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Home My WebLink About2001-01-22 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held January 22,2001 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville,Arkansas. The following items will be considered: ConsentAgenda: Approval of minutes from the January 8,2001 meetings. 2. VA 01-1.00: Vacation (Winkler,pp 678)was submitted by Steve Winkler for property located east of 607 Peach. The property is zoned R-1, Low Density Residential and contains approximately 0.08 acres. The request is to vacate the street right of way (Haddon Ave.). 01dBusiness: 4. CU 00-33.00: Conditional Use(City of Fayetteville (Wilson Park), pp 445) was submitted by Lisa Paschal on behalf of the City of Fayetteville for property located at Wilson Avenue and Louise Street. The property is zoned R-1, Low Density Residential and contains approximately 16.87 acres. The request is to build a Plant Nursery/Greenhouse (use unit 2) in a R-1 district. New Business: 1 AD 00-48.00: Administrative Item (Cooper, pp 602)Request for escrow funds to be returned to applicant. 3. LSD 00-26.00: Large Scale Development(Lewis Street Town Homes,pp 403 & 404) was submitted by W.B. Rudasill of WBR Engineering Associates on behalf of Dale Shultz of Lewis Street Town Homes for property located at the northwest comer of Lewis Avenue and Reap Street. The property is zoned R-3, High Density Residential and contains 3.93 acres with 24 units proposed 5. AD 00-45.00: Administrative Item (Fayetteville Sidewalk& Trails Committee)was submitted by Laura Kelly on behalf of the Fayetteville Sidewalk& Trails Committee. The request is for Bike Parking Ordinance. 6. AD 00-47.00: Administrative Item Master Street Plan for Eastern By-pass Review. 7. AD 00-49.00: Administrative Item Amend sections §156.03 (D) (1) (a) (3); §166.03 (c); §166.04 (3); §166.05 (C)(6); and §171.03 (A)(1) of the UDO regarding dedication of right of way. An ordinance to exclude right of way dedications for freeways and expressways. 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(575-8264),City Administration Building, 113 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 meetings. 72 hour notice is required. For further information or to request an interpreter,please call Don Bunn at 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item - Chairman B. Presentation of request -Applicant C. Public Comment D. Response by Applicant/Question& Answer with Commission E. Action of Planning Commission(Discussion and Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item,raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman,who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief and to the point 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. 2000 Planning Commissioners: Conrad Odom - Chairman Nancy Allen Don Bunch Bob Estes Lorel Hoffman Sharon Hoover Don Marr Loren Shackelford Lee Ward AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held January 22,2001 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville,Arkansas. The following items will be considered: Approval of minutes from the January 8,2001 meetings. New Business: 1. AD 00-48.00: Administrative Item (Cooper, pp 602) Request for escrow funds to be returned to applicant. 2. VA 01-1.00: Vacation (Winkler, pp 678)was submitted by Steve Winkler for property located east of 607 Peach. The property is zoned R-1, Low Density Residential and contains approximately 0.08 acres. The request is to vacate the street right of way (Haddon Ave.). 3. LSD 00-26.00: Large Scale Development(Lewis Street Town Homes, pp 403 & 404) was submitted by W.B. Rudasill of WBR Engineering Associates on behalf of Dale Shultz of Lewis Street Town Homes for property located at the northwest comer of Lewis Avenue and Reap Street. The property is zoned R-3, High Density Residential and contains 3.93 acres with 24 units proposed 4. CU 00-33.00: Conditional Use (City of Fayetteville (Wilson Park), pp 445) was submitted by Lisa Paschal on behalf of the City of Fayetteville for property located at Wilson Avenue and Louise Street. The property is zoned R-1, Low Density Residential and contains approximately 16.87 acres. The request is to build a Plant Nursery/Greenhouse (use unit 2) in a R-1 district. 5. AD 00-45.00: Administrative Item (Fayetteville Sidewalk& Trails Committee)was submitted by Laura Kelly on behalf of the Fayetteville Sidewalk& Trails Committee. The request is for Bike Parking Ordinance. 6. AD 00-47.00: Administrative Item Master Street Plan for Eastern By-pass Review. 7. AD 00-49.00: Administrative Item Amend sections §156.03 (D) (1) (a) (3); §166.03 (c); §166.04 (3); §166.05 (C)(6); and §171.03 (A)(1) of the UDO regarding dedication of right of way. An ordinance to exclude right of way dedications for freeways and expressways. 