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Home My WebLink About2003-04-28 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be 03 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: .ConsentAgenda: Approval of minutes from the April 14,2003, meeting. 1. VAC 03-08.00: Easement Vacation (Wallace,pp 295)was submitted by Johnny Hardcastle on behalf of Terry and Cindy Wallace for property located at 3704 Chatsworth Road. The property is zoned R-1, Low Density Residential and contains approximately 0.41 acres. The request is to vacate a portion of a utility easement along the eastern side property line for a swimming pool. 2. VAC 03-07.00: Drainage Easement Vacation (Bencor,pp 523)was submitted by Geoffrey Bates of Keystone Consulting Engineers on behalf of BENCOR for property located at the northeast corner of 6t' Street and S. School Avenue. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a 318 s.f drainage easement. New Business: 3. ADM 03-11.00: Administrative Item (Harris,pp 370)was submitted by Judy Harris for property owned by Ray&Linda Plack and located at 1997 Greenview Avenue. The property is zoned R-1, Low Density Residential and contains approximately 1.15 acres. The request is to appeal certain conditions of approval for CUP 03-8.00: Conditional Use (Harris,pp 370) allowing a child care facility in R-1 (Use Unit 4). 4. CUP 03-11.00: Conditional Use (Church of the Nazarene,pp 286)was submitted by Craig Hull and Nathan McKinney on behalf of PD Properties, LLC for property owned by the NWA District Church of the Nazarene located at 2434 Deane Solomon Road. The property is zoned R-2,Medium Density Residential and contains approximately 2.00 acres. The request is for a professional office for chemical engineers in the R-2 zoning district. 5. "TABLED BY APPLICANT" CUP 03-12.00 Conditional Use(Butterfield Trail Village,pp 175) was submitted by Kevin Yates of CEI Engineering Assoc., Inc. for property located at 1923 Joyce Blvd. The property is zoned R-2, Medium Density Residential and contains approximately 45.75 acres. The request is for a nursing home/convalescent home in the R-2 zoning district(use unit 4) for the addition of a 22,347 square foot Alzheimer's care unit. K.UGENDAWC1200314-28-03.doc 6. "TABLED BY APPLICANT" LSD 03-15.00: Large Scale Development(Butterfield Trail Village,pp 175) was submitted by Kevin Yates of CEI Engineering Associates,Inc. on behalf of Butterfield Trail Village for property located at 1923 Joyce Boulevard. The property is zoned R-2, Medium Density Residential and contains approximately 45.75 acres. The request is for the addition of a new 22,347 square foot Alzheimer's care unit with 34 additional parking spaces proposed. 7. LSD 02-26.10: Large Scale Development(WRMC Medical Arts Pavilion, pp 251) was submitted by Peter Nicrengarten of US Infrastructure, Inc. on behalf of Washington Regional Medical Center for property located at 3215 N.North Hills Blvd. The request is to alter the approved large scale development to include a reconfiguration of parking and an alteration of the building facade. 8. LSD 03-10.00: Large Scale Development(Campus Properties,pp 520)was submitted by Mel Milholland of Milholland Company on behalf of Campus Properties for property located north of Stone between Cross and Lewis. The property is zoned R-2, Medium Density Residential and contains approximately 3.74 acres. A 78 unit apartment complex with 86 bedrooms and 114 parking spaces proposed. 9. C-PZD 03-2.00: Planned Zoning District(Lowe's,557/596)was submitted by Lance Mills of Ozark Civil Engineering, Inc. on behalf of Lowe's Home Centers, Inc. for property located at the southwest corner of Finger Road and Highway 62. The property is zoned C-2, Thoroughfare Commercial, R-O, Residential Office, and R-2, Medium Density Residential containing approximately 21.53 acres. The request is for a Commercial Planned Zoning District for a Lowe's Home Center containing 13.9 acres (133,532 sq.ft. building) and a retail lot containing 6.05 acres (53,876 sq ft building) with lot splits to create a 1.3 acre parcel and a 4.59 acres parcel of tree preservation. 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. KA4GENDAIPC1200314-18-03.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 K.WGENDAWP 200314-28-03.doc VAC 03-08.00 Page I PC Meeting of April 28, 2003 FAYETTEVILLE TBE CITY OF FAYETTEVILLE,ARKANSAS - 113W. Mountain St. Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Dawn Warrick,AICP.Zoning&Development Administrator FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: April 24,2003 Project: VAC 03-8.00: Vacation (Wallace), pp 295 was submitted by Burton Pools & Spa on behalf of Cindy and Terry Wallace for property located at lot 98 of Covington Park(3704 Chatsworth). The property is zoned R-1. The request is to vacate a portion of a drainage easement. Findings: See the attached maps and legal descriptions for the exact locations of the requested drainage easement vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric No Objections. AEP/SWEPCO No Objections Arkansas Western Gas No Objections SW Bell No Objections. Cox Communications No Objections. City of Fayetteville: Water/Sewer No Objections Street Department No Objections Solid Waste No Objections April 28,2003 Planning Commission VAC 03-8.00:Wallace Page 1.1 VAC 03-08.00 Page 2 Engineering No objections—Only the portion where the pool is to be constructed should be vacated. Recommendation: Approval of the proposed drainage easement vacation 03-8.00 subject to the following conditions. Conditions of Approval: 1. Any relocation of existing utilities will be at the owner's expense. 2. Only the portion where the pool is constructed shall be vacated. PLANNING COMMISSION ACTION: _yes Required Approved Denied Date: CITY COUNCIL ACTION: ves Required Approved Denied Date: April 28,2003 Planning Commission VAC 03-8.00: Wallace Page 1.2 04/23/03 WED 15:42 FAX 4797565511 BURTON POOL SPA Q002 04/23/2003 01:34 479-0E202 Eh1GIFIEEP.IPJG PAGE 02 i UTILITY EAsNzNT VACATION PETITION PETITION TO VACATE A UTLIlTI'EASEMENT LOCATED IN LOT 98 OF THE COVENGTOT' P_9RR SURMPYSION,CITY OF FAYETTEVUAX,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,4e undersigned,being all the owners of the mal estate abuttma the easen enrheremafter sought to be abandoned and vacated,lying in log 98 of the Covington Park Subdivision,City of Fayeue%ille,Arkansas,a municipal corporation,petition to vacuo a easement which is described as follows: TIM MOST EASTERLY IMUR FEET(4)OF A NTY FOOT(20') WIDE DEDICATED UTHPY EASE MIST RUNS NORTH AND SOUTH ALONG THE WEST PROPERTY OF LOT 98 OF THE COVINGTONPARK SUBDIVISION TO TIM CITY OF FAYETTEVII LE,WASHINGTON COUNIY,ARKANSAS,ALSO KNOWN AS 3704 CHATSWORHT ROAD. That the abutting real estate affected by said abandonmentred robe acare8 x em is lot Y8 ofrhe Fayette lle use Covington du ark Subdivision of each adjoinging lot to rhe area reguec jpublic for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment ofthe portion of rite above described easement, The petitioners pray that the City of Fayetteville,ATk=sas,abandon and vacate the above descabed real estate,subject,however,to the existing utility easements and sewer easements as required,and dtatthe above described real estate be used for their respecrive benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE the undersigned petitioners respeuriirdy ,pray that the governing body of the City of Fayetteville,Arkansas,abandon and vacate the above desrn'bed real estate,subject to said utility and sewer . easements and that tide to said real estate sought to be abandoned be vested m the abuuing.properry owners as provided by law,and as to that particular land the owners be frac from the easements of the public forthe use of said alley. Dated this_day of yy 19_ printed frame Sign printed natty_ April 28,2003 Planning Commission VAC 03-8.00:Wallace Page 1.3 U5 4 UZ 11:OG: C5 - 75E28c5 110.010 DU_ C3J6JjIQJ,1641� - p. RIO 1 CSI� pM �I (� .� NOKRt65.00 65 72:O9 1 _ITCHFIELD LANE I I I I^ ( Q � Qgm' Vr j I J93 Q p E I I _/grtm J L Nolzrn 'vOrtn'-3 a 1 193_ I I —8-3.2—V !63-3a a90.on ^v, C'n ...s I ( N 1 HQSE Ill cr I 1 1 1 1 I t.Jt �v N '; 1y w - I II 1 ! 1 1 V7 1 1 1 - I � arv8cs.5Z I I - L—.-- -- J Let .JJ 4 ----I a ----- -- 10° 1059.9 Dreg VERY LANE 100.02 Z&IYI g9_ -- _ I--- sZ -i 8 , t w i g I I& 00 1 1 J Y I I 193 57 OhoNORM $I 176.66' 1 Un 1 Ln 81 _ WOATIt 01 c.n oI f ££1 YI �p April 28,2003 ' tt'fl g Commission lQ -8.00: Wallace Page 1.4 �I77 CC, �9 1 L , !• v J ar o � f o. G2" '- r 1113, 02 Iv i t S6 � I 1 i I April 28,2003 Planning Commission q 2 VAC 03-8.00:Wallace Ir. Page 1.5 VACo View o WALLACE One Milea View : R-2 !R-1.5 a. - aea11SGENA`I ._! R A sYS.;iI„ti'h z; 3 _.. . . 1:73 R 1 R 1 CdA 1 - Rai - ti A-1" A l 1 I _ $1 SUBJECT PROPERTY tri :. _ s�nenl oR r -I Rr7 ��21R YR 1 RA ti AStttEY .. R-1 X 8 4 k '� - 4 xa R -R-1 f -i 6 - IS - if j R-1,' L M'A,DISON OR - R}r SETh85{ �i l c A-t r Overview r-a Legend Boundary Subject Property . Master Street Plan F� rPl - ,,:!" VACO&08.00 �q11� Planning Area �' ey area ay �. �00000 Overlay District Pnndpel Arsenal Streets Mina Amnal L- II S, F,nsnne L__I City Limits i�.cdiwc Planned! Outside City �� niarwicconeuar April 28,2003 0 0.1 0.2 0.4 0.6 0.g Planning Commission Miles VAC 03-8.00:Wallace VAC03-08.00 WALLACE Close Up View .... - w t _,rI ?