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Home My WebLink About2011-10-10 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting October 10, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on October 10, 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 Plan 2030 Short Term Goals. Consent: 1. Approval of the minutes from the September 26, 2011 meeting. 2. ADM 11-3967: Variance (6111 W. JANA PLACE/RENFROE, 279/280): Submitted by JORGENSEN & ASSOCIATES for property located at 6111 WEST JANA PLACE. The property is in the PLANNING AREA and contains approximately 5.06 acres. The request is for a variance on the reduction of the frontage required on the public right-of-way. Planner: Dara Sanders 3. VAC 11-3944: Vacation (3670 N. LALIQUE LN./VPR INVESTMENTS, 169): Submitted by BATES AND ASSOCIATES for properties located at 3670 NORTH LALIQUE LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acre. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Old Business: 4. CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./BARTHOLOMEW (SALE BARN), 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 10.95 acres. The request is to utilize a trailer as a temporary leasing office, Use Unit 2, for an apartment complex. Planner: Jesse Fulcher New Business: 5. LSD 11-3903: Large Scale Development (2530 W. WEDINGTON DR./KUM & GO, 402): Submitted by CEI ENGINEERING for property located at 2530 WEST WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.54 acres. The request is for a gas station and convenience store containing approximately 4,958 square feet. Planner: Jesse Fulcher 6. CUP 11-3945: Conditional Use Permit (4618 N. COLLEGE AVE./FREEDOM FAIR, 096): Submitted by JEFF OLAND for property located at 4618 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 17.55 acres. The request is for a one -day fair, Use Unit 2, City-wide uses by conditional use, in the C-2 and R -A zoning districts. Planner: Andrew Garner 7. CUP 11-3947: Conditional Use Permit (1444 E. STEARNS ST./BELLAFONT LOT 2, 175): Submitted by JORGENSEN AND ASSOCIATES for property located at 1444 EAST STEARNS STREET. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.55 acres. The request is for parking in excess of that permitted in Chapter 172, Parking and Loading. Planner: Dara Sanders 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. Planning Commission September 26, 2011 Page 1 of 18 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 26, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED Consent: MINUTES: September 12, 2011 Page 3 Approved ACTION TAKEN VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329) Page 3 Old Business: Forwarded ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Page 4 Forwarded CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./ BARTHOLOMEW (SALE BARN), 562) Page 6 Tabled New Business: VAC 11-3931: Vacation (510 W. 11th St. & 989 S. SCHOOL AVE./CAMPUS CREST, 562): Page 7 Forwarded PPL 11-3902: Preliminary Plat (SUMMIT PLACE SUBDIVISION, 329): Page 8 Approved CUP 11-3937: Conditional Use Permit (180 S. HILL AVE./ECO MODERN FLATS, 522): Page 9 Approved LSD 11-3934: Large Scale Development (180 S. HILL AVE./ECO MODERN FLATS, 522): Page 10 Approved CUP 11-3919: Conditional Use Permit (4201 N. SHILOH DR./THE AMP, 135): Page 11 Approved LSD 11-3920: Large Scale Development (4201 N. SHILOH DR./THE AMP, 135) Page 12 Approved CUP 11-3932: Conditional Use Permit (1637 DEANE ST./LEGACY VENTURES, 365) Page 13 Denied October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 1 of 18 Planning Commission September 26, 2011 Page 2 of 18 CUP 11-3936: Conditional Use Permit (216 W. DICKSON ST./FIX, 484) Page 15 CUP 11-3942: Conditional Use Permit (170 E. 19TH ST./RITCHIE, 602): Page 16 ADM 11-3938: Administrative Item (UDC CHAPTER 164.12) Page 17 Approved Approved Forwarded MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook STAFF PRESENT Andrew Garner Jesse Fulcher Terry Lawson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioners Winston and Honchell. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 2 of 18 Planning Commission September 26, 2011 Page 3 of 18 Consent: Approval of the minutes from the September 12, 2011 meeting. VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SOUTH SIDE OF TOWNSHIP STREET EAST OF COLLEGE AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to vacate a portion of a utility easement throughout the subdivision. Motion: Commissioner Chesser made a motion to approve the Consent Agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 3 of 18 Planning Commission September 26, 2011 Page 4 of 18 Old Business: ADM 11-3932 Administrative Item (AMENDMENTS TO CHAPTER 178: Outdoor Vendors) Submitted by THE CITY OF FAYETTEVILLE PLANNING DIVISION to clarify Sidewalk Vendor requirements and to add hood vent requirements for Outdoor Mobile Vendors that serve food. Andrew Garner, Senior Planner, gave the staff report indicating that this item was tabled at the previous meeting and that the City Fire Marshall was present to answer questions regarding the proposed changes to the vent hood regulations for mobile vendors. Terry Lawson, Fire Marshal, discussed the background of the request. No public comment was presented. Commissioner Chesser asked when vent hoods would be required. Lawson explained that the vent hoods and fire suppression system would be required when cooking items that generate grease or smoke such as deep friers or a flat -top grill. Commissioner Hoskins asked for details about the vent system. Lawson explained the hood system and options for mobile situations. Hoskins asked about vendors for the BBBQ festival. Lawson explained the difference between the standard 90 -day outdoor mobile vendor permit that is inspected by the fire department and the BBBQ festival vendors that are not inspected by the fire department. Commissioner Hoskins asked about monitoring and inspecting these types of vendors. Lawson explained that the fire department inspects sidewalk vendors and other food vendors such as the food trucks and vans. Commissioner Hoskins discussed that he agrees with the concerns about vapors and smoke discussed by the fire marshal. He discussed that ceiling fans and exhaust fans should be adequate for these types of small applications such as in a food van. Ventilation makes sense, but requiring a hood and Ansul fire suppression system is very expensive and not necessary. Commissioner Chesser agreed with Commissioner Hoskins. Do other municipalities require this? Lawson stated that he was not sure. Commissioner Cabe discussed that in these small applications such as a food van he could picture an inexperienced high school or college student cooking food and a grease fire that could be made worse without the suppression system. He fully agrees with the proposed code changes. Motion: Commissioner Chesser made a motion to forward ADM 11-3932 as recommended by staff. Commissioner October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 4 of 18 Planning Commission September 26, 2011 Page 5 of 18 Cook seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Hoskins voted `no'). October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 5 of 18 Planning Commission September 26, 2011 Page 6 of 18 CUP 11-3918: Conditional Use Permit (510 W. 11TH ST. & 989 S. SCHOOL AVE./BARTHOLOMEW (SALE BARN), 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 10.95 acres. The request is to utilize a trailer as a temporary leasing office, Use Unit 2, for an apartment complex. Jesse Fulcher, Current Planner, gave the staff report. Heather Robason, applicant, indicated the reasons why they are requesting to be tabled. No public comment was presented. Motion: Commissioner Chesser made a motion to table CUP 11-3918 until the October 10, 2011 Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 6 of 18 Planning Commission September 26, 2011 Page 7 of 18 New Business: VAC 11-3931: Vacation (510 W. 11th St. & 989 S. SCHOOL AVE./CAMPUS CREST, 562): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for properties located at 510 WEST 11TH STREET AND 989 SOUTH SCHOOL AVENUE. The property is zoned CS, COMMUNITY SERVICES and contains approximately 12.16 acres. The request is to vacate unconstructed street right-of-way. Jesse Fulcher, Current Planner, gave the staff report. No public comment was presented. Heather Robason, applicant, indicated that the rights-of-way needed to be vacated to allow for development of the property. Motion: Commissioner Chesser made a motion to forward VAC 11-39321 with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 7 of 18 Planning Commission September 26, 2011 Page 8 of 18 PPL 11-3902: Preliminary Plat (SUMMIT PLACE SUBDIVISION, 329): Submitted by COOVER CONSULTANTS for property located the SUMMIT PLACE SUBDIVSION. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The request is to replat the existing residential subdivision from 50 into 123 single family lots. Andrew Garner, Senior Planner, gave the staff report. Gary Coover, applicant, was present for any questions. Commissioner Cabe asked the applicant if he agreed with the conditions of approval. Gary Coover, applicant, stated `yes'. No public comment was presented. Commissioner Hoskins asked about the utility plan and installation of new taps and asked about boring. Glenn Newman, Staff Engineer, discussed that yes the City will be adding new water and sewer taps and that they anticipate the new taps will be bored if possible. Motion: Commissioner Hoskins made a motion to approve PPL 11-3902 with all conditions of approval as recommended by staff. Commissioner Earnest seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 8 of 18 Planning Commission September 26, 2011 Page 9 of 18 CUP 11-3937: Conditional Use Permit (180 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by MODUS STUDIO for property located at 180 SOUTH HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.92 acres. The request is to allow a hotel, Use Unit 14, in the DG zoning district. Jesse Fulcher, Current Planner, gave the staff report. No public comment was presented. Leslie Tabor, applicant, stated that they were agreeable to all conditions of approval. Kit Williams, City Attorney, asked that the commission add a fourth condition of approval for the hotel use. "The owner shall promptly and fully pay all hotel, motel and restaurant tax due for the hotel rooms and fees and any other items subject to the city HMR Tax." Motion: Commissioner Chesser made a motion to approve CUP 11-3937. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 9 of 18 Planning Commission September 26, 2011 Page 10 of 18 LSD 11-3934: Large Scale Development (180 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 180 SOUTH HILL AVENUE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 2.92 acres. The request is for a three-story mixed-use building containing approximately 25,296 square feet. Jesse Fulcher, Current Planner, gave the staff report. No public comment was presented. Leslie Tabor, applicant, stated that they were agreeable to all conditions of approval. Motion: Commissioner Cabe made a motion to approve LSD 11-3934 with the conditions of approval as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 10 of 18 Planning Commission September 26, 2011 Page 11 of 18 CUP 11-3919: Conditional Use Permit (4201 N. SHILOH DR./THE AMP, 135): Submitted by CRAFTON, TULL AND ASSOCIATES for property located at 4201 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 105 acres. The request is to allow outdoor music, Use Unit 35, in a C-2 zoning district. Jesse Fulcher, Current Planner, gave the staff report. Bob Kelly, applicant, stated that they will start sound checks at 7:00 p.m. Kit Williams, City Attorney, asked the applicant's to confirm the starting time for any events and request that the start time allowed by the conditional use permit allow these events. Commissioner Hoskins asked if there was a new chain link fence proposed. Daniel Ellis, applicant, stated that there won't be a new chain link fence. The note on the plat is incorrect. Kelly indicated that they may have kids' events that start as early as 9:00 a.m. Motion: Commissioner Chesser made a motion to approve CUP 11-3919 including the conditions of approval recommended by staff with the exception of modifying the conditions of approval as follows: • New condition of approval: "The fence along the western boundary shall not be chain link"; • Modifying condition of approval No. 4 to change "November and March" to "November through March"; • Modifying condition of approval No. 3 to add a note that "The start time for outdoor music shall be 9 AM". Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 11 of 18 Planning Commission September 26, 2011 Page 12 of 18 LSD 11-3920: Large Scale Development (4201 N. SHILOH DR./THE AMP, 135): Submitted by CRAFTON, TULL & ASSOCIATES for property located at 4201 NORTH SHILOH DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 105 acres. The request is for a permanent facility for the Arkansas Music Pavilion containing approximately 12,940 square feet. Jesse Fulcher, Current Planner, gave the staff report. Bob Kelly, applicant, stated that they will start sound checks at 7:00 p.m. Kit Williams, City Attorney, asked the applicant's to confirm the starting time for any events and request that the start time allowed by the conditional use permit allow these events. Commissioner Hoskins asked if there was a new chain link fence proposed. Daniel Ellis, applicant, stated that there won't be a new chain link fence. The note on the plat is incorrect. Kelly indicated that they may have kids' events that start as early as 9:00 a.m. Motion: Commissioner Chesser made a motion to approve LSD 11-3920 finding in favor of all conditions of approval as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 12 of 18 Planning Commission September 26, 2011 Page 13 of 18 CUP 11-3932: Conditional Use Permit (1637 DEANE ST./LEGACY VENTURES, 365): Submitted by BATES AND ASSOCIATES for property located at 1637 DEANE STREET. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.88 acres. The request is to allow two tandem lots. Andrew Garner, Senior Planner, gave the staff report. Tim Brisiel, applicant, discussed the project and background on this site with a PZD being denied several years ago. Public Comment: Jason Anderson, 1641 Deane Street, adjacent property owner that recently bought a home from Tim Brisiel in this development, discussed drainage, was in favor of a circle driveway, danger with mailboxes being on Deane Street, lack of trash access into the development, a new fire hydrant that is needed, concerns with the elevation of the new home in relation to other homes in the development, concerns with more concrete and sidewalks going through this property. Commissioner Griffin asked Mr. Anderson for more detail about parking and drainage issues. Jason Anderson, 1641 Deane Street, discussed that if any visitors come the shared drive gets congested. He also discussed that water has soaked through the brick on his house and came out onto the patio. Tina Lamb, homeowner next door, discussed concerns with Mr. Brisiel's proposal and issues with the current development of only three existing homes. No more public comment was presented. Commissioner Hoskins clarified that staff agreed with Ms. Lamb's comments and was recommending denial of the proposal. He asked Mr. Newman about drainage. Glenn Newman, Staff Engineer, confirmed the direction of drainage on the site. He also described that if this is approved it would have to go through the preliminary plat process and drainage improvements would be required. Commissioner Hoskins stated that he doesn't think solid waste will drive in and serve this development. He discussed drainage issues and impacts from three additional homes. Tim Brisiel, applicant, discussed that the conditional use permit is just the first step. He described potential drainage improvements to get the water all the way to Sang and discussed drainage issues. He indicated that mail and fire would be okay with the U-shaped driveway. Commissioner Earnest discussed that this is not the perfect solution but would be okay. Commissioner Hoskins discussed the driveway potentially being constructed to a street standard. Glenn Newman discussed that the driveway has not been constructed to a street standard. Garner discussed reasons that a private street is not an option on this project at this point. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 13 of 18 Planning Commission September 26, 2011 Page 14 of 18 Commissioner Earnest discussed that the configuration of the property at this point would make it difficult to build a public street. Motion: Commissioner Chesser made a motion to deny CUP 11-3932 agreeing with staff's findings. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Earnest voted `no'). October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 14 of 18 Planning Commission September 26, 2011 Page 15 of 18 CUP 11-3936: Conditional Use Permit (216 W. DICKSON ST./FIX, 484): Submitted by WILLIAM RAY for property located at 216 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.27 acres. The request is for a dance hall, Use Unit 29, in the MSC zoning district. Jesse Fulcher, Current Planner, gave the staff report. William Ray, applicant, stated that he agreed with conditions of approval and will have the final document for Building Safety this week. Michael Thurman, neighbor, stated that there are problems with people after hours, throwing trash on street, loitering, etc. Commissioner Cabe asked staff if the hours of operation should be increased to allow dancing before 9:00 p.m. Fulcher stated that is how the applicant listed the hours on the application, but that the hours should be expanded for other events earlier in the day. Ray stated that they have security and do patrol the area at night. There is another business across the street to the west and that is where the loiterers are leaving from. Motion: Commissioner Griffin made a motion to approve CUP 11-3936 with the conditions of approval as recommended by staff with the exception of modifying condition of approval No. 1 to allow the hours of operation from "12 PM (noon) to 2 AM". Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 15 of 18 Planning Commission September 26, 2011 Page 16 of 18 CUP 11-3942: Conditional Use Permit (170 E. 19TH ST./RITCHIE, 602): Submitted by JASON RITCHIE for property located at 170 EAST 19TH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.08 acres. The request is to allow camping, Use Unit 2, in the 1-1 zoning district. Andrew Garner, Senior Planner, gave the staff report. Jason Ritchie, applicant, was present for any questions. He also stated that they have camping several times a year at their club and the BBBQ festival was just one time. No public comment was presented. Kit Williams, City Attorney, asked the applicant if the conditional use permit would work for them if it included the BBBQ festival and up to three additional camping events per year? Jason Richie, applicant, stated `yes'. Motion: Commissioner Griffin made a motion to approve CUP 11-3942 with the conditions as recommended by staff, with the exception of modifying condition of approval No. 1 to state that this permit was for camping during the annual Bikes, Blues, and Barbeque Festival, "...and up to three additional events per year, no more that four 24-hour days consecutive for each event". Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 16 of 18 Planning Commission September 26, 2011 Page 17 of 18 ADM 11-3938: Administrative Item (UDC CHAPTER 164.12): Submitted by CITY PLANNING STAFF. The proposal is to amend Chapter 164.12 Nonconforming Uses and Structures. Jesse Fulcher, Current Planner, gave the staff report. Commissioner Chesser stated that he saw many cases at the Board of Adjustment and that it is good to remove some of the obstacles provided in the code; fully in favor of the changes. Motion: Commissioner Chesser made a motion to forward ADM 11-3938 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. There being no further business, the meeting was adjourned at 7:40 PM. October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 17 of 18 Planning Commission September 26, 2011 Page 18 of 18 October 10, 2011 Planning Commission PC Minutes 09-26-11 Agenda Item 1 Page 18 of 18 �a'elteville Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of October 10, 2011 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: October 4, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 11-3967: Variance (6111 W. JANA PLACE/RENFROE, 279/280): Submitted by JORGENSEN & ASSOCIATES for property located at 6111 WEST JANA PLACE. The property is in the PLANNING AREA and contains approximately 5.06 acres. The request is for a variance on the reduction of the frontage required on the public right-of-way. Planner: Dara Sanders Findings: Property Description and History: The subject property is located in the Fayetteville Planning Area with street frontage onto Double Springs Road. This property is developed for a single- family home and is accessed by a shared driveway from Jana Place to the east. Unified Development Code Chapter 166.10(I)0) requires that properties located within the Planning Area have a minimum of 75 feet of frontage onto an improved public street. The applicant proposes to adjust the shared property line between the subject property and the property to the south, which would eliminate the subject property's frontage onto Double Springs Road and result in a nonconforming lot with only 25 feet of frontage onto an improved street (Jana Place). Request: The applicant requests a variance from the requirement for a property located within the Planning Area to have 75 feet of frontage onto an improved public street. Discussion: Considering that access to Double Springs Road has never been established for the subject property, staff recommends in favor of the request, finding that the proposal would not adversely affect the publicinterest. The subject property would retain its current and direct access to u r..a ova j' ... ..... »..