HomeMy WebLinkAbout2010-04-12 - Agendas - FinalPlanning Commission Planning Commissioners
Officers
Audy Lack, Chair
Matthew Cabe, Vice -Chair
Craig Honchell, Secretary
aye
evtlle
ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
April 12, 2010
Sarah Bunch
William Chesser
Hugh Earnest
Tracy Hoskins
Jeremy Kennedy
Porter Winston
A meeting of the Fayetteville Planning Commission will be held on April 12, 2010 at 5:30 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Agenda Session Presentations, Reports and Discussion Items:
Consent:
1. Approval of the minutes from the Monday, March 22, 2010 meeting.
2. ADM 10-3559: Administrative Item (WEIR ROAD SUBDIVISION, 244): Submitted by
HOMETOWN DEVELOPMENT. The property is located at the SOUTHEAST CORNER OF
WEIR ROAD AND HUGHMONT ROAD and contains approximately 17.64 acres. The request is
for an extension of the approval for PPL 06-2010, Preliminary Plat Weir Road Subdivision.
Planner: Jesse Fulcher
3. ADM 10-3560: Administrative Item (SHOPPES AT WEDINGTON LSD, 401): Submitted
by MCCLELLAND CONSULTING ENGINEERS. The property is located WEST OF THE
SALEM ROAD AND WEDINGTON DRIVE INTERSECTION. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for the
second and final extension of LSD 08-2903, Large Scale Development Shoppes at Wedington.
Planner: Jesse Fulcher
4. VAC 10-3539: Vacation: (LAURA MCKINNON/740 LOLLAR LANE, 445): Submitted
by JORGENSEN & ASSOC for property located ALONG THE EASTERN PROPERTY LINE
OF 740 LOLLAR LANE. The property is zoned R -O, RESIDENTIAL OFFICE and contains
approximately 0.04 acres. The request is to vacate a portion of a 15 -foot alley that runs from
College Avenue to the subject property. Planner: Andrew Garner
5. VAC 10-3540: Vacation (FIRST STATE BANK/2292 N. COVINGTON PARK, 334):
Submitted by FIRST STATE BANK OF NORTHWEST ARKANSAS for property located at
2292 N. COVINGTON PARK. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.33 acres. The request is to vacate a portion of a
utility easement. Planner: Andrew Garner
Old Business:
6. CUP 10-3512: Conditional Use Permit (CELL TOWER/HILL & MLK, JR.BLVD, 522):
Submitted by SMITH TWO-WAY RADIO for property located SOUTHEAST OF THE
INTERSECTION OF HILL AVENUE AND THE RAILROAD TRACKS. The property is zoned
C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.12 acres. The request is
for a 150 ft. 'flag pole type' cellular tower on the subject property. Planner: Dara Sanders
7. CUP 10-3501: Conditional Use Permit (SHOPPES AT WEDINGTON, 401): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at 3484 W. WEDINGTON
DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 2.24 acres. The request is for a church, Use Unit 4, Cultural and Recreational
Facilities, in the C-1, Neighborhood Commercial Zoning District, and for shared and off-site
parking. Planner: Andrew Garner
New Business:
8. LSD 10-3536: Large Scale Development (FIRST BAPTIST OF FAYETTEVILLE, 484):
Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF
COLLEGE AVENUE AND DICKSON STREET. The property is zoned MSC, MAIN STREET
CENTER and contains approximately 1.00 acres. The request is for expansion of the existing
First Baptist Church at the corner of College Avenue and Dickson Street. Planner: Dara Sanders
9. CUP 10-3551: Conditional Use Permit (MILL DISTRICT AND BOTANICAL GARDEN
FARMER'S MARKET, 098, 523): Submitted by FAYETTEVILLE FARMERS MARKET for
property located at the MILL DISTRICT AND BOTANICAL GARDEN OF THE OZARKS.
The property is zoned MSC, MAIN STREET CENTER AND R -A, RESIDENTIAL
AGRICULTURAL and contains approximately 3.04 acres and 6.44 acres, respectively. The
request is for an outdoor farmer's market at the two subject locations, Use Unit 2, for temporary
outdoor facilities. Planner: Andrew Garner
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission
on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes
you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding
officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please
keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance
to speak.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office
of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to
review the petitions.
Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is
required. For further information or to request an interpreter, please call 575-8330.
aye 4evie
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 7, 2010
PC Meeting of April 12, 2010
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 10-3559: Administrative Item (WEIR ROAD SUBDIVISION, 244): Submitted by
Hometown Development. The request is for an extension of the approval for PPL 06-2010, Weir
Road S/D. Planner: Jesse Fulcher
BACKGROUND
Property Description: The subject property is located at the southeast corner of Weir Road and
Hughmount Road.
