HomeMy WebLinkAbout2013-07-22 - Agendas - Final Plannine Commission Planning Commissioners
Officers Blake Pennington
William Chesser
Craig Honchell, Chair Ron Autry
aTyve ev1ile
Ryan Noble
Kyle Cook,Vice-Chair Porter Winston
Tracy Hoskins
Sarah Bunch, Secretary ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
July 22, 2013
A meeting of the Fayetteville Planning Commission will be held on July 22, 2013 at 5:30 PM in Room 219 of the City
Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas.
Call to Order
Roll Call
Consent:
1. Approval of the minutes from the July 8,2013 meeting.
2. VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18, 608): Submitted by
ENGINEERING SERVICES, INC. for property located at 4291 BLACK CANYON STREET. The property is zoned
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.23 acre. The request
is to vacate an existing pedestrian access easement on the subject property. Planner: Jesse Fulcher
Old Business:
3. CUP 13-4419: Conditional Use Permit(1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by CEI
ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is for additional parking.
Planner: Jesse Fulcher
4. LSD 13-4414: Large Scale Development (1851 E. HUNTSVILLE RD./KUM AND GO, 565): Submitted by
CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to build a 4,991 square
foot gas station with associated parking. Planner: Jesse Fulcher
New Business:
5. ADM 13-4451: Administrative Item (1627 JOYCE BOULEVARD/ARVEST BANK MUD CREEK BRIDGE
ASSESSMENT, 175): Submitted by BRENT VINSON for property located at 1627 EAST JOYCE BOULEVARD.
The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.11 acres. The request
is for review of the off-site escrow for the Mud Creek Bridge Assessment account. Planner: Quin Thompson
6. ADM 13-4452: Administrative Item (FLOODPLAIN VARIANCE FOR THE CITY RECYCLING DROP-
OFF CENTER AT NORTH STREET, 444): THE CITY OF FAYETTEVILLE is requesting a floodplain variance
for the structure at the North Street recycling drop-off center. The variance request is to allow the finish floor to be at,
or above,the base flood elevation. Floodplain Adminstrator: Sarah Wrede
7. LSD 13-4427: Large Scale Development (2402 N. COLLEGE AVE./CVS PHARMACY, 290): Submitted by
BOOS DEVELOPMENT for property located at 2402 NORTH COLLEGE AVENUE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.77 acres. The request is to build a 13,225 square
foot pharmacy with associated parking. Planner: Andrew Garner
8. CUP 13-4430: Conditional Use Permit (22 S. STONEBRIDGE RD./MAHAFFEY, 489): Submitted by
JORGENSEN AND ASSOCIATES for property located at 22 SOUTH STONEBRIDGE ROAD. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 18.23 acres.
The request is to allow a tandem lot. Planner: Jesse Fulcher
9. CUP 13-4431: Conditional Use Permit (528 N. LINDELL AVE./WESLEY FOUNDATION, 444): Submitted
by JORGENSEN AND ASSOCIATES for property located at 528 NORTH LINDELL AVENUE. The property is
zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, and contains approximately 0.22 acres.
The request is for a conditional use permit to allow a student ministry (Use Unit 4), in a RMF-40 zoning.
Planner: Andrew Garner
10. CUP 13-4429: Conditional Use Permit (N. OF CULPEPPER ASSISTED LIVING ON HWY
265/FAYETTEVILLE MEMORY CARE, 099): Submitted by JORGENSEN AND ASSOCIATES for property
located NORTH OF CULPEPPER ASSISTED LIVING ON HWY 265. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 12.88 acres. The request is for a conditional use permit to allow a
memory care facility(Use Unit 4) in an R-A zoning district. Planner: Jesse Fulcher
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. If you wish to address the Planning
Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once
the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair,
who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, 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.
Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice
is required. For further information or to request an interpreter,please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda 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.
Planning Commission
June 10, 2013
Page I of]]
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on July 8,2013 at 5:30 p.m. in Room
219, City Administration Building in Fayetteville,Arkansas.
