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HomeMy WebLinkAbout2007-02-26 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, February 26, 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 WeAyifle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, February 26, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the December 11, 2006 Planning Commission meeting minutes. 2. ADM 07-2491: Administrative Item (SHOPPES AT STONEBRIDGE): Submitted by Steven Beam with Crafton, Tull, Sparks and Associates, Inc. requesting a one year extension of the March 2006 approval for the Large Scale Development of the Shoppes at Stonebridge. Planner: Suzanne Morgan 3. ADM 07-2500: Administrative Item (LUTTRELL): Submitted by RICK LUTTRELL requesting a one year extension of the February 2006 approval for the Lot Split, LSP 05-1781. Planner: Jesse Fulcher 4. ADM 07-2501: Administrative Item (ZAXBY'S EXTENSION): Submitted by BROCK DESIGN GROUP, INC. requesting a one year extension of the February 2006 approval for the Large Scale Development, LSD 05-1736. Planner: Andrew Gamer 5. ADM 07-2502: Administrative Item (THE ARBORS @ springwoods): Submitted by MARLEY DEVELOPMENT CO. requesting a one year extension of the April 2006 approval for the Large Scale Development, LSD 06-1974. Planner: Andrew Garner 6. LSD 07-2417: Large Scale Development (CHICK-FIL-A, 521): Submitted by PBS&J for property located at 1369 WEST 6TH STREET, AT THE SOUTHEAST CORNER OF 6TH AND RAZORBACK ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.50 acres. The request is for a 3,921 s.f. restaurant with associated parking. Planner: Andrew Garner 7. LSD 07-2457: Large Scale Development (LEVERETT COMMONS, 405): Submitted by H2 ENGINEERING, INC. for property located on the E SIDE OF LEVERETT AVENUE, S OF RAINBOW DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.45 acres. The request is for 11 additional dwelling units to be added to existing structures and associated parking. Planner: Suzanne Morgan S. LSD 07-2454: Large Scale Development (THE COURTS @ WHITHAM, 444): Submitted by N. ARTHUR SCOTT for property located at 529 & 539 N. WHITHAM AND 711 W. DOUGLAS STREET. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 1.42 acres. The request is for a multi -story residential project with 33 1 -bedroom units. The project was previously approved in November of 2005, and has expired. This request is identical to the previous submittal. Planner: Andrew Garner 9. LSD 07-2426: Large Scale Development (FIRE STATION #3, 565): Submitted by CARTER & BURGESS, INC. for property located at the SE CORNER HAPPY HOLLOW AND HUNTSVILLE ROAD. The property is zoned I-2, GENERAL INDUSTRIAL and contains approximately 1.53 acres. The request is for a 2 -story, 6,562 s.f. fire station. Planner: Suzanne Morgan New Business: 10. ADM 07-2490: (SRYGLEY, 294): A variance submitted by Angel Srygley for property located at 2518/2536 Candlewood Drive, to allow for a reduction in the five-foot retaining wall setback from a property line, a variance of Ch. 169.06, Land Alteration Requirements. Planner: Jeremy Pate 11. CUP 07-2463: (KAMINSKY, 522): Submitted by LAURA KELLY for property located at 641 1/2 W SIXTH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 0.32 acres. The request is for an accessory residential use in a nonresidential district, which exceeds the required size of an accessory structure. Planner: Suzanne Morgan 12. CUP 07-2432: (MOUNTAIN RANCH APARTMENTS, 479): Submitted by JORGENSEN AND ASSOCIATES for property located SE OF PERSIMMON STREET AND MOUNTAIN RANCH S/D PHASE I. The property is RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 15.37 acres. The request is for a 4,800 sq. ft. clubhouse and swimming pool on the subject property. Planner: Jesse Fulcher 13. LSD 0 7-2427: Large Scale Development (MOUNTAIN RANCH APARTMENTS, 479): Submitted by JORGENSEN & ASSOCIATES for property located S OF PERSIMMON STREET AND E OF MOUNTAIN RANCH SUBDIVISION PH. I. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 15.37 acres. The request is for an apartment complex with 360 dwelling units in 4, four-story buildings with associated parking, clubhouse, pool and green space. Planner: Jesse Fulcher 14. RZN 07-2464: (FOWLER, 558): Submitted by STEVE FOWLER for property located at 2725 W. SIXTH STREET & 2769 W. SIXTH STREET. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 1.50 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Jesse Futcher 15. R-PZD 06-2281: Planned Zoning District (HOLCOMB HEIGHTS, 245): Submitted by TODD JACOBS CRITICAL PATH DESIGN for property located at THE SW CORNER OF WEIR AND SALEM, N OF THE SALEM MEADOWS S/D. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 13.47 acres. The request is for a Residential Planned Zoning District containing 68 dwelling units. Planner: Jesse Fulcher 16. ANX 00-2288: Annexation (BROYLES, 245): Submitted by JAMES ATWOOD for property located at 3611 AND 3677 WEIR ROAD. The property is in the Planning Area and contains approximately 10.61 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Jesse Fulcher 17. R-PZD 07-2452: Planned Zoning District (THE LINKS AT FAYETTEVILLE, 400.401.361.362): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at THE NORTHEAST CORNER OF WEDINGTON AND RUPPLE ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 05-1636 (WELLSPRING) and contains approximately 152.23 acres. The request is for zoning and land use approval only for a new R-PZD. The proposed R-PZD would allow 1,438 residential dwelling units, 130,200 square feet of non-residential/commercial space, and 16,388 square feet of recreational buildings. The non-residential and recreational portions of the development would contain a golf course, a commercial `market' area, green space, park, and associated parking. Planner: Andrew Gamer 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. a1/4:vi le at ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 26, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 21, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2491: Administrative Item (SHOPPES AT STONEBRIDGE): Submitted by Steven Beam with Crafton, Tull, Sparks and Associates, Inc. requesting a one year extension of the March 2006 approval for the Large Scale Development of the Shoppes at Stonebridge. Planner: Suzanne Morgan BACKGROUND Property: The subject property contains approximately 3.28 acres and is located at the northwest corner of Huntsville Road and Stonebridge Road. The property is zoned C-2, Thoroughfare Commercial and currently contains two commercial structures with associated parking. Background: On March 30, 2006, the Subdivision Committee approved LSD 06-1979 for Shoppes at Stonebridge. The development consists of a retail building of 14,609 sq. ft. with two drive-thrus and 59 parking spaces. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on March 30, 2008. According to the applicant, the extension will allow the applicant the necessary time to submit plans for and obtain all necessary building permits. If the necessary permits are not issued prior to March 30, 2008, the Large Scale Development 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 Large Scale Development one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the extention prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant submitted the extension request to the Planning Division on February 9, 2007. K IReports120071PC Reports102-26-071ADM 07-2491 (Shopper at Stonebridge).doc Planning Commission February 26, 2007 ADM 07-2491 Shoppes At Stonebridge Agenda Item 2 Page 1 of 6 (2) The applicant states in the attached letter that since the approval of the project, the applicant, Tri -City Investments, LLC, has sold the project to Mr. John Selig of Rolin Park, LLC. Mr. Selig is currently working through some title issues relative to the lease arrangements for the current tenants of the building that exist on the property. When these issues are resolved, the owner expects to submit construction drawings for building permit review. RECOMMENDATION Planning Staff recommends approval of ADM 07-2491, the requested extension to LSD 06-1979, with the following conditions: 1. The applicant shall be allowed until March 30, 2008 to receive all necessary permits for the Large Scale Development as approved by the Subdivision Committee. If the permits have not been issued by this time, the LSD approval shall be revoked. 2. The Landscape Plan shall be modified to meet the Landscape Ordinance regulations as adopted at the time of this extension. 