HomeMy WebLinkAbout2001-11-13 - Agendas - Final AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Tuesday,November 13,
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 October 22,2001 meeting.
New Business:
1. VAC 01-8.00 Vacation(Tomlinson/Fulton,pp 641)was submitted by Dave Fulton on behalf of
Gerald Tomlinson for property located at 2522 S. College(lot 12 of Taylor Estates). The
property is zoned R-1, Low Density Residential and contains approximately 0.10 acres. The
request is to vacate an existing utility easement.
2. CUP 01-28.00 Conditional Use(Vista Health,pp 138)was submitted by Dave Jorgensen of
Jorgensen&Associates on behalf of Vista Health for property located at 4253 Crossover Road.
The property is zoned C-1,Neighborhood Commercial and R-O,Residential Office containing
approximately 9.44 acres. The request is for a 30 bed medical facility(use unit 4)in a R-O
district.
3. LSD 01-36.00: Large Scale Development(Vista Health,pp 138)was submitted by Dave
Jorgensen of Jorgensen&Associates on behalf of Vista Health for property located at 4253
Crossover Road. The property is zoned C-1,Neighborhood Commercial and R-O,Residential
Office containing approximately 9.44 acres. The request is to add a 30 bed medical facility.
4. ADM 01-11.10: Administrative Item(Dandy& Schmitt,pp 524)was submitted by Brian
Dandy&Robert Schmitt for property located on lots 1,2, & 3 of City Addition. The property is
zoned R-2,Medium Density Residential. The request is to build a multi-family unit on a lot
without street frontage.
5. LSD 01-19.10: Large Scale Development(Hometown Developments,pp 524)was submitted
by Robert Schmitt of Hometown Developments for property located on the southwest corner of
Fletcher Avenue&Rodgers Drive. The property is zoned R-2,Medium Density Residential and
contains approximately 0.50 acres with 12 dwelling units proposed.
6. ADM 01-28.00: Administrative Item (Hometown Development,pp 524)was submitted by
Robert Schmitt on behalf of Hometown Development for property located south and west of the
intersection of Fletcher&Rodgers Avenue. The request is for a waiver of the City of
Fayetteville minimum street standards.
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/Questions &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, 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.
2001 Planning Commissioners:
Bob Estes - Chairman
Lorel Hoffman - Vice Chairman
Lee Ward - Secretary
Nancy Allen
Don Bunch
Sharon Hoover
Don Marr
Loren Shackelford
Alice Church
VA 01-08.00
Page 1
PC Meeting of 13 Nov. 01
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Easement Vacation
113 W. Mountain St. Gerald Tomlinson
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Ron Petrie, Staff Engineer
DATE: November 8, 2001
Project: VA 01-08.00: Vacation (Gerald Tomlinson, pp 641) was submitted by Dave
Fulton for property located at 2522 South College Drive, Lot 12, Taylor Estates. The request is
to vacate a 15'wide utility easement through Lot 12 as shown and described on the attached maps
and legal descriptions.
This easement was shown on the original Country Club Estates for this property. Apparently,
when this area was replatted for Taylor Estates, this easement was not formally vacated through
the City. There are no known utilities located within this easement.
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 provided "any relocations of or damage to Cox facilities
will be at the owner's expense. No known facilities existing.
City of Fayetteville:
Water/Sewer - No objections.
Street Department - Not applicable.
Solid Waste - Not applicable.
Recommendation: Approval of the proposed easement vacation.
PLANNING COMMISSION ACTION: --yes Required
Approved Denied
Date:
Planning Commission
November 13, 2001
VAR01-8 Tomlinson
Page 1.1
VA 01-08.00
Page 2
Comments:
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
Planning Commission
November 13, 2001
VAR01-8 Tomlinson
Page 1.2
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: November 13, 2001
CUP 01-28.00 Conditional Use (Vista Health,pp 138) was submitted by Dave Jorgensen of
Jorgensen&Associates on behalf of Vista Health for property located at 4253 Crossover Road.
The property is zoned C-1,Neighborhood Commercial and R-O, Residential Office containing
approximately 9.44 acres. The request is for a 30 bed medical facility (use unit 4) in an R-O
district.
