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HomeMy WebLinkAbout2007-03-26 - Agendas - Final (2)113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, March 12, 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 Alan Ostner Christine Myres Sean Trumbo TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, March 26, 2007, 5:30 p.m. Room 219, City Administration Building 2007-2008 Planning Commission Officers Election The following items will be considered: Consent: 1. Approval of the January 22 and February 12, 2007 Planning Commission meeting minutes. 2. PPL 07-2506: Preliminary Plat (MINER ACRES, 318): Submitted by RANDY L. RITCHEY for property located at 2493 DOUBLE SPRINGS ROAD, N OF WEDINGTON DRIVE. The property is in the Planning Area and contains approximately 24.46 acres. The request is for approval of a 7 lot subdivision (a renewal of the Preliminary Plat, PPL 05-1641 approved January 2006). Planner: Suzanne Morgan 3. ADM 07- 2548: Administrative Item (CREEL, 561): Submitted by JENNIFER CREEL for property located at 1136 S. DUNCAN AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE. The request is to amend the Conditions of Approval associated with the approved Conditional Use Permit, CUP 06-1990, regarding the driveway materials. Planner: Suzanne Morgan Unfinished Business: 4. 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 1,258 residential dwelling units, 120,888 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 Garner New Business: 5. CPL 07-2544: Concept Plat (WINDSOR S/D, 513): Submitted by JORGENSEN & ASSOCIATES for property located EAST OF DOUBLE SPRINGS, SOUTH OF WEDINGTON AND NORTH OF SELLERS ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 34.44 acres. The request is to review a Conceptual Plat for a proposed modification to the existing Windsor residential subdivision for 67 lots, including 34 lots rezoned to RSF-4, Residential Single Family, 4 units per acre, and the remainder of the lots remaining RSF-2. Planner: Andrew Gamer 6. CUP 07-2499: Conditional Use Permit (ALLIED STORAGE, 601): Submitted by STEVE CLARK for property located at 85 W. 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 14.98 acres. The request is for mini -storage buildings (Use Unit 38) in the I-1 Zoning District. Planner: Suzanne Morgan 7. LSD 07-2480: Large Scale Development (ALLIED STORAGE, 601): Submitted by CLARK CONSULTING for property located at 85 W. 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 14.98 acres. The request is for a two phase addition to the existing facility to add three storage buildings, a total addition of 25,425 square feet. Planner: Suzanne Morgan 8. CUP 07-2508: Conditional Use Permit (CLARK, 445): Submitted by BEN CLARK for property located at 525 N. VANDEVENTER AVENUE. The property is zoned RMF -40, MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.19 acres. The request is for a professional office (Use Unit 25) in the RMF -40 Zoning District. Planner: Jesse Fulcher 9. CUP 07-2505: Conditional Use Permit (HIGHBARGIN, 367): Submitted by DALE TAFOYA for property located at 108 W. ELM STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.35 acres. The request is for a detached shop building. Planner: Jesse Fulcher 10. ANX 07-2507: Annexation (SPENCER, 533/572/573): Submitted by DAN & ANITA SPENCER for property located at 835 S. LEWIS WOODS LN, WEST OF LAKE SEQUOYAH. The property is in the Planning Area and contains approximately 13.22 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Andrew Gamer 11. RZN 07-2503: Rezoning (MOLER, 136): Submitted by BPB, LLC for property located at 1400 & 1606 ZION ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 4.24 acres. The request is to rezone the subject property to R -O, RESIDENTIAL OFFICE. Planner: Andrew Gamer 12. RZN 07-2504: Rezoning (SLOAN/COBBLESTONE SUBDIVISION, 246): Submitted by DAVE JORGENSEN for property located SOUTH OF SALEM ROAD AND WEST OF DEANE SOLOMON ROAD in the interior of the COBBLESTONE SUBDIVISION. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 17.22 acres. The request is to rezone the subject property to RSF-8, Residential Single Family, 8 units per acre. Planner: Andrew Garner 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 infomtation or to request an interpreter, please call 575-8330. ay \Ae A11KN 5A5 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 20, 2007 PC Meeting of March 26, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PPL 07-2506: Preliminary Plat (MINER ACRES, 318): Submitted by RANDY L. RITCHEY for property located at 2493 DOUBLE SPRINGS ROAD, N OF WEDINGTON DRIVE. The property is in the Planning Area and contains approximately 24.46 acres. The request is for approval of a 7 lot subdivision (a renewal of the Preliminary Plat, PPL 05-1641 approved January 2006). Planner: Suzanne Morgan Findings: Property & Proposal: The subject property is located within the city's Planning Area on Double Springs Road, north of Wedington Drive. The property is located south of the approved preliminary plat for Phase II of Twin Springs Estates. The applicant requests: approval of a 7 lot subdivision on approximately 24.5 acres with one large 20.5 acre lot and 6 smaller lots, each approximately two-thirds of an acre, fronting onto Double Springs Road. On