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Home My WebLink About2010-07-26 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting July 26, 2010 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on July 26, 2010 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations, Reports and Discussion Items: 1. Block Avenue Improvements: Overview and Tour (Leif Olson) Consent: 1. Approval of the minutes from the Monday, July 12, 2010 meeting. 2. VAC 10-3617: Vacation (TIMMERMANS/3968 W. EDGEWATER, 283): Submitted by BLEW & ASSOCIATES, INC. for property located at 3968 EDGEWATER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.23 acre. The request is to vacate a portion of a utility easement. Planner: Dara Sanders 3. PPL 10-3589: Preliminary Plat (OAKBROOKE III, 361): Submitted by BATES AND ASSOCIATES for property located within the Oakbrooke Subdivision west of Rupple Road and east of High Avenue. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 09-3439 (Oakbrooke III) and contains approximately 32.39 acres. The request is for Phases 1 through 4 of a mixed-use subdivision with 96 residential lots and one (1) unbuildable lot. Planner: Dara Sanders New Business: 4. CUP 10-3595: Conditional Use Permit (112 E. CENTER ST./DANCE HALL, 523): Submitted by RUSS DAVIS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acre. The request is for a dance hall. Planner: Dara Sanders THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE AUGUST 8, 2010 PLANNING COMMISSION MEETING 5. CUP 10-3612: Conditional Use Permit (NEMETZ PHOTOGRAPHY2576 STANTON, 292): Submitted by JEFF NEMETZ for property located at 2576 STANTON AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.33 acre. The request is for a conditional use permit for a home occupation (Use Unit 24) to operate a photography studio in a single family residence. Planner: Andrew Garner 6. RZN 10-3613: Rezoning (WATSON/5989 E. HUNTSVILLE, 611): Submitted by MARIE WATSON for property located at 5989 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.50 acre. The request is to rezone the subject property to R -O, Residential Office. Planner: Andrew Garner 7. RZN 10-3614: Rezoning (WRMC/LOT 5 BROOKSTONE S/D, 212): Submitted by USI - ARKANSAS, INC. for property located at LOT 5 BROOKSTONE SUBDIVISION, THE SOUTHEAST CORNER OF WIMBERLY DRIVE AND LONGVIEW STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.37 acres. The request is to rezone the property to P-1, Institutional. Planner: Dara Sanders 8. ADM 10-3630: Administrative Item (UDC Amendment; Ch. 151 Definitions and Ch. 162 Use Conditions: Recycling Facilities): Submitted by CITY PLANNING STAFF to create definitions for community recycling drop-off facilities and centers for collecting recyclable materials and to allow such uses in appropriate zoning districts. Planner: Leif Olson The following items have been approved administratively by City staff: LSP 10-3628: Lot Split (ED PRINCE/2215 N. OLD WIRE, 330): Submitted by JOHN MCGOWAN IV for property located at 2215 N. OLD WIRE ROAD. The property is zoned RSF- 4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.70 acres. The request is to divide the property into two tracts of 0.48 and 0.21. Planner: Dara Sanders NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. 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. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. • 4 Tare Levil_eAR KAN 5A5 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of July 26, 2010 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 19, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 10-3617: Vacation (TIMMERMANS/3968 W. EDGEWATER, 283): Submitted by BLEW & ASSOCIATES, INC. for property located at 3968 EDGEWATER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.23 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description: The subject property is located at 3968 Edgewater Drive. There is an existing home on the property, constructed in 2005. The surrounding land use and zoning consists of single family and rural residential uses within the RSF-4 zoning district to the north, south, and west, and unincorporated Washington County to the east. Request: The applicant's request is to vacate a portion (1,008 square feet) of a utility easement to allow for a pool and deck to be constructed on the property. 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 Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections 0:\ETC\Development Services Review\ 2010\Development Review \10-3540 VAC 2292 N. Covington Park\3-Planning abliyni3ksa:Q10 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 1 of 16 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 10- 3617 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 prior to recordation of the easement vacation. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: July 26, 2010 Motion: Second: Vote: Note: G:\ETC\Development Services Review\2010\Development Review \I0-3540 VAC 2292 N. Covington Park\3-Planning abIya&&,sQ110 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 2 of 16 Blew ' Associates, P.A. Professional Land Surveyors RE: Timmerman Easement Vacation To Whom It May Concern: 524 W. Sycamore Street Suite 4, Fayetteville, AR 72703 PH: 479-443-4506 * FAX: 479-582-1883 http://www.blewinc.com June 3, 2010 Our client's Steve & MicheIle Timmermans are requesting to vacate a portion of the utility easement that crosses their backyard for the purpose of building a pool. If you have any question or concems regarding this request please feel free to contact me. Sincerely, Buckley Blew July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 3 of 16 2010-06-16 14:30 RECEIVED 06/16/2010 14:40 4795821883 BLEW & ASSOCIATES 4795821883 P 1/2 PETITION PETITION TO VACATE AN EASEMENT LOCATED IN LOT 13, CLABBER CREEK SUBDIVISION, PHASE 1, CITY OF FAYETTEVILLE, ARKANSAS TO; THE FAYETTEVILLE CITY PLANNING COMMISSION AND THE FAYETTEVILLE err( COUNCIL • WE, ME UNDERSIGNED, BEING ALL THE OWNERS OF THE REAL ESTATE ABUTTING THE EASEMENT HEREINAFTER SOUGHT TO BE ABANDONED AND VACATED, LYNG IN LOT 11, CLABBER CREEK SUBDIVISION, PHASE 1, CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION, PETITION TO VACATE AN EASEMENT WHICH IS DESCRIBED AS FOLLOWS. A PART OF LOT 13, CLABBER CREEK SUBDIVISION, PHASE I, FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN 014 PLAT RECORD '23" AT PAGE 69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT; BEGINNING ATA POINT WHICH IS 32445'20"E 8.73' AND 56523'42'W 27 .85' FROM THE NORTHWEST CORNER OF SAID LOT 13. AND RUNNING THENCE S24'36'18 "011.27', 58523'42'W 89A3', N2438'16'W 11.27' AND N852342"E 89.43' TO THE PO INT OF BEGINNING. ARE LOT 13, CLABBER CREEK SUBDN1310N, PHASE 1, 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 THB 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 TILE 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 OP SAID REAL ESTATE SOUGHT TO.BE ABANDONED BE VESTED IN TEE 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 EASEMENT. DATED THIS /(p DAY OF '"-.Jatat .... �ELkcA7�//�N7lic,OA2 `' PRINTED SIGNATURE July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 4 of 16 RECEIVED 06/16/2010 14:40 4795821883 BLEW & ASSOCIATES 2010-06-16 14:30 I d/t /tYh artn fis 4795821883 P 2/2 PRINTED NAME (LA lit. .fry .4/1..(i/A/Mm-d) SIGNATURE July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 5 of 16 ;6z oD D •130•130 :ol3i DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: ':DC l t <.1 (A/Ac;:;; \ E=, STEVEN & MICHELLE TIMMERMANS 479 APPLICANT NAME: APPLICANT PHONE:66-8844 66- REQUESTED VACATION (applicant must check all that apply): — Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley — Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) *4,3968 W. EDGEWATER DRIVE, FAYETTEVILLE, AR uwC }r� (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: •:\No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: signature of Utility Corn Representative (A )( $e T42, " l JC.)- t =tea E . Title July 2009 Page 5 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 7 of 16 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 1J0 UTILITY COMPANY: 071-4 o r el y rrE.V 3 —re'gJ 5 poin-Fl i 64 bt APPLICANT NAME: STEVEN & MICHELLE TIMMERMANS REQUESTED VACATION (applicant must check all that apply): APPLICANT PHONE: 479-466-8844 Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) *,,3968 W. EDGEWATER DRIVE, FAYETTEVILLE, AR (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature o Company Representative r 1 S , "71?//),...6-i76,27-1716A.1 Title July 2009 Page 5 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 8 of 16 DATE: JuIJ( 11 2610 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND I)T LITY EASEMENT VACATIONS UTILITY COMPANY: CITY 6F FA-E7rev/ttf WA-tre * SEWER APPLICANT NAME: STEVEN & MICHELLE TIMMERMANS APPLICANT PHONE: 479-466-8844 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 I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed•s) * ,3968 W EDGEWATER DRIVE, FAYETTEVILLE, AR (ATTACH legal description and graphic representation ofwhat is being vacated -SURVEY) /U'TILITY COMPANY COMMENTS: CIo 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: e Signature of Utility Company Representative UPER&^t,oNS MANAGER Title ✓uly2009 Page5 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 9 of 16 RECEIVED 06/11/2010 15:12 4795821883 JUN/11/2010/FRI 03:04 PM FAX No, UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6/n /20/B BLEW & ASSOCIATES P. 002 UTILITY COMPANY: Ar/I71Gi n SGS LieSTCPAJ - L705 I / l Ld . // ''I/ APPLICANT NAME: i LIS a ti .SCA a ".Bkw P As ai� C.APPIICANT PHONE: itn" OM" «`s& REQUESTED VACATION (applicm t must cheek all that apply): • sty Basemen - - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) Le ¢ # /3 ekae - L'reaa/f s1 b. fl;ier (ATTACH legal description and graphic representation of what b being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are web �/%/ 4w1 re/oC!