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HomeMy WebLinkAbout2008-03-10 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, March 10, 2008, 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. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE It' 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. 2008 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo 1• a e rre 1'�TARKANSAS e TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, March 10, 2008, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the February 25, 2008 meeting. 2. VAC 08-2930: (WILMOTH / WELLSLEY PLACE, 409): Submitted by DAVE JORGENSEN for property located at 1609 WELLSLEY PLACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The request is to vacate a portion of the utility easements on the subject property. Planner: Dara Sanders Unfinished Business: 3. ADM 08-2938: (PRATT PLACE INN, 481): Submitted by JULIAN AND JANE ARCHER for property located at 2115 W. Markham Road. The property is zoned C-PZD and contains approximately 72.00 acres. The request is to amend the zoning criteria to allow certain freestanding signs, which are not the required monument signs. Planner: Jesse Fulcher 4. CUP 08-2908: (VAUGHN RECYCLING CENTER, 562): Submitted by BATES & ASSOCIATES for property located at 1246 S. SCHOOL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.94 acres. The request is to operate a center for the collection of recyclable materials. Planner: Dara Sanders New Business: 5. CUP 08-2921: (RAMEY, 363): Submitted by AMY & WALTER RAMEY for property located at 2101 ALPINE AVENUE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.39 acres. The request is for an in-home daycare facility. Planner: Dara Sanders 6. ADM 08-2943: (MATHIAS BOX AVENUE, 372): Submitted by H2 ENGINEERING for property located on BOX AVENUE, N AND E OF MISSION AND CROSSOVER. The request is for a modification to CUP 07-2749 (Mathias) regarding the widening of Box Avenue. Planner: Jesse Fulcher 7. RZN 08-2913: (JB HANNA, LLC, 715/676): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 1-540 AND FULBRIGHT. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 14.27 acres. The request is to rezone the subject property to C-2, THOROUGHFARE COMMERCIAL Planner: Jesse Fulcher 8. CUP 08-2922: (VERIZON WIRELESS/RUPPLE RD., 400): Submitted by TRACY WOODEN for property located at 1363 N. RUPPLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.11 acres. The request is for a wireless communication tower. Planner: Jesse Fulcher 9. ADM 08-2941: (HOSKINS PARKLAND VARIANCE): Submitted by Tracy Hoskins, requesting a variance from the parkland dedication contribution formula, pursuant to Ch. 156.03, Variances. Planner: Jeremy Pate All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. a. Neville 4 ARKANSAS PC Meeting of March 10, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: March 5, 2008 125 W. Mountain St. Fayetteville, Alt 72701 Telephone: (479) 575-8267 VAC 08-2930: (WILMOTH / WELLSLEY PLACE, 409): Submitted by DAVE JORGENSEN for property located at 1609 WELLSLEY PLACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.20 acres. The request is to vacate a portion of the utility easements on the subject property. Planner: Dara Sanders Findings: Property Description and Background:: The subject property is located on a cul-de-sac, Wellsley Place, northwest of Mission Boulevard. There is an existing 25' utility easement and setback located at the front of the subject property, adjacent to Wellsley Place and a 10' drainage and access easement located along the west property line. Currently, the structure encroaches 10' into the front setback and utility easement and 3' into a portion of the drainage easement. Board of Adjustment approval of a variance from the front setback requirements of the RSF-4 zoning district is required, in order to create a conforming structure. A building permit was issued in June 2003 for a single family house and garage, containing 1,932 square feet, with a front setback of 25', a rear setback of 20', and two side setbacks of 8'. However, the house was constructed 15 feet from the public right-of- way with a wood deck located at the rear of the structure for a total of 2,196 square feet. Evidently, after approval of the building permit, a deck was added to the rear of the house, thereby pushing the house forward into the front setback and utility easement. The applicant purchased the subject property in 2004 without knowing that the structure was nonconforming. Request: The applicant is requesting to vacate 10 feet of a utility easement along the north side of the property and 5 feet of a drainage easement from the public right-of-way south 30 feet, for a total area of 643 square feet to be vacated, in order to bring the existing structure into conformance with City code. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. K:\Reports\2008\PC Reports\05-March 10\VAC 08-2930 (Wilmoth).doc March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wensley Place Agenda Item 2 Page 1 of 18 UTILITIES RESPONSE Ozarks Electric No Objection Cox Communications No Objection Southwestern Electric Power Company No Objection Arkansas Western Gas No Objection AT&T Arkansas No Objection CITY OF FAYETTEVILLE• RESPONSE Water/Sewer No Objection Transportation No Objection Solid Waste No Objection Public Comment: Staff has not received public comment. Recommendation: Finding that the current location of the structure hasnot adversely affected the surrounding properties since its construction in 2003, basedon no history uf `. complaints filed and a site visit conducted, staff recommends forwarding VAC 08-2930 to the City Council with a recommendation of approval with the following conditions of approval: 1. Any redevelopment or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 0 Forwarded 0 Denied 0 Tabled Date: March 10, 2008 Motion: Second: Vote: K:\Reports\2008\PC Reports\05-March 10\VAC 08-2930 (Wilmoth).doc March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 2 of 18 LECENEP • FOUND IRON PIN o SET IRON PIN o UTILITY PEDESTAL • WATER METER • GAS METER a SEWER CLEAN OUT CENTERLINE STREET BUILDING SETBACK & U.E. CURB 8 GUTTER SIDE 8 REAR BUILDING SETBACK EXISTING WOOD FENCE 0 0 0 GAS LINE TELEPHONE LINE WATER SERVICE LINE E ELECTRIC LINE FLOOD NOTE: THIS PROPERTY /S NOT AFFECTED BY THE 100 YEAR FLOOD PLAIN AS PER FIRM 05/43C0084D DATED 7/21/99. LEGAL DESCRIPTION: LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. / / L 74/0' THIS /S TO CERTIFY THAT THE ABOVE SURVEY WAS PERFORMED UNDER MY SUPERVISION AND ALL CORNERS WERE SET AS SHOWN ON THE PLAT AND TO 7115 BEST OF MY KNOWLEDGE ARE CORRECT. DA V� JOJO GENS 1118 0471' a W EX. 4' SIDEWALK PROP. PORTION OF EASEMENT TO BE VACATED EX. 20' DRN 8 ACCESS EASEMENT P.O.B. w• M 11 n n M n ELETRIC PED. CABLE PED. TELE. PED. CONCRETE DRIVE 1 PROP PORTION •F SETBACK 8 U.E. TO BE VACATED 06' N86°40'45111157.13' • S03'25'42"W 20.00' N86'40145'W 51.34' LEGAL DESCRIPTION OF EASEMENT AND SETBACK AREA TO BE VACATED: PART OF LOT 4 OF MISSION PLACE SUBDIVISION IN FAYETTEVILLE. ARKANSAS AS PER PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CIRCUIT CLERK AND,EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SW CORNER OF SAID LOT 4 THENCE S86 40'45'E 5.71 FEET, THENCE N32°I3'09W 105.73 FEET TO THE P.O.B., THENCE N3213'09W 30.00 FEET, THENCE ALONG A CURVE TO THE LEFT 5.06 FEET, SAID CURVE HAVING A CHORD BEARING OF S66°4/'I5E 5.06 FEET AND A RADIUS OF 48.50 FEET, THENCE S32'13'09%115.25 FEET, THENCE ALONG A CURVE TO THE LEFT 47.80 FEET, SAID CURVE HAVING A CHORD BEARING OF 588°24117'E 46.68 FEET AND A RADIUS OF 63.50 FEET, THENCE S13°17'11%111.65 FEET, THENCE ALONG A CURVE TO THE RIGHT 50.53 FEET, SAID CURVE HAVING A CHORD BEARING OF N85°17'46'W 49.54 FEET AND A RADIUS OF 73.50 FEET, THENCE S3213'09'W 5.42 FEET, THENCE N57°46'5PW 5.00 FEET TO THE P.0.8.; CONTAINING 643 SQUARE FEET MORE OR LESS. ARKANSAS ,`.A NO. 1118 d J% JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 24 WE.STSUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479)442.9127 • FAX 4479)5824807 SCALE: I"=30' DATE: Z5JAN08 DATE REVISED 28FEB08 CHECKED BY: DLJ DRAWN BY: JCN ✓:ILOTSI20070961MALEA PROPERTY SURVEY FOR RICHARD & NORMAJANE WILMOTH March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 3 of 18 VAC 08-2930 (Wilmoth) March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 4 of 18 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SU11 E 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 DAVID L. JORGENSEN, P.E., P.L.S. November 26, 2007 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Attn: Planning Commission Re: Request for variance & easement vacation on parcel #765-22915-000 Dear Sir/Madam; Please find herewith a variance application, check, and a copy of a current survey depicting the subject property and proposed variance for shown setbacks and easements. The current structure has been built within the drainage easement to the west, and within the front building setback & utility easement to the north of the structure. The owners of the property are requesting to have the setback and easement requirements reduced to accommodate the existing structure. Please call concerning any questions you may have. Sincerely; f Jar&! Nichols, E.I. RECEIVED FEB 12 2008 ENGINEERING llcVmm,s°os VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURV N 0 l8 FEB -13-2008 WED 12:41 PM 02/12/2007 12:51 FAX 4795829807 JORGENSEN & ASSOC UT7[JTY APPROVAL FORM FOR