3. All other conditions of approval for the project shall remain applicable. Motion to Approve (on consent): Second: Vote: K.IReports120071PC Reportsl02-26-071ADM07-2491 (Shopper at Stonebridge).doc Planning Commission February 26, 2007 ADM 07-2491 Shoppes At Stonebridge Agenda Item 2 Page 2 of 6 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. K:: I Reports 120071 PC Reports 102-26-071 ADM 07-2491 (Shopper at Stonebridge).doc (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. Planning Commission February 26, 2007 ADM 07-2491 Shoppes At Stonebridge Agenda Item 2 Page 3 of 6 Crofton, Tull & Associates, Inc. architects, engineers & surveyors February 9, 2007 Mr. Jeremy Pate Director of Current Planning City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 histod:al preserca ion. government WA:: works a healthcare M residential educatfon parks, sports & recreation El py transportation M lndusrriai commercial ng' RE: Shoppes at Stonebridge (LSD 06-1979) CTA Job No. 061001-02 Dear Jeremy, The Shoppes at Stonebridge LSD was approved by the Subdivision Committee on March 30, 2006. Since that time, the original applicant, Tri -City Investments, LLC, has sold the project to Mr. John Selig of Rolin Park, LLC. I am sending you this letter on behalf of each entity to request the name of the applicant be changed and also to request a 1 -year extension of the Large Scale Development approval. Mr. Selig is currently working through some title issues relative to the lease arrangements for the current tenants of the buildings that exist on the property. When those are resolved, he expects to complete the approval of the Construction Drawings and then begin construction. Please let us know what additional information you may need in order to place this request before the Planning Commission. I'll be glad to help out however I can. Sincerely, Crofton, Tull, Sparks and Associates, Inc. Steven Beam, P.E. Project Manager Plheningtommission February 26, 2007 ADM 07-2491 Shoppes At Stonebridge Agenda Item 2 Page 4 of 6 THE SHOPPES AT STONEBRIDGE Legend g00000 oo Overlay YEAR District — FLOODWAV 500 YR ®o — 100 YEAR LIMIT OF STUDY — — - Baseline Profile O Fayetteville �`., '.- Outside City LSD06-1979 vectonG06.Footpdnt 2004 0 75 150 300 450 600 Feet A Planning Commission February 26, 2007 M 07-2491 Shoppes At Stonebridge Agenda Item 2 Paye U .,f G One Mile View THE SHOPPES @ STONEBRIDGE Overview Legend Subject Property LSDO6-1979 Boundary • Planning Area o • 0 Overlay District o:o Outside City Legend 0 0.129.25 0.5 0.75 Ell IM 1 Planning Commissi February 26, 20 17`i491 Shoppes At Stonebrid Ao Iton )n )7 32 Page 6 of 6 1 evi e ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 26, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 20, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2500: Administrative Item (LUTTRELL/MCDONNELL): The request is for the extension of the approval for the Lot Split (05-1781). Planner: JESSE FULCHER BACKGROUND Property Description and Background: The subject property consists of approximately 8.68 acres located south of W. Wheeler Rd., east of 54th Street, a planned Collector Street. An application was approved by the Subdivision Committee on February 16, 2006 for a lot split and by Planning Staff for an administrative property line adjustment. Specifically, the request was to adjust the property lines from 3.00 acres (Tract 5A) and 5.64 acres (Tract 5B) to reflect two tracts of 1.73 and 6.21 acres respectively. The request was to then split Tract 5B into three tracts of 1.58, 2.06 and 2.57 acres. Proposal: The applicant requests to extend the approval of the Lot Split for one year, to expire on February 16, 2008. Should this extension be granted, all conditions of approval shall be met and the lot split/property line adjustment document filed of record. If the conditions of approval are not satisfied and the document filed of record prior to February 16, 2008, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 07-2500, the requested extension of LSP 05-1781 with the following conditions: 1. The applicant shall be allowed until February 16, 2008 to satisfy all conditions of approval and file the document at the Washington County Circuit Clerk's Office. If the document has not been filed by this time, the Lot Split approval shall be revoked. 2. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning K:IReports120071PC Reports102-26-071ADM 07-2500 (Luttrell McDonnelllfdoc Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 1 of 10 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 record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division. (1) The applicant has submitted the extension request to the Planning Division on February 12, 2007 prior to the one year time limit ending on February 16, 2007. (2) The applicant has been working this past year to fulfill the conditions of approval for this project and proceed with construction. Currently, the area which will be dedicated as public right-of-way for the future extension of 54th Street has been cleared of underbrush. However, the 20' paved drive that is required to be constructed within the dedicated right-of-way to serve as access and frontage for Tracts 5C and 5B has not been completed. K:IReports12007IPC Reports102-26-071ADM 07-2500 (Luttrell_McDonnell).doc Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 2 of 10 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. (I) 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) (c) (d) For any renovation or new construction, receive a building 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 K:IReports12007tPC Reports102-26-071ADM 07-2500 (LuttrellMcDonne10.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. Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 3 of 10 February 12, 2007 Dear Fayetteville Planning Division and Subdividision Committee Members, Concerning LSP 05-1781, I would like to request a one year extension in order to meet the conditions of approval that were outlined in the SC meeting of February 16, 2006. At this time the clearing of underbrush in the access area has been accomplished, but the 20' of paved frontage has yet to be completed. I have full intentions of completing this project and meeting all outlined conditions of approval if additional time could be granted on this project. Thank you for your consideration in this matter. Rick Luttrell 5383 Wheeler Road Fayetteville, AR 72704 Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 4 of 10 aye V e ARKANSAS LSP 05 -1781 Pagel THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Subdivision Committee Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 15, 2006 Updated February 17, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSP 05-1781: Lot Split (LUTTRELL/MCDONNELL, 320): Submitted by BUCKLEY BLEW for property located at 5583 & 5391 W. WHEELER RD. The property is in the Planning Area and contains approximately 8.68 acres. PLANNER: JESSE FULCHER Findings: Property & Proposal: The site is located south of W. Wheeler Rd., east of 54th St, a planned Collector Street. The request is to adjust the property lines from 3.00 acres (Tract A) and 5.64 acres (Tract B) to reflect two tracts of 1.73 and 6.21 acres respectively. The request is to then divide Tract 5-B into three tracts of 1.58, 2.06 and 2.57 acres respectively. Surrounding Land Use/Zoning: Direction Land Use Zoning North Single Family Residential Planning Area South Single Family Residential Planning Area East Single Family Residential Planning Area West Single Family Residential Planning Area Right-of-way dedication: The applicant shall dedicate a total of 35' right-of-way from the centerline of W. Wheeler Rd. (a Collector Street) and 35' right-of-way from the centerline of 54th St. (a planned Collector Street) as noted on the plat. There has been discussion regarding ownership of the property on which the access is located currently. With right-of-way dedication, the applicant is dedicating property that he owns pursuant to the City's Master Street Plan. Property ownership disputes are a civil matter. Water/Septic: Water is available to each tract from a water line on W. Wheeler Rd and 54th St. (subject to right-of-way dedication or easement) Each tract is greater than 1 5 acres; therefore, the City does not require septic system approval. Recommendation: Staff recommends that LSP 05-1781 be approved by the Subdivision Committee with the following conditions: K:IReports120061SC Reports102-16-061LSP 05-1781 (Lultrell_McDonnell).doc Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 5 of 10 LSP 05 -1781 Page 2 Conditions of Approval: Dedication of 35' right-of-way from centerline of W. Wheeler Rd. and 35' right-of- way from the centerline of 54th St. (the existing access drive) as necessary for adequate access required and shall be recorded per this plat. a. The applicants shall pave a 20' access from Wheeler Rd. to Lot 5-D within the dedicated right-of-way. The 20' access shall provide a minimum of 75' of paved frontage adjacent to Lot 5-D. 2. Washington County approval of the proposed lot split shall be obtained prior to filing the lot split. 3. ADDED AT SUBDIVISION COMMITTEE MEETING: SHOW ALL EXISTING WATER LINES AND LABEL SIZES. 4. ADDED AT SUBDIVISION COMMITTEE MEETING: SHOW 25' BUILDING SETBACK AS A 25' UTILITY EASEMENT ALONG 54TH STREET. JOG UTILITY EASEMENT AROUND ANY EXISTING STRUCTURES. Standard Conditions of Approval: 5. 