HomeMy WebLinkAbout2003-06-09 - Agendas - Final AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday, June 9, 2003 at 5:30
p.m. in the City Administration Building, 113 West Mountain Street, Room 219, Fayetteville,
Arkansas.
Roll Call
The following items will be considered:
Approval of minutes from the May 27, 2003 meeting.
New Business:
1. CUP 03-14.00: Conditional Use(Habitat for Humanity,PP563) was submitted by
McClelland Consulting Engineers on behalf of Patsy Brewer for Habitat for Humanity for
property located at 232 E 13th Street. Property is zoned R-2, Medium Density Residential
and contains approximately 0.63 acres. The request is for approval of a tandem lot.
2. CUP.03-15.00: Conditional Use (Pediatric Learning Center,PP 251)was submitted
by Pam Jones on behalf of Investor's Realty, LLC (Dr. Ben Israel) for property located on
Bob Younkin Drive;north of Drake Street and south of Appleby Road. Property is zoned
R-O, Residential Office and contains approximately 17.388 acres. The request is to allow
a child care and development facility within the proposed Appleby Landing Professional
Park.
3. LSD 03-16.00: Large Scale Development(Noble Oaks 11I, pp405) was submitted by
Jorgensen&Associates on behalf of Sweetser Properties for property located on the east
side of Oakland Avenue,north of Lawson Street. The property is zoned R-2, Medium
Density Residential and contains approximately 1.24 acres with 28 dwelling units
proposed. (28 bedrooms). Proposed total parking spaces provided are 28.
4. ANX 03-02.00: Annexation (Shiloh Community Church,PP 322)was submitted by
Keystone Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of
Mt. Comfort Road and west of Rupple Road. The subject property is in the county and
contains approximately 3.93 acres. The request is to be annexed into the City of
Fayetteville.
5. RZN 03-17.00: Rezoning(Shiloh Community Church,PP 322) was submitted by
Keystone Consultants, Inc. on behalf of Joe Jones, Pastor for property located north of
Mr. Comfort Road and west of Rupple Road. The subject property is zoned A-1 and
contains approximately 3.93 acres. The request is to rezone property to P-1, Institutional.
K.IAGENDAIPCI200316-9-03.DOC
6. ANX 03-03.00: Annexation (James Coger,PP 321)was submitted by Keystone
Consultants, Inc. on behalf of James Coger for property located north of Mt. Comfort
Road and west of Rupple Road. The subject property is in the county and contains
approximately 18.35 acres. The request is to be annexed into the City of Fayetteville.
7. RZN 03-18.00: Rezoning(James Coger,PP 321) was submitted by Keystone
Consultants,Inc. on behalf of James Coger for property located north of Mt. Comfort
Road and west of Rupple Road. The property is currently zoned A-1 and contains
approximatelyl8.35 acres. The request is to rezone the subject property to R-1, Low
Density Residential.
8. RZN 03-19.00: Rezoning(Broyles,PP 599)was submitted by Crafton, Tull and
Associates on behalf of Tom Broyles for property located east of Beechwood Avenue and
south of 15u' Street. The property is currently zoned C-2, Thoroughfare Commercial and
R-2, Medium Density Residential. The request is to move the current zoning line to a
new configuration with the subject property being rezoned to R-2.
9. RZN 03-20.00: Rezoning(Broyles,PP 599) was submitted by Crafton, Tull and
Associates on behalf of Tom Broyles for property located east of Beechwood Avenue and
south of 15u' Street. The property is currently zoned C-2, Thoroughfare Commercial and
R-2, Medium Density Residential. The request is to move the current zoning line to a
new configuration with the subject property being rezoned to C-2.
10. RZN 03-21.00: Rezoning(Nock, PP 439) was submitted by John Nock for property
located at 4023 Wedington Drive. The property is currently zoned A-1,Agricultural and
contains approximately 1:98 acres. The request is to rezone the subject property to C-11
Neighborhood Commercial.
11.ANX 02-01.10 Annexation (Harrison,PP 256)was submitted by Monroe Harrison for
the Petitioners for property located south of Rom's Orchard Road and east and west of
Lancaster Lane. The property is in the county and contains approximately 22.05 acres.
The request is to be annexed into the City of Fayetteville.
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 meetings. 72 hour notice is required.For further information or to
request an interpreter,please call 575-8330.
K.IAGENDAIP0200316-9-03.DOC
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions&Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member or others
for response. Please keep your comments brief, to the point, and relevant to the agenda
item being considered so that everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2003 Planning Commissioners
Nancy Allen
Jill Anthes
Don Bunch
Alice Church
Bob Estes
Sharon Hoover
Alan Ostner
Loren Shackelford
Christian Vaught
FAYETTEVILLE PC Meeting of June 9, 2003
THE CITY OF FAYETTEVILLE,ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jeremy Pate,Associate Planner
THRU: Dawn Warrick, A.I.C.P., Zoning and Development Administrator
DATE: June 09, 2003
CUP 03-14.00: Conditional Use (Habitat for Humanity,PP563) was submitted by
McClelland Consulting Engineers on behalf of Patsy Brewer for Habitat for Humanity for
property located at 232 E 13th Street. Property is zoned R-2, Medium Density Residential and
contains approximately 0.63 acres. The request is for approval of a tandem lot.
