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HomeMy WebLinkAbout2007-05-29 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, May 29, 2007, 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. Public Comment D. Presentation of request — Applicant E. 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 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. 2007 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Hilary Harris Audy Lack Christine Myres Alan Ostner Sean Trumbo rye'Ficylle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION TUESDAY MAY 29 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the March 12 and May 14, 2007 Planning Commission meeting. 2. VAC 07-2568: (MATHIAS SHOPPING CENTERS, INC., 401): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at 1267 N. STEAMBOAT DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.45 acres. The request is to vacate a utility easement across the subject property as the utilities have been moved to allow development on the site. Planner: Jesse Fulcher 3. ADM 07-2615 (THEO'S, 484): Submitted by COOPER ARCHITECTS for property located at 318 CAMPBELL AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.20 acres. The request is for a parking waiver of one parking space to allow for the construction of new deck area on the west side of the property as provided in § 172.05(4) of the Unified Development Code. Planner: Andrew Gamer New Business: 4. CUP 07-2560: (BOHOT, 679): Submitted by WILMA BOHOT for property located at 124 E. 26TH CIRCLE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.38 acres. The request is for an in-home occupation, daycare, in the RSF-4 Zoning District. Planner: Jesse Fulcher 5. CUP 07-2569: (PROCTOR & GAMBLE, 174): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 1303 E. JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 14.22 acres. The request is for additional parking spaces over the City's maximum allowance for the Proctor and Gamble office building, for a total of 336 parking spaces, and to approve a Major Modification for the amended site plan. Planner: Andrew Garner 6. R-PZD 07-2551: Planned Zoning District (CHAMPIONS CLUB CONDOS, 599): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at THE SW CORNER OF RAZORBACK ROAD AND 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.20 acres. The request is for a Residential Planned Zoning District for rezoning and large scale development approval for 143 multi-family/condominium dwelling units and associated parking. Planner: Andrew Garner 7. ADM 07-2516: Administrative Item (BUILDING HEIGHT STEPBACK IN MSC ZONING DISTRICT) An ordinance to amend the building height regulations for the Main Street Center Zoning District. Planner: Tim Conklin 8. ADM 07-2588: Administrative Item (HOME OCCUPATION/ARTIST STUDIO): An ordinance to amend the UDC Chapter 151: Definitions, Chapter 161: Zoning Regulations and Chapter 163: Use Conditions in order to clarify regulations regarding Home Occupations. Planner: Leif Olson 9. ADM 07-2566: Administrative Item (USE UNIT AMENDMENTS) An ordinance to amend various chapters of the UDC to clarify zoning districts in which sidewalk cafes, dance halls and government facilities may occur; to remove C-4 references; and to add Animal Ordinance definitions to the UDC. Planner: Leif Olson 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. THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of May 29, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: May 17, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2568: (MATHIAS SHOPPING CENTERS, INC., 401): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at 1267 N. STEAMBOAT DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.45 acres. The request is to vacate a utility easement across the subject property as the utilities have been moved to allow development on the site. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at Lot 3RA of the Wedington Place Addition Phase II. The subject property consisted of Lots 3RA and 3RB, containing approximately 5.92 and 1.25 acres respectively. A property line adjustment was approved on April 24, 2006, resulting in the Lots 3RA and 3RB containing approximately 6.45 and .73 acres respectively. A large scale development was approved by the Subdivision Committee on August 31, 2006 for the 6.45 acre tract. The development will contain two separate retail buildings totaling 55,434 sq. ft. with 259 parking spaces. The development will complete a cross - access drive, connecting Steamboat Drive to Colorado Drive, allowing area residents to access multiple commercial sites, while avoiding the highly trafficked Wedington Drive. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the proposed building footprint. Although, there are no existing utility lines within the subject easement, the easement must be vacated prior to building permit approval. All utilities required to serve the subject development have been installed and are located in easements dedicated by a filed easement plat. Request: The applicant requests vacation of approximately 14,198 sq. ft. of existing utility easement on the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. K:\Reports\2007\PC Reports\05-29-07\VAC 07-2568 (Mathias Shopping Centers).doc May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 1 of 16 UTILITIES RESPONSE Ozarks Electric No objections. Cox Communications No objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone 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. Recommendation: Staff recommends forwarding (VAC 07-2568) to the City Council with a recommendation for 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: 0 Forwarded 0 Denied 0 Tabled Date: May 29, 2007 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 Title Date K:\Reports\2007\PC Reports\05-29-07\VAC 07-2568 (Mathias Shopping Centers).doc May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 2 of 16 Crafton, Tull, Sparks & Associates, Inc 4 architects, engineers, landscape architects, i ,e to designers & surveyors April 5, 2007 Planning Commission City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Dear Planning Commission: government la public works iN parks &recreation la residential la commercial 0 transportatron Industrial sports 13 spiritual gi education health This letter shall accompany the Easement Vacation Submittal and application for vacating a utility easement located on Tract A of Wedington Place Addition, Phase II in Fayetteville, AR. This Easement Vacation includes the vacating a 20' utility easement which extends from east to west across Tract A of Wedington Place Addition, Phase II. The reason for the request to vacate this easement is that the Large Scale Approved by Planning Commission for this same site incorporates a commercial retail building which is located in the existing easement. The easement was originally dedicated to provide water and sewer access across the property. However, with the LSD that was approved by planning, which is now in construction, water and sewer access as well as other utility access are provided by different means. The vacation of this easement shall not prevent any surrounding property from having access to any utility service. Please reference LSD 06-2168 — Wedington Place Commercial, for more information regarding the Large Scale Development. Sincerely, Jon an Ely, E.I. Civil Engineer Crafton Tull & Associates, Inc. 3 0 a 0 z 0 ro rD 6ou • 00Z Duns 0 tn — a 1 e o, n -1 V Cri . 0 cc 0 Lig m ITI H C ^J Mav 29x2 cow VHl acing ✓5 Mathlios hope ng Centers Agenda Item 2 Page 3 of 16 05-18-07;09:49AM; ;479 927 1171 # 2/ 2 Uariu2UU/ 'rnU 14:4! rAA 9/a 010 62112 L.Uy 01 ray, tdlJ J.neer: mkt igduu2/Uu2 PETITION PETITION TO VACATE AN EASEMENT LOCATED IN TRACT A OF WEDINGTON PLACE SUBDIVISION, PHASE II, an OF FAXETTEVILLE, 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 easement hereinafter sought to be abandoned and yachted, lying in Tract A of Wedington Place Subdivision, Phase II, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: DESCRIPTION: EASEMENT TO BE VACATED A PART OF TRACT A. AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 23.220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF 502.44100"W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST UNE Sa716'29"E 46.65 FEET; THENCE 642'16'29"E 80.02 FEET. THENCE 568.23'18"E 38.37 FEET; THENCE S$716'29'E 286,15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK I6 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201.00 FEET AND A CHORD OF S19'46'45"W 20.92 PEET; THENCE LEAVING SAID WEST UNE N87'16'29'W 280.02 FEET; THENCE 554'1628"E 68.55 FEET; THENCE 535'43'32'W 20.00 FEET; THENCE N54.16'28'W 80.98 FEET; THENCE N87'16'28'W 70.39 FEET; THENCE NO2.4a'31 "E 20.00 FEET; THENCE S671629"E 42.39 FEET; THENCE N6704141'W 95.15 FEET; THENCE N8716'29'W 3.42 FEET TO THE WEST LINE OF TRACT A, AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF NO2.44100"E 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 14198.0 SQUARE FEET OR 0.33 ACRES, MORE QR LESS. That the abutting real estate affected by said abandonment of the easement are (lot, block subdtvtsion of each adjoining tot to the area requested to be vacated) City of Fayetteville 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 portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this/ 'diiy of _a...4.y_, 2014. s,q101 /51-77,es4PS Printed N me due. Signature Printed Name Signature February 2006 Page 4 May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 4 of 16 NW CORNER TRACT A EXHIBIT "A" 20' UnUTT ESMT./ BK. 16 PG. 30 20' U11UTY ESMT. REC.: 023A-00000282 Sdr_ N 8716.29° W P 7 20' DRAINAGE