HomeMy WebLinkAbout2004-04-26 - Agendas - Final i
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS -
. 125Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday April 26,2004 at
5:30 p.m. in the City Administration Building, 113 West Mountain Street, Room 219,
Fayetteville,Arkansas.
Roll Call
The following items will be considered:
ConsentAgenda:
Approval of minutes from the April 12,2004 meeting.
New Business:
1. ADM 04-1054: Administrative Item (Lot 6 Warwick Drive,pp 215)was submitted
by Wes Burgess for property located at 3150 Warwick Drive,Lot 6, Block 5 of
Huntingdon Subdivision. The request is for a waiver of PUD setback requirements in
Huntingdon Subdivision. Planner: Jeremy Pate
2. ADM 04-1062: Administrative Item (Appeal Owen Lot Splits,pp 254)was
submitted by Tanya& Ben Owen, owners, for property located at 2625 N. Warwick
Drive. The property is zoned RSF-4,Residential Single-family, 4 units per acre and
contains approximately 3.39 acres. The request is for a Planning Commission hearing in
order to appeal the conditions of approval for a lot split of the subject property which
was approved by the Subdivision Committee on 2/12/04. Planner: Dawn Warrick
3. VAC 04-09.00: Vacation (Paul Dunn,pp 447)was submitted by Cal Canfield oh
behalf of Paul Dunn for property located at Lot 8 Block 4 of the Vinson Subdivision on
Rebecca Street. The property is zoned RSF-4, Residential Single-family,4 units per
acre, and contains approximately 0.08 acres. The request is to vacate a portion of the
dedicated R.O.W. for Rebecca St., east of Vinson Avenue. Planner: Jeremy Pate
4. PPL 04-06.00: Preliminary Plat(Amber Jane Estates,pp 359) was submitted by
Jorgensen&Associates on behalf of PBS of Fayetteville for property located at the SW
corner of Sunshine Road and Jess Anderson Road. The property is in the Planning Area
and contains approximately 27.78 acres. The request is to allow for the development of
a residential subdivision with 28 single family lots. Planner: Jeremy Pate
5. CUP 04-11.00: Conditional Use(Bridgeport POA Pool,pp 360)was submitted by
James Harter of the Bridgeport POA for property located at Lot 125 of Bridgeport
Subdivision. The property is zoned RSF-4,Residential Single-family, 4 units per acre.
The request is to approve the development of a 1480 s.f. pool, 8 ft. concrete deck and a
16' by 12' bathhouse for the subdivision. Planner: Jeremy Pate
6. CUP 04-13.00: Conditional Use(McFerron/Childcare,pp 367) was submitted by
Alice and Brian McFerron for property located at 2021 Baker Drive. The property is
zoned RSF-4,Residential Single-family, 4 units per acre. The request is to allow a
childcare facility in the home in this Zoning District. Planner: Jeremy Pate
7. RZN 04-07.00: Rezoning(Parnell/Hanshew, pp 595)was submitted by Eric Johnson
on behalf of Triangle Builders Supply, Inc. for property located south of Hwy. 62 on
Hanshew Road. The property is currently zoned R-A, Residential Agricultural, and
contains approximately 17.00 acres. The request is to rezone the subject property to
RSF-4, Residential Single-family, 4 units per acre. Planner: Jeremy Pate
8. ANX 04-03.00: Annexation (Nooncaster,pp 61)was submitted by Raymond Smith,
Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover
Road and north of Hearthstone Drive (Stonewood S/D.) The property is in the Planning
Area and contains approximately 20.01 acres. The request is to annex the subject
property into the City of Fayetteville. Planner: Jeremy Pate
9. RZN 04-08.00: Rezoning(Nooncaster, pp 61)was submitted by Raymond Smith,
Attorney, on behalf of Nooncaster Vineyards, Inc. for property located east of Crossover
Road and north of Hearthstone Drive (Stonewood S/D.) The property is currently zoned
R-A, Residential Agricultural, and contains approximately 20.01 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family, 4 units per acre.
Planner: Jeremy Pate
10. ANX 04-06.00: Annexation (Leigh Taylor Properties, pp 169)was submitted by R.
Chad White on behalf of Leigh Taylor Properties, LLC for property located at 2470
Hwy. 112. The property is currently in the Planning Area and contains approximately
29.86 acres. The request,is to annex the subject property into the City of Fayetteville.
`Planner: Suzanne Morgan'
11.RZN 04-12.00: Rezoning(Leigh Taylor Properties, pp 169) was submitted by R.
Chad White on behalf of Leigh Taylor Properties, LLC. The property is currently zoned
R-A, Residential Agricultural, and contains approximately 39.86 acres. The request is to
rezone the subject property to RSF-4, Residential Single-family,4 units per acre.
Planner: Suzanne Morgan
12.ANX 04-04.00: Annexation (Tipton/Sloan,pp 475)was submitted by Raymond Smith,
Attorney, on behalf of Robert and Minnie Beth Tipton for property located east of
Double Springs Road, adjoining the SE comer of the Legacy Point subdivision. The
property is in the Growth Area and contains approximately 29.31 acres. The request is
to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan
13.RZN 04-10.00: Rezoning(Tipton/Sloan,pp 475) was submitted by Raymond Smith,
Attorney, on behalf of Robert and Minnie Beth Tipton for property located east of
Double Springs Road, Adjoining the SE corner of the Legacy Pointe subdivision. The
property is currently zoned R-A,Residential Agricultural, and contains approximately
29.31 acres. The request is to rezone the subject property to RSF-4,Residential Single-
family, 4 units per acre. Planner: Suzanne Morgan
14. ANX 04-01.00: Annexation (Greenwood/Sloan, pp 477) was submitted by Raymond
Smith, Attorney on behalf of Jean Greenwood Jowers for property located SE of the
intersection of 466 and Persimmon. The property is in the Growth Area and contains
approximately 160.0 acres. The request is to annex the subject property into the City of
Fayetteville. Planner: Suzanne Morgan
15. RZN 04-11.00: Rezoning (Greenwood/Sloan,pp 477)was submitted by Raymond
Smith, Attorney on behalf of Jean Greenwood Jowers for property located SE of the
intersection of 46`h and Persimmon. The property is currently zoned R-A, Residential
Agricultural, and contains approximately 160.0 acres. The request is to rezone the
subject property to RSF-4,Residential Single-family,4 units per acre. Planner: Suzanne
Morgan
16.ANX 04-02.00: Annexation (McBryde/Sloan, pp 477)was submitted by Raymond
Smith,Attorney, on behalf of C. Bryan McBryde for property located SE of the
intersection of 46th and Persimmon. The property is in the Planning Area and contains
approximately 80.0 acres. The request is to annex the subject property into the City of
Fayetteville. Planner: Suzanne Morgan
17. RZN 04-09.00: Rezoning(McBryde/Sloan, pp 477) was submitted by Raymond
Smith, Attorney, on behalf of C. Bryan McBryde for property located SE of the
intersection of 46`h and Persimmon. The property is currently zoned R-A, Residential
Agricultural, and contains approximately 80.0 acres. The request is to rezone the subject
property to RSF-4, Residential Single-family, 4 units per acre. Planner: Suzanne Morgan
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 meetings. 72 hour notice is required. For further information or to
request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item 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.
2004 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
Alan Ostner
Loren Shackelford
Sean Trumbo
Christian Vaught
FAYETTEVILLE PC Meeting of April 26, 2004
THE CITY OF FAYETTEVH.LE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
-
PLANNING DIVISION CORRESPONDENCE Telephone:479-575-5267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate,Associate Planner
THRU: Dawn Warrick,AICP, Zoning& Development Administrator
DATE: April 20,2004
ADM 04-1054: Admin Item(Lot 6 Warwick Drive, pp 215)was submitted by Wes Burgess.
for property located at 3150 Warwick Drive,Lot 6, Block 5 of Huntingdon Subdivision. The
request is for a waiver of PUD setback requirements in Huntingdon Subdivision. Planner: Jeremy
Pate
Background:
Huntingdon Subdivision was approved in 1978 as a Planned Unit Development(PUD), a type of
development process that has since been repealed and replaced with the Planned Zoning District
(PZD). Development with the PUD process, unlike the PZD, did not constitute a change of the
zoning designation on a piece of property. Rather, the PUD standards are an overlay, oftentimes
with more restrictive building setbacks and open space requirements. Within the Huntingdon
Subdivision, front building setbacks were established above the 25-foot minimum building
setback requirement for the RSF-4 zoning district, which is the zoning district in this location.
