HomeMy WebLinkAbout2003-12-08 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday December 8, 2003
at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,
Fayetteville,Arkansas.
Roll Call
The following items will be considered:
Approval of minutes from the November 24,2003 meeting.
ConsentAgenda.
1. VAC 03-13.00: Vacation (Brandon Mall, pp 135)was submitted by Engineering
Services, Inc. on behalf of Gary Brandon Enterprises, Inc.for property located at the
northeast comer of the Northwest AR Mall, west of Hwy 71B. The property is zoned C-2,
Thoroughfare Commercial. The request is to vacate a portion of an existing utility easement
in the subject property. Planner: Jeremy Pate
New Business:
2. LSP 03-60.00: Lot Split(North St. Mini-Mart,pp 405)was submitted by Alan Reid on
behalf of Tom Peevyhouse for property located at 742 W.North Street. The property is
zoned I-1, Heavy Commercial and Light Industrial, and C-2, Thoroughfare Commercial, and
contains approximately 8.35 acres. The request is to divide the subject property into two
tracts of 0.57 and 7.32 acres respectively with approximately 0.46 acre right-of-way
dedication. Planner: Suzanne Morgan
3. RZN 03-38.00: Rezoning(McGowan/Candlelight North, pp 367)was submitted by Pat
McGowan for property located at the northeast corner of Gregg Avenue at Elm Street. The
property is currently zoned RSF-4,Residential Single-family, 4 units per acre. The request is
to rezone the property to RMF-24, Residential Multi-family,24 units per acre to allow for the
development of a 52 unit apartment complex. Planner: Jeremy Pate
4. RZN 03-39.00: Rezoning(Lyndell Thomas,pp 372)was submitted by Lyndell Thomas
for property located north of the intersection of Hwy. 45E and Crossover Road. The property
is currently zoned C-1,Neighborhood Commercial and contains approximately 0.93 acres.
The request is to rezone the property to C-2, Thoroughfare Commercial to allow for the
construction of a car wash. Planner: Jeremy Pate
5.R-PZD 03-06.00: Planned Zoning District(Benton Ridge, pp 527)was submitted by
Crafton, Tull and Associates,Inc. on behalf of Long LLC for property located on the east
side of Crossover Road,north of Huntsville Road and south of Wyman Road. The property
is zoned RSF-4,Residential Single-family,4 units per acre, and contains approximately 8.34
acres. The request is rezone the subject property to a Residential Planned Zoning District,
with a total of 43 dwelling units on 23 lots (20 Two-family, 3 Single-family)Planner:
Jeremy Pate
6. R-PZD 03-07.00: Planned Zoning District(Brophy Condominiums,pp 290,291)was
submitted by William Rudasill of WBR Engineering Assoc. on behalf of Ralph Brophy for
property located east of College Ave,north of Township on Brophy Circle. The property is
zoned RMF-40,RMF-24 and RSF-4 and contains approximately 6.01 acres. The request is
to rezone the subject property to a Residential Planned Zoning District with a total of 50
Residential dwelling units(25 Two-family units). Planner: Suzanne Morgan
7.PPL 03-18.00 Preliminary Plat(Salem Meadows, pp. 245)was submitted by Leonard
Gabbard of Landtech Engineering, Inc. on behalf of Palmeo Properties for property located
north of Salem Village and west of Holcomb Elementary on Salem Road. The property is
zoned RSF-4,Residential Single Family, 4 units per acre. The property contains 39.95 acres
with 103 lots proposed.Planner: Suzanne Morgan
8. CUP 03-29.00: Conditional Use (Calloway, pp 571)was submitted by David Gilbert of
Jorgensen&Associates on behalf of Charles Calloway for property located at Lot 35 of
Deerfield Place Subdivision. The property is zoned R-O, Residential Office. The request is
to create a tandem lot on this property.Planner: Suzanne Morgan
9. LSP 03-59.00 & LSP 03-62.00: Lot Splits (Calloway, pp 571)were submitted by David
Gilbert of Jorgensen&Associates on behalf of Charles Calloway for property located at Lot
35 in Deerfield Place.The property is zoned R-O,Residential Office, and contains
approximately 0.93 acres. The request is to split the original lot into three tracts of 0.24, 0.28
and 0.41 acres respectively. Planner: Suzanne Morgan
10.LSD 03-42.00: Large Scale Development(Calloway,pp 571)was submitted by David
Gilbert of Jorgensen&Associates on behalf of Charles Calloway for property located at Lot
35 in Deerfield Place. The property is zoned R-O,Residential Office and contains 0.93
acres. The request is to allow construction of 3 single-family dwellings. Planner: Suzanne
Morgan
11. CUP 03-28.00: Conditional Use(Smokey Bones, pp 174)was submitted by James
Koch of CEI Engineering on behalf of Jack Degagne of Smokey Bones for property located
on Lot 17 of Steele Crossing. The property is zoned C-2, Commercial Thoroughfare, and is
in the Design Overlay District. The request is to allow more parking spaces than allowed by
ordinance. Planner: Suzanne Morgan
12. LSD 03-39.00: Large Scale Development(Smokey Bones Restaurant, pp 174)was
submitted by CEI Engineering on behalf of GMRI Inc. for property located on Lot 17 of
Steele Crossing, east of the intersection of Mall Ave and Van Asche Dr. The property is
zoned C-2, Thoroughfare Commercial, and contains 16.22 acres. The proposal is to construct
a 7,567 sq. ft. restaurant with 118 parking spaces. Planner: Suzanne Morgan
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments
and other pertinent data are open and available for inspection in the Office of City Planning(575-8267),
125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions.