ITEMS DISCUSSED ACTION TAKEN
Consent:
MINUTES: June 24,2013 Approved
Page 3
ADM 13-4409: Administrative Item (2630 E. CITIZENS DR./SAM'S SNOW CONES,371):
Page 3 Approved
New Business:
RZN 13-4410: Rezone (2468 N. CROSSOVER RD./LYNNWOOD ESTATES,294):
Page 4 Forwarded
ADM 13-4433: Administrative Item(330-390 W. 5TH STREET/SYCAMORE PHASE H, 523):
Page 7 Approved
ADM 13-4434: Administrative Item (500 N.VANDEVENTER STREET,445):
Page 8 Approved
CUP 13-4419: Conditional Use Permit(1851 E. HUNTSVILLE RD./KUM AND GO, 565):
Page 9 Tabled
LSD 13-4414: Large Scale Development(1851 E. HUNTSVILLE RD./KUM AND GO, 565):
Page 10 Tabled
CUP 13-4416: Conditional Use Permit(1418 E.RODGERS DR./COODY, 526):
Page 11 Approved
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 1 of 12
Planning Commission
June 10, 2013
Page 2 of 11
MEMBERS PRESENT MEMBERS ABSENT
Tracy Hoskins Blake Pennington
Ron Autry William Chesser
Kyle Cook Ryan Noble
Porter Winston
Craig Honchell
Sarah Bunch
STAFF PRESENT
Andrew Garner
Quin Thompson
Jesse Fulcher
Alison Jumper
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM-Porter Winston called the meeting to order.
Porter Winston requested all cell phones to be turned off and informed the audience that listening devices
were available.
Upon roll call all members except Noble, Pennington,and Chesser were present.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 2 of 12
Planning Commission
June 10, 2013
Page 3 of 11
Consent.
Approval of the minutes from the June 24, 2013 meeting.
ADM 13-4409:Administrative Item(2630 E.CITIZENS DR./SAM'S SNOB'CONES,371): Submitted by
SAMANTHA KAMINSKI for property located at 2630 EAST CITIZENS DRIVE.The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains a total of 8.91 acres.The request is a variance to allow for a
temporary retail structure to remain on the property for longer than 90 days.
Motion:
Commissioner Cook made a motion to approve the consent agenda. Commissioner Hoskins seconded the
motion. Upon roll call the motion passed with a vote of 6-0-0.
Commissioner Pennington arrived after the consent agenda.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 3 of 12
Planning Commission
June 10, 2013
Page 4 of 11
New Business:
RZN 13-4410:Rezone(2468 N.CROSSOVER RD./LYNNWOOD ESTATES,294): Submitted by BEN
ISRAEL for property located at 2468 NORTH CROSSOVER ROAD. The property is zoned RSF-2,
RESIDENTIAL SINGLE-FAMILY, 2 UNITS PER ACRE and contains approximately 4.66 acres. The
request is to rezone the property to R-O,RESIDENTIAL OFFICE.
Andrew Garner, Senior Planner, gave the staff report.
Ben Israel,applicant's representative,discussed the request,that the property to the north was recently zoned
R-O. He described the various land uses along Crossover Road from Lake Fayetteville south to Mission
Boulevard.
Public Comment:
Brian Runnels,2396 Crossover Road,adjacent neighbor to the east of the subject property,disccussed that
we should preserve the 265 corridor. We should prevent further commercial encroachment into this area
between Mission and Joyce/Zion Road. He discussed that because of a lack of a left turn will limit
commercial viability.
Lynn Lorrimer,2320 Crossover Road,lives about one block south.Discussed changes over Crossover Road
over the years. The property in question will have a median and not be able to turn left. I bought this land 23
years ago because it was a beautiful area. It is still a quiet, residential area. He is against any kind of
commercial or offices in this area. It will increase traffic flow and the noise.
Paul Henry,live on Township just south. Crossover is a double-wide lane now.He is concerned with traffic
ingress.The lot on the southern corner is left out.Casey's and Kum and Go may now look at this corner if R-
O is approved. The applicant has a nice sized property. He discussed letting commercial use creep into this
area,and that C-1 is usually near R-O and that would be the next logical step which would not be appropriate.
Change is good, but this type of change in this area of Crossover Road would not be good.
No more public comment was presented.
Commissioner Hoskins asked about the property to the north that was rezoned last year.
Garner discussed the property to the north was a very different situation.He described the state taking a large
portion of this property making it not viable with a single family residence. Staff agreed with the applicant
that because of the close proximity the state highway close to his house, it would be more viable and
appropriate to allow a small office use.
Commissioner Hoskins discussed the limited intensity on that property to the north because of the small
triangular shape. This is a different situation than the proposed property that is quite a bit bigger and would
allow more development.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 4 of 12
Planning Commission
June 10, 2013
Page 5 of 11
Commissioner Winston asked about the Bill of Assurance and about a worst case scenario development.