Background: The original Preliminary Plat request was approved by the Planning Commission on
April 24, 2006 for the construction of a residential subdivision with 34 single-family lots and 40
townhouses. The applicant received all permits and approvals to complete construction of the
infrastructure on April 17, 2007, within the one year time limit. These approvals were conditioned
upon the applicant completing the project and receiving final inspection approval within three (3)
years from the date of issuance of permits.
Proposal: The applicant requests a two year extension to complete construction of the project, to
expire on April 17, 2012. The Planning Department received the applicant's extension request on
March 29, 2010, within the three year time limit. Should this extension be granted, the applicant
shall complete construction and receive final inspection approval before the two-year extended
deadline. If final inspection approval is not obtained prior to April 17, 2012, all of the approved
plans for the project shall be rendered null and void.
RECOMMENDATION
Staff recommends approval of ADM 10-3559, the requested extension to PPL 06-2010 (Weir Road
Subdivision), with the following conditions:
1. The applicant shall be allowed until April 17, 2011 (one year) to complete construction of
the project and receive final inspection approval, or the preliminary plat approval shall be
revoked. Staff is recommending only a one (1) year extension, since the applicant has stated
that work is expected to be completed within six months and because the project has been
G: IETCIDevelopmeni Services Reviewl20101Development Review110-3559 ADM Weir Road Ext. \Planning Commission104-12-101Camments and
Redlines
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 1 of 10
approved for four years already. The Planning Commission may extend the project by up to
two (2) additional years. -
2. All other conditions of approval PPL 06-2010 shall remain applicable.
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(C)(2) gives the Planning
Commission authority to extend the three (3) year period to complete a project by up to two (2)
additional years. In order to extend this approval, the applicant must: (1) request the extension prior
to the three year time limit, and (2) show good cause why the tasks could not reasonably be
completed within the normal three year period. If the extension is granted, it is within this time that
the applicant shall complete construction of the project and receive final inspection approval.
Additional extensions are not permitted.
(1) The applicant has submitted the extension request to the Planning Division on March 29,
2010, prior to the three year time limit ending on April 17, 2010.
(2) The applicant has stated that they are actively pursuing the physical infrastructure aspects of
the project and expect completion to be within the next six (6) months and that the noticiable
delay in construction timing has been due to the complicated and changing requirements on
financial institutions in the current economy. Furthermore, the development contractor has
equipment, materials and manpower on site and plans to aggressivley continue work through
completion.
PLANNING COMMISSION ACTION:
O Approved O Denied O Tabled
Motion:
Second:
Vote:
Meeting Date April 12, 2010
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
G:IETCIDevelopment Services Reviewl20101Development Review 10-3559 ADM Weir Road Fxt.IPlanning Commission104-12-101Comments and
Redlines
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 2 of 10
hometown Development
4378 E. Mission Blvd. Fayetteville, Arkansas 72703
March 29, 2010
To: Jesse Fulcher
City of Fayetteville
Planning Department
Re: Weir Road Development Project - Extension
Mr Fulcher and Planning Commission,
We respectfully request that you allow an extension of the standard construction duration
for the Weir Road development project. We are actively pursuing the physical
infrastructure aspects of the project and expect completion to be within the next six
months. We are not planning any home building procedures until the time at which all
infrastructure is completed in order to provide services to those structures. The
noticeable delay in construction timing has been due to the complicated and changing
requirements on financial institutions in our current economy. Our development
contractor has equipment, materials and manpower on site and plans to aggressively
continue work through completion.
Thank you for your consideration,
John W. English
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 3 of 10
' (4/7/2010) Jesse Fulcher Re Weir Rd Extension
From: <ozarkconstruction@yahoo.com>
To: "Jesse Fulcher"<jfulcher@ci.Fayetteville.AR.us>
Date: 4/7/2010 9:12 AM
Subject: Re: Weir Rd Extension
We expect to have the project completed well within the one year window. I am certain, however that all
original persons involved could not have anticipated the events which have transpired to this point Please
allow us to request the two-year extension, knowing that we would joyfully accept a one year extension i
that limitation suited the Planning Commission better.
Original Message
From: Jesse Fulcher
To: John W English
Cc: Bob Schmitt
Subject: Re: Weir Rd Extension
Sent: Apr 7, 2010 8:56 AM
Mr. English,
Do you want to request the full two-year extension, or will one year be sufficient to complete construction?
Jesse
»> John English <ozarkconstruction@yahoo.com> 3/30/2010 3:41 PM »>
Mr Fulcher,
As we have discussed, it is customary for the planning commission to allow time extension on
construction of projects underway when requested and reasonable.
Please review the attached letter requesting such extension for the Weir Road project.
If you forsee any difficulty with acceptance of the request, please notify me immediately.
As always, I am available to you by email or cell phone at all times.
Thank you very much.