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(575-8264),City Administration Building, 113 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 meetings. 72 hour notice is required. For further information or to request an interpreter,please call Don Bunn at 575-8330. FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Planner THRU: Tim Conklin, City Planner DATE: January 22, 2001 AD 00-48.00: Administrative Item (Cooper, pp 602) Request for escrow funds ($3,800)to be refunded to the applicant. RECOMMENDED MOTION: Staff recommends approval of the administrative request to refund $3,800 plus interest to the applicant. BACKGROUND: May 23, 1994 Planning Commission approved a lot split request and recommended approval of a rezoning request on property located at 1693 Morningside Drive. The lot split approval had several conditions placed on it which included: successful rezoning of the property, construction of a sidewalk, and a contribution of money for the improvement of Morningside Drive. June 15, 1994 Planning staff requested that the Engineering Division provide a specific amount to be applied to the contribution required for Morningside Drive improvements. November 13, 1995 Planning Commission heard and denied a request by the applicant for reconsideration of the conditions placed on the previous lot split approval. At this time, the applicant is requesting that the money which was collected for Morningside Drive improvements be returned. The request has been reviewed by Engineering staff and no improvement projects appear to be eminent for this portion of Momingside Dr. Staff recommends therefore that the escrow funds be refunded to the applicant pursuant to §158.05(A)(2)(b)(1). H.,IUSERSICOMMONLDAWNTLPEPORTSIPCil-22-011cooper.wpd Planning Commission January 2Z 2001 ADOO-48 Coopur Page 1.1 166.07. REQUIRED OFF-SITE IMPROVEMENTS. C. Determining Necessity for Off-Site Improvements. 2. When a proposed subdivision has direct access to, or fronts on, an existing road or street which is below current standards, the subdivider shall be responsible for contributing his proportionate share of the cost of improving said street or road to existing City or County standards. The Planning Commission shall determine the subdivider's proportionate share of said costs in accordance with the provisions of A. above. §158.05 OFF-SITE IMPROVEMENTS/DELAYS A. Proportionate Share. lf the Planning Commission determines that a needed off-site improvement cannot be built until future development occurs, the subdivider shall pay to the City an amount determined by the Planning Commission, in accordance with the standards prescribed. in §166.07, to be the developer's proportionate share of the cost of said off-site improvements as of the date of final plat approval. 1. The City shall deposit said money into an interest bearing escrow account until such time as the off-site improvement is constructed and shall provide for payment of interest on said amount at the rate of 10%per annum or the maximum rate allowable under Arkansas law, whichever is lower. 2. If the off-site improvement is not constructed within five years from the date of the first pgyment into the escrow account by a developer,the Planning Commission shall hold a public hearing, after notification to all affected prol2eM owners, to determine the disposition of all money in the escrow account. Following thepublic hearing, the Planning Commission may: a. Determine that the off-site improvement is still necessary and feasible and can be built within a reasonable time, in which case the escrow account shall be continued for a period specified by the Planning Commission; or b. Determine that the off-site improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future, in which case the Planning Commission shall either: (1). Refund the money in the escrow account, with accumulated interest,to the subdivider(s) who made the contribution; o (Staff Recommendation) (2). Distribute the money in the escrow account on a pro rata basis to the property owners who purchased lots in the subdivision(s) and the developer(s); or c. With the written consent of a majority of the property owners who have purchased lots in the subdivision(s) and the developer(s), direct that money in the escrow account be utilized for a different purpose which will specifically benefit the neighborhood. H.,WSEPSACOMMO"A WNTIREPORTSIPCII-22-01 1cooper.wpd Planning Commission January 2Z 2007 ADOO-48 Cooper Page 1.2 Planning Commission Minutes November 13, 1995 Page 12 WA95-5-LAVERNE COOPER 1693 MORNINGSIDE DRIVE The next item on the agenda was request for a waiver from