Garner discussed the applicant's Bill of Assurance limiting the use,the roof height, could potentially be a
three-story office building with a pitched roof.
Commissioner Winston asked about the median affecting the use of the property.
Garner discussed that with the improvements to Crossover Road including a median,left turn in or out would
not be permitted. Safe access would not be an issue and the road is capable of supporting the traffic. It is a
land use plan and compatibility issue from staffs perspective.
Commissioner Winston asked about the median being set in stone, or could it be modified.
Garner indicated that it was set as-is.
Kit Williams,City Attorney,discussed that the City asked the state whether or not they would be willing to
look at a change for a new street coming in and the state said `no'.
Commissioner Cook pointed out that Residential Neighborhood Areas in the Future Land Use Plan does
speak about residential,but also encourages non-residential uses along corridors and connecting corridors.He
asked for staff's opinion.
Garner responded discussed that the intent it not to segregate residential from non-residential. The big
picture of City Plan 2030 it is provide complete communities, where people are not isolated from non-
residential. Staff's concern was more looking along the corridor and the opinion that this stretch of Crossover
Road was more appropriate for residential land uses.
Commissioner Hoskins asked about utilizing other form-based zoning districts such as Community Services.
Garner discussed potential issues with Community Services because it would allow much more intensive
uses and multi-family apartments.
Commissioner Hoskins about other less intensive zoning districts.
Garner discussed the Neighborhood Services zoning district would permit non-residential uses in structures
of up to 3,000 square feet, which would be a step below R-O zoning.
Commissioner Hoskins asked the applicant about utilizing the Neighborhood Services zoning district.
Ben Israel, applicant, indicated that `no' he hadn't considered other zoning districts. He asked what
assurances Commissioner Hoskins would want to get the zoning approved. He discussed that the property
owners offered these to make the neighbors happy.I think it is an excellent area for a stand-alone office,such
as a 3,000 square foot dental office. There is no where else out there to accommodate that in this area of the
city.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 5 of 12
Planning Commission
June 10, 2013
Page 6 of]]
Commissioner Winston discussed that he felt comfortable with the proposed rezoning with the Bill of
Assurance and felt that it met the goals of City Plan 2030.
Motion:
Commissioner Winston made a motion to forward RZN 13-4410 to the City Council with a recommendation
for approval,Commissioner Bunch seconded the motion.Upon roll call the motion passed with a vote of 6-
1-1 (Commissioner Honchell voted `no' and Commissioner Chesser abstained).
Commissioner Chesser arrived after RZN 13-4410.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 6 of 12
Planning Commission
June 10, 2013
Page 7 of]]
ADM 13-4433: Administrative Item (330 - 390 W. 5T" STREET/SYCAMORE PHASE II, 523):
Submitted by JACOBS&NEWELL COMPANY for property located at 330-390 WEST FIFTH STREET.
The property is zoned MSC,MAIN STREET CENTER and contains approximately 0.13 acres.The request is
variances of the Downtown Design Overlay District standards for front stoops and a colonnade for a new
building.
Andrew Garner, Senior Planner, gave the staff report.
Todd Jacobs, applicant,was present for questions.
No public comment was presented.
Motion:
Commissioner Winston made a motion to approve ADM 13-4433 as recommended by staff.
Commissioner Bunch seconded the motion.
Commissioner Hoskins asked about the Downtown Design Overlay District boundary.
Garner discussed the DDOD boundary, and the location of this property in relation to the boundary.
Commissioner Hoskins discussed different options for this development to meet code and that he did not
see a particular hardship in this situation.
Upon roll call the motion passed with a vote of 6-1-1,with Commissioner Hoskins voting"no", and
Commissioner Chesser abstaining.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 7 of 12
Planning Commission
June 10, 2013
Page 8 of 11
ADM 13-4434:Administrative Item(500 N.VANDEVENTER STREET,445): Submitted by BLEW&
ASSOCIATES for property located at 500 N. Vandeventer Street. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY and contains approximately 0.19 acres.The request is for variance of the
Access Management Ordinance for driveway location and of the Tree Preservation Ordinance minimum
canopy requirement.
Quin Thompson, Current Planner, read the staff report.
Jorge DuQuesne, Applicant, commented on design process and difficulties of development caused by the
topography of the site.
William Chesser,Planning Commissioner,stated that good points were made by both staff and applicant.He
moved to hear the variance requests separately. He requested to hear more from the applicant about
opportunities to shift the building and preserve tree 12.