RECOMMENDED MOTION:
Staff recommends approval of the conditional use subject to the following conditions:
1. Planning Commission approval of the accompanying large scale development.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: November 13, 2001
Comments:
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:
H.I USERSICOMMONIDA WN7IREPORTSIDCIII-13-Onvista.doc
Planning Commission
November 13, 2001
CUP01-28 Vista Health
Page 2.1
BACKGROUND:
The project site is located just south of the intersection of Crossover(Hwy 265) and Zoin
Road. Adjoining properties include Youth Bridge, Kee Corner, a recently approved indoor
batting cage facility and several multifamily dwellings.
The current Charter Behavioral Health facility at this location was approved by Planning
Commission on July 27, 1981. At this time, there is a 49 bed hospital facility and a 10,889
s.f. office building on the site. This conditional use request and the accompanying large
scale development will provide for a new building to house a 30 bed medical facility.
Most of the required infrastructure for the proposed facility is in place at this time. A
water line extension and additional fire hydrant will be installed during construction of the
new building. Additional parking will also be built as a part of this project.
SURROUNDING LAND USE AND ZONING
North: Kee Corner Plaza/Indoor Batting Cages, C-1
South: Youth Bridge, R-O
East: Vacant, R-O
West: Multifamily dwellings, R-2
GENERAL PLAN DESIGNATION Office/Community Commercial
§ 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use'when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
11:IUSERSICOMMOMDA WN71REPORTSIPCII1-13-011vista.doc --- - -
Planning Commission
November 13, 2001
CUP01-28 Vista Health
Page 2.2
until:
1. A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Finding: The applicant has submitted a written request for approval of a conditional
use permit to allow a medical facility (use unit 4) in the R-O zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings
before a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under §161.12 and §161.13 to grant
a conditional use permit to allow a medical facility in the R-O and C-1 zoning
districts.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: The granting of this conditional use will not adversely affect the public
interest. This is an addition to an existing facility which has been located at
this site for
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with the specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
H.I USERSICOMMONIDAWNYIREPORTSWCI11-13-01Ivista.doc
Planning Commission
November 13, 2001
CUP01-28 Vista Health
Page 2.3
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: No changes to current ingress/egress is proposed with this project.
(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: The existing parking lot adjacent to the project site (at the south side of the
existing hospital facility)will be expanded to include an additional 48 spaces
and the required landscaping for those spaces to accommodate the new
building.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: A dumpster pad with screening on three sides is called out to be added at the
southeast corner of the proposed building to serve refuse and service
vehicles.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: Utilities are available and currently serve this site. Improvements to the
water system will be made as a part of the proposed development.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Screening is currently in place to adequately screen this facility from
adjacent residential uses.
(f.) Signs, if any, and proposed exterior lighting with
reference to glare,traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
H:IUSERSICOMMOMDA WNTIREPORTSIPCII1-13-011vista.doc - - - --
Planning Commission
November 13, 2001
CUP01-28 Vista Health
Page 2.4
Finding: No new signage has been proposed for this addition.
(g) Required yards and other open space; and
Finding: Required yards and open space have been provided.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: This project is in keeping with the overall design theme of the existing site
which includes other medical buildings as well as recreational facilities.
Elevations and additional site information have been submitted by the
applicant for Commercial Design Standards review as a part of the large
scale development plans which accompany this conditional use application.
H.I USERSICOMMOMD,4WN71REPORTSIPC111-13-Ohvista.doc
Planning Commission
November 13, 2001
CUPOI-28 Vista Health
Page 2.5
§161.12 DISTRICT R-O RESIDENTIAL
OFFICE. Lot Mobile Home Park 100 ft.
Minimum
A.Purpose.The Residential-Office District Width:
is designed primarily to provide area for offices Mobile Home Park
without limitation to the nature or size of the office,
together with community facilities,restaurants and One Family 60 ft.
compatible residential uses. Two Family 60 ft.
B.Uses. Three or More 90 ft.
1. Uses Permitted. Lot Area Mobile Home Park 3 acres
Unit 1 City-Wide Uses by Right Minimum:
Unit 5 Government Facilities Lot Within a 4200 sq.ft.