subdivision regulations(off site improvements) requested by Laverne Cooper for property located at 1693 Momingside Drive. Staff recommended against granting a waiver. Ms.Little noted that a Bill of Assurance for the sidewalk was never filed of record. Ms. Cooper presented photographs of various sidewalks in the city depicting similar terrain. Discussion ensued regarding alleged errors in the FEMA flood plain maps. Discussion ensued regarding whether or not the matter should be reconsidered. No motion was made to rehear the request therefore the request was denied. Planning Commission January 22, 2001 ADOO-48 Cooper Page 1.3 7.1 FAYETTEVILLE November 13,1"S THE CIT Y OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteyilte�AR 72701 Telephone:501-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Aleft S. Little, City Planner DATE: November 13, 1995 SUBJECT: Request by Laverne Cooper for the Planning Commission to rehear the Lot Split approved at their regular meeting of May 23, 1994, and to waive the conditions associated with that approval Ms. Laverne Cooper initially requested and received a lot split for property located at 1693 Momingside Drive ftom the Planning Commission on May 23, 1994. As a condition of the lot split, staff recommended the approval of the lot split subject to the property being rezoned, construction of a sidewak and a contribution of money for the improvement of Morningside Drive. Ms. Cooper was present at the Planning Commission, and Mr. Bunn read his report in which the staff recommendation was stated. The Planning Commission voted 9-0-0 to approve the lot split subject to acceptance of a Bill of Assurance on the sidewalk, contribution of the money for improvement to Morningside Drive, and approval of the rezoning by City Council. Recently, the builder for Ms. Cooper's son contacted the Inspection Division for a building permit. At Planning Office review of the building permit, the contribution for the road improvements and the executed Bill of Assurance were requested. Many hours of staff and administration time have since been devoted to this applicant's case. Ms. Cooper, as she states in her letter, was indeed called to provide a letter to the Planning Commission setting out the reasons that the Planning Commission should consider in rehearing the lot split request and the conditions attached to the lot split. I regret that Ms. Cooper feels that the City has not been responsive to her, and indeed, it seems that calls should have been returned. It is, of course, difficult to tell who was responsible to follow-up on which items. None-the-less, it is not staff responsibility to handle each project as if it is our own. The responsibility for follow-up lies with the applicant. Planning Office has responsibility for building permit sign-off. We have properly denied the building permit until the conditions of the Planning Cormnission have been met. Since Ms. Cooper and her son wanted a building permit in advance of the decision by the Planning Commission, we accepted a check in the amount of$3,800 and agreed not to cash the check until the decision of the Planning Commission has been reached. Planning Commission January 2Z 2001 ADOO-48 Cooper Page 1.4 7.2 Attached is a copy o�f ument detailing procedures for COMP e with floodway regulations i0surance under FEMA. Page which the City is req_*66to follow in order to maintain Ou- --- ) 7 states that a field survey is required to show whether the property lies within the floodway or floodway flinge. Upon presentation of the request for the building permit to the Planning office, Tim Conklin noted that the property was adjacent to a stream. The applicant was unable to tell Tim where he planned to site the structure. Upon request for this information,the applicant,Brad Cooper had to return to the site, measure the approximate location of the proposed house on the site and bring the information back to Planning office, This information is required to determine building setback lines and was particularly important in this case, due to the probable presence of floodplain. With the site information, Tim was able to scale the site in on the floodplain map and determine that the structure was likely in the floodplain. He required a survey as set out in the guidelines. 