HomeMy WebLinkAbout2011-01-24 - Agendas - FinalPlanning Commission Planning Commissioners
Officers
Audy Lack, Chair
Matthew Cabe, Vice -Chair
Craig Honchell, Secretary
aye
evtlle
ARKANSAS
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
January 24, 2011
Sarah Bunch
William Chesser
Hugh Earnest
Tracy Hoskins
Jeremy Kennedy
Porter Winston
A meeting of the Fayetteville Planning Commission will be held on January 24, 2011 at 5:30 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Agenda Session Presentations, Reports and Discussion Items
• City Council Approvals Director of Development Services: Jeremy Pate
• City Plan 2030 Working Session: Master Street Plan Planner: Jesse Fulcher
New Business:
1. Approval of the minutes from the January 10, 2011 meeting.
2. VAC 10-3735: Vacation (1965 BOX AVE./FIRESTONE,
ENGINEERING, INC. for property located at 1965 BOX AVENUE.
COMMUNITY SERVICES and contains approximately 1.23 acres.
approximately 240 square feet of an existing utility easement.
372): Submitted by H2
The property is zoned CS,
The request is to vacate
Planner: Dara Sanders
3. ADM 11-3751: Administrative Item (VANTAGE CENTER LANDSCAPE VARIANCE,
135): Submitted by VANTAGE CENTER for property located on east Shepard Drive and
contains approximately 4.68 acres. The request is for a variance of the landscape regulations for
street tree plantings. Planner: Andrew Garner
4. ADM 11-3754: Administrative Item (1211 EAST RIDGEWAY DRIVE/STEVE GRAGE,
409): Submitted by STEVE GRAGE for property located at 1211 EAST RIDGEWAY DRIVE.
The property is zoned RSF-4, SINGLE-FAMILY - 4 UNITS/ACRE and contains approximately
0.43 acre. The request is for a variance from the requirement for an accessory dwelling unit to
have separate water and sewer service from the primary dwelling. Planner: Dara Sanders
5. CUP 10-3733: Conditional Use Permit (902 S. SCHOOL/KELSEY, 562): Submitted by
DAVID KELSEY for property located at 902 SOUTH SCHOOL AVENUE. The property is
zoned DG, DOWNTOWN GENERAL and contains approximately 1.43 acres. The request is an
automobile repair shop (Use Unit 17, Transportation Trades and Services). Planner: Dara Sanders
6. RZN 10-3732: Rezoning (2600 CROSSOVER RD./BROWN, 326): Submitted by BEN
ISRAEL for property located at 2600 CROSSOVER ROAD. The property is zoned R -A,
RESIDENTIAL AGRICULTURAL and contains approximately 0.66 acre. The request is to
rezone the subject property to R -O, Residential Office. Planner: Andrew Garner
The following items have been approved administratively by City staff:
• LSP 10-3721: Lot Split (KOOSHESH, 438): Submitted by GLENN CARTER for
property located at 956 NORTH 46TH AVENUE. The property is zoned R -O,
RESIDENTIAL OFFICE and contains approximately 1.6 acres. The request is to divide
the subject property into two tracts of 1.46 acres and 0.38 acre. Planner: Dara Sanders
• LSP 10-3736: Lot Split and Property Line Adjustment (109 W. MARTIN LUTHER
KING/JACOBS/NEWELL 523): Submitted by JORGENSEN AND ASSOCIATES for
property located at the SOUTHEAST CORNER OF CHURCH AVENUE AND
MARTIN LUTHER KING BOULEVARD. The property is zoned DG, DOWNTOWN
GENERAL and contains approximately 0.53 acre. The request is to adjust and divide the
two subject property into four tracts 0.05 acre, 0.05 acre, 0.12 acre, and 0.26 acre.
Planner: Planner: Andrew Garner
• LSP 10-3720: Lot Split (PARK CENTRE, 136): Submitted by H2 ENGINEERING,
INC. for property located at 1520 EAST ZION ROAD. The property is zoned C-PZD
08-2894 and contains approximately 5.05 acres. The request is to divide the subject
property into two tracts of 5.03 acres and 0.02 acre. Planner: Andrew Garner
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.
ay ev1��e
ARIC AN5A5
PC Meeting of January 24, 2011
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: January 19, 2011
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
VAC 10-3735: Vacation (1965 BOX AVE./FIRESTONE, 372): Submitted by H2
ENGINEERING, INC. for property located at 1965 BOX AVENUE. The property is zoned CS,
COMMUNITY SERVICES and contains approximately 1.23 acres. The request is to vacate
approximately 240 square feet of an existing utility easement. Planner: Dara Sanders
Findings:
Property Description: The subject property contains approximately 1.20 acres and is
located north of Highway 45 (Mission Boulevard/) and east of Highway 265 (Crossover
Road) at the northwest corner of the intersection of Box Avenue and Mission Boulevard.