Front building setbacks in the subdivision are typically 35 or 40 feet.
The.subject property, Lot 6, Block 5, on Warwick Drive, has a 40' front setback. Several
easements exist on the property, including a 50' gas easement, and a 40' sewer easement. As
detailed in the applicant's letter, a permit was obtained to begin footing construction on the lot,
based on current surveys, review of the filed Final Plat of Huntingdon Subdivision, and
information from the city's GIS website. When utilities were located, however, a sewer line was
shown to be running through a portion of the footing. Research with the Water and Sewer
department yielded an existing utility easement, 40 feet in width, filed in 1968. This easement
had not been shown on subsequent surveys or plats, and was not, therefore, known to the
applicant. A stop-work order was issued on the property until this issue could be resolved.
Current Status:
The applicant requests Planning Commission approval of an encroachment into the PUD-
established front setback of Lot 6, in order to build a single family home. Moving the house
location forward would take it out of the sewer easement, and would still comply with zoning
ordinances for the RSF-4 zoning district. Were the home to encroach into the 25-foot front
setback line as set by the RSF-4 zoning district, the Board of Adjustment would hear and decide
on this issue. As it is, the request is for a 31-foot front setback, a variance of 9 feet from the PUD
requirement of 40 feet. The Huntingdon POA has submitted a letter providing their approval for
the setback variance request.
K.IReporis120041PC Reporte104-26-04NDM04-/054(Lot 6 WarwickDrive).doc
April 26,2004
Planning Commission
ADM 04-1054(Lot 6 Warwick Dr)
Page 1.1
Recommendation:
Staff recommends approval of a 31-foot building setback for Lot 6, Block 5 of the Huntingdon
Subdivision.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: Aori126.2004
Comments:
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
K..,tReportsl20041PC ReportsIO4-26-04WDM04-1054(Lot 6 Warwick Drive).doc
April 26,2004
Planning Commission
ADM 04-1054(Lot 6 Warwick Dr)
Page 1.2
April 8, 2004
Jeremy Pate
Associate Planner
City of Fayetteville Planning Department
Fayetteville,AR 72701
Re. Front setback reduction, 3150 Warwick Drive
Dear Jeremy,
I appreciate the Planning Commission's consideration of a setback reduction for my property
located at 3150 North Warwick Drive, due to the unforeseen circumstances. As we discussed,.)
purchased this lot in January in order to build a 2700 square foot house. Prior to making an offer
on the lot, I had researched the flood plain and sewer line issues on the lot, as well as reviewing
the utility easements and topography on the FAYGIS website. I was also provided a survey done
for the previous owner in 2001 by Alan Reid and Associates. The survey had the utility easements,
.setbacks, and flood plain dimensioned, and was the basis for designing and locating the house.
Due to the flood plain on the site, I was issued a Foundation only permit in March, and after
securing a construction loan and approval from the Property Owner's Association, I began
sitework.
Approximately two weeks ago, my foundation contractor was on site to start work on the footings,
having notified Arkansas One-Call to mark utility locations. He called me in the afternoon to inform
me that the Water & Sewer Department had just marked a sewer line location right through the
house footing. I double checked my site plan and had him double check his measurements, and
when we determined that the house was laid out where it should be,I placed a call to the Planning
Department. My assumption was that the sewer line was installed outside of the easement, and I
Inquired of Renee Thomas what could be done in such a situation. After researching the situation
and consulting with Water& Sewer, a stop work order was issued on my project. Renee produced
for me a legal description of a 40' right of way granted to the City in 1968 for a sewer
easement. Somehow, this easement never made it on the Hunting don.Subdivision plat, the City's
GIS website,or the stamped survey that 1 was given for the lot. I found myself unable to locate my
house between the newly discovered easement and the unusually deep 40'front setback line.
As you can imagine, this has been a frustrating situation, but everyone in the Planning Department
has been helpful, and I am in agreement with your Department's assessment that the most
reasonable solution is a reduction in the front setback. As shown on the revised site plan that you
have in your possession, moving my house 10 feet closer to the front property line will relieve the
conflict with the sewer easement in the back. I have been given approval for this adjustment by the
Huntingdon Property Owner's Association, and would appreciate the some consideration by the
Planning Commission. I would point out that only a small portion of the house will encroach on the
existing 40' setback and that most lots in the subdivision have a 35' setback. Please contact me if
there is anything else I can do to help resolve the situation.I have a considerable amount of time
and money invested in this project,and I would be grateful for a quick resolution.
I
Wes Burges ,AIA
818 E. Lakeside Dr.
Fayetteville,AR 72701
April 26,2004
Planning Commission
ADM 04-1054(Lot 6 Warwick DO
Page 1.3
Wes Burgess
From: Ms Candace McCabe[fotimccabe@yahoo.com]
Sent: Wednesday,April 07,2004 3:48 PM
To: wburg@craftull.com
Subject: Setback Variance
Wes,
. Per our conversation, please feel free to forward this
lettertothe appropriate members of the Fayetteville
City Council, or. itos representatives regarding your
request for variance of the Huntingdon POA covenants
for dwelling setback. While we are typicallyloathe
to provide a variance of any kind from the covenants,
upon review of your particular circumstances, we, the
Huntingdon Architectural Committee, are inclined to
provide such a setback requirement variance in this
case due to the following reasons:
1. The setback change will not be unsightly or
out-of-character with the other properties in the
neighborhood.
2. The largest portion of the house will be within the
typical setback requirements.
3. You have invested in improving properties which
have remained an eyesore for some time.
4. No structure, of the proposed- square-footage and
layout, could meet the setback requirements for this
lot and meet the cityOs sewer restrictions.
5. There will be no negative impact to the property
values of the neighborhood as a result of this
variance.
Of course, this decision is pending outcome of your
hearing with the city and approval to proceed from
them. We will provide you with a final decision at
that time.
Sincerely,
Candace McCabe
President- - - -
Huntingdon POA -
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April 26,2004
Planning Commission
1 ADM 04-1054(Lot 6 Warwick Dr)
Page 1.4
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April 26,2004
Planning Commission
ADM 04-1054(Lot 6 Warwick Dr)
Page 1.6
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`i April 26,2004
Planning Commission
ADM 04-1054(Lot 6 Warwick Dr)
Page 1.7
,
RIGHT OF WAY GRANT
TRACT NO.
STATE OF ARKANSAS
l COUNTY OP WASHINGTON KNOWAi.T.NaEN BY THESE1'RESF.NT'fi:
t That for and in annsideratim of Fire Hundred Sixteen "allara and No/16011 5i6.00) ,... ..
.. G11
/ and other .dusbl, mnsidcratinu- to the undersigned,Charley Le Bradley and YirglnSa C. Bradley,
husband and wife, . . .. .. . ....._
paid, the r Alpt of which is hereby ark arkdged, the said Granter does hetelly GRAN f S"'1 AND COVEY unto
I the City of Faydtcville,Arkansas,a mer•r pal conpnran n (herein styled Grantee),its suc.scrs and aligns,the right
of way and easement te, eonstrurt, lay, nmovc, relay, enlarge and operate a water and/or sew-r pipe line or lines,.
