The URL can be used to link to this page

Home My WebLink About2012-07-09 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting July 9, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on July 9, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the June 25, 2012 meeting. 2. VAC 12-4147: Vacation (510 W. 11" ST. & 989 S. SCHOOL AVE./THE GROVE, 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 12.16 acres. The request is to vacate a portion of right-of-way. Planner: Jesse Fulcher New Business: 3. ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID, 174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the Conditions of Approval. Planner: Quin Thompson 4. CUP 12-4150: Conditional Use Permit (1722 N. STARR DR./ST. JOSEPH CHURCH, 373): Submitted by JORGENSEN AND ASSOCIATES for property located at 1722 NORTH STARR DRIVE. The property is zoned R- A, RESIDENTIAL- AGRICULTURAL and contains approximately 11.32 acres. The request is for a conditional use permit for a playground, walking trail, and sports field (Use Unit 4). Planner: Quin Thompson 5. RZN 12-4146: Rezone (4054 W. STARRY NIGHT VIEW/OAKBROOK III PZD, LOTS 52, 53, & 54, 361): Submitted by PARADIGM DEVELOPMENT ENTERPRISES, INC. for properties located at 4054 & 4076 WEST STARRY NIGHT VIEW AND 1907 NORTH BEST FRIEND LANE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONNING DISTRICT (OAKBROOK III) and contain approximately 1.73 acres. The request is to rezone the subject properties to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Jesse Fulcher The following items have been approved administratively by City staff: LSP 12-4149: Lot Split (2008 S. ASHWOOD AVE./MCFANN, 599): Submitted by BLEW AND ASSOCIATES for property located at 2008 SOUTH ASHWOOD AVENUE. The property is zoned NS, NEIGHBORHOOD SERVICES and contains a total of 0.47 acre. The request is to divide the subject property into two tracts of approximately 0.25 and 0.22 acre. Planner: Quin Thompson NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff or others for response. Please keep your comments brief to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 25, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: June 11, 2012 Approved Page 3 VAC 12-4141: Vacation (555 W. MAPLE ST./555 MAPLE, 484): Forwarded Page 3 ADM 12-4136: Administrative Item (2768 E. SHAGBARK/ZWEIG, 294): Approved Page 3 New Business: ADM 12-4169: Administrative Item (519 W. DICKSON ST./GEORGES, 484): Page 4 Approved RZN 12-4135: Rezone (521 N. COLLEGE AVE./RODDEY, 445): Page 5 Approved Planning Commission July 9, 2012 Agenda Item 1 06-25-2012 Minutes Page 1 of 6 MEMBERS PRESENT Matthew Cabe Tracy Hoskins Craig Honchell Sarah Bunch Ryan Noble Kyle Cook Porter Winston Blak Pennington William Chesser STAFF PRESENT Jesse Fulcher ASSISTANT CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. Planning Commission July 9, 2012 Agenda Item 1 06-25-2012 Minutes Page 2 of 6 Consent: Approval of the minutes from the June 11, 2012 meeting. VAC 12-4141: Vacation (555 W. MAPLE ST./555 MAPLE, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 555 WEST MAPLE STREET. The property is zoned DG, DOWNTOWN GENERAL. The request is to vacate a portion of un -built right-of-way. ADM 12-4136: Administrative Item (2768 E. SHAGBARK BEND/ZWEIG, 294): Submitted by ALAN REID AND ASSOCIATES for property located at 2768 EAST SHAGBARK BEND. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONING DISTRICT (R-PZD 05-1618 HICKORY PARK SD) and contains approximately 0.23 acres. The request is to amend the setbacks of Lot 14 in the approved R-PZD 05-1618 Hickory Park 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 9-0-0 Planning Commission July 9, 2012 Agenda Item 1 06-25-2012 Minutes Page 3 of 6 New Business: ADM 12-4169: Administrative Item (519 W. DICKSON ST./GEORGES, 484): Submitted by NEAL CRAWFORD for property located at 519 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.45 acres. The request is for a parking variance to allow for the addition of back stage space and a dressing room. Jesse Fulcher, Current