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Home My WebLink About2013-06-13 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Craig Honchell,Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting June 10, 2013 A meeting of the Fayetteville Planning Commission will be held on June 10, 2013 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 Consent: 1. Approval of the minutes from the May 28, 2013 meeting. 2. PPL 13-4387: Preliminary Plat (3031 N. GULLEY RD./MCLELLAND, 259): Submitted by JAY MCLELLAND for property located near the intersection of Sagely Lane and Gulley Roads. The property is in the PLANNING AREA and contains approximately 5.47 acres. The request is for a residential subdivision with 4 single family lots. Planner: Quin Thompson 3. ADM 13-4407: Administrative Item (175 W. MARTIN LUTHER KING BLVD./CHURCH PROPERTIES, 523): Submitted by JACOBS & NEWELL CO. for property located at 175 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned DG, DOWNTOWN GENERAL and contains one lot totaling 0.24 acres. The request is one year/three installments for payment of parks impact fees for LSP 13-4386. Park Planner: Carole Jones Planner: Andrew Garner 4. VAC 13-4385: Vacation (867 N. COLLEGE AVE./PINE TREEBEACON FLATS, 445/446): Submitted by CIVIL DESIGN ENGINEERING for properties located around 867 NORTH COLLEGE AVENUE. The property is zoned DG, DOWNTOWN GENERAL. The request is to vacate two utility easements. Planner: Jesse Fulcher Old Business: 5. CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Submitted by TCM ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 3.15 acres. The request is for a conditional use permit for a wireless communications facility (Use Unit 36). Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED. New Business: 6. CUP 13-4381: Conditional Use Permit (1649 N. VIEWPOINT DR./JARRATT, 409): Submitted by HUGH JARRATT for property located at 1649 NORTH VIEWPOINT DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.34 acres. The request is to allow an accessory structure prior to construction of single family dwelling. Planner: Jesse Fulcher 7. CUP 13-4390: Conditional Use Permit (210 S. CROSSOVER RD./CENTRAL EMS, 527): Submitted by BECKY STEWART for property located at 210 SOUTH CROSSOVER ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 4.60 acres. The request is to allow emergency ambulance station,Use Unit 5, in the RSF-4 zoning district. Planner: Jesse Fulcher 8. CUP 13-4392: Conditional Use Permit (1910 N. OLD WIRE RD./SEQUOYAH (UMC), 369): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 1910 NORTH OLD WIRE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, and contains approximately 7.22 acres. The request is a conditional use permit to bring the existing church into compliance and permit an addition,Use Unit 4, in the RSF-4 zoning district. Planner: Andrew Garner 9. RZN 13-4384: Rezone (1315 N. RUPPLE RD./LEISURE HOMES, 400): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 1315 NORTH RUPPLE ROAD. The property is zoned RSF-7, RESIDENTIAL SINGLE-FAMILY, 7 UNITS PER ACRE and contains approximately 19.98 acres. The request is to rezone the property to RMF-12,RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE. Planner: Quin Thompson 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on May 28,2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: May 13, 2013 Approved Page 3 ADM 13-4383: Administrative Item (1252 S.ADMIRAL AVE./NANTUCKET PH. IV, 563): Page 3 Approved Old Business: ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Page 4 Tabled CUP 13-4365: Conditional Use Permit(1720 E. ZION RD./TRICON, 136): Page 5 Tabled New Business: ADM 13-4374: Administrative Item (617 N. COLLEGE AVE./PIGMINT,445): Page 6 Approved ADM 13-4394: Administrative Item(NORTHEAST CORNER OF COLLEGE AVE./TOWNSHIP ST. (CVS PHARMACY,246): Page 8 Approved CUP 13-4375: Conditional Use Permit(1815 N. GREEN ACRES DR./FOGHORN'S,287): Page 9 Approved Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 1 of 10 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Craig Honchell Ryan Noble Kyle Cook William Chesser Porter Winston Blake Pennington Ron Autry Sarah Bunch STAFF PRESENT Quin Thompson Andrew Garner CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Honchell and Cook were present. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 2 of 10 Consent. Approval of the minutes from the May 13,2013 meeting. ADM 13-4383:Administrative Item(1252 S.ADMIRAL AVE./NANTUCKET PH.IV,563): Submitted by CIVIL DESIGN ENGINEERING for property located at 1252 SOUTH ADMIRAL AVENUE.The property is zoned DG, DOWNTOWN GENERAL and contains approximately 3.76 acres. The request is for a 1 yr. extension on the LSD 11-4009 that was granted on April 12, 2012. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 3 of 10 Old Business: ADM 13-4330:Administrative Item(SW CORNER 15TH STREET AND RAZORBACK ROAD,599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a variance of the Streamside Protection Zones,Parking Lot Landscaping,and Parking in the Build-to zone. STAFF RECOMMENDS THIS ITEM BE TABLED INDEFINITELY. Motion: Commissioner Chesser made a motion to table ADM 13-4330 indefinitely. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 4 of 10 CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Submitted by TCM ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 3.15 acres.The request is for a conditional use permit for a wireless communications facility (Use Unit 36). THE APPLICANT HAS REQUESTED TO TABLE THE ITEM UNTIL JUNE 10, 2013. Motion: Commissioner Chesser made a motion to table ADM 13-4365 to the June 10,2013 meeting. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 5 of 10 New Business: ADM 13-4374:Administrative Item(617 N.COLLEGE AVE./PIGMINT,445):Submitted by CHELSEA HERMEZ for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a variance to allow for a temporary retail structure(airstream trailer)to remain on the property for longer than 90 days. Andrew Garner, Senior Planner, gave the staff report. Chelsea Hermez, applicant,discussed that they are looking to move in to a storefront location but need more time. She also discussed how their business is different than other florists. Public Comment: Gary Rotnei asked who was objecting to this application, and he asked what was an unfair advantage. Lewell McCutheon, vouched that Pigmint is very unique. Jennifer Bricker is a Pigmint customer and they provide a unique product,different types of flowers,and she discussed they had provided donations to Ruth Chris's steakhouse on Mother's Day. No more public comment was presented. Kit Williams,City Attorney,discussed the three part test required to grant this type of variance.He discussed that the decision required judgment on part of the commissioners, it is not a precise test. Commissioner Pennington asked who has the burden of proof that it is or is not an unfair advantage. Williams answered that the applicant has the burden of proof. Commissioner Hoskins asked about the date of Pigmint's initial permit. Garner discussed the date and the applicant Hermez, confirmed that they opened on February 12, 2013. Commissioner Hoskins asked if they are still operating. Hermez stated yes. Williams discussed that he felt it was proper for the applicant to continue operating until the commission decided on the variance,given the information presented about the start date and efforts of the applicant to get their application to the Planning Commission. Commissioner Hoskins asked where they were looking to move. Hermez discussed the old Smokehouse building on Dickson Street. Commissioner Hoskins asked the applicant if they were required to move,would it affect their business. Hermez discussed that it would not affect their business. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 6 of 10 Commissioner Hoskins discussed that the issue is not about what is paid in rent.There are other issues such as ADA compliance that a permanent business has to meet that a temporary business is skirting.He also discussed that he felt they were selling similar products as other businesses. Hermez and Hoskins argued back and forth about unfair advantage and similar products between florist businesses. Commissioner Pennington asked about the applicant's services. Hermez discussed that they provide flowers and creativity,including helping plan decorations,etc.for events. Commissioner Chesser discussed that the feels this applicant is different than other florists.He does not see the purpose of moving the business.He is included to give them a shorter timeframe. He asked the applicant how long it would take to get into a brick-and-mortar location. Hermez discussed that they can do it in three months, and that they could do it in six months. Motion: Commissioner Chesser made a motion to approve ADM 13-4374,with an extension for 6 months from today(to expire on November 28, 2013. Commissioner Pennington seconded the motion. Commissioner Hoskins discussed why he voted certain ways on previous outdoor mobile vendor applications and that he is pro-business and felt they the commission should give then a chance on their first try. Upon roll call the motion passed with a vote of 6-1-0,Commissioner Hoskins voting `no'. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 7 of 10 ADM 13-4394: Administrative Item(NORTHEAST CORNER OF COLLEGE AVE./TOWNSHIP ST. (CVS PHARMACY, 246): Submitted by BOOS DEVELOPMENT for the property located at the NORTHEAST CORNER OF COLLEGE AVE./TOWNSHIP ST.(DAYS INN SITE).The property is zoned C- 2, THROROUGHFARE COMMERCIAL and contains a total of 4.09 acres. The request is for a curb cut variance on College Avenue with the redevelopment of a portion of the site for a CVS Pharmacy. Andrew Garner, Senior Planner, gave the staff report. Conner McNair, applicant, discussed condition of approval #1, and reasons why they cannot agree to this condition, namely that the northern access is not a functional access for the CVS pharmacy site. No public comment was presented. Commissioner Hoskins asked about the remainder of the Days Inn site. Conner McNair, applicant, indicated that they will demo the entire site at once. Commissioner Hoskins described the traffic flow into and out of this site and the adjacent car wash site. Conner McNair, applicant, discussed that they have in writing that the car wash will not agree to a shared access. Wes Eustice, applicant's engineer, discussed the throat length of the driveways and that they can provide 60 feet off of College and 40 feet off of Township. Commissioner Autry asked about a left out onto Township. Garner discussed that the driveway on Township was permitted by right. If the commission felt like it would create a dangerous traffic condition they could potentially limit it. Commissioner Hoskins asked about the throat length condition of approval. Garner read the ordinance requirement for throat length,discussing that he felt it was a safety issue but would be covered under the large scale development review, and was more appropriately under the authority of the Zoning Development Administrator and City Engineer. Motion#1: Commissioner Chesser made a motion to strike condition#3 (the throat length requirement) of ADM 13-4394. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion#2: Commissioner Hoskins made a motion to approve ADM 13-4394, striking condition#1 that required the shared curb cut with the adjacent car wash. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 8 of 10 CUP 13-4375: Conditional Use Permit(1815 N.GREEN ACRES DR./FOGHORN'S,287): Submitted by JEFF HODGES for property located at 1815 NORTH GREEN ACRES DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.57 acres.The request is to allow outdoor music, Use Unit 35, in a C-2 zoning district. Quin Thompson, current planner, read the staff report. Jeff Hodges, applicant,was present to respond to questions. Motion: Commissioner Chesser made a motion to approve CUP13-4375. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 6:58PM. Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 9 of 10 Planning Commission June 10,2013 Agenda Item 1 05-28-13 Minutes Page 10 of 10 aye evl e PC Meeting of June 10, 2013 ARKANSAS 125 W. Mountain St. THE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: June 05, 2013 PPL 13-4387: Preliminary Plat (3031 N. GULLEY RD./MCLELLAND, 259): Submitted by JAY MCLELLAND for property located near the intersection of Sagely Lane and Gulley Road. The property is in the PLANNING AREA and contains approximately 5.47 acres. The request is for a residential subdivision with 4 single family lots. Planner: Quin Thompson Findings: Property & background: The property contains approximately 5.47 acres located south and east of the intersection of Gulley Road and Sagely Lane. The property is in unincorporated Washington County and is zoned Agricultural/Single-family residential one dwelling unit per acre. On May 30, 2013, the Sub-division Committee forwarded PPL 13-4387 to the full Planning Commission. The surrounding zoning and land uses are depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction from Site Land Use Zoning North, South, East, and West Rural residential Unincorporated Washington County Residential 1 unit nar acre Proposal: The applicant proposes a preliminary plat with 4 residential lots with individual standard septic systems. Lots areas will be between 1.13 and 1.35 acres. City of Fayetteville Development Regulations: The property is just over one mile outside of the Fayetteville city limit. In accordance with Section 166.05(A)(2) of the Fayetteville Unified Development Code, this subdivision is therefore subject to all Washington County on and off-site improvements and subdivision regulations for development. The City of Fayetteville review includes policy for general street connectivity and water service. G.IETCIDevelopment Services Review120130evelopmeni Revicv,U3-4387 PPL 3031 NGu11ey Rd(Mclelland)103 Plaizning Commission106-10- 20131Comments and Redlines Planning Commission June 10,2013 Agenda Item 2 PPL13-4387 Mclelland Page 1 of 8 Water and Sewer: There an existing water main to serve the proposed development. Appropriate approvals and permits will be required from the Arkansas Department of Environmental Quality and Arkansas Department of Health and Human Services for septic systems prior to Final Plat. Adjacent Master Street Plan Streets: This Property has street frontage on North Palmila Drive, a Local Street. Right-of-way to be dedicated: As this property is beyond one mile from the city limits right-of- way dedication to the City is not required. North Palmila Drive will be extended into this site and dedicated to Washington County with a 50-foot right-of-way. Washington County: County staff did not provide comments. Block Layout/Connectivity: The City's development code discourages dead-end streets with cul-de- sacs excepting certain conditions (see UDC Section 166.08(E)). The proposed development is surrounded entirely by large single family estate lots, and there is not an obvious future connection to be made, in staff s opinion. Public Comment: One comment was made by a neighbor during the SC meeting, in opposition to the proposed development, citing the large number of un-built lots in the adjacent development. Recommendation: Staff recommends approval PPL 13-4387 with the following conditions: Conditions of Approval: 1. This development is subject to approval by Washington County. 2. All designs are subject to the City's latest design for the new water lines. Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 3, Prior to final plat the property line adjustment/lot split to create the legal lot for this subdivision shall be filed of record, or the remaining undeveloped portion shall be included in this subdivision and assigned a lot number(s). 