_ manhofes,and appurtcnanees thereto, on,over,across,and under the following described real estate,to-wit:
The West half of the Northweat Quarter of the Northweat Quarter of Section Thirty-Ow (31) and an
that part of the Southwest Quarter of the Southwest Quarter of Section Thirty (30) lying South and
West of the creek, containing ten (10) acres all in Township Seventeen (17) North of :Bang* Twenty
nine (29) West, containing in all Thirty (30f acres, more or less.
A permanent easement of 40 feet in width, being 20 feet on each side of a centerline and a terms
orary construction easement, for a period of rot to exceed one year from the date hereof, of 50
feet in width, being 25 feet on each side of a centerline.. The centerline of both easements being
the centerline of an 18 inch force Fortin Sewer line and being arore particularly described ca follow,
a, to Witt Beginning at a point which Is 100 for+ Horth and 60 feat Waal. of the Southeast crarrAr
of the above described real estate and running thence S 12° 591 E. 669 feat, thence S 19' o9F No
289 feet, thence S 31' 491 E, 339 feet, thence S 52' 201 E, 831 feet to a point in the West line
of the above described real estate, said point being 284 feet North of the Southwest cornar of the
SE} of Section 30, T-17—N, R-29-W.
Crrantae agrees to pile all brush and trees taken out and to dispose of all large rocks brought to
surface of backfill due to construction. Disposal of rock in washed out gulley.
TO HAVE AND TO HOLD unto said Grantee, its suceossors and assigns,so long as such pipe line or lines,nun-
holes zed/or appurtenances thereto shall be maireainat,with ing.to and egress froth the real estate first hmitubove
described for the purpose of constructing, inspteeting, maintaining and repairing raid lines,manholes and appunessances
of Grantee above described,and the euuoval,renewal and enlargement of such at will,in whole or in pan.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
1 Grantee,which hereby agrees to bury all piles,where feasible,to a sufficient depth so as not to interfere with cultivation
I( of sni!,and that manholes will be constructed flush with the surface of the ground except in lxitwm lands where they
shall be at a height above high water.and to pay any damages which may arise to growing crops or fences from the con-
struction,maintenance and operation az determined by three disinterested persons,one thereof to be appointed by the
said Grantor;one he the said Grantee;and the third by the two so appointed u aforesaid, and due written award of
such three persons shall be real and conclmive.
The Grantor agrees not to erect any bu)lrhip or structures in said right of way other than fences and with felons
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lives upon the above described eaxrnrnt at.say time
in the future and agree,to pay any damages as a result of such future Construction as set out in this casement.
Theconsideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every tight hereby
granted.All cosynants and agreements herein contained shall extend to wed be binding upon the respective heirs,legal
tcprisentativex,nexaor,and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without a[aherity
to make any covenant or ogresnen[ not herein expressed.
pp
WITNESS the execution hereof this the ...... P....w. /day of _Yaamh _... ..__ _ _..... i96✓�.._
ACKNOWLEDGMENT
STATE OF ARKANSAS t
COUN'T'Y OF WASHINGTON
HE IT REMEMBERED,that ou this date before coq a Notary Public within.wed for said County and seato,Andy
c`Mnur(isiahedire swing,personally appeared Charlsq Ls &iiAlrfand.7l1`glnu Q....IA'adlq.. .in nae rap
. ..ktttflvn is the petson(s) whiternmuld the foregoing Right of Way Grant,and that ^I..Ind wlcnad the wee,.;
►ojttrrthE bripskloation and purpose therein reention-A aqd est ford,. / Apr 6,2004
1).•jwrrvnj4"y Med rd sw1 na this n6 . day of a ,�; ly f yPlanoing C mission
rep aa`,,. AD�t' -1054(Lot 6 W ick Dr)
.... ..__. ._. ✓� Notary
y 0"A&1.
My am beim"Pit"t/P Le 4�.1 1 Q? rye emery MMk a r age 1.8
[+ a I4.f lift26i
FAYETTEVILLE PC Meeting of April 26, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn Warrick,AICP, Zoning&Development Administrator
THRU: Tim Conklin, AICP, Community, Planning&Engineering Services Director
DATE: April 22,2004
ADM 04-1063 (Owen,pp 254)was submitted by Tanya&Ben Owen, owners, for property
located at 2625 Warwick Drive. The property is zoned RSF-4,Residential single family, 4
units/acre and contains approximately 3.39 acres. The request is for a Planning Commission
hearing in order to appeal the conditions of approval for a lot split of the subject property which
was approved by the Subdivision Committee on 2/12/04.
RECOMMENDATION:
Staff recommends Planning Commission affirm the conditions of approval for LSP 04-
10.00 as approved by the Subdivision Committee on 2/12/04 based on the findings stated in
this report and the attached materials.
BACKGROUND:
The applicants began meeting with City staff in early December 2003 with regard to their desire
to divide their property to create a new lot for development of a new single family home. At that
time,they were informed that they had the ability to create a new lot but that there would be
certain zoning and development requirements placed on any approval of such an action.
The applicant did significant work to gather code and specification information regarding the
water line extension that was mentioned by staff in early December as a requirement of the
proposed development(see attached letter from the applicant).
On or about January 15, 2004,the applicant submitted materials requesting approval of a lot split
for a 3.39 acre piece of property which currently contains one single family home located at 2625
Warwick Drive.
The lot split request was heard by the Technical Plat Review committee on January 28, 2004.
The applicants were represented by their engineer Dave Jorgensen of Jorgensen&Associates at
that meeting. Comments from Engineering staff at that time included"you are aware that water
will need to be extended to serve these lots. You show that on the plat, if you could just label that
as proposed" (see attached minutes).
K:IREPORTY2004WC REP0RTS104-26-04WDM04- OWENDOC
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.1
The project proceeded in the development review process and was heard by the Subdivision
Committee on February 12, 2004. Staff recommended approval of the request at that level with
conditions as stated in the staff report and amended by the vote of the Committee(see attached
staff report and minutes). The project was approved unanimously by the Subdivision Committee.
The applicant,Mr. Owen,and his representative,Mr. Jorgensen both attended this meeting.
Building permit#8833 was issued on March 22,2004 for construction of a single family home at
2427 Warwick Drive. City staff had the ability to approve this permit without the lot split being
filed due to the lot area and configuration of the subject property. Additional information
regarding this is included in the findings stated in this report.
In a meeting with staff on March 30, 2004,the applicant was directed to the Planning
Commission is they wished to appeal the conditions of the lot split approval. Staff does not have
the ability to change requirements placed on development by the Planning Commission or the
Subdivision Committee functioning as an agent of the full Commission.
On April 6,2004,Planning staff received a letter from the applicant which"request(s)that the
City administrators codify their decision on this issue once and for all."In light of the Planning
Commission alone having the authority to place or amend conditions of approval for
development, staff has forwarded this item for consideration.
Several sections of the UDC are included in the text of this report. Additional supporting
materials are attached and include:
1. Lot Split Requirements(page 4 of lot split application materials)
2. §51.112 Water service and extension policy(from Fayetteville Municipal Code of
Ordinances)
3. Standard Water Line Specifications, Fayetteville, AR—April 2, 1996
4. Excerpt from AR Plumbing Code
5. Excerpts from the 2000 International Fire Code
6. Technical Plat Review minutes
7. Subdivision Committee staff report
8. Subdivision Committee minutes
9. Letter from applicant to Alderman Bob Davis (2/17/04)
10. Response to 2/17/04 letter from Kit Williams, City Attorney
11.Letter from applicant to Dawn Warrick(4/6/04)
12. Memo from Greg Boettcher, Water&Wastewater Director
FINDINGS:
The intention of the applicant is to build one new single family home. This may be accomplished
under current zoning regulations for the property without creating a new lot. The existing 3.39
acre parcel contains adequate frontage and lot area to support two single family homes without
subdividing the property as provided by §164.07:
164.07 Erection Of More Than One Principal Structure On A Lot Of Record
K98EP0R7SI2004PC REP0R7SI04-26-04WDM04- 0WEKDOC
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.2
In any district,more than one structure housing a permitted principal use may be erected on a single
lot,provided that setback and other requirements of this chapter shall be met for each structure as
though it were on an individual lot.