} RFS SON E `•. cl r_ t s - l@aWOOlI WAY _iFAWOOQWAY"0 ' r " ...... t SUBJECT PROPERTY - - .r.... �7 SpOF'4H R9 --- --�CMATSw4RTHR4 .. CHATSWORTH i l x, t .......... TOWNSHIPSY lD SHfP ST - Overview Legend Boundary Subject Property P "+,.,Planning Area Master Street Plan VAC03-08.00 P000� Freeway/Expressway a �00000°Overlay District Principal Arterial Streets L_ I City Limits ,—; Minor Arterial E)dsting `_Outside City Collector � Planned ee� April 28,2003 .. .. .�.:-� _. . * Historic Collector -_ _. 0 75 150 300 450 600 Planning Commission Feet VAC 03-8.00: Wallace Page 1.7 VAC 03-07.00 Page I PC Meeting of April 28,2003 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St :Fayetteville,AR 72701 TO: Fayetteville Planning Commission Members THRU: Dawn Warrick,AICP.Zoning&Development Administrator FROM: Sara Edwards,Associate Planner Matt Casey P.E. Staff Engineer DATE: April 24,2003 Project: VAC 03-7.00: Vacation (BENCORE), pp 523 was submitted by Keystone Consultants on behalf of BENCORE for property located at the northeast corner of Sixth and School. The property is C-2. The request is to vacate a drainage easement. Findings: See the attached maps and legal descriptions for the exact locations of the requested drainage easement vacation. No objections from the adjacent property owners have been submitted to the City. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric NA AEP/SWEPCO No Objections—Any relocation of existing facilities will be at the owner's expense. Arkansas Western Gas No Objections SW Bell No Objections. Cox Communications No Objections. City of Fayetteville: Water/Sewer No Objections Street Department No Objections Solid Waste No Objections April 28,2003 Planning Commission VAC 03-7.00:BENCORE Page 2.1 VAC 03-07.00 Page 1 Engineering No objections—A new drainage easement needs to be dedicated 10' on each side of the proposed storm sewer. Recommendation: Approval of the proposed drainage easement vacation 03-7.00 subject to the following conditions. Conditions of Approval: 1. Any relocation of existing utilities will be at the owner's expense. 2. Dedication of a drainage easement a minimum of 10' on each side of the proposed storm sewer through the site? PLANNING COMMISSION ACTION: ves Required Approved Denied Date: CITY COUNCIL ACTION: ves Required Approved Denied Date: April 28,2003 Planning Commission VAC 03-7.00:BENCORE Page 2.2 PETITION for ALLEY VACATION PETITION TO VACATE A drainage easement LOCATED IN (loth & 7, block 10, Ferguson's Addition), CITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the(drainage easement,)hereinafter sought to be abandoned and vacated,lying in(lot.$ 6, 7&8, block 10,Ferguson's Addition),City ofFayetteville,Arkansas,a municipal corporation,petition to vacate a drainage easement which is described as follows: Drainage Easement Descrivtion 1 A part of lots 7 and 8,Block 10 of Ferguson's Addition to the City ofFayetteville,Arkansas,as per plat ofsaid subdivision recorded in Book 4 at page 203 in the Office of the Circuit Clerk of Washington County Arkansas and being more particularly described as follows: Commencing at the Southeast comer of said Lot 7 and running North 01°07'58" East—25.77 feet to the Point of Beginning;thence leaving the East line of Lot 7 and running North 89°32'44"West—7.72 feet;thence North 00°27'16"East— 40.00 feet;thence South 89°32'44"East 8.19 feet to a point on the East line of lot 8;thence South 01007'58"West—40.00 feet along the East lines of Lots 7 and 8 to the Point of Beginning and containing 318 sq. ft., more or less. The bearing for these descriptions are based on the City of Fayetteville Global Positioning Satellite System,which may vary from the bearing system previously used in describing the subject property. Drainage Easement Description 2 Apart of Lots 5 and 6,of Block 10 Ferguson's Addition to the City of Fayett4eville,Arkansas;as per the plat of said subdivision recorded in Book 4 at page 203 in the office of the Circuit Clerk, Washington County, Arkansas and being more particularly described as follows: Commencing at the Southwest comer of said Lot 6 and running North 1007'58"East-25.67 feet to the point of beginning, said point being where the proposed North right-of-way line of 6" Street intersects the West line of lot 6 Thence leaving the proposed Right-of-way line of 6"'Street and running along the West line ofLots 6 and 5,North 1007'58"East-40 feet to a point where the North line of the proposed Permanent Drainage Easement intersects the West line of lot 5,thence leaving the West line of Lot 5 and running along the Permanent Drainage Easement line, South 89032144" East—9.80 feet; thence South 0°27116'1 West-40.00 feet to a point on the proposed north right-of-way line of 6"'Street;thence along the proposed North right-of- way line of 6d'Street;North 89032'44"West—10.27 feet to the point of beginning,containing approximately 401 sq.ft.or 0.009 acres,more or less. That the abutting real estate affected by said abandonment of the alley are (lot 6-12, block 10, Ferguson's Addition of each adjoining lot to the area requested to be vacated)City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described(alley, & drainage easement). The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body ofthe City ofFayetteville,Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this_day of . 