4. Approval from the Arkansas Department of Environmental Quality for use of septic systems within this sub-division is required prior to final plat approval. Standard Conditions of Approval: 5. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 6. Submit a digital copy of the approved final plat on CD to the Planning Division prior to recordation of final plat. G.IETCIDevelopmenl Services Review110130evelopmenl Review113-0387 PPL 3031 NGulley Rd(Mclelland)103 Planning Commfssion106-10- 10131Commenls and Redlines Planning Commission June 10,2013 Agenda Item 2 PPL13-4387 Mclelland Page 2 of 8 7. All street names and addresses shall be approved by the 911 Coordinator. Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Motion: Second: Vote Meeting Date: June 10,2013 Fayetteville Unified Development Code Unified Development Code: Chapter 166.05 Required Infrastructure Improvements and Subdivision Regulations -Development In Planning Area (A) Required Infrastructure Improvements and Subdivision Regulations Outside the City. (1) Within One Mile of City Limits. On and off-site improvements and subdivision regulations for development outside the City limits and within one mile of the City are the same as for those developments within the City limits, with the exception of park land dedication requirement which is not required. (2) Beyond One Mile of City Limits. On and off- site improvements and subdivision regulations for development outside one mile of the City limits shall meet Washington County standards. (3) All lots in the Planning Area shall have direct frontage to a public street, with the minimum frontage required by Washington County pursuant to residential Lot and Block Standards. (B)Developments Outside City Developed to all Inside the City Standards. If the City Council grants access to the City's sewer system pursuant to §51.115. (C) and the owner/developer agrees to petition for annexation as soon as legally possible and develop the subdivision in accordance with all city development requirements including payment of all impact fees, the bulk and area requirements for this subdivision shall conform to those within the RSF-4 Zoning District or as otherwise designated by the City Council rather than those within the planning area. (Code 1965,App.A.,Art,8(11),App.C.,An. IV;Ord.No. 1747,6-29-70; 1750,7-6-70;Ord.No. 1999,5-7-74;Code 1991,§§ 159.54, 160.120; Ord.No.3925,§6, 10-3-95;Ord.No.4100,§2(Ex.A),6-16-98;Ord.4753,9-6-05;Ord,5215, 1-20-09;Ord,5270,9-1-09;Ord.5296, 12-15- 09;Ord.5546, 12-04-12) 166.08 Street Design And Access Management Standards (E) Block Layout/Connectivity. G:IETCIDevelopment Services Review120130eveiapnieni Review113-4387 PPL 3031 NG,dley Rd(Mclelland)I03 Planning Conunissio, 06-10- 20131Comments and Redlines Planning Commission June 10,2013 Agenda Item 2 PPL13-4387 Mclelland Page 3 of 8 (1) Block Length. Block lengths and street intersections are directly tied to the functional hierarchy of the street pattern that exists or is proposed. (a) Principal and Minor Arterial Streets. Signalized intersections should be located at a minimum of one every 2,640 feet (half a mile) along principal and minor arterials and should be based on traffic warrants. (b) Collectors. Intersections should be located at a minimum of one every 1,320 feet (quarter of a mile) along collector streets. (c) Locals. Intersections shall occur at a minimum of one every 800 feet. (d) Residential. Intersections shall occur at a minimum of one every 600 feet. (e) Variances. Block length standards may be varied by the Planning Commission when terrain, topographical features, existing barriers or streets, size or shape of the lot, or other unusual conditions justify a departure. (2) Topography. Local streets should be designed to relate to the existing topography and minimize the disturbance zone. (3) Dead-end streets. Dead end streets are discouraged and should only be used in situations where they are needed for design and development efficiency, reduction of necessary street paving, or where proximity to floodplain, creeks, difficult topography