In fact, under this provision,the City has already issued a building permit for the applicant to
begin construction of the new single family home. If the second home is to be sold however and
the title transferred to a separate owner,a subdivision must be approved in order to develop a
new lot of record with all required infrastructure necessary for a lot within the RSF-4 zoning
district.
The Unified Development Code(UDC) very clearly defines the action requested of the applicant
as a subdivision. The following definitions are from Chapter 151 Definitions:
Lot. (Development)A portion of a subdivision or other parcel of land intended as a unit for
transfer of ownership or for development.
Lot. (Signs) A parcel of land under one ownership whether described by metes and bounds or as
a platted lot.
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 tern includes the words "plot"or"parcel". Such lot shall have frontage on an
improved public street, and may consist of:
(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 161.
Subdivider. (Development)A person,firm or corporation undertaking a subdivision as defined
in Chapter 166,Development.
Subdivision. (Development) The subdividing of land into lots and blocks,the parceling of land
resulting in the need for access or utilities, or the dividing of an existing lot or parcel into two or
more lots or parcels.
A subdivision creating only one new parcel may be processed as a lot split—this is a waiver of
platting requirements only, not a waiver of any subdivision regulations. The development of any
new lot within the City must meet standards as required by the Unified Development Code. The
section of this code which defines the requirements for a lot split is a subsection of§166.01
Subdivision Approval as shown below:
K.IREPORM0041PCREPORTS104-26-0441DM04- OWENDOC
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.3
166.01 Subdivision Approval
The subdivider shall follow the procedures in this chapter for the approval of a subdivision plat.
(E) Lot splits.
(1) Application for approval. When a property is to be subdivided into only one new lot,
the application shall be submitted to the Zoning and Development Administrator and
consist of the following:
(a) Application. Application for lot split approval.
(b) Fee. Payment of lot split fee.
(c) Survey. A survey, certified by a registered surveyor or registered engineer of the
property proposed for division. Said survey shall indicate the acreage of all
proposed lots.
(2) Submittal. Application for lot split approval shall be submitted at least 15 days prior
to the meeting of the Planning Commission at which consideration is requested.
(3) Subdivision Committee approval. The procedure for a lot split shall follow that of
the preliminary plat. A lot split may be approved by the Subdivision Committee.
Water line extension is not a requirement of the building permit for a single family home. It is
required for the subdivision of land necessary to create a separate lot suitable for independent
development of a single family home. The UDC specifies requirements of subdivisions both in
the City and in the Planning Area. The applicable portion of the UDC is as follows:
166.03 Required On-Site Improvements—Subdivisions In City Limits
Before the Planning Commission may grant final plat approval for a subdivision inside the city
limits,the subdivider shall have installed, or shall have a guarantee in lieu of installation, either
at his expense or in accordance with the existing policy of the city,the following improvements:
(H) Water supply.
(1) Accessible public water supply. When an approved public water supply is reasonably
accessible, the subdivider shall install a system of water mains and shall connect to such supply
so that each lot within the subdivision shall be Provided with a connection to said public water
supply. All connections shall be approved by the City Engineer. Individual service lines shall be
installed, and individual connections shall be made prior to the paving of the street, if possible.
(2) Nonaccessible public water supply. Where an approved public water supply is not
reasonably accessible, any private water supply system proposed by the subdivider must be
approved by the county sanitarian and the City Engineer in order to assure that the private water
supply system will provide an adequate supply of potable water to every lot in the subdivision.
Individual service lines shall be installed and individual connections shall be made prior to the
paving of the street, if possible.
(3) Fire hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed
so that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is
more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial
K.WEPORM7004TC REP0R73104-26-0414DM04-_0WEND0C
April 26;2004
Planning Commission
ADM 04-1063(Owen)
Page 2.4
structures, and industrial structures shall be installed so that the distance between two
consecutive fire hydrants does not exceed 600 feet;provided,the fire chief shall have the
authority to require additional fire hydrants upon a determination that such additional fire
hydrants are necessary to provide adequate fire protection. The fire chief shall develop written
criteria to be applied in determining whether additional fire hydrants shall be required.
The fire hydrant recommendation was further clarified by Chief Curry through communication
with the applicant and with Planning staff. Fire Code excerpts are included to assist in this
discussion. This development is a residential development located on a dead end street. The
easternmost edge of the subject property is within 400' of the nearest hydrant. Further,the new
structure must comply with a 600' distance requirement from the hydrant in accordance with
Section 508.5.1 (see attached). These distance requirements for the property and for the structure
have been reviewed by the Fire Marshall. The lot may be created(lot split filed)without
installation of a fire hydrant. However, in order to comply with the City's adopted.Building and
Fire Codes, if the new home (construction type Group R-3) is located more than 600' from the
nearest fire hydrant, a new hydrant must be installed.
CONCLUSION:
Staff recommends that the conditions and recommendations previously approved by the
Subdivision Committee are upheld. The development of all new residential lots within the City
of Fayetteville must comply with minimum standards. Provision of adequate public water supply
is a basic requirement of development and a cost which must be borne by the developer in order
to not burden the City's infrastructure or finances on behalf of private development.
K:MP0RTW0041PC REP0RTY04-26-0414DM04- OWEKDOC
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.5
Lot Split Requirements
All of the following requirements must be met in order for a lot split to be approved:
Zoning:
(City limits)
All proposed lots must meet the minimum bulk and area requirements for the zoning district in which the
lot is located.This also requires minimum frontage on a public street*.
(Growth Area)
All proposed lots must have a minimum of 10,000 square feet and have 75 feet of frontage on a public
street*
*If the minimum frontage requirement is to be meet by the construction of a public street,the street must
be constructed to the City of Fayetteville's minimum street standards if within or adjacent to the city limits.
Utilities:
(City limits)
All lots must have direct access to a public water and sewer lines. Service lines may not cross property
lines.Public Mains may have to be relocated or extended at the property owner's expense to meet this
requirement.This must be doneprior to filmy of any deeds and sale of grope
(Growth Area)
All lots must have direct access to a public water line. Service lines may not cross property lines.Public
mains may have to be relocated or extended at the property owner's expense to meet this requirement.This
must be done prior to filing of any deeds and sale of property. Septic systems may not cross property lines.
Arkansas Department of Health permits for individual sewage treatment systems are required for all lots
less than 1.5 acres in size.
FEES(Growth Area)
In addition to the fees collected at the time of lot split application, impact fees are for all new waterline
taps:(This is in addition to the tap fee).
FEES(City Limits)
The following will be assessed at time of building permit in addition to the standard building permit fees:
Parks Fees:
Parks fees will be assessed per lot for all new residential lots. Depending on the type of development the
Pees are as follows:
Single Family$555
Multi Family $393 -
Manufactured Home$555
Sidewalks:
Sidewalks or money in lieu of sidewalk construction will be required at time of building permit.
Impact Fees:
Impact fees will be assessed at the time of building permit on all permits issued after June 16,2003.
Grading/Drainage Permit Fees:
A grading and drainage permit with required review fees will be required at the time of development for all
lots affected by floodplain or having a slope of 15 %of greater.
Water and Sewer tap fees will be required for all new taps. April 26,2004
Planning Commission
ADl W".V° Owen)
age age 2.6
Water and Sewers - _ 31
ments and stating the amount of the assessments. Priorities for such improvement and expan.
