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Home My WebLink About2009-10-26 - Agendas - FinalWttev?lle 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, October 26, 2009, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE 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. 2009 Planning Commissioners Sean Trumbo Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Jeremy Kennedy Jim Zant Craig Honcbell �ievue ave ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA 113 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION MONDAY, OCTOBER 26, 2009, 5:30 p.m. Room 219, City Administration Building Call to Order Roll Call The following items will be considered: Consent: 1. Approval of the minutes from the Monday, October 12, 2009. 2. CCP 09-3441: (BOX ROAD S/D - BOX @ MISSION, 372): Submitted by H2 ENGINEERING, INC. for property located at 2013, 2025, and 2049 BOX AVENUE. The property is zoned RMF -6, RESIDENTIAL MULTI -FAMILY 6 UNITS PER ACRE and contains approximately 1.05 acres. The request is for concurrent plat approval to create four single-family attached lots. Planner: Dara Sanders 3. VAC 09-3444: (UTE WILSON / 2021 N. BALL AVE, 371): Submitted by BUZZ SAWYER SAWYER'S OUTDOOR SOLUTIONS for property located at 2021 BALL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Dara Sanders Unfinished Business: 4. CUP 09-3433: (BRAND NEW CHURCH, 177): Submitted by DAWN MOLER for property located at 2826 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.84 acres. The request is for a church, Use Unit 4, Cultural and Recreational Facilities, in the C-1, Neighborhood Commercial Zoning District. Planner: Dara Sanders THE APPLICANT HAS WITHDRAWN THIS ITEM 5. CUP 09-3389: (M. CHAMBERS/BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for Use Unit 43, Animal Boarding and Training, in the C-2, Thoroughfare Commercial, Zoning District. Planner:Andrew Garner 6. LSD 09-3388: (M. CHAMBERS / BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for a 6,250 s.f. dog day care facility with outdoor dog play areas and other associated services. Planner: Andrew Garner New Business: 7. ADM 09-3449: (DEVELOPMENT REVIEW UDC AMENDMENTS): Submitted by City Planning Staff. The request is to amend several chapters of the Unified Development Code (UDC) to clarify the City's review process and required public infrastructure improvements for development. These UDC changes would also establish the approval, appeal, and public review process for development that may be approved administratively. Planner: Andrew Garner 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, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. tteville y AHKANAS TILE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of October 26, 2009 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: October 21, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone. (479) 575-8267 CCP 09-3441: Concurrent Plat (BOX ROAD S/D BOX @ MISSION, 372): Submitted by H2 ENGINEERING, INC. for property located at 2013, 2025, and 2049 BOX AVENUE. The property is zoned RMF -6, RESIDENTIAL MULTI -FAMILY 6 UNITS PER ACRE and contains approximately 1.05 acres. The request is for concurrent plat approval to create four single- family attached lots. Findings: Planner: Dara Sanders Property Description: The subject property is located at 2013, 20253 2037, ,and 2049 Box Avenue, approximately 400 feet east of the intersection of Mission Boulevard/Crossover Road. The properties contain two two-family dwellings zoned RMF -6. Surrounding zoning and land use is depicted on Table 1. Table 1 Surrounding Land Use and Zonin Direction Land Use Zoning North Undeveloped RSF-4, Residential Single-family R -O, Residential Office South Undeveloped East Single-family structure RSF-4, Residential Single-family West Commercial C-1, Neighborhood Commercial Request: The applicant requests concurrent plat approval to subdivide the two existing duplexes into four single-family attached lots. The concurrent plat does not materially alter density, number of dwelling units, greenspace, etc.; rather, it simply would permit the individual dwellings to be sold as separate units