or existing barriers warrant their use. All dead end streets shall end in a cul-de-sac with a radius of 50 feet, or an alternative design approved by the City and the Fire Department. The maximum length of a dead end street(without a street stub-out) shall be 500 feet. G.'IETCIDevelopment Services Review120131Development Review) 3-4387 PPL 3031 N Gulley Rd(NClelland)103 Planing Commissionl06-10- 20131Comments and Redlines Planning Commission June 10,2013 Agenda Item 2 PPL13-4387 Mclelland Page 4 of 8 May 1, 2013 City of Fayetteville Planning Department 113 W. Mountain Fayetteville, Ar 72701 This is a letter to request the lot split of parcel 001-15645-000 (5.47 acres). I am requesting to split the property into four building lots, that are 1.13acres, 1.14acres, 1.15acres, and 1.35acres. The lots would be accessed by North Pamilla Drive off the Sloan Estates Subdivision. North Pamilla Drive was set up to be an access point from Sloan Estates. I have had a design plat done by ESI in Springdale to show lot descriptions, road design, utility points, etc. Thank you for your consideration on this project. Sincerely, Jay McLelland (479)466-4422 Planning Commission June 10,2013 Agenda Item 2 PPL13-4387 Mclelland Page 5 of 8 c r � _ '•F � • V. 'l T �i r I, — .FB \ .. -S �2 I - I i \ i 8 , `(T ' _-ieb I �uuarry aufl 4u� \$•l 1...\ .,`.. ,n �I • j df - v � ix[ I J I 11 S ` r c i f it i i"• r •Ii> g oa ��smw - -- -�--_---_-- PRELIMINARY PLAT fission FOR JAY MRY PL ND em 2 - - FAYETTEVILLE, ARKANSAS a Item 2 elland Page 6 of 8 PPL13-4387 MCLELLAND One Mile View l e DAVIS Lnll q , F SrgT£ LYRD C ` DREXEL Z � I N F 2 SUBJECT PROPERTY z a o i O CABG DR , Of 0 Za •+r+........ g o � w i x z_ gsv.2 •p v0� ♦ J ♦� 2 PRI ATE 2680 ` w TR rH SP?.\%,G ti y _ TLN SANDI a CAriS fig); sting) ; IS , Overview Legend PPL 3-4387 J^1116. Subject Property E=IPPL13-4387 �___! Desi 3 n Overlay District Boundary ♦ _ _ Plan ing Area FayE tteville 0 0.25 0.5 1 Mles Planning Commissio Agenda Item 2 PPL13-4387 Mclelland Page 7 of 8 PPL13-4387 MCLELLAND Close Up View CABO DR > U ¢ m Y z s Z SUBJECT PROPERTY U K (D M SAGELY LN prrrrrrrrrrrrpr_:_�� . �! aR Legend � j�Glbdti-Use Trail (Existing) Future Trails - - _ Fayetteville City Limits LMWJ�PPI_113-4387 Footprints 2010 - Hillside-Hilltop Overlay District Design Overlay District Design Overlay Di trict 0 125 250 500 750 1,000 ------ Planning Area Feet Planning Commission June 10,2013 Age n a tem 2 PPL13-4387 Mclelland Page 8 of 8 THE CITY OF FAYETTEVILLE,ARKANSAS a e evl le PARKS AND RECREATION DEPARTMENT Y 13 West Mountain Fayetteville,AR 72701 iii P1479)4443471 F(4791521-7714 ARKANSAS TO: Planning Commission FROM: Carole Jones, Park Planner II DATE: May 24, 2013 SUBJECT: Parks & Recreation Planning Commission Comments •t*xr**>k4:�a**>k*************tr>Kr�*:**s***+x*��►e****r►****1:►s*x**+�:>kr*****x*a�>k**x**r***>k** Item: LSP 13-4386 (175 W. MLK Blvd., 523) Park District: SE Zoned: DG, Downtown General Billing Name &Address: Church Street Properties, LLC Mr. Jake Newell, Officer P.O. Box 393 Fayetteville, AR 72702 Parks and Recreation Park Planning staff have reviewed the project and assessed a lot split fee of$920 for each additional lot that will be created for a total fee of$1,840. The current code requires developments to pay fees before the final plat is signed or issuance of building permits for Large Scale Developments or Large Site Improvement Plans.The developer has requested to pay the fee of$1,840 in three equal installments within one year. Section 166.04 (B) (3) (1) (iii) of the Unified Development Code allows for this request with the approval of the Planning Commission. Allowing the fees to be paid in three equal installments will increase the time needed to track and bill the project and collect fees throughout the year; however, staff recommends approval of this request due to the proportion of the fees in relation to the size of the project. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 Planning Commission June 10,2013 Agenda Item 3 ADM 13-4407 Church Properties Page 1 of 4 ADM 13-4407 CHURCH PROPERTIES Close Up View 6TH ST_ 6TH-ST a a SUBJECT PROPERTY Maand,reiFru=R�rtie..•etva—mow= T 1 _ n 'fir _J . r sure �*= � I ett Is. s DM13-4407 - Footprints 2010 = 4. d1.ie4.- l l4^n rhe day District _! Design Overlay D Arict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet Planning Commission June 10,2013 Me,Me item 3 ADM13-4407 Church Properties Page 2 of 4 . D0 . - � - - • Mile View - 1 -9 'B BY ri -4t - v •,•• e •w � � _ 8 J Iv J } field Iii I:i Lj r _ Trail (Exi�ting) .M - k • _ �1 1 Overview _ _ • . / 1 1 1 Planning Commission June 10,2013 Agenda Item 3 ADM 13-4407 Church Properties Page 4 of 4 • T11' aye eve e PC Meeting of June 10, 2013 ARKANSAS 'I IILC11 Y OP 1 AYLY1'LVILLL, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: June 4, 2013 VAC 13-4385: Vacation (867 N. COLLEGE AVE./PINE TREE/BEACON FLATS, 445/446): Submitted by CIVIL DESIGN ENGINEERING for properties located around 867 NORTH COLLEGE AVENUE. The property is zoned DG, DOWNTOWN GENERAL. The request is to vacate two utility easements. Planner: Jesse Futcher Findings: Property: The subject property is located at the southwest corner of N. College and E. Cleburn. A Planned Zoning District (Beacon Flats) was approved on the property in 2004, but was never constructed. However, the easement plat document was recorded, platting two easements that were specific to the development proposal. Since that time the project has expired and the property has been rezoned to Downtown General. Consequently, the owner would like to vacate the casements to allow for an alternative site design. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial C2, Thoroughfare Commercial South Commercial R-O, Residential Office East Commercial C2, Thoroughfare Commercial West Residential RSF-4, Residential Single-family Request: The applicant's original request was to vacate an 8 foot utility easement (Vacation 42) perpendicular to Pollard Avenue and a 20 foot utility easement (Vacation 41) parallel to College Avenue. AT&T, however, is only willing to vacate 10 feet of the existing 20 foot easement. The applicant has revised the request and legal descriptions and is requesting to vacate the 8 foot easement and the western 10 feet of the 20 foot easement(see attached). Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Utilities Department, franchise utilities, and adjacent private property owners, with no objections, except as noted by AT&T. G:\ETC\Development Services Review\20130evelopment Review\13-4385 VAC Beacon Flats/867 College\09 Planning Planning Commission Commission\06-10-2013\Comments and Redlines June 10,2013 Agenda Item 4 VAC13-4385 Pine Tree Page 1 of 18 UTILITIES RESPONSE Ozarks Electric No objections Cox Communications No objections Southwestern Electric Power Company No objections Source Gas No objections AT&T No objections to vacating western 10 feet of existing 20 foot easement. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Transportation No objections Solid Waste No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4385 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: June 10, 2013 Motion: Second: Vote: Notes: G:\ETC\Development Services Review\2013\Development Review\13-4385 VAC Beacon Flats/867 College\09 Planning Planning Commission Coinmission\06-10-2013\Comments and Redlines June 10,2013 Agenda Item 4 VAC13-4385 Pine Tree Page 2 of 18 VIL. D S' l6IV l- hlG`INl- t_• fr,5; IAlU ''' C 1 !,alba !<d+.. Pn,rbc v1A 11. 7-'nl !'Arno J,' •A�h (+lll ld;r f:'�l�,ti i! rill' Imlc ('ill u! Inycnccdlc !'IaFlnin;t('unl3nissiull W Ivlountuin SIrcA 1 AI eltevillc.AR 717111 Phutle 079)575 3267 r:rd W741 575-X2(11 Ito: Revision for request to Vacate Existing kam,nlcul Beacon Mats,rayelteville, AA rayetteville, AR CDE Project No. 1465 hl:]71 Phmning(:nmmissiun Included la a I'evlsed exhibit showing Ilse arca kat the easentelll vacation alone College Avenue acnlss 867 N. College Avenue. 