The assessment is.to be based on the cos£of the - sion shall be established by the council on the
improvement and shall be home by the property basin of need and the city's financial ability,
owners in proportion to the value of each lot or (3) Major transmission lines are defined as those
parcel of land as assessed for taxation under the. having a diameter exceeding six inches.
general laws of the state.A copy of the assessment - -
shall be filed with the city clerk. Notice that such - (g) Extensions to and within subdivisions. The cost of
assessments have been filed with the city clerk shall extending water lines from existing water mains to 8,,h-
be published once in a newspaper of general circa- divisions and other land developments and the cost of con-
lation in thecity, and such assessments shall be - structing water facilities within subdivision as prescribed
final and conclusive unless questioned by action in subdivision regulations and according to specifications
filed in the county chancery court within 30 days and location prescribed by the water and sewer superin-
after the publication of notice of the filing of the tendent shall be the financial responsibility of the Bevel-
assessments. opera however,the city shall pay the excess material cost
of facilities of a size larger than required to service subdi-
- (D) All such assessments are payable to the city in the visions when such excess size is specified and required by
manner and within the time prescribed in the res- the water and sewer superintendent for the general ben-
olution. This may include the option to pay the efit of the water-system. All water facilities financed by
assessment in one lump sum or in installments the developer shall become the property of the city after
within the time and at the rate of interest speci- inspection and acceptance by the water and sewer super-
fied. mtendent.
(E) The assessment against each lot or parcel of prop-
erty shall constitute a lien on such property in favor (C) Water extensions outside the city..Water extensions
of the city. within suburban water districts and cities which have con-
tracted for water from the city shall be made at the ex-
(F) When an annual•assessment against any lot or pense of and in accordance with the policies of such dis-
parcel of property has not been paid for two years tricts and cities.Construction of extensions are to be made
from the date due,such delinquent assessment,plus only upon approval by the city water and sewer superin-
a 10%penalty shall be certified by the city to the tendent. Except for facilities needed to serve property
county clerk and the county clerk shall-place the within the city's limits,such as major transmission lines,
assessment and penalty on the tax books as a de- pump stations,and water storage tanks,water extensions
linquent tax to be collected and paid over to the outside such districts and cities shall not be made except
city by the collector, on the express approval of the city council, and in accor-
(Code 1965, § 21-15;Ord No. 1736, 4-20-70) dance with the following rules:
(1) No service connections will be made to raw water
transmission lines, except when a prior easement
§ 51.112 Water service and extension policy.. , from the owner to the city provides for such.
From and after the date set herein, the policies of the (2) Service connections to treated water mains may be
city concerning and regarding the development and main- made by the city to residences, businesses,and in-
tenance of the water system of the city shall be as follows: dustries which are adjacent to any existing treated
water main.In order to be considered adjacent,the
(A) (1) It shall.be the policy of the cityto maintain following criteria must be met:
and operate a municipal water system capable -
of delivering potable water under pressure to - (a) The length of the service pipe from the main
- the city's water customers.To sustain and ex- to the meter box shall not be greater than 60
pand the municipal water system the city shall feet,except when railroad and highway rights-
assume the expense of acquiring and treating of-way are traversed, then said distance shall
Water,together with the operation and main- not be greater than 150 feet.
tenance of transmission lines and appurte-
nances. (b) The distance from the meter to the point or
(2) Major transmission lines shall be constructed building where water will be used shall not be
in accordance with water system improvement more than 1,300 feet. For industries located
and expansion programs and plans adopted by on a larger tract,this distance may be greater.
the city council to better serve existing cus-
tomers and to make the water system avail- (3) The superintendent of the water aggd�s,@gwer d��egga�rt-
able to new customers and land development. ment is hereby authorize to mak°d'ir YblYiYec-
lanning Commission
Supp.No.4ADM 04-1063(Owen)
" .. -
Page 2.7
Il-xe
STANDARD SPECIFICATrpNa Fnn WAT R rnrFa
PART A GENERAL U EMENTS
1. Re uirem is to Extend Ater Servi r,,e-
All new development of any kind shall be required to extend
water services to that development at the owner's expense.
as
service shall include providing adequate domestic water flows Water er
well as fire protection with hydrants spaced in accordance with the
local and state fire codes.
on subdivision or large scale development water systems, water
lines shall extend to the subdivision property line where future
streets are either planned or built to serve adjacent property.
Construction of such extensions shallbe at
developer, the expense of the
At other locations easements may be required to facilitate
future extension of lines to adjacent properties.
The requirements to extend water service and provide lines
adequate for both domestic and fire demands shall apply to all
subdivisions regardless of whether they are inside the City Limits
or not. . Where subdivisions are outside the City Limits, the
Placement of fire hydrants shall be optional and in no case shall
hydrants be installed outside the City unless a) a fire Plow of at
least SCO gallons per minute can be obtained at the hydrant, and b)
the residents being served by the hydrant have a aortract for fire
Protection with the City of Fayetteville and/or with a Washington
county Rural Fire Department having a mutual aid agreement with the
Fayetteville Fire Department.
2 . Minimum Si a of Water es:
The minimum sized line that may be, installed in connection
with a subdivision is six (6) inch. This is required even if the
line is being extended from an existing line that is smaller than
Six (6) inches. Two (2) inch lines may be approved for cul-de--sacs
provided the line could not be reasonably extended in the future to
provide service to adjacent property and where a larger line is not
needed to provide either fire protection or adequate domestic
flows.
i
Eight (s) inch lines shall be required where needed to
maintain or to .create an Eight (8) . inch water line grid at a
spacing of about 1/4 of a mile in both the nortTi-south and east-
west direction. A spacing of less than 1/4 mile may by required to
accommodate domestic or fire. demands. Lines larger than eight (8)
inches will be required as recommended by the latest Water system
Study.
Part A, General
1
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.8
L00 0b0".ON 02:?o b0iL0ib0
The minimum line size requirement for the provision of fire
protection shall be a looped 6-inch line or, in the event of a dead
end line, an 8-inch. This minimum requirement shall apply
regardless of the theoretical flow capacities existing in the
system. Even where a 6-inch loop may be attained, the City Engineer
'may require the installation of an S-inch line in certain locations
where loops are long. and where large developments are
involved. Lines larger than 8-inch may be required if they are
needed to provide domestic and fire flow demands for a development.
3 City Participation in Wa , r ;nP costs;
In cases where the City desires to have a larger sized water
line in place than is required under Part 11 Paragraph 2 of these
Specifications, the City may enter into an agreement with the
developer to provide for the construction of the larger sized line.
In that event, the City shall be responsible for the
difference in material and installation cost between the site line
required for the developer and the size line desired by the City.
The City shall not be responsible for any engineeri.nt- cost
associated with the up-sizing unless the larger size line is more
than 12•-inches in diameter. The City shall not art Lr
cost of an 8-inch or smaller 1 n e n tft p�� in the
the Citv maw
consider Participating in the cost of smaller lines when a _neral
number of customers are involved in a non-deyelonmerr gityat,ion.
The cost involved in up-sizing shall be determined by the
developer's engineer by the taking of bids, and shall be approved
by the City Engineer and by the City Council and/or Mayor.
4. Easements :
Easements for water lines shall be at least 20 feet in width
regardless of the size of the water line. The easement may be
designated specifically for water line purposes or it may be a
general utility easement.
Lines sized 12-inches through 18-inches shall not be placed in
easements of less than 25 feet. Lines larger than 18-inche5 shall
be placed in an easement of no less than 30 feet. Wider easements
may be required, depending on the specific circumstances involved.
Easements of a lesser width will be considered when adjacent
to another easement or under other special circumstances. Also,
where easements are required between lots, the City will consider
16 foot easements (to coincide with setbacks) . -
Part A, General 2
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.9
806' 0b0'ON - 0£:Z0 1701L0i170
10.13.4. ; Buildingsotherthan dwellings. In all
buildings other than dwellings, shutoff valves Simi be installed
which permit the water supply to all equipment In each separate
roam to be shut off without Interference with the water supply to j
I
ny other room or other portion of the building. — j
r
10.13.5, Water heating equipment. A shutoff valve
shall be provided in the cold water brands line to each water
storage tank, or each water heater. 'Under no condition shell
such valve be Installed without compliance with 10.16. and
10.17.hereof.
10.13.6. Restriction of stop and waste shutoff: .Stop ;
and waste shutoff valves shall not be installed underground, in,
or below any pit or receptacle.