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). Additional Conditions: a. b. Subdivision Committee Action: '1 Approval Motion: Myres Second: Lack Vote: 3-0-0 Meeting Date: February 16, 2006 Comments: ❑ Forwarded to P.C. The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K:IReports120061SC Reportsl02-16-06ILSP 05-1781 (LuttrellMcDonnelljdoc Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 6 of 10 1 / LV 1 L11 N L' fl LJJ t) ►J 1 1V1_L1 100' 200' 300' GRAPHIC SCALE ON FEET) 4R0nch -1006. N 89'42'02" W 25.97' N 89'42 D.B. LOT NW CORNER FRAC. NE 1/4 SECTION2 T -16-N. R -31-W • 87/i.E6B.S.B. ^I • LAC -8 In 1.74 ACRES /— �m Dt �uw APPROXIMATE 65P11e LOCATOR APPROXIMATE SEPTIC LOCATION I2 ® LIE WW SI yl� NI0 IC UTILITY U 4R0551SSING. 4" LINE 232.21' 195.12' (ADJUSTED ) N 89'57 13 W 427.33' 70.0( re (PRE'9C11S IAT UNE) co E05000 PARCEL 1 196-00920-000 IX0NIC PARCEL 1 196-00920-001 909.0016x6 5 89'57'00" E 428.28 CITY PLAT PAGE 320 S 84'41'12" E 43039' 09 10 TOTAL ACREAGE 8.68 ACRES+/ - 314 M THE FRACTIONAL NORTHEAST QUARTER OF SECTION 2, TOWNSHIP ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: TIONAL NORTHEAST QUARTER AND RUNNING THENCE S00°45'35"W 929', THENCE N89°42'02"W 204.43' TO A STATE MONUMENT, THENCE PING 2.07 ACRES, MORE ORLESS. SUBJECT TO THE RIGHT-OF-WAY OF WEST SIDE OF HEREON DESCRIBED PROPERTY. )N IN THE FRACTIONAL NORTHEAST QUARTEROF SECTION 2, TOWNSEIIP ANSAS, 661910 MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: S89°42'02"E 204.43' FROM THE NORTHWEST CORNER OF SAID NCE S00°29'44"W 389.29', THENCE S89°57'13"E 195.12', THENCE N00°29'49"E INNING. CONTAINING 174 ACRES, MORE OR LESS. SUBJECT TO THE T SIDE, A 25' WIDE UTILITY EASEMENT ON THE NORTH SIDE AND A 15' I DESCRIBED PROPERTY. )N IN THE FRACTIONAL NORTHEAST QUARTER OF SECTION 2, TOWNSHIP ANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: •M THE NORTHWEST CORNER OF SAID FRACTIONAL NORTHEAST ENCE S89°57'00"E 428.28', THENCE N00329'49"E 219.94', THENCE N89"57' 13"W rocs 9F0950 AT FCC CIM IF CT TO A 20' WIDE F.ASF.MENT ALONG THE OWNER / DEVELOPER: NAME: LUTTRELL. RICHARD D & SHELIA L MCDONNELL, JOHN & ELLEN ADDRESS 53935391 W WHEELER RD FAYETTEVILLE AR 72704 PARCEL: 19E00920-001 196-00920-000 ZONED: PLANNING. AREA FAYETTEVILLE CERTIFICATE OF OWNERSHIP & DEDICATION. WE. THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PEI (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED M DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND, AS SHOWN ON THIS PIAT FOR PUBLIC BENEFIT AS PRESCRIBED BY L OWNERS ALSO DEDICATE TO WASHINGTON COUNTY AND TO THE PL UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPAN' HOLDING A FRANCHISE GRANTED BY WASHINGTON COUNTY) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALI OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES ALSO ESTABLISHED HEREBY IS THE MOOT OF INGRESS AND EGRESS TOSA EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS. STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND 1140 RIGHT REMOVE OR TRIM TREES WITHIN SAID EASEMENTS, DATE OWNER El DATE OWNER NOTE ACCEPTANCE OF THIS PLAT DOES NOT GUARANTEE SEPTIC SYSTEM APPROVAL. ZONING 50184095 FOR PLANNING AREA. FRONT SIDE REAR 25 feet 10 9a1 20 Teel EXISTING PARCEL 196-00920-000: A PART OF LOT 45 OF GILCHRIST MEADOWS, A SUBDI V FRACTIONAL NORTHEAST QUARTER OF SECTION 2, TO' NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARK/ MORE PARTICULARLY DESCRIBED AS BEGINNING AT 1 CORNER OF SAID FRACTIONAL NORTHEAST QUARTER, SO0°30'00"W 522.72', THENCE S89°57'00"E 250.00', THENCE 522.72', THENCE N89°57'00"W 250.00' TO THE POINT OF BE CONTAINING 3.00 ACRES, MORE OR LESS AND SUBJECT RIGHT-OF-WAY OF MOUNT COMFORT ROAD, A 25' WIDE EASEMENT ALONG THE NORTH SIDE AND A 20' WIDE E. ALONG THE WEST SIDE THEREOF. EXISTING PARCEL 196-00920-001: A PART OF LOT 45 OF GILCHRIST MEADOWS, A SUBDIV FRACTIONAL NORI HEAS I QUARTER OF SECTION 2, TO NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARK: MORE PARTICULARLY DESCRIBED AS BEGINNING AT A THENCE 500°30'00"W TO THE NORTHWEST CORNER OF - FRACTIONAL NORTHEAST QUARTER, THENCE S00°30'0C THENCE S85°20'00"E 426.1 P. THENCE N00°30'00"E 903.48', N89°57'00"W 175.00', THENCE S00°30'00"W 522.72', THENC 250.00' TO THE POINT OF BEGINNING AND CONTAINING MORE OR LESS AND SUBJECT TO THE RIGHT -OF -WAV C COMFORT ROAD ON THE NORTH SIDE AND UTILITY EA THE NORTH (25 FOOT), EAST (15 FOOT) AND WEST (20 1, THEREOF. 1 HEREBY CERMY 1X15 TO BE TRUE AND CORREI TO THE BEST OF NY KNOWEDGE A1:0 BEEF 9N THIS THE____DAY OF 201 "64?'STATE OF'.• ARKANSAS N0. 