DuQuesne stated that the driveway slope requires grading that lowers the entire site by two feet,including the
area around the base of tree 12. He offered that it may be possible to use a retaining wall to keep some of that
soil in place.
Chesser asked the Urban Forester whether the project could be considered to save the tree in that case.
Alison Jumper,Urban Forester, indicated that the building was still located under a considerable portion of
canopy and therefore could not be considered to be preserved, and a variance would still be required.
Tracy Hoskins, Planning Commissioner, commented on the relationship of parking to the building. He
suggested moving the building north on the site in order to preserve tree canopy.
Porter Winston, Planning Commissioner, stated that the site did not appear to have exhausted all design
options, and moved to table the project.
Chesser stated that he remained concerned about the preservation of tree 12, and urged the applicant to `flex
some creative muscles' in rethinking the design such that the tree might be preserved.
Winston noted that Mr. DuQuesne was not the first applicant to be asked for a better design solution through
re-design.
Hoskins suggested that Mr. DuQuesne bring the Architect and more information in support of his statements
about topography and impact on the site, including sections, elevations, et c.
Motion#1:
Commissioner Chesser made a motion to approve the driveway location variance for ADM 13-4434.
Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.
Motion#2:
Commissioner Winston made a motion to table the tree preservation variance for ADM 13-4434.
Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 8 of 12
Planning Commission
June 10, 2013
Page 9 of 11
CUP 13-4419:Conditional Use Permit(1851 E.HUNTSVILLE RD./KUM AND GO,565):Submitted by
CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD.The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is for additional
parking.
Motion:
Commissioner Chesser made a motion to table CUP 13-4419. Commissioner Pennington seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 9 of 12
Planning Commission
June 10, 2013
Page 10 of 11
LSD 13-4414:Large Scale Development(1851 E.HUNTSVILLE RD./KUM AND GO,565):Submitted
by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD.The property is zoned C-
1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.93 acres. The request is to build a
4,991 square foot gas station with associated parking.
Motion:
Commissioner Chesser made a motion to table LSD 13-4414. Commissioner Pennington seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 10 of 12
Planning Commission
June 10, 2013
Page 11 of 11
CUP 13-4416: Conditional Use Permit (1418 E. RODGERS DR./COODY, 526): Submitted by DAN
COODY for property located at 1418 EAST RODGERS DRIVE. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and contains approximately 29.36 acres. The
request is to allow three tandem lots.
Jesse Fulcher,Current Planner, read the staff report.
Dan Coody, applicant, no additional comments.
Kit Williams, City Attorney asked why the plan was color coded.
Fulcher stated it was for clarity.
Motion:
Commissioner Chesser made a motion to approve CUP 13-4416. Commissioner Cook seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
There being no further business, the meeting was adjourned at 6:45 PM.
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 11 of 12
July 22,2013
Planning Commission
PC Minutes 07-08-2013
Agenda Item 1
Page 12 of 12
•
aye evl e PC Meeting of July 22, 2013
ARKANSAS
IHC CITY OF I:.AYET"1'CVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 16, 2013
VAC 13-4428: Vacation (4291 BLACK CANYON ST./HAMPTONS LOT 18, 608):
Submitted by ENGINEERING SERVICES, INC. for property located at 4291 BLACK
CANYON STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
4 UNITS PER ACRE and contains approximately 0.23 acre. The request is to vacate an
existing pedestrian access easement on the subject property.
Planner: Jesse Fulcher
Findings:
Property: The subject property is located in the Hamptons Subdivision, east of
Stonebridge Meadows Golf Course. A requirement of the development was to plat a 20
foot wide pedestrian access easement centered on the lot line between Lots 17 and 18.
The easement provides access for subdivision residents to Rodney Ryan Park, located
directly south within the Stonebridge Meadows Subdivision. Surrounding land use and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site Land Use Zoning
North Single-family RSF-4, Residential Single-family
South Park RSF-4, Residential Single-family
East Single-family RSF-4, Residential Single-family
West Undevelopable lot RSF-4, Residential Single-family
Request: The applicant's request is to vacate the east 10 feet of the dedicated access
easement and then dedicate 10 feet on Lot 17 to maintain the 20 foot easement. A single-
family home has been constructed on Lot 18 and the new privacy fence has been
constructed across the easement.
Easement Vacation Approval: The applicant has submitted the required easement
vacation forms to the City Parks Department and adjacent property owners with no
objections. The owners of Lots 17, 18 and the City of Fayetteville have all agreed to the
proposal.