10.14.Water supply distribution
10.14.1 Water service pipe. The water service pipe
from the street main to the water distribution system for the
buying shall be of sufficient size to furnish an adequate flow of
water to meet the requirements of the building at peak demand.
In no case shall the water service ptpebsfess than%inch Insiide
7/) is et from the water heater to the building service. It shall
continue as the same size to the first branch of the mein building
water line. In no case shall the water supply pipe to a water
heater be less than 1."from the heater to the building service. (If
flushometers or other devices requiring a high rate of water flow
are used, the water service pipe shall be sized to supply the
demand required:)
10.14.2: Demand load. The demand load in the
building water supply system shall be based on the number and
kind of fixtures installed and the probable simultaneous use of
these fixtures.
10.15. Procedure in sizing the water distribution
system of a building
10.15.1. Size of distributf0n system. The sizing of the
water distribution system shall conform to good engineering
practice.' Design factors used to determine pipe sizes shall be
adequate in the judgement of the Administrative Authority. (See
chapter 10.15.1.2, and 10.20. for guidance in the design of water
- supply system.)
t8
April 26,2004
Planning Commission
ADM 044063(Owen)
Page 2.10
f
}
i
Appendix C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C101 SECTION C104
GENERAL CONSIDERATION OF EXISTING FIRE HYDRANTS
C101.1 Scope.Fuc hydrants shall be provided in accordance C104.1 Existing fire hydrants.Existing fire hydrants on pub-
withthis appendix forthe protection of buildings."portions Of lic streets are allowed to be considered as available.Existing
buildings,hereafter constricted- foe hydrants on adjacent properties shall not be considered
available antes fire apparatus access roads etteml between j
SECTION C102 pmpettiesandeasementsareestablishedtoprevent obstruction i
LOCATION of such mads.
C107-1 Fire bydrtmt loentions. Fuc hydrants shall be pro-
videdalong required fire apparatus access conds and adjacent
public streds. SECTION CTOS
DISTRIBUTION OF FIRE HYDRANTS
SECTION C103 C10SA Hydrant spacing.The average spacing between fire
NUMBER OF FIRE HYDRANTS hydrants shall note teed that listed in table C105.1.
C103.1Fire bydraotssavoilable.The minimum number of fire Exception:The fire chief is authorized to accept a deb-
hydrants available to a building shall not be less than that listed ciency of up to 10 percent where existing fire hydrants pro-
in Table C105.1.The number of fire hydrants available to'a vide all or a portion of the required fire hydrant service.
complex or subdivision shall not be loss then that determined
byspacingtequiremems;listed ioublc:005.1wbenapplied to Regardless oftheaverage spacitig,fire hydratttsshall belo-
fixe apparatus access roads and petimetee public streets from sated such thatall points on streets and access roads adjacent to
which Fite operations could be conducted'.' a building are within the distances listed in Table C105.1.
YABLE C10S.1 -
NUMBER AND DISTRIBUTION OF FIRE NVORAWS
AVERAGE Menlo MAxMIUM PWAME FROM
nw-FLOWREMAREM " ""mumN OF MS BETWEENNYDRAJI `a0 M1Yone �NrtONSTR VDaANre n
1750oclaz 1 500 - 250.
z o00 2,2w 2 450 225
21500 - - 3 - 450 - 225
3.000 - 3 - 400 - 225
3.5W4.000 4 350 210
4.SW-S.000 5 300 180
5.300 6 ' 300 190
6.000 6 250 - - 150
6.500-7.000 7 250 150
7.5M or more 9 or More 20 120
Icor St_ L fao1.701.8 tmr..l galbn pa rtdnote�3.T85 Um. -
a,Redvoe by 100 feet for dead-ead crag*or FOAL
4wbe waea x provided with nadiandWidepwhicb we be crested by fire firlam ydlinghote liner.orwhm arteriot sheen ora pwldedwith faurormore
treQtWesaadhsseahelfitaanl ofmwaNm90.tgOvehiekcperday.bydrmtsyeringrheaaverege500fstoneach3ideolaKntarAandbeatrangrdoe onaF
tcawing Iain up rn a foe-now rephemcrd at 7,000 Salinas per adaute and 4W feet for higher fae•Row requirctne im
e.when:am water maim ase extended dungttmo whetehydmfs ate not aeededfor protection Ofswdures orsimilar fieproblr m fire hydanaShall be pro-
votedAt epaciag not to exceed LOW fat to pxovlde fornvaspodmtan barards.
®Reduce by 50 fast V dud-ond meets aTodds.
c onehydraofmcacb 1.000gdloupvmimdewaaaianthacof. - April 26,2004
Planning Commission
- ADM 04-1063(Owen)
Page 2.11
2000INToMTI0NAL FIRE CODEM - 352
/,/UW2izs ((�y��i-1Jr/�7r�ae'
308.4.1-310.1 USE AND OCCUPANCY CLASStFlb7tTIpt4� •'Z--
308.4.1 Cvuditlon 1.This ocmupaticy,Condition shall: u o
include buildings in which,fiee movunentis allowed from occupants vsege
sleeping areas,and other spaces where access or occupan- Ims tl a 6 R-3 Occupancy
cy is permitted,to the exterior via awans of egress without Famay D,y C.a xome
restraint:A Condition 1 facility is permitted to be cou- Msienun - 1
strutted as Group R 4 but lase ower 10 NFPA 141
:More than. Group Day Cm Raw r
3U8.a.2 Condition 2.This occupancy,condition shall 10,but by nun 16 -NFPA 101`
include buildings in which-five movement is allowed from Moe m.n Day Cate Oa yam.
sleeping areas and any other occupied smoke compart. t6.4ut less dun 100 NEPA 101
mem to one or more other smoke compartments.Egress to
the exterior is impeded by locked acus. A11Y utast te0 w mwc G wpE Oavpancy
308:4:3 Condition 3.This occupancy condition shall SECTION 309
include buildings in which free movement is allowed - MERCANTILE GROt1V M
within.individual smoke;compartments,such as within.a 309,1 Mercantile Group M.Mercantile Gtoup;A4.acclipaa- i
residential unihcompri4ed of individual sleeping rooms cy ideltHIM among others,buildings and structures or a per-
and group activity spaces, where egress is impeded by lieu thereof, for the display and sale of merchandise,and
remote-controlled release of means of egress from such a involves stocks of.goods wares or merchandise incidental to
smoke compartment to another smoke compartment
each purposes and accessible to the public.Mereaotile occu-
pancies Shall include,but not be limited to,the following:
308.4.4 Condition 4. This occupancy condition shill
include buildings in which free movement is restricted Depamnent stores
from an occupied space.Remoto-twntrolled'release is pro- Drug stores
vided to permit movement from sleopitig rooms,activity Markets
spaces and other occupied areas within the smoke coreMotor vehicle service stations
patlment to other smoke compattmettts. Retail or wholesale Stotts
Sales rooms
308.4.5 Condition S. This occupancy condition shall 309.2 Quantity of hazardous materials. The aggregate
.include buildings_in-which free movement is restricted. quantity Of nonflammeble solid and nonflammable or pon.
[rook an::occupied space. Staff-controlled mamial release isprovided combwhblG;fiqudd.hazardous materials stated or di la m
its spat s permit movement from cls wits rooms,active a single.control arca of a.Group M occupancy sshall of
try spacers and other occupied areas within the smoke exceed the quantities in Table 414.2.4.
wroparbnent to other smoke compartments.