January 23, 2006, the Planning Commission approved a Preliminary Plat. (PPL 05-1641) for this same 7 -lot subdivision. Preliminary plat approval is valid for one year, during which the applicant is required to receive all permits and approvals to begin construction. The applicant was not able to obtain the necessary approvals and did not ask for an extension prior to the one- year deadline. Therefore, the same preliminary plat proposal is being submitted to the Planning Commission for review and approval. Washington County Planning approval was granted on May 4, 2006 and is valid for one year from this date. Related Issues: Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations required within the City. When property within the Planning Area and within one mile of the City limits develops, the City can regulate the following requirements: • Appropriate division of land • Lot area - minimum 10,000 square feet • Lot width — minimum 75 feet • Right-of-way dedication in conformance with the Master Street Plan. K: IReports120071PC Reports103-26-071PPL 07-2506 (Miner Acresfdoc 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 1 of 16 • Impact of traffic - On- and off-site improvements to reduce a dangerous traffic condition • Septic System approval from the Arkansas Health Department for lots less than 1.5 acres. • Street connectivity • City street standards • Drainage Surrounding Land Use and Zoning: All surrounding properties are within the Planning Area or County and consist of large single family properties to the south, and east, and undeveloped open space to the west. Property to the north is has been approved for subdivision. Water and Septic System: Water is required to be available to each lot. The applicant shall either install an 8" water line west of Double Springs Road or bore under the street three times to serve each lot. Lot 7 is currently on a well and not required to be served by city water at this time, based on information provided by the Engineering Division. City water lines will be extended to Lot 7 with the development of Twin Springs Subdivision. The applicant proposes six lots of approximately 0.6 acres in size to utilize an individual septic system. The applicant has submitted a letter from a soil scientist with loading rates for each lot less than 1.5 acres, a letter from the Washington County Public Health Center verifying approval of the soils test locations and suitable soils for proposed septic systems as a preliminary approval with conditions, and permits for septic systems on each lot. Adjacent Master Street Plan Streets: Double Springs Road to the east — an unclassified street. Right-of-way to be dedicated: The applicant proposes dedication of right-of-way for a total of 30' from centerline of Double Springs Road, in compliance with county requirements. Connectivity: The applicant does not propose construction of any streets within this property. Should the final plat for Phase II of Twin Springs Subdivision be recorded and right-of-way platted as approved by the Planning Commission, there will be a street stub -out to the 20.5 -acre lot as shown on the plat. Each proposed lot will access Double Springs Road. In order to reduce the number of curb cuts on this street, the applicant has utilized shared driveways. The plat represents two shared driveways for the interior lots; Lots 1 and 6 will not share a driveway. There, is an existing driveway at the southeast comer of Lot 1 which the applicant desired to utilize. Staff is in support of the proposed driveway configuration recognizing that there was an existing curb cut on Double Springs Road so only three additional curb cuts will be established, which is more preferable than six individual driveways accessing the adjacent street. Lot Width: In 2004, the owner of the property sold 4 acres of the overall 24.5 -acre property without first receiving lot split approval granted through the city or county. Therefore, the preliminary plat has included the 20.5 -acre parcel as Lot 7 to legally create this property. As proposed, it does not have the required 75' of lot width and frontage on an improved public street as required in Chapter 166.08 F.1 of the Unified Development Code. When this preliminary plat was reviewed in 2006, the Planning Commission recommended approval of a waiver of the lot width requirements, provided that a 25' access easement and adequate access was constructed to Lot 7 within said easement. The Planning Commission recognized that the property directly '3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page of 16 K:IReports120071PC Reports103-26-071PPL 07-2506 (Miner Acres).doc north of Lot 7 was under construction. At the Subdivision Committee meeting for the previous project, the applicant stated that there was a deed granting permanent access from Double Springs to the proposed Lot 7 through the property to the north. Attached to the staff report is the information on record at the County regarding the aforementioned access. Recommendation: Staff recommends approval of PPL 07-2506 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a waiver of Chapter 166.08 F.1 of the Unified Development Code to allow a lot width of less than 75' for Lot 7. Staff recommends approval of the necessary waiver finding that dedication of a 25' access easement and construction of adequate access to the property within this easement will ensure adequate access to this lot. Subdivision Committee recommends in favor of the waiver request. 