Interpreters or TDDfor hearing impaired are available for all public meetings. 72 hour notice is required.
For further information or to request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions &Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2003 Planning Commissioners
Nancy Allen
Jill Anthes
Don Bunch
Alice Church
James Graves
Sharon Hoover
Alan Ostner
Loren Shackelford
Christian Vaught
FAYETTE VILLE PC Meeting of December 08,2003
THE CrrY OF FAYETTEVH,LE,ARKANSAS
113 W. Mountain St -
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick,AICP, Zoning&Development Administrator
FROM: Matt Casey P.E. Staff Engineer
DATE: December 04,2003
VAC 03-13.00:Vacation(Brandon Mall,pp 135)was submitted by Engineering Services,hie.on
behalf of Gary Brandon Enterprises,hie.for property located at the northeast corner of the Northwest
AR Mall,west of Hwy 71 B. The property is zoned C-2,Thoroughfare Commercial. The request is
to vacate a portion of an existing utility easement in the subject property. Planner: Jeremy Pate
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation. The request is to vacate only the portion of the easement that is
encroached upon by the proposed structure.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections.
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections.
Cox Communications No Objections.
City of Fayetteville:
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No objections
December 08,2003
Planning Commission
VAC 03-13.00(Brandon Mall)
Page 1.1
Recommendation: Approval of the proposed utility easement vacation 03-13.00 subject to the
following conditions.
Conditions of Approval:
1. Any relocation of existing utilities will be at the owner's expense.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date: December 08,2003
CITY COUNCIL ACTION: ves Required
Approved Denied
Date:
December 08,2003
Planning Commission
VAC 03-13.00(Brandon Mall)
Page 1.2
Engineering Services, Inc.
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale,Arkansas 72765-0282
Phone:479-751-8733 • Fax: 479451-8746
November 17,2003
Chairman, Planning Commission
City of Fayetteville
113 W. Mountain St.
Fayetteville,AR 72701
RE: Easement Vacation
Brandon Mall LSD
Fayetteville,Arkansas
ESI has notified all utility companies via certified mail of the easement vacation under
consideration. Two companies, Cox Cable and Ozarks Electric Cooperative, have returned the
notification form,signed,which you will find included in the application packet. You will also find
the signed certified mail receipts for the utilities which have not yet returned the forms. Out efforts
to get the necessary forms signed and delivered to the.Planning Commission are ongoing.
During the technical plat review,no parties present expressed any concern or objection regarding the
vacation of the easement.
No existing lines have been found which run within the easement to be vacated.
t
cerely,
Brian XT. oore
RECEIVED
MY 17 n3
°'becinllier 08,2003
Planning Commission
Consulting Engineers and Surveyors VAC 03-13.00(Brandon Mall)
Jerry W.Martin,P.E. E.Watt LeFevre,P.E. Philip C.Humbard,EE-ELS. BrianJ.Moore,;.E.
President Senior Vice President Vice President Secretary/Treasurer
12/02/2003 13:59 4797518746 ESI SPRINGDALE PAGE 02
VAC10
PETITION
PETITION TO VACATE A 25'UTILITX EASEMENT LOCATED IN LOT A IN THE NORTHEAST
CORNER OF THE NORTHWEST MALL,CITY OF FAYETTEVILLE,ARKANSAS.