1�&. Frank Blew presented a survey with elevations and certification that the structure was above the elevation of the 100 year flood. The building perinit was issued. ms. Cooper states in her letter that the floodplain map has been proved wrong. I need to correct this impression. The floodplain map is the official federal document setting out floodplains. It will not be amended unless a Letter of Map Amendment (see paragraph 3)is issued. It is the responsibility of Ms. Cooper or other entities to request the Letter of Map Amendment. Otherwise, flood insurance should still be requirefty the lending institution. I trust this information will be helpful to the Commission as you review this matter. Please call our office if we may further clarify the information in this report. Planning Commission January 22, 2001 ADOO-48 Cooper Page 1.5 7.14 FAYETTEX46LE THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Fayetteville Planning commission - -FROX: - City Engineer SUBJECT—.1 -Request—for Waiver Cooper Lot Split 1693 Morningside Drive DATE: November 8, 1995 Attached is a request for a waiver of the requirement for a contribution in leiu of street improvements to Morningside Drive. This request for a waiver is in connection with the approval of a Lot Split for Laverne Cooper in May of 1994. Attached is a copy of the staff report on the split. The Commission approved the split subject to the Staff recommendations. It is the recommendation of the Staff that the waiver not be granted. This contribution, as with similar contributions, will be reviewed at the end of a five (5) year period and a decision will be made then to determine if the improvements are imminent. If improvements are imminent the money will be retained as used to help offset the cost of the construction. If construction of the street is not planned within a reasonable period of time, the contribution (plus interest) will be reimbursed to the owner. Planning Commission January 2Z 2001 ADOO-48 Cooper Page 1.6 FA-YETTEVI&LE 7.10 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Don-Bunn, City-Engineer FROM: Tim Conklin, Associate Planner DATE: June 15, 1094 SUBJECT: Street Improvements -at 1693 Momingside Drive-- The Planning Conm-iission on May 23, 1994 approved the requested lot split at 1693 Momingside Drive subject to applicant contributing n1oney towards improving Momingside Drive— City Policy is for the applicant to pay for 1/2 of the. cost of improving a public street that abuts their property to City street standards. This would include 15 1/2 feet from the centerline of Momingside Drive and may include curb, gutter, and storm drainage. Please provide our office with an estimate of the cost and type of improvements required so we can set up an escrow account and collect these funds prior to stamping the deed for recordation. cc: Laverne Cooper Planning Commission January 22, 2001 ADOO-48 Cooper Page 1.7 7.8 Opt Planning commission May 23, 1994 Page 8 PUBLIC HEARING FOR REZONING R94-32 WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT 11 LAVERNE COOPER - 1693 MORNINGSIDE DR The next itemwas- a- public hearing for rezoning R94-32 and a waiver of the subdivision regulations - lot split #1 submitted by Laverne Cooper for property 'located at 1693 Morningside Drive. The request was for a lot split approval and a rezoning request of .63 acres from A-1, Agricultural to C-2, Thoroughfare Commercial. Mr. Conklin advised that, since the initial application, the staff had discussed with the applicant the possibility of rezoning this property to R-2, Medium Density Residential with the intention that the City would allow an antique/gift shop as a conditional use within an R-2 zoning district in the future. He noted the applicant had agreed with the staff Is recommendation and was no longer requesting C-2 zoning. Mr. Conklin stated the adjacent land uses of the property included R-2 vacant land on the north and west sides, R_1 vacant lAnd on the east side, and A-1 vacant land on the south side. He pointed out the new ordinances in the works would allow this type of use as a conditional use within residential zoning districts which was the staff's reasoning behind recommending this site be rezoned R-2. He noted it would allow the existing house to remain as a rental house and the lot size would be conforming. Mr. Conklin explained a lot split request had been submitted in connection with the rezoning request. He noted the property was currently zoned A-1 so splitting the property would not be allowed unless the rezoning was approved because of the minimum parcel size of 2 acres in the A-1 zoning district. Mr. Conklin advised the staff recommended approval of a rezoning to R-2 of this site with direction for the applicant to return in the future with their plans to convert the house into an antique/gift shop as indicated by the applicant. In answer to a question from Ms. Britton, Ms. Laverne Cooper (petitioner) advised a survey had been obtained to ensure the septic field would remain on the property. MOTION Mr. Reynolds moved to approve the rezoning petition R94-32 from A-1 to R-2 subject to the staff's comments. The motion was seconded by Mr. Suchecki. The