Planner, gave the staff report. Neal Crawford, applicant, stated that he had read the conditions and was available for questions. Motion: Commissioner Cook made a motion to approve ADM 12-4169 as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission July 9, 2012 Agenda Item 1 06-25-2012 Minutes Page 4 of 6 Planning Commission June 25, 2012 Page 5 of 5 RZN 12-4135: Rezone (521 N. COLLEGE AVE./RODDEY, 445): Submitted by COMMUNITY DEVELOPMENT PARTNERS, LLC for property located at 521 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.34 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Jesse Fulcher, Current Planner, gave the staff report. Tom Hardy, applicant, stated that he was excited about the project. Motion: Commissioner Chesser made a motion to approve RZN 12-4135 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 6:40 PM. Planning Commission July 9, 2012 Agenda Item 1 06-25-2012 Minutes Page 5 of 6 Planning Commission July 9, 2012 Agenda Item 1 06-25-2012 Minutes Page 6 of 6 aye siee / KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of July 9, 2012 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: July 3, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 12-4147: Vacation (510 W. 11T11 ST. & 989 S. SCHOOL AVE./THE GROVE, 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 12.16 acres. The request is to vacate a portion of right-of-way. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located south of Martin Luther King Jr. Boulevard and west of South School and was formally used as the Washington County Sale Barn. The approximately 12.16 -acre project boundary has frontage onto South School, 1 1th Street, Dunn Avenue, National Street, and Government Avenue. A Large Site Improvement Plan (LSIP) for a multi -family development was approved in 2011 and is under construction. All of the adjacent streets will be improved on the project side, including new curb and gutter, greenspace and sidewalks. Request: The applicant's request is to vacate approximately 500 square feet of right-of- way within the right angle created by the two intersecting street right-of-ways. A small retaining wall is required to be constructed adjacent to the private sidewalk in this area, but isn't permitted within street right-of-way. Right-of-way Vacation Approval: The applicant has submitted the required right-of-way vacation notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections G:\ETC\Development Services Review \2012\Development Review \12-4171 VAC (Campus Crest)\11 Planning Commission \07-12- 12\Comments and Redlines Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 1 of 16 Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/S ewer 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 12-4147 to the City Council with a recommendation for approval subject to the following condition: 1. The vacated right-of-way shall be retained as a utility easement. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: July 9 2012 Motion: Second: Vote: Notes: G:\ETC\Development Services Review \2012\Development Review \12-4171 VAC (Campus Crest)\I1 Planning Commission \ 07-12- 12\Comnents and Redlines Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 2 of 16 MORRISON SHIPLEY ENGINEERS • SURVEYORS May 25, 2012 City of Fayetteville Planning Division 125 W. Mountain St. Fayetteville, AR 72701 Re: Right -of -Way Vacation Request The Grove at Fayetteville Dear Commissioners and Councilmen, Campus Crest Development is constructing a student housing development located on the old Sale Barn Property in South Fayetteville. Construction plans include a two foot tall retaining wall at the corner of National Street and Dunn Avenue which parallels the back of sidewalk but encroaches in the existing street right-of-way. Although the street right of way makes a 90 degree angle, the curb and sidewalk are curved. Since the City does not allow retaining walls within their right-of-way, we are respectfully requesting to vacate this corner of right-of-way. Exhibits along with legal descriptions have been attached for your review. If you have any questions or need additional information, please do not hesitate to contact me at (479)273-2209. Sincerely, Morrison -Shipley Engineers, Inc. Sammi May, P.E. Project Manager 2407 S.E. Cottonwood Street Bentonville, AR • 72712 479.273.2209 • Fax 479.273.2553 Plannimwedraaffssiaiialey.corn July 9, 2012 Agenda Item 2 VAC12-4147 Page 3 of 16 Box �813.271 9w+08E0 i =.072710 670.532645 418.31' 401313 Sop.. Do 1 57124.52(5) 5075 852. 