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We,the undersigned,being all the owners of the real estate abutting the 25'utility easement hereinafter sought to
be abandoned and vacated,lying in Lot A in the Northeast Corner of the Northwest Arkansas Mall in the City of
Fayetteville.Arkansas,a municipal corporation,petition to vacate an utility easement which is described as
follows:
A part of the Southeast Quarter(SE 1/4)of Section Twenty-Flute(23),Township Seventeen(17)
North,Range Thirty(30)West of the Fifth Principal Meridian,Washington County,Arkansas
and being more particularly described as follows,to wit:
Commencing at the Northwest Corner of the Southeast Quarter(SE 1/4)of said Section Twenty-
three(23),thence along the North line of said Section Twenty-three(23)North 89°00'51"East,-
791.01 feet to a set iron pin on the West Right-of--Way of U.S.Highway 7113;thence along said
Right-of--Way South 00°0658"East,- 136.88 feet to a found railroad spike on the West Right-of-
WayofU.S.Highway 71B;thenceNorth 20°12"20"West,-5638 feet;thence South 81901'40"West,
101.44 feet;thence South 08902130" Hast, - 27.03 feet to the POINT OF BEGINNING; thence
continue southerly along said line,a distance of95.55 feet;thence South 8105730"West,-25.00
feet; thence North 089021309 Wes,-93.70 feet;thence North 77943'53"East,- 25.07 feet to the
POINT OF BEGINNING,containing 2,366.00 square feet, more or less, and subject to any
easements,and or rights-of-way,and restricfions,of record,if any.
That the abutting real estate affected by said abandonment of the utility easement is Lot A in the Northeast Corner of
the Northwest Arkansas Mall in the City of Fayetteville,Arkansas,a certified copy ofthe original plat located in the
Circuit Clerk's Office forthe Countyof Washington,State ofArkansas,is attached hereto,marked Exhibit A,and made
a part hereof as though set out herein word fnr word.
Petitioners state that the above described real estate has not been used by the Utility Company 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,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
bylaw,
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas,abandon and vacate the above described real estate 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 utility easement.
Dated this day of 20
printedname signature RECEIVED
ED
DEC 012Na08,2003
printed name signature Planning Commission
rp�tl�;Ia11>
Page 1.4
12/02/2003 13:59 4797518746 - ESI SPRINGDALE PAGE 03
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.FAYETTEVILLE PC Meeting of December 08, 2003
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St
Fayetteville,AR 72701
Telephone:501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan,Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick,Zoning&Development Administrator, A.I.C.P.
DATE: December 02; 2003
LSP 03-60.00: Lot Split(North St. Mini-Mart, pp 405)was submitted by Alan Reid on behalf
of Tom Peevyhouse for property located at 742 W.North Street. The property is zoned I-1,
Heavy Commercial and Light Industrial, and C-2, Thoroughfare Commercial, and contains
approximately 8.35 acres. The request is to divide the subject property into two tracts of 0.57 and
7.32 acres respectively with approximately 0.46 acre right-of-way dedication. Planner: Suzanne
Morgan
Findings:
Proposal: The applicant requests to split the 8.35 acre property into two tracts of approximately
0.57 and 7.32 acres with a right-of-way dedication of 0.46 acres along North Street. The plat
currently shows the proposed lots as 0.80 acres and 7.55 acres;however,this area includes the
right-of-way to be dedicated by warranty deed. The subject property is located east of Leverett
Avenue on North Street. The proposed tract lies within the 100-year flood plain. By ordinance,
any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of
one acre. This is the third and final lot split for this parcel
Existing Development: There is currently a mini-mart/laundry facility and gas pump located on
the proposed 0.57 tract.
Surrounding Zoning: The property is zoned I-1 and C-2 with the proposed 0.57 tract located
entirely within the C-2 zone.
Water&Sewer: Water and sewer lines exist.
Right-of-way being dedicated.• There is an existing 40' of right-of-way from centerline of North
St., a State Highway designated as a principal arterial on the Master Street Plan requiring a total
of 55' of right-of-way from centerline. An additional 15' of right-of-way along North St. shall be
dedicated by warranty deed.
Background: This request was tabled at the November 12, 2003 Technical Plat Review due to
lack of representation. Due to the next meeting being one month away, the applicant was
allowed to stay in the review cycle if the staff comments were addressed and utility companies
were contacted for comment. The project was heard at the Subdivision Committee Meetingon
Decemer 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.1
November 26,2003 where it was approved with the condition that the lot be a minimum of one
acre. If the applicant was not satisfied with this condition,the project could be forwarded for the
full Planning Commission to make a determination of lot size.
Recommendation: Staff recommends approval with the following conditions:
Conditions of Approval:
1. A dedication of 15' of right-of-way for a total of 55' from centerline of North Street along
the original 8.35 acre lot to be dedicated by warranty deed prior to lot split approval.
2. Floodplain shall be delineated on the plat.
3. The applicant shall clearly show the location of all utility easements. Indicate whether the
utility casement is proposed to include or exclude area consisting of the gas pump island
structure.
4. Planning Commission determination of lot size less than one acre located entirely within
the flood plain. Staff is unable to make necessary findings to support a variance and
recommends the lot include a minimum of one acre pursuant to §168.04.
Standard Conditions of Approval:
5. Plat Review and Subdivision comments(to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives -AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
Additional conditions:
a.
b.
C.