In November 2010, the Planning Commission approved the applicant's conditional use
permit request (CUP 10-3684) to allow for a tire and auto repair store (Use Unit 17,
Transportation Trade and Services) on the subject property.
The underlying CS, Community Services, zoning district requires that the building be
constructed in a build -to zone located between 10 and 25 feet from the right-of-way line
(15 feet) and is subject to design standards that require "pedestrian oriented elements",
such as a covered area adjacent to the building, planters, benches, etc.
Request: There is an existing 20 -feet wide general utility easement along the property
frontage onto Mission Avenue and Box Avenue, which has reduced the developable area
within the build -to zone to 20 and 25 feet from the right-of-way line (5 feet). The
applicant's request is to vacate approximately 240 square feet of the utility easement at
the southeast corner of the subject property in order to allow for the addition of the
required covered area to the building, as shown in the attached building elevations and
site plan.
The applicant has submitted the required notification forms to the utility companies with
the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 1 of 16
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received.
Recommendation: Finding that the remaining easement is adequate to serve the subject
property and all adjacent properties, staff recommends forwarding VAC 10-3735 to the
City Council with a recommendation of approval with the following conditions:
Condition of Approval:
1. Any damage to or relocation of existing utility lines will be at the property
owners expense.
2. The easement vacation shall not be accepted until the existing fire hydrant
located in the southeast corner is relocated by the applicant.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required,
Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled
Date: January 24, 2011
Motion:
Second:
Vote:
Note:
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 2 of 16
I as a)
ENGINEERING, INC.
November 23, 2010
City of Fayetteville
Planning Commission
113 West Mountain St.
Fayetteville, AR 72701
RE: COMMERCIAL LOT — HWY 45 & BOX AVE
UTILITY EASEMENT VACATION
To Whom It May Concern:
Please accept this letter as our official request for a partial Utility Easement Vacation in the
southeast comer of the commercial lot located at the intersection of Hwy 45 and Box Ave. The
property is zoned Community Services with a 10 ft — 25 ft build -to zone. The result of this
easement vacation will allow the southeast corner of the building to be placed at the 10 ft build -to
line. Because of the orientation with Hwy 45, this will allow for the building to be located in the
build -to zone, which will minimize the non-compliance of the minimum buildable street frontage
requirement.
The proposed building will encroach approximately 4 feet along Hwy 45 and along Box Ave
encompassing 240 sf of existing utility easement.
All utility agencies have granted their approval for the release of this easement area.
Thank you for your consideration in this regard.
Respectfully,
Kipp Hearne, P.E.
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 3 of 16
Monday, December 13, 2010
12:04 PM
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: Arkansas Western Gas
APPLICANT NAME: Mathias Shopping Centers, Inc.
APPLICANT PHONE: 479-750-9100
REQUESTED VACATION (applicant mast check all tient apply):
Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right -of- way.
Alley
Street right-of-way
1 have been notified of the petition to vacate the following (aller, eciseme,n, right -0 4LY). described as follows:
General location I Address (referring to attached document- most be completed")
„Northwest corner of intersection of Hwy 45 and Box Ave
(ATTACH legal description and graphic representation of ivhat is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described casements are retained (State
the location. dimensions. and purpose below.)
• No objections provided the following conditions are met:
,J
O-/�i9r J /I,�t"/fn aj -tL
G>ri4G2! (B'4
Signature of UtilityCompany
Title
Unified Notes Page 2
Job. 2009
Page 5
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 4 of 16
1.T1LITY -PPRO%AL R)Jt%I
FOR RICHT- OF -NAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE:November 22.: 010
UTILITY(0),,WPANY: AT&T
APPLICANT NAME: M thins Shopping Centers, Inc, 479-750-9100
APPLICANT PHONE:
REQUESTED GACA RCN (applicant Hoist check trinket apply': ----- �—
lhiht) Easement
Right -o( -w cy for lley tit streets and al' utility casements located vthin (het =sated right- of- w ay.