RIGHT- Op- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date; Utility Company Applicant Name; SorPxtst° fF d, ocirbes REQUE 7 D �_—' ,-„APPlicant Phone; E VACATION (applicant must check all thatapply): rxi Utility Easement RJghtof.way for they or streets and all utility easements located Within the vacated right- of- way. E Alley QStreet right-of-way I have been notified of the pennon to veeate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document-mustbe completed's) (ATTACH lagal description and graphic representation of what is being vacated -SURVEY) U HL CPY COMPANY COMMENTS; No objections to the vecat)on(s) described above, nNo objections to the vacation(s) described above, provided following deseriaed easements are retained. (State the location, dimensions, and purpose below.) P. 01 fm 003 479)W -9127 No objections provided the following conditions are met 4 /� Purim' r�•_ party Representative Signature of Utility C • March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 6 of 18 Jan. 30. 2008 1:27PM • UTILITY APPROVAL POEM POR RIGHT; OF-; WAY; ALLEY AND UTILITY EASEMENT VACATIONS nate: b//30/0 Utilitycompanyc ,4EP / s 1.l&P co No. 4502 P. 2 Applicant Name: 30tttA(SE,V. t/4SSOC'IA.TEs Applicant Phone! 442-9)27 REQUESTED VACATION (dppliamt must check all that apply): Utility Easement i' Right-of-way for alley of streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location! Address (ieferring,to attached document- must be completed''') / 4, 05 Vat ` S L G y P(-, (ATTACH legal description and graphic representation of what is being vacated -SUR VEY) UTILITY COMPANY COMMENTS: No objections to the vacations) desc$ibed above. Noobjections to the vacation(s) described above, provided foUowing described eaenments are retained. (State the location, dimensions, and purpose. below.) No objections provided the following conditions'ke met: LA .AOCGl3x Signature.cf Utility Company Repregentative R/GN7-OF -1ili )con - Title March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 7 of 18 UTIkIT'Y AltftQVAL FORM FOR RIOT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date:tJtht ComPanr A ILK A Ns SA 5(:teL;, GAS Applicant Name: girt 14414.0 NOfi,,A44 3,4,vg (...)„,.fr, pro Applicant Phone: REQUESTED VACATION (applicant insist check all that apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. X Alley Street tight -of -way I have been notified of the petition to vacate the following (a(ley, easement, right-of-way), described as follows: Denetal 10eation / Address (referring to attached document- mast be completed', OilTACH legal des p on and raPhic rcroentation of what is being vacated -SURVEY) trattrz-comPANy COMMENTS: No 'objections to the vacation(s) described above_ No objections tothe vacation(s)described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signatitrecif Utility CoMparty presentative LeErtf v., 64 s s- s nay., r 0 i• TItk 1 March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 8 of 18 Date: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Utility Company:. Applicant Name: k dminemla rA oiais Applicant Phone: REQUESTED VACATION (applicant rnust check alt tha Utility Easement Right-of-way for alley orstreets and all utility easements located within the vacated sight of- way. apply): Alley Street right-of-way I have been notified of the petition to vacatethe following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed*") (ATTACH legal description and graphic representation of what is betngvacn ted -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above: No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: tu�Utility Utility Representative Title March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 9 of 18 12/28/2007 FRI 13:31 FAX 479 684 4730 WATER & SEWER UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: — 2 ea — t97 Utility Company: -e :Lk) j I Le, Applicant Name: Sor(4ee ylsn 4 ,4s"t f ccf4 s REQUE TED VACATION (applicant must check all that apply): et SeA.)4.41— Applicant Phone: (y14) 911-9127 Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- ef- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. 1 J No objections to the vacation(s) described above, provided following descried easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility C Representative �sVwtar Slaw •.,r CPc Title 001 March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 10 of 18 12/14/2007 13:01 FAX 4794443490 Date: COF TRANSPORTATION DIVIS UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND U)riLI-nt EASEMENT VACATIONS Utility Compan G'"\` t 1.L T/ 17(�(/.