December 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.2
PLANNING COMNIISSION ACTION: yes Required
Approved Denied
Date: December 08.2003
Comments:
The"CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
December 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.3
LSP 03-60.00
Page 7
Unified Development Code
Chapter 168: Flood Damage Prevention Code
168.04 Flood Hazard Reduction
In all areas of special flood hazards the following
standards shall apply:
(E) Standardsfor Subdivisions. Applications Food
for preliminary, final, and/or concurrent plat
%e'
approval shall contain the requirements Hi
identified in §166.01-§166.04 of the Unified Dan'` B.
'"', °o T`".
Development Code, Code of Fayetteville, in (7) Any lot platted so that a portion of the lot
addition to the following: lies in a special flood hazard area shall
contain a minimum of 6,000 square feet of
(1) Identify the special flood hazards areas, buildable area,including setbacks,outside
including delineation of floodways and the the special flood hazard area, or if it
elevation of the base flood. contains less than 6,000 square feet of
buildable area, it shall be platted to
(2) All final plats shall provide the elevation contain a minimum of one acre.
of proposed structure(s)and pad(s). If the
site is filled above the base flood,the final
pad elevation shall be verified by a (See illustration:
registered professional engineer, or Figure 4)
surveyor, and provided to the Floodplain
Administrator
(3) All proposals shall be consistent with the
need to minimize flood damage.
Buitdable �
Area i.
(4) All proposals shall have public utilities 6,000 Sq, Ft.
and facilities such as sewer,gas,electrical, Min. F l oo d
and water systems located and constructed Hazard
to minimize flood damage. Area
(5) All proposals shall provide adequate
drainage to reduce exposure to flood
hazards.
(6) To the extent practicable, lot boundaries
shall be made to coincide with natural and
pre-existing man-made drainage ways
within subdivisions to avoid the creation
of lots that can be built upon in only by
altering such drainage ways. (See
illustration:Figure 3)
K.IREPOR73I20031PCREPOR7S1I2-08VSP 03-60.00K ST.MIM MART.DOC December 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.4
Unified Development Code
Chapter 156: Variances
156.03 Development
(6) Flood Damage Prevention Code. The increase in flood levels during the
Planning Commission shall hear and base flood discharge would result.
decide requests for variances from the
requirement of this ordinance. Any (e) Variances shall only be issued
person or persons aggrieved by the upon a determination that the variance
decision of the Planning Commission is the minimum necessary,
regarding a variance request may appeal considering the flood hazard,to afford
such a decision in the courts of competent relief.
jurisdiction.
(a) In passing upon such applications, (fl
the Planning Commission shall
consider all technical evaluations, all (i)
relevant factors, and standards
specified in other sections of this
ordinance.
(b) Variances may be issued for the
reconstruction, rehabilitation, or
restoration of structures listed in the
National Register of Historic Places,
without regard to the procedures
identified in the remainder of this ME=
ordinance. Variances may only be
issued for such repair, or
rehabilitation if strict enforcement of
the ordinance would preclude the
structure's continued designation as a
historic structure, and the variance is
the minimum necessary to preserve
the historic character and design of
the structure.
(c) Generally, variances may be
issued for new construction and
substantial improvements to be
erected on a.lot half acre or less in (g) Variances may be issued for new
size contiguous to and surrounded by construction and substantial
lots with existing structures improvements and for other
constructed below the base flood development necessary for the
level,providing items(1)through(11) conduct of a functionally dependent
of §168.03(A) have been fully use provided that the provisions of
considered. As the lot size increases §168.03(A) are satisfied and that the
beyond half acre, the technical structure or other development is
justification required for issuing the protected by methods that minimize
variance increases. flood damages during the base flood
and create no additional threats to
(d) Variances shall not be issued public safety.
within any designated floodway if any December 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.5
LSP 03-60.00
Page 6
(h) Upon consideration ofthe factors flood elevation surcharge and that the
in this section,and the purpose of this cost of flood insurance will be
ordinance,the Planning Commission commensurate with the increased risk
may impose conditions to the granting resulting from the reduced lowest
of floodplain variances as it deems floor elevation. A copy of the notice
necessary to further the purpose of shall be recorded by the floodplain
this ordinance. administrator in the office of the
Washington County Clerk and shall
(i) Any applicant to whom a variance be recorded in a manner so that it
is granted shall be given written appears in the chain of title of the
notice that the structure will be affected parcel of land.
permitted to be built with a lowest
floor elevation below the regulatory
K IREPORM00APCREPOR7Y12-08VSP 03-60.00N ST.M7N7 MART.DOC December 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.6
DEC-03-2003 WED 10:31 AM ALAN REID AND ASSC 15014440964 P. 02
APA, Aian Red
& ASSOCIATES
PROFESSIONAL.