Alley
Street n„ht-of-tt s.
1 hate been notified of the petition to %acute dr liille,tine I, dkr, r.r.,�•'mrn, rip/a.nFn,n). described as COI lows -
General location / Addre s 1inferring to attached document- mus' tic comple'ctr I
„Northwest corner of intersection of Hwy 45 and Box Ave
(4 TT.4Cif leg /description cad graphic representation of what is bring vacated -SIR I E9)
UTILITY COMPANY COMMENTS:
• No objections to the c uuunts) described ubote
• No objections to the v rodents' described ahuee. pro, ided follow me described casements arc retained (Stale
the location. dimensio s. and purpose below
e. No objections prat ides the following conditi au are met
�pAaila.`1 C (' t2. r,t di .crit it i.l .'.; 1\r.
t•= tTiiifv VAi:.M'!` I 'c"1,:1•1( b.)
' rt L1\a:1C-t't
ba i11 ”\1l ''\AII've's&I600.4111;V. 3
`3ienau,re of Utility Compaao Representahee
Tice
•,1- ",1l .P•i 1..�\',( ..'i (! tri.
t d 696t5ZD981, 'ON/6S o 9I SS/00'61 OT .b i 'Z I (amt.)
January 24, 2011
Planning Commission vioa8
VAC 10-3735 Firestone
Agenda Item 2
Page 5 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: City of Fayetteville - Transportation Division
Mathias Shopping Centers, Inc.
APPLICANT NAME:
REQUESTED VACATION (applicem mustcheckgyhas apply):
APPLICANT PHONE: 479-750100
- Utility Easement
- Right-of-way for alley or streets and all utility easements located within the vacated right of- way.
• Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley. easement, right -of --way), described as follows:
General location / Address (referring to attached document- Rust be completed**)
•*Northwest corner of intersection of Hwy 45 and Box Ave
(ATTACH legal description gr ggraphk representation of what is being vacated-SURYEF)
UTILITY COMPANY COMMENTS:
0 objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met
Signature of U' ty Company Represen
s�tldt YiJn Sea'c s 2/Q.
Title
July 2009
Pages
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 6 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: City of Fayetteville - Water & Sewer Division
APPLICANT NAME: Mathias Shopping Centers, Inc.
REQUESTED VACATION (appgcmn mast cheek Illthat ant):
APPLICANT PHONE: 479-750-9100
- utility Easement
— Right-of-way for aliey or streets and all utility easements located within the vacated right- of- way.
Alley
- Street right -of --way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location 1 Address (referring to attached document- must be completed**)
*.Northwest corner of intersection of Hwy 45 and Box Ave
(ATTACH legal descriptlon,gprigraphlc reptesentatlon of what is being vacated -SURVEY)
DIMITY COMPANY COMMENTS:
• No objections to the vacation(s) desenbed above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, andpnrpose below.)
No objections provided the following conditions ate met
t %n 10 loan te-no, Cask- 5:4,A, osc 4v.arciva tNetZ 1. easaar VACtL .
-i-n %.a- nr s Gin. Ct``ac 11t C s nc1 qi r4. lily rev* bra SooW
Signature ofiln7i-ry y trNve
Privy..., A- t C.ov. rz C�S uss: �n.a..c+r
Title J
.1093009
Pages
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 7 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: Ozarks Electric
APPLICANT NAME: Mathias Shopping Centers, Inc. APPLICANT PHONE: 479-750-9100
REQUESTED VACATION (applicant must check a that apply):
- Utility Easement
- Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
- Alley
- Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (refcuing to attached document- must be completed••)
,,,Northwest comer of intersection of Hwy 45 and Box Ave
(ATTACH legal description and graphic representation of what is being vacaled-SURVEY)
UTILITY COMPANY COMMENTS:
9 No objections to the vacation(s) described above.
• No objections to the vacations) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met
>
Signe Company Representative
Fx artk A Teed`
Title
July 2009
Page 5
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 8 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: AEP / SWEPCO
APPLICANT NAME: Mathias Shopping Centers, Inc. APPLICANT PHONE: 479-750-9100
REQUESTED VACATION (applicant must check all that apply):
- Utility Easement
.. Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
- Street right-of-way
nave been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows:
General location / Address (referring to attached document- mast be completed"°)
,,,Northwest comer of intersection of Hwy 45 and Box Ave
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the Location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
Signator? Utility Company Reps ntative
C✓lRyneer--�.)... — SWaPC®
Title
hdy2009
Page 5
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 9 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: City of Fayetteville - Solid Waste Division
APPLICANT NAME: Mathias Shopping Centers, Inc.