78E412. 687528831 20431 669.0730"1 146 34511 i23smRIR "57-4744 L 0 1450.8 7979 0 84I05Faeen .0 18778 DEAN5,54 0 5,73664' M44115123(N) I24. C6=34P44'4]"E 08=33.33' 6,79543114"E 22824 15 so Nin. a pg 72 TRACT 1 10.72 AClot Lt=1"1111r PTARS 1320 .0.222 .304 2,57.5. Tr - _u 82 0 0547 1088 51554554 Spxe5 8,67.127 588205144 5,8125368 5825825.62 8117123'381W 36 85784 05315 SW Bomar 00 0301. 114 514545455, 7551545 PIE IItre 9 SaR ry-Page (0557451 Eevm I60'29315 3293 _ 3 S2'2535E 2245 12 E �N3l•23'3R•W349.4 W TN TRENT ,IIF �; a b 81 O 5245946405 5000' B723'35"12 10200' 3.501011n 2=3559' R=24.00 CB=844.5 96'E CC=324? 0 Q Gem APPROVED ON IAYaTLVILLE PLANNING ADMINISTRATION r& AaalEdl-.6.IL LEGEND 108Way Lino 204▪ 24837 lner Sea ifrp 94 5752014,58 ▪ II • Tnn4R88.015 3 4(851705) 80.1,545 14 4531391413311213e • 53433133w NNTA.I o 171.050 VA T 7 L - J 147.1750 Par 34522017 0070021.8 ew18g20810/11.7 7.00IP 884cram. 451 —nH404'464mma(0S7 5445' 57724 822104 420Eee 05574584k1581,1450 Mb µa I 55147, 5, 14778,56 a la yr - CS Setback Regala5ms Prem. The 78 ,487am�SM4rt 100120 542848M4 7mmmZone e 7mv 7gary LMe. 502 Mf 4457 .4.41741771244002520 rS Q Pµwp 7233315 Pmn,44540232 22131 040e47/ 70525 422 827443.8844AR 72782 17.184.1 769-140407000 um. a +dMaka Seo avowal'', men 70oar 4221 84547852.4772802 749-1453,000 unuee sea, wrimodc., s. of yam,. An en 547 a wmman1454.. 74p04Nk AR 72751 2442-24 885452014474477443.54500017144471078415 054477844IA5; 75X04'/77=72701 RFN 75594719.080 WP Sneer en41&OammnwlA,a Fa7el4W6AR 7170/ 181024 8 76,04752700a UM. 431214 2705.54e4V4ren 0 AOen 41 R Go35mmeNAw5 FepmW5. AR72NI 75,04750500 048847 S 0844o85452 75464785454.717!47874222784844 1120/ a 255047497100 5138885535.8 44454M841417355 724.21.72372774 409 53444454 SWtl 755152108577843284 84541144254772791 ]0.b4748090HANN5N2an2407826DN51w44 42m.hn574A.. AN 72705 7 78544717.. aeme,333i7TN4570545144. 74y4HNm A' 71757 12 785-05508015 un ars 05•7022115570 Box 140. 244 &mm. 9872557 _ 72 78425 04422440 mo am 7044 84781407.47 72557 Oa /4 70'512[23 5nners rern, Po0.516.81105-153.n AR CS 14 725055/ 414548el5 a 5tl4d 775717WN AR 72101 00 21064477248 44404074A52w4� 514&475242eb„ 85221790-171 AR 72103 56 17 1557055124000 ke.N9mbv.A77205e Raney, Ray, Pats.. 22791Pp 8 745[1514.089 174 nM1a 4244152518,r..747875&7;50e 4172719 le 7,95. 400 1187.20471015.541537025.370.70050137.1472701 7250.54387020 Ne Avele 5lmm; 410E AAA S. 7533342 211172781 74 Jen 4Angel a5Th4252512454747477281. AR 72771 Au 05 787,0543,000 Joe 42.45515.854251.551125.51. 857475edb. .4872751 6 es 541446050 be 835777545747904255, 5E17552„8e7554815 AR 72701 422 E. 7.7.(058 0 Are r2207 00 72.510 55954 5478554020510789 3E0Oe1�7, SIM FercMNPoA4nm9 8555518084 EM ¢nglem7Mpa7,w 1143308 2478 yv24W114272709 DE 21 116512]95000 E 784am 5544 7arc 4wre. at 78709 e 1WM5mr442542 IIA 454517 45445578708111,24 25 540 822745465440545827747775575475447.. 77858448804.38 73701 90 75E1242600 2337210 ONNINANDSe42554 N NAGE Ra828524457953 v�4n 0amry3ere 54577810W.5r0 477ewre 72724 u 755724047090 7 454891814132824378 80.110.2.78172701 1.1 00 -16N -30W-5-21-401 703 PROPERTY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION CAMPUS CREST DEVELOPMENT, LLC Project No. CCD -01 November22, 2011 Plat Page 221561-56f3lannin. ConN`Fiisegii8rPf 2 July 9, 2012 Agenda tem 2 VAC12-4147 Page 4 of 16 IC/E3\ 0' B ?5' BSL Porch 9 ^ -rThVAC12-4147 Page 5 of 16 3 30 0 30 Scale in Feet Right-of-way Vacation Description: Beginning At The Intersection Of The Existing North Right-of-way Of National Street And Existing East Right-of-way Of Dunn Avenue; Thence 51 "11'27"W, A Distance Of 48.32 Feet, 