on separate lots. Water and Sewer System: All utility lines, including water and sewer mains have been installed to serve the development. Adjacent Master Street Plan Streets: Box Avenue (Local Street) Tree Preservation: No changes to the existing canopy are proposed. Public Comment: No public comment has been received. K: IReports120091PC Reports123-October 26ICCP 09-3441 (Box Road Subdivision).doc October 26, 2009 Planning Commission CCP 09-3441 Box Road SD Agenda Item 2 Page 1 of 6 Recommendation: Staff recommends approval of CCP 09-3441 with the following conditions of approval: Conditions of Approval: 1. Parks Fees. This concurrent plat changes the existing residential units from multi -family to single family for the purposes of calculating parks fees. This requires an additional payment of $1,120.00, since single-family units are assessed $960.00 compared to $680.00 for multi- family, a difference of $280.00 per unit. ($280.00)(4 units) = $1,120.00) The following outstanding items shall be completed prior to staff signing the final plat: a. Revise the plat to list the officer of Mad Sky Rentals, LLC that will be signing this concurrent plat. b. Submit one copy (digital or hardcopy) of the concurrent plat to the Planning Division for final review prior to obtaining signatures. Standard Condition of Approval: 3. Concurrent Plat approval shall be valid for one calendar year. Planning Commission Action: Motion: Second: Vote: Meeting Date: October 26, 2009 ❑ Denied 0 Approved 0 Tabled K.9Reports120091PC Reports123-October 261CCP 09-3441 (Box Road Subdivision).doc October 26, 2009 Planning Commission CCP 09-3441 Box Road SD Agenda Item 2 Page 2 of 6 CH2 ENGINEERING, INC. September 17, 2009 City of Fayetteville Attn: Planning Staff 113 West Mountain St. Fayetteville, Alt 72701 RE: CONCURRENT PLAT APPLICATION BOX RD RESIDENTIAL — LOTS 2 & 3 To Whom It May Concern: Please accept this letter and application as our official request for approval of a Concurrent Plat to create four townhouse units on property owned by Mad Sky Rentals along Box Rd in Fayetteville. The concurrent plat is intended to split Lots 2 & 3 of the Box Road Residential Lot Split recorded as File #2007-40820 in the Circuit Clerk's office of Washington County, Arkansas. The subject property has recently been zoned RMF -6 with a Bill of Assurance to limit density and uses to reflect the existing conditions. This concurrent plat is intended to split the Lots along the common wall of each duplex in order to develop an individual lot for each residential unit. Respectfully, � Kipp Hearne), P.E. President H2 Engineering, Inc. October 26, 2009 Planning Commission CCP 09-3441 Box Road SD Agenda Item 2 Page 3 of 6 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 444-3472 TO: Dara Sanders, Planner FROM: Carole Jones, Park Planner DATE: September 28, 2009 SUBJECT: Parks & Recreation Technical Plat Review Comments *******************, Mflx,tc***************************'s C2SC . * ** Meeting Date: September 30, 2009 Item: CCP 09-3441 (Box Road S/D, 372) Park District: NE Zoned: RSF-4 Billing Name & Address: S & M, LLC P.O. Box 6485 Springdale, AR 72766-6485 * Current Land Dedication Requirement Money in Lieu Single Family @ 0.024 acre per unit = acres 4 @ $960 per unit = $3 840* Multi Family @ 0.017 acre per unit = acres @ $680 per unit = $ Lot Split Fee $960 per single family unit = $ $680 per multi -family unit = $ COMMENTS: • PRAB voted to accept money in lieu of land for the park land dedication requirements of this development on September 10, 2007 due to its proximity to Braden, Rocky Branch and Gulley Parks. (The project was originally called Midtown Cottages.) • Fees were assessed and paid in the amount of $2,720 for four multi -family homes on November 8, 2007. The applicant is now requesting to create individual lots for the previously approved four dwelling units. This results in a change from multi -family to single-family which results in additional park land dedication fees of $1,120 using the park land dedication fee structure from 2007. • Fees are due before signing of final plat. *4 SF units x $960 per unit = $3,840 minus $2,720 (previously paid) = $1,120 C:\DOCUME-I\DASAND--I \LOCALS -1 \Temp\XPgrpwise\CCP 09-3441.DOC October 26, 2009 Planning Commission CCP 09-3441 Box Road SD Agenda Item 2 Page 4 of 6 arming ommission CCP 09-3441 Box Road SD Agenda Item 2 Page 5 of 6 Overview Legend Subject Property CCP09-3441 Boundary 0 0.25 0.5 i I esOctober 26, 2009 Planning Commission CCP 09-3441 Box Road SD Agenda Item 2 Page 6 of 6 aye, evile PC Meeting of October 26, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: October 19, 2009 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 09-3444: (UTE WILSON / 2021 N. BALL AVE, 371): Submitted by BUZZ SAWYER SAWYERS OUTDOOR SOLUTIONS for property located at 2021 BALL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Dara Sanders Findings: Property Description: The subject property is located at 2021 North Ball Avenue, at the northwest corner of Kantz Lane and Ball Avenue. There is a duplex located on the property, constructed in 1993. The duplex was approved as part of the Royal Oaks Estates Planned Unit Development (PUD). SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Multi -family residence RSF-4, Residential Single-family South Single family residence RSF-4, Residential Single-family East Multi -family residence RSF-4, Residential Single-family West Two-family residence RSF-4, Residential Single-family Request: The applicant's request is to vacate a portion (124 square feet) of a utility easement to allow for the addition of a sunroom to the existing structure. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections K:\Reports\2009\PC Reports\23-October 26\VAC 09-3444 (Ute Wilson).doc October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 1 of 16 Arkansas Western Gas Southwestern Bell Telephone CITY OF FAYETTEVILLE: Water/Sewer Transportation No Objections No Objections RESPONSE No Objections No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Finding that adequate easement for service will exist to serve existing utilities and provide for new utilities, staff recommends forwarding VAC 09- 3444 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Any relocation of existing utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied 9 Tabled Date: October 26, 2009 Motion: Second: Vote: K:\Reports\2009\PC Reports\23-October 26\VAC 09-3444 (Ute Wilson).doc October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 2 of 16 2007 11:31 FAX 4795821987 JENSEN & ASSOC 42 999.30•511-E 94.3? 0-13--r43 o CI-- ' — �ur� j Alt .r4 LEXIST� PROPOSED 41017 W000 FENCE—.4 25' BLDG. CK 25' OLEO. —v`v SETBACK o17119 74.09' 50' 'AV %ART2 LANE 52 1 53 LEGAL DESCRIPTION: LP ix. SIDEWALK Lor 63 1N TOTAL OAKS ESTATES A MERIT OF KANTZ PLACE TRACTS I THIN 6 W FAYE-77E171LE ASUNSAA AS PER P&Ar OF SA10 REFLA, Nome, R7 THE OFFICE OF THE CIRCUIT EWE AND Ex-OPmc70 RECORDER OF WASHINGTON MITE FIREARMS. DESCRIPTION OF VARIANCE REQUEST: COMMONS NS Ar THE SW CORNER OF SAID LOT 6S THDICE NOZ"JI'5ZE M-61 rm 7NDWE EAST 7.7.75 FEST 70 ME P.Q.B.. T03'ICE ALONG TIFafloat UNE N00 29'02E Z4.73 FEET. inEWCE SB9030'08'E 5.00 at TIIDICE SOWT9'02'W 24.73 FEET. 70112N89rEB'W 5.00 FEET in TIE P.D.B.: CONrAINW81Z4 =am Far now an L. S E II1.9cc ENo • FOUND IRON PIN • SET IRON PIN CENTERLINE STREET 20' UTILITY SASENENT 25' BUILDING SETBACK EXISTING WOOD PENCE —a—o—O—a- 3 2 TNR IS TD CERTIFY num TRE MOVE MEET WAS FESFOW(W EIRE mr SLF15ATION AND AIL C0RE66 WERE SET as SHOWN W/ TAE MT AAD TO INE FEST OF NT AKOWLEDIE ARE GOpIECE. DAVID L. JaSCa6'N1. ARES 118 DATE T,,,r,,,rrl ytimE "E:0 ; =.D 1 »0..18 t.0: 'O 4L.I dart ^' JORGENSEN & ASSOCIATES CIV[L ENGINEERS • SURVEYORS WEST SVNw w70E.sor n S • FAYETIEVBLE ARKANSAS 72703 • (09/443.9117 • FCC (4791.113.4407 SCALE: t•40' DATE: 17JULY08 DATE REVISED CHECKED BY: OLJ DRAWN BY: BJR J.