REQUESTED VACATION (applicant must check all that apply):
APPLICANT PHONE: 479-750-9100
Utility Easement
- Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
• Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location t Address (referring to attached document- must be completed**)
*,Northwest corner of intersection of 1-Iwy 45 and Box Ave
(Arida 7'legal description pgjgraphlc representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
0No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
Signature Utility Compan Representative
( yeLlto ROeLta
Title
July 2009
Page 5
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 10 of 16
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: November 22, 2010
UTILITY COMPANY: Cox Communications
APPLICANT NAME: Mathias Shopping Centers, Inc. APPLICANT PHONE: 479-750-9100
REQUESTED VACATION (applicant must check all that apply):
- Ud[ity Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
- Alley
- Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address (referring to attached document- must be completed**)
,,,Northwest corner of Intersection of Hwy 45 a nd Box Ave
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
• No objections to the vacation(s) described above.
• No objections to the vacation(s) described above, provided following described easements are retained. (State
the location, dimensions, and purpose below.)
• No objections provided the following conditions are met:
Any damage or relocation of existing Cox facilities will be at the developer1a cost.
of Utility Zrompany Representative
FIELD ENGINEER
Title
July 2009
Page 5
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 11 of 16
0
Nf
03
NO2'33'59" E
215.95'
N NO y,
k -J-'_
Co
N X30.
c o trim _,
M 0
V J
it v A
m y
Dm Nry
2 = 2 o
a 4^'
a m a t co s
a
no NTn0
it o -Nc
0 0' c
»m r
i im m
N co.3
EA co..;
N
AN b
W � N A
24 Duals iron
3„610L9'£££.L O$ e----N8J65'26'W02"
•11B! 163,92'
W
o n Q m O
S02'33'58"W
Box Avenue
3
0
4£
m▪ W
o f
yrn3
w
to
'0
I '�
'y
Setback l
I Ie
25' Building I °.m
I O O
35'
I 3 jIp
8'1
37das JIHddd0
^E13
=
EASEMENT VACATION
:£s..a:,,m.
s� ry
.n
°w%c 10
24, 2011
Commission
3735 Firestom
EXHIBIT
Page 12 of 16
== m
t
of
tml
fp
o e
oi�_ _l� — 1n
e
FIRESTONE COMPLETE AUTO CARE
SITE IMPROVEMENT PLAN
4, 2011
,.
Commission
R N7g ommission
%0-2735 Firestone
Agenda Item 2
Page 13 of 16
ad `3111A3u3AVJ
January 24, 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 14 of 16
VAC10-3735
Close Up View
1965 BOX AVE/FIRESTONE
04
RMF-'
cs
RSF4
SUBJECT PROPERTY
F•1
e,:nd
VAC10-3735
Muti-Use Trail (Exis
• Future Trails
footprints 2010
allHillside-HilltopOvIrlay District
ng)
Design Overlay District
Design Overlay Di>trict
Planning Area
Fayetteville
0 37.5 75
E8
150 225 300
Feel
January 24, 2011
riamnny Uununissun
VAC 10-3735 Firestone
Agenda Item 2
Page 15 of 16
VAC 10-3735
1965 BOX/FIRESTONE
One Mile View
RT42
"RD
$00 �'P. � di r `ASSD PLS IDLEW�D Wily
O� SON PN c+9H •
.L
co
w,n.-....:OONtRY WAIS �eCb n...n...
M G XPp,D aSF-Z ,0 ....,:i
iii a
oi
In ��
CII,
.' ' _ W
l- - _ �- —-..TOWNSHIP_ST--__- Vii t .
2
ST a
TALL OAKS DR
GOLDEN OAKS DR
PRIVATE 2680
CHATSWORTH RD
SUBJECT PROPERTY
W le R.p
G D j CHADWICF�'RR is
h e-1
titrz tricot 2 �B r -NEB i___..--------1
A CS _� MADISON DR 1 1
a
O.
o Q ❑ a
Z ❑
.Se cn RSF-1 rc I- 5 -
BRISTOL PL CCS
CHEROKEE OR a O iY
m
CAMELOT PL uzi
'' SETTER ST = m m.
eNSKIELDPI"„4� RxF@d GASTON.
