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HomeMy WebLinkAbout2008-04-28 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, April 28, 2008, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE It' you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2008 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Jeremy Kennedy Jill Anthes aye1• r lre 1'�TARKANSAS a TENTATIVE 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, April 28, 2008, 5:30 p.m. Room 219, City Administration Building 2007 Annual Planning Commission Report The following items will be considered: Consent Agenda: 1. Approval of the minutes from the April 14, 2008 meeting. 2. LSP 08-2949: Lot Split (WOODARD, 242): Submitted by BLEW & ASSOCIATES for property located at 5253 WEIR ROAD. The property is in the Planning Area and contains approximately 8.58 acres. The request is to divide the subject property into two tracts of 1.55 and 7.03 acres. Planner: Andrew Gamer 3. VAC 08-2969: (QUALITY LANE APARTMENTS, 289): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located NW OF QUALITY LANE AND GREGG AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 6.43 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Unfinished Business: New Business: 4. CUP 08-2953: (BRISIEL/DEANE STREET, 365): Submitted by TIM BRISIEL for property located at 1631 DEANE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.69 acres. The request is for a tandem lot. Planner: Jesse Fulcher 5. LSP 08-2952: (BRISIEL/DEANE STREET, 365): Submitted by TIM BRISIEL for property located at 1631 DEANE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.69 acres. The request is to divide the subject property into four tracts of 0.29, 0.29, 0.84 and 0.29 acres respectively. Planner: Jesse Fulcher 6. CUP 08-2970: (EAST SIDE BAPTIST CHURCH, 527): Submitted by BLEW & ASSOCIATES for property located at 325 S. CROSSOVER, W OF WYMAN. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.04 acres. The request is for additional parking. Planner: Jesse Fulcher 7. CUP 08-2972: (BUD'S AUTO SERVICE & PARTS, 433): Submitted by PAUL LOWERY for property located at 7613 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 2.38 acres. The request is for a change of non -conforming use, auto service, repair and body shop (Use Unit 17.) Planner: Andrew Garner 8. RZN 08-2968: (LAZENBY, 557): Submitted by DAVE JORGENSEN for property located at 3390 W. 6TH ST., NE CORNER OF HWY 62W & OLD FARMINGTON RD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.49 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Dara Sanders 9. RZN 08-2971: (WALKER PARK NEIGHBORHOOD): Submitted by THE CITY OF FAYETTEVILLE THE SUBJECT PROPERTIES ARE ROUGHLY BOUNDED BY ARCHIBALD YELL BLVD., HUNTSVILLE ROAD, MORNINGSIDE DRIVE, 15TH STREET AND S. SCHOOL AVENUE. The properties are zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE, C-2, THOROUGHFARE COMMERCIAL AND P-1, INSTITUTIONAL and contain approximately 303.45 acres. The request is to rezone the various properties within the boundaries of the Walker Park Neighborhood to NC, Neighborhood Commercial (128.19 acres), DG, Downtown General (107.41 acres), and MSC, Main Street Center (19.94 acres.) Planner: Karen Minkel 10. R-PZD 06-2170: (VILLAS AT STONEBRIDGE, 645/646): Submitted by APPIAN CENTRE FOR DESIGN for property located S OF HWY. 16E AND E OF GOFF FARM ROAD. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 53.03 acres. The request is for zoning, land use and preliminary plat approval for a Residential Planned Zoning District with a maximum of 354 dwelling units and 65,000 s.f. of non-residential space. Phase I development approval consists of 91 single family lots. Planner: Jesse Fulcher All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. ayyLiev r e THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April 22, 2008 PC Meeting of April 28, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSP 08-2949: Lot Split (WOODARD, 242): Submitted by BLEW & ASSOCIATES for property located at 5253 WEIR ROAD. The property is in the Planning Area and contains approximately 8.58 acres. The request is to divide the subject property into two tracts of 1.55 and 7.03 