19 Gary Stearman --"April 28,2003 Floyd Mabry Planning Commission VAC 03-7.00: BENCORE Page 2.3 { ..> L..k P.. - � a�'S.4 ° Olt �— � p "e ^� x s �� 3''� •ww, .go-.#. sS ^tG +�.:. K "0. a 4 tla' §$ Y k 4 4 ffi i -..e yl *+t. 17 N c S —14 Oil I I eat - 1-0 - tea - t '�of R ` 1sSSPy k � t � r by ILo isn-- a I I CO i LLs� f I I April 28,2003 , ---� — F--Planning Commission,Z - - VAC 03-7.00: BENCORE ' _. _., ._.. __ __ - - - _. _— .— .- - -- -- - - �- - - - -- - - __ — Page 2.S , --1 11 1 u 1 _ II 1. I 11 It , l 11 , Aile ii Aa 1 .� '1 111 II {j� /- /i / / A I J CD I t I I 0 / �4f'f�a. fn 7 I n 1 ". ----------------- I t ZM .......... 1 1 I 1 April 28,2003 Planning Commission VAC 03-7.00: BENCORE Page 2.6 r PETITION for ALLEY VACATION PETITION TO VACATE A(1)(alley, &drainage easement,)LOCATED IN got6-12,block 10,Ferguson's Addition),CITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the(alley, &drainage easement)hereinafter sought to be abandoned and vacated,lying in(7ot6-12, block 10,Ferguson's Addition),City of Fayetteville,Arkansas,a municipal corporation, petition to vacate a(n)(alley,&drainage easement)which is described as follows: DESCRIPTION: 12' ALLEY — SEE ArTAGHOO rd2 DkA.t .44'B Ehs�rl�Nr D�SGASIfloi✓ A PORTION OF A 12'ALLEY IN BLOCK TEN(10),OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,AS RECORDED IN BOOK 4 PAGE 203, ALL BEING PART OF THE SE '/a OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12 OF SAID BLOCK TEN(10),OF FERGUSON'S ADDITION,SAID POINT BEING A SET IRON PIN ON THE SOUTH RIGHT-OF-WAY LINE OF WEST FIFTH STREET;THENCE S87042'33"E 12.00 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE OF WEST FIFTH STREET TO A SET IRON PIN ON THE EAST SIDE OF A 12 FOOT ALLEY AS DEDICATED ON SAID FERGUSON'S ADDITON;THENCE S03°25'22"W 274.42 FEET ALONG TILE EAST SIDE OF SAID 12 FOOT ALLEY,TO A SET IRON PIN ON THE NORTH RIGHT-OF-WAY LINE OF WEST SIXTH STREET; 'THENCE N87°06'48"W 12.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE OF WEST SIXTH STREET,TO A SET IRON PIN ON THE WEST SIDE OF SAID 12 FOOT ALLEY;THENCE NO3°25'22"E 274.30' ALONG THE WEST SIDE OF SAID 12 FOOT ALLEY,TO THE POINT OF BEGINNING,CONTAINING 3,292.31 SQUARE FEET OR 0.076 ACRES, MORE OR LESS, SUBJECT TO ANY RIGHT-OF-WAYS, EASEMENTS, CONVENANTS OR RESTRICTIOINS OF RECORD OR FACT. That the abutting real estate affected by said abandonment of the alley are (lot 6-12, block 10, Ferguson's Addition of each adjoining lot to the area requested to be vacated)City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described(alley, & drainage easement). The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body'ofthe City ofFayetteville,Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. 20� 3 Dated this 1 day of Apr; 1 Gary Stearman printed7e _ si afore Floyd Mabry April 28,2003 printed name -- - — Planning Commission VAC 03-7.00:BENCORE Page 2.7 signature ,. Ptojmt Nm[J601File . Project:West em street gnprovemenl D FOR RECORD Pncel Nc.705.0544&000 Treat No.2 DRAINAGE EASEMENT 00 FIBp 28 p[I 12 08 . ,-BE IT KNOWN BY THESE PRESENTS: i'1AS 1110TON 00 AR K. HALMF THAT WE,Floyd Mabry Jr.and Kathy J.Mabry,husband and wife,hereinafter dill •FiRANTOR,for and In consideration of the sum of One Dollar($1.00)and other good and valuable consideration,the receipt of which Is hereby acknowledged, do hereby GRANT, SELL and CONVEY unto the City of Fayetteville. Arkansas, a municipal corporation,hereinafter called GRANTEE, and unto Grantee's successors and assigns,a permanent easement to excavate,construct,maintain,repair and/or replace an earthen retaining levy,drainage rile area,open ditch,concrete channel and/or concrete Inlet box on,over,and through the following described land situated in the County of Washington,State of Arkansas,to-wit: PROPERTY DESCRIPTION:Warranty Dead,Book 92-08688 Lots 7,8,9,10,11 and 12,Block 10,Ferguson's Addition to the City of Fayetteville,Arkansas which Is part of the Southeast quarter(SEK)of Section Sixteen(16),Township 16 