REVERE PL
1
_VICTORIA LN I� may, ?
"r'OOD LN a . HfiLSSALN
MEANDERINOWPY 8
SO
L .- '
ROCKW 1 .............
L KgT
GVPin
Overview
HYLAND PApit `1'
Legend
Subject Property
® VAC 10.3135
Boundary
0 0.25 0.5
rail (Existing)
rails PRIVATE6
Hills de -Hilltop Overlay District
Design Overlay District
; Planning Area
Fayetteville
1
iles
January 24 2011
Planning Commission
VAC 10-3735 Firestone
Agenda Item 2
Page 16 of 16
aeevllle
Y ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of January 24, 2011
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Greg Howe, Urban Forester
THRU: Jeremy Pate, Development Services Director
DATE: January 19, 2011
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 11-3751: Administrative Item (VANTAGE CENTER LANDSCAPE VARIANCE,
135): Submitted by VANTAGE CENTER for property located on Shepard Drive and contains
approximately 4.68 acres. The request is for a variance of the landscape regulations for street tree
plantings. Planner: Andrew Garner
Findings:
Background and property description: The subject property is located at the west end of
Shepard Lane adjacent to Frontage Road and contains approximately 4.68 acres. A Residential
Planned Zoning District (R-PZD 05-1543 Vantage Center) was approved by the City Council on
October 4, 2005 for 48 multi -family units and approximately 26,932 square feet of retail and
office space. The project has been constructed and is in the process of obtaining final certificate
of occupancy permits.
Proposal: Fayetteville Unified Development Code (UDC) Chapter 177.05(B)(3) requires that
certain planting details be followed when planting street trees in urban tree wells. Specifically,
trees planted in urban tree wells are required to be planted in structural soil. There are twenty
(20) trees shown to be located within the public sidewalk in urban tree wells on the north and
south sides of Shepard Lane through Vantage Centre. The sidewalks and tree wells have been
installed without structural soil. The applicant requests a variance to permit the trees to be
planted in regular soil, with the condition that the property owner, not the City, will maintain
these trees within the public right-of-way. In addition, the applicant has offered to plant an
additional five trees within the right-of-way along Frontage Road, and an additional two trees
within the right-of-way at the eastern entrance into the development along Shepard Lane. A
landscape plan indicating the subject twenty trees, the additional seven trees, and the letter
request from the applicant is attached.
Discussion: Staff recommends in favor of the request with the requirement that the applicant
plant the additional seven trees and maintain all trees as described herein. A memo has been
provided by the Urban Forester and is attached to this report.
Recommendation: Staff recommends approval of ADM 11-3751 with the following
condition of approval:
January 24, 2011
G:IETCIDeveloprnent Semites Review1201 /IDevelopmeni Review)/1-3751 ADM Vantage Center_Landscapuigaa�iagiarnI01-24-
ADM 11-3751 Vantage Center
Agenda Item 3
Page 1 of 10
201 AComments and Redlines
1. Planning Commission determination of a variance of UDC Section 177.05(B)(3)
requiring street trees to be planted in structural soil. Staff recommends in favor of the
request with the following condition:
a. All conditions listed in the Urban Forester's report, attached herein, are included
as official conditions of approval.
Planning Commission Action:
Motion:
Second:
Meeting Date: January 24, 2011
Vote:
❑ Approved
❑ Denied ❑ Tabled
January 24, 2011
G:I ETCIDevelopment Services Review120111Development Review111-3751 ADM Vantage Center Landscaping`6Mgid ggfoign101-24-
20111Comments and Redlines ADM 11-3751 Vantage Center
Agenda Item 3
Page 2 of 10
Fayetteville Unified Development Code
177.05 Street Tree Planting Standards
(3) Optional Street Tree Planting Plan for Urban Streetscapes.
The Street Tree Planting Plans of subsections (1) and (2) may be replaced by an urban
streetscape including sidewalks at least eight feet wide from curb to building. At the time of
developmental submittal, the proposed urban streetscape shall include a street tree planting plan
in compliance with the following requirements:
(a) A minimum of one (1) two-inch caliper, large species tree per 30 linear feet of street frontage
or every 10 parking spaces, whichever provides the most trees, shall be planted with this
option.