�.... j. ,. �.J an improved public street (Jana Place) and to private and public utilities. Further, the adjusted lot would meet all other bulk and area requirement for a property located within the Planning Area; therefore, staff finds that approving the variance will not have the effect of nullifying the intent and purpose of this regulation. Staff has discussed this proposal with the Washington County Planning Department, who have no objection. Recommended Motion: Based on several site visits with the Engineering Division, staff recommends the following motions and conditions for ADM 11-3967: 1. Planning Commission determination of a variance from UDC Chapter 166.10(I)(1), Residential Lots. The applicant requests a variance from the requirement for a property located within the Planning Area to have 75 feet of frontage onto an improved public street. G:IETCIDevelopment Services Review120101Development Review110-3742 ADM Courts at Whitham103 Planning Commission101-10- 101Comments and Redlines October 10, 2011 Planning Commission ADM 11-3967 Renfroe Agenda Item 2 Page 1 of 6 Staff recommends in favor of the request, finding that the proposal would not adversely affect the public interest. The subject property would retain its current and direct access to an improved public street (Jana Place) and to private and public utilities. Further, the adjusted lot would meet all other bulk and area requirement for a property located within the Planning Area; therefore, staff finds that approving the variance will not have the effect of nullifying the intent and purpose of this regulation. 2. The 30' access easement shown on the associated property line adjustment plat shall be required to be dedicated and maintained by the shared property owners. 3. Approval of this variance and the proposed property line adjustment will result in a tandem lot; therefore, the setbacks shown on the plat for the subject property shall be revised to 15 feet from all property lines prior to recordation. Planning Commission Action: ❑ Approved ❑ Denied ❑ Tabled Meeting Date: October 4, 2011 Motion: Second: Vote: G:IETCIDevelopment Services Review120101Development Review110-3792 ADM Courts at Whitham103 Planning Commission101-10- 101Comments and Redlines October 10, 2011 Planning Commission ADM 11-3967 Renfroe Agenda Item 2 Page 2 of 6 09/19/2011 09:26 FAX f�oo1 JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRIDGE, SUITE 5 City of Fayetteville 113 W. Mountain Fayetteville, AR. 72701 FAYEITEVILLE, ARKANSAS 72703 • (479) 4429127 FAX (479) 582-4807 DAVID L. JORGENSEN, P.B., P.C.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. 9/19/11 Att: Dara Sanders Re : Renfroe PLA project # pla 00-3827 Renfroe The pla for Renfroe will eliminate access to Double Springs road for parcel # 001-17603-002 ( the Kern Property). However this property does have 25' of frontage from Jana Place as does the Renfroe property. Access to the Kern and Renfroe property is by way of Jana Place. The Kerns wish to build a garage on the property next to the tennis court if this pia is approved. The Kern property and Renfroe property do have water service from Jana Place. Both properties are on septic systems and both owners are in agreement with this plan. This variance request would be for reduction of the frontage required on public right of way. Please call concerning any questions you may have. Thank you. CinrPrPly vawva v.�, David L. Jord/�ensetiP.E. • PUBLIC WORKS • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING • October 10, 2011 Planning Commission ADM 11-3967 Renfroe Agenda Item 2 Page 3 of 6 • 1 2- AoM kk Wel October 10, 2011 Planning Commission ADM 11-3967 Renfroe Agenda Item 2 Page 4 of 6 LEGAL DESCRIPTION: (ORIGINAL PARCEL #000-17803.002) A PART OF THE SEI/4 OF THE 5E1/4 OF SECIWN .35. TIM. R31W IN W45NINnTON COUNTY, 49949556 AND REIN& DESCRIBED AS FOLLOWS' BEGINNING AT THE NE CORNER OF SAID SENA, 3E1/4 THENCE 500 59'115 388.38 FEET, THENCE 539'45.02"W 1173 85 FEET TO THE CENTERLINE OF N DOUBLE SPRINGS ROAD, THENCE ALONG SAID CENTERLINE NI0`$5'48'W /7.27 FEET. THENCE N09°63'04'W 58.74 FEET. THENCE LEAVING 5@M CENTERLINE 989116'26'6 690.61 FEET, THENCE N00°58'52'W 263.98 FEET, THENCE N891616'E 495 03 FEET m THE P 0.B . CONTAINING 5.16 ACRES NONE 0.4 LESS SUBJECT TO EA2E7ENTS ANO RIGHT 0E WAY OF RECOR0. LEGAL DESCRIPTION (REVISED PARCEL #007-(7603-002) A PART OF THE 561/6 of THE 