acres. Planner: Andrew Garner Findings: April 17, 2008 Subdivision Committee: This item was forwarded from the Subdivision Committee to the Planning Commission as there were only two members of the Subdivision Committee present and the item could not be approved. Property & Proposal: The property is located at 5253 Weir Road and isoutside the Fayetteville City limits and within the Fayetteville Planning Area. The property is 8.58 acres and contains two single family residences, accessory structures, and pasture. The applicant requests to subdivide the 8.58 -acre tract into tracts of 1.55 and 7.03 acres. The owner indicated to staff that they wish to subdivide the tract for financial reasons. Both tracts have direct access and street frontage onto Weir Road (County Road No. 94). The existing house on the Tract 1 is accessed off of a gravel drive, a portion of which traverses on to Tract 2, and is being placed into an access easement by this lot split. All surrounding properties are in the Fayetteville Planning Area and are being used for rural residential or agricultural purposes. Surrounding Land Use/Zoning Direction Land Use Zoning North , South, East, West Rural Residential/Agricultural Fayetteville Planning Area Adjacent Master Street Plan Streets/Right-of-way dedication: Weir Road (County Road No. 94) is a local street. No additional right-of-way is required to be dedicated for Weir Road as the survey depicts that 30 feet from centerline right-of-way exists. Water/Septic: Public water is available to both lots and the existing houses are served with the septic systems. K:: I Reports120081 PC Reports 108 -April 281 LSP 08-2949 (Woodard).doc April 28, 2008 Planning Commission LSP 08-2949 Woodard Agenda Item 2 Page 1 of 6 Recommendation: Staff recommends approval of LSP 08-2949 with the following conditions: Conditions of Approval: 1. Revise the plat to address the following comments, and then submit the revised plat to the Planning Division for review prior to obtaining signatures. • Provide two points listed in State Plane Coordinates. ■ Provide a 30 -foot utility easement on Tract 1 for the existing overhead electric line, or as agreed with the utility provider. • Show the parcel lines of the surrounding properties. • Label North Adams Road as a Collector Street on the vicinity map. 2. Lot split approval shall also be obtained through the Washington County Planning Division. 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). 4. This lot split approval is valid for one year. Should the lot split not be recorded within one year the approval shall be rendered null and void. Planning Commission Action: ❑ Approved Motion: Second: Vote: Meeting Date: April 28, 2008 Comments: 0 Denied 0 Tabled The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K:IReports12008IPC Reports108-April 281LSP 08-2949 (Woodard).doc April 28, 2008 Planning Commission LSP 08-2949 Woodard Agenda Item 2 Page 2 of 6 Blew Associates, Inc_ Civil Engineers Professional Land Surveyors 2434 E Joyce Blvd Suite #2 Fayetteville, AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 http://www.blewinc.com LSP — 08-2949 WOODARD / WEIR ROAD By request of our client, Randy Woodard, we are submitting a revised plat for the planning commission meeting on April 14, 2008. All technical plat comments have been addressed but our client wishes to increase the size of Tract 1 to 1.55 acres, more or less, and decrease Tract 2 to 7.03 acres, more or less. April 28, 2008 Planning Commission LSP 08-2949 Woodard Agenda Item 2 Page 3 of 6 LSP08-2949 WOODARD One Mile View WEIR RD 1VFSR go _.. SUBJECT PROPERTY RSF-4 RSF-4 c... MORryING MIST DR O Overview Legend Subject Property I',yd LSP08-2949 Boundary Planning Area r. Overlay District 1 Outside City 0 0.2 0.4 Legend RSF-1 iu UM Hillside -Hilltop Overlay District 0.8 Miles 'RSFI April 28, 2008 Planning Commission LSP 08-2949 Woodard 4QSSa ifs 2 Page 4 of 6 LSP08-2949 Close Up View WOODARD Overview 0 75 150 300 450 600 Feet April 28, 2008 Planning Commission LSP 08-2949 Woodard Agenda Item 2 va-geb Ot 6 April 28, 2008 Planning Commission LSP 08-2949 Woodard Agenda Item 2 Page 6 of 6 8 d ay evi Sle ARKANSA THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 