North,Range 30 West, - LESS AND EXCEPT ten (10)feet of equal and uniform width off of the West side of the above described property as filed In Book 874,Page 382 and a 215 fit triangle In the Southwest corner of Lot 7 as per Dead filed In Book 987,Page 638. PERMANENT DRAINAGE EASEMENT DESGRIPTION A part of Lots 7 and 8,Block 10,of Ferguson's Addition to the fifty or Fayetteville,Arkansas,as per plat of said subdivision recorded in Book 4 at Page 203 In the Office of the Circuit Clark of Washington County, Arkansas and being more particularly described as follows: Commencing at the Southeast corner of said Lot 7 and running North 01 07'58'Fast-26.77 feat to the Point of Beginning;thence leaving the East line of Lot 7 and running North S9'32'44'West-7.72 feet;thence North00'27' 16'East-40.00 feet;thence South 89 32'44'.East 8.16 feet to a point on the East line of Lot 8;thence South 01'07'58'West-40.00 feet along the East lines of tats 7 and B to the Point of Beginning and containing 310 fit,more or less, The bearings for these descriptions are based on the City of Fayetteville Global Positioning Satellite System, .which may vary from the bearing system previously used In describing the subject property. together with the rights,easements,and privileges in or to said lands which may be required for the full enjoyment _ of the rights herein granted. TO HAVE AND TO HOLD unto sold Grantee,its successors and assigns,together with free Ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor Is to fully use and enjoy the said premises except for the purposes herelubefore granted to the said Grantee,which hereby agrees to pay any damages which may arise to growing crops or fences from Ute above described construction,maintenance and operation as determined by three disinterested persons. One of - whom shall be appointed by the said Grantor;one by the said Grantee;and the third by the two so appointed as aforesaid,and the written award of such three persons shall be final and conclusive. The Grantor agrees not to erect any buildings or structures in said permanent easement other than fences - -and said fences shall not exceed six(6)feet In height. The Grantee_shail have the right to construct additional drainage structures within the above described - permanent easement at any time In the future and agrees to pay any damages as a result of such future construction _ as set out In this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted- All covenants and agreements herein contained shall extend to and be binding upon the respective heirs,legal representatives,successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. ZAV WITNESS the execution hereof on this the day of '3960— Kathy '396Kathy .Mab L 2000023M April 28,2003 Planning Commission VAC 03-7.00: BENCORE Page 2.8 $XHIBIT"A" Owners and/or Parties in Interest: The Estates of Lonnie Shook and hazel Shook RIGHT OF WAY ACQUISITION DESCRIPTION: I A part of Lot 6, Block 10 of Ferguson's Addition to the City of Fayetteville, - Arkansas;as per the plat of said subdivision recorded in Book 4 at page 203 in the office of the Circuit Clerk, Washington County, Arkansas and being more particularly described as follows: Beginning tit the Southeast comer of said Lot 6 and running West- 144 feet along the South line of Lol6 to the Southwest comer of Lot 6,thence North 1"0T58"East- 25.67 feel along the West line of Lol6 to a point where the proposed North right-o6 way line of 6"Street intersects the West line of Lot 6;lhence leaving the West tine 1 of Lot 6 and running along the proposed North right-of-way line of 6"Street,South 89"32'44" East- 10.27 feet;Ounce South 0127'16"West- 13.53 feel;thence South 85"02'54" East- 119.37 feet;thence North 59°14'31" East- 17.01 feet Io a point where the proposed North right-of-way line of6`Street intersects the East line of Lot 6; thence leaving the proposed North right-of-way line of G"Street and running i South 1"0T58" West - 10.45 feet, along the East line of Lot 6, to the point of beginning,containing approximately 1,177 sq.ft.or 0.027 acres,more or less. PERMANENT DRAINAGE EASEMENT DESCRIPTION _ A part of Lots 5 and 6,Block 10 of Ferguson's Addition to the City of Fayetteville, At as per the plat of said subdivision recorded in Book 4 at Page 203 in(lie office of the Circuit Clerk, Washington County, Arkansas and being more �fC' particularly described as follows: Commencingat[lie$oull:westcomerofsaid Lot 6 and mnning Northl"07'58"East- 25:67 feet to the point ofbeginning,said point beingwhere theproposed North right- of-way line of Street intersects the West lineofLot 6,thence leaving the proposed aI1. North right-of-way line of 6'Street and running along the West line of Lots 6 and 5, North I"0T58 East-40 feel to a point where the North line of the proposed I Permanent Drainage Easement intersects the West line of lot 5.thence leaving the West line of Lot 5 and running along the Permanent Drainage Easement line,South 89032'44"East-9.80 feel;thence South 0"2T I G'West-40.00 feet to a point on.the V proposed North right-of way linear 6'"Street;thence along theproposed North right- of-way line of6lh Slreeq North 89"32'44"West-10.27 feel to lhepoint ofbeginning, J containing approximately 401 sq,ft.or 0.009 acres,more or Jess. f. 2000 24912 l - Ohl ,t April 28,2003 Planning Commission VAC 63-7.00: BENCORE 4 _ Page 2.9 4 .. .del . .