John W . English
fax 479 - 443 - 2252
Cell 479 - 263 - 3665
Sent from my BlackBerry Smartphone provided by Alltel
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 4 of 10
ARKANSAS
6
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
Matt Casey, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April 1 06 Updated April 25, 2006
PPL 06-2010
Page 1
PC Meeting of April 24, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PPL 06-2010: Preliminary Plat (WEIR RD. S/D, 244): Submitted by PROJECT DESIGN
CONSULTANTS for property located at SE CORNER WEIR RD AND HUGHMOUNT RD.
The property is in the Planning Area and contains approximately 17.64 acres. The request is to
approve a residential subdivision with 34 single family lots and 40 town homes.
Property Owner: HOMETOWN DEVELOPMENT Planner: JESSE FULCHER
Findings:
Property: The subject property contains approximately 17.64 acres located east of Hughmount
Road and south of Weir Road, just north of Lierly Lane Subdivision. The property is located in
the Planning Area and is currently largely undeveloped, pasture land withone single family
home.
Proposal: The applicant proposes to create a residential subdivision with 34 single family lots
and 40 town homes.
Related Issues: Property that is developed and/or subdivided in the Planning Area of the City of
Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations
required within the City. When property within the Planning Area develops, the City can
regulate the following requirements:
• Appropriate division of land;
• Lot area — minimum 10,000 square feet;
• Lot width — minimum 75 feet;
• Right-of-way dedication in conformance with the Master Street Plan;
• Impact of traffic — On- and off-site improvements to reduce a dangerous traffic condition;
• Septic System approval from the Arkansas Health Department for lots less than 1.5 acres;
and
• Street connectivity.
Surrounding Land Use and Zoning: Surrounding properties are within the Planning Area and
consist of large single family properties.
K:1Reports120061PC Reports109-29-061PPL 05-2010 (Weir Road).dac
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 5 of 10
PPL 06-2010
Page 2
Water and Septic System: Water shall be extended to serve the proposed development. The
applicant proposes to utilize a community septic system. Conditional approval of the septic
system has been provided prior to approval of the subdivision.
Adjacent Master Street Plan Streets: Hughmount Road and Weir Road (local streets); Lierly
Lane (Collector). At the time of Subdivision Committee, the applicant representative indicated
an unwillingness to make the improvements as recommended to Hughmount Road and Weir
Road, the streets utilized to access this property. Since that time, the applicant has agreed to
these improvements and staff is recommending approval.
Right-of-way to be dedicated: Sufficient right-of-way exists for Hughmount Road and Weir
Road to meet the requirements of the Master Street Plait. The applicant proposes a 50'
dedication of right-of-way for Streets 1 and 3 and a 40' dedication of right-of-way for Street 2.
Street 4 will be an alley with 20' of dedicated right-of-way.
Connectivity: The project will access Hughmount Road and Weir Rd. Connectivity is not
proposed to the south or east, given that there are existing platted subdivisions located on these
two sides of the proposed subdivision.
Public Comment: Several property owners in the area objected to this project, citing concerns
with drainage, traffic, compatibility,lot sizes, town homes, etc.
Recommendation: Staff recommends approval of PPL 06-2010 with the following conditions:
Conditions to Address/Discuss:
Planning Commission determination of street improvements. Staff recommends widening
Hughmount Road 14' from centerline to include storm drains, curb and gutter, pavement
and a 4' sidewalk along the property frontage, with all improvements continuing south to
tie into the improvements for Lierly .Lane Subdivision, at the intersection of Hughmount
Rd. and Lierly Ln.
Staff recommends widening Weir Road 14' from centerline to include storm drains, curb
and gutter, pavement and a 4' sidewalk along the property frontage. Both adjoining
streets shall be provided a minimum width of 20' of asphalt pavement, or to county
standards, whichever is greater.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF ALL RECOMMENDED
STREET IMPROVEMENTS.
THE PLANNING COMMISSION FOUND IN FAVOR OF ALL RECOMMENDED
STREET IMPROVEMENTS.
Planning Commission determination of appropriate connectivity. , Staff finds that
subdivision as proposed provides adequate connectivity to existing streets. There are
existing platted subdivisions to the east and south therefore no stub -outs are requested.
THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE STATED CONDITION.
K:IReports120061PC Reports104-24-061PPL 05-2010 (Weir Road).doc
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 6 of 10
PPL 06-2010
Page 3
THE PLANNING COMMISSION FOUND IN FAVOR OF THE STATED CONDITION.
3. Street lights shall be installed or guaranteed at each intersection and with a maximum
separation of 300 feet along all streets (including Weir and Hughmount Roads) prior to
recordation of the final plat.
Revised plans submitted for Planning Commission do not show the recommended street
improvements to Hughmount Road and Weir Road. The applicant shall submit revised
plans to the Planning Department with all street improvements noted/dimensioned
including those improvements off-site.