C:\EXTevelopment Services Review\2013\Development Review\I3-4428 VAC 4291 Black Canyon/Hay�ygyjyning
Commission\07-22-2013\Comments and Redlines
Planning Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 1 of 10
UTILITIES RESPONSE
Ozarks Electric N/A
Cox Communications N/A
Southwestern Electric Power Company N/A
Source Gas N/A
AT&T N/A
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer N/A
Transportation N/A
Solid Waste N/A
ADJACENT PROPERTY OWNER: RESPONSE
West (Lot 17): Legacy National Bank No objections
South (Rodney Ryan Park): City of Fayetteville No objections
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 13-4428 to the City Council with
a recommendation for approval subject to the following conditions:
1. A 10 foot public access easement shall be dedicated on Lot 17 prior to the subject
vacation being valid.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: O Forwarded O Denied O Tabled
Date: July 22, 2013
Motion:
Second:
Vote:
Notes:
METC\Development Services Review\2013\Development Review\13-4428 VAC 4291 Black Canyon/HaTf t g\13S]yning
Commission\07-22-2013\Comments and Redlines
Planning Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 2 of 10
ENGINEERING SERVICES INC. .tet
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale,Arkansas 72765-0282 Ph:479-751-8733 • Fax:479-751-8746
June 11,2013
City Council and Planning Commission
City of Fayetteville,Arkansas
125 West Mountain
Fayetteville,AR 72701
RE: Easement Vacation Petition
Parcel Number 765-29194-000
Dear Mr. Sir or Ma'am,
On behalf of our client, we are submitting materials to vacate an existing pedestrian access
easement located on Lot 18 in Phase I of The Hamptons Subdivision, which is located at 4291
Black Canyon Street. This letter is intended to provide the scope, nature, and intent of the
petition to vacate this easement.
The property is currently in the RSF-4 (Residential Single Family - 4 Units per Acre) zoning
district, and is owned by Riggins Construction, Inc., which is both the property owner and the
applicant. The Final Plat for this subdivision, filed at Book 23A, Page 398, created a 20' wide
pedestrian access easement centered on the common lot line of Lots 17 and 18, with 10' of the
easement on each lot. This access easement is intended to provide a route of ingress/egress for
pedestrians from The Hamptons Subdivision to Rodney Ryan Park, which is located to the south
on Lot 83 of Stonebridge Meadows Subdivision, Phase 11 and Lot 161 of Stonebridge Meadows
Subdivision,Phase IV.
Lot 17 in The Hamptons Subdivision has a large utility easement running diagonally across it to
accommodate multiple gas lines, and is therefore identified on the final plat as unbuildable. For
this reason,the owner of Lot 18 is requesting that the 10' of pedestrian access easement situated
on Lot 18 be vacated, and the access easement on Lot 17 be expanded from 10' to 20' via a
separate easement dedication document. The practical result of this will be to shift the entire 20'
easement 10'to the west, and place it completely on Lot 17, an unbuildable lot. The owners of lot
17, the owners of lot 18, and the City of Fayetteville Parks Department have all agreed to this
proposal. There is no known existing trail infrastructure located within the easement which will
need to be relocated or modified.
1crrY gyp✓. Maecin,P.G. Philip C.Hum6ard, P.E.P.1 S_ Rrixn J.MoureP.H. III Tim J.Maya P.6.
Chino .d,hu&.,d R.[,., V'..P,e„dn I m,J,,ry,
ENGINEERING SERVICE5 INC. Fr SurveyorsConsulting Engineers and ,UY • `
Planning Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 3 of 10
June 11,2013
Fayetteville City Council and Planning Commission
Page 2
The following materials are enclosed with this letter:
-Easement Vacation Application
-Easement Vacation Petition
- County Parcel Map Exhibit with Adjacent Parcel Data and Easement Location
- Survey of Property Showing Easement Location(Filed Final Plat of Hamptons Subd.)
-Copy of Warranty Deed
-Legal Description of Entire Lot 17 and Access Easement to be Vacated
-Certified List of Adjacent Property Owners
-Certificate of Mailing
-Adjacent Property Owner Notification Form and Written Notification Form(Both
forms were mailed to all adjacent property owners)
- Certified Mail Receipts from Adjacent Property Owner Notification Letters
- Check to City of Fayetteville in the amount of$205.00 for Application Fee&Sign Fee
Please let me know if you have any questions or need any further information.