• VAC03-07.00 g E N C O R Close Up View �.2 11� • i C m��• ; r� STFi ST L-0— • r.-.-_."- PRAIRIE ST � _.. O i m i ++'�$�fese�li�lYts{sse_ vaafmE sr .,�;; EEM W� I l IN `"I I ''a n m IJ V .....mm {O L v _ I 5tH ST =-- I R^ — ` � omEIR Q i SUBJECT PROPERTYnP c R IN j NO FIN, com, �-M+N 01++0e01�lOiA SST !{{g� {/•� .. •e•••ea•®+06feee0e0+20•dl++l601v'•'!• a� 0, sr r Q M Overview Legend Boundary Subject Property r^tu, Planning Area Master Street Plan - r----' VAC03-07.00 P000a Overlay Distract �Freeway/Expressway J = oo Principal Arterial r ! Streets L_I City Limits Existing 1 Outside City Minor Arterial f Collector April 28,2003 LI Planned ,•, Historic collector Planning Commission 0 75 tso 300 aso®e soo AC 03-7.00: BENCORE Feet Page 2.10 VAC03-07.00 -B E N C O R One Mile View R 1 R 177 3 } a YLb� Y ( Ft 1 R 1 R 1� R 1 ®•raa lrraor6 �y p� T9 R$F c R 1 S,. 44 Pa`„A�F DR ` ar Y {.RVIS ST AEBE`^.^� a , �ovc[ ssFs�� - --- � {-` R 1 � 7rmrasoh-�a•i�R�r�-�1 I E R- t3 i'tAA S7 ;� ; ._ RY ,R1 Rrcl iyR.1 : 1 rar'ya'aeaa ,aa R R 1 '•;• *s>Y�*:tr':a:a°�:r,rr+nwdrwis • R "� R 1 - 1 1we�rsort&AEt� ,,.; ba R 3i_R 1 i P 1 R 1; • 1 1 � R 1 P.1 ar•raeab ..R 'I2 i j '� 4 `R C^3s ♦1 O 4 sr '_' R 1 R,'[,, 1 m .F -}. .v,�, _ P 1 --' ^--s' : C € X2'1 t1 1 'y'°�°rlwR o Alter - Y _?,: •-.-C • a R 1 S _ fl^1 ii R-1 tbY,z-. Is ar' p' R-3 •C 3 y�,f • ora srrseRroarrsis w - r@ny me U 0 at3jfiti-3YD'E`l,F o f 1aF` 3 "393 3� 1 R-2 a � : � S i t la sw'ACTaN a R sR-3.'S s .r"" 2 • x fT yA} "+' RINR ST CN iS 4t .. 'hiEADDW 5T 1 p 4R R-3 PDW .;(ri Y } I V13k 3 y�..i 4} � ..J.FX}* I C • PP1 P-1 t [_ Y 1 Y! RIVrt?F D !:' r R 3 3sa.s::elnjl ° m pR 21 9 9 n. 044'. c ea�,i-•#aar3'7'j<Rr� x • a .. R 3 f y :. Srvkwa•Y, ra em -®-..* R z€oe. R° ♦- <R 2 ?. ? ' + r jacuar rrC 3r*.R 2 1R 3 rpB2[aCt ... ... - . _ ,.g.5€S`aT ate q 1 ..- P-1 ...-. srogF sr a .. E rf"u: C1a •FZ.21 R r. n IR Sr. P 1 e p_1 R$€R 3 j' as S + ! SUBJECT PROPERTY i v SRk2 o' ill ,-11 ` R1'2stasr ijC 2 w.plart t j R 2 •a-fi R2 >� Y' -.i -11 i� R2� -1 .. _ �! --j¢ %cRiFlArED•. . �'lTi�;`5Yr5T7"Sr mi:.'�y. n�r 2 � o e{ P +�R[tYA1' DN h tf 2 >xH sx' CaR R.3 ;_ - AL1' 1 (wtf ` t•r R 2 R-1 I 1 Rp2rvarD,p c (,`2' Q '�'St a` PRNATF"DR R-2 ,\ / pRtYPTF pH yR1F '.. 1 r txr0� i P-1 o R-2Y �. s a sE T R R2 ' I2 J _.. r-y /` a sn � R 2 t 1 /i 12 _ . ' 5T- SETH S r _ ,� 0/ /� . r -1x _ R 2 syr �``°y� u;. i s I R-2 ivjfAsr. R7� `r Y A C'2 1 I-1 a� R2 r R 2 'SUN 1 !?I SE O 4 I p u I'FrZ.N`' 1 .- A t2 C_ y: i R-2 11 - a R-2 R-1. - Aso ,Y Overview r, Legend Boundary r' Subject Properly Master street Plan '%,Planning Area VAC0&07.00 cP000� +Freeway/Expressway 000000°o Overlay District Prini Arterial t{.-. ❑ 1p Streets 1 City Limits MinaArtenal Ustna. ..T'' 6•C '�; Outside City66��..,5� 'v `�✓4 1:1 n etl ••rr His one Colle or 0 0.1 0.2 0.4 0.60. Planning Commission Miles VAC 03-7.00: BENCORE FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. ' Fayetteville,AR 72701 Telephone:479-575-8267 PLANNING DIVISION CORRESPONDENCE TO: Planning Commissioners FROM: Dawn T. Warrick, AICP, Zoning&Development Administrator DATE: April 28, 2003 SUBJECT: ADM 03-11.00—Sidewalk Appeal ADM 03-11.00: Administrative Item (Harris, pp 370) was submitted by Judy Harris for property owned by Ray&Linda Plack and located at 1997 Greenview Avenue. The property is zoned R-1, Low Density Residential and contains approximately 1.15 acres. The request is to appeal certain conditions of approval for CUP 03-8.00: Conditional Use (Harris,pp 370) allowing a child care facility in R-1 (Use Unit 4). Recommendation: 1. Staff recommends that the contribution in lieu of sidewalk installation be reduced to $720.00. The original amount of contribution determined for sidewalk construction for this project was $5,490.00. A complete waiver would not provide any contribution towards future connectivity of the City's sidewalk system. Background: This administrative request is to appeal a condition of approval which was required by the Planning Commission for a conditional