• I LOT S 12MN7B 1 S4W YER 5 LOT SURVEY FOR SAWYERS OUTDOOR SOLUTIONS 39Z6 -389-6L17 October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 uognios aoop;np sa2AMeS page3'oiiPdJl 60 90 des June 27, 2008 . Royal Oaks Homeowner's Association Board of Directors To Whom It May Concern: This letter is to acknowledge that the board oldie Royal Oaks Homeowner's Association has no objections, and hereby grants permissions to Bromo and Ute Wilson, located at 2021 North Ball Avenue in Royal Oaks subdivision, build a sunroom on the front of their home. In the event any questions should arise, please feel free :to contact Annie Langston, President or Kellie Whitehead, Treasurer, Royal Oaks Homeowner's Association. Thank you, October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 4 of 16 PETITION TO VACATE AN EASEMENT LOCATED 114 LOT 43 OF THE ROYAL OAKS SUBDIVISION, A RE -PLAT OF KANTZ PLACE, TRACTS 1-6 IN 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 easement, right-of-way hereinafter sought to be abandoned and vacated, lying in lot 43 in the Royal Oaks Estates A Re -plat of Kantz Place Tracts 1 thru 6, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement utility right-of-way. The portion of this utility easement and right of way we are requesting be vacated is described as follows: COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52" E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E.5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.; CONTAINING 1 24 SQUARE FEET MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are Lot 43, of the Royal Oaks Estates a Re -Plat of Kantz Place Tracts 1 thru 6, 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, right-of-way. 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 S day of �QC• ,2008. Ute Wilson October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 5 of 16 December 5, 2008 Ute Wilson, Home Owner & Applicant 2021 North Ball Avenue Fayetteville, Arkansas 72703 RE: Petition to Vacate a Portion of an existing Utility Easement / Right - Of -Way on the above-mentioned properly Project Description: The applicant (Ute Wilson) proposes that a portion of the utility easement / right-of-way be vacated at 2021 N Ball Ave., Lot 43, Royal Oaks Estates, a Re -Plat of Kantz Place, Tracts 1-6. This property is located at 2021 N Ball Avenue, at the northwest corner of Kantz Lane and Ball Avenue. This request is being made to allow construction of a sunroom to the existing duplex, built in 1993. The total amount we are proposing to be vacated is 124 square feet, more or less. Proposed Use: Single Family Residential Zoning: RSF-4, Residential Single Family 4 units per acre Size- .33 acre Density/Intensity: 1 residential unit will have a sunroom attached where existing front porch is located, extending an additional 5 feet, more or less. Public Hearings: December 18, 2008 113 West Mountain Street (City Administration Building Room 326) Fayetteville, AR 72701 Property Owner: Ute Wilson (& the late William Bromo Wilson) Home: 479.521.1342, Cell: 479.283.8861 Contractor: Sawyer's Outdoor Solutions, 479.582.4786 Review Location: The project information is available for public review at the City of Fayetteville Planning Division, 125 West Mountain Street, Fayetteville, AR 72701 Monday -Friday 8AM-5PM; 479.575.8267. October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 6 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: December 5, 2008 Utility Company: f\ r P f Applicant: Ute Wilson — homeowner. & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479.582.4786 REQUESTED VACATION (applicant must check all that apply: u Utility Easement o_ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. u Alley • Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows (2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52- E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.0 8_ THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET. THENCE 5 89 DEGREES 30' 58- E 5.00 FEET. THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.: CONTAINING 124 SQUARE FEET MORE OR LESS UTILITY COMPANY COMMENTS: O No objections to the vacation(s) described above. u No objections to the vacation(s) described above, provided following described easements arc retained. (State the location, dimensions. and purpose below.) Z'd ZNo objections provided the following conditions are met: RiaidgaViet0. ; Q o.c IbAM466. to Al"' L' $tST IN -1 FACIE\T+<-S wtt.L -e,& CD "rl-+F 1,0 cit IZXPC?'J—S , A2Cf To _515e7 vp.CPREO '[5 5 ilrr.srti LIN PLAT 135 PeoPt3SCO 3i12_17 -1-o s.