HomeMy WebLinkAbout2009-07-27 - Agendas - Final lile a e ev
ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Tuesday,July 27,2009,5:30 p.m.
Room 219,City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chair
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Questions&Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you, go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. Please keep
your comments brief,to the point, and relevant to the agenda item being considered so that everyone
has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning
Commission.
2009 Planning Commissioners
Sean Trumbo
Matthew Cabe James Graves
Porter Winston Andy Lack
Christine Myres Jeremy Kennedy
Jim Zant Craig Honchell
eRKAN;lile
TENTATIVE AGENDA
TNNW�� ASAS
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
MONDAY,JULY 27, 2009, 5:30 p.m.
Room 219,City Administration Building
The following items will be considered:
Consent Agenda:
1. Approval of the minutes from the Monday, July 13, 2009 meeting.
Unfinished Business:
2. RZN 09-3344: (ESPINO-MADEWELL/E.HUNTSVILLE,529): Submitted by ERIC
HELLER for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4,
SINGLE FAMILY -4 UNITS/ACRE and contains approximately 0.64 acres. The request is to
rezone the subject property to NC,Neighborhood Conservation. Planner: Jesse Fulcher
New Business:
3. LSP 09-3360: (SUE FROUD/4863 S. DARRELL LN, 875): Submitted by ALAN REID for
property located at W OF 4863 S. DARRELL LANE,N OF LEE FROUD ROAD. The property
is in the Planning Area and contains approximately 160.00 acres. The request is to divide the
subject property into two tracts of 155.00 and 5.00 acres. Planner: Jesse Fulcher
4. CUP 09-3341: (PATHWAY BAPTIST CHURCH,443): Submitted by JEREMY
FLANAGAN,PATHWAY BAPTIST CHURCH for property located at 1338 W. CLEVELAND
STREET. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains
approximately 2.00 acres. The request is for a conditional use permit to allow church use in the
RSF-4 zoning district. Planner: Andrew Garner
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other
pertinent data are open and available for inspection in the office of City Planning(575-8267), 125 West Mountain
Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD,
Telecommunication Device for the Deaf,are available for all public hearings;72 hour notice is required. For further
information or to request an interpreter,please call 575-8330.
Tay�et
PC Meeting of July 27, 2009
hRl<ANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 22, 2009
RZN 09-3344: (MADEWELL/E.HUNTSVILLE,529): Submitted by ERIC HELLER for property
located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.64 acres. The request is to rezone the subject property
to NC,NEIGHBORHOOD CONSERVATION. Planner: Jesse Fulcher
BACKGROUND:
The Planning Commission reviewed a request to rezone the subject property to R-O, Residential
Office on July 13, 2009. The Planning Commission tabled the request to allow the applicant and
staff additional time to discuss other options for rezoning that could allow for office development on
the property, but without rezoning the property to Residential Office.
Property Description: The subject property is located at 3695 E. Huntsville and is currently
developed with one single-family home constructed in 1946. Surrounding properties in this area
consist of single-family residences and undeveloped pastures, although there are several
nonresidential uses periodically found along E. Huntsville Road.
SURROUNDING LAND USE AND ZONING:
Direction from Site Land Use Zoning
North Vacant RSF-4
South Residential/Commercial RSF-4
East Residential/ RSF-4
West Residential RSF-4
Proposal: The applicant proposes to rezone the property from RSF-4,Residential single-family to
R-O, Residential Office.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends approval of the rezoning request to NC,Neighborhood Conservation(RZN 09-
3344 Tammy Madewell)based on the findings stated herein.
K lkeportal20091PC Reporall 7-July 2ARZN 09-3344(TammyMadeivell)#2.doc
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
.Page 1 of 16
PLANNING COMMISSION ACTIONr: Required YES
Date: July. 27, 2009 O Tabled O Forwarded O Denied
Motion: Second- Votes'
CITY.COiTNCIL ACTION: Required YES
O Approy. 'd O Denied
Date•
INFRASTRUCTURE:
Streets: The site has access to Huntsville Road,which is a two-lane paved state highway. Street
improvements would be evaluated at the time of development.