use permit for a child care facility in a residential district. This project was heard by the Planning Commission on April 14, 2003 (see attached staff report and minutes). During that meeting, the applicant stated her intent to appeal this particular condition of approval. The basis of staff's recommendation for the installation of a sidewalk for this project is found in the Streets and Sidewalk chapter of the UDO. In order to evaluate the request for a waiver of the sidewalk requirement, staff has specifically addressed the following: (2) The property owner may request a waiver to§171.12(,4)(1) requiring sidewalk construction. The sidewalk administrator shall review the following factors to determine whether or not to grant a waiver: (a) Pedestrian traffic generators such as parks and schools in the area. Finding: Root Elementary school, Tiny Tim's pizza, a mixed use commercial development, a cemetery and single family residential uses are all located within walking distance of the project site. K:IRepor7s120031PCREPORTS104-281adm03-11_harrs.doc April 28,2003 Planning Commission ADM 03-11:Harris Page 3.1 (b) The existence of a sidewalk network in the area. Finding: Some sidewalks exist to the south and west of the subject property in the vicinity of Root Elementary school. (c) The density of current and future development in the area. Finding: The area in which the subject property is located is primarily developed. There are few large tracts which would allow for infill development. (d) The amount of pedestrian traffic likely to be generated by the proposed development. Finding: The proposed development is a childcare facility with a minimum f two employees caring for no more than 10 children. (e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk Finding: The terrain of this lot, especially along Greenview Dr. is fairly steep. Along both streets, there are ditches and the streets do not have curbs or gutters. (fi The overall need for a sidewalk to be constructed on the lot. Finding: There is a need for sidewalks throughout Fayetteville. Connectivity of a pedestrian (alternative) transportation system is desirable. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: April 28,2003 Comments: K:IReportsl2003WCREPOR7SI04-28bdm03-11_harra.doc April 28,2003 Planning Commission ADM 03-11: Harris Page 3.2 Sec. 171.12. Property owner to construct sidewalk uudgotist[erai �fhs or contribute cost of sidewalk. seta � t]$ lg iitp � (A) Requirement. The owner of any property iesa5 th� 1�gP?p nt abutting a public street or highway for which a sidewalk is required by the city's Master Street (b) To facilitate administration of this Plan,shall construct a sidewalk in accordance with ordinance for certain recurrent types of §98.67 of this code, along said street or highway development, the City Council has upon the receipt of notice issued at the time a determined that the city will accept asthe building or parking lot permit is issued. roughly proportionate impact,the amount shown below: (1) The property owner shall construct the sidewalk in accordance with §171.13. (1) Singlefimilyhouse Sidewalk and driveway specifications. $630.00 (2) The property owner may request a waiver to (2) Duplex §171.12(A)(1) requiring sidewalk $720.00 construction.The sidewalk administrator shall review the following factors to determine &�I3) ei� senry whether or not to grant a waiver: epadenee3 cumbe igrs ffi (a) Pedestrian traffic generators such as trtaq� e r�� e parks and schools in the area. dgye) fns � 7 Lueed_ co fribu�i hn� 0�t p��5istru�lPrnc++ (b) The existence of a sidewalk networki�kYalksaI uiisl memaa1 in the area. mtt� et�ha9ltma � Eacurl b11 0�att��u p`f �re,� (c) The density of current and future cons iio Viet allca #e of development in the area. tltYeedp' qToot pf tYidlir�bY t�no�inuia�l(y }�omldllraye (d) The amount of pedestrian traffic tee �o�jp�ifu likely to be generated by the proposed fo #sem n �g>ga4nd development. hYaae r d a � �abed b (e) Whether the terrain is such that a ears,. sidewalk is physically practical and feasible,and the extent to which trees, (d) Contribution in lieu of construction ground cover and natural areas would be of sidewalks shall be paid or construction adversely impacted by the construction of of the sidewalks shall be completed the sidewalk. before receiving final plat approval, or issuance of a certificate of occupancy. (f) The overall need for a sidewalk to be constructed on the lot. (e) Contributions must be expended within one (1) year to build a sidewalk (3) If the Sidewalk Administrator grants the close enough to serve the project being waiver to construct a sidewalk,the owner shall