/to arda.rra.9e h oar Fac,1Cs de a/ .75 ± droners erocnse. /e4.2 Signature of lity Company Representative •ZOP1 S7rtic t// -^Oren no Jor" Title 140,2009 Page 5 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 10 of 16 UTILf7'Y APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS j_ 6E11/10 6111110 UTILITY COMPANY: COMMUNICATIONS APPLICANT C NAME:STEVEN & MICHELLE TIMMERMANS APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): )( Utility Easement • Rieht-of-way for alley or sweets and atl utility easemencs located within the vacated right- gtlev Street right-of-way I have been notified of the petition to vacate the following (allcv, easement. right-of-ivap), described as follows: General location 1 Address (referring to attached document- must be completed") as (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY.COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provi wing described easements are retained. (State the location, dimensions, and purpose below.) - ANY DAMAGE OR RELOCATION OF EXISTING FACILITIES WILL BE. AT THE PROPERTY OWNERS EXPENSE. ded follo s ',Qo objections provided the, following ernditions are met: Si are of Utility Comps FIELS ENGINEER y Representative Title lite 2009 Page S July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 11 of 16 Page 1 of 1 Michael Sebo From: jhsargent@aep.com Sent: Monday, June 07, 2010 11:37 AM To: Michael Sebo Subject: Re: Utility Easement Vacation Request Follow Up Flag: Follow up Flag Status: Red Michael, this is in Ozarks Electric service territory and SWEPCO does not have any comments on the vacation. Thanks, Jim Sargent, P. E. jhsargent@aep.com (479) 973 - 2334 8 - 709 - 2334 "Michael Sebo" <sebo@hlewinc.com> 06/04/2010 11:53 AM To <sc9783@att.com>, <jason.combs@cox.com>, <jhsargent@aep.com>, <james_boyd@swn.com>, <gmcgee@ozarksecc.com> CC <buckley@blewinc.com> Subject Utility Easement Vacation Request Good Friday to everyone, I am sending this email with an attached survey, our client wishes to vacate the utility easement at the rear of their lot, we have provided all dimensions and current locations of underground facilities. If you see any problem with the requested area please let me know so that we can find a resolution. Many thanks in advance for your help with this and I hope you have a great weekend! Michael Sebo Project Manager Blew & Associates, P.A. Civil Engineering & Land Surveying 479.443.4506 (office) 479.582.1883 (fax) [attachment "10-087 TIMMERMANS EASEMENT VAC.pdf' deleted by James H Sargent/AEPIN] 6/17/2010 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 12 of 16 FROM RECEIVED 06/16/2010 12:25 4795821883 BLEW & ASSOCIATES (WED) 6.16'10 11:32/ST. 11'31/N0.4864252659 P 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 0200 UTILITYUTILITY COMPANY: Al-/Sw€Y STEVEN & MICHELLE TIMMERMANS 479-46B�844 APPLICANT NAME: APPLICANT PI. ONE: REQUESTED VACATION (applicant mast check all that apply): (— Utility Easement - Right-of-way for alley or streets and all utility easements located within the vaceled right- of- way. - Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way)! describe General location / Address (referring to attached document- must be completed••) ••3968 W. EDGEWATER DRIVE, FAYETTEVILLE, AR (ATTACH legal dercrlptlon and graphic representation of what is being va4atedSUR VET) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described ease{fents are retained. (State the location, dimensions, and purpose below.) • No objections provided the following ( �conditions are met:� %NS11Dex er As.. +Pr •134*,*•1'hS 0.1'`l 14. C. I :44....1 .014 Si r{r. N +1-4- 4Kaa (tide a4•14. vA{+tle,. , &a. ena.Mier 4o L. to lackfsJ AlE %' Sws% "- 4* rotweif 0i S &cPwse b4,ec d4tk1. .J r t g7 eci 4) riA, ee.whi• Signature . Ut ty company Representative &A61NciSR— OSP 114/i0A14$) bt1116N Title JWy2009 Page 5 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 13 of 16 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Oz %4/` ^> c/e'crri bi Car APPLICANT NAME: / /tenitl �4,0/%0S APPLICANT PHONE: '17 —Y& 2 °� REQUESTED VACATION (applicant mast check all that apply): -of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed's) r♦ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) ,UTTILITY COMPANY COMMENTS: XNo objections to the vacation(s) described above. //• No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility C Representative Sy�r��-, s7nf,r j Ye C4 Title July 2009 Page 5 July 26, 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 14 of 16 footprints 2010 Hillside -Hilltop Ov rlay District Design Overlay Di.trict Design Overlay Di.trict Planning Area 0 62.5 125 Fayetteville 250 375 500 Fee July 26. 