RECOMMENDED MOTION:
Staff recommends approval of the conditional use subject to the following conditions:
1. The tandem lot will have access to a public street(13th Street) by way of a private drive
with a minimum width of 25 feet of equal and uniform width. The tandem lot owner
shall be responsible for maintaining said 25-foot private drive so that sanitation and
emergency vehicles have safe access to the dwelling located on the lot. The tandem lot
owner shall have title to, or a perpetual private easement in, the private drive.
. 2. The private drive shall be paved for a minimum distance of 25 feet from its intersection
with 13th Street.
3. No vehicles shall be parked at any time on that portion of a tandem lot utilized as a
private drive.
4. All three proposed lots shall share a common drive by means of the 25' permanent
access easement.
5. All lots adjoining 13th Street shall have a minimum 30'building setback on the south to
meet the Master Street Plan setback requirements. (See attached Ordinance No. 4422)
6. Tract C shall have 20' setbacks except on that east side which fronts onto South Willow
Avenue,which shall have a 25' setback.
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7. Planning Commission determination of an appropriate means of refuse removal. Staff
recommends a screened dumpster enclosure located at the intersection of 13th Street
and the access road be installed prior to issuance of a certificate of occupancy.
S. Each lot shall contain only one single-family structure.
9. A minimum 4 ft. sidewalk with a minimum 6 ft. greenspace shall be constructed at the
expense of the developer along 13th Street at the time of development.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: June 09,2003
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:
BACKGROUND:
Property Description. The subject property is three platted lots located north of 13`' Street, east of
Washington Ave. The neighborhood consists of similar sized platted lots,however,some lots have
been combined and contain only one house. There is a platted,but not constructed,alley to the west
of the tandem lot.Willow Street is a platted,but not constructed,street to the east of the property. A
similar conditional use for a tandem lot (CUP 03-1.00) for the same applicant was approved by
Planning Commission on January 13, 2003 on the property directly south of the current proposal
(See attached minutes).
Proposal and Request: The applicant proposes to construct three single.-family houses on separate
lots. The way that the lots are currently platted,two of the lots do not have access to a public street
without the construction of Willow Street. The applicant is proposing a lot line adjustment that will
create a tandem lot(Tract C on the attached property line adjustment). The applicant is requesting a
conditional use for a tandem lot.
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Recommendation: Staff is recommending approval of the conditional use for a tandem lot. The
property is currently platted into three lots.The tandem lot allows for a reconfiguration of those lots
so that all have access to a public street.
SURROUNDING LAND USE AND ZONING
Direction Land Use Zoning
North Multi-family Residential R-2, Medium Density Residential
South Single Family Residential R-2, Medium Density Residential
East Duplex, Triplex Units R-2, Medium Density Residential
West Single Family Residential R-2, Medium Density Residential
GENERAL PLAN DESIGNATION
§ 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
section of this chapter under which the conditional use is sought and
stating the grounds on which it is requested.
Tinding: The applicant has submitted a written application requesting conditional use
approval for the proposed tandem lot as allowed under§163.28.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
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application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings before
a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under §163.28 to grant the
requested conditional use permit.
(b.) That the granting of the conditional use will not adversely affect
the public interest.
Finding: The conditional use should not adversely affect the public interest. There are
currently three platted lots at this location, the request for a tandem lot is a
reconfiguration of those lots.
(c.) The Planning Commission shall certify:
(1.) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with specific rules governing this individual
conditional use request. 13th Street is a Local Street. The requirement will
be to construct a minimum 4 ft. sidewalk with a minimum 6 ft. greenspace at
the time of development.
(2.) That satisfactory provisions and arrangements have been
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: Proposed access is a 25' private drive with an access easement off of 13th Street
between the two front lots (Tract A and Tract B). This is designed to meet the
requirements for a tandem lotus set forth in §163.28.
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(b.) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: Parking shall not be provided on the access drive,as required by §163.28.
There appears to be adequate space for parking of vehicles on the tandem
lot.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading;
Finding: Planning Commission determination of an appropriate means of refuse removal.
Staff recommends a screened dumpster enclosure located at the intersection of
13 t Street and the access road. The site plan indicates such a site for a concrete
garbage pad.
(d.) Utilities, with reference to locations, availability,
and compatibility;
Finding: Utilities are available to the site.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Screening and buffering is not required for this conditional use.
(£) Signs, if any, and proposed exterior lighting with
reference to glare,traffic safety, economic effect,
and compatibility and harmony with properties in
the district; .
Finding: No signs are being proposed.
(g.) Required yards and other open space; and
Finding: The proposed tandem lot, Tract C on the site plan, has a 20' building setback
on the north,south and west sides, and a 25' building setback on the east side
facing South Willow Avenue,which complies with the requirements for a
tandem lot. Tract A and B have incorrect front setbacks as indicated on the
site plan. Tracts A & B shall have a front setback of 30' from 13tH Street, a
local street, pursuant to the Master Street Plan. All other setbacks are
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adequate.
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: The tandem lot with its proposed single family structure is in general
compatibility with adjacent properties and other property in the R-2 zoning
district.
§ 163.28. TANDEM LOT DEVELOPMENT
A. Where Allowed. Tandem lot development shall be permitted for single-family
dwellings only and shall be a conditional use in all districts where single-family
dwellings are permitted. The development of one tandem lot behind another tandem
lot shall be prohibited.