28, 2008 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April 22, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 08-2969: (QUALITY LANE APARTMENTS, 289): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located NW OF QUALITY LANE AND GREGG AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 6.43 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Gamer Findings: Property and Background: The subject property contains 6.43 acres, located west of Gregg Avenue, north of Sunbridge Drive, and is zoned RMF -24, Residential Multi Family. This site is developed with the Village at Scull Creek Apartments (LSD 05-1799 Village Apartments) assisted living facility. There is a retaining wall on the site that was constructed over a section of public sanitary sewer pipe. To resolve this issue to the satisfaction of the City Engineering Division, the applicant proposes to make that section of sanitary sewer line a private line that the owner will be responsible to maintain. The Engineering Division has agreed to this resolution, and recommends approval of the vacation. However, other utility companies have requested to retain the rights for the utility easement. Surrounding Land Use/Zoning: Surrounding zoning and land use are depicted in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Vacant RMF -24, Residential Multi -Family South Single Family HomeNacant C-2, Thoroughfare Commercial/I-1 Heavy Commercial/Light Industrial East Apartment Complex RMF -24, Residential Multi -Family West Vacant -University Farm RA, Residential Agriculture Request: The applicant is requesting to vacate the City nghts and maintenance to a 0.12 acre portion of general utility easements dedicated as part of the Village at Scull Creek development, in order to allow the sanitary sewer line underneath the retaining wall to become a private sewer line under the maintenance of the property owner. This request K:\Reports\2008\PC Reports\08-April 28\VAC 08-2969 (Quality Lane).doc April 28, 2008 Planning Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 1 of 14 does not vacate rights of franchise utilities to this utility easement, just the City. All other utilities would maintain rights of ingress/egress and maintenance or installation therein. The applicant has submitted the required notification forms to the City with the results summarized below. CITY OF FAYETTEVILLE- Water/Sewer RESPONSE No objections. The City maintenance of the sewer line stops at manhole 1-3 that is indicated on the prints; from manhole 1-3 to the west is private. Transportation No Objections Solid Waste No Objections Recommendation: Staff recommends forwarding VAC 08-2969 to the City Council with a recommendation of approval to vacate the easement as depicted herein with the following condition: 1. This approval only vacates the rights of the City to utilize the subject easement, and does not in any way affect the rights of franchise utilities to install and maintain their utilities within the easement. 2. The City maintenance of the sewer line stops at manhole 1-3 that is indicated on the prints; from manhole 1-3 to the west is private. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 0 Forwarded 0 Denied 0 Tabled Date: April 28, 2008 Motion: Second: Vote: Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Date K:\Reports\2008\PC Reports \08-Apri128\VAC 08-2969 (Quality Lane).doc April 28, 2008 Planning Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 2 of 14 March 20, 2008 Jesse Fulcher City of Fayetteville, Planning Department 113 W. Mountain Fayetteville, AR 72701 RE: Village Apartments CTS Job No. 051098-00 Dear Mr. Fulcher: p Crafton Tull Sparks architecture I engineering Birmingham Conway Little Rock Oklahoma Ctly Rogers Russellville Tulsa Wichita We are submitting the Easement Vacation Request for the Village at Scull Creek Apartments that we've been discussing for some time. We are making this request to resolve the fact that a retaining wall on the site was constructed over a section of sanitary sewer pipe. In resolving this with Engineering, they recommended that we make that section of sanitary sewer line a private line that the owner