Mobile Home Park
Unit 8 Single-Family and Two-Family
Row Houses:
Dwellings
Unit 12 Offices,Studios and Related Development 10,000 sq.
Services fr.
Unit 25 Professional Offices Individual Lot 2500
sq.ft
2. Uses Permissible on Appeal to Single Family 6000 sq.ft
the Planning Commission.
Unit 2 City-Wide Uses by Conditional Two Family 6500 sq.ft
Use Permit Three or More 8000 sq.ft
Unit 3 Public Protection and Utility Fraternity or 1 acres
Facilities
Sorority
Unit 4 Cultural and Recreational Land Area Mobile Home 3000 sq.ft.
Facilities Per Dwelling
Unit 9 Multi-Family Dwelling-Medium Unit:
Density Row Houses
Unit 10 Multi-Family Dwelling-High &Apartments:
Density
Two or More 1200 sq.fr.
Unit 13 Eating Places Bedrooms
1000 sq.fr.
C. Bulk and Area Regulations. One Bedroom
(Per Dwelling Unit for Residential Structures) 1000
sq.ft
Lot Mobile Home Park 100 ft. No Bedroom
Minimum
Width: Fraternity or 500 sq.ft.,
Sorority per
Lot Within a 50 ft. resident
H IUSERSICOMMONIDAWNTIREPORTSIPCII1-13-011vista.doc -- - --
Planning Commission
November 13, 2001
CUP01-28 Vista Health
Page 2.6
D. Bulk and Area Regulations/Setbacks.
Setback lines shall meet the following minimum
requirements.
From Street ROW 30 ft.
From Street ROW if Parking is 50 ft.
Allowed Between the ROW and the
Building
From Side Property Line 10 ft.
From Side Property Line When 15 ft.
Contiguous to a R-1,R-2 or R-3
District
From Back Property Line Without 25 ft.
Easement or Alley
From Center Line of Public Alley 10 ft.
E. Building Area. On any lot the area
occupied by all buildings shall not exceed 60%of the
total area of such lot.
F. Height Regulations. There shall be no
maximum height limits in R-O Districts,provided,
however,that any building which exceeds the height
of 20 feet shall beset back from any boundary line of
any R-1,R-2,or R-3 District an additional distance
of one foot for each foot of height in excess of 20
feet.
(Code 1991,§160.041;Code 1965,App.A,Art.
5(x);Ord.No. 1747,6-29-89;Ord.No.2414,2-7-78;
Ord.No.2603,2-19-80;Ord.No.2621,4-1-80)
H.IUSERSIC0MM0NIDA WNIIREP0RTSIPC111-13-011vista.doe
Planning Commission
November 13, 2001
CUPOI-28 Vista Health
Page 2.7
§161.13 DISTRICT C-1 NEIGHBOR- C. Bulk and Area
HOOD COMMERCIAL. Regulations/Setbacks. Setback lines shall
meet the following minimum requirements:
A. Purpose. The Neighborhood From Street ROW 50 ft.
Commercial District is designed primarily to
provide convenience goods and personal From Side Property Line None
services for persons living in the
surrounding residential areas. From Side Property Line 10 ft.
When Contiguous to a
B. Uses. Residential District
1. Permitted Uses. From Back Property Line 20 ft.
Unit 1 City-Wide Uses by Right
Unit 12 Offices, Studios and Related D. Building Area. On any lot the
Services area occupied by all buildings shall not
exceed 40% of the total area of such lot.
Unit 13 Eating Places
E. Height Regulations. There shall
Unit 15 Neighborhood Shopping be no maximum height limits in C-1
Unit 18 Gasoline Service Stations and District, provided,however, that any
Drive-In Restaurants building which exceeds the height of ten feet
shall be set back from any boundary line of
Unit 25 Professional Offices any residential district a distance of one foot
for each foot of height in excess of ten feet.
2. Uses Permissible on
Appeal to the Planning Commission. (Code 1991, §160.035;-Code 1965, App. A,
Art. 5(V); Ord. No. 1747, 6-29-89; Ord. No.