Water: Public water is available to the property. There is an 8" main on the north side of
Huntsville Road. A water main may need to be extended through the property to provide
domestic and fire flow for any proposed development.
Sewer: Sanitary sewer is available to the site. There is a 12"public main running through the
property.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100-year floodplain.
Police: It is the opinion of the Fayetteville Police Department that this RZN will not substantially
alter the population density,and will not create an appreciable or undesirable increase in
the load on police services. The extent of any added traffic congestion will depend on the
type of business.
Fire: This property will be covered by Engine#3 located at 1050 S.Happy Hollow. It is 1.75
miles from the station with an anticipated response time of 4 minutes. The Fire
Department does'not feel that this rezoning will affect the calls for service or response
times.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this
site as Residential Neighborhood Area,which are almost exclusively residential in nature. These zones
recognize conventional subdivision development but encourage traditional neighborhood development
that incorporates low-intensity non-residential uses.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use planning
objectives,principles, and policies and with land use and zoning plans.
K.IReporisL7009WC Reports U7-July 2ARM 09-3344(TammyModwvel[)#2.doc
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 2 of 16
Finding: Staff finds the proposed Neighborhood Conservation zoning to be consistent with
the Residential Neighborhood Area land use designation,which almost exclusively
supports residential land uses. A low intensity non-residential land use could also be
permitted by conditional use permit,which would provide staff and the Planning
Commission the ability to review a specific project to ensure compatibility with
surrounding properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The subject property has been utilized for a single-family residence for
approximately 60 years,although it is currently vacant and for sale. A rezoning to
Neighborhood Conservation would allow the applicant to continue using the existing
single-family residence, or redevelop the property for a two-family dwelling.
Additionally, the applicant could request a conditional use permit through the
Planning Commission for a three-family dwelling,or a low intensity non-residential
use. In staffs opinion,the Neighborhood Conservation zoning district provides a
greater opportunity for redevelopment of this property,while retaining protections
and compatibility of land use with adjacent and nearby properties through the
zoning regulations.
3. A determination as to whether the proposed zoning would create or appreciably increase traffic
danger and congestion.
Finding: A rezoning from RSF-4 to Neighborhood Conservation could result in the potential
for a slight increase in traffic compared with that allowed under the existing zoning.
The degree to which the change in zoning would affect existing traffic conditions on
Huntsville Road,which is a busy state highway,would depend on the size of the new
development and the associated uses. A greater number of turning movements into
and out of the property could lead to increased congestion along Huntsville Road.
Access to the site will be reviewed in accordance with the City's adopted standards
at the time of development and may include shared and cross access points.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and sewer
facilities.
Finding: Staff finds that the proposed zoning would not create undesirable impacts to public
services, or a residential density that is incompatible with the surrounding area,
based on a review of infrastructure, existing land uses, and the development
potential of the property. The property is currently zoned for single-family
dwellings. The change in zoning to Neighborhood Conservation will continue to
allow for residential use of the property, and provide an opportunity for a low
intensity nonresidential land use.
Increased load on public services were taken into consideration and
recommendations from the Engineering,Fire,and Police Departments are included
in this report.
K lReporte OMPC Reports U7-Iuly271RZN09-3344(TammyMademll)#2.doe "
_ July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item -
Page 3 of 16
5. If there are reasons why the proposed zoning should not be approved in view of considerations
under b (1) through (4) above, a determination as to whether the proposed zoning is justified
and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under its
existing zoning classifications;
b. There are extenuating circumstances whichjustify the rezoning even though
there are reasons under b (1)through(4)above why the proposed zoning is
not desirable.
Finding: Staff finds it is not impractical to utilize the property for the existing use,as
similar uses are found along Huntsville Rd. in the nearby vicinity, including
those directly surrounding. However, the Neighborhood Conservation zoning
district provides a greater opportunity for redevelopment,which in staff's
opinion,would be a desirable change given the current condition of the structure
on the property.