Four -foot sidewalks along Hughmount Road and Weir Road shall be constructed (not
guaranteed prior to final plat.
6. At the time of final plat application submittal, all permits and final approvals from the
Arkansas Department of Health and Arkansas Department of Environmental Quality for
the community septic system shall be obtained and submitted to the Planning Division.
7. The proposed streets shall be constructed in accordance with City of Fayetteville Street
Standards.
8. Approval from Washington County Planning shall be obtained for this preliminary plat.
Standard Conditions of Approval:
9. 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).
10. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with City's
current requirements.
11. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
12. All street names and addresses shall be approved by the 911 coordinator.
13. Preliminary Plat approval shall be valid for one calendar year.
Additional conditions:
a.
K: IReporls120061PC Reports104-24-06IPPL 05-2010 (Weir Road).doc
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 7 of 10
b.
PPL 06-2010
Page 4
Planning Commission Action:
Meeting Date: April 24, 2006
Comments:
Ai Approval
O Forwarded El 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: IReports120061PC Reports104-24-061PPL 05-2010 (Weir Road).doc
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 8 of 10
ADM10-3559
Close Up View
WEIR ROAD S/D
WEIR -RD
Overview
0 150 300
600 900 1200
Feet
April 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 9 of 10
Overview
Legend
Subject Property
ADM10-3559
Boundary
0 0.25 0.5
ilei
pril 12, 2010
Planning Commission
ADM 10-3559 Weir Road SD
Agenda Item 2
Page 10 of 10
Werev11
/ ARKANSAS
•'
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of April 12, 2010
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Planning Commission Members
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 7, 2010
ADM 10-3560: Administrative Item (SHOPPES AT WEDINGTON LSD, 401): Submitted by
MCCLELLAND CONSULTING ENGINEERS. The request is for the second and final extension of
LSD 08-2903,. Shoppes at Wedington. Planner: Jesse Fulcher
BACKGROUND
Property Description: The undeveloped property is located northwest of the intersection of
Wedington Drive and Salem Road, just west of Bank of the Ozarks.
Background: The original Large Scale Development request was approved by the Planning
Commission on April 14, 2008 for the construction of a 15,750 sq. ft. retail building and 68 parking
spaces. The Zoning and Development Administrator granted a one-year extension to April 14, 2010
to obtain all required permits to begin construction. However, the applicant has stated that the
developer plans to utilize the property as designed and approved and plans to begin construction
within the next six (6) months.
Proposal: The applicant requests a final extension for the approval of the Large Scale Development
for one year, to expire on April 14, 2011. The Planning Department received the applicant's
extension request on April 2, 2010, within the required one year time limit. Should this extension be
granted, all permits necessary for construction are required to be issued before the one-year extended
deadline. If the permits are not issued prior to April 14, 2011, all of the approved plans for the
project shall be rendered null and void.
RECOMMENDATION
Staff recommends approval of ADM 10-3560, the requested extension to LSD 08-2903 (Shoppes at
Wedington), with the following conditions:
1. The applicant shall be allowed until April 14, 2011 to receive all permits and approvals
required to complete construction of the development or project. If all permits have not been
received by this time, the Large Scale Development approval shall be revoked.
G:IETCIDevelopment Services Review120101Development Review110-3560 ADM Shoppes at Wedington Ext (Planning Commission104-12-
101Comments and Redlines
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 1 of 10
2. All other conditions of approval LSD 08-2903 shall remain applicable.
DISCUSSION
The City of Fayetteville Unified Development Code (UDC) Section 166.20(B)(4) gives the Planning
Commission authority to extend approval of a large scale development prior to the expiration of any
allowed extension period (maximum of two years from the date of original approval). In order to
extend this approval, the applicant must: (1) request the extension prior to the one year time limit,
and (2) show good cause why the tasks could not reasonably be completed within the normal one
year. If the one year extension is granted, it is within this time that the applicant shall receive all
permits and approvals as required by City, State, and Federal regulations to start construction of the
development or project. Extensions beyond three (3) years from the original date of approval shall
not be permitted.
(1) The applicant has submitted the extension request to the Planning Division on April 2, 2010,
prior to the one year time limit ending April 14, 2010.
(2) The applicant has stated that the project is planned to be constructed as approved within the
next six (6) months.
PLANNING COMMISSION ACTION:
0 Approved
Motion:
Second:
Vote:
Meeting Date April 12, 2010
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
G: IETCIDevelopment Services Review120101Developmeni Review110-3560 ADM Shoppes at Wedington Ext.IPlanning Commission104-12-
I01Comments and Redlines
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 2 of 10
D
MCECONSULTING
ENGINEERS, INC.