5094 OF $FOPON 35. TON, 931W IN WASNINDTON COUNTY, ARNAN5A5 ANO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER of Sem 508/4. SEW, THENCE Sor59'll'E 348.38 FEET, THENCE 389'45'02'W 82.35 PEET, THENCE 52912'20-W 135.03 FEET, THENCE 975'40'23"W 7.20 FEET THENCE N29I270'E 1!445 FEET, THENCE 5E9 '45'021V 333,71 PEET. THENCE NO0"58'52'W 344.24 FEET, THENCE N59'16N0'E 493.03 FEET To THE P 0 B., CONTAINING 4.14 ACRES MORE 0R LESS SUBJECT 70 EASEMENTS ANO EIGHT 0P 947 OF 90(090. LEGAL DESCRIPTION. (ORIGINAL PARCEL #000-17603-0031 A PART OF THE SEUL OF THE 5E1/4 OP SECTION 35. TUN. 93)W fN WASHINGTON COUNTY,, ARKANSAS AND BEING PF5CRI5ED A5 Feuaws_ Cm -NEN -CNC AT THE NE CORNER OF 6470 3E1/4. SEI/4 THENCE 500'5971'E 348.38 FEET TO THE 7.0.5.. THENCE 500`597I -E 198.67 FEET. THENCE 98915'54W 1741.02 FEET TO THE CENTERLNE OF N DOUBLE SPRINGS ROAD. THENCE ALONG SAID CENTERLINE NIV4P275W 132.11 FEEL THENCE NI0`55'48'W 50.44 PEEL THENCE LEAVING SATO CENTERLINE 989'45'02-E 073.05 FEET TO THE P 0.9-, CONTAINING 5.0! ACRES MORE OR 0055 SUBJECT TO EASEMENTS AND 01697 OF WIT OF RECORD. LEGAL DESCRIPTION: (REVISED. PARCEL #001-17603-003) A PART OF THE 501/4 sr THE SE1/4 OF SECTION 35, TON, R31W IN WASHIN0T9N COUNT7, ARNANS4S AND BEING oESCRJSE0 AS FOLLOWS. COMMENCING AT THE NE CORNER OF SAW 007/4. S0174 THENCE 500'59'100 348.38 FEET To THE 7.0.8., THENCE 500'59'11'6190.57 FEET. THENCE N8915'54'W 1141.02 FEET TO THE CENTERLINE OF N DOUBLE 31.10965 ROAD. THENCE AL006 SAID CENTERLINE NN°41'20"W 732.11 FEET. THENCE N10°55148"W 07.71 FEET THENCE N09'43'04'W 58.74 FEET. YHENCE LEA0195 54m CENTER1.I90 9691826T 690.67 FEET, THENCE S00'56'52'E 80_26 FEET, THENCE N89'4.302T 333-71 FEET THENCE 0291270'W 07.45 FEET, THENCE 075°40'23'6 7) 20 FEET, THENCE N29°12'20'0138.03 FEET, THENCE N89'45'027 8235 FFEr TO THE P. 09.: CONTAINING 8.03 ACRES PORE 09 LESS SIADIECT IO FASO -PENES AND RIGHT OF WAY OF RECERO. PART OF 001-17505-000 FAANDLIN BJRTZ 2605 N. DOUBLE SPRINGS ROAD S FAYETTEVILLE-.40 7704 y$ 1 I >1 (000WTY-IOU/ACRE) • vb 1� V. 001-8]507-000 �v H,. RS40'7 DAM 06 a 60'2 AR /W v G. 64419 STREET tiiiiiii LINCOLN, 7ID4E 410 43.0 ' 0/5 501E 4 0.0/ACRE) X_ne.I� = x= X- 4 N09'43'94"W -� 59.74' 1 35' S 3 NI O'55'19"VT LSP 17.21' Ni9'54 5B"W%%t 50.44' CENTERLINE -570190560 VAS i. .e. .51w. !ROCHA: PER MAS TER STREET 'LAN 0/5 P.O. 80X 8713 1 -- 4049£ttM.' F6r6TTEVILL£, AR. 72703 (c0IINTY . 19.7/8CRF) ` 3J YR/4 008-17009-000 DAVID 9697006 0117 JANA H.509 FAYETTEVILLE, AR 72704 (COUNT 7 -IDU /ACRE) LFRTIEISAT0 OT #0001451 0I 09.4057. NOTES. U PLAT PAGE. 779 2) PARCEL *001-17603-002 6 001-17603-003 3) BASIS OF ROTATION - SURVEY BY ALAN REID 6 ASSOCIATES FOR REMAA 8 ASSOCIATES DATED 9127/05 AND SURVEY 8Y JORGENSEN 3 ASSOCIATES FOR DAVID RENFRO DATED 5/19/08. 4) THIS PROPERTY IS NOT AFFECTED BY THE 100 YEAR 11000 PLAIN A5 PER FIRM #05143C0185F B #05143002050 DATED MAY 16, 2004, 5) STATE PLANE BASED ON CITY OF FAYETTEVILLE STATE PLANE COORDINATE SYSTEM. 5T47EPLANE Ce0601NATE5 NORTHING - 050751740 EASTM0 - 647158.9100 VICINITY MAP FAVEPTEVBIE .099190 AS ILK) 007-17593-060 PICA B VEBBI£ KERN 611417 JANA PLACE FAYETTEVILLE, AR- 72706 (COUNTY - 0.7/ACRE) WASHINGTON COUNTY, ARKANSAS STA TfPLANE CooRnINAT3S: NORTHING -650627 5900 EA5TING - 644233 7.470 999.16'16149 495.03' Y k -a -- tires PA 01 &1 FOUND COTTON SPINDLE • FOUND IRON PIN O SET 8RON PIN N CAP X CALCULATED POINT BUILDING SETBACK CENTERLINE R/89 UTIL777 EASEMENT_ PROPOSED LOT LINE 58137196 WATERLINE ACCE55 EASEMENT 001-17603-001 DAVID RfNFROE 57/14AN4 PLACE FAYETTEVILLE AR. 72704 (COUNTY - 10.0(ACRE) B 2 011 0l 0 SB (44 'Sea Frofelth lint6 W%skin9 Eco f"ky %ne5 41990X. Lo[4hoN OF SEPTIC 5Y5TEN NE CONNETri S£IP4, 5974 35-1741 (PIP') 2D.' 510 N E s .P.O.B. ORIGINAL 949009 8001-17605-007 8 RE05E0 PARCEL #001-17605.005 31 DOUBLE TREE ESTATES /PHASE 21 EXISTING FENCE (BARBED WIRE) N29"18'26"E 590.61' 812.50 RE 10 67 JORGENSEN B ASSOCIATES (045UL71115 ENGINEERS. IHC 124 WEST SLWSROGE SIRTE e FAYETTEVILLE. AR 2E704 (570) 487-9127 4161101 1INT ire PIAT57767 56.5 051061000 11541011 7.5 4 707E +600 ry1864? 204000 46, MIA5 TAS Ircw.m5Trs x465 •K4 PLACED e5 5808605090610 AS 6030600 4E-RFGYLATMVS. 5)4I103105 460 Srt0,174T1070 Fa.) 701 4)1015158, 1106746300Or 411019w00 nn OF NDNTww0RATSI LAND 1N WASI1.1I4-4701 C04w66'. SURVEYOR 9'45'02"W 11113. re'GRAVEL 0RIV�Li5, \ 5 `5 T 14 m Xln 499904. LOCAPCN OF SEPTIC 57574.41 9' GRAVEL 1)RIVE1 .5 X' A•OSEO LOT LIME EATI/355 4415^, //2-60164144 0" 5 B. / t//ORIGINAL PARCEL /6 tib/ /7 y 1001-17005-00.1 1, ARC 6 /UER/A REVISED PARCEL gi0 ) s001476G5.00s 4CCE NN /) 57AryEYFIL£*200001145Z /40‘.) 