will be responsible to maintain. We've noted our record drawings in this manner and have secured the concurrence of each of the affected City entities in order to process this request. I would like to remind you that this request is not vacating the rights to franchise utilities to install and maintain their facilities within this easement, but rather just the rights of the City to install and maintain water or sewer lines in the easement. If you have any questions or concerns, please feel free to call my direct number at (479) 878-2475. Steven Beam, P.E. Project Manager April 28, 2008 Planning Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 3 of 14 PETITION TO VACATE PETITION TO VACATE. CIT' OE FAYETTEVILLE'S RIGHTS TO AN EASEMENT LOCATED IN TRACT I OF PLAT RECORD 2004-43405, KNOWN AS THE PILLAGE APARTMENTS' OR VILLAGE AT SCULL CREEK, CITY OF FAYETTEVILLE, 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 easements. hereinafter sought to be abandonedands vacated, lying in TRACT 1 OF PLAT RECORD 2004-43405, KNOWN AS THE VILLAGE APARTMENTS OR VILLAGE AT SCULL. CREEK, City of Fayetteville, Arkansas a nnrnicipalcorporation, petition. to vacate rights to an easement which is described as follows: Commence at the northwest: corner of the Northwest Quarter of the Southeast Quarter (NW ''4 of the SE 'A of Section. Thirty-four (34), Township Seventeen North (Twp. 17 N.). Range Thirty West (Rng. 30 W.), Washington. County, Arkansas. thence South 87°34'46" East 694.98 feet; thence South 02°25'1e West 1381.53 feet to the northwest corner of the Utility and Access Easement as shown on the Easement Dedication. Plat recorded as. Washington County Plat Record 0023-00000296; thence North 8793'35" East 92.03 feet along the north line of said Utility and Access Easement to the Point OfBeginrnng and run thence North 87°13'35" East 334.41 feet along said north line of the Utility and Access Easement: to the westerly right of way line of Quality Lane; thence South 07°04'23" West 16.24 feet; thence South 87°13'35" West 331.63 feet; thence North 02°46'25" West 16.00 feet to the Point Of Beginning, containing 5328 square feet or 0.122acres, more or less. That there is no abutting real estate affected by said abandonment of the easement within the City of Fayetteville except that owned by the petitioner used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the rights of the above described easement:. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the their rights to the above described easement, subject, however, to the existing utility easements as required, and that the above described real estate be usedfor their respective benefit andpurpose as now approved by law. Franchise Udhtycompanies. approvedto operate within the City of Fayetteville will maintaintheir rights to the above described easement in order to protect then facilities located in the easement The petitioners are making this request due to resolve a conflict of having a privately owned sewer line located within a public utility easemnent. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described realestate; subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested inthe abutting property ownersas provided bylaw, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 1ayof ly "C..1A— ,20OB f\ • aUct ii i P_ Printed Name ,A1.4.QA& QQn40r Signature ted Name Signature February 3006 Page 4 April 28, 2008 Planning Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 4 of 14 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: CITY OF FAYETTEVII IF SOLD WASTE DIVISION APPLICANT NAME: SCULL CREEK LIMITED PARTNERSHIP APPLICANT PHONE: 877-253-6010 REQUESTED VACATION (applicant must check all that apply): X Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley - Street right-of-way I have been notified of the petition to vacate the following easement, described as follows: General location ! Address TRACT 1 OF PLAT RECORD 2004-43405, KNOWN AS THE VILLAGE APARTMENTS OR VILLAGE AT SCULL CREEK VACATION OF CITY OF FAYEITEVILLE'S RIGHTS TO A PORTION OF EASEMENT OVER A PRIVATE SEWER LINE ON THE SOUTH SIDE OF THE PROJECT Commence at the northwest corner of the Northwest Quarter of