ESMT.... BK. 16 PG. 30 ` v 20' UTILITY ESMT. BK. 17 PG. 77 (TO BE VACATED PER THIS DOCUMENT) _ C:_286.15' z6D.oz 1 �-1 15 unun ESMT. ��? THATCHED AREA IS THE EASEMENT TO BE VACATED. REC.: 023A-00000282 10' UnUTY ESMT. BK. 16 PG. 30 TRACT A 6.45 ACRES +/— 20' UTUTY ESMT. I PLAT 23-220 BK. 17 Pc. 77 C + J TIi 25' UTUTY ESMTH 0 I & GREEN SPACE AREA Q BK. 16 PG. 30 0 <I VI I I 30' ACCESS ESMT. REC.:023A-00000282 F1 Ii 28.76' U11UTY ESMT. I BK. 16 PG. 30 I 15' ACCESS ESMT. REC: 023A-00000282 I 15 1 UTILITY ESMT. L REC.: 023A-00000282 I` TRACT B IPLAT 23-220 I 27.5' UTUTY ESMT. REC.: 023A-00000282 UNE TABLE NUMBER BEARING DISTANCE 11 3 8716'29° E 46.65' L2 3 682318° E 38.37' L3 S 35'43'32° W 20.00' L4 N 8716'29° W 70.39' L5 N 02'43'31° E 20.00' L6 S 8716'29° E 42.39' L7 N 871529° W 3.42' L8 N 02'44'00° E 40.00' CURVE TABLE NUMBER DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD DIRECTON CHORD LENGTH C1 0557'58° 201.00 20.93 10.47 5 19'48'45' W 20.92 100 50 0 100 THIS IS NOT A PLAT Grafton, Tull, Sparks & Associates, Inc. 901 N. 5W00t, Suite 200, Rogers, AR 72756 479.636.4838 FAX: 479.631.6224 www.craftaniullsparks.com Architects, Engineers & SuE,{Ar2go)7 Planning Commission © 2007 4 CraftorV, R? festaAc9t9PAa9 1R9. Agenda Item aye n of in Waco Title Company 125 Parkwood, Suite A PO Box 1910 Lowell, AR 72745 (479) 770-6700 (479) 770-6702 WACO TITLE SPECIAL CERTIFICATE File #: 0703149-951 For the use and benefit of: CRAFTON & TULL—KERRI PINGEL STATE OF ARKANSAS ) COUNTY OF Washington) We the undersigned, being an employee of Waco Title Company, do hereby certify that we have made due and diligent search of the Records in the Assessors Office within and for Washington County, Arkansas, and find the adjacent owners and addresses as shown in Exhibit A. IN -SO -FAR as the same affects the following described property, to -wit: DESCRIPTION: EASEMENT TO BE VACATED A PART OF TRACT A, AS RECORDED IN CIRCUIT CLERK'S OFFICE FOR WASHINGTON COUNTY, ARKANSAS, AT PLAT RECORDS 23-220, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTHWEST CORNER OF TRACT A, AS SHOWN ON PIAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF S 02 DEGREES 44 MINUTES 00 SECONDS W 79.87 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE S 87 DEGREES 16 MINUTES 29 SECONDS E 46.65 FEET; THENCE S 42 DEGREES 16 MINUTES 29 SECONDS E 80.02 FEET; THENCE S 68 DEGREES 23 MINUTES 18 SECONDS E 38.37 FEET; THENCE S 87 DEGREES 16 MINUTES 29 SECONDS E 286.15 FEET TO THE WEST LINE OF AN EXISTING UTILITY EASEMENT AS SHOWN ON PLAT BOOK 16 AT PAGE 30; THENCE ALONG SAID WEST LINE 20.93 FEET ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 201.00 FEET AND A CHORD OF 5 19 DEGREES 46 MINUTES 45 SECONDS W 20.92 FEET; THENCE LEAVING SAID WEST LINE N 87 DEGREES 16 MINUTES 29 SECONDS W 280.02 FEET; THENCE S 54 DEGREES 16 MINUTES 28 SECONDS E 68.55 FEET; THENCE S 35 DEGREES 43 MINUTES 32 SECONDS W 20.00 FEET; THENCE N 54 DEGREES 16 MINUTES 28 SECONDS W 80.98 FEET; THENCE N 87 DEGREES 16 MINUTES 29 SECONDS W 70.39 FEET; THENCE N 02 DEGREES 43 MINUTES 31 SECONDS E 20.00 FEET; THENCE S 87 DEGREES 16 MINUTES 29 SECONDS E 42.39 FEET; THENCE N 63 DEGREES 04 MINUTES 41 SECONDS W 95.15 FEET; THENCE N 87 DEGREES 16 MINUTES 29 SECONDS W 3.42 FEET TO THE WEST LINE OF TRACT A AS SHOWN ON PLAT RECORD 23-220; THENCE ALONG THE WEST LINE THEREOF N 02 DEGREES 44 MINUTES 00 SECONDS E 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 14198.0 SQUARE FEET OR .33 ACRES, MORE OR LESS. May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 6 of 16 UTILITY APPROVAL FORM FORRIGHT. OE- WAY, ALLEY, AND UTILi17! EASEMENT VACATIONS DATE: March 13, 2007 urru r COMPAz1NY l Az'a it APPLICANT NAME: Mathias Shopping Centers, Me. APPLICANT PHONE: 479-7509100 REQUESTED VACATION (applkwd must ekeekMtkat aPP(r): — X Utility Easement — N/A Right -of --way for alley or streets and all uddty easements located within the vacated right- of- way. N/A Alley - N/A Street right•ofway I have been notified of aha peddon to vacate the following (alley, easement, rlgla-of-way), described es follows: Goland location / Addrea (referring to attached document- must be completed") 1267 N. Steamboat Drive, — See attached Easement Plat for more details Please see reached eavartempfat and legat deteription for Malls of casco wvt to be veal UTILITY COMPANY COMMENTS: No objections to the vaeation(s) described above. • No objections to the vaeation(s) described above, provided following described easements ore retained. (State the locadon, dimensions, and purpose below.) • No objections provided the following conditions arc met: Signa by Company p native sysiert sTakiecif Tide May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 7 of 16 -unurrX APPROVAL FORM FOR MU OF WAY, ALLEY, AND I)TLUTY BASEMENT VACATIONS DATE: March 13, 2007 UTILITY COMPANY CnxCaluntuvb34'na3H APPLICANT NAME: Mathias agllabig...C6/lleac, APPLICANT PHONE: 479-7504400 REQUESTED VACATION (ap/rlIemttnuat check What apply): .. X Utility Easement - N/A Right-of-way for alley or streets and all utility easements located within the vacate•I right- of- way. • N/A Alley • N/A Street right -of --way I have been notified of the petition to vacate the following (alley, easement, right-of-way), r.