2. Planning Commission determination of the location and number of curb cuts on Double Springs Road. The plat shows four driveways with lots 2 & 3 and lots 4 & 5 sharing driveways. All shared driveways shall be constructed prior to final plat approval. Staff recommends in favor of the proposed four driveways finding that utilizing two shared driveways will negate a potentially dangerous traffic situation. Subdivision Committee recommends in favor of the location and number of curb cuts. 3. Double Springs Road shall be improved to include 14' pavement/street from centerline, curb and gutter, storm drain and a 6' sidewalk at the right-of-way in accordance with the Master Street Plan, and installation of street lights at one per 300'. 4. Right-of-way dedication in the amount of 30 feet from centerline of Double Springs Road, as an unclassified street on the Master Street Plan. 5. Water shall be made available to each created lot as approved by the City Engineering Division. Modify the plat to add 2 points described in State Plane Coordinates and verify that the Point of Commencement is correct (it is likely that "Northwest Quarter" should be modified to Southwest Quarter). Standard Conditions of Approval: 7. 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) 8. 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 K: IReports120071PC Reports103-26-071PPL 07-2506 (Miner Acres).doc 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 3 of 16 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. 9. All new utilities shall be located underground. All existing utilities below 12kv shall be relocated underground. 10. All street names and addresses shall be approved by the 911 coordinator. 11. Preliminary Plat approval shall be valid for one calendar year. 12. Additional conditions: Planning Commission Action: O Approved Meeting Date: March 26 2007 Motion: Second: Vote: Comments: O Denied O Table 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: IReports120071PC Reports103-26-07IPPL 07-2506 (Miner Acres).doc 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 4 of 16 ttt S- DFAST, Accuron - -'^-' ���ts�..�� flapdyr ltalic6la, CWa. Structural and Land 0evelappmart Services 12081 CanaapaInt Church Prairie Grave. AR 72753 (479) 84-6-0295 rritcheyektc.ccrn City of Fayetteville Planning Office Fayetteville, AR 72701 RE: Preliminary Plat renewal for Miner Acres Subdivision 3/6/07 Greetings, The previously approved Preliminary Plat for Miner Acres Subdivision expired in January of 2007. We are now applying for a renewal of the plat with no changes in the configuration of the lots. After the initial plat approval in January of 2006, some of the work was completed but the subdivision was not finished. The developer wanted to wait until the residential housing market might regain some strength before completing the project. Now that the developer has decided to go ahead and continue, we found the plat had expired so we are applying for a renewal. As stated above, there are no changes on the lot configuration compared to the previously approved plat. The water service lines were installed as well as part of the storm sewer system, and the developer wishes to go ahead and complete the work immediately upon the approval of the renewal. The subdivision consists of 24.4 acres which are currently covered in trees. No trees are to be removed as part of this development since all of the related improvements are confined to the Double Springs Road right-of-way area, which is already cleared of trees. The 6 front lots are all approximately 0.60 acres in size and have 25' front setbacks/utility easements and 20' rear setbacks/utility easements, and 10' side setbacks. No tree preservation plan or grading plan are being submitted due to the nature of the project and because it is located in the county (Fayetteville Planning Area). Included with this submittal are copies of the individual septic permits for the lots. Thank you for the opportunity to be of service. If you have any questions about this proposal, please feel free to call me at 479-841-7142. Have a blessed day! Randy Ritchey 3/26/2007 Planning Commission. "And the rain descended, and the floods came, and the winds blew and beat upon that house; andel e 1Cfi'd' lQ 2 founded on a Rock." Matthew 7:24 Page 5 of 16 Real Estate Parcel Information Record 2 of 2 Last Updated 03/07/07 Parcel Number: 001-11445-001 Prev. Parcel Number: 001-11445-000 Type: RV Location: Owner Name: OGRE LLC Mailing Address: PO Box 886 Gentry AR 72734-0886 Lot: Block: Addition: 03-16-31 School District: FARMINGTON SCH, RURAL City: RURAL Legal: PT NE NE 4.00 A Current Year A79 Credit Status: V Last Appraised: 2005 Appraised Value Land 39,500 Improvement 0 Total 39,500 S -T -R: 03-16-31 Tax District: 060 Taxable Value 7,900 0 7,900 Tax History Taxable Ad Imp. Timber Voluntary Year Value Valorem Dist. Tax Tax Tax Tax 2005 7,900 $372.09 $0.00 $0.00 $0.00 A79 A79 Credit Status Net Total Payment Total Tax Status Tax Paid V $372.09 $372.09 PAID Available Tax Payment Receipt(s) Receipt Payment Ad Year Date Valorem Tax 2005 4593 3/28/2006 $372.09 Imp' Timber Voluntary Penalty Dist. Tax Tax Tax Payment Tax $0.00 $0.00 $0.00 $0.00 $372.09 Date Book Page 9/6/2005 2005 39644 OGRE LLC NLB 2005-39644 WD $264 REV (80M) 6/8/2005 2005 24798 MINER, BARNEY SLC FOR 2005: 4.00 A FROM #000 GLENDA MINER SLC 2005-24798 QC NO REV Deed History Granteel Grantee2 Deed Sale Type Amount WD 80,000 QC 0 Revenue Amount 264.00 Page 1 of 1 Next Item I Previous Item I Prev. Ledger Card I Parcel Map I Return to Search Results I Modify Search I New Search 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 6 of 16 http://www.co.washington.ar.us/PropertySearch/RParcelInfo.asp?ST=N&HN=2&LU=0307... 