LAND
SURVEYORS
BOUNDARY
DATE:DECEMBER 3;2003 TOPO
GPS
TO:SUZANNE MORGAN,PLANNER
CITY OF FAYETTEVILLE
119 WEST MOUNTAIN STREET
FAYETTEVILLE,ARKANSAS
RE:VARIANCE REQUEST OF CITY DEVELOPMENT CODE 168,04
(FLOOD HAZARD REDUCTION),PARAGRAPH NO.7
DEAR MISS MORGAN,
OUR FIRM HAS BEEN CONTRACTED BY MR TOM PEEVYHOUSE TO SECURE A TRACT SPLIT ON
A PIECE OF PROPERTY LOCATED ON NORTH STREET LYING WEST OF THE ARKANSAS&
MISSOURI RAILROAD.THE PROPERTY IS OWNED BY CARL TUNE AND CONTAINS 8.35 ACRES.
FOR APPROXIMATELY TIM LAST TWELVE YEARS,MR.PEEVYHOUSE HAS BEEN LEASING
FROM MR.TUNE THE PROPERTY MORE COMMONLY KNOWN AS THE NORTH STREET MINI-
MART AND LAUNDRY.WITH HIS LEASE ABOUT TO EXPIRE,MR.TUNE HAS AGREED TO SELL
MR.PEEVYHOUSE TIM PROPERTY WHICH I'1E HAS BEEN LEASING.THE DESCRIPTION OF THE
LEASED LAND WAS FURNISHED TO ME,AS A BASIS OF PERFORMING OUR SURVEY.WITH THE
HELP OF THE PLANNING STAFF WE WERE ABLE TO MOVE FORWARD WITH THE PROJECT
BEING DESIGNATED AS A FINAL TRACT SPLIT OF THE,TUNE PROPERTY.DURING THE REVIEW
PROCESS,IT WAS BROUGHT TO OUR ATTENTION THAT THE PROPOSED SPLIT OF 0.80 ACRES,
(THE LEASED DESCRIPTION)WHICH LIES ENTIRETY IN A I00-YEAR FLOOD PLAIN DID NOT
MEET THE CITY'S REQUIREMENT OF A ONE ACRE MINIMUM FOR LOTS BEING PLATTED
ENTIRELY IN A FLOOD PLAIN.AT THE SUB-COMMITTEE MEETING,THE STAFF RECOMMENDED
APPROVAL WITH THE CONDITION THAT THE ONE ACRE M]INR MISE MET.WE ARE ASKING
THE PLANNING COMMISSION TO GRANT A VARIANCE OF THIS REQUIREMENT FOR THE
FOLLOWING REASONS:
1. GEOGRAPJUCRESTRIC77OIV
THE PROPOSED SPLIT IS BOUNDED ON THE NORTH AND WEST BY THE NORTH STREET
CHURCH OF CHRIST PROPERTIES.IT IS BOUNDED ON THE SOUTH BY NORTH STREET AND ON
THE EAST BY THE TUNE CONCRETE PARKING LOT AND OFFICE BUILDING-WITH THE
REQUIRED DEDICATION OF NORTH STREET,THE PROPOSED SPLIT HAS NOW BEEN REDUCED
FROM 0.80 ACRES TO 0.57,ACRES.I WOULD HAVE TO MOVE THE EAST LINE OF THE PROPOSED
SPLIT APPROXIMATELY 150 FEET TO THE EAST TO A POINT WHICH WOULD ENCOMPASS BOTH
THE PARKING LOT AND OFFICE BUILDING OF TUNE CONCRETE-ADDITIONALLY,THIS WOULD
CREATE A PARCEL OF LAND WHICH WOULD BE SPLIT BY THE EXISTING NATURAL.
WATERCOURSE WHICH IS IN DIRECT CONFLICT WITH PARAGRAPH 6 OF CODE 168,04.THIS IS
ADDITIONAL PROPERTY THAT MR.TUNE NEITHER WISHES TO SELL NOR MR.PEEVYHOUSE
WISHES TO PURCHASE.
December 08,2003
Planning ggm,,,,��i s'
118 S. College Avenue Fayetteville,Arlmn;as 72701 479 444 8784 1 888 54ESg7�60.0����fi1lh`C� `L
Page 2.7
DEC-03-2003 NED 10:32 AM ALAN REID AND ASSC 15014440964 - P. 03
, A. ,RA Alan Reich
ASSOCIATE,)
PROFESSIONAL
LAND
SURVEYORS
. WUNDARY
TOM
GPS
Z STATIISQUO OFDEVELOPMENP
THE PROPOSED SPLIT IS ALREADY FULLY DEVELOPED.ALL UTILITMS ARE IN PLACE.ALL
SETBACKS AND PARKING REQUIREMENTS HAVE BEEN MET.THE SITE WILL BE UTILIZED AS
IT HAS BEEN FOR MANY YEARS WITH NO MORE IMPACT TO THE FLOOD PLAIN THAN
ALREADY WaSTS.
