 of 16