motion passed unanimously. Mr. Bunn advised the lot split request was to split off a 0.68 acre lot with an existing home from an 8.16 acre tract. He added there was a 24-inch water line on the east side of Morningside Drive which served the proposed lot directly, but sewer was not directly available to the site. Mr. Bunn pointed out the .68 acres would be less than the 1 acre required for a large scale development and it was the staff' s recommendation that, as a condition of approval of the lot split, the street improvement to Morningside Drive be required or money in lieu be placed in escrow. He noted an alternative would be to allow a Bill of Assurance be filed in connection with the split which would bind any future owner of the site to go through the large scale development process at such time the use changed from single-family. Planning Commission January 2Z 2001 ADOO-48 Cooper Page 1.8 7.9 Planning commission May 23, 1994 Page 9 Mr. Bunn stated the staff recommended approval of the lot split subject to the rezoning of the property to R-2, the construction of a sidewalk, and the contribution of money for the improvement of Morningside Drive. Mr. Reynolds expressed doubt that a sidewalk could be feasibly constructed on the property because of the terrain. He suggested the sidewalk requirement be waived. Ms. Britton expressed her disagreement with Mr. Reynolds' suggestion and contended a Bill of Assurance should be obtained so that a sidewalk would be built at the time the street was improved. Mr. Allred noted if they made the requirements so stringent that the development did not take place, the City would have to cover the cost of the entire street improvement instead of just a portion of it. Mr. Reynolds contended the city services were not very good in the subject area and pointed out the subject property was located a long way down that road which made it doubtful the road woul� be impr oved or a sidewalk constructed for the next 20 years. In answer to a question from Ms. Britton, Ms. Little advised when a street was curbed and guttered the property owners along it were not assessed a fee unless the prope�rty owners requested it be improved. Mr. Reynolds recommended a Bill of Assurance for the sidewalk be accepted. MOTION Mr. Reynolds moved to approve Lot Split #1 subject to all the staff comments with a Bill of Assurance offered and accepted on the sidewalk requirement and to the City Council approving the rezoning request. The motion was seconded by Mr. Nickle. The motion passed unanimously. Planning Commission January 2Z 2001 ADOO-48 Cooper Page 1.9 FAYETTEVIJVLE THE CITY OF FAYETTEVILLE,ARKANSAS 7.7 DEPARTMENTAL CORRESPONDENCE TO: Fayetteville Planning commission FROM: City Engineer SUBJECT: Lot Split No. 1, LaVerne Cooper 1693 Morningside Drive Zoned A-1, Proposed Zoning, C-2 DATE: May 18, 1994 This is a request to split off a 0. 68 acre lot from an existing 8 . 16 acre tract. The 0. 68 acres has an existing rent house on it. There is a request before the Planning Commission (being heard concurrently with this lot split request) to rezone the 0. 68 acre tract from A-1 to C-2 . This split is necessarily conditioned on eventual approval of that rezoning since the size lot being proposed does not conform to the minimum size for lots in an A-1 Zone. There is a 2411 water line on the east side of Morningside Drive which will serve the proposed lot. Sewer is not directly available to the site, but is located several hundred feet to the north. I am not aware of the location of other utilities. since there is a request for a C-2 zoning for this site, and it is significantly less than the 1. 0 acres required for a large scale development, it is the Staff Is recommendation that the street improvement (or money in lieu of street improvement) on Morningside Drive be required at this time. An alternative would be to allow a Bill of Assurance to be filed in connection with the split which would bind any future owner of the site to go through a large scale development at such time as the actual use changes from single family residential to any other use. It would be the preference of the Staff that money be placed in escrow at this time for the street improvements (one-half of Morningside Drive to City Street Standards) . It is, therefore, the recommendation of the Staff that the split be approved subject to the rezoning of the property to C-2, construction of a sidewalk, and a contribution of money for the improvement of Morningside Drive. Planning Commission January 22, 2001 ADOO-48 Cooper Page 1.10 L 15 7TH E7C -7TH ';UNTSVILL-- 15 14 7 15 21 2 22 23 E 9TH FAIRLANE M < z �er L 722 1 1TH cCLINTON -paric z < z 0 1 2TH 0 0 LOUIL� FE� 13TH > ELLA 16 0 —M E 15TH U OZO22 Branch c End St. Hwy. 22 23 21 22-- 28 27 PUMP 27 26 L 156 P�TH VT E 26TH Sec Lm 16S- Wa Plannin$z Commission P.C. January 22, 2001 ADee-48 evope, Page ].I I 7,16 HWy.