3.PRACTICALITY
THE ONLY REASON FOR THE PROPOSED TRACT SPLIT IS SO THE OVMERSHTP OF THE
PROPERTY WINCH HOUSES THE MINI-MART AND LAUNDRY CAN BE TRANSFERRED FROM
ONE INDIVIDUAL TO ANOTHER.THE EXISTING BOUNDARIES OF THE PROPOSED SPLIT HAVE
BEEN MORE THAN ADEQUATE FOR THE LONG STANDING USE OF THIS PROPERTY.
WHILE WE BELIEVE THAT IN SOME INSTANCES THERE MAY BE A CLEAR REASON BEHIND THE
ONE ACRE MINIMUM,WE DO NOT SEE WHERE ANY HARM WILL COME IN GRANTING A
VARIANCE TO CODE 168.04 IN THIS CIRCUMSTANCE.WHAT MR,PEEVYHOUSE WISHES TO
OWN IS WHAT HE HAS LEASED FOR MANY YEARS.HIS ONLY GOAL IS TO PRESERVE HIS
BUSINESS INVESTMENT AND CONTINUE TO SERVE THE NEEDS OF HIS PATRONS.
SPECT
REIO
PROFESSIONAL LAND SURVEYOR
ARKANSAS REGISTRATION 1005
December 08,2003
Planning Commission
178 S. Coliega Avenua Foyatteville,Arkansas 72701 479 444 8784 1 886 54t$V AA-60.0(F6ATAFfn"mfflj34
Page 2.8
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone: 479-444-3472
TO: Suzanne Morgan, Associate Planner
FROM: Rebecca Ohman,Park Planner
DATE: November 12,2003, 2003
SUBJECT: Parks &Recreation Plat Review Comments
Meetine Date: November 12,2003
Item: LSP 03-60.00 North Street Mini-Mart,pp 405
Park District:
Zoned:
Billing Name&Address:
Land Dedication Requirement Money in Lieu
Single Family @ .024 acre per unit= acres @$555 per unit=$
Multi Family _@ .017 acre per unit= acres @$393 per unit=$
Mobile Home @ .024 acre per unit= acres @ $555 per unit=$
Lot Split @$555 per unit=$
COMMENTS:
■ No parks fees are assessed as this property is zoned I-1,Heavy Commercial and Light
Industrial and C-2, Thoroughfare Commercial.
■ Scull Creek and the Arkansas&Missouri Railroad are both located on the Alternative
Transportation and Trails Master Plan. Steve Hatfield,Trails and Greenways Coordinator,
would like to discuss the opportunity to provide pedestrian access along bothof these
corridors. He will call to discuss these options in the near future. (718-7688)
Subdivision Committee Meeting Comments,November 26 2003:
■ No parks fees are assessed as this property is zoned I-1, Heavy Commercial and Light
Industrial and C-2, Thoroughfare Commercial
■ Scull Creek and the Arkansas&Missouri Railroad are both located on the Alternative
Transportation and Trails Master Plan. Steve Hatfield,Trails and Greenways Coordinator,
would like to discuss the opportunity to provide pedestrian access along both of these
corridors. He will call to discuss these options in the near future. (718-7688)
December 08,2003
Planning Commission
LSP 03-60.00(N.St Minimart)
Page 2.9
LSPVie 0
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' Planned Collor Planning Commission
� 00%. Historic Collector U P 03-60.00(N.St Minimart)
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Overview Legend
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LSP03$0.00 �-ke,Planning Area Freeway) Pressway
d000a 4�.Pnnr Medal
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Streek000_0 4�MinoMenal
fc•'I '�,.E Sffne L_ I City Limits ��.collector
Outride City elstonc conemor December 08,2003
Planning Commission
L P 03-60.00(N.St Minimart)
0 0.1 0.2 0.4 0.6 0.8 iles Page 2.11
FAYETTEVILLE PC Meeting of December 08, 2003
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate,Associate Planner
THRU: Dawn Warrick, AICP, Zoning&Development Administrator
DATE: December 03, 2003
RZN 03-38.00: Rezoning(McGowan/Candlelight North,pp 367) was submitted by Pat
McGowan for property located at the northeast corner of Gregg Avenue at Elm Street. The
property is currently zoned RSF-4, Residential Single-family,4 units per acre. The request is to
rezone the property to RMF-24,Residential Multi-family, 24 units per acre to allow for the
development of a 52 unit apartment complex. Planner: Jeremy Pate
RECOMMENDATION:
Staff recommends denial of the requested rezoning based on the findings included as part
of this report.