K.IReports1200APC Reports U7-July 271RZN 09-3344(TammyMadewel(J#2.doc
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 4 of 16
`
'
�
From: "Eric" <erch@hgnooi.00no>
To: ...Jesse Fu|cher" <jfu|cher@oi.fyyetteviUe.acuo>
CC: "7anonoy~ <eopinot@vahnu.uuno>
Date: 7/ 6/20003:50PM .
Subject RE: EapinoRezoning (Out ofthe office)
Jesse,
Please re-state our intention torequest anRSF'4CNzoning
request. Please send noeecopy ofthe regnthat are attached tu /
this....
Eric Heller
129VV. Boles Apt A
Fayetteville, Ar. 72701 �
1`479-387-4361 �
"WHEN YOU WANT YOUR PROJECT DONE RIGHT 0NTIME" f
�Original Message___ �
Frnno: JeuueFulcherknaiKuifulcher@o.hayo8avi||o.acua]
Sent: Monday, July 13' 2O093:30PyN
To: ehdl@honoui.cum �
Subject: RE: EooinoRezoning (Out ofthe office)
' Ehn' �
| wanted tomake sure that you had received ecopy ofthe staff report
and were aware that staff was not supportive ofthe rezoning request.
Please let noeknow ifyou have any questions before the meeting tonight.
Thonko' Jeoae
x`> <erich@hgnnci.com>0/24/20094:20PWY ''>
Jesse,
Here ioarevised legal description for the rezoning nfthe
MadevveU/Eopinnprnperty. |f| remember correctly, you said | donot
need tobeotthe subdivision meeting aothere iureally nothing tn '
discuss.
|fyou have any questions please let meknow. | will beout until the �
6th ofJuly ooplease call with any concerns.
| really can't see any problems arising though.
Have agreat fourth. .
�
Eric Heller ^
129VV. Boles Apt A
Fayetteville, Ar. 7270l �
1'479-387~4301 �
"WHEN YOU WANT YOUR PROJECT DONE RIGHT ONTIME"
-----Original Message--'
`
`
July 27,2009
Planning Commission
\ nzwo*-3o*4coPx*wauowon
Agenda Item 2
Page 5x|16
------- ----
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone(479)575-8365 Fax(479)575-0471
To: Karl Lintvedt, Dara Sanders, Andrew Garner, Jeremy Pate, and
Jesse Fulcher
From: Captain Mark Stevens
Date: July 9, 2009
Re: RZN 09-3344 (ESPINO-MADEWELL / HUNTSVILLE, 529):
This development will be protected by Ladder 3 located at 1050 S. Happy Hollow.
It is 1-75 miles from the station with an anticipated response time of 4 minutes to the beginning of the
development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our
response times.
If you have any questions please feel free to contact me.
Mark Stevens
Captain
Fayetteville Fire Department
Honor,Commitment,Courage, July 27,2009
Our people make the difference! Planning Commission
RZIN 09-3344 Espino-Madewell
Agenda Item 2
Page 6 of 16
1
Date 6/22/09
Jeremy Pate
Zoning and Development Director
City of Fayetteville
113 W. Mountain
Fayetteville, Arkansas 72701
Dear Director Pate,
This document is in response to the request comments on the proposed RZN 09-3344:
(Espino-Madewell /Huntsville, 529),submitted by Eric Heller for property located at
3695 E. Huntsville Road.
It is the opinion of the Fayetteville Police Department that this RZN will not alter the
population density, and will not create an appreciable or undesirable increase in the load
on police services. The extent of any added traffic congestion will depend on the type of
business that opens there.
Sincerely,
Captain William Brown
Fayetteville Police Department
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 7 of 16
RZN 09-3344:(ESPINO-,.tADEWELL /HUNTSVILLE, 529): submitted by ERIC HELLER
for property located at 3695 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.64 acres. The request is to rezone the
subject property to R-O, Residential Office. Planner: Jesse Fulcher
Public water is available to the property. There is an 8"main at on the north side of Huntsville
Rd. Public water may need to be extended through the property to provide domestic and fire
flow for any proposed development.