3/8/2007 Real Estate Parcel Information Record 1 of 2 Last Updated 03/07/07 Parcel Number. 001-11445-000 Prev. Parcel Number 113703-000-00 Type: Al Location: 2493 N DOUBLE SPRINGS RD Owner Name: MINER, GLENDA Mailing Address: 2493 N DOUBLE SPRINGS RD FAYETTEVILLE AR 72704 Lot: Block: S -T -R: 03-16-31 Addition: 03-16-31 School District: FARMINGTON SCH, R City: RURAL Legal: PT FRL NE 21.00 A Current Year A79 Credit Status: 0 Last Appraised: 2005 Land Improvement Total URAL Tax District: 060 Appraised Value 19,150 104,000 123,150 Taxable Value 3,830 20,800 24,630 Tax History Year Taxable Valorem Dist. Timber Voluntary A79 A79 Value Tax Tax Tax Tax Credit Status 2005 23,648 $1,113.82 $0.00 $3.00 2004 22,549 $1,072.43 $0.00 $3.60 2003 21,450 $1,040.54 $0.00 $3.60 2002 20,954 $911.71 $0.00 $3.60 2001 20,002 $870.29 $0.00 $3.60 2000 19,050 $424.85 $0.00 $3.60 1999 19,050 $734.38 $0.00 $3.60 1998 19,050 $736.28 $0.00 $3.60 1997 19,050 $641.99 $0.00 $3.60 Net Total Payment Total Tax Status Tax Paid $0.00 $300 0 $820.69 $820.69 $0.00 $300 0 $776.03 $776.03 $0.00 $300 0 $744.14$744.14 $0.00 $300 0 $615.31 $615.31 $0.00 $300 0 $573.89 $573.89 $0.00 0 $471.30 $471.30 $0.00 $737.98 $737.98 $0.00 $739.88 $739.88 $0.00 $645.59 $645.59 PAID PAID PAID PAID PAID 'PAID PAID PAID PAID Available Tax Payment Receipt(s) Year Receipt Payment Date 2005 10703 11/8/2006 2005 121760 10/11/2006 2004 65670 9/7/2005 2003 81603 10/1/2004 2002 94569 10/6/2003 2001 71104 10/1/2002 2000 15598 11/6/2001 1999 16012 10/12/2000 1998 4459 10/5/1999 Ad Valorem Tax $35.80 $778.02 $772.43 $740.54 $611.71 $570.29 $424.85 $734.38 $736.28 Imp. Dist. Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Timber Voluntary Tax Tax $0.00 $3.00 $3.60 $3.60 $3.60 $3.60 $3.60 $3.60 $3.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Penalty Payment Tax y $3.87 $39.67. $0.00 $781.02 $0.00 $776.03 $0.00 $744.14 $0.00 $615.31 $0.00 $573.89 $0.00 $471.30 $0.00 $737.98 $0.00 $739.88 Deed History Date Book Page Grantee/ Grantee2 6/9/2004 2004 23326 MINER BOB & QC 0 GLENDA Deed Type Sale Revenue Amount Amount Page 1 of 2 SLC FOR 2005: 4.00 A TO #001 BARNEY MINER **THIS DEED STAT16aining Commis ion PPL 07-2506 Miner Acres Agenda Item 2 Page 7 of 16 http://www.co.washington.ar.us/PropertySearchaParcelInfo.asp?ST=N&HN=1 &LU=0307... 3/8/2007 Real Estate Parcel Information Page 2 of 2 GLENDA ISA WIDOW LMB 2004-23326 QC NO REV FROM RAYMOND & IONE TRAPP (A 0.75A STRIP OFF THE NORTH) 1/1/1985 888 737 MINER, BOB & WD 0 0.00 GLENDA NO REV ST 4-27-87 NEW DWG APP BY DW (60%-1987 100% 1988) Structure Occupancy Construction First Floor Total Year Basement Number Type Type Living Area Living Area Constructed Area 1 SF FS 1962 1962 1988 Grade Condition Exterior Wall Fireplace Year Effective Remodeled Age 4 A STANDARD 16 t-26 ®, WD 26 Sketch: 64 MN (1962) j. 11 0 17 011 28 2 CP 2 1 [588) 1 0 31 Out Buildings and Yard Improvements Qty Description Size Quality 1 Driveway, concrete 20x20 Next Item I Previous Item I Ledger Card I Prev. Ledger Card I Parcel Map I Return to Search Results I Modify Search I New Search 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 8 of 16 http://www.co.washington.ar.us/PropertySearch/RPareellnfo.asp?ST=N&HN=1 &LIJ=0307... 3/8/2007 e 1 of 2) l®. 1• FILED FOR RECORD 'Q0 SEP 18 PPI y elf WARRANTY DEED WASHINGTON CO AR SINGLE PERSON K. HARNESS KNOW ALL MEN BY THESE PRESENTS: That I, Betty Daniel, a single person, hereinafter called Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to me in hand paid by Michael G. Franks and Kathryn L. Franks, husband and wife, hereinafter called Grantees, do hereby grant, bargain and sell unto the said Grantees and Grantees' heirs and assigns, the following described land, situate in Washington County, State of Arkansas, to -wit: A part of the Southeast ()natter (SE 1/4) of Section Thirty-five (35), Township Seventeen (17) North, Range Thirty-one (31) West, being more particularly described as follows: Commencing at the Northwest comer of said 160 acre tract, said point being an existing iron; thence South 01 degree 01 minute 33 seconds East along the West line of said 160 acre tract 1841.94 feet to a set iron for the true point of beginning; thence continuing along the West line of said 160 acre tract South 01 degree 01 minute 33 seconds East 35333 feet to a set iron; thence leaving the West line of said 160 acre tract North 88 degrees 28 minutes 27 seconds East 1542.93 feet to a point in the eta centerline of County Road #881, from which a reference iron on the West right-of-way of said County Road. bears South 88 degrees 28 minutes 27 seconds West 