PLANNINGCOMMISSION ACTION:' Required YES
O Approved O Denied
Date: December 08,2003
CITY COUNCIL ACTION: " Required YES
O Approved - O Denied
Date:
BACKGROUND:
Property description: The 2.62-acre subject property is situated north of Elm Street, east of
Gregg Avenue, surrounded by RSF-4 Residential Single Family, 4 DU/Acre and I-1 Heavy
Commercial, Light Industrial zoning. The subject property, zoned RSF-4, has frontage onto both
Elm Street and Gregg Avenue. Gregg Street is classified as a Minor Arterial on the Master Street
Plan, and creates a relative barrier from I-1 zoned property across the street. To the north is the
American Electric Power(AEP/S WEPCO)facility,which is a relatively quiet industry. Elm
Street is a Local Street that serves as access for the single family residential neighborhood to the
east and south. Many of the homes are on 1 to 1.5-acre lots,with a density much lower than the
RSF-4 zoning designation in which they are situated.
Proposal: The applicant is proposing to rezone the property from the current single family RSF-
4 zoning designation to a zoning designation suitable for multifamily residential development. A
December 08,2003
Planning Commission
RZN 03-38.00(Candlelight North)
Page 3.1
conceptual site plan has been submitted for review, indicating 52 units with a total of 72
bedrooms. A Bill of Assurance is also proposed by the applicant,limiting the number of units to
52 total, in addition to a small office/living space. With the proposed RMF-24 zoning district,the
subject property's maximum number of units is 62 on the 2.62-acre tract. Fifty-two (52)units, as
proposed by the applicant,yields a density of 19.8 DU/Acre.
Request: The request is to rezone the property RMF-24,Residential Multifamily, 24 DU/Acre.
Recommendation: The proposed RMF-24 zoning would allow a much greater density to be
developed than the current RSF-4 zoning district currently allows. While a higher density in this
transitional area between single family residential land use and Light Industrial land use is not
undesirable, staff finds the proposed density would be detrimental to the cohesive nature of the
existing, established single family residential neighborhood and incompatible with immediately
adjacent 1 to 1.5-acre single family lots.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North AEP/SWEPCO facility I-1, Light Industrial/Heavy Commercial
South Single family homes, rental units RSF-4, Res. Single Family, 4 DU/Acre
East Single Family homes RSF-4, Res. Single Family, 4 DU/Acre
West GreggAve., RIDOUT Lumber Co. 1 I-1, Light Industrial/Heavy Commercial
INFRASTRUCTURE:
Streets: Gregg Avenue access is an improved roadway providing access to the site.
Access may also be required on Elm Street. Street improvements will be
recommended regardless of access points for Elm Street. These improvements
will require improving the street to a minimum of 14' from centerline including
pavement, curb and gutter and storm sewer. Staff will also consider a
recommendation for adding a left turn lane at the intersection of Gregg and Elm.
Water: The property currently has access to an 8"water line along Gregg Avenue and an
8" line along Elm Street. An extension of the water main will be required to
provide water supply within any development on this property. The main will
also have to be looped between these two existing mains to provide dual feed for
the development.
Sewer: The site currently has access to an 8" sewer main on the site. This sewer main
flows into the 18"main that runs along Elm Street. Sewer will need to be
extended within the development. The existing sewer mains should have
sufficient capacity to serve the development.
Fire: The subject property is located 2.3miles from Fire Station#4 on Longview Street.
December 08,2003
Planning Commission
RZN 03-38.00(Candlelight North)
Page 3.2
Normal driving time is 3 min. 56 seconds. Water supply with fire hydrants will be
necessary for this property to develop.
Police: It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load
on police services. Elm Street,however, is narrow and has no sidewalks. The
addition of a 52 unit apartment complex would create some increase in traffic
danger if sole access was on an unimproved Elm Street. Improvement to Elm
Street including sidewalks on at least one side and/or access to Gregg Avenue
would reduce this risk.
LAND USE PLAN: General Plan 2020 designates this site Residential.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives,principles, and policies and with land use and zoning plans.
Finding: While the proposed RMF-24 zoning is consistent with the General Land Use
Plan designation of this site as Residential, staff finds it is not compatible
with principles and policies to protect Fayetteville's cohesive, established
neighborhoods. Staff finds the proposed density with an RMF-24 zoning
would be detrimental to the surrounding single family neighborhood.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified to enable the applicant to develop a
multifamily residential complex. The site is located in a transitional area,
between Light Industrial and Single Family residential land use. To develop
the property under the current zoning designation of RSF-4 with single
family homes could present incompatible uses between the non-residential
and residential uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will create additional traffic on Gregg Avenue and Elm
Street. Elm Street is a natural go-between from Gregg Street to College
Avenue,though presently not highly used because of the existing
substandard condition of the street and the presence of single family homes.
