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HomeMy WebLinkAbout2004-06-14 - Agendas - Final FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 125 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISION Monday,June 14,2004, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Approval of Minutes from the 05/24/2004 meeting. Consent Agenda. 1.VAC 04-1105: Vacation (LUTZ,716): Submitted by THOMAS C. LUTZ for property located at 1645 W SUNRISE MTN ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.30 acres. The request is to vacate a portion of a 10'gas and water easement on the subject property. Planner: SUZANNE MORGAN New Business: 2. ADM 04-1120: Administrative Item (CLEM JOHNSON): Submitted by CLEM JOHNSON for property located at 1798 E. HUNTSVILLE ROAD. The property is zoned C-2, THOROUGHFARE COMERCIAL,and contains approximately 0.78 acres. The request is to allow a waiver of Commercial Design Standards to allow a chain link fence in front of the structure at the subject property. Planner: DAWN WARRICK 3. RZN 04-1080: Rezoning(TRUMBO,557): Submitted by JAY RODMAN for property located at 3198 W 6TH STREET. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and contains approximately 0.81 acres. The request is to rezone the subject property from R-A, Residential Agricultural,to C-1,Neighborhood Commercial. Property Owner: DONNA TRUMBO Planner: JEREMY PATE 4. PPL 04-1081:Preliminary Plat(SUNDANCE MEADOWS,436): Submitted by GEOFFREY BATES for property located at W TACKETT AND GENEVIEVE AVE, S OF WEDINGTON DRIVE. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 7.90 acres. The request is to approve a subdivision of land with 25 single family lots proposed. Property Owner: SUSAN TODD Submitted on behalf of: JON TUGGLE Submitted on behalf of: DAVID CHANCE Planner: JEREMY PATE 5. CUP 04-1109: Conditional Use(CHI OMEGA PARKING LOT,444): Submitted by MANDY BUNCH for property located at 626 LINDELL. The property is zoned RMF-40, MULTI FAMILY-40 UNITS/ACRE and contains approximately 0.14 acres. The request is to approve the construction of an off-site parking facility with 12 stalls proposed. Property Owner:CHI OMEGA PSI CHAPTER CORPORATION Planner: JEREMY PATE 6. LSD 04-1078: Large Scale Development(BOTANICAL GARDENS OF THE OZARKS,99): Submitted by MANDY BUNCH for property located at HWY 265, W OF HEARTHSTONE INTERSECTION AND N OF ZION ROAD. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and contains approximately 6.44 acres. The request is to approve the development of Phase IA of the Botanical Gardens with office and meeting room facilities, garden areas, and a parking facility with 28 parking spaces proposed. Property Owner: CITY OF FAYETTEVILLE Planner: SUZANNE MORGAN 7. R-PZD 04-1075: Planned Zoning District(CAMBRIDGE CROSSING, 175): Submitted by MEL MILHOLLAND for property located at LOT 6C,VANTAGE SQUARE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 11.525 acres. The request is to approve a Residential Planned Zoning District on the subject property with 57 dwelling units proposed. Property Owner: TRACY K. &LORI C.HOSKINS Planner: JEREMY PATE 8. ANX 04-1071: Annexation (JONES,569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD AND EAST OF STONEBRIDGE MEADOWS SUBDIVISION PHASE I. The property is in the Planning Area and contains approximately 7.47 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: VERA JONES Planner: SUZANNE MORGAN 9. RZN 04-1072: Rezoning(JONES,569): Submitted by MEL MILHOLLAND for property located at 1341 ROBERTS ROAD. The property is in the Planning Area and contains approximately 7.47 acres. The request is to rezone the subject property from R-A,Residential Agricultural,to RSF-4, Residential Single-family, 4 units per acre. Property Owner: VERA JONES Planner: SUZANNE MORGAN 10. ANX 04-1073: Annexation (AMES TRUST,569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD, S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN 11.RZN 04-1074: Rezoning(AMES TRUST,569): Submitted by MEL MILHOLLAND for property located at W SIDE OF ROBERTS RD, S OF HWY 16E. The property is in the Planning Area and contains approximately 1.97 acres. The request is to rezone the subject property from R-A,Residential Agricultural,to RSF-4,Residential Single-family,4 units per acre. Property Owner: AMES FAMILY TRUST Planner: SUZANNE MORGAN All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data , are open and available for inspection in the office of City Planning(575-8267),125 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings;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 t officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2004 