30.00 feet, thence along said centerline the following bearings and distances: North 02 degrees 22 minutes 37 seconds West 84.04 feet; North 04 degrees 28 minutes 31 seconds West 64.79 feet North 06 degrees 52 minutes 29 seconds West 56.72 feet; North 09 degrees 06 minutes 33 seconds West 9213 feet; North 11 degrees 38 minutes 32 seconds West 57.68 feet to a point from which a reference iron on the West right-of-way of County Road #881 bears South 88 degrees 28 minutes 27 seconds West 30.47 feet thence leaving the centerline of said County Road South 88 degrees 28 minutes 27 seconds West 1507.69 feet to the point ofbeginning, containing 12:42 acres, more or less. Subject to and having rights of ingress and egress over and across an access easement which is Thirty (30) feet in width, the centerline of which is described as follows: A part of the Southeast Quarter (SE 1/4) of Section Thirty-five (35), Township Seventeen (17) North, Range Thirty-one (31) West, being more particularly described as follows: Commencing at the Northwest comer of said 160 acre tract, said point being an existing iron; thence South 01 degree 01 minute 33 seconds East along the West line of said 160 acre tract 1841.94 feet to a set iron; thence leaving the West line of said 160 acre tract North 88 degrees 28 minutes 27 seconds East 1003.12 feet to the true point of beginning, said point being in the centerline of an existing gravel drive; thence along the centerline of said gravel drive and thirty (30) foot arress easement the following bearings and distances: South 67 degrees 39 minutes 30 seconds West 148.96 feet; South 64 degrees 35 minutes 52 seconds West 130.11 feet; South 66 degrees 36 minutes 33 seconds West 72.81 feet; South 73 degrees 07 minutes 45 seconds West 46.78 feet; South 78 degrees 28 minutes 00 seconds West 49.72 feet; South 83 degrees 30 minutes 54 seconds West 40.25 feet South 87 degrees 14 minutes 50 seconds West 122.90 feet South 85 degrees 25 minutes 27 seconds West 171.81 feet South 72 degrees 48 minutes 44 seconds West 17.28 feet South 43 degrees 47 minutes 17 seconds West 17.58 feet, South 12 degrees 25 minutes 21 seconds West 29.64 feet South 05 degrees 26 minutes 22 seconds Fact 138.86 feet to the end of said easement centerline, said point being on the South line of the above described 12.42 acre tract. Grantor places the following restrictions on the aforesaid property: 1) No mobile homes. 2) No commercial livestock, poultry or swine operations. 2000078379 /t/ ?,;(;,,Ar De__ 3/26/200 7 Planning Commission „7a Dom(• PPL 07-2506 Miner Acres �- Agenda Item 2 flgreR7ar cida2. b 7$73'0 Page 9 of 16 e 2 of 2) TO HAVE AND TO HOLD the said lands and appurtenances there unto belonging unto the said Grantees and Grantees' heirs and assigns, forever. And I, the said Grantor, hereby covenant that I am Lawfully seized of said land and premises, that the same is unencumbered, and that I will forever w rrant and defend the title of said lands against all legal claims whatsoever. WITNESS my hand and seat thiyj day of August 2000. 06 .132- 132- (seal) ANIEL - ACKNOWLEDGMENT STATE OF ARKANSAS } }ss. COUNTY OF WASHINGTON}NG On this the % of August 2000, before me, a notary public, personally appeared Betty Daniel, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged that she had executed the same for the purposes therein set forth. In witness whereof I hereunto set my hand and official seal My commission expires: Otfioai seat SHARON DMA NotarfthON 0-062 .My commis arms' 5 Notary Pu1:414LAC Wtan APPROVED FOR RECORDATION FAYETTEVILLE PLANNING ADMINISTRATION EYSn.- 5.0.1. Date _A 2000078380 3/26/2007 Planning Commission. PPL 07-2506 Miner Acres Agenda Item 2 Page 10 of 16 (Page 1.nf 2) WACO Title Company WARRANTY DEED UNMARRIED FILE 11 0400447Was KNOW ALL MEN BY THESE PRESENTS: Ioll j110:11111111 Tyne: EL Recorded: 00/11/2 at 03:144E03 Rt Fa* Am: $11.00 Peas 1 of 2 RaeMnoton County. AR Ritts Stamps Circuit Clark F11e2004-00023059 That, Betty Daniel, an unmarried person, hereinafter called Grantor for and in consideration of the sum of— f-^ ONE AND 00/100— DOLLARS—($1.00)—and other good and valuable consideration in hand paid by Gabby Hills cj) Enterprises, Inc., the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Gabby Hills Enterprises, Inc., hereinafter called Grantee(s) and unto its successors and assigns forever, the following 0 0 t. a 3 lands lying in Washington Comity, Arkansas to -wit A part of the South Half (S-1/2) of the Southeast Quarter (SE -1/4) of Section Thirty-five (35), Township Seventeen (17) North, Range Thirty-one (31) West, being more particularly described as follows: Commencing at an existing Iron at the Northwest corner of the Northwest Quarter (NW - 1/4) of the Southeast Quarter (SE -1/4) of said Section Thirty -hive (35), thence South 01°51'52" West 2195.27 feet along the West line of the Southeast Quarter (SE -1/4) of said Section Thirty -Five (35) to au existing iron, also being the Point of Beginning; thence South 88°38'07" East 1542.93 feet to the center of Double Springs Road (County Road (1881); thence along the centerline of said road the following bearings and distances of: South 00°30'49" West 29.27 feet; South 01°16113" West 193.86 feet, S02°23'10" West 85.85 feet; South 03°57'15" West 36.03 feet thence leaving the centerline of said road North 89°01'07" West 1543.66 feet, thence -North 01°51'52" East 355.30 feet to the Point of Begumtng, containing 1242 acres, more or less. Subject to easements, rights-of-way, and protective covenants of record, if any. TBE FOLLOWING RESTRICTIONS SHALL ATTACH TO AND RUN WITH THE ABOVE DESCRIBED REAL ESTATE, TO -WIT: There shall be no mobile homes or manufactured homes placed on the above described real estate. To have and to hold the same unto the said Grantee(s) and unto its successors and assigns forever, with all appurtenances thereunto belonging. And I hereby covenant with said Grantee(s) that I will forever warrant and defend the title to the said lands (3 against all claims whatsoever.