-�- Applicant Name: Sof4PA15 t A-SSocrafts REQUE$T€D VACATION f Japplicant must check all that apply): X1 1 Applicant Phone: U002 (TR)9 Z-9127 Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated-SLIRVEY) UTILITY COMPANY COMMENTS: 17V No objections to the vacation(s) described above, iiY "' No objections to the vacation(s) described above, provided following descried easements are retained, (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Sign re . tility Company Representative .<126,98).0"1- rT, 1 (/ "^-3 en of 1�b6 7- 3 07 March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 11 of 18 02/12/2007 12:37 FAX 4795824807 Date: JORGENSEN & ASSOC UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 2/l3�Df} r - Utility Company: j �e4+ty ilk- So `j 4 \0lS-k tI VIs(ovl Applicant Name: Sorjense,. i /45f oCja'1''Gs Applicant Phone: (91(099 Vitt -1 REQUESTED VACATION (applicant must check all that apply): [ Utility Easement 1 J WI 1 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: Genera) location / Address (referring to attached document- must be completed") (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: XjNo objections to the vacation(s) described above. uNo objections to the vacation(s) described above, provided following descriaed easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility `rompany Representative TiCo 1' 7'tr� �x �C March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/WellsleyPlace Agenda Item 2 '• Page -12 of 18 BUILDING PERMIT APPLICATION City of FayettwllN Inspection DIvWm - - 113 WW Maintain Street - FaysttMIM; AR 72701 Phone 479-5764233 Faso 479-6754318 /I? Dat. submitted: 6e 3/U 1 Penn* Y: vua:a VDU VIuy Review Routing & Approval DIVISION COPY TO: Ms OK APPROVAL DATE Planning Engineering Landsoap. / SITE ADDRESS'_gie O ' k 4f4yk1 d��', Sabi waw. Zone: -I Lot_ Biook:_Subdhdala : A1; 5,b.. PP/.. -t Fin SeC-Twn-Rng: Plat Par#: inepoctaa EN : E Lr wJi1/. ca// 72-70 HO 5.1(- -__-_--__pi Tr. . . RS ave ii ' . _1. ,d. Co x z a - —6 . / z t 3' R 'Canna %haw. Etc 0.11: // 4/ re 3r--L7z a.-Lzs2 35-tr7z Sas Cadmic!. µmein 3 Limas DPM:.. 050 re ! , vg. wows: "......d R..pred Wmib A» rYth au sta. aMYna. seal Wort ' _yLNEW —ADDITION ^ALTERATION _REPAIR _MOVING _ DEMOUT1ON FOOOTNG ONLY _ EXTERIOR ONLY — TENANT FINISH _ DESIGN/BUILD OTHER Residential: ✓Single Family — Multifamily, Condo's (No. of units: ) ' Townhouse w/zro tet Itna Other Valuation awork Building Intention 1 _ Building: i 7-5 (l00 # or&dµ c: 1 Sum Total Area 10'13 Z sq. n Electrical: $ IC vCnJo Haight _ILL_ Taal Heated/Cooled: P405 - sq. n Plumbing: i -5 Jdd0 Lyth: „tit__ Tar Unheated: Y 5 9 sq. It M chrtlatt i w • &o width: Y6 . AddlAlt. Amt 10 S sq. n Mac.: $ 25) uoa Slab Floor. k:TY _ N Basement sq. ft. Tatal: $_1 2%, OO O Structure; Wood ✓Metal_ Masonry! Foam Fam_ Other Building will comply with Arkansas Energy Code R utrem.nts (Yee/NA): - Y Wall Insulalatlat Type: Batt ✓ Ceilubs. _ Is a retaining wall to b. constructed? (YWNo): Engineering Approval:_ Is Woad sits greeter than 5%7 (YesMo): Engineering Approval:_ Flood PWn7(YWNal::Bass Flood Mondial' :Lowest Floated Floor: PWuil g Approval: Public Saxer, Y _N AR. Plbg. Approval tWash. Co. 8aptle Apprwd t DESCRIPTION OF WORK: A/E IA — LE rt /fF.v77li 1. ScN ,G 0 14/4 Y " /6 (9 o ak /t Use of Bulldlny: Previous Use: OFFICE USE FOR PLAN REVIEWERS. ONLY: Construction Typt Max. Occupancy Load: Pnoc.cdan (hours): Occupancy Group: Fin Zona Sprbhtlaed: Y: N: NOTICE SEPARATE PERMJTSARE REQUIRED FOR ELECTRICAL, PLUMBING, GAS, MECWVlICAL, AND SIGNS. . . THIS. PERMIT BECOMES NULLAND VOID IF WORK/CONSTRUCTION AUTHORIZED 18 NOT COMMENCED WITHIN 6 MONTHS, OR IF WORK/CONSTRUCTION 18 SUSPENDED OR ABANDONED FOR A PERIOD OF 8 MONTH. I herby certify that I have read and examined this application and Www the woe to be true and ranect. All provisions of law and ordinances gowning this type c4 wont will be complied with whether specBod Main a not. The granting of • pant does not presume to give authority to vallate or can csl the provisions of any other state a local law regulating eonstnciion or the performance aconstruction. Revised on 11/072002 psSt.d work may novae code vlaatlrna not discovered during plan review. Pennttap plication.frm.122 March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 - Page 13 of 18 APPLICATION FOR CERTIFICATE OF ZONING COMPLIANCE o903-0(Q?a The applicant must provide a site plan, drawn to scale, showing setbacks and measurements from overhangs on all proposed structures, existing structures, utility easements, off-street parking, driveways, landscaping and other_proposed permanent improvements like pools, hot tubs, heating or a.c. units, decks, carports, etc. The distance from any proposed structure to -property lines must be clearly indicated- Floor plans may be required for certain uses to verify zoning tom pllance. NOTE: Propero' Ilan can be atturotely determined only by survey. The street is not the frost t property Una SECTION (A) ZONING REQUIREMENTS: q7` •PROPERTY ZONED: -. ( - SITE ADDRESS: _ (7�° `/O � 1,1...