SECTION 310
3083 Group 14, day care facilities.This group shall RESIDER GRQUP R
include buildings and structures occupied by persons of any 310.1 RwMential Group R Residemisl Group R attgain-
age who receive custodial ate for less Owl 24 hours by bull
victuals other than parents or guardians,relatives byblood cY includes.among others,Clic use of a building or Structure,
marriage,or adaption and in a place other than the lame of or a Portion themof.for sleeping accommodations when not
classed as as Institutional Group f
die person cited Cor.A facility such as the above with five or .Residential occupancies
fewer persons sba0 be classified as a Group R-3. Places of shall include the following
worship during religious fractions are not included R-1 Residential occupancies where the occupants ate pri-
Warily transient in nature(Ices than 30 days)including
3085.1 Adult.care facility.A facility that provides '
accommodations for less than 24 hours for more than five Boarding houses(transient)
unrelated adults and provides supervision and personal Hotels Cmduding motels)
care services. R-2 Residential occupancies containing more than two
dwellittg units where the occupants are primarily per-
308.5.2 Chad care facility.A facility that provides super- tttaaent in nature,iucludutg:-
vision'and personal cam on less than a 24-hour basis for
more than five children 21h years of age or less shall be Apartment houses _.
classified as Group 1-4. Boarding houses(not transient)
Convents
Exception:The definition of Day Cate occupancies Dormitories
shall meet the provision of the AFDC and NFPA 101. Fraternities and sororities
The definitions of day cue occupancies as set out in Monasteries
NFPA 101 shall be amended per Dept. of Human R-3 Residcntial occupancies where the occupants are pri-
. Services Division of Child Care capacities. marbly petmaaent in nature and not classified igfbil.t6,2004
Planning Commission
ADM 04-1063(Owen)
38 - INTERNATIONAL BUILDING COOEmrARKANSA5201irage 2.12-
AND OCCUPANCY CtASSiFICAfiON 310.2-arra .�
WE ,
R-2 or hand-where buildings do not contairtnlae than foe partitions or horizontal atsemblier at required by
two dwelling uhiM or adult and child carr facilities Sections 703 and 710.
that provide accommodations for five or fewer persons SECTION 311
of any age for less than 24 hoots.
STORAGE GROUPS
Rd Residential occupancies shall oxhide buildings arranged 311.1 Storage Group S. Storage Group S occupancy
for occupancy as Residential CardAsststed Living includes among others,the use of a building or structure,or
Fagiiucs including more don five but nor more than 16 a portion thereof, for storage that is not classified as a haz-
occupants.excluding staff. erdous occupancy.
Group R-4 occupancies shall inept theiequircrowts
for construction as defind for troop R-3 except for 3113 Moderate-hazard storage, Group S-1. Buildings
the height end area limitations provided in Section 303. occupied for storage uses which ate not classified as Group
S-2 including,buena limited,to storage of the following-
3102 Ddioitious The following words tad terms shall,for Aerosols.Lovel 2 and Level 3
the purposes of this section and as used elsewhere in this Aircraft hangars
code.have the meanings sbown herein: Bags,cloth,burlap and paper
Bamboos atdiattaart
BOARDING HOUSE A building arranged or used for Baskets
lodging fa' compensation.with or without meals. and not .Belting,canvas and leather
occopied ass single-family unit Books and papa is rolls or packs
Boots and shoes
DORMITORY.A space in a btuliding where group sleeping Buttons,including cloth covered,pearl or bone
accommodations are provided in one ropm,or in a series of Cardboard and cardboard boxes
closely,associated_rooms, for persons not mcmtias of the Clothing,woolen wearing apparel
'samo family group.under joint occupancy and single man- Cordage
agement,as in college dormitories or f stemity houses. Furniture
Furs
DWELLING UNIT.A single unit providing complete,it*- Glues.mucilage,pastes and size
pendent living facilities for one or MoMperscns.including Grains
permanent provisions for living, sleeping. eating. cooking> Home and combs,other than celluloid;
and sanitation. Leather
Litmleurn
PERSONAL CARE SERVICE The care of residents who Lumber
do not require chronic of convalescent medical or nursing Motor vehicle repair garages complying with the maxi-
cam personal care involves responsibility for the safety of mum allowable quantities of hazardous materiels listed
the resident while inside the building. ' in Table 307.7(1)"(See Section 406.6.)
petrokum warehouses for storage of fibnceting oils with
RESIDENTIAL CAREfASSISTED :LIVING FA.CILI- a flash point of 200'F(93'Q or higher
TIES.A building or pan thereof housing a maximum Of 16 Photo engravings
persons,on a 244our basis.who because of age,mental dis- Resilient flooring
ability«other reasons,live in asupervised residential eovi- Silks
moment which provides personal care services.The oecu- Soaps
pants are capable of responding 10 an enwtgency Situation Sugar
without physical assistance from staff. This classification Tires,bulls storage of
Shari include but-not be limited to;the following:residential Tobacco,cigars,cigwettes and snuff
board and care facilities, assisted living facilities, halfway Upholstery and mattresses
houses,group homes,congregate caro facilities,social reha- Wax candles —'
bilitation facilitim alcohol and drug abuse centers and con.
vateseentfacilities,Residential carelassisted living facilities 311.3 Low-hozatrd storsger Group S-2.Includes.wrong oh-
lousing more dot 16 persons shall be classified as a Group crs,buildings used for the storage of noncombustible materials
such as products on wood pallets or in papa clitoris with Or
without single thickness divisions,or in paper wrsppmgs.Such
3103 Required dwelling onit and guestroom separation. products may have a negligible amount of plastic thin such as
Walls and floors separating dwelling units in the sante build- knobs,handles or film wrapping.Stoag�Dasrs i 04
idg,w guestroaas in Group R-1 hotel occupancies,shalt be not limited to,storage of the following' ening Commission
ADM 04-1063(Owen)
2mMIG1NATIONAItNntDtNGCOD96 - Pagei3.13
FlRt SERVICE FEATURES Sar-509.1
SECTION 507 - messed by the cote official or approved documentation of the
HAZARDS TO FIRE FIGHTERS test shall be provided to the codc official prior to final approval
507.1 Trapdoors to be closed.Trapdoors and scuttle covers, of tha water supply system.
other thin those that are within adwelling unit or automatically 5011.5 Fire hydrant systems.Fire hydrant systems shall cam--
operated,shall be kept closed at all times except when in use. ply with Sections 508.5.1 through 503-5.6.
507.2 Shattway marldags Vertical shaftsshall be identified SO8.5.1 Where requi►sd:Where a puition of die facility or
as required by this section. _ building construe or mo to o or un a e
507.2.1 Exterior access to ahaflways, Outside openings tmsdtationismore tthan400fcet(122m)flomahydranton
accessible to the rim department and which open directly on 11 We appuat"access cow.as measure.d by.anappro
e hoistway or shaltway communicating between two or route around the werior of the acit of m ag;oo-arta
more floors in a building shall be plainly marked with the fue bydrann Ono 111111111 aha "— nie regu :
word SHAFIWAY in red letters at least 6 inches(152 mm) rho Bodo offiaal. i
high on awhite background.Such warning signs shall be so Ezcetitbms
placed as to be redly discemibk from tab outside of die 1 $ aad Grpnp lI u
building. "R 11151 the d t-
507.2.2 Interior access to sttaftways. Door or window tan�erCtWttemcntshallbc6tlOTeet I;89aR_
openings to a hoiaway or shaRway from dr,interior of the 2. For buildings equipped throughout_with all ap-
building shall be plainly marked with the word proved automalie sprinkler system installed in ac-
SRAFiWAY in ted letters at least 6 inches 1152 mm)high coidancc with Section903.3.1.1 or 9033.1.2,the
on a white background Such warning sigm shell be so d aLlpice requirement shall be 600 fed(193 ml
placed as to be readily discernible. 5085.2 Iwprxtianr.testing and maintenance Fere by-
Exception:Marking shall not be required on shaflway tbant systems chat[be subject to periodic left as required
Which,arereadil discernible as m by the code official.Fite hydrant system shall be main-
openings dl7 openings onto mined in art ope"ye,condition at all times and shall be te-
a sla[tway by the cvasttuction or estrangement paired where defective Additions.replan.altaatrons and
507.3 Pidalts.The intentional design of alteration of buildings servicing shall comply with approved standards.'
to disable,injure,maim,or kill intruders is prohibited.No per- SM5,3 Private fire service mains and water tanks.Pri.
son shalt install and use firearms,sharp or pointed objects,ra- vatnfire acrvice mains and water tanks shall be periodically
zor wire, explosives. flammable or combustible liquid mspoeted,tested and maintained inaccordance with NFPA
containers,ardispenserscontaining highly toxic,toxic.irritant 25 at the followingintuvatr
or otter buardous materials in a manner which may passively 1. Private fire h
or actively disable,injure,main,or kill afire fighter who fore �after each
(all Clow test pe annually
ibly caters a building for the purpose of controlling or"tin- operation; Maintenance
guishing a fire.rescuing trapped occupants;or rendering other annually.
emergency assistance. 2. Fire service main piping:Inspection or exposed,an.
manly,flow'test every 5'years.