77.36 Feet Along A 51.00 Foot Radius Non -Tangent Curve Left, Whose Chord Bears N42 `15'54'W, A Distance Of 70.15 Feet; Thence 585'4314"E, A Distance Of 48.32 Feet To The Point Of Beginning. Containing 491.72 Square Feet More Or Less. Right-of-way Per Property Line Adjustment And Right-of-way Dedication File # 2001-00033075, Dated 11/30/2011—) NATIONAL STREET Right-of-way To Be Vacated Per This Document Campus Crest Development 2100 Rexford Road, Suite 414 Charlotte, NC 28211 S8543'14'E 4832 I�u L=77.36' R=51.00 CB=N42°15'54"W CD=70.15 National Cemetery PO Box 4221 Fayetteville, AR 72702 K ti P.O.B. Manning ommission July 9, 2012 Agenda Item 2 VAC12-4147 Page 6 of 16 a-'0 III MORRISON SHIPLEY ENGINEERS • SURVEYORS 2407511=ottonnM, • e.Mo,M=••AR72712.47.27S2709• mon•unne•proyn RIGHT-OF-WAY VACATION EXHIBIT 5-1�012 Prci ice Pia CCD -01 Fayetteville, Washington County, Arkansasop w Ib Manning ommission July 9, 2012 Agenda Item 2 VAC12-4147 Page 6 of 16 Rx Date/Time MPU-15-2012(TUE) 08:06 P.002 05-15-12;08:09AM; ;479-684-4617 # 2/ 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE; May 2012 UTILITY COMPANY: C% Z 4 ga k S C% Campus Crest 704-495-2500 APPLICANT NAME: APPLICANT PHONE REQUESTED VACATION (applicant mast cheek ajlthat apply): - Utility Easement • Right-of-way for alley or *eets and all utility easements located within the vacated right- of- way. Alley • ( Street right-of-way,? I have been noted of the petition to vacate the following (alley, easement4ight-of-way, described as follows: General location / Address (referring to attached document- must be completed") ••Portion of street right-of-way located at the comer of National Street and Dunn Avenue. (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 vacations) described above, provided following described easements are retained. (State the location, dimeaaions, and purpose below.) • No objections provided the following conditions arc met: Signature of UM' r ompany Representative s{-4/ ler "v.) Te CC Title July 2009 Page 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 7 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: May / 7, 2012 UTILITY COMPANY: Cox Communications APPLICANT NAME: Campus Crest APPLICANT PHONE: 704496-2500 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] I have been notified of the petition to vacate the following (alley, easement rtg t -of w , described as follows: General location / Address (referring to attached document- must be completed") „Portion of street right-of-way located at the corner of National Street and Dunn Avenue. (ATTACIIlegal 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 to or relocations of our existing facilities will be at the owners/deverlopers expense. Signature of Utility Comp y.t Representative Construction Planner NWA Title July 2009 Page 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- Olt- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: May f 2012 UTILITY COMPANY: AGI - dW sPW Campus Crest 7041196 2500 APPLICANT NAME: APPLICANT PHONE: 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 - C. -Street right-of-wayy,,) I have been notified of the petition to vacate the following (alley, easetnent,Sq-71ft, described as follows: General location / Address (referring to attached document- must be completed**) „*Portion of street right-of-way located at the comer of National Street and Dunn Avenue. (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: Si are of Utility Company presentative Title D,SIC 5;15 linter-- Title inter July 2009 Page 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: May Z2- 2012 UTILITY COMPANY: R Yr Campus Crest t 704-496-2500 APPLICANT NAME: Campus PHONE: 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 I have been notified of the petition to vacate the following (alley, easenrenr ro t-nf General location / Address (referring to attached document- must be completed") ",Portion of street right-of-way located at the corner of National Street and Dunn Avenue. described as follows: (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 