April 2, 2010
City of Fayetteville — Planning Department
Attn: Mr. Jesse Fulcher
125 West Mountain Street
Fayetteville, Arkansas 72701
(479) 575-8287
RE: LSD 08-2903 : Large Scale Development
Shoppes at Wedington
Mr. Fulcher,
Please accept this letter as a formal request to extend the Large Scale Development
Approval of LSD 08-2903 (Shoppes at Wedington) for one additional year. The
developer does plan to utilize the property as designed and approved, and has plans to
begin construction within the next six months.
Planning approval was originally granted during the Planning Commission meeting held
April 14i°, 2008. Understood per Ordinance 166.20(2) an additional one-year extension
may be granted administratively. The approved extension would continue the Large Scale
Development approval until April 14th 2011.
Should any additional information be needed please do not hesitate to contact me.
Sincerely,
Leslie A. Tabor
McClelland Consulting Engineers, Inc
LTabor@McClelland-engrs.com
(479) 443-2377
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 3 of 10
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Glen Newman, City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April -1-47-200-8 Updated April 23, 2008
PC Meeting of April 14, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
LSD 08-2903: Large Scale Development (SHOPPES AT WEDINGTON, 401): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located WEST OF THE SALEM
ROAD AND WEDINGTON DRIVE INTERSECTION. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for
a 15,750 s.f. commercial/retail building with associated parking.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The subject property is located west of the intersection
of Wedington Drive and Salem Road. The large scale development is associated with LSP 08-
2950 to divide the subject property into two tracts.
Proposal: The applicant proposes to construct a one-story retail building containing a total of 15,750
square feet with 68 parking spaces.
Table 1: Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Residential
R -O
South
Driving Range
R -A
East
Bank
C-1
West
Vacant -The Links at Fayetteville
R-PZD
Adjacent Master Street Plan Streets: Wedington Drive (a principal arterial)
Right-of-way being dedicated: Sufficient right-of-way exists for Wedington Drive to meet the
minimum requirements of the Master Street Plan.
Water/Sewer: Each tract has access to public water. Sewer service shall be extended to the
property prior to recordation of the lot split.
K:IReports120081PCReports107-April I41LSD 08-2903 (Shoppes at Wedington).doc
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 4 of 10
Street Improvements: The existing sidewalk along Wedington Drive shall be removed and a new 5'
sidewalk shall be constructed at the Master Street Plan right-of-way.
Tree Preservation:
Existing Canopy:
Preserved Canopy:
Required Canopy:
Mitigation:
3.9%
0.0%
3.9%
10 two-inch caliper mitigation trees
Access/Connectivity: The overall development contains approximately 10 acres and includes
Elder Condominiums to the north, Arkansas National Bank and Bank of the Ozarks to the east,
and the subject property. The planned Links at Fayetteville development is located to the west.
Discussions between the property owner and City staff regarding access to the 10 acre site dates
back to 1998 when the first lot was split out for the development of Arkansas National Bank. At
the time it was determined that one access to Wedington Dr. and one access to Salem Rd. would
be adequate to serve the entire 10 acre tract. Currently, all three of the existing developments
have access to Wedington Dr. and the traffic signal at Salem Rd. In addition, a condition of
approval for Elder Condominiums to the north required a cross -access point to this tract.
Staff finds that the increased traffic generated by the proposed retail development, in
combination with the connections to existing developments, warrants a second access to
Wedington Drive. However, given the amount of connectivity provided between each site,
access to a signalized intersection at Salem Road (approximately 330' to the east) and the,future
potential to access a new signalized intersection that is being funded by The Links at Fayetteville
(approximately 190' to the west), staff does not support the creation of two additional access
points as proposed to serve the subject development.
Recommendation: Staff recommends approval of LSD 08-2903 with the following conditions:
Conditions of Approval:
1. Planning Commission determination of curb -cuts and appropriate locations. Staff is
supportive of one (1) additional access to Wedington Drive due to the increased traffic
generated by the retail development in combination with existing traffic, which will have
access to the subject site. Staff recommends removal of the western curb -cut given the
relatively short distance from the future traffic signal that will be installed as part of The
Links at Fayetteville project. STAFF REVISED THEIR RECOMMENDATION
REGARDING THE WESTERN CURB -CUT AFTER LEARNING THAT THE
DISTANCE TO THE FUTURE TRAFFIC SIGNAL WAS APPROXIMATELY 280',
RATHER THAN 190' AS INDICATED ON A PREVIOUS SITE PLAN. STAFF
RECOMMENDS IN FAVOR OF BOTH CURB -CUTS, WITH THE WESTERN
CURB -CUT DESIGNED AS A RIGHT-IN/RIGHT-OUT.
4/3/08: THE SUBDIVISION COMMITTEE
STAFF'S RECOMMENDATION.
4/14/08: THE PLANNING COMMISSION
DESIGNED.