-e1447 •PROPERTY OWNER: rTrPHONE: .% Lt' (% SO -PROPERTY OWNER'S ADDRESS: /7'i7 NA C-d/few __ CITY: F`v, jc_ STATE:.! Z1P: J2-7¢7 -NUMBER OF DWELLING UNITS: ( • 1S THIS PROPERTY SUBJECT TO RESTRICTIWE COVENANTS? YES t- NO 9F YES, HAS THE APPROPRIATE REVIEW BOARD APPROVED THIS PROJECT? YES ✓ NO •NOTE: THE CITY DOES NOTENFIJRCE RESIRICI7I'E COVENANTS. 77USINFORMATIONISFOR NOTIFICA770N PURPOSESONLY. THOSE NOT APPLYING FOR A BUILDING PERAfIZ PLEASE CONTINUE TO SECTION (2 OTHERWISE COZvf7JETE HAIIREEAPPLICATION -20 •Sf AT V USED FOR SITE PLAN: •PROPOSED BUILDING HEIGHT: 1 gy SECTION (M BUILDING SETBACKS: • •ARE THERE OTHER STRUCTURES EXISTING ON THE LOT? YES NO If yes, please describe: *SETBACKS: NORTH: SOUTH: EAST: WEST: PROPOSED: FOR OFFICIAL USE ONLY: MINIMUM: COMMENT: 2S t 20 c r 73 SECT/IIAOI�I11(/JC)/p/PUBLIC REO REMENTS: •PUBLIC SIDEWALK: A sidewalk is required along "�✓e e 5l /lfl`/ str egs) and constructed in accordance to specifications in the City's Street and Sidewalk Ordinance. *ADDRESS NUMBERS: No permanent water meter will be set until permanent a ress numbers (visible from the street and at least 4' high) are installed on the structure. House numbers may not be changed without approval from the Water Depanntent • DRIVEWAYS: Driveways must be paved with hot mix asphalt or concrete and must be surfaced for a minimum of 12 'A feet into the property. • OFF-STREET PARKING: The parking area(s) must be strived into a minimum of spaces of size of these spaces, shall be ADA accessible including for van accessibility, and shall include accessible ramps where needed. You must also prgvide curbs, bumper guards or wheel stops so that no pan of a parked vehicle extends beyond the boundary of the parking lot -SPACES REQUIRED: - *SPACES PROVIDED: z -DO YOU SHARE PARKING WITH ANY OTHER BUSINESS? Y NO If yes, please explain in writing. - SECTION (D) ADDITIONAL REVIEWS & APPROVAL DATES: BOARD OF ADJUSTMENTS: - LARGE SCALE DEVELOPMENT: PLANNING COMMISSION: LOT SPLIT: SECTION (E) NON-RESIDENTIAL REOUIREMENTS: • BUSINESS NAME* •NAME ON LEASE: • HOME ADDRESS: 'INTENDED USE OF STRUCTURE: BUSINESS PHONE: HOME PHONE: - - ZIP: CITY: STATE:. PREVIOUS USE OF STRUCNRE: •IS THE STRUCTURE VACANT? YES NO If ms, bow Ions bas the structure been vacant? -IS THE BUSINESS A HOME OCCUPATION? YES NO If yes, provide: permit ID 1: PC approval dam: •DOES THE USE REQUIRE AN MR PERMIT FROM THE ARKANSAS DEPARTMENT OF ENVIRONMENT QUALITY? YES If yes, please -provide a copy of the permit -DOES THE USE PRODUCE AN ODOR? - YES NO If yes, please describe the odor. • NUMBER OF EMPLOYEES: • •OUTDOOR STORAGE OF MATERIAL AND/OR EQUIPMENT? YES NO If yes, please describe: *SQ. FT. OF TOTAL BUILDING: SQ. FT. OF YOUR BUSINESS: - SQ. FL OF EXPANSION: NO FOR OFFICIAL USE iNLY• PROPERTY ZONED: 1 PARCEL NUMBER: PLAT PAGE:070e LOT:__ BLOCK:_ PHASE: USE UNIT: — _' INCLUDED USE(S): e § 161.02 CERTIFICATE OF ZONING COMPLIANCE NONCONFO NOTES: CERTIFICATE NUMBER:_ 1/0 /� - SUBDIVISION: 1A4C45f G SECTIONS: tO VADAS$930 Wilmoth/Wellsley Place h 10, 2008 Plann nt7'f`nu-omission nyenua item t Page 14 of 18 FROM 111:67 (MON)APR 28 2003 9:09/81. 0:07/N0.6307170948 P 3 C .367 AC) 1577 20BLDG. SE 56.51' N 86°4 5" E Q^ r J DETENTION POND AREA�241 �0 M1Ssros Pc -AGE March 10, 2008 u q Planning Commission NRi�08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 15 of 18 VAC08-2930 Close Up View WILMOTH/WELLSLEY PLACE Overview March 10, 2008 0 10 20 a0 60 80 Planning Commission FeeVAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 rib a 1Cef18 Overview Legend Subject Property I:F>; March 10, 2008 Planning Commission VAC 08-2930 Wilmoth/Wellsley Place Agenda Item 2 Page 18 of 18 a LuvlASle ARKANS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: March 6, 2008 PC Meeting of March 10, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 08-2938: Administrative Item (PRATT PLACE INN C-PZD 05-1670, 481): Submitted by JULIAN AND JANE ARCHER for property located at 2115 W. Markham Road. The property is zoned C-PZD and contains approximately 72.00 acres. The request is to amend the zoning criteria to allow certain freestanding signs, which are not the required monument signs. Planner: JESSE FULCHER BACKGROUND The subject request was tabled at the request of the applicants at the previous Planning Commission hearing on February 25, 2008. Property Description and Background: The subject property consists of approximately 72.00 acres located at 2115 W. Markham Road. The Fayetteville City Council approved C-PZD 05-1670 (Pratt Place Inn) on November 1, 2005 for zoning and land use approval of a commercial development with an inn, restaurant, cabins and accessory structures. The development consists of three (3) Planning Areas, with all commercial development restricted to Planning Area 1. Planning Area 2 and 3 are restricted to agricultural uses. In additional to specific development rights, three (3) monument' style signs were permitted to advertise for the development; two not to exceed 6 sq. ft. and the other not to exceed 15 sq. ft. The signs are restricted to three specific locations: the southwest corner of Sang and: Markham, the northeast corner of Cross and Markham and the west end of Markham, respectively. Not realizing the specific sign guidelines, or the requirement to obtain a sign permit prior to installation, the owners have already installed the two 6 sq. ft. signs as depicted in the attached photographs. Although the signs are in compliance with the size restrictions, the signs are not a monument style sign. Rather, they are each attached between two trees with a chain, suspended in the air. Additionally, one of the signs is located within Planning Area 2, which was not permitted with the PZD. Proposal: The applicants request a modification to the approved zoning criteria to allow certain types of freestanding signs as noted herein and to permit a sign in Planning Area 2 in place of a K:IReports12008PC Reports104-February 251ADM 08-2938 (Pratt Place Inn PZD Modification).doc March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 1 of 16 sign in Planning Area 3. 'Monument Sign: A freestanding sign with a maximum height of 6' above the surrounding finish grade and whose entire base is in contact with and supported by the ground. Table 1 Planning Area Permitted Signage Maximum Height 1 2' x 3' monument sign 3' x 5' monument sign 6' 6' 2 None permitted N/A 3 2' x 3' monument sign 6' Table 2 Planning Area Requested Signage Maximum Height 1 2' x 3' freestanding sign 20' 2 2' x 3' freestanding sign 20' 3 No sign N/A Variances: Chapter 156 of the Unified Development Code grants the Zoning and Development Administrator certain variance authority regarding Chapter 174 Signs. These include variances of setbacks, sign area, height, or other technical requirements. However, the Unified Development Code does not grant the Zoning and Development Administrator, nor any other board or committee, the authority to grant approval of signs which are prohibited by Chapter 174, or in this case, an approved Planned Zoning District and its associated sign allowances. RECOMMENDATION The Pratt Place Inn development was approved to allow small ground mounted signage, which would direct the general public and out-of-town patrons to the Pratt Place Inn property, while also minimizing any adverse impacts to the exclusively residential character of the surrounding neighborhood. Staff finds the signs which have been installed approximately 20' above surrounding grade to be more invasive and objectionable than the small-scale, unobtrusive ground mounted signs which were pe'rinitted by the City Council for this development. Freestanding 'signs of this nature are: not permitted within any residential district in the City, and are compatible with the surrounding environment. Therefore, staff recommends denial of the applicant's request to utilize freestanding signs that are currently suspended in the area, and they shall immediately be removed. Staff finds that relocating the permitted sign from Planning Area 3 to Planning Area 2 to be in keeping with the intent of the approval, so long as the sign is installed as a monument sign. Should the City Council approve either or both of the applicant's request, staff recommends the following conditions of approval: 1. Freestanding signs shall be installed in accordance with the required setbacks for K: IReports120081PC Reports104-February 251ADM 08-2938 (Pratt Place Inn PZD Mod?flcakon).doc March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 2 of 16 freestanding signs, which are based on the height and size of said signs. This will result in the existing signs being relocated further back from the Master Street Plan right-of-way than currently installed, as they currently do not meet ordinance requirements. There is no variance from this requirement to allow the existing signs in their current location. 