� >:, C1-Ati,,1;t, QsP DCSt&t.l Ct5&?1\Jt 7Z iftaturc, Utility. Company, Representative Title Z9Z6-Z9S-6L4 October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson uoilnlog noP3r0 sJeAmes AgendadIvS0 60 60 dos Page 7 of 16 12-23-08;06:56AM; UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS ;.4796844617 Date: December 5, 2008 Utility Company: Ozarks Electric Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell: Sawyer's nhone: 479.582,4786 REQYf ESTED VACATION (applicant must check all that apply): St Utility Easement a Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. a Alley a Street right-of-way O I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52" E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O,B., THENCE ALONG THE SETBACK UNE N 00 DEGREES 29' 02" E 24.73 FEET. THENCE S 89 DEGREES 30' 58" E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET. THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.: CONTAINING 124 SQUARE FEET MORE OR LESS. UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. o No objections to the vacation(s) described above, provided following described easements are retained. (State tho location, dimensions, and purpose below.) V No objections provided the following conditions are met: 2 haw e. Na Ob,ecA-orJ p1'tvictcd aeuu- fi 'P/SWEPCD Al Proves Easernoa►f- varad'r . $02./ N, Ba Age. /5 /N ftE/SwePrp %ervrre areal 4-e 4 St-ccif'Nov7'eds Signatl�fefAtility Company Representative Title # -2 / 2 October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 8 of 16 1- 5-09; 3:5OPM;AWG Dispatch Fay, AR UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS ;4795828258 # 2/ 2 Date: December 5, 2008 Utility Company: Arkansas Western Gas Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283,8861, cell: Sawyer's phone: 479.582.4786 REQUE LED VACATION (applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52" E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS. UTILITYPANY COMMENTS: 0 objections to the vacation(s) described above. U 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, Uti ity Co +pany Representative October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: December 5, 2008 Utility Company: CO/ CV (YltA.YIiCa: (JY\5 Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479.582.4786 REQUESTED VACATION (applicant must check all that apply): u Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52- E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58- E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS. UTILITJ' COMPANY COMMENTS: r 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: ral Ik,PPS ture, Utility Company Representative Title October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 10 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: December 5, 2008 Utility Company: AEP/SWEPCO Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479.582.4786 REQUESTED VACATION (applicant must check all that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. -- ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31' 52" E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.; CONTAINING 1 24 SQUARE FEET MORE OR LESS. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: cum, vJ RfGM7-or-\diy AceN7 Signature, Utrility Company Representative Title October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: December 5, 2008 Utility Company: City of Fayetteville Solid Waste (sanitation dept.) Applicant Ute Wilson— homeowner & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479.582.4786 REQUESTED VACATION (applicant must check all that apply): u Utility Easement It( Right-of-way for alley or streets and all utility easements Located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31'- 52" E 33.61 FEET, THENCE EAST 73.73 FEET TO THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E 5.00 FEET, THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89- DEGREES 30' 58" W 5.00 FEET TO THE P.O.B.; CONTAINING 124 SQUARE FEET MORE OR LESS. UTILITY COMPANY COMMENTS: X 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 l i n Q Signature, Utility mA s,panyRepresentative