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Loren Shackelford Sean Trumbo Christian Vaught FAYETTEVILLE PC Meeting of June 14, 2004 THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:479-575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission Members THRU: Dawn Warrick,AICP, Zoning & Development Administrator FROM: Suzanne Morgan,Associate Planner Matt Casey P.E. Staff Engineer DATE: June 10,2004 VAC 04-1105: Vacation (LUTZ,716): Submitted by THOMAS C. LUTZ for property located at 1645 W SUNRISE MTN ROAD. The property is zoned R-A,RESIDENTIAL-AGRICULTURAL and contains approximately 1.30 acres. The request is to vacate a portion of a 10' gas and water easement on the subject property. Planner: SUZANNE MORGAN Findings: See the attached maps and legal descriptions for the exact location ofthe requested utility easement vacation. Background: The subject property is located west of South School Avenue on Sunrise Mountain Rd. as shown on the attached graphic. The property is within the R-A,Residential Agricultural, zoning district and contains approximately 1.31 acres. The lot contains two parcels including part of lot 8 of Sunrise Mountain Addition, a subdivision platted in 1959. A 10 foot gas and water easement located on the southern border of lot 8 was dedicated with the platted subdivision. Presently, a gas line is located within the easement. The property owner has removed the structure to the south of the easement and requests that a portion of the 10 easement be vacated to accommodate the construction of a new single family home. Discussion: A variance request to allow the construction of a single family home on property approximately 1.31 acres (less than the 2 acre lot area minimum for this zoning district)was approved by the Board of Adjustment on June 7,2004. The location of anew easement for relocation of the existing gas line and future installation of a water line is being evaluated at this time. The applicant has been working with representatives of Arkansas Western Gas Company to arrange for the relocation of the existing gas line into the proposed easement to be dedicated. That is the only utility,currently located in the subject easement. Request: The applicant requests to vacate the existing utility easement as described and depicted in the attached documents. The subject easement is confined by the boundaries of the subject property. Therefore,no adjacent property owners were notified of the proposed vacation. The applicant has submitted the required notification forms to Arkansas Western Gas and the Water and Sewer Superintendent of the City of Fayetteville. This easement was platted as a gas June 14,2004 Planning Commission VAC 04-1105(Lutz) Page 1.1 and water easement, allowing only water and gas access within this easement. Therefore, notification was not provided to other utilities or City officials. The results are as follows: UTILITIES RESPONSE Arkansas Western Gas No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer See Conditions of Approval Recommendation: Staff recommends approval of the proposed vacation, VAC 04-1105 subject to the following conditions: Conditions of Approval: 1. Removal of septic system on the subject property prior to installation of the new single family dwelling. 2. Dedication of a 20' general utility easement prior to relocation of the gas line or issuance of a building permit. 3. No sewage or septic systems, nor components thereof may be located within 10' of the newly dedicated easement. Any such sewage or septic facilities shall be moved at the owner's expense to at least 10' away from the easement. 4. Structures shall not be constructed over easements. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: June 14,2004 The "CONDITIONS OF APPROVAL", beginning on page one of this report,are accepted in total without exception by the entity requesting approval of this development item. By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: June 15,2004 June 14,2004 Planning Commission VAC 04-1105(Lutz) Page 1.2 DESCRIPTION OF REQUEST I, Thomas C. Lutz,am the owner of the property at 1645 W. Sunrise Mountain Road. The location is NE 1/4 of Lot 8,Block, Sunrise Mountain, Fayetteville, AR 72701. This property is located in the Southern part of Fayetteville, West of the old airport, atop Sunrise Mountain. When purchased, the lot had a small older early sixties home that was in a state of disrepair. It was agreed by both parties--,the sellers,John and Debbie Walker, and myself--that construction of a new modem home on this property would be an asset to all. The