Finding: This is the first request for a tandem lot is this location. Approval will create
only one tandem lot behind two lots with adequate frontage on 13th Street.
B. Requirements. Before any conditional use for tandem lot development be granted,
the Planning Commission shall determine that:
1. Tandem lot development will not significantly reduce property values in
the neighborhood. In determining whether property values will be
significantly reduced,the Planning Commission shall consider the size of
nearby lots in comparison with the proposed tandem lot or lots.
Finding: The property is currently platted into three lots.The two interior lots do not
have access onto a public street and cannot be developed without combining the
lots,creating a tandem lot,or constructing Willow Street.The nearby lots were
originally platted in a similar fashion as to the subject property.However,some
lots have been combined and contain only one structure. The tandem lot
development should not significantly reduce property values.
2. The terrain of the area in which the tandem lot is proposed is such that
subdivision of said area into a standard block in accordance with
Development, Chapter 166, is not feasible.
Finding: The current three platted lots do not permit access onto a public street for two
of the lots. Further,it does not appear to be feasible for this property owner to
construct Willow Street.
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3. The tandem lot will have access to a public street by way of a private drive
with a minimum width of 25 feet of equal and uniform width. The tandem
lot owner shall be responsible for maintaining said 25-foot private drive so
that sanitation and emergency vehicles have safe access to the dwelling
located on the lot. The tandem lot owner shall have title to, or a perpetual
private easement in, the private drive. If the private drive intersects a
paved street,the private drive shall be paved for a minimum distance of 25
feet from said intersection.
Finding: The applicant is proposing a 25' private drive access easement paved 25'
from the intersection with 131h Street, as shown on the attached site plan.
Access to the tandem lot, Tract C, is proposed to be through the designated
Permanent Access Easement as described.
4. The safety zone between the private drive of a tandem lot and any adjacent
driveway will not be less than the minimum distance between curb cuts in
the standards for street design of Development, Chapter 166, for streets
having a use designation higher than collector, the standards for collector
streets shall apply.
Finding: The site plan indicates the safety zone is adequate for City Standards. The
private drive shall serve as a common drive for all three lots.
5. The tandem lot, excluding the 25-foot private drive,will conform to the
minimum lot width and lot area requirements of the zoning district in
which it is located. Lot area calculations to determine whether a tandem
lot meets minimum lot area requirements shall not include any portion of
the lot having less than the required minimum width.No structure shall be
placed on any portion of a tandem lot having less than the required
minimum width.
Finding: The minimum lot width requirement of the R-2 zoning district is 601, the
proposed tandem lot is 140'. The minimum lot area requirement is 6,000
square feet and the tandem lot is 10,780 square feet. The tandem lot
conforms to the requirements of the R-2 zoning district.
C. Setback. Each tandem lot shall have a minimum building setback requirement of 20
feet from all property lines and 25 feet from all street right-of-way lines.
Finding: The proposed tandem lot, Tract C on the site plan, has a 20' building setback
on the north, south and west sides, and a 25' building setback on the east side
facing South Willow Avenue,which complies with the requirements for a
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tandem lot. Tract A and B have incorrect front setbacks as indicated on the
site plan. Tracts A & B shall have a front setback of 30' from 13th Street , a
local street, pursuant to the Master Street Plan. All other setbacks are
adequate.
D. Vehicle/Private Drive. No vehicles shall be parked at any time on that portion of a
tandem lot utilized as a private drive or on the vehicular turnaround required by
Subsection E. below. The dwelling structure on a tandem lot shall not be located
more than 200 feet from the end of the private drive nearest the structure.
Finding: The parking requirement shall be a condition of approval. The depth of the
tandem lot is 77', thereby complying with the 200' requirement.
E. Certificate of Occupancy. Before a certificate of occupancy is issued for a dwelling
located on a tandem lot,the property owner shall:
1. Construct a 30-foot by 40-foot hard surface vehicular turnaround equivalent to
SB-2 base or better at the end of the private drive and shall execute a written agreement granting
the City permission to enter upon the private drive and turn around with sanitation vehicles; or
2. Shall construct a masonry garbage can holder,with screening, for each
garbage can to be used, which garbage can holder shall be constructed alongside the street onto
which the private drive leads.
Finding: Planning Commission determination of an appropriate means of refuse
removal. Staff recommends a screened dumpster enclosure located at the
intersection of 13th Street and the access road. The site plan indicates such a
site for a concrete garbage pad.
(Code 1991, §160.091; Code 1965, App.A,Art. 7(21); Ord. No. 1747, 6-29-70; Ord.No. 1993,
3-19-74;Ord.No.2693, 1-6-81)
Cross Reference: Enforcement, Chapter 153.
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From Chapter 161 Zoning Regulations
City of Fayetteville Unified Development Ordinance
Zoning District:
§161.06 DISTRICT R-2 MEDIUM DENSITY 2. Lot Area Minimum.
RESIDENTIAL. Mobile Home Park 3 Acres
Lot Within a Mobile 4,200 Sq.Ft.
A.Purpose. The High Density Residential Home Park
District is designed to permit and encourage the Row House:
developing of a variety of dwelling types in suitable Development 10,000 Sq.Ft.
environments in a variety of densities. Individual Lot 2,500 Sq.Ft.