Unit 2 City-Wide Uses by 2603, 2-19-80)
Conditional Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
H:I USERSI COMMONI DAWN7I REPOR MPCII1-13-011 vista.doc
Planning Commission
November 13, 2001
CUPOI-28 Vista Health
Page 2.8
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (501) 442-9127 • FAX (501) 582-4807
DAVID L.JORGENSEN, RE., P.L.S. THOMAS HENNELLY, EE.
City of Fayetteville 9/04/01
113 W. Mountain
Fayetteville, AR 72701
ATT: Planning Dept.
Re: Vista Health
Vista Health is expanding their facility and on their behalf, we are requesting a
conditional use for installation of a residential care facility in R-0 zoning. This
conditional use request is made as per City ordinance.
The size of this residential care facility is approximately 18000 SF and will be just west
of the existing facility located at 4253 Crossover Rd.
Thank you.
Sincerely;
David L. Jor ensen, P.E.
Planning Commission
November 13, 2001
CUP01-28 Vista Health
• STRUCTURAL DESIGN 0 LAND DEVELOPMENT • WATER SYSTEMS • WASTEI Page 2.9
•
CUP01-28.00 VISTA HEALTH
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— CUP01-28 Vista Health
Page 2.11
Planning Commission
November 13, 2001
CUP01-28 Vista Health
Page 2.12
LSD 01-36.00
Page I
PC Meeting of Nov. 13,2001
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Vista Health,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: November 8,2001
Project: LSD 01-36.00: Large Scale Development(Vista Health, pp 138)was submitted
by Dave Jorgensen of Jorgensen&Associates on behalf of Vista Health for property located at
4253 Crossover Road. The property is zoned C-1,Neighborhood Commercial and R-O,
Residential Office containing approximately 9.44 acres. The request is to add a 30 bed medical
facility.
Findings: This project is an expansion of the existing medical facility. The request is for an
18, 281 square foot with 48 parking spaces. The existing facility has met the sidewalk
requirement. Additional right-of-way is being dedicated along Crossover Road.
Recommendation: Approval subject to the conditions listed below.
Conditions of Approval:
1. Planning Commission determination of a requested waiver to allow for a 33 foot parking
lot aisle located on the west side of the project. The requirement is for a 24 foot aisle. The
applicant is requesting the waiver in order to facilitate the turning radius needed for
delivery truck traffic.
2. Planning Commission determination of compliance with Commercial Design Standards.
§166.14 SITE DEVELOPMENT STANDARDS AND CONSTRUCTION AND
APPEARANCE DESIGN STANDARDS FOR COMMERCIAL STRUCTURES.
D.Design Elements Guidelines for Commercial Structures.
1. The elements to avoid or minimize include:
a. Unpainted concrete precision block walls.
b. Square "boxlike" structures.
c. Metal siding which dominates the main facade.
d. Large blank, unarticulated wall surfaces.
e.Large out of scale signs with flashy colors.
3. Planning Commission approval of the requested conditional use for a medical facility in
Planning Commission
November 13, 2001
LSD01-36 Vista Health
Page 3.1
LSD 01-36.00
Page 2
an R-O District.
4. 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)
5. 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.
6. Large Scale Development approval to be valid for one calendar year.
7. Approval of this project does not guarantee that sewer capacity will be available at the
time of construction.
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 October 17, 2001 Technical Plat review
and the November 1, 2001 Subdivision Committee meeting.
Discussion at the Subdivision Committee meeting included Commercial Design Standards and the
Conditional Use request.
The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission
subject to all staff comments.
INFRASTRUCTURE:
a) Water will be extended to provide additional fire protection.
b) Sanitary sewer. Existing
Planning Commission
November 13, 2001
LSD01-36 Vista Health
Page 3.2
LSD 01-36.00
Page 3
C) Streets. Existing.
d) Grading and Drainage. A preliminary grading plan and drainage report has been submitted. A
final plan and report will be required prior to beginning construction.
PLANNING COMMISSION ACTION: yes Required
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
November 13, 2001
LSD01-36 Vista Health
Page 3.3
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 FAYETTEVILLE, ARKANSAS 72703 • (501) 442-9127 • FAX (501) 582-4807
DAVID L.JORGENSEN, P.E., P.L.S. THOMAS HENNELLY, P.E..
October 18, 2001
City of Fayetteville
113 W. Mountain Street NN�NG pOV
Fayetteville, AR 72701 1p1�+
Attn: Planning Dept.