2010 Planning Commission VAC 10-3617 Timmermans Agenda Item 2 Page 15 of 16 VAC10-3617 TIMMERMANS One Mile View WEIR RD SUBJECT PROPERTY DOVER sY HSFA RS/w PFI WROM furyH 1 NS PONCA SY HBFfIBFJgSF Overview • 11. a • RSF-1 K .C., "::i rxerail HSF-I r' li i RBF! G1 Legend Subject Property ®vAC10.3617 Boundary 0.25 0.5 VAC10-3617 Design Overlay District Planting Area n FayEtteville 1 Miles hely 2Ti 201n Planning Commission VAC 10-3617 Timmemlans Agenda Item 2 Page 16 of 16 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: July 20, 2010 PC Meeting of July 26, 2010 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PPL 10-3589: Preliminary Plat (OAKBROOKE III, 361): Submitted by BATES AND ASSOCIATES for property located within the Oakbrooke Subdivision west of Rupple Road and east of High Avenue. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT 09-3439 (Oakbrooke III) and contains approximately 32.39 acres. The request is for Phases 1 through 4 of a mixed-use subdivision with 96 residential lots and one (1) unbuildable lot. Planner: Dara Sanders Findings: Property Description and Background: The subject development is proposed to be located within the previously approved Oakbrooke Subdivision Phases I and II and the recently approved Oakbrooke Phase III (R-PZD 09-3439), which was approved by the Fayetteville City Council in 2009. The property contains approximately 3238 acres of the original Oakbrooke development. All infrastructure has been installed to serve the original development, and final plat approval has been granted for both phases. The owner has started constructed on several houses within Phase II, which have been incorporated into the proposed development; however, only Phase II has been filed and all associated easements recorded. Subsequently, the applicant will be requesting to vacate all existing easements, and new easements will be dedicated with the development of Oakbrooke III. Surrounding land use and zoning are listed in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Residential and Undeveloped R -A. RSF-1, RSF-4 South Residential RSF-1, RSF-4 East Golf course and Residential R-PZD 07-2452 West Residential RSF-4 Proposal: The applicant requests preliminary plat approval for Phases 1 through 4 of Oakbrooke III (see the phasing plan submitted by the applicant and included in this staff report) with 96 residential lots and one (1) unbuildable lot. Final plat of the overall property is anticipated to be obtained in five (5) phases within five years of Preliminary Plat approval in accordance with the phasing plan approved with R-PZD 09-3439. Water and Sewer System: Water and sewer lines have already been installed to serve the G: IETCIDevelopment Services Review120101Development Review170-3589 PPL Oakbrookel03- Planning Commissian107-26-1(I1Conmtents & Redlines July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 1 of 22 development. Adjacent Master Street Plan Streets: New Bridge Road (Collector Street), platted streets within Oakbrooke Phase I and II Right-of-way to be dedicated: All interior streets have been constructed, and right-of-way was dedicated with the filing of Oakbrooke Phase II. Additional right-of-way is not required at this time. However, right-of-way in the amount of 8.5' from centerline will be required to be dedicated for Rupple Road (Principal Arterial Parkway) with the Preliminary Plat request for Phase 5. Access and connectivity: The subdivision is accessed by Local streets connecting to Rupple Road with approximately 1,000 feet of separation and by New Bridge Road. All interior streets have been constructed, and were dedicated with the filing of Phase II of Oakbrook Subdivision. The applicant is proposing several alleys to provide rear access to the majority of the units. The applicant shall dedicate access easements for all alleys as indicated on the plat, and all alleys shall be constructed to City standards prior to signing of the final plat. All residential lots shall utilize rear access only when adjacent to an alley. No street curb cut shall be permitted where alley access is available. All properties accessing an