old demolished home occupied only half of the lot. There is a gas and water easement that divides the lot in half. The gas company can re-route the gas line from the easement and fulfill their requirements. If the water easement could be abandoned,then a new home could be constructed using the full potential of this lot. I therefore would like to appeal to the Board to abandon this easement. June 14,2004 - Planning Commission VAC 04-1105(Lutz) Page 1.3 VACATION PETITION PETITION TO VACATE AN EASEMENT LOCATED IN PART OF LOT 8 OF SUNRISE MOUNTAIN ADDITION,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 10' water and gas easement hereinafter sought to be abandoned and vacated, lying on part of lot 8 of Sunrise Mountain Addition,City of Fayetteville, Arkansas,a municipal corporation,petition to vacate an easement which is described as follows: Legal description of property to be vacated_ AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLOWS: A PART OF THE SOUTHWEST QUARTER(SW Y.)OF THE NORTHEAST QUARTER(NE V..)OF SECTION THIRTY TWO(32), TOWNSHIP SIXTEEN(16)NORTH, RANGE THIRTY(30)WEST, AND A PART OF LOT EIGHT(8)IN BLOCK`B" OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8;THENCE 503'54'52"E ALONG THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD 5.01 FEET TO THE SOUTH LINE OF SAID EXISTING EASEMENT;THENCE EAST ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT 143.99 FEET TO THE WEST LINE OF A PROPOSED FIFTEEN (15) FOOT WIDE UTILITY EASEMENT; THENCE N19020'25"W ALONG THE WEST LINE OF SAID PROPOSED EASEMENT 10.57 FEET TO A POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT; THENCE LEAVING SAID PROPOSED EASEMENT WEST ALONG THE NORTH LINE OF SAID EXISTING EASEMENT 141.17 FEET TO THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD; THENCE LEAVING THE NORTH LINE OF SAID EXISTING EASEMENT S03054'52"E 5.01 FEET TO THE POINT OF BEGINNING, WASHINGTON COUNTY,ARKANSAS. That the abutting real estate affected by said abandonment of the alley is lot 5 of Sunshine Mountain Addition 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. June 14,2004 Planning Commission VAC 04-1105(Lutz) Page 1.4 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:?,,/day day of MAY n6//� 2004. Name Signature Name Signature June 14,2004 Planning Commission VAC 04-1105(Lutz) Page 1.5 UTILITY APPROVAL FORM UTILITY EASEMENT VACATION DATE: t) C Q UTILITY COMPANY: Water and Sewer Superintendent for the City of Fayetteville 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 10'water and gas easement,described as follows: General location/Address: Located at 1645 W.Sunrise Mountain Rd. Legal Description of Proposed Vacation(see attached for graphical representation): AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED.AS FOLOWS: A PART OF THE SOUTHWEST QUARTER (SW %) OF THE NORTHEAST QUARTER (NE '/.) OF SECTION THIRTY TWO (32), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND APART OF LOT EIGHT (8) IN BLOCK "B" OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE S03°54'52"E ALONG THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD 5.01 FEET TO THE SOUTH LINE OF SAID .EXISTING EASEMENT; THENCE EAST ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT 143.99 FEET TO THE WEST LINE OF A PROPOSED FIFTEEN (15) FOOT .WIDE UTILITY EASEMENT; THENCE N19020'25"W ALONG THE WEST LINE OF SAID PROPOSED.EASEMENT 10.57 FEET TO A POINT ON THE -- NORTH LINE OF SAID EXISTING EASEMENT; THENCE LEAVING SAID PROPOSED EASEMENT WEST ALONG THE NORTH LINE OF SAID EXISTING EASEMENT 141.17 FEET TO THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD; THENCE LEAVING THE NORTH LINE OF SAID EXISTING EASEMENT S03054'52"E 5.01 FEET TO THE POINT OF BEGINNING,WASHINGTON COUNTY,ARKANSAS. UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s)described above. YNo objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) zo 61tsemc E IS P-GQ"REl1 Z0 kef)LAed *MA $AsEmarT &G1acvl} A(E0 'THEaor C&S&M'5N t s�q-c.t. coN�+eeT r-"M T116 i`MT ENO OF ,mz VAe - 0 AtLelr 'M 46 "AD R.trwr of, Li Ag oN'r1ft- ,em- of �7 A R091N koex'Alri d&LJbnls eL CC-Me5YSTtms "-a. COMP'NL�rN�S �1't-e;26GF �'1AY i5e c-beA-7bO (, t tw t0` of -1-H'4 EAS&Men7P. ANY a4e4 �Lc>iY6a o2 sccPt7d. Fha tc�716s i n �Utility Company Representative M PS &r. yt n JG O A? 