the Southeast Quarter (NW ' of the SE %) of Section Thirty-four (34), Township Seventeen North (Twp. 17 N.), Range Thirty West (Rng. 30 W.), Washington County, Arkansas, thence South 87°34'46" East 694.98 feet; thence South 02°25' 14" West 1381.53 feet to the northwest comer of the Utility and Access Easement as shown on the Easement Dedication Plat recorded as Washington County Plat Record 0023-00000296; thence North 87°13'35" East 92.03 feet along the north line of said Utility and Access Easement to the Point Of Beginning and run thence North 87°13'35" East 334.41 feet along said north line of the Utility and Access Easement to the westerly right of way line of Quality Lane; thence South 07°04'23" West 16.24 feet; thence South 87°13'35" West 331.63 feet thence North 02°46'25" West 16.00 feet to the Point Of Beginning, containing 5328 square feet or 0.122 acres, more or less. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below. February2006 April 28, 2008 Fining Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 5 of 14 • No objections provided the following conditions are met Signature of Utility 4 -------- Representative Wait), ? rl. CpULLA-errl. -3„,„ Title February 2006 April 28, 2008 FaPthining Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 6 of 14 02/26/2008 10:21 FAX 4794443490 DATE: COF TRANSPORTATION DIVIS UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: CITY OF FAYETTEVILLE TRANSPORTATION DIVISION APPLICANT NAME: SCULL CREEK LIMITED PARTNERSHIP APPLICANT PHONE: 877-253-6010 REQUESTED VACATION (applicant must check all that apply): r� 002 X Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. [] Alley ❑ Street right-of-way I have been notified of the petition to vacate the following easement, described as follows: General location / Address TRACT 1 OF PLAT RECORD 2004-43405, KNOWN AS THE VILLAGE APARTMENTS OR. VIII AGE AT SCULL CREEK VACATION OF CITY OF FAYETTEVILLE'S RIGHTS TO A PORTION OF EASEMENT OVER A PRIVATE SEWER LINE ON TUB SOUTH SIDE OF THE PROJECT Commence at the northwest corner of the Northwest Quarter of the Southeast Quarter (NW '7.. of the SE '/) of Section Thirty-four (34), Township Seventeen North (Twp. 17 N.), Range Thirty West (Rng. 30 W.), Washington County, Arkansas, thence South 87°34'46" East 694.98 feet; thence South 02°25' 14" West 1381.53 feet to the • northwest corner of the Utility and Access Easement as shown on the Easement Dedication Plat recorded as Washington County Plat Record 0023-00000296; thence North 87°13'35" East 92.03 feet along the north line of said Utility and Access Easement to the Point Of Beginning and run thence North 87°13'35" East 334.41 feet along said north line of the Utility and Access Easement to the westerly right of way line of Quality Lane; thence South 07°04'23" West 16.24 feet; thence South 87°13'35" West 331.63 feet; thence North 02°46'25" West 16.00 feet to the Point Of Beginning, containing 5328 square feet or 0.122 acres, more or Less. UTILITY COMPANY COMMENTS: o objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) April 28, 2008 ommission VAC 08-2969FG��ia cL�� Apartments 'We ends Item 3 Page 7 of 14 02/26/2008 10:21 FAX 4794443490 COF TRANSPORTATION DIVIS ij003 • No objections provided the following conditions are met: into ‘n)iikTh 'k% h city Company Representative Si ---iT4441tfrocf,-06-ot_._ stir Orn new -St -s. Tirr b� `(re -r C-�/iuLA� l) 57C gni ril 28, 2008 Feb/PROW Commission VAC 08-2969 Qualitag9 Apartments Agenda Item 3 Page 8 of 14 03/11/2008 TUE 13:50. FAX 479 684. 4730 WATER & SEWER UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 3 -)o -c r$ UTILITY COMPANY: CITY OF FAYETTEVILLE WATER/SEWER DIVISION APPLICANT NAME: SCULL CREEK LIMITED PARTNERSHIP APPLICANT PHONE: 877-253-6010 REQUESTED VACATION (applicant must check all that apply): X Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley - Street right-of-way I have been notified of the petition to vacate the following easement, described as follows: General location / Address TRACT 1 OF PLAT RECORD 2004-43405, KNOWN AS THE VILLAGE APARTMENTS OR VILLAGE AT SCULL CREEK VACATION OF CITY OF FAYETTEVILLE'S RIGHTS TO A PORTION OF EASEMENT OVER A PRIVATE SEWER LINE