[ascribed as follows: General location / Address (refening to attached document- must be completed**) 1267 N. Steamboat Drive. — See attached Easement Plat fbr more details Neat see attached easement plat and legal description for detoifs of easement f e be vacated UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described tenements art: retained_ (State the Location, dimensions, and purpose below,) • No objections provided the. following conditions are mot: Signature of Utility Company Representative S tri ut9„ I' Title May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 8 of 16 • MEM APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND 101II1TY EASEMENT VACATXONS DATE: March 13. 2007 trrThr Y COMPANY,' APPLICANT NAME: Mathias Shopping Centers. Inc APPLICANT PHONE: 479.750-9100 REQUESTED VACATION (applicant must cheeks_(! that apply): X Utility Easement N/A Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. N/A Alley — N/A Street right-of-way I have been notified of the pedtion to vacate the following (alley, easement, right-gfiway), described as follows: General location /Address (referring to attached document- must be completed••) 1267 N. Steamboat Drive. — See attached Easement Plat fbr more details Pleateaee attached easement plat and legal duo***for Malls of tawniest to be vacated UTILITY COMPANY COMMENTS: ONo 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: 5.? ier”...(? set P r� i ature o U ' Com any Representative 4tyfEEt2 _ L Titl9 May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 9 of 16 1 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: March 13, 2007 UTILITY COMPANY> Arka`ttsas' Veste APPLICANT NAME: Mathias Shopping Centers, Inc. APPLICANT PHONE: 479-750-9100 REQUESTED VACATION (applicant must check all that apply): X Utility Easement — N/A Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. — N/A Alley — N/A 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**) 1267 N. Steamboat Drive. — See attached Easement Plat for more details Please see attached easement plat and legal description for details of easement to be vacated UTILITY COMPANY COM tAr No 'objection to the vacation(s) described ab • 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: * ketC gnatur oftility Copy Representative 1.0 PE 60At✓f /4n 4n( Title May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 10 of 16 6 d 01 .16.131 03-28-2007 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 03/27/2007 UTILITY COMPANY Soulhwegtgrn$ell Tete] REQUESTED VACATION: UTILITY EASEMENT ars """s7 I have been notified of the petition to vacate the following right-of-way. Described as follows: A part of Tract A, as recorded In Circuit Clerks office for Washington County, Arkansas at plat record 23-22, being more particularly described as follows: Commencing from the NW Domer o1 Tract A, as shown on plat record 23-220; thence along the W line thereof SO2degrees44'00" W 79.87 feet to the point of beghning; thence teaving said W tine S871629" E 4665 feet thence 542°1679"E 8002 feel; thence S68°23118" E 38.37 feet; thence 887°16'29"E 286.15 feet to the west line of an existing utility easement as shown on plat book 16 at page 30; thence along said W line 20.93 feet along a curve to the left, said curve having a radius of 201.00 feel and a chord of SI9°46'45' W 20.92 feet; thence leaving said west line N87°1829" W 280.02 feet; thence 954°1628°E 68 55 feet; thence S35°43'321 W 20.00 feet; thence N54416128'W 80.98 feet thence N87°16'29' W 70.39 feet thence NO2°43'31" E 20.00 feet; thence S87°16'29' E 42.39 feel; thence N63° 04'41' W 95.15 feet; thence N8716'29" W 3.42 feet to the W line of tract A, as shown on plat record 23-220; thence along the W line thereof NO2°44100• E 40.00 feet to the point of beginning, containing 14198.0 square feet or 0.33 acres, more or Less. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this tom; does not constitute a release of easement. The attached Concurrence must be recorded at the W rsh/ngton County courthouse in order for this release to be complete and legal. Signature of AT&T Company Representative: LP Lynda E. Sommerfeldt Palmer, Mgr.