'n+e o u.v&&Q s C XpEnit'E LS Ail 10 t kGsA`r pjLt f, -uftunei 2'�'OU4 Title l C(t h NT So>ai Planning Commission VAC 04-1105(Lutz) Page 1.6 UTILITY APPROVAL FORM MgY FCF�Ii F UTILITY EASEMENT VACATION p�N ZS O DATE: fp 13 1 o k/v UTILITY COMPANY: Arkansas Western Gas 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 El Street right-of-way I have been notified of the petition to vacate the following 10'water and gas easement,described as follows: General location/Address: Located at 1645 W.Sunrise Mountain Rd. Legal Description of Proposed Vacation(see attached for graphical representation): - AN EXISTING TEN (10) FOOT WIDE EASEMENT FOR THE PURPOSE OF UTILITY LOCATION, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBEDAS FOLOWS: A PART OF THE SOUTHWEST QUARTER (SW %) OF THE NORTHEAST QUARTER-(NE-%.) OF SECTION THIRTY TWO (32), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND A PART OF LOT EIGHT (8) IN BLOCK "B" OF SUNRISE MOUNTAIN SUBDIVISION, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE S03°54'52"E ALONG THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN,ROAD 5,01 FEET TO THE SOUTH LINE OF SAID EXISTING EASEMENT; THENCE EAST ALONG THE SOUTH LINE OF SAID EXISTING EASEMENT 143.99 FEET TO THE WEST LINE OF A PROPOSED FIFTEEN (15) FOOT WIDEUTILITYEASEMENT .THENCE N19020'25"W ALONG THE WEST LINE OF SAID PROPOSED EASEMENT 10.57 FEET TO A POINT ON THE NORTH LINE OF SAID EXISTING EASEMENT; THENCE LEAVING SAID PROPOSED EASEMENT WEST ALONG THE NORTH LINE OF SAID EXISTING EASEMENT 141.17 FEET TO THE EAST RIGHT OF WAY LINE OF SUNRISE MOUNTAIN ROAD; THENCE LEAVING THE.NORTH LINE OF SAID EXIS9`ING EASEMENT S03054'52"E 5.01 FEET TO THE POINT OF BEGINNING,WASHINGTON COUNTY,ARKANSAS. UTILITY COMPANY COMMENTS: 0 No objections to the vacation(s)described above. N No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions;and purpose below.) Alo ohect'iom-6 aeoyi21e Zhe DRo t9E0 ed5emey/? /S O�Co�i Cart I Signature of tility Company Representative i { June 14,2004 • balm taa'�! =�[�`-{ `� Planning Commission- Title VAC 04-1105(Lutz) Page 1.7 lit'! wm OVEN 'e2a�g o�� c4 Yui $;JJR a' q S 2 g .:Q� gash a gig a � € 3gJaIN a� �e p sa =Ps§ HgneaM4aoftc ss 3 as �� i5a€� a4 Q4 SE,&s g es ® a §g �$ p�- e F tRI8 15 ��sgg P €s YtS OM gam - HIM; fig gsa o-$ a q F 12 - $ e�; gcE 2; �. c§ M IN MUM IN WIN t 02EHIS ." "a^/>•L 3tRSTJiU11.. 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Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn Warrick, AICP, Zoning&Development Administrator THRU: Tim Conklin, AICP, Community, Planning& Engineering Services Director DATE: June 10, 2004 ADM 04-1120: Administrative Item(CLEM JOHNSON): Submitted by CLEM JOHNSON for property located at 1798 E HUNTSVILLE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.78 acres. The request is to allow a waiver of Commercial Design Standards to allow a chain link fence in front of the structure at the subject property. Planner: Dawn Warrick RECOMMENDATION: Staff recommends denial of this administrative request based on the findings included as part of this report. BACKGROUND: Property description: The subject property is located at the northwest corner of Huntsville Rd_ and Happy Hollow Rd. The property contains approximately 0.79 acres and is zoned C-2, Thoroughfare Commercial. A very specific Bill of Assurance was accepted by the City Council in 1998 at the time that this property was rezoned from C-1, Neighborhood Commercial. That guarantee(see attached) only permits this property to operate for the existing use(restoration and sales of used vehicles)or any use permitted in the C-1 zoning district. The action to change the zoning of this property was a 5-4-0 vote by a previous City Council which required a tie-breaker by the mayor. The original Bill of Assurance included a provision that all of the vehicles associated with this business(no more than 15) were to be located behind a 6' wooden fence. This Bill of Assurance was later amended to allow for a metal fence of the same height to screen the vehicles associated with this business. Approximately 18 months ago, the City did receive complaints regarding restoration activities and parked vehicles being located in front of the structure in violation of the bill of assurance. This violation was remedied by the applicant after notification by the City. Request: The applicant's request is to allow chain link fence in front of a commercial structure. The applicant is working with several agencies to obtain custody of his dog which is currently confined at the Fayetteville Animal Shelter pending an upcoming trial date(see attached letter from the applicant). The proposed fence location would enclose the entire front of the property June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.1 adjoining Huntsville Rd. from the structure to the street right-of-way to the western property line and back to the building(see attached site plan). This area contains roughly 5,400 s.f of the