55 97547 AS PER O L r�siB�1'E els 0- 0 -GRAVEL ORlvf 1099560 LOT LINE I 30' S B..Y II ACCE55 E5FIT 45 PER 2610917 FILE 42001011455 1 J OWNER- (74RCE4 800147605-003) DWN£R: (PARCEL 1001-17601.002) 0#711 & J£R1LYN RE:WARE 6111 W ..)1861 PLACE F4 VETTEV8010 AR 72704 .L4711a 00901E NEM 616 W JIN4 MACEFAVETTEVPo5E, A2 72708 CMIVxn1E OF Omw9 6RSPh5 Ane PS0xanu7: WF. THE En5E11BI0405 O*.MEPS 0P 7.M 6E4L ESTFi5 BLOWN AND 06557059 MOWa 47 .005/0.11155 THE PUBLIC ALL EASBIENT3. LEM PARAS. AND 97614)MLIC 4065 5n0NN 57011 THIS 041 SAM 53500411 Plat AE ION UP 21A501 as ME 001' YTILY FAYETTEVILLE A5 ALL L ITT 50r11.4111. 6,1 V 0115 CABLE IE PV 55194X145 4015 S M 5113NENIS STALL IE 016 PLf PURPOSE DF CaNSTRUCTMNI, n4MM'M IA5, 7EPAIRM6, A4616, APg.PLA[Mgmu17 MEG CABLE 701STW 1fUNE,. ANP 5145005E 5TTIISMAE6. THE Orr IN 05 FAYETTEVILLE. AALL ',terry 45006.1411. ANP LCAEILE 005604 COMPANIES 511411 TAME WE 65547 50 ITB0LS1 490 5080$5 10 SAID 5ASETEKR ATP TME -Met TO FROIN' 764E .55211CX OP 0-5001.145,09MVOi5, /1/19001 494 ;EMCEE MW 5410 EASEMENTS. N139'15'54 NV 1141.02' O 08-7619006 JENNIFER SCOTT 950 MORRIS AVENUE G REEN BAY. WI. 54504-4601 (COUNTY - f all /ACRE) DAM 5111059 0.14.048 GRAPHIC SCALE 0 b W 110 5,0 ( IN FEET ) 1 Inch a 60 IL r1'serBaGS v.E. r5' BLDG POOLE TREE ESTATES PHASE BI 2060 0.- Tw '-O t--ar20 U£ vN BUILDING SETBACN TABLE FRONT SIDE REAR 25' 113 SCALE I'=66 JORGENSEN & ASSOCIATES I DATE 04MARCNII CIVIL ENGINEERS • DATE REVISED CHEC9E11 BY 014 DRAWN Rg 0J9 •10/1517558341910117510 SURVEYORS I LOT LINE ADJUSTMENT FO!? 1 1 , 2011 P anning Commission ADM 11-3967 Renfroe Agenda Item 2 Page 5 of 6 ADM11-3967 RENFROE Close Up View KENNEDY DR BANNISTER DR SUBJECT PROPERTY DM11-3949 al Footprints 2010 Hillside -Hilltop Ov rlay District rill Design Overlay Di•trict Design Overlay Di.trict 0 125 250 500 750 1,000 Planning Area Feet October 10, 2011 Planning Commission ADM 11-3967 Renfroe Agenda Item 2 Page 6 of 6 �a .leville Y ARKANSAS PC Meeting of October 10, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: October 4, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 11-3944: Vacation (3670 N. LALIQUE LN./VPR INVESTMENTS, 169): Submitted by BATES AND ASSOCIATES for properties located at 3670 NORTH LALIQUE LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acre. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Property Description and Background: The subject property is located in the Belclaire subdivision at 3670 Lalique Lane. On March 16, 2011 a building permit was approved to construct a house on the property. A survey prepared in August 2011 revealed that southern portion of the home encroaches 2.5 feet into a utility easement that runs along the southern property line. Request: The applicant's request is to vacate a portion of the existing utility easement to accommodate the recently constructed home, as indicated on the attached survey. The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Eiectriic No Ob e ctions ♦w nh:a uvam Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections October 10, 2011 Planning Commission VAC 11-3944 VPR Investments Agenda Item 3 Page 1 of 16 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: Staff recommends forwarding VAC 11-3944 to the City Council with a recommendation for approval subject to the following conditions: 1. Any damage or relocation of utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: October 10, 2011 Motion: Second: Vote: Note: October 10, 2011 Planning Commission VAC 11-3944 VPR Investments Agenda Item 3 Page 2 of 16 Bates Associates,1 nc. Civil Engineering '- Surveying 91 W. Colt Square Dr./ Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 www.nwabatesinc.com To the City of Fayetteville's Planning Commission & City Council: Our client, VPR INVESTMENTS LLC, is proposing a utility easement vacation within the City of Fayetteville City Limits. The subject easement is adjacent to the south line of lot 34 in Belclaire Estates (3670 Lalique Lane). Our client wishes to vacate a portion of the ten foot utility easement due to an existing house encroaching into said easement. If you have any questions please feel free to contact us. Sincerely, Derrick Thomas PLS October 10, 2011 Planning Commission VAC 11-3944 VPR Investments Agenda Item 3 Page 3 of 16