- —'� WITNESS my hand and seal on this i day of t01Are. 3 1 hereby mtiry under penalty of false spearing that at kat 11$ coarct moat ofdoumuumry Bangs lave beet placed m triustannt. GRANMHBORAOPNT: l.We�(�, Y ORAN1885 ADDRPSS: 20 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 11 of 16 Page 2 of 2) ACKNOWLEDGMENT STATE QF AR'r'ANSAS ) SS. COUNTY OF ' — ) BE IT REMEMBERED, that on this day came before me, the mderaigned, a notary public within and for the County aforesaid duly commissioned and acting, Betty Daniel, an unmarried person, to me well known as (or satisfactorily proven to be) the grantor(s) in the foregoing Deed, and acknowledged that she had executed the same for the consideration and purposes therein mentioned and set forth. 11Y TESTIMONY W;I tEOF, I have hereunto set my hand and official seal this914 - day of ,2�• My commission expires: Notary Public Prepared under the supervision of Walter P. Mayo, Attorney WAWTide Company "NOTARY SEAL" Christal Subbert Notary Public State otArkansas, Renton County My Comm. E.xp!•aa Aug. 10, 2010 A•:_,:,..a aaww, Wacoftte Company 212 W. Eaana Avenue Spcmgdale, AR 72764 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 12 of 16 01/18/2886 11:58 4797566452 JUn uu utl:Dila ter' ';et." LANDTEQ-I ENGINEERING PAGE 01 i„sae«.• a..b, �..� - Access and Water Meter Agreement Developer Gabby Hills Enterprises Inc., shall grant an easement from the proposed paved County Road in thc adjoining property to the South for access. The access shall be paved to a width of 10-12 fect width as determined by the adjoining property owner. - The dedication of easement will be shown on the Plat Approved by Washington County at the time of submittal for Plat Appcovai to Washington County. The developer will also provide a water meter off the proposed waterline of Twin Springs Subdivision to provide water to the adjoining property. The developer will maintain access to thc adjoining property during construction of Twin Sprig Subdivision In return the adjoining property owner will release the existing access easement across the property owned by Gabby Hills Enterprises inc., after the County Road and access to the adjoining property is In place. Glenda Miner Date Adjoining Owner Donald W. Millis President Date Cabby Hills Enterprises lnc. 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 - Page 13 of 16 PPL07-2506 Close Up View MINER ACRES Overview raL oM 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 14 of 16 Overview Legend Subject Property PPL07-2506 Boundary 0%0 Planning Area 5000:6 Overlay District 00 1 Outside City 0 0.25 0.5 Legend Hillside -Hilltop Overlay District 3/26/2007 1 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 iles Page 15of16 3/26/2007 Planning Commission PPL 07-2506 Miner Acres Agenda Item 2 Page 16 of 16 ayeLUVile ARKANSAS 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: March 21, 2007 PC Meeting of March 26, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07- 2548: Administrative Item (CREEL, 561): Submitted by JENNIFER CREEL for property located at 1136 S. DUNCAN AVENUE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. The request is to amend the Conditions of Approval associated with the approved Conditional Use Permit, CUP 06-1990, regarding the driveway materials. Planner: Suzanne Morgan BACKGROUND The subject property, located at 1136 Duncan Avenue, contains approximately 0.31 acres and is zoned RMF -24. In June 2005, the city issued a building permit to construct a 1200 square foot single-family horn with deck and accessory structure. On March 27, 2006, the Planning Commission approved a Conditional Use Permit to allow the establishment of a medical office practice for a homebirth midwifery service, Use Unit 25, within the existing structure. The Conditional Use Permit was subject to several conditions of approval which were to be met within six months of the Planning Commission approval. At this time, condition of approval #2, which addresses the construction of the driveway, remains unresolved due in part to confusion between the applicant and staff regarding the specific construction requirements. Staff's original recommendation to the Planning Commission would have required the installation of a Portland cement driveway approach a minimum of 12 feet from the right-of-way into the property. The Planning Commission amended this condition to require pavement to the right-of-way line only, allowing the utilization of grass pavers, etc. beyond. The right-of-way for Duncan Avenue is located 