ON THE SOUTH SIDE OF THE PROJECT Commence at the northwest corner of the Northwest Quarter of the Southeast Quarter (NW ''A of the SE 'A) of Section Thirty-four (34), Township Seventeen North (Twp. 17 N.), Range Thirty West (Rng. 30 W.), Washington County, Arkansas, thence South 87°34'46" East 694.98 feet; thence South 02°25' 14" West 1381.53 feet to the northwest corner of the Utility and Access Easement as shown on the Easement Dedication Plat recorded as Washington County Plat Record 0023-00000296; thence North 87°13'35" East 92.03 feet along the north line of said Utility and Access Easement to thc Point Of Beginning and run thence North 87° 13'35" East 334.41 feet along said north line of the Utility and Access Easement to the westerly right of way line of Quality Lane; thence South 07°04'23" West 16.24 feet; thence South 87°13'35" West 331.63 feet; thence North 02°46'25" West 16.00 feet to the Point Of Beginning, containing 5328 square feet or 0.122 acres, more or less. UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions; and purpose below.) 0002 ril 28, 2008 Febp(g ommission VAC 08-2969 Qualit a8R Apartments Agenda Item 3 Page 9 of 14 03/11/2008 TUE 13:50 FAX 479 684_,4730 WATER & SEWER • No objections provided the following conditions are met: a:ley len.,;,n Slooet w - 11CAvOiru Va., I-% ��w� iy i,ndCc.cica - mSipraturo of Utility Co.ay Representative S©PANet,Iloldw s elvtoir Title Ij 003 ril 28, 2008 FebplrggR ommission VAC 08-2969 QualitAa8fleApartments Agenda Item 3 Page 10 of 14 0 RVM-30-1N0I21 01160.1 3NV1 tindib 12 0 o N w0 n Cr 6 • - a d V 8 ¢_IxN W y � <W ¢ ▪ ce▪ " N o ONIOIine 0350d08d M,4l,SZ20 S NUL m 3Tri, Ve sxusrvu do OWOB SVSI, v u u CKRIM sew VAC m > z 0 0 - CO U z cN 0 N 02°46'25' W E We Chu April 28, 2008 Planning Commission ality Lane Apartments Agenda Item 3 Page 11 of 14 8 n uality Lane Apartments Agenda Item 3 Page 12 of 14 VAC08-2969 Close Up View QUALITY LANE APARTMENTS April 28, 20 Plannin. Commissi VA 08-2969 0 VAC08-2969 One Mile View QUALITY LANE APARTMENTS Legend Subject Property ��.4nl�ifet VAC08-2969 Boundary '\_.. Planning Area 05000R) �, Overlay District 0000001 Outside City 0 0.25 0.5 Legend MN Hillside -Hilltop 0 1 M erlay District les April 28, 2008 •.n'n nnr •sl VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 13 of 14 April 28, 2008 Planning Commission VAC 08-2969 Quality Lane Apartments Agenda Item 3 Page 14 of 14 a t yet,e ile ay ARKAN5A5 PC Meeting of April 28, 2008 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 18, 2008 CUP 08-2953: (BRISIEL/DEANE ST., 365): Submitted by TIM BRISIEL for property located at 1631 DEANE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.69 acres. The request is for a tandem lot. Planner: Jesse Fulcher Background/Properly Description: The subject property is located on Deane Street, just east of Lewis Avenue and contains approximately 1.69 acres. Several planned zoning districts and rezonings have been requested for the subject property; however, all of the requests have been denied. The most recent proposal, R-PZD 07-2680 Arcadian Court, was denied by the City Council on February 19, 2008. On April 17, 2008 the Subdivision Committee forwarded the applicant's request for three lot splits (LSP 08-2952) on the subject property to the full Planning Commission for review in conjunction with this conditional use request. Proposal: The applicant proposes to divide the subject property into Tracts 1-4 of 0.29, 0.29, 0.84 and 0.29 acres respectively. The requested conditional use permit would allow for the creation of Tract 4, a 0.29 -acre tandem lot. The surrounding zoning is listed in Table 1 SURROUNDING LAND USE AND ZONING Public Comment: Staff has not received any public comment regarding the requested lot split or conditional use. Sidewalks: The Sidewalk Administrator has recommended that a 5' sidewalk be constructed along the entire project frontage at the Master Street Plan right-of-way, at the time of development of Lots 1-3. K:IREPORTSI20081PC REPORTSI08-APRIL 28ICUP 08-2953 (BRISIEL_DEANE STREED.DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 1 of 12 Land Use Zoning North, East, West Single-family RSF-8, Residential Single -Family, 8 units/acre South Commercial C-2, Thoroughfare Commercial Public Comment: Staff has not received any public comment regarding the requested lot split or conditional use. Sidewalks: The Sidewalk Administrator has recommended that a 5' sidewalk be constructed along the entire project frontage at the Master Street Plan right-of-way, at the time of development of Lots 1-3. K:IREPORTSI20081PC REPORTSI08-APRIL 28ICUP 08-2953 (BRISIEL_DEANE STREED.DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 1 of 12 RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. Development on the proposed tandem lot shall be limited to one single-family home and permitted accessory structure(s). 2. All tandem lot setbacks shall be 20' from each property line. 3. Staff recommends a shared access easement for Lots 1 and 4 and Lots 2 and 3, which shall be dedicated with the recordation of the lot split. Driveway construction shall be constructed according to City ordinance. 4. A residential cart for solid waste pickup shall be wheeled to an appropriate location on collection day only and shall comply with solid waste collection requirements for curb side pickup for single-family residences. PLANNING COMMISSION ACTION: Required YES ❑ Approved Motion: Second: Vote: Date: April 28, 2008 Comments: ❑ Denied ❑ Tabled The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: GENERAL PLAN DESIGNATION 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, KIREPORTS120081PC REPORTSI08-APRIL 281CUP 08-2953. (BRISIEL_DEANE STREE7).DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 2 of 12 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 conditional use approval for a tandem lot. 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 Chapter 163.13 to grant the requested conditional use permit. (b.) That the granting of the conditional use will not adversely affect the public interest. Finding: Staff finds that granting the requested conditional use will not adversely affect the public interest. The subject property consists of a large 1.69 -acres tract of land. The proposed three 0.29 -acre tracts and 0.84 -acre tract are equal to or larger than the surrounding properties. Additionally, there are two existing tandem lots located to the east of the subject property. (c.) The Planning Commission shall certify: (1.) Compliance with the specific rules governing individual conditional uses; and K.9REPORTSI20081PC REPORTS108-APRIL 281CUP 08-2953 (BRISIEL_DEANE STREEV.DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 3 of 12 Finding: The applicant has complied with 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: Shared drives shall be utilized as noted in the conditions of approval. Finding: N/A (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; (c.) Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading, Finding: The applicant shall coordinate with the Solid Waste division for appropriate solid waste disposal. Staff recommends the use of a residential cart for the tandem lot that may be wheeled to an appropriate location on collection day only and comply with solid waste collection for the surrounding properties. (d.) Utilities, with reference to locations, availability, and compatibility; Finding: Appropriate public utilities, included public water and sewer mains shall be extended to serve the proposed development. (e.) Screening and buffering with reference to type, dimensions, and character; Finding: Residential uses are not required to be screened. (f.) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the K.:U?EPORTS120081PC REPORTSI08-APRIL 281CUP 08-2953 (BRISIEL_DEANE STREET).DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 4 of 12 district; Finding: No signage is being proposed. (g.) Required yards and other open space; and Finding: The proposed development shall meet all setbacks for single family units on tandem lots, which requires a 20 -foot setback from all property lines. (h.) General compatibility with adjacent properties and other property in the district. Finding: The size of the proposed tandem lot is compatible with surrounding developed properties and as indicated by the property lines on the survey, is