Sincerely,
Daniel Lazes y
Enclosures
5v' Jere'W.Martin P.E. 1II Philip G Humbard,P_E.,P.L.S. BrianMoore,P.E. VI Ti.,J.Mays.P.E.
,
• • • I /�`
ENGINEERING SERVICES INC. £4t3
July 22,2013
Planning Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 4 of 10
PETRIONTO VACATE A PEDESTRIAN ACCESS EASEMENT LOCATED IN LOT 19 OF THE HAMPTONS SUBDIVISION,
PHASE I TO THE CRY OF FAYEMILLE,ARKANSAS
TO: The Fayetteville City Planning Commission,and
The Fayetteville City Council
We,the undersigned,being all the owners of the real estate abutting the pedestrian access easement hereinafter
sought to be abandoned and vacated,lying in bot 18 of The Hamptons Subdivision to the qty of Fayetteville,
Arkenses,a municipal corporation,petition to vacate a pedestrian access easement which is described as follows:
A part of Lot 18 of The Hamptons Subdivision,phase 1 to the City of Fayetteville,Washington County,
Arkansas,as shown upon the plat filed for record In Plat Book 23A at Page 389, recorded In the
office of the Circuit Clerk and ExOfficlo Recorder of Washington County, Arkansas, being more
particularly described as follow,to wit:
Beginning at the mrthwest�comer of said Lot 18; thence along the north line of Lot 18 ScuW' '
87°02'15 East 10,00 feet;thence South 0204B'02"West 127.31 feat to a point on the south line of
Lot 18;theme North eM2'15 West 10.00 feet to the southwest corner of tot 18;thence along the
line of Lot 18 North 02°48'02"Ease 121.31 feet to the Pokitof Belilnning,containing 0.03 acres,
more or less.
That the abutting real estate affected by sold abandonment of the pedestrian access easement Is Lot 17of The
Hamptons Subdivision,Phase I to the City of Fayetteville,Arkansas owned by legacy Notional Bonk,thatthe
pedestrian access easement has not been used by the publkfor a period of many years,and that the public
Interest and welfare would not be adversely affected by the abandonment of the above described pedestrian
access easement.
The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,
subject,however,to the existing utility easements as required,and that the above described real estate be used
for theirre5pedhre benefit and purpose as now approved by law.
WHEREFORE,the umteNgned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas,abandon and vacate the above described pedestrian access easement,subject to said utility easaments,
and that the owners of the above described real estate be free from the essaments of the public for the use of sold
pedestrian access easement.
Dated this_ -_ day of -1-kXj` _ ,2013.
_��C�rNc� ��trntirr� � IF/�p,Vll'1 �1�11f1S
P ted Name(Owner of Lot 17,Hamptons Subd,) Printed Narae f� 18,Homptons Subd.)
Srgnstu f3A", %pature
July 22,2013
Planning Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 5 of 10
Legal Descriptions to Accompany Easement Vacation Application for Parcel No. 765-29194-000
LEGAL DESCRIPTION OF ENTIRE PROPERTY- FROM DEED BOOK 2012 PAGE 24589:
Lot 18 of The Hamptons Subdivision, Phase I to the City of Fayetteville, Washington
County, Arkansas, as shown upon the plat filed for record in Plat Book 23A at Page 389,
recorded in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
Subject to easements, rights-of-way, and protective covenants of record, if any.
Subject to all prior mineral reservations and oil and gas leases, if any.
LEGAL DESCRIPTION OF EASEMENTTO BE VACATED:
A part of Lot 18 of The Hamptons Subdivision, Phase I to the City of Fayetteville,
Washington County, Arkansas, as shown upon the plat filed for record in Plat Book 23A
at Page 389, recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County,Arkansas, being more particularly described as follow,to wit:
Beginning at the northwest corner of said Lot 18; thence along the north line of Lot 18
South 87°02'15 East 10.00 feet; thence South 02048'02" West 127.31 feet to a point on
the south line of Lot 18; thence North 87002'15 West 10.00 feet to the southwest corner
of Lot 18; thence along the west line of Lot 18 North 02148'02" East 127.31 feet to the
Point of Beginning, containing 0.03 acres, more or less.