adjacent public street shall meet the requirements of Chapter 166.08 Street Design and Access Management. Parks: The Park and Recreation Advisory Board (PRAB) recommended on August 6, 2007 to accept money in -lieu of land for this project. Fees in the amount of $22,200 for Oakbrooke Phase II have been paid. Fees in the amount of $4,800 will be due prior to signing of the final plat. Street Improvements: The applicant was assessed $15,900 for street improvements along the property frontage of Rupple Road with the Oakbrooke Phase II final plat in 2005. All other adjacent and internal streets have been improved, and staff does not recommend additional street improvements at this time. Tree Preservation: Sixteen (16) mitigation trees are required. Public Comment: Public comment was received at the Subdivision Committee regarding concern with traffic. Recommendation: Staff recommends approval of PPL 10-3589 (Oakbrooke III) with the following conditions of approval: Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the following: a. The applicant was assessed $15,900 for street improvements along the property frontage of Rupple Road with the Oakbrooke Phase 11 final plat in 2005 that has been paid in full. All other adjacent and internal streets have been improved, and staff does not recommend additional street improvements or assessments at this time. b. All alleys shall comply with the City's street design standards and shall be constructed G:IETCIDevelopment Services Review120101Developnient Review110-3589 PPL Oakbrooke103- Planning Connnission107-26-IOIComments & Redlines July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 2 of 22 prior to signing of the final plat. The applicant shall dedicate 16' and 20' access easements for all proposed alleys as indicated on the plat. All alleys shall be maintained by the Oakbrooke Property Owners Association (POA) unless dedicated to the City as public right-of-way. The alley cross-section shall be constructed in accordance with City Fire Department requirements. c. Staff recommends that all sidewalks be constructed to Master Street Plan standards. All sidewalks adjacent to a common lot or unbuildable lot shall be constructed prior to signing of the final plat. All other sidewalks shall be constructed or guaranteed prior to signing of the final plat. THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THIS DETERMINATION (07/15/10) 2. Planning Commission determination of offsite bridge assessments. Staff recommends that the developer be proportionately assessed for the future construction of a bridge on Rupple Road in the amount of $9,030.00 based on the projected impact of the 174 dwelling unit development upon existing infrastructure. The previous assessment associated with R-PZD 05-1555 (Oakbrooke Phase 11) has been paid in full and was deducted from this assessment, as shown in the attached memo from the Engineering Division. THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THIS DETERMINATION (07/15/10) 3. In accordance with the phasing plan approved with R-PZD 09-3439, preliminary plat approval shall be valid as follows: a. b. c. d. Planning Area 1 Planning Area 2 Planning Area 3 Planning Area 4 — two (2) years — three (3) years — five (5) years — five (5) years 4. Construction of all residential and nonresidential structures shall comply with the designs proposed and approved in R-PZD 09-3439. Architectural elevations are required to be submitted for review at the time of building permit for all structures. Screening between residential and nonresidential developments shall be reviewed at the time of development. 5. Parks fees in the amount of $4,800 are due prior to signing of the final plat. 6. All residential lots shall utilize rear access only when adjacent to an alley. No street curb cut shall be permitted where alley access is available. 7. The easements associated with the recorded final plat for Oakbrooke II shall be vacated prior to issuance of any construction permits for Oakbrooke III. 8. All common property shall be owned and maintained by the Property Owners Association. Development of these properties shall be limited to accessory type uses, such as gazebos, benches, mail kiosks, picnic tables, sidewalks, gardens, landscaping, etc., subject to approval by the City Planning Division. 9. All proposed visitor parking areas shall be maintained by the Oakbrooke POA. Parking areas C:IETCIDevelopment Services Review120101Development Review\10-3589 PPL Oakbrooke103- Planning Commission107-26-101Camments & Redlines July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 3 of 22 containing five (5) or more parking spaces shall meet the parking lot design and landscaping requirements of the Unified Development Code. Additional shrubs are required along the west side of the parking lot located in the area identified as "Phase 4". All parking areas shall be striped and all landscaping/screening shall be installed prior to final plat approval of the phase in which the spaces are located. 