considerably larger than the lots to the west. Additionally, there are currently two developed tandem lots, which adjoin the subject property to the east. Staff therefore finds that the development of a tandem lot, for the development a single-family dwelling, is compatible with adjacent properties in the district. CITY OF FAYETTEVILLE UNIFIED DEVELOPMENT CODE CHAPTER 163: USE CONDITIONS 163.13 Tandem Lot Development (A) Where allowed. Tandem lot development shall be permitted for single-family dwellings only and shall be a conditional use in all districts where single-family dwellings are permitted. The development of one tandem lot behind another tandem lot shall be prohibited. Finding: The proposed lot is not located behind another tandem lot. (B) Requirements. Before any conditional use for tandem lot development shall be granted, the Planning Commission shall determine that: (1) Tandem lot development will not significantly reduce property values in the neighborhood. In determining whether property values will be significantly reduced, the Planning Commission shall consider the size of nearby lots in comparison with the proposed tandem lot or lots. Finding: Staff finds that granting the requested conditional use will not be detrimental to surrounding properties. The subject property consists of approximately 1.69 - acres, which is adjacent to a nearly identically sized tract that has been developed with two conforming lots and two tandem lots. Therefore, development a tandem lot is compatible with surrounding properties. K:IREPORTSI2008IPC REPORTS108-APRIL 28ICUP 08-2953 (BRISIEL_DEANE STREEV.DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 5 of 12 Additionally, the four lots proposed by the applicant are also considerably larger than the lots to the west. (2) The terrain of the area in which the tandem lot is proposed is such that subdivision of said area into a standard block in accordance with Development, Chapter 166 is not feasible. Finding: The subject property contains approximately 1.69 acres and is zoned RSF-4 and therefore the density would permit up to 6 single-family dwellings. However, the property is only 253' wide and therefore only three -70' lots can be created. Due to the denial of the Residential Planned Zoning District (Arcadian Court), the applicant has requested a conditional use permit to allow for the development of one tandem lot that is compliant with all bulk and area requirements, except for lot frontage on a public street. (3) The tandem lot will have access to a public street by way of a private drive with a minimum width of 25 feet of equal and uniform width. Finding: The proposed tandem lot shall share access to Deane Street with Tract 1. The driveway shall be located within an access and recorded with the lot split document. (4) The safety zone between the private drive of a tandem lot and any adjacent driveway will not be less than the minimum distance between curb cuts in the standards for street design of Development, Chapter 166, for streets having a use designation higher than collector, the standards for collector streets shall apply. Finding: Driveway construction shall meet all requirements of the City of Fayetteville Unified Development Code. (5) The tandem lot, excluding the 25 -foot private drive, will conform to the minimum lot width and lot area requirements of the zoning district in which it is located. Lot area calculations to determine whether a tandem lot meets minimum lot area requirements shall not include any portion of the lot having less than the required minimum width. No structure shall be placed on any portion of a tandem lot having less than the required minimum width. Finding: The property on which the conditional use is requested exceeds the minimum lot area (8,000 square feet) and overall width (70 feet) of the RSF-4 district requirements. (C) Setback. Each tandem lot shall have a minimum building setback requirement of 20 feet from all property lines and 25 feet from all street right-of-way lines. K: REPORTS120081PC REPORTSI08-APRIL 281CUP 08-2953 (BRISIEL_DEANE STREEV.DOC April 28, 2008 Planning Commission CUP 08-2953 Brisiel/Deane St Agenda Item 4 Page 6 of 12