2. A sign permit application shall be submitted for staff review and approval within 30 days of the City Council's decision. Any sign not permitted shall be immediately removed. Planning Commission Action: Motion: Second: Vote: Meeting Date• March 10, 2008 ❑ Forwarded ❑ Tabled ❑ Denied K:lReports120081PC Reports104-February251ADM08-2938 (Pratt Place Inn PZD Modifscatron).doc March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 3 of 16 02/07/2008 12:31 15152711 x70 DRAKE UNIVERSITY HPL February 8,2008 PAGE 02 To: Jesse Fulcher, Current Planner Planning Division Members of the Planning Commission Members of the City Council We would like to request that the signage conditions incltkl :d in the PZD proposal which you approved for our Pratt Place Inn project be rrso.lified to accommodate the signs that we put in place last month, not realizing that there dere specific signage guidelines. These are two 2' by 3' signs (29 ''A" by 41" .including tie dimensions of the frame), each suspended between two trees. Each sign is attached:to: a chain which is attached to a bolt which runs through a nearby tree. The bolt hole s slightly larger than the bolt so that the tree quickly grows around it and the bolt does'n;it harm the tree. You can see for yourself either through the attached photos or by driving by that these are unobtrusive signs that blend in well with the surrounding naturale: tvironment. We know these signs are unconventional, but since the purpose of PZD zoriiug is to handle unconventional requests we hope you will permit our having signs of this type. Attached is a letter of January 15 addressed to Jerer iy Pate and Andrew Garner giving more background on why we want signs placed intltese particular settings. Sincerely, de.:44t4L7,47 Julian Archer March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 4 of 16 Jeremy Pate Andrew Garner Planning Division City of Fayetteville Fayetteville, AR 72701 Dear Jeremy, Dear Andrew; RECEIVED JAN 1 5 2008 PLANNING DIV. January 15, 2008 For the past year and a half we have been forced to run a punishing gauntlet created by a few of our neighbors in an attempt to sabotage our Pratt Place Inn project, for what reason is beyond imagining. Their efforts toward that end have not only made our lives miserable at times, but have added tens of thousands of dollars to the cost of the project unnecessarily. We thought we had finally made it throw and, in fact, several of these neighbors have apologized for making our lives a living hell and have praised the beauty of the project. There is one, however, who isn't through with us yet and never will be. A few days ago we rented a boom lift and hung two unobtrusive signs between four well-placed trees, one on Markham where Cross Street tees into it, and the other at the intersection of Markham and Sang. The signs are tasteful and blend into the natural colors that surround them. They are covered with tempered glass and are hung high up in the trees to diminish the chances of their being damaged by vandals. (Another sign we erected on a corner of Markham and Sang twenty years ago, which names the historic properties at Pratt Place, was vandalized a number of times while we were trying to usher the Pratt Place Inn and Barn project through the City Council and Planning Commission.) In no time, the one persistent neighbor, in her unflagging attempt to thwart our every move, filed a complaint about the signs. It was then that we Learned that, according to city ordinance, we need to have a sign permit and to have the signs meet certain specifications, among them minimum setbacks. When we made our PZD application in 2006 and asked permission to put up signs we were unaware of the restrictions laid out in Chapter 174 of the Unified Development Code. We thought we simply were getting permission to put up signs on our property and were reassuring the neighbors by letting them know we were restricting ourselves to small signs. Now that we are having to focus solely on the question of signs, the note with an asterisk on our approval form mentions the provisions of Chapter 174. We just did not incorporate into our vision of the approach to the inn what it meant to be restricted to a "monument sign," when all of the text above that spoke of a "freestanding sign." The code requirements clearly do not envision a situation such as a wooded area or the section of Markham in question. A standard sign would not be appropriate and a standard placement at ground level or on a signpost would invite vandals. Both of our signs are the same size, 2' by 3' or 29' /z" by 41" if you include the wooden frame, and are set back from the back of the curb from seventeen to twenty-six feet and are not March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 5 of 16 disturbing or invasive in any way. If we had to observe to prescribed setback (I believe 10' from the street right-of-way) we would have to create a larger sign in order for it to be seen. Though Chapter 174 has no section on PZD signs, the current allowance of 32 sq. ft, (a 4' by 8' sign) for a monument sign is logical if it is to be seen using this setback. Conversely, if we are restricting ourselves to a small sign (2' by 3" or 6 sq. ft.) which is less than 20% of allowed size, then there should be some accommodation in the setback requirement. The same