907 N.College Avenue and 905 N College Avenue 'I his revision is bused wl conneuts received from A'I'&'1 rcquesling Ihot a Itl-Fool ease ncal arra be maintained aluug Collcp Avenue. Please let me know if you have nny questions. Sineerely. Ferdi rouric.Y.L. Project Fgeineel PF/I=F Planning Commission June 10,2013 Agenda Item 4 VAC13-4385 Pine Tree Page 3 of 18 ,'vE CIVIL. DE'SIGA1 CNGINEL- R8, /N (: 72.0 Al l edlut Luer. FurrllrrFfle. AR ??%(11 Phare. r-17vr 8)0(?M kax. + !/9h1'ti1r41!? April -x9.2013 City or Fayetteviile PlnnninN Coaunissiar 125 W. Mountain Streot Fayetteville. All 72701 Phone(479)575-8267 Fax !4791575 81.02 Re: Request to Vacate Existing Easement Beacon Flats, Fayetteville,AR Fayetteville,AR CDE Project No. 1065 Dear Planning Commission, A request is hereby made to vacate an existing Wilily easement located actress 807 N. College Avenue, 807 N. College AVC➢UC and 805 N. College Avenue. A previous Large Salle Development was proposed and approved, and a Grading Permit #15957 dated August 25 2005 issued For construction. Although construction was not completed. an Ensement Plat was recorded for the proposed easements based on this design(Mie No.023A-(10000256) Cur ready plans are begin designed for a revised project at the site. Vacating these recorded easements will allow the design team to move forward with a revised layout thin will he Proposed Linde[ a new Large Scale Development. New easements based on the new design will then be recorded as required. Please let me know if you have any questions. Sineerely. Fedi Fourie,P.F. Pniject Engineer FF/Fr; Planning Commission June 10,2013 Agenda Item 4 VAC13-4385 Pine Tree Page 4 of 18 T.JS]p f 58]2]471 587-27-97"E PONT OF BEGI NMG 16 .25' 58T27'47-EN87'2 AA7"W vw. 10.1_7, 1 Oe 'ap 1 o N 1 ,ql n . v o pros� r w w n 0 ola n z 1Fl IINLEAg EMENT VACATION 1 HE ry i0 8E VACATE 2 (±zo87 so. FT.; 0.05 ac) / W ti f3 e POlryi OF BEGINNING 11 ITE A NT A.ATION 2 TO 8E VACATED l� 58]26'5 (±402 SO. FT.) y 10.. 58/TfJ2J/TaT/E/50.2/3' '81427'47"E h NB7'2]47sw �o - 0 50.23 rv'6 n ,o 2 NW 4 Yf / O O / n h I f Z M Nb. 2 In 6 2'38'4411 V I I Q m 1 / n V O /2 r y im u, .Ythli /b W ' LEGEND `/W a EXISTING 3 PROPOSED 1 -- PROPERTY ONE -- ------- EASEMENT LINE ------- a h B GRAPHIC SCALE0 is 30 A N 0.3 N8T2T47"yV NaT27'a7 w~-- ( IN FEET) 1oe,47, 1 INCH =30 FEET �E CIVIL DESIGN ENGINEERS, INC.o..A . :,.., CDE l� 0 A ' 4285 N.SHILOH DRIVE SUITE 110 e`` I FAYETTEVILLE,AR 72703 =CIVILDESIGN%�a'S — PHONE : (479) 856-6111 a U ENGINEERS, i O a N0. DATE REVISION INRhttp:// ww.civilde.com INC. 'q 9,R'',� *1612 SHEET: DRAWN OY: CHECKED BY: '. BEACON FLATS APARTMENTS FEROI FDURIE ESRD,FouRIE '•,��IS„ E�'..` : ,,,,. EXHIBIT-EASEMENT VACATION DWG1065EASMENT.DWG SCALE: DATE: FAYETTEVILLE AR =so' UNE 3,zo13 Planning Commission June 10,2013 Agenda Item 4 VAC13-4385 Pine Tree Page 5 of 18 LEGAL DESCRIPTION—UTILITY EASEMENT 1 A PART OF LOT NUMBERED ONE(1),A PART OF LOT NUMBERED TWO(2)AND A PART OF LOT NUMBERED(3),ALL IN BLOCK NUMBERED TWELVE(12)OF A.L.TRENT'S REVISED PLAT OF CITY PARK ADDITION TO THE CITY OF FAYETTEVILLE,ARKANSAS,AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE ADJUSTED NORTHWEST CORNER OF SAID LOT ONE (1), SAID POINT BEING N87"27'47"W 5.00 FEET FROM THE ORIGINAL NORTHWEST CORNER OF SAID LOT ONE (1); THENCE S87°27'47"E ALONG THE NORTH LINE OF SAID LOT ONE(1) 153.66 FEETTO A POINT ON THE WESTERLY RIGHT-OF- WAY OF COLLEGE AVENUE; THENCE ALONG SAID RIGHT OF WAY S13"07'30"W 8.14 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N87"27'47"W 10.17 FEET TO THE POINT OF BEGINNING;THENCE S13°07'30"W 14.54 FEET;THENCE S16°57'34"W 38.10 FEET; THENCE S17°37'13"W 156.07 FEET, THENCE N87°27'47"W 10.36 FEET; THENCE N17°37'13"E 158.71 FEET;THENCE N16°57'34"E 37.71 FEET;THENCE N13"07'30"E 12.34 FEET;THENCE S87°27'47"E 10.17 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.05-ACRE OR 2,087 SQUARE FEET MORE OR LESS. Planning Commission June 10,2013 Agenda Item 4 VAC13-4385 Pine Tree Page 6 of 18