Re: Vista Health Aisle Width Waiver
Vista Health is requesting a waiver for an aisle width greater than 24'. The request is to
build an aisle 33' wide to allow for delivery trucks that will be using the drive.
Please call concerning any questions you may have.
Thank you.
Sincerely; —
Christopher B. Brackett,P.E.
Planning Commission
November 13, 2001
LSD01-36 Vista Health
• STRUCTURAL DESIGN • LAND DEVELOPMENT •. WATER SYSTEMS • Page 3.4
•
1S801-36.00 VISTA HEALTH
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Page 3.6
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Sara Edwards, Associate Planner
THRU: Tim Conklin, City Planner
DATE: April 19,2001
AD 01-11.00: Administrative Item (Dandy, pp 524) was submitted by Brian Dandy and Robert
Schmitt for property located on lots 1,2, & 3 of City Addition. The property is zoned R-2,
Medium Density Residential. The request is to build multi-family units on two lots without
street frontage.
Findings: The applicant is requesting a waiver of the requirement that all new structures be
located on a lot which has frontage on a public street. Recently, a property line adjustment has
been approved for this property which decreased the number of lots from three to two. Each lot is
approximately .5 acres. Currently,the property has frontage on undeveloped city owned right-of-
way for the extension of Center Street. The right-of-way for Center Street in this location runs
parallel to Fletcher Street. At this time staff feels that the both the topography and the location of
the intersection prohibit the construction of Center Street in this location.
Recommendation: Approval subject to the Planning Commission finding that the conditions
below have been met.
Conditions to Address/Discuss:
1. In order to grant the requested waiver the Planning Commission must make findings with
regard to the following:
The property owner shall make safe and convenient access for fire protection and
sanitation vehicles.
All structures shall be located on lots as to provide safe, convenient access for servicing,
fire protection, and required off-street parking.
2. The density shall be limited to six units per lot.. The applicant is proposing to construct one
six-plex on each lot. The density allowed in an R-2 zone is twenty four units per acre by right.
This equals approximately 12 units per lot.
3. Each lot shall be required to go through the large scale development process. Any approval
with regard to a variance for street frontage shall not be considered an approval of site design.
Planning Commission
November 13, 2001
ADM01-11.10 Dandy
Page 4.1
0 0
This project will be reviewed by applicable City staff and further conditions or revisions will be
required.
Relevant Code Sections:
§164.05 STRUCTURES TO HAVE ACCESS. Every building hereafter erected or moved
shall be located on a lot which has frontage on a public street;provided,the Planning
Commission shall have the authority to waive this requirement where the property owner
provides safe and convenient access for fire protection and sanitation vehicles. All structures
shall be so located on lots as to provide safe and convenient access for servicing, fire protection,
and required off-street parking.
CHAPTER 151:DEFINITIONS
Lot. (Zoning) A parcel of land of at least sufficient size to meet minimum zoning requirements
for use, coverage and area, and to provide such yards and other open spaces as are herein
required. The term includes the words "plot' or"parcel'. Such lot shall have frontage on an
improved public street, and may consist of-
A.
£A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of
lots of record, or of portions of lots of record;
D. A parcel of land described by metes and bounds; provided that in no case of division
or combinations shall any residential lot or parcel be created which does not meet the
requirements of the Zoning Regulations, Chapter 167.
§161.06 DISTRICT R-2 MEDIUM DENSITY RESIDENTIAL.
A. Purpose. The High Density Appeal to the Planning Commission.
Residential District is designed to permit Unit 2 City-Wide Uses by Conditional
and encourage the developing of a variety of Use Permit
dwelling types in suitable environments in a
variety of densities. Unit 3 Public Protection and Utility
Facilities
B. Uses. Unit 4 Cultural and Recreational
1. Uses Permitted. Facilities
Unit 1 City-Wide Uses by Right Unit 11 Mobile Home Park
Unit 8 Single-Family Dwellings Unit 25 Professional Offices
Unit 9 Multifamily Dwellings - C. Density.