casements are retained. (Stale the location, dimensions, and purpose below.) • No objections provided the following conditions are met: a 1u oe R> t� AS 1f 1,3 of PtS? ExISitNG RT \N c.l_ 3E @_ 71.4 O O JE12TCvau)PRR'S atC gnamre of Utility Company Representative es? t€S1Q‘J tNGinitati. Title July 2009 Pude 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 10 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Mayaµ 2012 UITLfI'Y COMPANY: C utt.R. lh A.S Campus Crest 704-496-2500 APPLICANT NAME: APPLICANT PHONE: 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� 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") ,,,Portion of street right-of-way located at the corner of National Street and Dunn Avenue. (ATTACH legal descripfon 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: (4.11 (Na 10 Ceckt -.c ditAAA.CCAo_ Signature oinn rty Company Representative -c )tuCI• \Slag52-te— Title July 2009 Page 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: May 5 2012 UTILITY COMPANY: Campus Crest 704-496-2500 APPLICANT NAME: APPLICANT PHONE: 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 CStreet right-of-way I have been notified of the petition to vacate the following (alley, easement described as follows: General location / Address (referring to attached document- must be completed") „Portion of street right-of-way located at the corner of National Street and Dunn Avenue. (ATTACH legal description agraphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: •o 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 Utility Company'Representative 4/Q Title July 2009 Page 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 12 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE; May 2012 lS% UTILITY COMPANY: 3T% OOE MyS�It 7O00I-6P& ( Il�iS;a,c.0 APPLICANT NAME: Campus Crest APPLICANT PHONE: 704-496-2500 REQUES t ED VACATION (applicant must check all that apply): • Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated tight- of- way. • Alley - C Street right-of-wa I have been notified of thopetition to yacate the following (alley, Basemen General location / Address (referring to attached document- must be completed**) a*Portion of street right-of-way located at the corner of National Street and Dunn Avenue. described as follows: (ATTACH legal description and graphic representation of what is being vacatedSURVEY) UTILITY COMPANY COMMENTS 6 No objections to the vacation(s) described above. • No objections to die vacation(s) described above, provided following described easements are retainer_ (State the location, dimensions, and purpose below:) • No objections provided the following conditions are met ompany Representative p6�5 74nr'7QaW5PozrAitOft) ,/MIA Title July 2009 Pages Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 13 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: May //p, 2012 UTILITY COMPANY: (,/V pt f 41)ey%z' % /..2,74-4 ,,Jet APPLICANT NAME: Campus rest / 66 APPLICANT PHONE: 704-496-2500 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 t Street right-of-way,) I have been notified of the petition to vacate the following (alley, easementr'i 7it-of wa ), described as follows: General location / Address (referring to attached document- must be completed**) **Portion of street right-of-way located at the corner of National Street and Dunn Avenue. (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. 0 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 /o/f UtilittyyCon le�ntiy Representative Uf 14t77el Title July 2009 Page 5 Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 14 of 16 VAC12-4147 Close Up View THE GROVE !Le PUBLIC 987 R -A GOVERNMENT AVE SUBJECT PROPERTY NATIONAL ST RMF -24 erisi :4 m Ir U PUBLIC 603 0- a 'Lie% Legend Multi -Use Trail (Existing) ••••••••• Future Trails County Parcels Fayetteville City Limits =VAC 12-4147 Footprints 2010 Hillside -Hilltop Overlay District _! Design Overlay District Design Overlay District CS 2 2 0 37.5 75 Planning Area 150 225 300 F t Planning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 15 of 16 