(b) Location of trees shall be approved by the Urban Forester to ensure that adequate spacing,
access and visibility are maintained. The spacing of trees may be varied with approval of the
Urban Forester.
(c) Trees shall be planted within urban tree wells. The minimum width of an urban tree well shall
be three feet (3'); the minimum area shall be 15 square feet. This option is only permitted to
allow trees planted within wide sidewalks, in a downtown/urban fashion. Size and shape of
urban tree well shall be approved by the Urban Forester.
(d) Tree wells shall be covered with either a tree grate or some form of permeable pavers, (block
or stone), to be approved by the Urban Forester.
(e) Structural soil or similar treatment shall be utilized with this option (see Landscape Manual for
specifications)
(f) Street tree planting plans utilizing this option shall follow the construction procedures and
details as outlined in the Landscape Manual.
January 24, 2011
G:IETCIDevelopment Services Review120111Developmenl Review111-3751 ADM Vantage Center_LandscapingAMSdieog{rygggfgpn101-24-
20111Comments and Redlines ADM 11-3751 Vantage Center
Agenda Item 3
Page 3 of 10
LANDSCAPING REQUIREMENTS — Chapter 177
THE CITY OF FAYETTEVILLE, ARKANSAS
r. PARKS AND RECREATION DEPARTMENT
113 West Mountain
Fayetteville, AR 72701
P1479/944-3471 F (479) 521-7714
To: Vantage Center, LLP; Hugh Jarratt Representative
CC: Andrew Garner, Senior Planner
From: Greg Howe, Urban Forester/Landscape Administrator
Date: January 20, 2011
Subject: ADM 11-3751: Vantage Center Variance - Urban Streetscape, 177.05(3)(e & f)
APPEAL RECOMMENDATION: Approve
The Planning Commission approved the landscape plan for the Vantage Centre project with a planting
detail concerning urban streetscape trees. According to section 177.05 (3) (e) when using the urban
streetscape option structural soil or similar treatment "shall" be used. Part f of this section references
the Landscape Manual on details for constructing the tree well. The details on the approved plan
contained the specifications for structural soil as outlined in the Landscape Manual but during
construction this requirements was somehow overlooked.
To now go back and meet this requirements would require demolition of concrete walk ways and the
removal of base material directly in front of commercial entry ways currently just opening for
business or for lease to potential commercial interests. Requiring compliance at this time would
create a financial hardship on the owner and some tenants. For this reason the applicant has applied
for a variance to the landscape code.
It is the Urban Forester's professional opinion that trees planted excluding the required structural soil
will not flourish over the long term and be beneficial street trees to the community. The lack of soil
volume for roots and limited nutrients available to the trees creates a situation were the trees will
have a high probability of failure. They will need to be replaced more often and require more
maintenance over their lifetime than trees planted correctly.
As these will be street trees in the public street rights-of-way these trees will become infrastructure for
the City and the burden of maintenance and removal/replacements will fall to the tax paying citizens.
To gain approval of this variance the applicant has offered to be responsible for the twenty (20) trees
in question and add additional street trees to adjacent city rights-of-way.
In consideration of the property owners request for a variance the Landscape Administrator is wiling
to approve the requested variance with the following conditions;
Inunic'ations Devine forthe Deaf TDD (479) 521-1316 113 West Mountain- Fayetteville, AR 72701
January 24, 2011
Planning Commission
ADM 11-3751 Vantage Center11
Agenda Item 3
Page 4 of 10
THE CITY OF FAYETTEVILLE, AI?KANSAS
1. All future owners, successor or assignees of the property will be made aware of this
requirement.
2. The trees will be maintained to protect the pubic safety and welfare.
3. All maintenance of trees including pruning, fertilization, watering, pest management, grate
maintenance, mulching and eventual removal will be the responsibility of the current and
future owners until the street and sidewalks are demolished and constructed correctly OR
future development meets developmental requirements in effect at that time.
4. All tree care shall be done in accordance to all current and future American National Standards
A3oo - Tree, Shrub, and Other Woody Plant Management — Standard Practices
5. The applicant shall submit a minimum 3 year Maintenance Plan for review and approval of the
Landscape Administrator.
6. The applicant plants seven (7) additional street trees. Five along Frontage Road in the City
rights-of-way and two along Vantage St in the City rights-of-way as detailed on the submitted
plan.