Medium Density
Families Per Acre 4 to 24
2. Uses Permissible on
Planning Commission
November 13, 2001
ADM01-11JO Dandy
Page 4.2
D. Bulk and Area Regulations. Fraternity or 1,000 Sq. Ft.per
1. Lot Width Minimum. Sorority Resident
Mobile Home Park 100 Feet
Lot within a 50 Feet E. Yard Requirements (feet).
Mobile Home Park FRONT SIDE REAR
YARD YARD YARD
One Family 60 Feet
Two Family 60 Feet 25 8 25
Three or More 90 Feet Cross Reference: Variances Chapter 156.
Professional 100 Feet F. Height Regulations. Any
Offices building which exceeds the height of 20 feet
shall be set back from any side boundary
2. Lot Area Minimum. line an additional distance of one foot for
Mobile Home Park 3 Acres each foot of height in excess of 20 feet.
Lot Within a 4,200 Sq. Ft. (Code 1991, § 160.033; Code 1965, App.
Mobile Home Park A,Art. 5(III); Ord. No. 2320, 4-5-77; Ord.
Row House: No. 2700, 2-2-81)
Development 10,000 Sq. Ft.
Individual Lot 2,500 Sq. Ft.
Single-Family 6,000 Sq. Ft.
Two-Family 7,000 Sq. Ft.
Three or More 9,000 Sq. Ft.
Fraternity or 2 Acres
Sorority
Professional 1 Acre
Offices
3. Land Area Per Dwelling
Unit.
Mobile Home 3,000 Sq. Ft.
Apartments:
Two or More 2,000 Sq. Ft.
Bedrooms
One Bedroom 1,700 Sq. Ft.
No Bedroom 1,700 Sq. Ft.
Planning Commission
November 13, 2001
ADM01-11.10 Dandy
Page 4.3
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LEGAL DESCRIPTION: (LOT ill
LOT I OF CITY ADDITION To THE CITY OF FAYETTEVIUA ARKANSAS AND FAYETTEVILLE, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;BEGINNING AT THE HE
CORNER Of SAID LOT 1 THENCE N89'5730'W 63.60 FEET, THENCE LEGAL DESCRIPTION: (PARCEL A)
S0157'00'W 247.26 FEET. THENCE N89.58.56-E 63.61 FEET, THENCE
N01"06'577 247.19 FEET TO THE P.O.B.;CONTAINING 0.36 ACRES MORE OR LOT 1 AND PART OF LOT 2 Of CITY ADDITION TO THE CITY OF
LFSS. FAYETTEYILLE,ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS
LEGAL DESCRIPTION: (LOT M2) FOLLOWS:BEGINNING AT THE NE CORNER OF SAID LOT 1 THENCE
1489'57'30V 94.26 FEET, THENCE S0158'05V 247.29 FEET, THEME
LOT 2 Of CITY ADDITION TO THE CITY Of FAYETTEVILLE.ARKANSAS AND N89158'567 94.34 FEET, THENCE N0)5657'E 247.19 FEET TO THE
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE HE P.O.B.;CONTAINING 0.54 ACRES MORE OR LESS.
CORNER OF SAID LOT 2 THENCE N8957.30'W 62.42 FEET, THENCE LEGAL DESCRIPTION: (PARCEL B)
SOI-07'59'W 247.32 FEET, THENCE N89°58'56'E 62.49 FEET, THENCE
NOPOTOOE 247.26 FEET TO ME P.O.B.;CONTAINING 0.35 ACRES MORE OR PART DF LOT 2 AND PART OF LOT J Of CITY AGDITION TO THE CITY -
LESS. OF FAYEYYEYILLE,ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED
LEGAL DESCRIPTION: (LOT•JJ AS MUD".BEGINNING AT THE NW CORNER Of SAID LOT 3 THENCE
SOI-09'13'W 211.37 FEET, THENCE S26°26'457 40.22 FEET, THENCE
PART OF LOT 3 OF CITY ADDITION TO YNE CITY Of FAYETTEWLLE, N99°58'56'E 75.71 FEET, THENCE N0158105T 247.29 FEET. THENCE
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING N89°57'30'W 94.26 FEET TD WE P.O.B.;CONTAINING 0.53 ACRES
AT ME NW CORNER OF GAIN LOT J THENCE SOI-09'13'W111.37 FEET, MORE OR LESS.