10. The applicant shall submit a tree mitigation form requesting on-site mitigation in the amount of sixteen (16) 2" caliper trees or payment into the tree escrow fund in the amount of $4,000. 11. Conditions of approval from the Urban Forester in the landscape and tree preservation reports and from the Engineering Division shall be official conditions of approval. Standard Conditions of Approval: 12. All signage shall be reviewed and approved by the Planning Department prior to installation. Freestanding signage is not permitted within utility easements, unless otherwise approved by all utility companies. 13. All street names and addresses shall be approved by the 911 coordinator. 14. - 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). 15. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 16. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. 17. Street lights shall be installed adjacent to all public and private streets (not alleys), with a separation of no greater than 300 feet. 18. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. Planning Commission Action: Motion: Second: Vote: Meeting Date: July 26, 2010 ❑ Approved 0 Denied ❑ Tabled G:IETC1Development Services Review120101Development Review110-3589 PPL Onkbrooke103- Planning Cammissia107-26-JO1Comments & Redlines July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 4 of 22 ave evile THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 1455SNappy Hollow Rd Fayetteville, AR 72701 P (479)444-3471 F (479)521-7714 ARKANSAS www.accessfayetteyil e.org' (479)521-1316 URBAN FORESTRY DIVISION LANDSCAPE REQUIREMENTS — Chapter 111 To: Fayetteville Planning Commission From: Greg Howe, Urban Forester (Landscape Administrator) CC: Dara Sanders, Current Planner Date: July 19, zolo Subject: PPL 10-3589. Oakbrook III Planning Commission Review Comments Applicable Requirements: Plan Checklist: Y= submitted by applicant N=required by City Code but not included on submitted plan NA= not applicable continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 5 of 22 AUtax dst0:0 N N N Irrigation notes either automatic or hose bib (177.03 (7)(g) & 177•o4(B)(3)(a)] N N N Species of plant material identified [177-03(7)(d & e)] N N N Size of plant material at time of installation indicated minimum size 2' caliper for trees and 3 gal. shrubs [177.03(7)(b & c)] N N N Soil amendments notes include that soil is amended and sod removed [177.o3(C)(6)(b)] N N N Mulch notes indicate organic mulching around trees and within landscape beds [177.o3(C)(6)(c & d)] N N N LSD and Subdivisions plans stamped by a licensed Landscape Architect, others by Landscape Designer [177.o3(B)] continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 5 of 22 a�lve evile ARKANSAS zz yetteville.oi"" THE CITY OF FAYETTEVILLE, ARKANSAS =73tt._a:.:• PARKS AND RECREATION DIVISION 14555 Happy Hollow Rd Fayetteville, AR 72701 P (479)444-3471 F (479) 527-7714 (479) 521-1316 N N N Planting details according to Fayetteville's Landscape Manual [177.o3(C)(6)(g) N N NA Wheel stops/ curbs [177.o4(B)(1)] NA NA NA Interior landscaping [177.o4(C)] Narrow tree lawn (8' min width, 37.5' min length/ 1 tree per 12 spaces) OR Tree island (8' min. width, 18.7' min. lenght/1 tree per 12 spaces) All parking lot trees must be deciduous [in .o4(C)(3)] NA NA NA Placement of Trees [177.o4(C)(2)] Either side at points of access (entrance/exit) N N N Perimeter landscaping [177.04(D)] Side and rear property lines (5' wide landscaped) Front property line (15' wide landscape) 177.04(D)(2)(a) Shade trees planted on south and west sides of parking lots? [177•o4(D)(2)(e)] Parking lot adjacent to R.O.W.- continuous row planting of shrubs -at least 8 per tree- and ground cover - 5o% evergreen) [177.o4(D)(4)(a)] NOTE: Shade trees are described in street tree planting standards .�—_._.r ,v, ._ ...?. NA ,_-:. __..... NA .._._.._z -,,. r'r .., x'?s. .r<�_.-::,.-.:�-Y„•..F„X+-Ih.._.}.,m. ..._._ .