Single-Family 6,000 Sq.Ft.
B.Uses. Two-Family 7,000 Sq.Ft.
1. Uses Permitted.
Unit 1 City-Wide Uses by Right Three or More 9,000 Sq.Ft.
Unit 8 Single-Family Dwellings Fraternity or Sorority 2 Acres
Unit 9 Multifamily Dwellings-Medium Professional Offices 1 Acre
Density
3. Land Area Per Dwellin Unit.
2. Uses Permissible on Appeal to Mobile Home 3,000 Sq.Ft.
the Plannin 4 Commission.
Unit 2 City-Wide Uses by Conditional Use Apartments:
or
r More 2,000 Sq.Ft.
Permit Two o
Unit 3 Public Protection and Utility Facilities Bedrooms
U
One Bedroom 1,700 Sq.Ft
Unit 4 Cultural and Recreational Facilities No Bedroom 1,700 Sq.Ft.
Fraternity or Sorority 1,000 Sq.Ft.per
Unit 11 Mobile Home Park I Resident
Unit 25 Professional Offices
E.Yard Re uirements(feet).
,C Densit . FRONT YARD SIDE YARD REAR YARD
Families Per Acre 4 to 24 25 8 25
D.Bulk and Area Regulations.
Cross Reference: Variances Chapter 156.
1. Lot Width Minimum.
Mobile Home Park 100 Feet F. Height Regulations.Any building
Lot within a Mobile 50 Feet which exceeds the height of 20 feet shall be set back
Home Park from any side boundary line an additional distance of
One Family 60 Feet one foot for each foot of height in excess of 20 feet.
Two Family 60 Feet (Code 1991, § 160.033;Code 1965,App.A,Art.
5(1I1);Ord.No.2320,4-5-77;Ord.No.2700,2-2-81)
Three or More 90 Feet
Professional Offices 100 Feet
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ORDINANCE NO. 4422
AN ORDINANCE ESTABLISHING SETBACK LINES ON SUCH
STREETS AND HIGHWAYS AS ARE DESIGNATED BY THE
MASTER STREET PLAN AND PROHIBITING THE
ESTABLISHMENT OF ANY NEW STRUCTURE OR OTHER
IMPROVEMENTS WITHIN THE SETBACK LINES.
WHEREAS, master street planning is required to connect Fayetteville to other
population centers and to provide for circulation within the community; and
WHEREAS, new development must be provided with proper street access to alleviate
problems associated with congestion and safety by requiring streets in sufficient number and of
adequate size to accommodate peak traffic volumes, pedestrians and alternative modes of
transportation; and
WHEREAS, the City of Fayetteville adopted a Master Street Plan in 1996 with
Resolution No. 97-96; and
WHEREAS, state statute §14-45-418. Setback ordinance provides enabling legislation
that gives municipalities the power to establish setback lines according to an adopted master street
plan;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
. FAYETTEVILLE,ARKANSAS:
Section 1. That§166.19 Master Street Plan Setbacks is hereby added to Chapter
166 Land Development as stated below:
§166.19 MASTER STREET PLAN SETBACKS. The City shall require the
applicant/developer to establish a right-of-way setback line based on the right-of-way
requirements for streets and highways designated by the Master Street Plan. Such
setback line shall be considered the property line for such purpose of satisfying the
requirements of the UDO. All building setbacks, required landscaping, parking lots,
display areas, storage areas and other improvements and uses shall be located outside of
such established setback area. The required width of setbacks, landscaped areas, buffers,
and all other setback and yard requirements shall be dimensioned from the established
right-of-way setback line. The establishment of any new structure or other improvements
within the right-of-way setback is prohibited.
PASSED and APPROVED this the 1day of October,2002.
APPROVED:
By:
D COODY,Mayor
ATTES : /
By: /DR
AT R WOODRUFF, Ci lerk
June 9,2003
Planning Commission
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Planning Cornrnissiop
January 13, 2003
Page 7
CUP 03-1.00: Conditional Use (Habitat (13`h Street), pp 563) was submitted by Tom Webb of
McGoodwin, Williams and Yates, Inc. on behalf of Habitat for Humanity of Fayetteville for property
located at 221, 223, &225 E. 13`h Street. The property is zoned R-2, Medium Density Residential and
contains approximately 0.55 acres. The request is for a tandem lot.
Aviles: Third on our agenda this evening is a Conditional Use Permit for Habitat For
Humanity. It was submitted by Tom Webb of McGoodwin, Williams, and Yates on
behalf of Habitat For Humanity of Fayetteville for property located at 221, 223, and
225 E. 13`h Street. This property is zoned R-2, Medium Density Residential and
contains approximately .55 acres. This request is for a tandem lot. There are seven
conditions of approval. Shelli, will you be giving us the staff report on this one?
Rushing: Yes Ma'am.
Aviles: Do we have signed conditions?
Rushing: Yes we do. This property is located south of 1P Street east of Washington Avenue.
Right now the property is platted into three individual lots. All three lots are vacant at
this time. There is a platted but not constructed alley to the west of the tandem lot and
also there is a platted street, Willow Street to the east of the property, which also has
not been constructed. The applicant is proposing to build three single-family homes on
the three lots. However, the way that the lots are currently platted it does not provide
access to two of the lots to a public street without the construction of Willow Street.