TNExCE S262645E 40.22 PEET. THENCE N89-58167 43.95 FEET,
THENCE N01°07'69T 247.32 FEEL THENCE N8957.30'W 62.50 FEET To
THE P.O.B.;CONTAINING 0.35 ACRES MORE OR LESS. -
JORGENSEN & ASSOCIATES, INC.
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4�`STATE
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FAYETTEVILLE,AR 72703
O mceuruRc `�\ PH 501.442-8127 FAX 501.582,4807
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�'oL .... LOT LINE ADJUSTMENT FOR BOB SCHMITT Planning Commission
November 13, 2001
ADM01-11.10 Dandy
Page 4.4
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8264
ENGINEERING DIVISION CORRESPONDENCE
TO: Planning Commission Members Q
FROM: Ron Petrie P.E., Staff Engineer
DATE: April 23, 2001
SUBJECT: Dandy Administrative Item (AD 01-11.00)
The Engineering Division received a complaint that grading was occurring on Lots 1, 2 & 3 City
Addition on April 5, 2001 which is the site of this Administrative Item. The City Engineer and
myself immediately drove to this location and found that several trees and underbrush had
already been cleared on the site and that the only grading that had occurred was incldentalto the
tree removal. All of this work was completed before we arrived on the site. At the time,we
recommended that a silt fence be installed on the downhill side of the property to help prevent
sediment from being deposited onto the adjacent properties and to contact our office before any
additional work is started. The silt fence was promptly installed as recommended.
At the time, we were told by Mr. Schmitt that only one duplex would be constructed on each lot
which would exclude these projects from having to comply with the Land Alteration Ordinance
and the Stormwater Management Ordinance. However,the applicant has recently submitted
plans that show a six-plex for each lot for a total of 12 units.
If the duplexes are built as these plans show, both the Land Alteration Ordinance and the
Stormwater Management Ordinance will apply to these developments and the developer is
technically in violation of the Stormwater Management Ordinance at this time. In Section
163.04(B) of this ordinance, it states, "All construction grading, clearing,filling,or remodeling
activities shall have a Stormwater Management,Drainage, and Erosion Control Permit approved
before a building permit is issued or subdivision is approved...." .
The attached letter has been sent to Mr. Robert Schmitt to notify him of this violation and future
requirements if he is to proceed with this project.
Planning Commission
November 13, 2001
ADM01-11.10 Dandy
Page 4.5
FAYETTEV,LE
THE CITY OF FAYMEVILLE,ARKANSAS -
April 23, 2001
Mr. Robert Schmitt
11446 Mt. Springs Drive
Fayetteville,Arkansas 72701
Re: City Addition,Lots 1,2 & 3
Dear Sir:
The purpose of this letter is to document our previous conversations in regard to the recent
clearing of trees & ground cover and to notify you of future Engineering Division requirements
on this potential project at the above location.
On April 5, 2001 the Engineering Division received a complaint that grading work is occurring at
this location. The City Engineer and myself immediately drove to the location and found that
several trees and underbrush had already been cleared on the site and that the only grading that
had occurred was incidental to the tree removal. All of this work was completed before we
arrived at the site. At the time,we recommended that a silt fence be installed on the downhill
side of the property to help prevent sediment from being deposited on downstream properties and
to contact our office before any additional work occurs on the site. The silt fence was promptly
installed as recommended.
At the time,the Engineering Division was notified that only one duplex would be constructed on
each lot. Since that time, a site plan was submitted to the Planning Division which shows that
three duplexes would be constructed on each lot for a total of 12 units. Because of this fact,the
one duplex exemption in the Land Alteration Ordinance and the Stormwater Management
Ordinance would not apply to these projects and technically you are currently in violation of the
Stormwater Management Ordinance. Therefore,prior to beginning any additional work onsite,a
grading plan and drainage report must be submitted and approved by our office for each lot if
these projects will remain separate.
.Please feel free to call me at 575-8206 if you have any questions.
Sincerely, c
Ronald S. Petrie, P.E.
Staff Engineer
fax& mail (527-6459) Planning Commission
November 13, 2001
ADM01-11.10 Dandy
Page 4.6