VAC 12-4147 THE GROVE One Mile View HALSELL RD'Y CPZU CPZU N SIF r ON ST 11110L MSC MSi. M ;MSC SC MSC MSC MSC' MSC> 1 MSC SPRING ST SW,_WR iMMSSUr RSF-4 RSF-4 RSF-4 RSF-4 ISM. O 1`EETr ST a____ --T z Ms RSCU RPM RSF-0 MSC J MSL SUTTON ST RSF MSC M6LQ MSCMi'` SC MSC MSCI RSF-0 RSF-4 RSF-4 DIC Q At "RMF24R $ a RMF -24 RIAF-2 RSF-4 TTIEEHIP sr RMF -24 RMF -24 _ RQ NER S' F 4 RMF -24 `C RMF -24 ;RMF-24RM RMF ROY POND DR UBLIC 545 SUBJECT PROPERTY RMF2! R"R110 98 0 kn r es RMF -24 I -111T 1THST >.RMF -24 I9MF24 Q W 'q a w RMF-24� •.fxMF-4RIfF-'24M RMF -24 pq RMF -24 RMF/24 RSF-4 ":F-24: RSF-4 SLID�rwc RSF4.' Q- 9MF-2F-24W S CSCE CS CS CS RMF -24 e Trail (Existi • ft 2103 '-Use`Trail(Exist re Trails Overview 1—fl Legend Subject Property VAC12-4147 Boundary 0.25 0.5 LJ VAC12-4147 E _! Design Overlay District * - - - Plan ling Area Fayetteville 1 IVI i lesianning Commission July 9, 2012 Agenda Item 2 VAC12-4147 Page 16 of 16 .�eville Y ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: July 2, 2012 PC Meeting of July 9, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 12-4168: Administrative Item (3825 N. SHILOH DR./BUCK NEKKID, 174): Submitted by DEVELOPMENT SERVICES STAFF for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.62 acres. The request is to revoke the approval of CUP 12-4084 due to violations of the conditions of approval. Planner: Quin Thompson Property: The subject property is located at 3825 N Shiloh Drive, is zoned C-2, Thoroughfare Commercial, and contains approximately 2.62 acres. The property is currently utilized for the Buck Nekkid BBQ. Surrounding Land Use: Direction from Site Land Use Zoning North Commercial (restaurants) C-2 South Undeveloped (Mud Creek) R -O East Hwy 71 N N/A West The Home Depot C-2 Background: On April 23, 2012 the Planning Commission approved CUP 12-4084 to allow Buck Nekkid BBQ to have outdoor music on a small existing patio on the east side of the restaurant (see attached). As part of the conditions of approval, several existing violations on the property were required to be resolved. These violations involve building permits to the restaurant that have not been finalized. The patio on the east side of the building and the covered cooking area on the west side of the building have never received final occupancy approval from the City, however the restaurant has been using these facilities for many months. Within a few weeks of CUP 12-4084 being approved, the Planning Division became aware that a new large stage area was installed not only without a building permit, but in a building setback, and not in the area of the site that was approved for outdoor music by the Planning Commission. City Planning and Building Safety staff contacted the owner/developer via phone several times, had at least two in-person meetings, and issued two violation letters within the past few weeks. In the most recent violation letter City Planning staff gave the applicant a deadline to resolve the most recent violation with the newly constructed stage. The applicant has not responded to the violations as G:IETCIDevelopment Services Review120121Development Review112-4168 ADM 3825 N. Shiloh Ds. (Brick Nekkid BBQ)103 Planning Conunission106-25- 20/21Camnents and Redlines Planning Commission July 9, 2012 Agenda Item 3 ADM12-0168 Page 1 of 24 requested and staff is bringing the conditional use permit back to the Planning Commission for their consideration. City Planning staff has also issued the owner/developer a final violation notice letting them know of this meeting. The violation letters are attached to this report along with photos of the newly constructed stage. Recommendation: Staff recommends that the Planning Commission revoke CUP 12-4084, finding that the applicant has constructed a stage for outdoor music in a location that was not approved by the Planning Commission. The applicant is in violation of their conditional use permit. Additionally the new stage is located within a building setback in violation of City zoning code. The stage was installed without a building permit and