FORWARDED THE REQUEST IN SUPPORT OF
FOUND IN FAVOR OF BOTH CURB -CUTS AS
K:IReports120081PC Reports107-Apri1141 LSD 08-2903 (Shopper at Wedington).doc
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 5 of 10
2. Planning Commission determination of compliance with Commercial Design Standards. Staff
recommends approval of the proposed elevations, finding that the elevations submitted meet
the criteria set forth for commercial design standards.
4/3/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF COMMERCIAL DESIGN
STANDARDS.
4/14/08: THE PLANNING COMMISSION FOUND IN FAVOR OF COMMERCIAL DESIGN
STANDARDS.
3. Planning Commission determination of street improvements. Staff recommends that the
applicant remove the existing sidewalk along Wedington Drive and construct a new 5'
sidewalk at the Master Street Plan right-of-way.
4/3/08: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE RECOMMENDED
STREET IMPROVEMENTS.
4/14/08: THE PLANNING COMMISSION FOUND IN FAVOR OF THE RECOMMENDED
STREET IMPROVEMENTS.
4. A vegetative screen shall be planted along the north property line between the residential and
nonresidential land uses. As noted on the landscape plan, a continuous planting of evergreen
trees shall be planted with a minimum height of 8' at the time of planting.
5. The existing 20' utility easement, which intersects the proposed location of the building, shall
be vacated by the Fayetteville City Council prior to building permit approval. Denial of the
easement vacation shall render the large scale development approval null and void.
6. A public sewer line shall be extended to serve the proposed development prior to recordation
of the associated lot split (LSP 08-2950).
7. The applicant shall provide cross -access to the property to the west. A vehicular connection
shall also be provided to the existing stub -out from the property to the north. Shared access
drives shall be located within an access easement and dedicated by easement plat.
8. Street lights are required with maximum separation of one per 300' along the property
frontage and shall be installed prior to issuance of a Certificate of Occupancy.
9. At the time of construction drawings the landscape plan must be stamped by a licensed
landscape architect.
10. The following revisions shall be made prior to building permit submittal:
a. Provide two points in state plane coordinates.
b. Include all Master Street Plan streets in the vicinity map. Note new collector street
between site and Rupple Road.
c. The dumpster pad location shall be modified to provide access to the Solid Waste
Department.
K:IReports120081PC Reports107-April 141LSD 08-2903 (Shoppes at Wedington).doc
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 6 of 10
11. At the time of construction drawings the landscape plan must be stamped by a licensed
landscape architect.
Tree Preservation Conditions:
12. Mitigation is required on the site in the amount of ten 2 -inch caliper large species trees.
The applicant has requested to plant these trees on-site utilizing the on-site mitigation
option. This option is approved by the Urban Forester.
13. All mitigation trees must be planted prior to the issuance of a final certificate of occupancy.
These trees cannot be located within any utility easement or street ROW. A 3 -year bond,
letter of credit, or check in the amount of $2,500 shall be deposited with the City of
Fayetteville before issuance of a certificate of occupancy.
Standard conditions of approval:
14. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance.
15. 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).
16. Staff approval of final detailed plans, specifications and calculations (where applicable) for
grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review process
was reviewed for general concept only. All public improvements are subject to additional
review and approval. All improvements shall comply with City's current requirements.
17. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut -sheets
are required for review and approval prior to issuance of a building permit.
18. Trash enclosures shall be screened with access not visible from the street. The trash
enclosures shall be constructed with materials that are complimentary to and
compatible with the proposed building. A detail of the proposed screening shall be
submitted and approved by the Planning Division prior to issuance of the building
permit. Any additional dumpsters located on site shall be screened from the right-of-way.
19. All mechanical/utility equipment (roof and ground mounted) shall be screened using
materials that are compatible with and incorporated into the structure. A note shall be
clearly placed on the plat and all construction documents indicating this requirement.
20. All freestanding and wall signs shall comply with ordinance specifications for location, size,
type, number, etc. Any proposed signs shall be permitted by a separate sign permit
application prior to installation.
21. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall
be located underground.
K:IReports120081PC Reports107-April 141LSD 08-2903 (Shappes at Wedington).doc
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 7 of 10
22. Large scale development shall be valid for one calendar year.
23. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the
Landscape Administrator for review. Once approval is gained, a guarantee is to be issued
(bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants.
This guarantee will be held until the improvements are installed and inspected, at the time of
Certificate of Occupancy.
24. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on-site inspection by the Landscape Administrator of all tree protection measures
prior to any land disturbance.
c. Separate easement plat for this project that shall include the tree preservation area and
all utility easements.
d. Project Disk with all final revisions
e. One copy of final construction drawings showing landscape plans including tree
preservation measures submitted to the Landscape Administrator.
f. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of
Installed Improvements" to guarantee all incomplete improvements. Further, all
improvements necessary -to serve the site and protect public safety must be
completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy.