-Engr. (ROW) 6LZSZ it98V '0N/LS: bl'Z0/9 : L0 .8Z'6 (G3M) 4 /4 May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 11'i$ Jan Gambill Utility Approval Form (wale- 'kid sewer).pdf 04/17/2007 TUE 16:20 FAX 479 684 4730 WATER & SEWER tTIIrLTVAPPROVAL FORM BORRIGHT- OF- WAY, ALLEY, AND 01011 TY EASEMENT VACATIONS DATE: April 5,2007 Page 1 UTII.TIY COMPANY City ofFayellevEleEngineering (Water and Sewer) APPLICANTNAME Mathias Shopping Ceram, Inc. APPLICANT PHONE: -079-750-910D REQUESTED VACATION (app&a lnmdcheck aRthatappfth: — X UddityEosement — NIA Right-of-way for alloy or streets and all migty easements located within the vacated right of:, way. — NIA Alley — NIA Sheetright-of-way I have beennotified ofthepetition to vacate the fotlowiageasemem, desedbed as follows: General location / Address (referring to attached document-mmstbe completed") 1267N. 5reamboatDrive.—See attached EBsementPlat formme details Pleaseseeattacked =mind pro' mtdlegal description far details apron m bewmfed ITf1LITY COMPANY COMMENTS: No objections tote vacation(s) descnted above. • No objections to the vacation(s) deserted above, provided following described easements am retained. (State the location, dimensions, and purpose below.) • No objections provided the followingwnditions are met - i 1b> Signature m eofUb •.0 ^ Repteseotwe G�cL- s- San r & 's YV1cr tgi UO2 May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 12 of 16 Jan Gambill - Utility Approval Form (trans tation)pdf 04/13/2007 11:47 FAX 4794443490 DATE: April 5,2007 COF TRANSPORTATION DIVIS 1002 UTILITY AYYROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: City ofFayetteville Transportation (Streets) APPLICANT NAME: Mathias Sboonine Centers, Inc. APPLICANT PHONE 479-7S0-9100 REQUESTED VACATION (applemd amid check all that apply): - X Utiiity Easement - N/A Right-of-way for alley or struts and all utility easements located within the vacated right of- way. • Na. Alley - N/A Sneetright-of-way I have beennotifed of Ute petition to vacate the fallowing easement, described as follows: General location /Address (referring to attached dooumoot- muabe completed+•) 1267 N. StoomboatDrive.-See unachedEasemcotPlat for more details pleasesee attached earoneat plat mu !legal for details of easement lo he vaeealed. TY COMPANY COMMENTS: objections to thc vacation(s) described above. No objections to the vacation(s) described above, provided following described oosements are retained. (Stare the location, dimensions, and purpose below.) • No objections provided the following conditions are met Fp, ofU Sigdllty C soy Represen fisrw� 317 ef '-Tit` f7(VtS`� C S Dar iskhta' sic in May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 13 of 16 Jan Gambill Utility Approval Form jsolid std pdf 1 UTILITYAPPROVAL FORM FOR RIGHT- OF- WAY, AT7.FY, AND UTIIdTY EASEMENT VACATIONS DATE: April 5,2007 UTILITY COMPANY: City of Fayetteville Solid Waste (Sanitation) APPLICANT NAME: ivlatbias Shopping Canters. Inc. APPLICANT PRONE: 479-750-9100 REQUESTED VACATION (applicant must check &Qdratappli9: - X Utility Easement - N/A Right-of-way for alley or streets and all utility easements located within the vacated right of- way. — N/A Alley — N/A Street right-of-way I have been notified of the petition to vacate the following easement, described as follows: General bastion /Address (referring to attached document must be completed"•) 1267 N. Steamboat Drive. — See attached Easement Plat for more details Please see Mocked easonentplat and legal description for tags oftaser aadm be vacated 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: Signature ofUtiConm Retmsentatin t_ LvnActzo -GC CA-( tc- Urar eilL( totted Title May 29, 2007 Planning Commission VAC 07-2568 Mathias Shopping Centers Agenda Item 2 Page 14 of 16 VAC07-2568 Close Up View MATHIAS SHOPPING CENTERS Overview May 29, 2007 Planning Commission 07-2568 Mathias Shopping Centers Agenda Item 2 Overview Legend Subject Property VAC07-2568 Boundary 4°ti..i Planning Area ;ponce, o Overlay District o, , `U I Outside City 0 0.25 0.5 Legend MI Hillside -Hilltop 01 1 erlay District May 29, 20 7 p� Planning Commissi n `8'.$568 Mathias Shopping Centers Ao Itcrr 2 Page 16 of 16 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Planning DATE: May 21, 2007 PC Meeting of May 29, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2615 (THEO'S, 484): Submitted by COOPER ARCHITECTS for property located at 318 CAMPBELL AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.20 acres. The request is for a parking waiver of one parking space to allow for the construction of new deck area on the west side of the property as provided in §172.05(4) of the Unified Development Code. Property Owner: SCOTT E. BOWMAN Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested parking waiver based on the findings includedlin this report, with the following conditions: 1. A copy of the signed and current lease for the offsite parking spaces on: Watson Street, or verification that the old lease has been renewed, shall be provided to the Planning Division. 