LEGAL DESCRIPTION OF NEW EASEMENT TO BE DEDICATED:
A part of Lot 17 of The Hamptons Subdivision, Phase I to the City of Fayetteville,
Washington County, Arkansas, as shown upon the plat filed for record in Plat Book 23A
at Page 389, recorded in the office of the Circuit Clerk and Ex-Officio Recorder of
Washington County,Arkansas, being more particularly described as follow,to wit:
Commencing at the northeast corner of Lot 17; thence along the north line of Lot 17
North 87002'15 West 10.00 feet to the northwest corner of an existing pedestrian
access easement and the Point of Beginning; thence along the west line of said existing
access easement South 02°48'02" West 127.31 feet to a point on the south line of Lot
17 and the southwest corner of said existing access easement; thence along the south
line of Lot 17 North 87002'15 West 10.00 feet; thence North 02148'02" East 127.31 to a
point on the north line of Lot 17; thence along the north line of Lot 17 South 87102'15
East 10.00 feet to the Point of Beginning, containing 0.03 acres, more or less.
July 22,2013
Planning Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 6 of 10
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Plan ing Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 8 of 10
VAC13-4428 HAMPTONS LOT 18
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------ Planning Area Eeec Y
Plann g Commission
Agenda Item 2
Page 9 of 10
VAC13-4428 HAMPTONS LOT 18
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Pla nini Commission
VAC 13-4428 Hamptons Lot 18
Agenda Item 2
Page 10 of 10
T*4`
aye �-Avle
KANSAS PC Meeting of July 22, 2013
HIE CITY OF FAYE1 lEV/ILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Glenn Newman, Staff Engineer
THRU: Jeremy Pate, Development Services Director
DATE: July 16,2013
CUP 13-4419: Conditional Use Permit (1851 E. HUNTSVILLE RD./KUM AND GO, 565):
Submitted by CEI ENGINEERING for property located at 1851 EAST HUNTSVILLE ROAD.
The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately
1.93 acres. The request is for additional parking. Planner: Jesse Fulcher
Findings:
Property and background: The subject property is located at the southeast corner of Huntsville
Road and Happy Hollow Road. A large scale development proposal for a 4,991 square foot
convenience store has been submitted. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Church C-1, Neighborhood Commercial, C-2, Thoroughfare
Commercial and P-1, Institional
South Fire Station, Warehouse and P-1, Institutional, C-2, Thoroughfare Commercial,
Single-family home RSF-4, Residential Single-family
East Residential C-1, Neighborhood Commercial, RMF-24,
Residential Multi-family and RSF-4, Residential
Sin le-famil
West Funeral Home C-1, Nei hborhood Commercial and RSF-4
Proposal: The applicant proposes to develop the site as a 16-pump gas station with a 4,991 sq.
ft. convenience store and a parking lot containing 34 parking spaces, eight spaces more than
allowed by right.
Request: The request is for approval of a conditional use permit to allow for an increase in
excess of the parking increases identified in Chapter 172.05 in order to accommodate the
anticipated vehicular traffic, delivery trucks, and employees.
According to staffs calculations and the requirements outlined in Chapter 172.05(C)(2), the
following requirements apply to the proposed application:
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131Comments and Redlines July 22,2013
Planning Commission
CUP 13-4419 Kum&Go
Agenda Item 3
Page 1 of 12
PARKING RATIO
Building Min.
Classification Ratio SQ. FT. Required Max Allowed Provided
1 per
Convenience store w/gas 250 SF 4,991 20
Max Allowed
15% increase by right 23
10% increase w/LID stormwater
techniques 25
5% increase wl additional tree* 26
Max.Allowed 26 34**
*1 additional 2-inch caliper tree
**additional S spaces permitted as a conditional
use permit require 1 more additional tree
In accordance with Chapter 172.05(C)(2), the applicant will construct a stormwater treatment
area prior to runoff entering the storm drain system. One of the two additional trees shall be
located at the northwest corner of the store.
Public Comment: Staff has not received public comment on the conditional use permit.
RECOMMENDED MOTION: Staff recommends approval of the CUP 13-4419, subject to
the following conditions:
1. The applicant shall be required to install two (2) additional two-inch caliper trees
and a biofiltration area, or other Low Impact Development stormwater technique,
to mitigate for the eight (S) additional parking spaces.
2. One of the two additional trees shall be located in a tree island located at the
northwest corner of the store.
3. Adverse light impacts associated with the larger parking lot to adjacent residences
shall be mitigated. Consistent with Unified Development Code Section 176.05(D),
pole lights shall be of a scale, location, and/or shielded such to keep all illumination
and glare within the boundaries of the property. A lighting plan and cut-sheets of all
light fixtures shall be reviewed prior to issuance of a building permit for review and
approval. All exterior lights will be inspected prior to final occupancy to ensure that
glare and light trespass to adjacent residential property does not occur.