3. Fin,service main piping strainers: Inspection and
SECTION 508 maintenance after each use.
FlREPROTECTION WATEASUPPLIES 505.5.4Obstructbp.posts.fences,vehicles.growth,bask
SOLI Required water supply.An approved water supply ca- storage and other materials or objects shalt nes be placed at .
Pablo of supplying the required fire Dow for fire protection kept near fro hydrants,fire department inlet connectionsor
shall be provided to premises upon which facilities,buildings fie protection system control valves in a meaner that
would
orportions of buildings aro hereafter constructed or moved into prevent such equipment or fere hydrants from being imme-
or Wilma the jurisdiction. diately disoemibte.The fitedepanineat"l notbedetenvd
508.2 Type of water supply.Watersupply shall consist of res- of hindered from gaining immediate access to fire ptolec-
ervoirs,pressure tanks.elevated tanks,water mains of other lion equipment or fere hydrantr
fixed systems capable of providing die required fire flow. 508.5.5 Clear spacearound hydrants A 3-f lot(914 mm)
SOB Z I Private rice service tmias..Private fire service cleatspaceshall bemaintairiedamundthecircumfuenccof .
mains and appurtenances shall be installed in accordance fire hydrants except as otherwise required of approved.
with NFPA 24. 508.5.6 Physical protection.Where fire hydrants arc sub-
5081.2 Water tanks.Water tanks-forprivatefiteprotection jest to impact by a motor vehicle,guard posts or other ap-
shall be installed in accordance with NFPA 22. proved Means shall comply with Section 312-
508.3 Fire[low.Fire flow mquiremcals for buildings or por-
lionsof buildings and faclitits shall be determined by an ap- SECTION 509
proved method. FIRE COMMAND CENTER April 26,2004
500.4 Water supply test.The code official shalt be notified 509.1 Features.Where required by othEdamatia6hthiariadion
prior to the water supply test Water supply tests shall be wit- - and In all buildings classified as high-riLt4>$ifkfiP8aK8 th�1n)
2000 INTERNATtONAt FIRE CODES - � Page 2.14
411
Technical Plat Review
January 28, 2004
Page 10
LSP 04-10.00: Lot Split(Owen, pp 254)was submitted by Dave Jorgensen of Jorgensen
& Associates on behalf of Tanya and Ben Owen for property located at 2625 Warwick
Drive. The property is zoned RSF-4, Residential Single-family, 4 units per acre and
contains approximately 339 acres. The request is to split the subject property into two
tracts of 2.57 and 0.83 acres respectively.
Pate: Item number four is LSP 04-10.00, a Lot Split for Owen submitted by
Dave Jorgensen for property located on Warwick Drive. The request is to
split into two tracts of 2.57 and .83 acres. Suzanne?
Morgan: If we could get Mr. Owen's signature on the application. Also, if you
could submit a letter to staff regarding the intent of this proposal. This is
the third,and final split for this property. Regarding modifications to the
plat, some of the noteworthy notes here, show the centerline of Warwick
Drive. There is currently 30' of dedicated right of way and access
easement along Warwick Drive and in order to create a conforming right
of way for residential, if you could dedicate an additional 10' of right of
way along there to create a 40' right of way.
Jorgensen: That would be 10', no problem for sure on ours but on the existing
property?
Pate Just on yours.
Jorgensen: Ok.
Morgan: If you could show the lines for the septic system on the .83 acre tract and
also identify the acreage under each tract. The lines I believe are supposed
to be 10' from property lines. If you could submit a letter or get into
contact with the Health Department about approval of a septic system on
that size of acreage. The access drive here, I don't know if you are
wanting that to be accessed by this property. You may want to consider
putting that into an easement or removing this line. If you could add the
appropriate signature blocks for right of way dedication. Those are
included in here. Modify the vicinity map to show only the subject
property. Those are the majority of comments from Planning. Matt, do
you have any comments?
Matt Casey—Staff Engineer
Casey: The only comment is, you all are aware that water will need to be
extended to serve these lots. You show that on the plat, if you could just
label that as proposed.
Jorgensen: That's-all I have.
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.15
Technical Plat Review
January 28, 2004
Page 11
Morgan: Parks fees in the amount of$555 will be due. Are there any comments
from utilities?
Jim Sargent—SWEPCO
Sargent: I would like to see a utility easement somewhere along that north side.
Jorgensen: You're talking about along the north boundary line?
Sargent: If that is going to be a street then we will probably want it along the south
side of that street.
Jorgensen: Ok, 10',that will be in addition to the 40' right Jim?
Sargent: Yes.
Clouser: I would like to get in there too, is that possible?
Jorgensen: They have to have a 25' building setback anyway.
Clouser: If we could do a 20' that would be preferable.
Morgan: Fire comments were included. Just a note that water values aren't visible
on the plat and hydrant status not found. Revisions will be due February
4`h by 10:00 a.m.
Jorgensen: Good deal,we appreciate it.
April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.16
LSP 04-10.00
Page I
FAYETTEVILLE SC Meeting of February 12, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS -
113 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:501-575-8264
TO: Subdivision Committee Members
FROM: Suzanne Morgan,Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning&Development Administrator
DATE: February 10,2004
LSP 04-10.00: Lot Split(Owen, pp 254)was submitted by Dave Jorgensen of Jorgensen &
Associates on behalf of Tanya and Ben Owen for property located at 2625 Warwick Drive. The
property is zoned RSF-4;Residential Single-family, 4 units per acre and contains approximately
3.39 acres. The request is to split the subject property into two tracts of 2.57 and 0.83 acres
respectively. Planner: Suzanne Morgan
Findings:
Proposal: The applicant requests to split the existing 3.39 acre property into two tracts of
approximately 2.57 and 0.83 acres. The subject property is zoned RSF-4 and is located west of
Oak Bailey Lane and south of Warwick Dr.
Existing Development: There is an existing home on the proposed tract 2. Warwick Drive is
constructed to the existing gravel drive on this property. Adequate lot frontage for both lots is
provided by a split in this configuration. This is the third and final lot split allow for this
property.
Surrounding Zoning: All surrounding property is zoned RSF-4.
Right-of-way being dedicated: Warwick Dr. is an existing 30' right-of-way. An additional 10'
of right-of-way shall be dedicated for a total 40' right-of-way.
Recommendation: Staff recommends approval at the Subdivision Committee level with the
following conditions:
Conditions of Approval:
1. The property line for Tract 2 shall be adjusted to provide a minimum ten foot setback
from the septic system.
2. Parks fees in the amount of$555 for one additional single-family lot to be paid prior to
issuance of a building permit.
x:AEPoers¢ao4�SCPEPoazso2-12-o4¢sPo4-10.000WEXDOC April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.17
LSP 04-10.00
Page 2
Standard Conditions of Approval:
3. 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)
Additional conditions:
a.
b.
C.
Subdivision Committee Action: O Approval O Forwarded to P.C.
Meeting Date: _February 12, 2004
Comments:
The "Conditions of Approval' listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
K.IREPORTSI2 MSC REPORTS102-12-041LSP0C70.00 OWENDOC April 26,2004
Planning Commission
ADM 04-1063(Owen)
Page 2.18