property. This request constitutes a waiver of the City's Commercial Design Standards (§166.14). Recommendation: Staff recommends denial of this request for a chain link fence. The City of Fayetteville sets a high standard for all commercial developments. It is important to the quality of development within the City that these standards are enforced equally. The subject property is located at a very visible and key intersection leading into Fayetteville. It is desirable to improve upon the appearance of commercial properties as changes are requested. Proper application of adopted commercial design standards will allow positive improvements that are consistent throughout the City. If this regulation is relaxed or waived to the degree proposed, the desirable result of having such regulations cannot be accomplished. The section of the ordinance which specifically addresses the types of fences permitted within commercial developments is clear(see attached). The intent is to permit appropriate fencing which is compatible with the development as well as the surrounding uses. This site was originally developed as a gas service station in the 1950's. The applicant states that he has gone to extensive measures to restore the character of this structure and site. In keeping with that theme, gas service stations are not typically fenced off from adjoining streets. Open access to the front of the structure is a part of the function of this type of site and to enclose the front of the site with fencing is not demonstrative of the historic use of this site nor the present commercial uses conducted at this location. The rear yard of this property is already enclosed with a metal screen wall. This was installed to screen vehicles and other activities of the restoration operation which is conducted on-site. The original bill of assurance offered to secure the current zoning of this property included a provision that all vehicles be located behind a wood board fence however, that bill of assurance was later amended to allow the metal wall/fence. While there are certainly issues related to the applicant's pet which have spurred this request, staff is charged with reviewing this waiver request against the City's ordinances which regulate commercial development. The result of having a chain link fence in front of a commercial structure in this location is undesirable and does not comport to the purposes stated in the City's adopted Commercial Design Standards ordinance. SURROUNDING LAND USE AND ZONING Direction Land Use Zoning North Single family residence RSF4,Residential Single Family 4 units/acre South Funeral home C-1,Neighborhood Commercial East Single family residence C-2,Thoroughfare Commercial West Accounting office R-O,Residential Office LAND USE PLAN: General Plan 2020 designates this site Community Commercial. June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.2 166.14 Commercial Design And Development Standards (A) Purposes. (1) To protect and enhance Fayetteville's appearance identity,and natural and economic vitality (2) To address environmentalconcerns which include,but are not limited to,soil erosion,vegetation preservation, and drainage. (3) To protect and preserve the scenic resources distributed throughout the city which have contributedrg eatly to its economic development by attracting tourists permanent part-time residents new industries and cultural facilities. (4) To preserve the quality of life and integrate the different zones and uses in a compatible manner (5) To address the issues of traffic,safety,and crime prevention. (6) To preserve property values of surrounding property. (7) To provide good civic design and arrangement. (B) .Applicability. The standards set forth herein shall apply in the following zoning districts,except as noted: (1) R-O,Residential Office; (2) C-1,Neighborhood Commercial; (3) C-2,Thoroughfare Commercial; (4) C-3,Central Commercial; (5) C-4,Downtown; (6) I-1,Heavy Commercial and Light Industrial; (7) I-2,General Industrial; (8) P-1,Institutional; (9) E-1,Extraction; (10)PZD,Planned Zoning District when commercial,office,institutional and industrial uses are planned. (11)Any other zoning district when commercial,office,institutional,and industrial uses are allowed as a conditional use. (C) Site development standards. The following site development standards shall apply when either new development or expansion of 25%of the existing building square footage occurs. (1) Landscaping. Landscaping is required as follows: (a) Landscaping generalprovisions. (i) Landscaping shall be provided which is sufficient to provide soil stability and