Title�� October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page -12.of 16 12/30/2008 TUE 9:54 FAX 479 684 4730 WATER & SEWER UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Date: December 5 2008 Utility Company: City of Fayetteville Water & Sewer Department Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell; Sawyer's phone: 479.582.4786 REQUESTED VACATION (applicant Hurst check all that apply): o Utility Easement o Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. o Alley • o Street right-of-way ❑ I have been notified of the petition to vacate the following (alley, easement, right -of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas) • Commencing at the SW Corner of said Lot 43 Thence N 02 degrees 31' 52" E 33.61 Feet. Thence East 73.73 Feet to. the P.O.B.. Thence along the setback line N00 degrees 29' 02" E 24.73 Feet, Thence S 89 degrees 30' 58" E 5.00 Feet. Thence S 00 degrees 29' 02" W 24.73 Fcet, Thence N 89 degrees 30' 58" W 5.00 Feet to the P.O.B.; Containing 124 Square Feet More or Less. UTILITY COMPANY COMMENTS: Xt, No objections, to the vacation(s) described above. Cl No objections to the vacation(s) described above. provided following described easements are retained. (State the location, dimensions. and purpose below.) tSSNo.1 £ r 3r1.... >7toposs.. nt=.& -)01. hr. Sect c s ;Actta'G-2. or Sut-vtd�/ Puv,cut141-a. * :1 SS0C. vp. Z-0-0$ No objections provided the following conditions are met: Oy's Signature. Utility ompany Representative Title October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 13 of 16 09/11/2009 09:22 FAX 4794443490 COF TRANSPORTATION DIVIS UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS is'IJ002 Date: December 5, 2008 Utility Company: CI -Ft.{ o f Ea3e-`*cvu I It- Trans pDrta-{-IUt/\ Applicant: Ute Wilson — homeowner, & Sawyer's Outdoor Solutions - contractor Applicant Phone: 479.283.8861, cell: Sawyer's phone: 479.582.4786 REQUESTED VACATION (applicant must check all that apply): ❑ Utility Easement o Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of- way), described as follows: {2021 N. Ball Street, Fayetteville, Arkansas} COMMENCING AT THE SW CORNER OF SAID LOT 43 THENCE N 02 DEGREES 31 ' 52" E 33.61 FEET, THENCE EAST 73.73 FEET to THE P.O.B., THENCE ALONG THE SETBACK LINE N 00 DEGREES 29' 02" E 24.73 FEET, THENCE S 89 DEGREES 30' 58" E 5.00 FEE", THENCE S 00 DEGREES 29' 02" W 24.73 FEET, THENCE N 89 DEGREES 30' 55" W 5.00 FEET To THE P.O.B.: CONTA/NINQ 124 SouARE FEET MORE OR LESS. UTILI iCCOMPANY COMMENTS: No objections to the vacation(s) described above. 6 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: of j-/Idewevrwt-As§r•TJatsYec4r oar fri(,,t ity Company Representative Title Z'd Z9Z6-09-6Lb uofntoS mom() sJeAMeg October 26, 2009 Planning pC,�o,mmission�Q�. VALebtf SL 6OTA. Agenda Item 3 Page 14 of 16 VAC09-3444 UTE WILSON/2021 N. BALL AVE. Close Up View SUBJECT PROPERTY Overview 0 10 20 40 60 80 Feet October 26, 2009 manning L,ommission VAC 09-3444 UTE Wilson Agenda Item 3 Page 15 of 16 One Mile View UTE WILSON/2021 BALL AVE. Overview Legend Subject Property VAC09-3444-OM Boundary 0 0.25 0.5 1m iles October 26, 2009 Planning Commission VAC 09-3444 UTE Wilson Agenda Item 3 Page 16 of 16 etLeville A RICAN 5A5 PC Meeting of October 26, 2009 PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: October 20, 2009 CUP 09-3389: (M. CHAMBERS / BARKING BED & BREAKFAST, 558): Submitted by STEVE CLARK for property located at 2650 OLD FARMINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.94 acres. The request is for Use Unit 43, Animal Boarding and Training, in the C-2, Thoroughfare Commercial, Zoning District. Planner: Andrew Garner BACKGROUND: October 12, 2009 Planning Commission: This item was tabled by the Planning Commission in order for the applicant to provide more information regarding technical noise impacts from dogs barking associated with this development, would dog barking be audible at the property lines the effectiveness of noise buffers/fences/vegetation to reduce the noise from the outdoor dog yards, and insulation/sound-proofing in the building to reduce dog barking noise outside the building: The Planning Commission also requested to see a floor plan or schematic of the building showing the indoor dog play areas, etc. Applicant Revisions: In response to the Planning Commission's request, the applicant has submitted schematic floor plans and interior photos, conducted a literature review and performed noise measurements and summarized the findings in a letter report to the Planning Commission. As a result of the study, the one proposed change by the applicant is to move the fence for the outdoor play area 80 feet from the west property line. Staff's findings and recommendations have not changed as a result of the new information presented by the applicant. This study has been attached to this report. Property: The subject property contains 1.94 acres and is located in the I-540 Design Overlay District (DOD) west of I-540 and Shiloh Drive on the north side of Old Farmington Road. The site is developed with an old farmhouse and associated accessory structures and barns. The site has several trees scattered throughout the site and along the perimeter property lines. Surrounding land use and zoning is depicted on Table 1. K: IReports120091PC Reports123-October 261CUP 09-3389 (Barking Bed and Breakfast).doc October 26, 2009 Planning Commission CUP 09-3389 Barking Bed/Breakfast Agenda Item 5 Page 1 of 38 Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North and East Value Place Hotel C-2 South Office; Duplexes on Greenpoint Trace R -O; RMF -24 West Undeveloped wooded hillside RSF-2 Proposal: The applicant is requesting a conditional use permit to allow Use Unit 43 (Animal Boarding and Training) to allow for the construction of a 6,250 sq. ft. animal care facility including dog boarding, dog day care, pet grooming, pet portraits, animal behavior, and a small pet gift shop area. The applicant is also proposing to subdivide this property and develop the animal care facility on the western approximately one -acre parcel. The development would accommodate a total of 80 dogs, three indoor play areas, large outdoor play areas, and 11 parking spaces. The hours of operation for the public retail and animal drop-off and pick-up would be Monday — Friday 7 AM — 6 PM; Saturday 10 AM — 4 PM; and Sunday 12 PM — 4 PM. The hours for animal play in the outside yard will be between the hours of 10 AM — 6PM. Public Comment: Staff has received public comment from a several neighbors, property owners, and business owners in the vicinity objecting to this use discussing land use compatibility and adverse noise impacts to the surrounding commercial and residential uses. These comments have been attached to this report. RECOMMENDED MOTION: Staff recommends approval of the requested conditional use for a full-service animal boarding and care facility (Use Unit 43) as proposed on the subject property with the following conditions: 1. Planning Commission determination of compatibility of the proposed animal boarding and care facility. Staff finds that the proposed use is compatible with the following conditions of approval: a. Staff has concern that if a substantial visual and noise buffer is not in place, this proposed use, and in particular the outdoor play areas for dogs, could result in a major noise and visual nuisance for surrounding properties. In accordance with City ordinance, non-residential uses are required to be screened from residentially -zoned property, with the screening/buffer on the property that is being developed. In addition, with the recent adoption of Use Unit 43 Animal Boarding and Training, the code clearly states that this use may result in noise and aesthetic impacts without adequate buffers in place. The proposed property is adjacent to residentially -zoned property to the west. In accordance with code the western property line is required to be screened. A tree preservation area has been designated along a portion of the northern property line associated with the Value Place Hotel. This tree preservation area contains a stand of cedar trees. To address compatibility issues staff recommends that: K:IReports120091PC Reportsl23-October 261CUP 09-3389 (Barking Bed and Breakfast).doc October 26, 