Sanitary sewer is available to the site. There is a 12"public main running through this property.
Public mains may need to be extended through the property to serve any proposed development.
The site has access to Huntsville Rd. Huntsville is a two lane paved state highway in this
location. Street improvements will be evaluated with development submittal.
Standard improvements and requirements for drainage will be required for any development.
This property is not affected by the 100-year floodplain.
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 8 of 16
City Of Fayetteville
ATTN: Planning Division
125 W. Mountain St
Fayetteville, AR 72701
RE: Re-Zoning Application
ADDRESS: 3695 E. Huntsville Rd
Parcel Id: 765-142243
To Planning Commission,
Please find the attached responses to the concerns in question five regarding the rezoning of the
property at 3695 E. Huntsville Rd.
A. Current ownership information and any pending property sales.
• The 0.64 acres of property is currently on the market with a pending contract to be
sold from Sharon Ogden Franklin, to Tammie Madewell pending the planning
commission's acceptance to re-zone the property
from Rsf-4 to R-0 (residential-office).
B. Reason for requesting the zoning change.
• As stated above the sale is pending upon the approval for Tammy Madewell to be
able to tear down the existing structure as it is of no value, and clean up the lot
and build a small real estate office. This zoning request falls under
Section 161-16(B)(25).
C. How will the property relate to the surrounding properties in terms of land use, traffic,
appearance, and sign-age.
• The 0.64 acres of property located just west of the White river is located directly off
Highway 16 with 110' of frontage access. As witnessed by the development that's
sprawling towards Elkins a small real estate office would be a benefit to the area.
The proposed building would be a small real estate office for a company with only 4
agents and 1 broker and who have been in business for approximately 5 years with
no change in size. These agents mostly work from home as well. If approved the
office will be used mostly for 2 secretaries to do clerical and accounting work.
Thus, this approval would have no significant impact on the existing traffic along
Highway 16.
• Existing property along Highway 16 just east of this property is currently zoned
both R-0 and C-1. Thus this is not a significant re-zoning of the property.
• The existing building on the property is of no value to the sale. If approved Tammy
Madewell plans to submit a large scale development through the City of Fayetteville
to construct the new office at which time the property will be re-surveyed and the
appropriated 55' from centerline will be deeded to the City of Fayetteville as well.
D. Availability of water and sewer to the property.
• There is existing water service serving the property, with an 8" water line running
along Highway 16. There is also access to existing sanitary sewer line running
along the South side of the property line. With the size of the existing lines the
proposed re-zoning will have no impact on either utility.
July 27,2009
Planning Commission
RZIN 09-3344 Espino-Madewell
Agenda Item 2
Page 9 of 16
In recapping the project highlights we will be:
• Improving the existing property and community
• Construction of a brand new facility
• Donating ROW along Huntsville Rd. to the City of Fayetteville
• Absolutely no negative impact to the surrounding community
Respectfully,
Eric Heller
HELLER CAD CONSULTING
129 W. BOLES ST. FAYETTEVILLE, AR 72701
PH 1.479.387.4361
F)(:1.479.527.6421
July 27,2009
Planning Commission
RZIN 09-3344 Espino-Madewell
Agenda Item 2
Page 10 of 16
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Agenda Item
Page 11 of 16
LEGAL DESCRIPTION:
PART OF THE SOUTHWEST QUARTER(SW '/4) OF THE SOUTHEAST QUARTER
(SE '/,) OF SECTION THIRTEEN (13), IN TOWNSHIP SIXTEEN (16)NORTH OF
RANGE THIRTY (30) WEST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: BEGINNING AT A POINT 43.5 FEET WEST OF THE
SOUTHEAST CORNER OF SAID 40 ACRE TRACT, AND RUNNING THENCE
NORTH 060 EAST 234.54 FEET TO AN IRON STAKE ON THE SOUTH LINE OF
THE RIGHT OF WAY OF STATE HIGHWAY #16, THENCE NORTH 70°30' WEST
ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY 110 FEET TO
AN IRON STAKE, THENCE SOUTH 7° WEST ALONG AN EXISTING FENCE
LINE 272 FEET TO THE SOUTH LINE OF SAID FORTY ACRE TRACT (SAID
POINT BEING 229' EAST OF THE SOUTHWEST CORNER OF A FIVE ACRE
TRACT CONVEYED TO MRS. NOLA E. THOMAS BY G.A. LAWSON AND ALLIE
LAWSON, HIS WIFE, SAID DEED RECORDED IN THE RECORD BOOK 338 PAGE
392), THENCE EAST 112.5 FEET TO THE POINT OF BEGINNING, CONTAINING
0.64 ACRES, MORE OR LESS, SUBJECT TO ANY AND ALL EASEMENTS.
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 12 of 16
RZN09-3344 ESPINO-MADEWELL/ E. HUNTSVILLE
Close Up View
SUBJECT PROPERTY
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Overview
0 37.5 75 150 225 300 July 27,2009
Feet Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 13 of 16
RZN09-3344 ESPINO-MADEWELL/ E. HUNTSVILLE
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a July 27,2009
M i l eS Planning Commission
II
Agenda Item 2
Page 14 of 16
RZN09-3344 ESPINO-MADEWELL/ E. HUNTSVILLE
Future Land Use
SUBJECT PROPERTY
Overview
0 37.5 75 150 225 300 July 27,2009
Feet Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 15 of 16
July 27,2009
Planning Commission
RZN 09-3344 Espino-Madewell
Agenda Item 2
Page 16 of 16
PC Meeting of July 27, 2009
w
ARKANSAS��
125 W. Mountain St.
TIE CITY OF FAYETTEVILLE, ARKANSAS Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Development Services
DATE: July 27, 2009
LSP 09-3360: Lot Split (SUE FROUD / 4863 S. DARR-ELL LN, 875): Submitted by ALAN
REID for property located at W OF 4863 S. DARRELL ROAD, N OF LEE FROUD ROAD.
The property is in the Planning Area and contains approximately 160.00 acres: The request is to
divide the subject property into two tracts of 155.00 and 5.00 acres. Planner: Jesse Fulcher
Findings:
Property: The 160-acre property is located within the Planning Area at 4863 S. Darrell Road,
approximately one mile east of Drake Field. The property is currently developed with several
agricultural buildings and two single-family homes. The proposed 5-acre tract has access to the
public right-of-way through an access easement that covers an existing driveway.Surrounding
land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
from Site
North Rural residential/Agricultural Planning Area
South Rural residential/Agricultural Planning Area
East Rural residential/Agricultural Planning Area
West Rural residential/Agricultural Planning Area
Request: The applicant requests to subdivide the 160-acre tract into two tracts of five and 155
acres. A variance from Chapter 166.08(I)(1) is required to allow a lot to be created within the
Planning Area without 75' of frontage on a public street.
Right-of-way dedication: Sufficient right-of-way (50') exists for Lee Froud Road to meet the
minimum requirements of the Master Street Plan. However, additional right-of-way may be
required to meet the minimum requirements of Washington County. Washington County
approval is required prior to recordation.
Water/Sewer: Public sewer service is not available in the Planning Area. Mount Olive Water
Association provides water to this area and will service the new residence that is proposed to be
constructed on the 5-acre tract.
July 27,2009
K.lReporlsl20MPC ReportsW-July 2TLSP 09-3360(Sue Froud 4863 Darrell Ln).doc Planning Commission
LSP 09-3360 Froud
Agenda Item 3
Page 1 of 8
Recommendation: Staff recommends approval of LSP 09-3360 with the following
conditions:
Conditions of Approval:
1. Planning Commission determination of a variance from Chapter 166.08(I)(1) to allow the
property to be created without 75' of frontage on a public street. Staff recommends
approval of the request finding that the addition of one single-family home within the
existing 160-acre family owned property will not create a dangerous traffic situation, nor
adversely increase the density of the property.
7/16/09: THE SUBDIVISION COMMITTEE FOUND IN FAVOR OF THE REQUESTED
VARIANCE.