suitable drainage. (ii) Trees,shrubs,groundcover and grass shall be the primary source of landscaping and shall be placed June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.3 and/or retained in such a manner as to reduce runoff. (iii)The current property owner shall properly maintain all landscaping and shall replace any landscaping that dies or is damaged. (iv) Native vegetation should be used when possible in order to minimize watering. (v) Landscaping should attempt to incorporate existing on-site trees and shrubbery. (vi) Providing outdoor spaces and places for people to gather is encouraged. (b) Landscaping along front property lines. (i) Landscaped area required. A 15 foot wide landscaped area shall be provided along the front property line exclusive of right-of-way. Entrance drives,exit drives,and sidewalks are allowed to cross the 15 foot landscaped area provided the integrity of the landscaped area is maintained. Residential uses and zoning district C-3 and C4 shall be exempt from this requirement. (ii) Trees. a. Trees shall be planted in the 15 foot landscaped area at a ratio of one tree per 30 feet of front property line and may be planted together in groups. No group may count more than 25%of the required number. b. Species selection shall be at the discretion of the developer. However, species which are listed in the City of Fayetteville Tree Preservation,Protection and Landscape Manual under the tree section guide are encouraged. c. Trees planted shall have a two inch caliper(diameter)measured six inches above ground level at the time of planting with at least 50%with an expected mature height of 60 feet or more. In cases of existing overhead power lines, trees shall be planted that will not interfere with existing power lines. �' at Matunty t" 1 (*!pecaC T ne of Planting. d. Each tree shall have a minimum of 100 square feet of permeable surface located under the potential canopy of the tree. Paving blocks,bricks,and iron and/or plastic grates,may be used over the tree root system to allow air and water into the root system. (2) Screeningfor commercial buildings and development. (a) Screening shall mean a view obscuring fence, view obscuring berm, view obscuring architectural treatment,or view obscuring vegetation,or combination of the four,of sufficient height to prevent the view of the screened items from vehicular and pedestrian traffic on adjacent streets, and from residential property. Vegetation shall be planted at a density sufficient to become view obscuring within t$a Wt*2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.4 from the date of planting. (b) Mechanical and utility equipment,trash enclosures, and outdoor storage of material and equipment shall be screened if visible from the highway/street right-of-way or from residential property as set forth below: (i) Mechanical and utility equipment. All mechanical and utility equipment located on the wall and/or on the ground shall be screened. All roof mounted utilities and mechanical equipment shall be screened by incorporating screening into the structure utilizing materials compatible with the supporting building.Mechanical and utility equipment over 30 inches in height shall meet building setbacks. (ii) Trash enclosures. Trash enclosures shall be screened with access not visible from the street. (3) Fences. The following types,height,and location of fences shall be prohibited: (a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if visible from the street right-of-way or a residence,unless and except barbed wire fences are used for agricultural purposes. (b) Chain link Chain link fence is nrohibited if closer to the street than the front of the building in zoning districts C-1.C-2,C-3.C-4,and R-O.Residential uses are exempt from this requirement (c) Height offences in front buildings Fences located in front of the primary structure may be solid up to 30 inches in height. Any part of a fence which exceeds 30 inches in height shall not obstruct the view of the primary structure from the right-of-way. (4) Site coverage. A maximum of 85% of the development site may be covered by the ground floor of any structure, parking lots, sidewalks, and private streets and drives or any other impermeable surface. Zoning districts C-3,C-4,and the Design Overlay District are exempt from this requirement. - (5) Driveways. Shared drives and cross access between properties shall be encouraged to developed and undeveloped properties,except in C-3 and C-4 zones. (D) Design elements guidelines for commercial structures. (1) The elements to avoid or minimize include: (a) Unpainted concrete precision