1532 1 O :o_ / EY,D.0. ' J ` 5 '�IqG LAV ,,,,11,31,,0\ IF THE SIGNATURE ON ,NIS SER IS NOT AN ORIGINAL AND NOT BLUE IN C010R THEN 13 SHOULD BE ASSUMED THAT m15 PLAT HAVE BEEN ALTERED. 114E ABOVE CERT1FIBAn01 SHALL NOT APPLY TO ANY COPY 1HAT DOES 97 BEAR AN 09101960. SEAL AND 0GROURE STATE RECORDING NUMBER: 500-1 N-31 W-0-02-140-72-1532 Planning Commission (1Fiebnoury48 IOOTo SCA ADM 07-2500 LuttrIMPfNORUAP Ayer uJzzzz��L�----IIII ts,w 3- --- �' Pa e/7 of 10 :' :si" \ LSP05-1781 Close Up View LUTTRELL SUBJECT PROPERTY STA 40 Legend c9oog Overlay D'stct — FLODDWAY 500 !EAR — 100 YEAR LIMI - OF STUDY — — - Bas Line Profile O Fayetteville 1, • "1 outade city wes LSP15-1781 streets 0 100 200 400 600 800 Feet Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Mende Item 3 Page 8 of 10 • io- �� cc-- o,i ,0 �a4g Overview RS -4 R -A Legend Subject Property LSP05-1781 R -A Boundary Planning Area 0000p o o' Overlay District Hi Outside City _RSF-4 jI RSF-4 RSF-0- Legend 0 0.129.25 0.5 0.75 1 M ati .RT ilk, F=21;I_L RA R -,y R-0 Planning Commissior February 26, 200- 07-2500 Luttrell/McDonne Ayer da tern J Page 9 of 10 Planning Commission February 26, 2007 ADM 07-2500 Luttrell/McDonnell Agenda Item 3 Page 10 of 10 aye scask THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 26, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 21, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2501: Administrative Item: (Zaxby's): Submitted by BROCK DESIGN GROUP INC for property located at 6TH STREET, BETWEEN LEWIS AVENUE AND EASTERN STREET. The request is for an extension of the Zaxby's Large Scale Development (LSD 05-1736) approval. Property Owner: GREEN STREET CAPITAL Planner: ANDREW GARNER BACKGROUND Project Description: The subject property. contains 1.96 acres located at the northeast comer of State Highway 62 (6th Street) and Lewis Street, south of Venus Street and west of Eastern Avenue, and is split zoned C-2 and R -O. The approved Large Scale Development for this site consists of the construction of a 3,378 square foot (89 seat) Zaxby's restaurant with 38 parking spaces. Background: The original Large Scale Development for the project was approved on February 27, 2006. The construction of the project has been delayed due to factors such as weather, scheduling, approval delays, and funding delays. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on February 27, 2008. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. If the permits are not issued prior to February 27, 2008, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 07-2501, the requested extension to the LSD 05-1736, with the following conditions: 1. The applicant shall be allowed until February 27, 2008 to receive all required building permits. If all permits have not been received by this time, the Large Scale Development approval shall be revoked. K: IReports120071PC Reports102-26-071ADM 07-2501 (Zaxby's LSD Extension).doc Planning Commission February 26, 2007 ADM 07-2501 Zaxby's Agenda Item 4 Page 1 of 6 2. The proposed development shall comply with the recently adopted Landscaping Ordinance for the City of Fayetteville. 3. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend approval of a large scale development one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the extention prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request to the Planning Division on February 12, 2007, prior to the one year time limit ending on February 27, 2007. (2) The applicant has been working this past year to fulfill the conditions of approval for this project and proceed with construction. However, the project has been delayed due to weather, scheduling, approval and scheduling delays. An ordinance amendment adopting a landscaping ordinance has been adopted since the Planning Commission approval of this project on February 27, 2006. Appropriate conditions have been added to ensure compliance with this new ordinance requirement. The UDC allows a three year period from the date of issuance of a building permit to the receipt of a final Certificate of Occupancy. KlReparts120071PCReports102-26-071ADM 07-2501 (Zaxby's LSD Extension).doc Planning Commission February 26, 2007 ADM 07-2501 Zaxby's Agenda Item 4 Page 2 of 6 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (B) (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. One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. K: IReports120071PCReportsl02-26-071ADM 07-2501 (Zaxby's LSD Rxtension).doc (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 fmal 