7. These new street trees will be planted according to city specification to be provided by the
Landscape Administrator.
8. The seven (7) new street trees shall be maintenance to the same standards and requirements as
detailed above.
9. The owners/applicant shall abide by Chapter 167 section o6 of the Tree Preservation and
Protection Chapter regarding Tree Planting, Maintenance and Removal on Street Rights-of-
way.
1o. All new street trees shall be chosen from the approved Recommended Street Tree List and
approved by the Urban Forester.
11. All new trees shall meet or exceed the current American Nursery Standards ANSI Z6o.1
Standards and the City's Mitigation and Landscape Tree Quality Standards.
12. The following language must be submitted on a new easement plat or other legal document to
be recorded with the County Clerk's office;
Urban Streetscape and Street Trees
The Urban Streetscape consisting of twenty (2o) trees in tree wells along Vantage Avenue, five (5)
regular street trees along Frontage Road and two (2) regular street trees on Vantage Avenue as it exits
the property to the east as shown on this easement plat constitutes a maintenance covenant running
with the title of the subject property. The area is to be managed and maintained by the property
owner according to American National Standards (ANSI) A3oo Tree and Shrub Maintenance
Operations Standards. Any tree removal and replacement requires compliance with Chapter 167,
Chapter 177 and the Landscape Manual.
Approved by: Date:
City of Fayetteville Urban Forester
Telecommunications Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, AR 72701
January 24, 2011
Planning Commission
ADM 11-3751 Vantage Center
Agenda Item 3
Page 5 of 10
Lindsey Management Co., Inc.
1200 E. Joyce Boulevard • P.O. Box 13000 • Fayetteville, AR 72703 • (479) 521-6686 • Fax (479) 527-8840
January 11, 2011
City of Fayetteville
ATTN: Mr. Greg Howe
113 W. Mountain Avenue
Fayetteville, AR 72701
RE: Vantage Center
Street Tree Maintenance Agreement
Dear Mr. Howe:
It has come to my attention that the twenty (20) street trees planted along the right-of-
way through Vantage Center were not planted in conformance with the City of
Fayetteville Landscape Manual. It is the intention to Vantage Center, a Limited
Partnership, the owner of the development, to assume the responsibility for the
maintenance and replacement of these twenty (20) street trees for the life of the Vantage
Center project.
The maintenance of the street trees will include maintaining the irrigation systems to
water the trees, annual pruning and mulching of the trees, and replacement of any trees
that may die or become overly weak. Vantage Center, a Limited Partnership will also
include the approximately five (5) trees planted in the right of way on Frontage Road in
the annual pruning and mulching program maintained at the development, along with the
two (2) trees planted at the eastern entrance to the development (shown in blue on the
attached plat.)
If you have any questions, please let me know.
Thank you.
erely,
r
✓Vvv
es E. Lindsey,
resident of General Partner of
Vantage Center, a Limited Partnership
January 24, 2011
Planning Commission
ADM 11-3751 Vantage Center
Agenda Item 3
Page 6 of 10
i4 a
odea B _ o^
Roo pp0,094Q00090 CLOP 4*
iWO WS Pa
41117
Wgm;. amt
January 24, 201ti
Commission
ADM 11-3751 Vantage Center
Agenda Item 3
Page 7 of 10
ADM 11-3751
Close Up View
VANTAGE CENTER LANDSCAPE VARIANCE
A
l'ATE
41
ZION. RD
cc
0
0
x
ryas
PIOCC
PRNATE 4149
O
W
Q
CPZC
C-2
SR ?HERD I_N
EORGETOWNE SQUA
IC
0
0
z
a, `
0
Legend
PUBLIC 3
ADM1
Muti-
Futu
E DR
FORD DR
RMF.24
PRIVATE4198
STEARNS ST
ootprints 2010
Hillside -Hilltop Overlay District
Eli Design Overlay District
Design Overlay District
Planning Area
0 150 300
Fayetteville
600
900 1,200
F January 24, 2011
Pies mug Gunnniaiun
ADM 11-3751 Vantage Center
Agenda Item 3
Page 8 of 10
ADM11-3751
One Mile View
VANTAGE CENTER LANDSCAPE VARIANCE
Overview
41
Legend
Subject Property
AnMI 1.$751
i
liiAt RSF4 WE",
R6F4 b
'1 RI9✓3WW-R4
VMUS-$JS4£t tlg # c
asr4 Ag ascot
Ria RSI -4••"""a LS TrAgNE AVE _ i
nec-r
as ase -t SHARON S7
esRTR$tSTuaeLEFJEI.o.Ruafrlilts`11e-HiIftob Ot6rlay.District
.......'.':•
ADM
Boundary
11-3751
Design Overlay District
Planting Area
Fayetteville
0 0.25 0.5 1
Miles