block walls; (b) Square"boxlike" structures; (c) Metal siding which dominates the main facade; (d) Large blank,unarticulated wall surfaces; (e) Large out of scale signs with flashy colors. (2) Construction and appearance design standards for commercial structures. (a) A commercial structure or development shall be designed to avoid or minimize the elements set forth in(1)(a)—(d)above. (b) A commercial development which contains more than one buildingshould incorporate a recurring, unifying,and identifiable theme for the entire development site. (c) A development should provide compatibility and transition between adjoining developments. June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.5 Design Element Guidelines,Commercial Sign out of scale Large box with building structure ` 4 Metal siding- Large blank, unarticulated dominatingmain facade wall surface (E) Design review. (1) Submittals, The following drawings;information;and plans shall be submitted to the Planning Commission for design review and approval with large scale development applications,when applicable;or,submitted to the Planning Division for design review and approval with,or prior to,building permit applications for non-large scale development. (a) Elevations. Rendered elevation drawing of main facade at 1/16 inch to one(1)foot(minimum)scale showing adjoining context and a description of external building materials. (b) Landscaping. Proposed landscaping to be used as screening shall be shown on the tree preservation plan or site plan. (2) Build out. Upon approval of a large scale development, or issuance of a building permit, build-out of the project shall conform to the drawings,information,and plans approved. (a) Amendments. Amendments to the drawings,information,and plans shall be submitted to the planning division. Amendments which are determined to be insignificant or minor may be approved by the Planning Division. Significant amendment shall be approved by the Planning Commission when approval was given through the large scale development process,or by the planning division when approval was given through the building permit process. (b) Review. Amendments shall be considered using the same standards as the initial design approval. (c) Noncompliance. Failure to build-out the project according to the approved drawings,information,and plans,or approved amendments thereto,shall render the large scale development approval,or the building permit approval void. (F) Variances. (See Chapter 156.) (Code 1991,§160.124;Ord.No.4004,§1,10-15-96;Ord.No.4100,§2(a.A),6-16-98) Cross.reference(s)—Specific Districts§161.13 through§161.21; Appeals,Ch.155;Variances,Ch.156. June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.6 RECEIVED JUN 0 8 2004 June 6,2004 PLANNING DIV. City of Fayetteville Planning Division 113 W. Mountain Street Fayetteville, AR 72701 Dear Committee Members: My wife and I live and work in a vintage 1950's Sinclair Gas station. We are three plus years into restoring and improving the property located at the comer of Happy Hollow and Huntsville Road. I am writing to request a variance in the fencing ordinance regarding commercially zoned property. It is our hope that you will consider the information contained in this letter and allow the construction of a 6' chain link fence along partial frontage of Huntsville Road. During an early stage of our restoration project, we experienced several incidents of theft and vandalism. Some of the thefts were of items of considerable value. We moved in before planned with our German Shepard dog,Mike. The theft and vandalism stopped. Unfortunately, since that time,there have been two incidents with Mike involving a citizen and a Fayetteville Police Officer. On these occasions,he either grabbed or startled the person(s)involved As a result,the dog is currently confined at the Fayetteville Animal Shelter a trial date set for July 14,2004. However, a settlement agreement is in the works. Part of the agreement includes the construction of additional fencing protecting the property from public entrance. It should be noted that the city offices of the Prosecutor,the Director of Animal Services and we agree the fence is key to finalizing this agreement. It is our belief that chain link is the best solution for a variety of reasons. First and foremost, the smaller openings in the chain link material will provide the best protection of public passer bys. We do not feel that stock iron or vinyl fencing options would provide this level of protection. In addition,the fencing would provide secure protection for our valuable,classic cars and commercial