2. The applicant shall obtain approval from the Washington County Planning Department
prior to recordation of the lot split. Additionally right-of-way dedication may be
required.
3. An access easement shall be dedicated, as indicated on the plat, to cover the area of the
driveway located outside of the existing access easement.
4. Provide two points in state plane coordinates.
Standard Conditions:
5. Submit a copy of the revised lot split plat for Planning Division review prior to
recordation.
6. 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).
7. This lot split must be filed of record within one year from the date of approval or the
approval is rendered null and void.
Planning Commission Action: O Approved O Denied O Forwarded
Motion:
Second:
Vote:
Meeting Date: July 27, 2009
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without
exception by the entity requesting approval of this development item.
Signature Date
July 27,2009
K:IReports120091PC Reports117-July271LSP 09-3360(Sue Fraud 4863 Darrell Ln).doc Planning Commission
- LSP 09-3360 Froud
Agenda Item 3
Page 2 of 8
Alan Reid
& ASSOCIATES
PROFESSIONAL
LAND
SURVEYORS
BOUNDARY
TOPO
GPS
June 18,2009
City of Fayetteville
Planning&Engineering "
113 West Mountain Street
Fayetteville,`Arkansas 72701"
To V1hom it May Concern:
On behalf of my client,Sue Froud, la msubmitting for your review, a proposed tract split of the
property located at 4863;S. Darrell Lane,Fayetteville,Arkansas. Mrs. Froud would like to split five
(5) acres off the one hundred sixty,(160)acre parcel and deed it to her son,Kevin Froud. This
property lies outside the Fayetteville city limits but within the planning area. There is an existing
sixty(60)foot wide easement running from Lee Froud to the proposed Five(5) acre tract. Thank "
you for your consideration in this request.
Bet egar� s,
:Reid
Professional Land Surveyor
July 27,2009
118 S College Avenue Fayetteville, Arkansas 72701 479 444 8784 1 888:549 8784 Fas ' ryd$n
Agenda Rem 3F." "-
Page 3of8 ". ,.
/\ Alan Reid
& ASSOCIATES
PROFESSIONAL
LAND
SURVEYORS
BOUNDARY
TOPO
GPS
July 8, 2009
Jesse Fulchcr
City of Fayetteville
Planning&Engineering
Fayetteville,Arkansas 72701
Re: Variance Request
Dear Jesse,
On behalf of my client, Sue,Froud, I am submitting for your consideration, a variance
request for the road frontage requirement as set out in the development code for the City
of Fayettevillle. Access to the property will be over and across an existing sixty(60)foot
wide access easement previously'approved by the County:
Alan Reid .
ProfessionalLand Surveyor
Arkansas Registration 1005
July 27,2�0,09
PI
118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 1 888 549 8784 Re e�n
Agenda Item 3-
Page 4 of 8
07/15/2009 13:08 15016432869 ATOLIVEWATER PAGE 02
Mount Olive Water Association
10787 Hwy 16
Elkins. Arkansas 72727
479-643-2324
479-643-2869
m.toli.vewate.r@windstre.am.net..
July 15, 2009
To Whom It May Concem,
After careful review it is the decision of this office that Mount
Olive Water will be able to provide water service to Kevin
Froud at 570 Froud Road .