— '0 �-20' "MS ------------ -------------------- - --------i;w- ------------ -------------- NE PROPOSED 22 LOr SPL-rr -rO C,-z 414. Ld a U) WA95-5 0 Sec. 22-16-30 z Laveme Cooper z 1693 Morriingsid Planning Commission Waiver of Sub& :�`�,' January 22, 2001 P.C. 11/13/95 ADOO-48 Cooper Page 1.12 "ERNIEJACKSOLVD - -j I E T-, OR LT. 'LAW... 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M.�Nwff EL E A'. E.UTFIDAT ...FEE...E ET.RIIAD PARK 0 EEF,,E� .FF, ...... .... I I MII,...... EN UOFA DIT. NONENAMNKDR OR Sec. 22-16-30 -32 1 )R.OLT R94 al—I R,RR, ELLIE 71B Laverne 41693 mor Planning Commission EITN A, ARKAN I SAS&mPC. 5-23 January 22, 2001 R, IFFIEITI ADOO-48 Cooper INDDIF.M1, Page 1.13 PARK Planning Commission January 22, 2001 ADOO-48 Cooper Page 1.14 VA 01-01.00 Page I PC Meeting of 22 January 01 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Street Right of Way Vacation 113 W. Mountain St. Steve&Michelle Winkler Fayetteville, AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Ron Petrie, Staff Engineer DATE: January 22, 2001 Project: VA 01-01.00: Vacation (Steve & Michelle Winkler, pp 678) was submitted by Steve Winkler for property located at 607 Peach Street, Part of Lots 1 & 2, Block 1, Country Club Addition. The request is to vacate the 40' wide Haddon Avenue right of way to the east of the applicant's property. See the attached maps and legal descriptions for exact dimensions for the requested right-of-way vacation. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: Ozarks Electric - Not applicable. Southwestern Electric Power Company - No objections. Arkansas Western Gas - No objections. SW Bell - No objections. Cox Communications - No objections. City of Fayetteville: Water/Sewer - No objections provided a 30' utility easement is retained for future extensions. Street Department - No objections. Solid Waste - No objections. Recommendation: Approval of the proposed street right of way vacation subject to the conditions listed below. Conditions of Approval: I. A 30' utility easement is shall be retained for future extensions of water and sewer. 2. A correct legal for the portion to be vacated shall be provided prior to this item being forwarded to City Council. Planning Commission January 2Z 2001 VA 01-1 Winkler Page 2.1 VA 01-01.00 Page 2 PLANNING COMMISSION ACTION: —�re_sRequired ---.Approved -----Denied Date: Connnents: CITY COUNCIL ACTION: --yts—Required --Approved Denied Date: Planning Commission January 2Z 2001 VA 01-1 Winkler Page 2.2 June 22, 2000 To: Sara Edwards, Development Coordinator, City of Fayetteville From: Steve and Michele Winkler, Owners of property at 607 Peach, Fayetteville Re: Street right�of-way vacation We are requesting the City of Fayetteville vacate the street right-of-way on land east and adjacent to 607 Peach in Fayetteville. This right-of-way has been plated since 1926. The right-of way is wooded, steep and unused. We are making this request for two reasons. Moving our property line twenty feet to the east will allow us to (1) construct a one car carport attached to the house that complies with side set back requirements and (2) allow us to take measures to control the storm water that flows from the east and is causing e)densive erosion damage to our property. Sine ely, Steve and Michele Winkler 678 E. Lafayette Fayetteville, AR72701 443-4234 Planning Commission January 22, 2001 VA 01-1 Winkler Page 2.3 tJLtVV4L AZ�Z)UUtkltz SURVEYORS FRANK W. BLEW, JR., R.L.S. 00-71 PEACO III, PrPART OF LOT I .WU OF 14 L-e�4 PART OF LOT 2- 50, �EXIS�71 IRON SE CURNER LOT 2 BLOCK I SURMED FORS BrOOaou Abstract DATE. YA7 11. 2MO Soft LEGAL DESCWTION: part of Lots Ow (1)- arA Tu* (2) ju Block Oue (1) Country Club Addition to the City of pay&ttevillt, Arkaaeo, ae degiguated upon the recorded plat of said Additivu Go f Ile in the *f'S'VA of the Circuit Clerk and Ea_.OffjcjO Recorder.of.M"Mugraa Countyk Arka"". being 30 feet Of equal and valfore vidth off the East a"* of*SA14 lots. Cl3MVICATrM% I-hereby certify thiw to be true and correct to the best of sy kaouledge and belief, ou the Utb day at 200. STME IV wet.; Planning Commission January 22, 2001 VA 01-1 Winkler Page 2.4 VA014OWinkler - elose Up R-1 R-1 R-1 R-1 R-1 R-1 R-1 R-1 -1 0=1 S -----roperty R-1 R-1 0 R-1 C3 STREETS N Zoning District Master Street Classifications 90 0 90 180 Feet /V'COLLECTOR w ��.vv FREEWAY/EXPRESSWAY Planning Commiss I i I on"I MINOR ARTERIAL PRINCIPAL ARTERIAL January 22, 2001 V Structures(1998) VA 01-1 Winkler Page 2.5 VA01 - 1 V\/?nkler One -1file Radius Mil no 1A &M7 Mg I LSD 00-26.00 Page