4. All conditions of approval associated with LSD 13-4414 shall apply.
PLANNING COMMISSION ACTION: Required YES
Planning Commission Action: O Approved O Denied O Tabled
Motion:
Second:
Vote:
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131Commems and Redlines July 22,2013
Planning Commission
CUP 13-4419 Kum&Go
Agenda Item 3
Page 2 of 12
Meeting Date: Jul-y22,2013
City Plan 2030 designation: Civic Institutional
Section 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
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 application requesting a conditional
use for a parking lot with 34 parking spaces, stating that the additional
parking spaces are necessary to accommodate the anticipated traffic,
delivery trucks, and employees.
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 §172.05(C)(4) to grant the
requested conditional use permit.
G-IETCIDevelopnent Services Review120131Development Review113-4419 CUP(Kum&Go@Huntsville/1 l Planning3uPy is. 8r�107-22-
131Commenlr and Redlines 3
Planning Commission
CUP 13-4419 Kum&Go
Agenda Item 3
Page 3 of 12
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: The intent of Chapter 172.05(C)(2) with a maximum amount of parking
spaces is to reduce excess paved surface which leads to increased
environmental impacts including disturbance of land, runoff, pollutants, and
urban heat island effect. In this particular case, the site is already 94%
impervious. Redevelopment of the site will result in an increase of
greenspace, so the additional parking will not have an adverse environmental
impact compared with the existing conditions. Pursuant with Chapter 172,
the applicant will be installing additional trees and utilize alternative
stormwater treatment techniques to further reduce storm water pollutant
loads and the heat island effect.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: There are no 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
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: Staff has reviewed ingress and egress to the property as part of the large
scale development review (LSD 13-4414).
(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: As staff has discussed in previous sections of this report, the number of
parking spaces proposed by the applicant is 34 when the maximum allowed
is 26. Staff finds that the effects of the eight additional parking spaces would
be buffered by the large amount of additional landscaping proposed along
the south and east property lines (see landscape plan associated with LSD 13-
4414).
G.IETCIDevelopment Services Review120131Development Revieiv"3-4419 CUP(Kum&Go @ Huntsville/11 Planning CommissionW-21-
131Comments and Redlines July 22,2013
Planning Commission
CUP 13-4419 Kum&Go
Agenda Item 3
Page 4 of 12
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: The proposed location of the dumpsters has been reviewed by the Solid
Waste Division as part of the large scale development review.
(d.)Utilities, with reference to locations, availability, and
compatibility;
Finding: All necessary utilities shall be extended to serve the development per
ordinance requirements. All utilities shall be screened from view of the
public right-of-way in accordance with City ordinance to decrease the visual
impact of the proposed nonresidential use on the adjacent residential
properties.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: As part of the Large Scale Development review, the applicant has submitted
a Landscape Plan for approval pursuant to City Ordinance. Adequate
vegetative screening is proposed and shall be provided as required and
shown on the associated site plan for LSD 13-4414.
(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;
Finding; Signage shall be permitted in accordance with Chapter 174, Signs, and shall
be reviewed by a separate sign permit application.
(g.) Required setbacks and other open space; and
Finding: The setbacks and open space of this development comply with the
requirements of the C-1 zoning district.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: Staff finds that the proposal is compatible with the adjacent properties and
other property in the district with conditions to reduce impacts associated
with the large parking lot, including additional landscaping and conditions to
reduce light pollution to adjacent residences.
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131Commenls and Redlines J
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CUP 13-4419 Kum&Go
Agenda Item 3
Page 5 of 12
Fayetteville Unified Development Code
172.05 Standards For The Number Of Spaces By Use
(C)Off-street parking.
(4) Increases or reductions in excess of those identified herein shall be allowed only as a
conditional use and shall be granted in accordance with Chapter 163, governing applications
of conditional uses,procedures, and upon the finding that the increase or reduction is needed.
CIL:7C'1lJevelnpnrent S'prvrces RevrerrVll113111evelalament Revreivl73-4479 CUY(Kean&Go(h)Hnmrvllle/I!P&unlog y..2Y20�137-1.-
lBn . nedr
Planning Commission
CUP 13-4419 Kum&Go
Agenda Item 3
Page 6 of 12