business projects. Second, chain link fencing is"period correct'for the age of our gas station. It would also allow visibility of a structure and grounds we are thoughtfully restoring and improving. Third, alternative types of fencing include custom iron or solid masonry. These options are cost prohibitive. Materials and labor would roughly be 2 to 4 times that of chain link. In addition, these alternatives could require a longer construction period Our interest is in finalizing the agreement and expediting the release of Mike, our dog,before any deterioration of his mental state can occur. June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.7 In closing, we would respectfully ask that the committee make a decision during the meeting to allow this requested fence variance. Our site plan and a petition from our residential and business neighbors are attached. Thank you if youf-conside tion, Clem Johnson 1798 East Hunt a Road Fayetteville, AR 72701 June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.8 PETITION I am a residential or business neighbor having property,facing or adjoining the property at 1798 East Huntsville Road (the corner of Happy Hollow and Huntsville Road). It is my understanding that the property owners,Clem and Kim Johnson,wish to petition the Fayetteville Planning Division Committee for a variance to allow a 6'chain linkfence along part of the frontage of Huntsville Road and bisecting the property tojoin other fence structure and building structure. The primary consideration is protection of public passer bys. Further consideration is to expedite a settlement in a dog related issue with the Fayetteville City Prosecutor's office. I would have no objection to this 6'chain linkfencc. PROPERTY OWNER/BUSINESS OWNER: printed name: L04 T- 6 f e-n1 d 4 <k2, Ip 3o n� signature: r � date: /o - 7 - address: -address: v kd LL 0cc7 comments: L N)LT-HIedC- -I0ti/v5o s n(0 A .s r-e- uJ I LC A)6)T b �a C(e:-r ro9Ine NTH L 10 140C, ( , Document drafted by Kim Johnson. Signature of property or business owner witnessed by: -- 9 date: b June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.9 PETITION I am a residential or business neighbor having property,facing or adjoining the property at 1798 East Huntsville Road (the corner of Happy Hollow and Huntsville Road). It is my understanding that the property owners,Clem and Kim Johnson,wish to petition the Fayetteville Planning Division Committee for a variance to allow a 6'chain linkfence along part of the frontage of Huntsville Road and bisecting the property tojoin otherfence structure and building structure. The primary consideration is protection of public passer bys. Further consideration is to expedite a settlement in a dog related issue with the Fayetteville City Prosecutor's office. I would have no objection to this 6'chain link fence. PROPERTY OWNER/BUSINESS OWNER : printed name: ✓117 ,6CZ signature: date: Z21D address: J�P7 Q SID `7 a 201 comments: Document raft by Kim Johnson. Signature of property or business owner witnessed by: i date: Le J' une14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.10 PETITION I am a residential or business neighbor having property,facing or adjoining the property at 1798 East Huntsville Road (the corner of Happy Hollow and Huntsville Road). It is my understanding that the property owners,Clem and Kim Johnson,wish to petition the Fayetteville Planning Division Committee for a variance to allow a 6'chain linkfence along part of the frontage of Huntsville Road and bisecting the property tojoin other fence structure and building structure. The primary consideration is protection of public passer bys. Further consideration is to expedite a settlement in a dog related issue with the Fayetteville City Prosecutor's office. I would have no objection to this 6'chain link fence. PROPERTY OWNER/BUSINESS OWNER: E[5 i P(( printed name: ounit? signature: date: (e/Vo addres � �� (n PVg f-iM 1�[A) ad comments: Document,qraftey Kim Johnson. Signature of property or business owner witnessed by: date: June 14,2004 Planning Commission ADM 04-1120(Clem Johnson) Page 2.11 3RI < l:97ptS1CN�4l: a ,2*a. czo 's u . 18�S�i-*P SOY2'a aVo1 w" � i 0i10, , i � ��t PT NW 1 v4;N[�;j 11} J ' 0.78$ ACRES r= of z AM 159A. XP P � k 1 - k/jgB�Ap OR{NE1 x t 1 Gv a �t er _Mr>� kg4.1 . i r �� 2.2 raj r t 1 kns g, AN', I CCM t 2 4ti *9IRih° W. 01 s>c f ...I ` u aWjtE e lF y U MIA .•��., , ' yi' PSS U -. �m I '. � � +..)S 3„��'j:}'�`'�'�fr>•G t .Jas_ 3P£ T x 1 4�O�3IlI�L� 06ARTER, RWAJ Ok' x + #.ORZ'1 $T Q13eliS' EIS 1 a s3 + ITY:- THRZX,` (�3) ,. 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