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. Planning Commission February 26, 2007 ADM 07-2501 Zaxby's Agenda Item 4 Page 3 of 6 702 OLD PEACHIREE ROAD SURE 100 SUWANEE . GEORGIA 30024 • Land Planning • Surveying • Civil Engineering B R O O K DESIGN GROUP • INC. • February 12, 2007 City of Fayetteville Planning Commission City Administration Building 113 West Mountain Street Fayetteville, AR 72701 To Whom It May Concern: The purpose of this letter is to request a one year permit extension for LSD 05-1736. More specifically, LSD 05-1736 is a 1.96 acre site located north of Highway 180 between Eastern Avenue and Lewis Avenue. The site is approved for the development of a Zaxby's Restaurant on the western 1.06 acres and a future development on the remaining acreage. The current permit includes pad grading, providing storm water management and underground utilities for the full development of the property. The intent of this project is to move forward to completion of development. In the past year there has been progress on the development of this site. The technical approval was obtained in August of 2006. After technical approval, the job was sent to Construction Companies for bidding and a Company was contracted. A Property Line Adjustment was completed and recorded with the City. The DOT plans were completed and are in the final stages of approval from the Arkansas State Highway and Transportation Department. The Zoning Certification has also been submitted to the City of Fayetteville. A Construction loan has not yet been approved, but is currently being processed. As evident from the steps taken to this point, there are definite strides in developing this property. Due to factors such as weather, scheduling, approval delays and funding delays, the project is not complete. Additional time will allow for the completion of this development. For all of these reasons and the certain intent to develop, a permit extension is requested. Please feel free to call me at 770-962-4125, ex. 238 with any questions. Thank you, 9,--teacj8-u_totten.,e_. Jereme Breedlove, EIT Project Engineer Brock Design Group, Inc. Agent for Green Street Capital Corporation 7 770 962 4 725 F 770 962 4126 Planning Commission February 26, 2007 ADM 07-2501 Zaxby's E mail@bdginc.,4genda Item 4 Page 4 of 6 LSD06-1736 Close Up View ZAXBY'S _:: RtJI•-24 NEPTUNE ST MITCHELL ST __MITCHELL ST 1 L. 1 1 SUBJECT PROPERTY wj VENUS ST 6TH 6TH ST_ 6TH ST 6TH ST .._..____. Off ICE DR Legend 00000 Overlay District — FLOODWAV ---- 500 YEAR — 100 YEAR --- LIMIT OF STUDY – – - Baseline Profile O Fayetteville _.J Outside City J! vectorGDB.Footprint2004 LS006-1736 Wash Co Parcels (Fayetteville) 0 75 150 300 450 600 Feet Planning Commission February 26, 2007 ADM 07-2501 Zaxby's Qpnrla Item d Page 5 of 6 LSD06-1736 One Mile View ZAXBY'S RSF.4 RMf-00 P-1 F4 MAPLE ST MAPLE ST RSF4 ( P4 PRIV RSF-0::. [S RSF-0 . RSF-4 RSFA ` I` MAPLE 51- jl" • RSF-0 : I( RMF40 R ' HALSELL RD HALSELL RD '-' FVANGELIN$ RSF-4 z. pMARKHAMRD R -A RS PRAtt .�.Oq RSF-0 RS, PRIVATE X113 1 --RSF-0 RRf-4 RMF. _I RSF-0 '_ RSF-0 RMF -.401r,'1 '-x 0� RMF-4O! i RMFd( 3 R -O R$P-4 RMF1 RNF24 RSF-4 _-..,. SUBJECT PROPERTY Rk1F-24 1 RMF 24 RMF -24 RM 24 G2 o -r G2u:. _.. RMF -}0 I 1 t A0 •.,,_ RMFO� LRMF-40I (fMF@4 - P1 V I RMF 24 ri LE@UY YDND DRi RMF-0Oi RMF -00 R Foo RtR01 i-0 7 SrONE .s7AMF fIMF 90 R PRIVATE 4 00. C-2 RMF 40 - 11 p-1 P1 RMF -40 I RMF -4Q R,4 d G2 C-2 C-2 R-0 OFFICE Di? STORAGE DR RMF -40 RMF -40 Cf 14 R -A $ E89S 1 u', 1-1 PRI4TE2IA Overview Legend Subject Property LSD06-1736 Boundary ~.o Planning Area p000q, Overlay District Outside City Legend 0 0.129.25 0.5 0.75 1M iles Planning Commissior February 26, 2007 ADM 07-2501 7axbv's Agenda Item 4 Page 6 of 6 1 aye ensle THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of February 26, 2007 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: February 21, 2007 ADM 07-2502: Administrative Item: (The Arbors at Springwoods): Submitted by 142 ENGINEERING, INC. for property located at LOT 2 OF SPRINGWOODS PZD. The request is for an extension of the Arbors at Springwoods Large Scale Development (LSD 06-1974) approval. Property Owner: EPCON COMMUNITIES OF NORTHWEST ARKANSAS Planner: ANDREW GARNER BACKGROUND Project Description: The project site contains approximately 25.24 acres located in west Fayetteville, north of Moore Lane and east of Deane Solomon Road. The approved Large Scale Development for this site consists of the construction of 122 multi -family dwelling units. Background: The original Large Scale Development for the project was approved on April 24, 2006. The construction of the project has been delayed due to a change in possession of the project and weather delays. Proposal: The applicant requests to extend the approval of the Large Scale Development for one year, to expire on April 24, 2008. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. If the permits are not issued prior to April 24, 2008, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 07-2502, the requested extension to the LSD 06-1974, with the following conditions: 1. The applicant shall be allowed until April 24, 2008 to receive all required building permits. If all permits have not been received by this time, the Large Scale Development approval shall be revoked. 2. The proposed development shall comply with the recently adopted Landscaping Ordinance K:IReports120071PCReports102-26-071ADM 07-2502 (Arbor's @ Springwoods LSD Extension).doc Planning Commission February 26, 2007 ADM 07-2502 The Arbors at Springwoods Agenda Item 5 Page 1 of 6 for the City of Fayetteville. 3. All other conditions of approval for the project shall remain applicable. DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend approval of a large scale development one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the extention prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request to the Planning Division on February 12, 2007, prior to the one year time limit ending on April 24, 2007. (2) The applicant has been working this past year to fulfill the conditions of approval for this project and proceed with construction. However, the project has been delayed due to a change in possession of the project and weather delays. An ordinance amendment adopting a landscaping ordinance has been adopted since the Planning Commission approval of this project on April 24, 2006. Appropriate conditions have been added to ensure compliance with this new ordinance requirement. The UDC allows a three year period from the date of issuance of a building permit to the receipt of a final Certificate of Occupancy. K.•IReports120071PCReports102-26-071ADM 07-2502 (Arbor's @ Springwoods LSD Ectension).doc Planning Commission February 26, 2007 ADM 07-2502 The Arbors at Springwoods Agenda Item 5 Page 2 of 6 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land permits; (7) Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, 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. (c) (d) (2) Extensions. Prior to the expiration of the one (I) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving 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 permitsshall be rendered null and void. K.:IReports120071PC Reports102-26-071ADM 07-2502 (Arbor's @ Springwoods LSD Ertension).doc Planning Commission February 26, 2007 ADM 07-2502 The Arbors at Springwoods Agenda Item 5 Page 3 of 6 EY development co R0. Box 180631 Fort Smith, AR 72918-0631 479-478-9029 February 9, 2007 Fayetteville Planning Commission C/O Fayetteville Planning Division 125 West Mountain Street Fayetteville, Arkansas 72701 Reference: Large Scale Development Approval LSD 06-1974 The Arbors at Springwoods Dear Madam Chairperson: Since the City of Fayetteville's approval of the Arbors at Springwoods in April, 2006, the original developer made the decision not to go forward with the project. We decided to purchase the project in July, 2006 and closed on the property in October, 2006. In July, we hired the original project engineers, H2 Engineering, of Fayetteville. They finished the detail engineering and the final review by the city engineering department is finished. Final approval by the Arkansas State Health Department of the sewer and water lines should occur the week of February 12. The grading pre -construction meeting was held December 27th and grading has been started as best possible with the weather issues of the past 30 days. Water and sewer work should begin before the end of February. While the project is now in full progress, the project is behind schedule by approximately seven months from when the project was originally approved. The approval was for one year to secure the permits. With the time to work through the details and secure approvals, we were unable to draw the permits within the one year time period. Therefore, we are requesting a one year extension for the permits to build the units. Sincerely, Don Marley President Planning Commission February 26, 2007. ADM 07-2502. The Arbors at Springwoods Agenda Item 5 Page 4 of 6