Therefore, the applicant will be submitting a Property Line Adjustment and that
Property Line Adjustment includes a tandem lot and our requirements are to receive
approval for a Conditional Use fora tandem lot. I have placed in front of you a letter
from the staff engineer. We did receive public comment from an adjacent property
owner that is concerned about drainage on this site. One of the staff engineers did go
out and take a look at the site and prepared a memo stating that he had been out there
this past Friday and it appears that there are small drainage swales on the east and west
side of the property. The property is relatively flat and he doesn't find that there will be
any significant or adverse impacts to the property based on its development of three
single-family homes. Also, we did notify the applicant about this concern. Based on
the fact that there are already three platted lots at this location and it seems to be fairly
compatible with the surrounding land uses as well as the originally platted lands we are
recommending approval of the tandem lot.
Aviles: Thank you very much Shelli. Is the applicant present? Yes Sir, would you come
forward and tell us your name?
Webb: My name is Tom Webb.
Aviles: Thank you Mr. Webb. Do you have a presentation that you would like to make or
would you prefer to wait until after we have heard public comment and answer
questions?
June 9,2003
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Planning Commissiop •
January 13, 2003
Page 8
Webb: Just briefly, I went to the site this weekend. Of course I was out there several times
when we were surveying it after I heard about the concerns of the adjacent property
owner and Ms. Gardner actually called me and we discussed it. I went out and looked
very carefully at the lot just as the city engineer's representative did,the lot is flat,there
are not trees on it except for the very edges of it. There are drainage swales on either
side leading from the paved street to the rear of the lots. The drainage Swale on the
west is in the 10' wide alley. At the rear of the southern most lot that alley is blocked
by debris. Probably if that debris were removed from the alley the drainage would
continue down the alley. Other than that, I just could not see any drainage problems.
Aviles: In the memorandum from Matt Casey, our Staff Engineer, he does suggest that if the
property owner would clean up,remove the trash debris and undergrowth and possibly
regrade the two swales adjacent to these lots during construction it would greatly
improve the drainage condition of the site. Would that be something that you would
consider?
Webb: I think really all that needs to be done is for the debris that is in the alley to be removed.
I think once that was done things would drain normally. The area is quite flat. There is
really no need to grade it.
Aviles: Ok, so you would agree to clear the debris from the alley?
Webb: Yes I would.
Aviles: I am going to go ahead and read the seven staff recommendations in for the record and
then we will take public comment. 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 section of this
chapter under which the conditional use is sought and stating the grounds on which it is
requested.
Is there any member of the public that would wish to address us on this? Yes, if you
will come forward and tell us your name
Gardner: I am Carol Gardner, I am the one who spoke about the drainage. I am happy to see that
they are willing to look at that. However, I would like to comment that right now we
haven't had a lot of moisture and so it not obvious what the drainage problem is and
the fact that it is flat is what causes the problem. When we have any rain at all, the
June 9,2003
Planning Commission'
CUP 03-14.00: Habitat
Page 1.12
Planning Commission •
January 13, 2003
Page 9
street is much higher than the lots so it all comes down there. I am just concerned that if
they build at all on their side that it will just force more water onto my side. As long as
they are going to address it, that is fine. I just want to be sure that it is on the record
that it does get addressed. One other short comment is that I know their proposal is to
put one house on each lot. That is not the way the area is at the present time. Most of
the areas have one house per two or three lots so that will be a much higher
concentration.
Aviles: Thank you. I will tell you that at agenda session we asked Matt Casey, our Staff
Engineer, what ordinances were applicable to the drainage from one lot to another.
Matt, could you tell us does the drainage ordinance apply to single-family residential
construction?
Casey: Our review of the developments begin at a triplex and greater so the review of single-
family homes, which is proposed for these lots, are out of our scope unless it is in a
slope greater than 15% or greater or located within the floodway. I did go out there and
look at it last Friday after our agenda session on Thursday and there are several small
depressions through the site. Those will probably be filled in with the construction of
the homes so it would probably eliminate ponding out there and direct the flow into the
swales where it needs to be anyway. My opinion would be that if they would clean up
those ditches that it would help quite a bit.
Aviles:. The ditches and not just the debris in the alley? Which are we talking about?
Casey: The debris that is clogging up the ditches. There might be some minor amount of
grading involved as well. There is quite a bit of undergrowth and trash located in that
that would be blocking the flow.
Aviles: Thanks Matt.
Casey: Yes Ma'am.
Gardner: The alley that is designated on here is where the drainage is. There is no alley there. It
is just drainage. I certainly wouldn't want, that's the area also, part of that area is
where he mentioned that there are trees along the edge, I certainly wouldn't want those
torn out to put a ditch in.
Aviles: I just want to make sure that we are talking about the same place and have the same
objective in mind.
Gardner: We are.
Aviles: Did you have anything else that you wanted to say?
Gardner: No,thank you.
June 9,2003
Planning Commission
CUP 03-14.00: Habitat
Page 1.13
Planning Commission •
January 13, 2003 '
Page 10
Aviles: Thank you very much. Is there anybody else?
Sugg: My name is Mark Sugg and I am the property owner to the southwest of the corner
there. I have a couple of issues. As far as the density I am not really opposed to that.