9 feet beyond the back of the sidewalk adjacent to this property. Therefore, based on the condition of approval, the driveway should be a solid surface (Portland cement/asphalt) 9 feet from the back of the sidewalk. As shown in the attached photographs, the driveway, though mostly consisting of a solid cement surface, includes a decorative pattern. The spaces between the cement that make this pattern were originally filled with gravel. This unpaved portion has since been filled with flagstone pavers with loose gravel between the flagstone pavers. Therefore, the driveway does not meet the condition of approval which requires a solid surface within the right-of-way. K:IReports120071PC Reports103-26-071ADM 07-2548 (Creell.doc 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 1 of 12 Request: The applicant requests that the Planning Commission modify condition of approval #2 of CUP 06-1990 to allow the driveway to remain as currently constructed. DISCUSSION The applicant has attempted to construct a driveway that is attractive and functional. All attempts to satisfy the requirement placed on Conditional Use Permit 06-1990 have been made by the applicant. Though staff has met with theapplicant several times to discuss the requirement for the driveway, there were several misunderstandings between members of staff and between the applicant and staff. The existing driveway, though not a solid surface (concrete or other), does not pose any danger to public/pedestrian safety. Furthermore, staff does not find that there will be significant runoff of the loose gravel located within the right-of-way during storm -water events. RECOMMENDATION Staff recommends the modification of condition #2 of CUP 06-1990 to allow the driveway on 1136 S. Duncan Avenue to remain as constructed, finding that it does not pose any danger to public safety. Should the Planning Commission find in favor of staffs recommendation, the following condition of approval is recommended: If at any time the city should find it necessary to perform work within Duncan Avenue right-of- way or the adjacent 25' utility easement adjacent to the right-of-way and the existing driveway is removed, the city is not responsible for the reconstruction of the driveway as it currently exists, including the decorative pattern, flagstone pavers, etc. Planning Commission Action: Motion: Second: Vote: Meeting Date: March 26 2007 Comments: O Approved O Tabled 0 Denied K:1Reports120071PC Repo,al03-26-071ADM 07-2548 (CreelJ.doc 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 2 of 12 Weacyjtje 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: March 22, 2006 Updated March 28, 2006 PC Meeting of March 27, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 06-1990: (CREEL, 561): Submitted by JENNIFER NICOLE CREEL for property located at 1136 S. DUNCAN AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.31 acres. The request is for Professional Office, specifically a doctor's office for midwifery services, (Use Unit 25) in an RMF -24 Zoning District. Planner: SUZANNE MORGAN RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. Planning Commission determination that proposed Professional Office use, Use Unit 25, for midwifery — prenatal services is appropriate within the RMF -24 zoning district and compatible with the surrounding residential uses. Staff is in agreement with this determination, finding that the proposed medical office for midwifery - prenatal services is compatible with the surrounding residential neighborhood Planning Commission revised condition to require pavement to the ROW line with grass pavers, etc. beyond. 3. No more than four parking spaces for the proposed use shall be provided in the front yard of the property, with two spaces in the driveway and two spaces to the side of the drive. No parking shall be permitted within the right-of-way. 4. Staff recommends the installation of a dense landscape buffer adjacent to the right- of-way, on either side of the existing chain link fence, with evergreen vegetation and tall ornamental grasses. 5. All required improvements shall be installed and approved prior to the issuance of a Certificate of Zoning Compliance for this change of use. K:IReports120061PC Reports103-27-061CUP 06-1990 (Creel).doc 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 3 of 12 6. All improvements shall be complete within 6 months from the date of Planning Commission approval. 7. The applicant shall arrange for appropriate trash disposal with the Solid Waste and Recycling Division. Any trash and/or recycling receptacles shall be stored in a screened enclosure or inside the building except on days when trash pick up is scheduled. 8. Signage shall comply with the requirements for a freestanding sign and wall sign within a Residential Multi -family zoning district. Staff recommends that no illumination be allowed for any sign erected on the property or structure. 