is true of the 3' by 5' sign permitted by our PZD as it is less than 50% of the possible sign size, though we have no plans right now to put up a sign that size. We request that you review this sign situation and grant permission for our signs to be paced where they are now and supported as we have them; that is, suspended between two trees. We hope that you will come see the signs for yourselves and we feel confident that you will not find fault with them. If we are forced to take them down and put them on posts or on the ground, however, we will have no choice but to remove them altogether. There would be 110 point in placing them where they will be battered, destroyed, or stolen by vandals. Even the street signs in the area take a beating. It will be to Fayetteville's advantage for Pratt Place Inn to succeed as one of the most beautiful and celebrated inns in the U.S., and the removal of these handsome, subdued, and small signs for no sensible reason would only throw up an impediment to guests being able to fmd their way to the place. March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 6 of 16 Olka 1d4e gt -�cRt tar ?c- 4- Pia(.. -1-nrr v h .s iS coti. PLD Beale -le -0 (G)Signage. Signage on the property shall be allowed as follows: Planning Area Freestandinnae Wall Si•na e 1 2'x3' freestanding sign at Sang andMarkham- As permitted in Commercial zones for the Inn 3'x5' freestanding sign at the end of Markham no other signage permitted 2 None permitted As permitted in Residential zones 3 2'x3' freestanding sign at Cross and Markham As permitted in Residential zones * No pylon/pole signs shall be permitted, only monument signs. Signage location shall be permitted in accordance with setbacks and other criteria in Ch. 174 Signs, unless noted herein. Water & Sewer: Water is currently available, and will be extended on-site with adequate fire protection (hydrants) and water line size to be provided as required by code. It will be necessary for the development to connect to city sewer and cease use of the existing septic systems. Sewer line connections, extensions, etc. will be evaluated and required to meet city codes to serve the properties at the time of development. Access: Access is provided from Markham and Sang Streets. These are residential streets with open ditches which provide access to the University Heights neighborhood west of the University of Arkansas campus. Markham is currently narrow and is failing in portions west of Cross Avenue. At the time of development, streets that the development will access will need to be reconstructed to provide a safe and adequate means of access, as determined by the Planning Commission. At minimum, a 20 -foot wide pavement width will be required, with improvements to the failing pavement north of Cross Avenue. Access for ladder trucks to this property for the Fire Department is a stated concern, without improvements as mentioned above. Interior to the project, private drives are proposed. Access to future cabins will need to meet with Fire Department approval in order to provide adequate fire protection and emergency access in time of need. The slope, width and construction of interior drives to access future structures shall be evaluated at the time of development to ensure proper access is achieved. Adjacent Master Street Plan Streets: Markham Road, Sang Avenue (Residential Streets) Street Improvements: Staff recommends the following: • Markham Road accessing the subject property from Cross Avenue into the property will need to be improved to a minimum 20 -foot standard, if not greater. Existing pavement will need to be evaluated and improved, if necessary. The Planning Commission shall determine the amount of improvement necessary in order to approve the proposed development with adequate and safe access. Drainage improvements associated with the widening will also need to be • evaluated and required, as necessary, based on the City Engineer's recommendation and the Planning Commission's determination at the time of Large Scale Development. Tree Preservation: Much of the site contains existing tree canopy, though there are areas of dense canopy and areas of open pasture land. The majority of the property is intended to be utilized in its existing state, without a great deal of disturbance. Typical agricultural activities, C. -Documents and SettengsljpatelDerktoptTemp SavestC-PZD 05-1670 (Pratt Place (nn)doc March 10, 2008 Planning Commission ADM 08-2938 Pratt Place Inn Agenda Item 3 Page 7 of 16 ( 9 Q OLo11-SO 024-7 PRATT PLACE INN MIXED USE DEVELOPMENT FAYETTEVILLE, ARKANSAS 40111 Crafton, Tull & Associates, Inc. arre�vmuatrnmt.�ommmum,, ADM 0 Architects, Engineers a Surveyors - March 1 Planning Com L2938 Pratt Place - n Agenda Item 3 Page 8 of 16