RayAnC 'Y'
R
, Mana er
July 27,2009
Planning Commission
LSP 09-3360 Froud
Agenda Item 3
Page 5 of 8
LSP09-3360 SUE FROUD
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July 27,2009
Miles Planning Commissi n
Agenda Item 3
Page 6 of 8
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0 325 650 1,300 11950 2,600 July 27,2009
Feet Planning Commission
LSP 09-3360 Froud
Agenda Item 3
Page 7 of 8
July 27,2009
Planning Commission
LSP 09-3360 Froud
Agenda Item 3
Page 8 of 8
fiRKA NSAS
Taye I
PC Meeting of July 27, 2009
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE
Fayetteville,(479 57 72701
Telephone:(4791575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Gamer, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: July 27, 2009
CUP 09-3341: (PATHWAY BAPTIST CHURCH, 443): Submitted by JEREMY
FLANAGAN, PATHWAY BAPTIST CHURCH for property located at 1338 W. CLEVELAND
STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 2.00 acres. The request is for a conditional use permit to allow church use in the
RSF-4 zoning district. Planner: Andrew Garner
BACKGROUND:
Property Description and Background: The property is located at 1338 West Cleveland, just
north of the intersection of Razorback Road and Cleveland and across the street from the
University of Arkansas campus. The site contains a single family home and is zoned RSF-4,
Residential Single Family Four Units/Acre. The site contains two acres, although it should be
noted that the applicant, Pathway Baptist Church, indicated that they only lease the house and
immediate surrounding yard, and do not have access to the property behind the house which is
accessed through a locked gate. The open fields behind the house are not currently utilized
except for Razorback football game parking, which is not managed by or operated by Pathway
Baptist Church. The site is surrounded by single family residences to the north, east, and west,
and a student dormitory to the south. Surrounding zoning and land use is depicted in Table 1.
Table 1
Surrounding Zoning and Land Use
Direction Land Use Zoning
North, East, West Single family residential RSF-4
South Student dormitory P-1, Institutional
Proposal: The applicant utilizes the property primarily as a residence for three students which is
a use permitted by right in the RSF-4 district, and proposes to operate a campus ministry out of a
portion of the house. As indicated in the attached correspondence from the applicant, the
description of the campus ministry operation and the overall property is as follows:
K.IReports120091PCReportsll7-July271CUP 09-3341(PathivayBaptist.Church).doc
July 27,2009
Planning Commission
CUP 09-3341 Pathway Baptist Church
Agenda Item 4
Page 1 of 50
■ Primary use will be as a residence for 3 college students.
1,443 square feet of the 2,451 square foot residence to be used for various church
ministries as follows:
o Weekly lunch on Thursdays.
o Small group Bible studies.
o Student lounge for on-campus students to use as a place of study or lounge (12
PM—4 PM Mondays through Thursday).
o Special fellowship activities such as tailgating, barbeques, etc. (maximum of 14
activities in one year).
Parking: A maximum of 4 vehicles are proposed to be permitted to park on the property
in the existing driveway to accommodate the 3 residents and 1 ministry staff member.
Parking of more than 4 vehicles is not proposed.
Request: The applicant requests approval for a conditional use allowing church ministry use.
Church use and private lodge/facility is listed under Use Unit 4, Cultural and recreational
facilities, and requires a conditional use permit as this site is zoned RSF-4.
Public Comment: Staff has received emails and/or letters from five residents in the neighborhood
opposed to the proposed conditional use discussing issues such pedestrian safety, increased
traffic, traffic safety and neighborhood compatibility. This correspondence has been included
with this staff report.
RECOMMENDED MOTION:
Staff recommends approval of a Conditional Use Permit to allow for church ministry uses
as described by the applicant and staff within this report subject to the following conditions'
of approval:
Conditions of Approval:
1. The conditional use permit for church ministry on the property shall be limited to
the nature and intensity as described in the application and as recommended by
staff throughout this report as follows:
a. Primary use will be as a residence for no more than 3 unrelated persons, in
accordance with the RSF-4 zoning district regulations.
b. 1,443 square feet of the 2,451 square foot residence may be used for various
church ministries as follows:
i. Weekly lunch on Thursdays from 11 AM— 1 PM.
ii. Small group Bible study once per week.
iii. Student lounge for on-campus students to use as a place of study or
lounge (12 PM—4 PM Mondays through Thursday).
iv. Special fellowship activities such as tailgating, barbeques, etc.
(maximum 2 activities per month not to exceed 14 activities per year;
this includes activities such as Razorback games - all gatherings
K.Weportsl20091PCReportsll7-July271CUP09-3341(PathwayBaptist Church).doc
July 27,2009
Planning Commission
CUP 09-3341 Pathway Baptist Church
Agenda Item 4
Page 2 of 50