I PC Meeting of 22 Jan 01 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS Lewis Street Town Homes,LSD 113 W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Tim Conklin, City Planner FROM: Sara Edwards,Ron Petrie P.E. DATE: January 22, 2001 Project: LSD 00-26.00: Large Scale Development (Lewis Street Town Homes,pp 403 & 404)was submitted by W.B. Rudasill of WBR Engineering Associates on behalf of Dale Shultz for property located at the northwest comer of Lewis Avenue and Reap Street. The property is zoned R-3, High Density Residential and contains 3.93 acres with 24 units proposed Findings: The applicant is proposing to construct two apartment buildings. One building will consist of sixteen, two bedroom units, and the second building will consist of eight,two- bedroom units. There are 51 parking spaces provided. This property is located across from the Lewis Street Soccer Fields with existing apartments to the north and south of this property. Recommendation: Approval subject to the conditions listed below. Conditions of Approval: 1. Planning Commission determination of improvements to Lewis Street.At the present, Lewis Street is 2l'in width with open ditches on both sides. Staffrecommends that Lewis Street be widened 3.5'adjacent to this development with curb & gutter to meet Local Street standards (14'from centerline) with the open ditch remaining. It is preferred that the open ditch be eliminated by installing a storm pipe, but the rational nexus calculations could notjustify this recommendation. Seethe attached memo from the Engineering Division and the supporting documentation. 2. A tree preservation plan has been submitted to include preservation of 20% of the site in existing canopy. Tbe ordinance requires 20%preservation in an R-3 zoning district. This area is located at the rear of the property and shall be dedicated as a tree casement prohibiting development on this area by means of an easement plat. 3. Payment of parks fees in the amount of $9,000 (24 units @ $375) 4. Sidewalk construction in accordance with current standards to include a minimum four foot sidewalk with a minimum six foot greenspace. Planning Commission January 2Z 2001 LSDOO-26 Lewis Street Town Homes Page 3.1 LSD 00-26.00 Page 2 5. Plat Review and Subdivision comments (to include written staff comments mailed to the applicant or his representative, and all comments from utility representatives -AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 6. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage,water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 7. Large Scale Development approval to be valid for one calendar year. 8. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. Separate easement plat for this project c. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed Improvements"to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed,prior to the issuance of a Certificate of Occupancy. Background: The proposed Large Scale Development was reviewed at the September 27, 2000 Technical Plat review were it was tabled due to insufficient grading and drainage information. The project was reviewed again at the December 13, 2000 Plat Review and the January 11, 2001 Subdivision Committee meeting. Discussion at the Subdivision Committee meeting included tree preservation requirements and offsite street and drainage improvements. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to staff comments, remove the utility easement to the north and west of the Tree Preservation Area,provide the tree preservation easement, add curb& gutter to the tree islands in the parking lot, move all proposed trees 10' from the waterline, and provide a letter requesting a waiver from the recommended offsite improvements with a cost estimate for these improvements. INFRASTRUCTURE: a) Water will be extended from Lewis Street to provide for domestic use and fire protection. b) Sanitary sewer will be extended to serve this development. Planning Commission January 2Z 2001 LSDOO-26 Lewis Street Town Homes Page 3.2 LSD 00-26.00 c) Streets. See Conditions of Approval for requirements. Page 3 d) Grading and Drainage. A final grading and drainage report will be required prior to beginning construction. PLANNING COMMISSION ACTION: yes R quired --_Approved Denied Date: Comments: CITY COUNCIL ACTION: ---Required ----Approved -----_Denied Date: The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total without exception by the entity requesting approval of this development item. by title date Planning Commission January 22, 2001 LSDOO-26 Lewis Street Town Homes Page 3.3 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:501-575-8264 ENGINEERING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Ron