What does concern me is the amount of concrete that will inevitably be produced by not
sharing one bit of driveway or parking or anything else involved in these. That seems
like since it is one owner that is basically going to build the three of these houses,this is
Habitat For Humanity so they are in control, it seems like we could at least do
something to try to be a little more friendly as far as reducing the amount of concrete is
my point. I think the drainage concerns are that all the water goes there. When I built
my units, I have two duplexes on two lots on that comer,and I use the alley as access to
my property, which I wish all alleys would go through, they are there for a reason. A
lot of my neighbors claim that the water was increased coming down that ditch on Ella
Street which is the street to the south. To me this property now acts as kind of a
detention pond so if we speed it up then I think the people downstream that already
have a bad problem are going to have a worse problem. Even though it doesn't fall
under the rules that they have to deal with it, I think it is going to change things in that
area. We are going to have three curb cuts, three driveways, it seems to me if you put
three narrow lots facing the street and came in with a common drive and had rear entry
driveways and parking that would be a lot more traditional neighborhood. I realize a
lot of people have trouble envisioning that. Those are my concerns. Like I said in this
alley, I don't know where the water goes but at the southwest corner of the rear is the
high spot of the alley as near as I can tell so I assume it goes to the east once it gets
there in that ditch. That ditch does need some maintenance. That is my input.
Aviles: Thanks Mark. Is there any other member of the audience that would like to address us
on this item? Seeing none, I will go ahead and bring discussion back to the applicant if
you would like to come back up and address some of these questions to the Planning
Commission.
Hoover: I have got a question for staff. Who is responsible for the upkeep of alleys because I
noticed that this one needs some upkeep.
Conklin: The alley in this location is unopened so when it is unopened the city doesn't go out
there and maintain it.
Rushing: This alley is platted but has not been constructed.
Conklin: It is just paper.
Hoover: Is that how most of them are?
Conklin: There are a lot of alleys in Fayetteville that are platted that are just shown on paper.
June 9,2003
Planning Commission
CUP 03-14.00:Habitat
Page 1.14
Planning Corizlnissiop
January 13, 2003
Page 11
Aviles: Would you address the question of the shared driveways?
Webb: The shared driveways?
Aviles: Did you all look at that to reduce the amount of impervious cover?
Webb: There is only 140' east to west, we can't get three lots in that width. They would be
narrow deep lots, shot gun lots essentially and I believe Patsy Brewer with Habitat For
Humanity discussed all of the possibilities for lot configuration with the Planning
Division and really the only way to get lots that would meet the city's requirement for
minimum area and width was basically what we came up with. As far as the drainage
problem goes and the alley situation, the alley is open up to the south line of the
southern most lot. There is a gravel driveway that provides access to Mr. Sugg's
apartments and it abuts the south line of the three lots that you are considering tonight.
This is really the situation where the less that is done the better. There is not a drainage
problem out there now. The construction of the houses actually will take care of the
minor ponding that takes place, just the normal grading that goes along with
landscaping a house will take care of that. On the west joining Mrs. Gardner's property
where there is this 10' wide alley right now there are small trees there, there is water
flow that goes down through there. Actually nature is taking care of the situation, you
wouldn't want to clean it out or grade it out or anything. The only real problem there
is, is that there is some debris at the southwest corner of the lot that causes the water not
to continue to the south as the natural drainage goes. If this were removed the water
would continue right on down the alley and off the lot. As it is now it turns and goes to
the southeast corner of the property in a sort of sheet flow. Even so, this isn't really a
serious problem. Finally, I would just like to say that we have worked on three other
Habitat For Humanity building projects and we sort of have an interest in those after
they are completed and we go back and look at them. I go back and have a pride of
participation in those and in each of those cases the neighborhood has been improved
and continues to be improved by these developments and I am quite sure that this is
going to be the same type of situation.
Aviles: Thank you Mr. Webb.
Hoover: Mr. Webb, did you explain how these drives are going to be done? I thought I read
somewhere in here that there is a parking pad that is going to go on one of the houses or
A three of the houses and how wide are these driveways?
Webb: We have a 25' wide easement for the driveway that will go down to the tandem lot. I
believe the driveway is going to be 12' wide. It will be concrete to reduce the amount
of maintenance that might be necessary in.the future. Normally instead of attempting to
put a garage or a carport, I believe what Habitat does, and I am not involved in the
housing design but I believe that they put a parking pad adjacent to the house. I believe
that parking pad normally is about 20'x20'.
June 9,2003
Planning Commission
CUP 03-14.00: Habitat
Page 1.15
Planning Commission
January 13, 2003
Page 12
Hoover: You don't know where that is going to be sited on the property?
Webb: I would assume that it will be immediately adjacent to the house. Now you see on the
application that we submitted we actually showed and we were required to show on the
tandem lot the footprint of the house.
Aviles: You have got the footprint shaded in and then a hatched area next to it, do you suppose
that the hatched area might be for the parking pad?
Conklin: The hatched area next to it is the 25' access easement to the lot.
Aviles: No, I am talking about back where the house is.
Webb: The house is shaded in and indicated to be 32x48 which is the biggest house that they
would build. As was just pointed out,there is a dashed line that forms a rectangle in
which that house sits. Basically we put the footprint in there to demonstrate to the
Planning staff that the house could be cited. It would not necessarily be there.
Actually, if I had it to do over again, I would put it on the other side but the parking pad
that Ms. Hoover referred to would be immediately adjacent to,the house and be inside
of the dashed area.