`tae .... ._-.. .., k�'�' Greenspace adjacent to street R.O.W. (25' wide landscape) NA NA NA NA Large street trees planted every 3o' L.F. along R.O.W. (15'& 25' landscape areas, <25% of trees can be grouped) [177.o4(D)(3)(a)] NA NA NA 25% of total site area left in greenspace (8o% landscape) NA NA NA Parking lots and outdoor storage screened with landscaping eet t z e±�' am aa?rerm G7 N N N Residential Subdivisions- 1 large species shade tree/ lot tree planted within R.O.W. if possible NA N N Nonresidential Subdivision -1 large species shade tree/3o L.F. tree planted within 15-25' greenspace NA NA NA Urban Tree Wells -urban streetscape only-lofoot sidewalk , trees every 3o L.F. [177•o5(B)(3)(a-f) NA NA NA Structural Soil -if urban wells are used, a note or detail of structural soil must be indicated on the landscape plan N N N Timing of planting indicated on plans (subdivisions only) [177.o5(A)(4)] N N N Written description of the method for tracking plantings continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 6 of 22 ve..ev�le THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 14555 Happy Hollow Rd Fayetteville, AR 72701 P (479)444-3471 F (479)521.7714 t ARKANSAS:- wtt .accessfayettevllle.org TDD(Teleco7nmunications Device for the Dean' (479)521.1316 [177•o5(A)(4)(e)] N N N plan contains 3 -year Maintenance and Monitoring Agreement [177•o5(A)(2)(e)] .c�'- N N N 1 deciduous or evergreen tree/ 3000 square feet N N N 4 large shrubs or small trees (3 gal) / 3000 square feet N N N 6 shrubs or grasses (1 gal) / 3000 square feet N N N Ground cover unless seed or sod is specified Y N N 5o% of facility planted with grass or grass like plants Conditions of Approval: 1. Please review the checklist above and address all comments marked with the letter "N". 2. Oakbrook I and II were approved prior to the establishment of section 177.05 of the Landscape Requirement. With the approval of R-PZD for Oakbrook III section 177.05 applies to all lots and entrance road rights-of-way. One street tree per lot is required in all lots. See landscape redline for street requirements along Best Friend Lane. The street trees shall be planted in the center of the tree Lawn between the curb and sidewalk. Trees shall be chosen from the Recommended Street Tree List. 3. All street trees must be a minimum 2"DBH and conform to the latest ANSI — Z6o.1 American National Nursery Standards. 4. City of Fayetteville planting diagrams are required on the Landscape Plan. 5. Mulching, irrigation and soil amendments must be called out in the planting diagram or in Landscape Notes. 6. Subdivision Landscape Plans must be signed by a Landscape Architect prior to construction plan approval. 7. Street trees must be planted prior to final plat approval. If they cannot be planted or planting prior to home construction would jeopardize their continued health a performance surety must be placed with the Planning Div. A street tree timing and tracking mechanism must be included on the Landscape Plan. 8. Any street trees planted with final plat approval must have a 3 -year monitoring and maintenance plan plus surety at time of signature of final plat. 9. All parking areas with 5 or more spaces fall under the perimeter landscaping and screening requirements [Section 177.04(D)(1) and 177.04 (D)(e)]. 10. Provide tree and shrub species, size and spacing legend 11. Oakbrook I and II were approved prior to the establishment of section 177.06 of the Landscape Requirement. With the approval of R-PZD for Oakbrook III section 177.06 applies to all detention ponds. Landscaping is required for every 3,000 sqft of pond plus a 1o% buffer around pond. Provide detention pond size calculations and plant list. July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 7 of 22 'Pave teville THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISIDN 1955 5 Happy Hollow Rd Fayetteville, AR 72701 orcaotomosoo P(479)444-3471 F(479)521-7714 ww ARKANSAS :ccessfayetteville.org TDD (TelecOnlnloni99dOnS Device for the Deafl: (479)521 1316: URBAN FORESTRY DIVISION TREE PRESERVATION AND PROTECTION — Chapter 167 To: Fayetteville Planning Commission CC: Dara Sanders, Current Planner From: Greg Howe, Urban Forester/Landscape Administrator Date: July 21, 2010 Subject: PPL 10-3589: Oakbrooke III Planning Commission Review Comments Requirements Submitted: No Initial Review with the Urban Forester Yes Review with Urban Forester N/A Site Analysis Map Submitted N/A Site Analysis Written Report Submitted Yes Complete Tree Preservation Plan Submitted No Tree Mitigation Form Submitted N/A Tree Preservation Wavier Submitted Canopy Measurements: Phase J m�'f}��>�1Ci4'��C'i%Iilrusl�esiTse�t>!�u�1'14�Iti�'t�@� acres 3.84 square feet 167,270.1 P acres 0.34 square feet 14,722 percent of site area 8.83% 0.34 acres square feet 14,722 ercent of total site area 8.83% continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 8 of 22 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 14555 Happy Hollow Rd Fayetteville, AR 72701 rzzaresamaan P (479)444-3471 F (479)521-7714 ARKANSAS viivw.ac essfayetteville.o, g unicationsoevicefor the Deaf) (479)521-13161 Phase 2 acres 2.50 s'uare eet 108,900 acres 0 square feet 0 ercent of site area acres o% 0 square feet 0 ercent of total site area Existing trees on phase 2 were removed under permitting for Oakbrooke I and II Phase 3 F:x?: +•.._��:_., ®A, _n Iso.