2009 Planning Commission CUP 09-3389 Barking Bed/Breakfast Agenda Item 5 Page 2 of 38 • The entire outdoor dog play area be surrounded by a six-foot high wood board privacy fence and a dense planting of evergreen trees/tall evergreen shrubs adjacent to the outside of the fence, with the exception of the northern property line, where vegetative plantings are not recommended due to the adjacent tree preservation area. The fence along the eastern property line shall be moved approximately 12 feet off of the property line to allow adequate space for vegetative plantings. The wood board privacy fence is not required between the building/parking lot and the western property line; however, a dense planting of vegetation is required in this area to continue a buffer between the non-residential and residential uses. (See the attached diagram with the staff recommended buffer/screening.) • To ensure that the vegetated buffer grows into an effective screen the vegetation shall be installed with an irrigation system, or the developer shall deposit a 3 -year maintenance bond for the vegetated buffer prior to issuance of a certificate of occupancy. b. To further address potential noise nuisance issues from barking dogs from this business, if more than three dog barking complaints to the Fayetteville Police Department have been verified by the Planning Division within one calendar year, this conditional use permit may be returned to the Planning Commission for further review, to include additional conditions or revocation of the permit. 2. The hours of operation for the public retail and animal drop-off and pick-up will be Monday — Friday 7 AM — 6 PM, Saturday 10 AM — 4 PM, and Sunday 12 PM — 4 PM. The hours for animal play in the outside yard will be between the hours of 10 AM — 6PM, every day. 3. Solid waste service: a. In order to ensure that odors from animal waste of 80 dogs per daydoes not pose an odor problem to surrounding properties or result in environmental pollution, animal waste shall be disposed of in a commercial dumpsters in accordance with City Solid Waste requirements. Animal waste is not permitted to be composted or stored on site. b. Trash service shall be coordinated with the Solid Waste Department with the location and dimension of the dumpster enclosure approved prior to issuance of a building permit. A commercial dumpster shall be screened from the right-of-way and adjacent properties with a screen constructed of materials that are complimentary and compatible with the principal structure. Elevations of the proposed dumpster enclosure should be submitted for review prior to building permit. 4. Signage shall be permitted in accordance with the C-2, Thoroughfare Commercial zoning district. 5. A Certificate of Zoning Compliance shall be required prior to the start of operations K:IReports120091PC Reportsl23-October 261CUP 09-3389 (Barking Bed and Breakfast).doc October 26, 2009 Planning Commission CUP 09-3389 Barking Bed/Breakfast Agenda Item 5 Page 3 of 38 of the business. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote: Meeting Date: October 26, 2009 Comments: The CONDITIONS OF APPROVAL listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: Future Land Use Plan/City Plan 2025 Designation: City Neighborhood Area. A dense and primarily residential urban fabric. Mixed and low -intensity nonresidential uses are usually confined to corner locations. These areas have a wide range of residential building types. Guiding Policy A for City Neighborhood Areas states: Protect adjoining properties from the potential adverse impacts associated with non-residential uses adjacent to and within residential areas with property mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values. Sec 163.02. AUTHORITY; CONDITIONS; PROCEDURES B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter; or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: 1. A written application for a conditional use is submitted indicating the K: IReports120091PC Reports123-October 261CUP 09-3389 (Barking Bed and Breakfast).doc October 26, 2009 Planning Commission CUP 09-3389 Barking Bed/Breakfast Agenda Item 5 Page 4 of 38