January 24 2011
Planning Commission
ADM 11-3751 Vantage Center
Agenda Item 3
Page 9 of 10
January 24, 2011
Planning Commission
ADM 11-3751 Vantage Center
Agenda Item 3
Page 10 of 10
Ta e teville
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: January 19, 2011
PC Meeting of January 24, 2011
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
ADM 11-3754: Administrative Item (1211 EAST RIDGEWAY DRIVE/STEVE GRAGE, 409):
Submitted by STEVE GRAGE for property located at 1211 EAST RIDGEWAY DRIVE. The property is
zoned RSF-4, SINGLE-FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acre. The request is
for a variance from the requirement for an accessory dwelling unit to have separate water and sewer
service from the primary dwelling. Planner: Dara Sanders
Findings:
Background and property description: The subject property is located southeast of Mission
Boulevard at 1211 East Ridgeway Drive and contains a single-family dwelling constructed in
1960. The applicant has submitted an Accessory Dwelling Unit (ADU) application for a 600 sq.
ft. apartment garage on the subject property, as indicated on the attached site plan.
An ADU is subject to administrative design review and approval when the proposal meets the
standards outlined in Chapter 164.19(D), which limit the dwelling size and occupancy, regulate
the design of the dwelling to be compatible with the principal dwelling, and require that water
and sewer service for the ADU be connected directly to the public water and sewer system and
metered separately from the principal dwelling. Additionally, a property owner must
permanently occupy either the principal or accessory dwelling unit and must register the
dwellings on an annual basis with the Planning Division to verify occupancy requirements.
Proposal.: The applicant requests Planning Commission approval of a variance request from
Chapter 164.19(D)(7), the requirement for the ADU to connect directly to the public water and
sewer system and metered separately, stating that an existing wall on the subject property creates
a hardship by impeding access to public utilities.
Discussion/Staff Recommendation:
The requirement for separate water and sewer taps was included in the ADU regulations
primarily for purposes of enforcement, as Chapter 164.19(J) permits the City to turn off water
service to the ADU should the property owner no longer reside on the property. A secondary
purpose for this requirement is for the Fayetteville Utilities Department (water and sewer) to
understand the impact of the additional dwelling units on City services. The Planning
Commission has the authority under Chapter 164.19(G) to grant a variance from the requirement
for separate water and sewer taps if a hardship exists, such as difficult access or topography.
Staff has included in this report an aerial image with contours and the location of the public
Janus 24, 2011
G:IETCIDevelopment Services Review120101Development Review110-3742 ADM Courts at Whitham103 Planning Cmnmpig4 ILBOmmissjQf
101Comments and Redlines
ADM 11-3754 Grage
Agenda Item 4
Page 1 of 10
water and sewer mains in relation to the primary and accessory dwellings.
The lot is relatively flat and does not contain any special conditions that are peculiar to the land
that would prevent the ADU from connecting directly to the public water and sewer mains. The
water main is located approximately 12 feet from the west side of the proposed location of the
ADU, and the public sewer main is located in the public right-of-way for Ridgeway Drive
adjacent to the property frontage. A new sewer line could be extended along the northern portion
of the property, which would require boring under an existing masonry wall, or along the
southern portion of the property to connect to the public sewer main.
Recommended Motion: Finding no hardship that would prevent the applicant from meeting
the requirement for separate water and sewer taps for the ADU, staff recommends denial of
ADM 10-3754.
Planning Commission Action:
Motion:
Second:
Meeting Date: January 24, 2011
Vote:
❑ Approved
❑ Denied ❑ Tabled
Janu 24, 2011
G:IETCIDevelopmenf Services Review120101Development Review110-3742 ADM Courts at Whitham103 Planning Comm 'ii glebmmission
101Comments and Redlines
ADM 11-3754 Grage
Agenda Item 4
Page 2 of 10