Hoover: Then what about on tracts B and C?
Ward: I really am not sure.
Aviles: We were just talking about tract B.
Hoover: No, that is B there.
Aviles: Ok, I'm sorry, lot 8 looked like a B.
Hoover: I was talking about the two front lots.
Webb: It would just be a normal residential type setup. There would be a house and an
adjacent driveway.
Hoover: I was just going to have the same comment that Markhas about that there is an awful
lot of concrete. When I first saw this layout I thought that this access easement was
going to be a shared drive for everybody which would give everybody more site to
work with and less concrete so each individual would essentially have more land that is
not devoted to so much concrete that is only used for cars.
Webb: That would probably be a really good question for Planning staff to answer and I am
probably not the proper party to answer that. I will just give you my opinion, if it were
possible under the city regulations to do it that way, to me that would be a preferable
June 9,2003
Planning Commission
CUP 03-14.00: Habitat
Page 1.16
Planning Commissiol •
January 13, 2003
Page i3 ,
way to do it. In the materials that we received from the Planning Department it makes
it quite clear that they were anticipating three separate curb cuts. I assume that that is
required. If it were completely up to me I would do it just the way you are talking
about but it is not.
Hoover: Tim, do we require three separate driveways?
Conklin: We do allow shared driveways. I would be more than happy to work with Habitat For
Humanity to create one shared driveway and provide parking. Let me just say that we
did initially talk about the possibility of doing smaller lots and having three single-
family homes that front a street that have a front yard, that have a sidewalk, that have a
more traditional approach to a neighborhood. What has been proposed is,a tandem lot
with a house behind and two houses up front.
Aviles: Commissioner Hoover do you have any more questions?
Hoover: No.
Ward: In a lot of ways Tim I feel like the traditional way of doing it with separate curb cuts,
these are going to be separate individual homes sold to individuals, they will have their
own loans,mortgages, and so on, who takes care of the driveway when it starts falling
apart. One might not have the money, etc. You can get into a lot of headaches on this
shared driveway, shared concrete later on down the road. Doing it this way solves a lot
of problems later.
Conklin: Commissioner Ward, what we are looking at this evening is to make sure you can
approve a tandem lot that has access that has been shown either by simple ownership or
easement. In this case it is an easement and that the setbacks are established for that
tandem lot and that the house can be built on that tandem lot and the remaining two lots
would meet our current zoning requirements. I just wanted to clarify that there are
provisions for shared driveways, it is not a requirement in Fayetteville.
Aviles: Thanks Tim. Is there anything else?
Estes: Mr. Webb, you have heard our City Engineer tell us that it is his recommendation that
if the property owner would clean up the debris and regrade the two swales adjacent to
the lots that it would greatly improve the drainage condition on the site, is that
something that the applicant is willing to do?
Webb: Yes.
Aviles: Thanks Commissioner Estes. In terms of procedural issues, I would imagine that since
we are only dealing with a tandem lot and not the actual construction, because that
would not normally come to the Planning Commission, that should we approve this
tandem lot the driveways could be worked out in a manner that would meet city
June 9,2003
Planning Commission
CUP 03-14.00: Habitat
Page 1.17
Planning CommissioV .
January 13, 2003
Page 14
ordinances and meet the need for the individual dwellings. Typically duplexes share a
lot and could have individual ownership and then joint responsibility for the
maintenance and upkeep. Are there any other questions or comments Commissioners?
MOTION:
Estes: I would move for approval of CUP 03-1.00 with an additional condition. That
condition being clean up and remove all trash debris and undergrowth and regrade the
two swales adjacent to the lots during construction.
Aviles: I have a motion by Commissioner Estes with an eighth condition of approval. Is the
applicant in agreement and would the applicant sign that condition?
Webb: We were just discussing the requirement for grading and I would just like to repeat that
the less that is done in terms of grading I think is going to be better for all concerned
but the applicant will certainly work with the city to do whatever is required on the
draining and I just discussed that with Ms. Brewer and that is the case so that condition
is acceptable to the applicant.
Aviles: Thank you. I have a motion by Commissioner Estes do I have a second?
Hoover: I will second.
Aviles: There is a second by Commissioner Hoover.
Bunch: On condition number two, that states that there shall be 25' between all three driveway
curb cuts, do we need to modify that to allow for a common driveway in case it works
out that way?
Aviles: Do you want to say to substitute a common driveway?
Estes: The movement will accept that amendment.
Aviles: Will the second?
Hoover: Yes.
Aviles: The language will be "or substitute a common driveway." Are there any other
comments or questions? Renee, would you call the roll please?
Roll Call: Upon the completion of roll call the motion to approve CUP 03-1.00 was approved by a
vote of 9-0-0.
Aviles: Thanks Renee. The motion carries unanimously.
June 9,2003
Planning Commission
CUP 03-14.00:Habitat
Page 1.15
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June 9,2003
0 0.1 0.2 0.4 0.6 0. Planning Commission
Miles CUP 03-14.00: Habitat
Page 1.21
LSD 03-16.00
Page I
FAYETTEVILLE PC Meeting of June 09, 2003
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, A.I.C.P.,Zoning and Development Administrator
FROM: Jeremy Pate, Associate Planner
Matt Casey, P.E. Staff Engineer
DATE: June 09, 2003
Project: LSD 03-16.00: Large Scale Development (Noble Oaks III, pp405) was submitted
by Jorgensen& Associates on behalf of Sweetser Properties for property located on the east side
of Oakland Avenue, north of Lawson Street. The property is zoned R-2, Medium Density
Residential and contains approximately 1.24 acres with 28 dwelling units proposed. (28
bedrooms). Proposed total parking spaces provided are 28.