Petrie P.E., Staff Engineer 90 DATE: January 18, 2001 SUBJECT: Lewis Street Town Homes (LSD 00-26.00) Lewis Street Improvements Lewis Street is presently a narrow asphalt road that is 2 P in width with open ditches on both sides. This street is classified as a local street on the Master Street Plan which requires a street width of 28' as measured from back of curb. The following is the rational nexus calculations toAriden this street to local street standards: Existing Traffic on Lewis Street- 1,156 vpd Projected Traffic from Development- 159 vpd Percentage of Traffic from Development- 12.09% From Historical Data, it costs approximately $220.00/L.F. to widen an existing 20' open shoulder road to 28' in width with curb & gutter and underground drainage. Since this development has 216.12 feet of frontage along Lewis Street,the total cost to widen the street to Local Street Standards is computed as follows: 216.12 L.F.($220.00/L.F.)=$47,546.40 Developer's Portion= $47,546.40(0.1209) = $ 5,748.36 From the cost estimates provided by the developer's Engineer, it is determined that the street widening will cost approximately$4,665.00. An additional$12,300.00 would be needed to install the storm pipe adjacent to the curb&gutter for a total widening cost of approximately $16,965.00. Therefore,it is the Engineering Division's recommendation that this developer widen Lewis Street 3.5' and add curb & gutter with the open ditch remaining along this project's street frontage. Although there is a difference of$1,08J.3 5 between the rational nexus calculation and the widening costs, it should be noted that the Lewis Street traffic count was taken on January 12,2001 when the University of Arkansas was not in session and the inclement weather reduced the traffic to Asbell Park. Planning Commission January 2Z 2001 LSDOO-26 Lewzs Street Town Homes Page 3.4 "V ILE CITY OF FAYETBVILLE TRAFFIC DIVISION 575-8228 01-15-2001 Volume by Lane Report - D011200I.PRN -------- 08:58 Pq 1 ----------------------------------------------------------------------------------------------------------9---- -------------------- Sta: 236000000001 Id: 011201000001 CId: 01 Fmt: 000 - imperial Int: 60 Min. Start: Fri - Jan 12, 2001 at 00:00 End: Sat - Jan 13, 2001 at 24:00 City/Town: FAYETTEVILLE County: WASHINGTON Location: -LEWIS-AVE-AT WASHINGTON PLAZA APTS File: D0112001.PRN LnI-North ------------------------------------------------------------------------------------------------------------------------------------ Fri - Jan 12, 2001 Lane I Total -------------- ------ ------ 01:00 15 15 02:00 17 17 03:00 12 12 04:00 2 2 05:00 7 7 06:00 18 18 07:00 27 27 09:00 65 65 09:00 69 69 10:00 37 37 11:00 34 34 12:00 51 51 13:00 86 86 14:00 75 75 15:00 68 68 16:00 87 87 17:00 95 95 18:00 123 123 19:00 65 65 20:00 54 54 21:00 46 46 22:00 44 44 23:00 29 29 24:00 30 30 Daily Totals 1156 1156 Percentages 100.00 ------------------------------------------------------------------------------------------------------------ ----------------------- Planning Commission Januaty 22, 2001 LSDOO-26 Lewis Street Town Homes Page 3.5 CITY OF FAYRTEVILLE TRAFFIC DIVISION 575-8228 01-15-2001 Volume by Lane Report - D0112001.PRN 08:58 Pq 2 --------------------------------------------------------------------------------------------------------------------- -------------- Sta: 236000000001 Id: 011201000001 CId: 01 Fmt: 000 - Imperial Int: 60 mill, Start: Fri - Jan 12, 2001 at 00:00 End: Sat - Jan 13, 2001 at 24:00 City/Town: FAYETTEVILLE County: WASHINGTON Location: LEWIS AVE AT WASHINGTON PLAZA APTS File: D011200I.PRN Lnl-North ----------------------------------------------------------------------------------------------------------------------------------- Station Data Summary -------------------- Lane 1 Total -------------- ------ ------ Grand Totals 1156 1156 Percentages 100.00 --------------------------------------------------- -------------------------------------------------------------------------------- Am/Pm Peak Hour Totals ---------------------- Lane 1 Total -------------- ------ ------ Am Hour 8-9 69 69 Percentages 5.97 5.97 Pm Hour 17-16 123 123 Percentages 10.64 10.64 Planning Commission Januaty 2Z 2001 LSDOO-26 Lewis Street Town Homes Page 3.6 Lewis Street Townhomes Summary of Average Vehicle Trip Generation For 24 Dwelling Units of Apartments January 15, 2001 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour --- Two-Way Volume Enter Exit Enter Exit Average Weekday 159 2 10 10 5 24 hour Peak Hour Two-Way volume Enter Exit Saturday 153 0 0 Sunday 141 0 0 Note : A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997 . TRIP GENERATION BY MICROTRANS Planning Commission January 2Z 2001 LSDOO-26 Lewis Street Town Homes Page 3.7