��f"1LY�F1 . � �„� �. 6.36 acres square feet 278,348.4 d v -... y* ,.. �.... M1ki.�TF :' :r ..._ acres 4.07 square feet 177,289 percent of site area 63.7% 4 acres square feet 174,607 percent of total site area 62.7% continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 9 of 22 le THE CITY OF FAVETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 14555 Happy Hollow Rd Fayettevl I le, AR 72701 P(4791444-3471 F (479)521-7714 7unicatiansDevice for the Deaf) www.ac essfayetteyflle,orr r' 'M791521-1316 Phase 4 s 4 uare feet acres 135,036 0.78 square feet 34,134 ercent of site area acres 25.3% 0.70 square feet 30,379 ercent of total site area Mitigation: Required 22.5% Tree Escrow equivalent of $4,000 Mitigation Type Requested: ❑ On -Site ❑ Off -Site ❑ Tree Escrow ® Not Requested Yet Mitigation Type Requested Approved: ❑ YES ❑ NO TREE PRESERVATION & PROTECTION PLAN CHECKLIST• Plan Checklist: NA = not applicable Yes = submitted by applicant No = required by City Code but not included on submitted plan continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 10 of 22 'a 4 n4 t5 -.-. ♦ 1, ® s -..- S' .� rz^ S)):. r �..] .a--...3-.-, m � .-.ne Jim v 4. 0 9 3,380 ft2 High Priority 218 16 ft2 Mid -Priority 290 ft2 Low Priority 436 Tree Escrow equivalent of $4,000 Mitigation Type Requested: ❑ On -Site ❑ Off -Site ❑ Tree Escrow ® Not Requested Yet Mitigation Type Requested Approved: ❑ YES ❑ NO TREE PRESERVATION & PROTECTION PLAN CHECKLIST• Plan Checklist: NA = not applicable Yes = submitted by applicant No = required by City Code but not included on submitted plan continued on next page or on reserve side July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 10 of 22 THE CITY OF FAYETTEVILLE, ARKANSAS PARKS AND RECREATION DIVISION 14555 Happy Hollow Rd Fayetteville, AR 72701 P (479)9443471 F (479)521-7714 ARKANSAS www. accessfayettevile.org (Telecommunications Device for the Deaf) (479) 521-1316 Table 1- Tree Preservation Plan [167.o4(H)(2 ech Plat ,r;SC PC Xree:Prese vation Tali Components Yes Yes Yes Shows ALL Proposed Site Improvements No No Yes Delineates trees/canopy to be preserved and removed Yes Yes Yes Depict limits of soil disturbance Yes Yes NIA No Detail measures that will be used to protect trees Aurin construction 1. Tree Protection Fencing - - - - 2. Limits of Root Pruning_ ---------------- _i_ Traffic flow on work site 4. Location of material storage Yes ---------- No Yes --------------------------------------- No _ _NJA No _ N/A N/A ------ _ No No _ No No _ N/A 5. Location of concrete washout N/A 6. Location of construction entrance/exit Yes Yes Yes Location of ALL existing and new utility/drainage easements 1. All items with "No" need to be addressed. 2. Limits of Soil Disturbance are on the grading plan. RECOMMENDATION: Approve TREE PRESERVATION AND PROTECTION PLAN, COMMENTS (Conditions of Approval): 1. All items in Table 1 above that have a "No" need to be addressed by Construction Plan Approval. 2. Submit a Tree Mitigation form requesting on-site mitigation or payment into the Tree Escrow fund. If doing on-site mitigation prior to construction plan approval identify mitigation trees on landscape plan. 3. Grading, riprap, drainage pipes and filter fabric (erosion control) are not allowed land uses within the established Tree Preservation Areas (TPA). By Construction plan approval all grading must be removed from the TPA, all tree protection fencing must be shown at the boundary of the TPA. 4. Any changes to the established Tree Preservation Area will require City Council approval. July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke 111 Agenda Item 3 Page 11 of 22 tevii THE CITY OF FAYETTEVILLE ARKANSAS SOLID WASTE AND RECYCLING 1560 5. Hppy Hollow Road f yett Vt6@ AR 72251 P 4478157541398 F (4797 4413470 PPL 10-3589: Preliminary Plat (OAKBROOKE III, 361): Single family residence receives residential cart collection and curbside recycling service. No alley pick up. Non single family residence receives commercial collection. Dumpster service required for commercial collection unless approved through solid waste for commercial cart collection. For any questions regarding these services please contact Brian Pugh at 479-718- 7685 or bpugh@ci.fayetteville.ar.us. Telecommunications Device forthe Deaf TDD (579; 57-I-1316 113 West Mountain- Fayetteviile. AR 72701 July 26, 2010 Planning Commission PPL 10-3589 Oakbrooke III Agenda Item 3 Page 12 of 22