Background:
The project was reviewed at the May 14, 2003 Technical Plat Review and the May 29, 2003
Subdivision Committee Meeting:
Discussion at the Subdivision Committee meeting included grading and enlarged tree wells for
tree preservation.
The Subdivision Committee forwarded the Large Scale Development to the full Planning
Commission subject to all staff comments, adding one condition pertaining to street
improvements. Modifications were made at the request of the Landscape Administrator to
mitigate the impact of the development on trees identified to be preserved.
On December 17, 2002,Fayetteville City Council signed into being Ordinance #4447
implementing impact fees for water and wastewater. These fees will be effective June 16, 2003.
Findings:
Proposal: The applicant proposes to construct one (1)building containing twenty-eight(28) units
consisting of one-bedroom apartments for a total of twenty-eight(28) bedrooms.
Parkin
Total Spaces Standard Spaces ADA Spaces Bike Racks
Required 28 26 2 1
Proposed 28 26 2 1
K:\Repons@003TC REPORTS\06-WLSD 03-16 NobleOaks]ndoc June 9,2003
Planning Commission
LSD 03-16.00:Noble Oaks III
Page 2.1
LSD 03-16.00
Page 2-
Existing Development. Currently three single family homes are located on the proposed site for
this large scale development. These three houses and their drives will be removed.
Surrounding Land Use and Zoning:
Direction Land Use Zoning
North Single family homes R-2, Medium Density Residential
South Single family homes R-2, Medium Density Residential
East Multi-family homes R-2, Medium Density Residential
West Single Family,Duplex homes R-2, Medium Density Residential
Water&Sewer: 8"water lines and 8"sewer lines available along Oakland Avenue
Fire Marshal: Any building proposing more than 16 units in an R-2 Zoning District is required
to be sprinkled. Sprinkled occupancies shall have afire hydrant within 100 feet of the fire
department connection. Fire flow requirements shall be calculated. Recommends that fire
department connections be free standing away from the building.
Right-of-way being dedicated: Oakland Avenue requires 25' from centerline right of way
dedication as a local street pursuant to the City's Master Street Plan.
Street Improvements Proposed: Included in the development are street improvements by the
developer to Oakland Avenue 14' from centerline along the entire 225 feet of property frontage
to include pavement, curb and gutter, and underground storm drains. Oakland Avenue also
requires a six foot sidewalk and a minimum of six feet of green space adjacent to the street.
Access: Access is proposed by means of Oakland Avenue in two locations. Both locations are
two-way means of access.
Adjacent Master Street Plan Streets: Oakland Avenue, a Local Street with 50' ROW
Tree Preservation: Existing: 50.4%
Preserved: 23.28%
Required: 20%
Mitigation: None Required
Recommendation:
Staff recommends approval to LSD 03-16.00 subject to the following conditions:
Conditions of Approval:
1. Street improvements shall be made at the developer's expense to Oakland Avenue; 14'
from centerline along the entire 225 feet of property frontage to include pavement, curb
KAtepons\2003\PC REPORTS\06-09\ISD 03-16 Noble Oaks M.doc June 9,2003
Planning Commission
LSD 03-16.00:Noble Oaks III
Page 2.2
LSD 03-16.00
Page 3
and gutter, and underground storm drains.
2. Payment of parks fees in the amount of$11,004.00 (28 units (7a $393) shall be required
prior to issuance of a building permit.
3. The developer shall install a six foot sidewalk and a minimum of six feet of green space
adjacent to Oakland Avenue in accordance with current City standards.
Standard Conditions of Approval:
4. 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)
5. 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 the City's current
requirements.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: June 09,2003
Comments:
The"CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
: KAReports\2003TC REPORTS\06-09VSD 03-16 Noble Oaks M.doc - June 9,2003
Planning Commission
LSD 03-16.00:Noble Oaks III
Page 2.3
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
LANDSCAPE ADMINISTRATION
DATE: 5- 28-03
TO: Jeremy Pate, Associate Planner
COPY: Sweetser Properties and Jorgensen & Assoc.
FROM: Craig Carnagey, Landscape Administrator
SUBJECT: Noble Oaks III
I have spoken with the applicant about the excessive fill over the site. They have
addressed some of the areas of concern where trees were shown to remain alive but in
fact were going to die due to fill. There are areas on the plan along the west edge where
grading changes still need to be made to accommodate existing trees that were
identified to remain. Any trees with excess fill over their roots will need to be identified
for removal, and adjustments made to the plans canopy preservation calculations
The large 24" Oak in the center of the development is being severely pinched by
the current design. I have requested that the applicant review the parking configuration
to allow this tree more room. Suggestions were made to eliminate parking on each side
of the tree, expand the well, and replace this parking in other locations on site. Drainage
for this tree-well will also be needed.
June 9,2003
Planning Commission
LSD 03-16.00: Noble Oaks III
Page 2.4