9. All lighting installed on this property shall comply with the Outdoor Lighting Ordinance with particular care that all lights are directed downward and away from adjacent residential properties. Planning Commission required that no pole lighting be allowed. PLANNING COMMISSION ACTION: Required YES ✓ Approved 0 Denied Date: March 27, 2006 Vote: 8-0-0 The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: BACKGROUND: Property description: The approximately 0.31 acres of property is located at 1136 Duncan Avenue, south of 6th Street. The property was created by recordation of an approved lot split in June of 2005. A building permit was issued in June 2005 to construct a 1200 square foot single- family home with deck and accessory structure. The final inspection was completed in February of 2006, after which time the applicant requested a conditional use permit to establish a medical office practice for a homebirth midwifery service, Use Unit 25, within the RMF -24 .zoning district. Proposal.: The applicant requests to utilize the 1200 square foot structure, which contains two exam rooms, for homebirth midwifery services. A maximum of three midwifes will work at this facility, each working on a different day. It is anticipated that the rate of appointments will be one family per hour, with the hours of operation beginning at 9 AM and extending to 5 PM Monday through Thursday. A childbirth class will be held one night per week with a maximum attendance of four couples. A minimum four parking spaces are allowed for the proposed use and can be accommodated on the property with two spaces in front of the building and two spaces within the driveway. No births will take place within the building, and per the applicant no outdoor lighting or signage is necessary. K: IReports120061PC Reports103-27-061CUP 06-1990 (Creel).doc 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 4 of 12 Jennifer Creel 1116 South Duncan Ave. Fayetteville, AR. 72701 (479) 236-7528 Dear Sirs and Madams of the City Planning Commission and City Planning Staff.; I'm writing in regards to my Conditional Use Permit for a midwifery office at 1136 South Duncan Ave. On March 27, 2006 the Planning Commission voted unanimously to approve the professional office in a residential neighborhood. The permit was subject to conditions [see attachment CUP 06-1990: (Creel, 561)]. All the conditions were met within the six month time period. However, there has been a large amount of confusion concerning the driveway requirements. The Planning Commission voted unanimously to amend the Portland cement drive way approach to pavers. This request was to minimize storm water runoff by installing a pervious surface. There were conflicting ideas among city employees of where the nine foot ROW Line actually ended. Amongst the confusion part of the driveway within the actual ROW Line was left unpaved. In the attempt to correct the misunderstanding, planning staff advised me to contact Chuck Rutherford. Chuck's advice was to fill in the unpaved area with flagstone pavers. The pavers were installed immediately. I was then informed that this was still not incompliance. Therefore, I am requesting that the Commission accept the driveway paved as it is, and accept that the conditions have been met for the office conditional use. Furthermore, installing this pervious driveway 200 gallons of storm water are absorbed for every one inch of rain. (.5 gallons per sqft per 1" of rain). Most importantly, no gravel washes down into the street nor into city storm drains. I strongly feel that I have met the all the conditions to acquire the conditional use. Enclosed are two pictures; one of the lovely driveway and building, the other of the street showing that no gravel washes down into the street. Thank you for your time and consideration. Sincerely, Je .' - reel Jennifer Creel LM Birthro©t Midwifery 1116 South Duncan Ave. Fayetteville, AR 72701 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 5 of 12 /1 Q w m 'o to -co (� m oo H a�w N ¢ al 0 Li 06 MI M O h IX �en V'W^ 4' N / O c 0 re 1— CNI W U 24.5' { 0) J O N n 2W p K Z �WZ a Cid C4 NWVi Z+ i oL r '3'(1 28 '8'S ce C3 ao jU Cr W 3 d Z O M wY �0°- ti *40 zq z�o' 0.a 2 X 00'0L (Lv' a snu wad 'aaa s) —dSW 83d SV M/a —M/a 1SIX3 - M M (M/8 ,0S '1lVHdSV) A (JA(IAV NTV3N1217 H1LfOS 3— 3 dfra szsz 3 0 Wn yW Q 0<z ocp- nl orz4o 71-4 _> M 3 --- 3 ss 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 6 of 12 Tool joint or saw cut at not greater than lO ft spacing Typical Residental Driveway (With greenspace) Varies 10 ft minimum width 24 ft maximum width (residentap F.ansion joint with AASHTO M213 material or cold joint 17.6' Minimum Sidewalk continuous through drivevyay Minimum distance from property One to curb cot 5 ti single famtty iesiderdial 1212 ftt all others Extend hard surface 1212 feet beyond sidewalk Tool joint or cold joint Full depth saw cut Or entire gutter may be removed and repoured. Sidewalk Width varies See Master Street Plan. Greenspace Varies Sea Master Street Plan Sidewalk (Slope to street V4' per foot max.) . Sidewa0c elevation 2% above op of ct4 " Curb Pour concrete full depth (6') at curb - tapering to 4'.(residental drive) 3/26/2007 Planning Commission • ADM 07-2548 Creel Agenda Item 3 -Page 7of12 CUP06-1990 Close Up View CREEL PRIVATE 897 PRIVATE 889 DR 1226.7 FIFE PL atei PRIVATE 1315 DR StA T1111 Legend g000000 OverlayDistrict — FLOOOWAY --500 YEAR ® —100 YEAR ---LIMIT OF STUDY — — - BaseLine Profile O Fayetteville ;.;1 Outside City CUP06-1990 vector.G0B.Footprint2004 0 75 150 300 450 600 Feet 3/26/2007 Planning Commission ADM 07-2548 Creel Agenda Item 3 Page 10 of 12