constructed. have an option to construct the sidewalk,or to contribute money in lieu of construction as set (f) If the owner voluntarily consents in forth below: writing,the contributions may be used to construct sidewalk projects where most iairi _ o atr f needed as determined by the sidewalk s o 3 e administrator. K:IReporu120031PC REPORM04-281adm03-1 l_harrs.doc April 28,2003 Planning Commission ADM 03-11:Harris Page 3.3 gadltiti bii i ri an .lieu f,caugtrilcYlgr to e (3) Parking lot/garage. On which a parking lot, 1'1au5�t{�onuxussxanphcuant to§35 OS( or parking garage having a minimum capacity of five(5) automobiles is constructed and/or OWNp 7t eioavzs¢ons 1hgvtrors a improved or altered. (4) Additions. Additions of 2,500 square feet or larger. (1) New structure. On which a new structure is being built; Go . rgmzrs �i 'g (2) Existing residential structure. On which an existing residential structure is being modified (Code 1965,§18-31;Ord.No.2653,8-5-80;Ord.No.2780,11-17-81; so as to increase the number of dwelling units Ord.No.2917,5-3-83;Ord.No.3113,9-3-85;Code 1991,§98.66; located therein or to change the use of the Ord.No.4100,§2(Ex.A),6-16-98;Ord.No.4311,5-1-01;Ord.No. g 4387,4-16-02) nonresidential use. K:IReports120031PCRFPORM04-28bdm03-11_harr3.doc - April 28,2003 Planning Commission ADM 03-11: Harris Page 3.4 FAYETTEVILLE PC Meeting of April 14, 2003 THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn Warrick, AICP,Zoning & Development Administrator THRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: April 14, 2003 CUP 03-8.00: Conditional Use(Harris, pp 370) was submitted by Judy Harris for property owned by Ray& Linda Plack and located at 1997 Greenview Avenue. The property is zoned R- 1, Low Density Residential and contains approximately 1.15 acres. The request is for a child care in R-1 (Use Unit 4). RECOMMENDED MOTION: Staff recommends approval of the conditional use subject to the following conditions: 1. No new parking areas shall be installed at this location. Existing parking shall be used for the proposed child care facility. 2. Applicant shall provide documentation of satisfactory inspections by the Building Safety division and Fire Department which certify that the structure is safe for the proposed use. 3. The number of children attending this facility shall be limited to no more than 10 or the number approved by the State licensing board,whichever is less,in accordance with §163.11(B). 4. Contribution of a fee in lieu of sidewalk installation shall be paid in the amount of $5,490.00. (Mission (principal arterial): 125'x 6'sidewalk= 750 s f. x$3.00 per s. _ $2,250.00 + Greenview(residential): 2 70'x 4'sidewalk = 1080 s f. x$3.00 per s. _ $3,240.00). 5. A minimum outdoor play space of 80 square feet per child, calculated on the basis of the number of children occupying the outdoor play space at one time shall be provided. 6. A screening wall shall be installed (fence of vegetative)where one does not currently K Weportsl20031PCREPOR7YO4-I4�-up03-8_harra.doc April 28,2003 Planning Commission ADM 03-11:Harris Page 3.5 exist between the subject property and adjacent residential uses in accordance with §163.11(B) and §166.10. 7. A more detailed site plan shall be submitted which identifies the outdoor play area and all required screening. 8. A Certificate of Zoning Compliance shall be issued for the child care facility indicating this conditional approval. 9. Any proposed signage shall comply with the City's sign ordinance. Necessary permits shall be issued for all signage. 10. Only residential type exterior lighting shall be installed. All outdoor lighting shall be shielded and directed downward and away from nearby residential uses. 11. The applicant shall comply with any guidelines from the Solid Waste division necessary to appropriately dispose of trash generated by this facility. 12. All conditions of this approval shall be met prior to opening the proposed facility. PLANNING COMMISSION ACTION: Required YES O Approved O Denied Date: April 14,2003 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 located at the northeast corner of the intersection of Greenview Drive and Mission Blvd. Surrounding uses are primarily single family residences with the exception of the development to the north of the site. That is the location of a former grocery store which has been converted into a mixed use commercial development housing offices, a pizza delivery operation and a child care facility. Proposal: The applicant proposes to convert the existing 1736 s.f. single family residence into a K.,Weporisl20031PCREPORTS104-14�cup03-8_harrs.doc - April 28,2003 Planning Commission ADM 03-11:Harris Page 3.6