Approximately 345 vehicle trips per day would be generated by the proposed
density. Gregg Avenue is an improved roadway in this area. Elm Street,
however, is narrow, substandard and has no sidewalks. According to the
December 08,2003
Planning Commission
RUN 03-38.00(Candlelight North)
Page 3.3
Police department,the addition of a 52 unit apartment complex would create
some increase in traffic danger if sole access was on an unimproved Elm
Street. Improvement to Elm Street including sidewalks on at least one side
and/or access to Gregg Avenue would reduce this risk. The Engineering
Division also recommends improvements of Elm Street,regardless of the
point of access.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools,water, and
sewer facilities.
Finding: The proposed zoning will increase population density in this area. A 52-unit
apartment complex with 72 bedrooms is a substantial increase in population
over the current zoning designation,which would allow only 10 units.
Engineering-The property currently has access to an 8"water line along Gregg Avenue
and an 8" line along Elm Street. An extension of the water main will be required to
provide water supply within any development on this property. The main will also have to
be looped between these two existing mains to provide dual feed for the development.
The site currently has access town 8" sewer main on the site. This sewer main flows into
the 18" main that runs along Elm Street. Sewer will need to be extended within the
development. The existing sewer mains should have sufficient capacity to serve the
development.
Gregg Avenue which is where the development will be accessed from is an improved
roadway. Access may also be required on Elm Street. Street improvements will be
recommended regardless of access points for Elm Street. These improvements will require
improving the street to a minimum of 14' from centerline including pavement, curb and
gutter and storm sewer. Staff will also consider a recommendation for adding a left turn
lane at the intersection of Gregg and Elm.
Fire-Water supply with fire hydrants is needed to serve development on this site.
Response time from Fire Station#4 is be 3 minutes 56 seconds (2.3 miles).
Police-It is the opinion of the Fayetteville Police Department that this rezoning will not
substantially alter the population density and thereby undesirably increase the load on
police services. Elm Street, however,is narrow and has no sidewalks. The addition of a 52
unit apartment complex would create some increase in traffic danger if sole access was on
an unimproved Elm Street. Improvement to Elm Street including sidewalks on at least one
side and/or access to Gregg Avenue would reduce this risk.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b(1)through(4)above, a determination as to whether the proposed
December 08,2003
Planning Commission
RZN 03-38.00(Candlelight North)
Page 3.4
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b(1)through(4) above why
the proposed zoning is not desirable.
Finding: N/A
December 08,2003
Planning Commission
RUN 03-38.00(Candlelight North)
Page 3.5
t5trlR� ,Residential Multi- FU-
Professional offices 1 acres
Family—Twenty-Four Units Per Acre
(A) Purpose. The RMF-24 Multi-family
Residential District is designed to permit and
encourage the developing of a variety of dwelling (3) Land area per dwelling unit.
types in suitable environments in a variety of
densities. Manufactured home 3,000 sq.ft.
Apartments:
*No bedroom 1,700 sq.ft.
(B) Uses. *One bedroom 1,700 sq.ft.
•Two bedroom 2,000 sq.ft.
(1) Permitted uses. Fraternity or Sorority 1,000 s .ft. er resident
Unit 1 Ci -wide uses by right (E) Setback requirements .
Unita Single-family dwellings
Unit Two-family dwellings Front Side Rear
Unit 10 Three-famil dwellin s 25 ft. 8 ft. 25 ft.
air h2fi i�1al i fam11 xivzeIDq s
(2) Conditional uses. Cross reference(s)-Variance,Ch.156.
Unit 2 Ci -wide uses by conditional use permit (F) Height regulations. Any building which
Unit 3 Public protection and utility facilities exceeds the height of20 feet shall be set back from
Unit Cultural and recreational facilities any side boundary line an additional distance of
Unit 11 Manufactured home park one foot for each foot of height in excess of 20
Unit 25 Professional offices feet.
Unit 24 Home occupations
Unit 36 Wireless communications facilities "
(G) Building area. None.
(Code 1965,App.A.,Art.5(1);Ord.No.2320,4-6-77;Ord.No.
(C) Density. 2700,2-2-81;Code 1991,§160.033;Ord.No.4100,§2(Ex.A),6-16-
98;Ord.No.4178,8-31-99)
Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park 100 ft.
Lot within a Manufactured 50 ft.
home park
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
Professional offices 100 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a mobile home park 4,200 sq.ft. -
Townhouses:
*Development 10,000 sq.ft.
*individual lot 2,500 sq.ft.
Single-family 6,000 sq.ft.
Two-family 7,000 sq.ft.
Three or more 9,000 sq.ft.
Fraternity or Sorority 2 acres
December 08,2003
Planning Commission
RZN 03-38.00(Candlelight North)
Page 3.6