Additional conditions:
Planning Commission Action: '1 Approved ❑ Denied
Motion: Graves
Second: Winston
Vote: 5-0-1 (Lack recused)
Meeting Date: April 14, 2008
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.
Signature Date
K:IReports120081PCReports107-April /41LSD 08-2903 (Shoppes at Wedingtonjdoc
April 12, 2010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 8 of 10
arming ommission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 9 of 10
Overview
Legend
Subject Property
® ADM10-3560
Boundary
0 0.25 0.5
1
APilMiles
1 010
Planning Commission
ADM 10-3560 Shoppes at Wedington
Agenda Item 3
Page 10 of 10
PC Meeting of April 12, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: April 7, 2010
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
VAC 10-3539: Vacation: (LAURA MCKINNON/740 LOLLAR LANE, 445):
Submitted by JORGENSEN & ASSOC for property located ALONG THE EASTERN
PROPERTY LINE OF 740 LOLLAR LANE. The property is zoned R -O,
RESIDENTIAL OFFICE and contains approximately 0.04 acres. The request is to vacate
a portion of a 15' alley that runs from College Avenue to`the subject property
Planner: Andrew Garner
Findings:
Property Description: The subject property is located at•740 Lollar Lane. There is a 15 -
foot wide alley that runs from College Avenue, continuing west and north along the east
property line of 740 Lollar Lane. The alley originally connected College Avenue to
Prospect Street but was vacated by City Council in 1997 (Ordinance No. 4060) and now .
ends at the applicant's property. The applicant owns the property on the east and west
sides of the alley.
SURROUNDING LAND USE AND ZONING:
Direction from Site
Land Use
Zoning
North
Single-family
RMF -24; R -O •.
South
Multi -family
RSF-4
East
Undeveloped
RSF-4
West
Office
R -O ,
Request The applicant's request is to vacate a portion (1,875 square feet) of an alley that
bisects and dead -ends at the applicant's property.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES
Ozarks Electric
Cox Communications
RESPONSE
No Objections
No Objections
April 12, 2010
G:\ETC\Development Services Review \2010\Development Review \10-3539 VAC McKinnon 740 Lollar Ln\03-P1anniaipiipingti p7mission
VAC 10-3539 Laura McKinnon
Agenda Item 4
Page 1 of 20
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received. All affected adjacent property
owner have submitted written verification of not object to the vacation of the alley.
Recommendation: Finding that adequate access exists to serve the existing properties
and vacation of the subject portion of alley will have no adverse impacts, staff
recommends forwarding VAC 10-3539 to the City Council with a recommendation of
approval with the following conditions:
Conditions of Approval:
1. Any relocation of existing utilities shall be at the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: ❑ Forwarded ❑ Denied 0 Tabled
Date: April 12 2010
Motion:
Second:
Vote:
April 12, 2010
G:\ETC\Development Services Review \2010\Development Review\10-3539 VAC McKinnon 740 Lollar Ln\03-Planntvg t8eitinission
VAC 10-3539 Laura McKinnon
Agenda Item 4
Page 2 of 20
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
JUSTIN L. JORGENSEN, P.E.
BLAKE E. JORGENSEN, P.E.
2/16/10
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Planning
Re: McKinnon Alley Vacation
Attached please find information pertaining to the alley vacation for McKinnon. This is a 15' alley that
will be vacated between the two properties owned by McKinnon.
Please call concerning any questions you may have.
Thank you.
Sincerely;
David L. Jorgensen, P.E.
April 12, 2010
• PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LANHIailiII'EffitN(19ion
VAC 10-3539 Laura McKinnon
Agenda Item 4
Page 3 of 20
03/16/2010 15:47 FAX
US/lb/2010 NON 15722 FAX 479 521 4612 McKinnon Law Firm
03/15/2010 10:53 FAX
Petition to vacate a 15' alley west of hht 3 and 4 of 131.17 of A.L. 'front's Revised Piet of
City Park Addition., City of Fayetteville. Arkansas
To; The Fayetteville City Planning Commission and
l he Fayetteville City Council
We. the undersigned, being all the owners of teal estate abutting a 15' alloy hereinafter
sought to be abandoned and vacated. located West of lot 3 and 4 of RI. 17 of A.L. '('rent's
Revised Plat al 'City Park Addition, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate said 15' alley. being described as lidlows;
;1 UA1.OESCi311.'TION
i3eginntng as the NW Corner of said Lot 3, thence South 125' along the west lute of bald
lots 3 and 4 then" west 15' thence nosh 125' more or less thence mut 15' to the T.O.R.;
containing 1875 SF more or teat",
That the abutting real estate affected by said abandonment of said 35' allay and that the
public interest and welfare woteld not be aversely aflbcted by the abandonment of the
above de:w:ribexl alloy.