2. A building permit shall be obtained for any construction. PLANNING COMMISSION ACTION: Required: YES Motion: ❑ Approved ❑ Denied ❑ Tabled Second: Vote: Date: May 29, 2007 Comments: K: IReports12007tPC Reportsl05-29-07IADM 07-2615 (Theo's).doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 1 of 16 BACKGROUND: Property description: The subject property is located at 318 Campbell Avenue, a designated ST -30 Street, immediately north of Dickson Street, a MS -55, Main Street. The property is zoned Main Street Center (MSC) and is surrounded by properties containing offices, retail establishments, restaurants, and multi -family residential. The existing parking lot on the property is a located along the west side of the building and has a total of 7 spaces. The existing structure on the property is approximately 4,300 square feet. Background: The Planning Commission approved ADM 05-1655 (Theo's) on July 25, 2005 to allow for a parking waiver to remove three spaces allowing for the construction of a new patio on the northwest side of the property. A copy of the staff report for this item is attached. The new patio has been constructed as originally indicated by the applicant. As part of the Planning Commission approval, shared parking for 12 spaces at 313 North Rollston Avenue, and offsite parking for 25 spaces on Watson Street were approved. Proposal: The applicant now proposes an expansion to the existing deck on the west side of the restaurant over one existing parking space, which is owned by the property owner. The total area of the expansion is approximately 260 square feet with a parking requirement of 1/100 square feet (three spaces). However, new accessory outdoor use areas for restaurants and bars are exempt from meeting off-street parking requirements in the MSC zoning district as stated in Section 172.05 of the Fayetteville Unified Development Code. 172.05 Standards For The Number Of Spaces By Use (4) Downtown Core, Main Street Center, and Downtown General Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the Downtown Core, Main Street Center, and Downtown General zoning districts. This provision allows for the construction of new accessory outdoor uses, without requiring additional parking. However, because the new patio would cover one existing parking space that currently serves the structure, the applicant is required to provide a shared parking agreement, or pay a fee -in -lieu of parking for $1,200.00 (1 spaces x $1,200.00 per space). Request: The request is for the Planning Commission to allow removal of one of the onsite parking space at 318 Campbell, and to continue to allow shared parking for 12 spaces between the subject property and property located at 313 North Rollston Avenue (under the same ownership) and for offsite parking at Watson Street. Parking for the subject property is summarized in Table 1. 1<;I Reports 120071 PC Reports 105-29-071 ADM 07-2615 (Theo's). doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 2 of 16 TABLE 1 PARKING SUMMARY Location of Parking Proposed Number of Spaces Onsite Parking 6 Shared Parking at 313 North Roliston Avenue 12 Leased Parking at Watson Street 26 TOTAL 44 The property exceeds the minimum requirement of 31 parking spaces (the structure is 4,300 square feet, and the City's required ratio is 1 space/100 square feet of restaurant use with a 30% reduction). The property owner at 313 North Roliston Avenue is allowing the property at 318 Campbell Avenue' (Theo's Restaurant and Bar) to utilize 12 parking spaces. The subject property may also use on - street parking along Dickson Street and the surrounding area for additional parking needs. Based on the current code (Section 172.05.C), shared parking arrangements between developments are encouraged to reduce the amount of parking required for new development. (C) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements are subject to the approval of the Planning Commission. (1) Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of parking required. (2) Shared parking agreements. If a privately owned parking facility is to serve two or more separate properties, then a "Shared Parking Agreement" is to be filed with the city for consideration by the Planning Commission. (3) Shared spaces. Individual spaces identified on a site plan for shared users shall not be shared by more than one user at the same time. SURROUNDING LAND USE AND ZONING Direction from Site Land Use Zoning . North Multi -Family Residential NC South Razorback Cleaners MSC East Three Sisters Building MSC West Bordino's MSC 1 Scott Bowman is the property owner of 313 North Roliston and 318 Campbell Avenue. K: IReports120071PC Reports105-29-071ADM 07-2615 (Theo's).doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 3 of 16 GENERAL PLAN DESIGNATION: Downtown Master Plan FINDINGS 3. Parking Variances a. Number of Spaces. The Planning Commission shall have the authority to vary the number of off-street parking spaces required in DC, MSC, DG districts. b. Findings. The Planning Commission shall make findings indicating: (i.) Parking Generated. That the proposed use will not generate as much parking as required under the existing standards. Findings: The proposed use requires no additional parking, by ordinance. (ii.) Shared parking. That shared parking facilities are available; or Findings: The applicant has provided a shared parking agreement with off-site office properties allowing for parking in the nearby vicinity. (iii.) On -Street parking. The on -street parking can satisfy intermittent and occasional demands. Findings: On -street parking is available along Dickson Street and various public parking lots in the downtown area: K: IReports120071PC Reports105-29-071ADM 07-2615 (Theo's).doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 4 of 16 Fayetteville Unified Development Code 172.05 Standards For The Number Of Spaces By Use (A) Off-street parking (1) Change of use — shared parking. Except as outlined in (2) and (3) below, change of use in mixed use developments or developments that have entered an approved shared parking agreement requires a parking demand analysis using Table 4, Parking Occupancy Rates. The property owner shall notify the Planning Division when a change of use is proposed. A forecast deficiency greater than 15% must be met by the construction of additional parking spaces, payment of in lieu fees, support of shuttle service, other trip reduction programs satisfactory to the city, or a combination hereof. (2) Change of use — waiver. In Downtown Core, Main Street Center, and Downtown General zoning districts, parking requirements are waived for any existing structure with a change of use. New construction, razed. buildings or enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For enlarged buildings, additional parking spaces will be calculated by the amount of square footage that is added. (3) Building footprint — waiver. In Downtown Core, Main Street Center and Downtown General zoning districts, parking requirements are waived for the square footage "footprint" of any building which existed and has been removed since October 1, 1995, in order to rebuild. (4) Downtown Core, Main Street Center, and Downtown General Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the Downtown Core, Main Street Center, and Downtown General zoning districts. K: IReports120071PC Reports105-29-071ADM 07-2615 (Theo's).doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 5 of 16 04 May 2007 Jesse Futcher, Current Planner City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: Theo's Proposed Deck Expansion Dear Mr. Fulcher, 1 PARKING WAIVER REQUEST RECEIVED MAY 0 7 2007 PIANNING_p1W Thank you for your time in review of the proposed deck expansion for Theo's Restaurant & Bar, As you are aware, the proposed expansion will eliminate one of the seven existing parking spaces on the west (Campbell Street) side of the restaurant. According to Section 172.05 of the City of FayettevilleUnified Development Code, the required number of off-street parking spaces for the 4,300 Sq ft restaurant with the 30% allowed reduction would be 31 parking spaces (GFA/I00 x .7 = 4300/1C0 x .7 = 30.1). If the deck expansion is allowed, the restaurant will have 6 off-street parking spaces on site. The restaurant Owners, Scott & Ted Bowman, also own the unoccupied, adjacent building to the south providing an additional 12 off-street spaces. The Owners also lease exclusively 26 off-street spaces nearby which they utilize for valet parking. In total, the Owners are providing 44 spaces for the required 31. This arrangement is in compliance with Section 172.06(C) Off Site Locations, and is similar to what was proposed and approved for the construction of the original deck (please see attached). It should also be noted that the single parking space in question is not used during business hours for parking, but only for valet pick-up and drop-off. The Owners feel that valet operations will not be affected by this proposed change. Thank you for your consideration. Tim Cooper May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 6 of 16 1 A RECEIVED MAY 0 3 2007 PLANNING DIV. 94.16' (•M•O sz)aAV"T739d1^4V01N 2.21+/- A z w 0 'dJ.l '9NIAHd dO 39C2 t z f 25'-6 1 18'-9" a htl) T —1 -n -o 3 a O 'tel 'p cp a 1p O1 O aThl - d o o a v fi▪ cn cn o -▪ , 3 0 d).1'9NIAVd 40 3903 (•M'O.d Q )'aAV NOJS11O21•N N m v z May 29, 2007 Planning Commission 4 3©AD / ¶D1107-2615 Theo's Agenda Item 3 Page 7 of 16 > COCO m m r O z '/\V 11d9dW V J XN A0 Om Am O ON J �II 0m0 22' +/- (MATO H EXISITING 3NI1Ali'3dOTJd PA Dm m0 nazi O 0 May 29, 2007 Pf ning Commission A M 07-2615 Theo's Agenda Item 3 Page 8 of 16 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Planning DATE: July 25, 2005 PC Meeting of July 25, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 05-1655 (THEO'S, 484): Submitted by COOPER ARCHITECTS for property located at 318 CAMPBELL AVENUE. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 0.20 acres. The request is for a parking waiver of three parking spaces to allow for the construction of new patio area on the northwest side of the property as provided in § 172.05(4) of the Unified Development Code. Property Owner: SCOTT E. BOWMAN Planner: ANDREW GARNER RECOMMENDATION: Staff recommends approval of the requested parking waiver based on the findings included in this report, with the following conditions: 1. A copy of the signed, filed shared parking agreement shall be forwarded to the Planning Division. 2. A building permit shall be obtained for any construction. 3. The applicant shall coordinate with the Engineering Division to determine the suitability of the proposed patio construction, with regard to existing water and sewer lines in the area. BACKGROUND: Property description: The subject property is located at 318 Campbell Avenue, an unclassified downtown street with 23' of right-of-way, immediately north of Dickson Street, a historic collector street. The property is zoned C-3, Central Commercial and is surrounded by properties containing offices, retail establishments, restaurants, and multi -family residential. The existing parking lot on the property is a located along the east and west sides of the building and has a total of 20 spaces. The existing structure on the property is approximately 4,289 square feet. Proposal: The applicant proposes to build a new patio area on the northwest side of the property over three existing parking spaces, which are owned by the property owners. The total area of the new structure is approximately 500 square feet with a parking requirement of 1/100 square feet (five K:IReporls120051PC Reportsl07-25-05ADM 05-1655 (Theo's).doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 9 of 16 spaces). However, new accessory outdoor use areas for restaurants and bars are exempt from meeting off-street parking requirements in the C-3 and C-4 zoning districts as stated in Section 172.05 of the Fayetteville Unified Development Code. 172.05 Standards For The Number Of Spaces By Use (4) C-3 and C-4 Zoning Districts accessory outdoor use areas - Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the C-3 and C-4 zoning districts. This provision allows for the construction of new accessory outdoor uses, without requiring additional parking. However, because the new patio would cover three existing parking spaces that currently serve the structure, the applicant is required to provide a shared parking agreement, or pay a fee -in -lieu of parking for $3,600.00 (3 spaces x $1,200.00 per space). Request: The request is for the Planning Commission to allow a shared parking agreement for 12 spaces between the subject property and property located at 313 North Rollston Avenue (under the same ownership). Parking for the subject property is summarized in Table 1 and includes the proposed shared parking agreement. TABLE 1 PARKING SUMMARY Location of Parking Onsite Parking Shared Parking at 313 North Rollston Avenue Leased Parking at Watson Street Proposed Number of Spaces 17 6 full-time and 6 after 5 PM (seven days a week) 25 after 5 PM (seven days a week) TOTAL 54 The property exceeds the minimum requirement of 43 parking spaces (the structure is 4,289 square feet, and the City's required ratio is 1 space/100 square feet of restaurant use). The property owner at 313 North Rollston Avenue is allowing the property at 318 Campbell Avenue' (proposed to be converted to Theo's, an upscale cocktail lounge and dining area) to utilize 6 full-time parking spaces and 6 spaces after 5:00 PM, seven days a week. The subject property may also use on -street parking along Dickson Street and the surrounding area for additional parking needs. Based on the current code (Section 172.05.C), shared parking arrangements between developments are encouraged to reduce the amount of parking required for new development. (C) Shared parking. Parking requirements may be shared where it can be determined that the peak parking demand of the existing or proposed occupancy occur at different times (either daily or seasonally). Such arrangements - are subject to the approval of the Planning Commission. (1) Shared parking between developments. Formal arrangements that share parking between intermittent uses with nonconflicting parking demands (e.g. a church and a bank) are encouraged as a means to reduce the amount of 1 Scott Bowman is the property owner of 313 North Rollston and 318 Campbell Avenue. K: IRepora120051PC Reporrs107-25-05 ADM 05-1655 (Theo s).doc May 29, 2007 Planning Commission ADM 07-2615 Theo's Agenda Item 3 Page 10 of 16