Lite petitioners pray that the City of2ayetteville. Arkansas. abandon and vacate Mc
above described real estate, and that the above describe real estate be used for their
respective benefit and putposet as not approved by law_
The petitioners further pray that the above described real estate be vested in the abutting
property ownee as provided by law,
Whenaf, the undersigned petitioners respectfully pray Ikat the goveming bridy of the
City of Fayetteville, Arkansan„ abandon at2d vacate the above described real estate.
Dated this Iv
day of
o12
___N
Printed nail
21002
®002/002
m 002
April 12, 2010
Mooing Commission
VAC 10-3539 Laura I1 Kinhon'
Agenda Item 4
Page 4 of 20
Date:
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Utility Company: t jifl6
Applicant Name: LAA, RA- Mc. non Applicant Phone:
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
ro
Signature of Utility o�� rRp�ny Representative
Title
Sy." I e_,-t_S7WhA, j i e e,fi
Page 5
April 12, 2010
Planning Commission
VAC 10-3539 Laura McKinnon
Agenda Item 4
Page 5 of 20
UIILITYAPPROVALPORM
POR RIGHT OF- WAY, ALLEY, AND
UTILITY BASEMENT VACATIONS
unit? com rr _A-
No. 7904 P. 311)04
Appliant Name: L 4.0R - IntcZ niv I Applicant Phone:
REQUESTED VACATfoNOpp:Irani must check all that apply):
CI Utility Easement
lt%htof way far alley or sheets and all utility easements located within OW vacated right—
of-way.
3 Mq
Street right-of-way.
Ihave been notified of tits petition to vacate the following (alley, easement right-of-way), did as follows:
General Location 1address (referring to attached document. must be completed")
MTT,UCHlrgat description and graphic mpresentntion ofwhatis beingvaested-SLfRVE»
tarry COMPANY
No objections to the vacation(s) desatbed above.
No objections to the vacation(s) described above, provided following described gents
are retained (State the location, dimension* and purpose below.)
•
No objections provided the fallowing amnions ars met:
Representative
b 'WJN CR T _
lade
Pates
April 12, 2010
Planning Commission
VAC 10-3539 Laura McKinnon
Agenda Item 4
Page 6 of 20
01.2x. P010 11:13 FAX
X004
Date:
UTII.YIY APPROVAL FORM
FOR RIGHT. OF- WAY, ALLEY, AND
UTILITY VACATIONS
Utility Company:
Applicant Name:
Av Roe Ince-; ninon
REQUESTED VACATION (applicant must duck al that apply);
Utility Easement
Right-of-way for alley or streets and ail utility easements loaned within the vacated right -
of way.
ApplloantFhone
1/(I Alley
Street right-of-way'
I have been notified of the petition to vacate the following (alley, easemenq.rlght-ofway), described as follows:
General location / Address (refetringto attached document- must be completed,
(A2TAChi legal description anti graphic representation of what is beingeauitrd-SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacatlon(s) described above.
No objections to the vac bores) described above, provided following deathbed easements
are retained. (State the location, dimensions, end papaw below.)
�No objections provided the folio : conditions are met:
gmanwraannina 4: it rya tirtme
e-/acR to, •aC o _
awe of Utility Company Representative
C-o,,uh.p_m->
°s P tbt$ ((,N 1-M G (n! "Yz_. .
Title
6(1 .ei /e„la
Z d 9Z17Z5Z17986 'ON/01 :8 '.LS/c 1 :8 01 .9Z '1 (3fl.t)
Page
April 1Z 2016
Planning Commission
VAC 10-3539 Laura McKin
Agenda Item 4
Page 7 of 20
on
1^10213
Dater 1/21/2010
UTILnv APPROVAL FORM
POR RICHT OP- WAY, ALLEY, AND
UTILITY BASEMENT VACATIONS
Utility Company:
Applicant Name;
c�x
L-kr,;2A- i(d ini4
REQUESTED VACATION (applicant must check ail that apply):
1-1 Utility Easement
Applicant Phone:
Right-of-way for alley or streets and all utility easements located within the vacated right -
of. way.
11 Alley
Street right-of-way.
I have been notified of the petition to vacate the following (alley, easement, rlghtof-way), described PS follows;
General location / Address (referring to attached document- must be completed")
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UITI-ITY COMPANY COMMENTS:
IxI
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
No objections provided the following conditions are met;
ANY DAMAGE OR BRI,OCATION OF EXISTING FACILATIES WILL BE AT THE OWNER'S
EXPENSE,
tare of U. ty Company Representative
FIELD ENGINEER
Title
Pagc.,
April 12, 2010
Planning Commission
VAC 10-3539 Laura McKinnon
Agenda Item 4
Page 8 of 20