is also in violation of building code with a large metal light support frame that is not anchored down, and currently poses a public safety hazard. PLANNING COMMISSION ACTION: yes Required Revoke Modify Table Motion: Second: Vote: Date: July 9, 2012 G:IETCIDevelopment Services Review110121Development Review112-4168 ADD-/ 3825 N Shiloh Dr. (Buck Nekkid BBQP03 Planning Conunission106-25- 20121Connnents and Redlines Planning Commission July 9, 2012 Agenda Item 3 ADM12-0168 Page 2 of 24 G: IETC1Development Services Review120121Developnient Review112-4168 ADM 3825 N. Shiloh Dr. (Buck Nekkid B8Q)103 Planning Caumission106-25- 20121Connnents and Redlines Planning Commission July 9, 2012 Agenda Item 3 ADM12-0168 Page 3 of 24 July 3, 2012 Joe Brooks Buck Nekkid BBQ 3825 N. Shiloh Drive Fayetteville, AR 72703 le THE CITY OF FAYETTEVILLE, ARKANSAS CITY PLANNING DIVISION 125 West Mountain fayettevllle, AR 72701 Phone 0791444-3443 Violation Notice Notice of Public Hearing Re: Building Violation and Conditional Use Permit Hearing Dear Mr. Brooks, VIA CERTIFIED MAIL Please be advised that in the next Planning Commission meeting (July 9, 2012 at 5:30pm in City Hall room 219) due to non-compliance with City of Fayetteville Unified Development Code, planning staff will recommend to the Planning Commission that CUP 12-4084 (approved on April 23, 2012) be revoked. It is recommended that a representative for Buck Nekkid BBQ be present for this meeting. Our previous correspondence outlined steps to avoid this action, and we discussed these with both you and your representative, Mr. Will Houston, on separate occasions in meetings at Development Services. Planning staff is recommending revocation of CUP 12-4084 because it has come to the attention of the city that a stage, apparently for live outdoor music, has been constructed outside the area approved by the Planning Commission. Furthermore this stage has been built in violation of required building setbacks for a C-2 zone and without a building permit. In our correspondence with you, staff indicated that in order to avoid a revocation hearing before the Planning Commission on July 9, 2012, Buck Nekkid BBQ must submit information requesting a change to the Conditional Use Permit or remove the non-compliant structure, and also apply for a building permit with site plan clearly showing a proposed location for the stage that meets all City requirements. Additionally, I would like to remind you that Condition of Approval #1 contained in CUP 12-4084, before out door music would be allowed, all outstanding development issues must be resolved, including: -AP#47957 Building permit issued November 22, 2011for outdoor deck/patio seating: all final inspections are outstanding. -AP#47958 Building permit issued November 22, 2011 for the cooking shed: footings have not been inspected, and it appears that the building does not meet code. Planning Commission Telecorncatlons Device forthe Deaf TDD (479} 521-1316 Julul 9, 2012 313 WestA W 91ertareviile, AR 72701 ADM12-0168 Page 4 of 24 THE CITY OF FAYETTEVILLE, ARKANSAS -AP#50489 Electrical permit issued May 16, 2012 for the cooking shed: electrical rough -in and final inspections are outstanding. To my knowledge, there has been no attempt on the part of Buck Nekkid BBQ to take steps to rectify the outstanding issues. The Planning Department is available to answer any questions and to offer potential solutions to the above mentioned violations. If the CUP is revoked by the Planning Commission, then staff will request that the City Council authorize the City Attorney or City Prosecutor to file an injunction or other legal action against the business for violation of city ordinances. Please do not hesitate to contact me at (479) 575-8327 with your questions. Regards, Quin Thompson Associate Planner City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Ph: 479-575-8327 Planning Commission Telecommunications Device for the Deef TOU 14 /9) 521-'131- 113 uliost Rbl�ii9 017 rtevi!le, AR 727 Agenda Ilem �3e ADM12-0168 Page 5 of 24 ¶tev!lle June 19, 2012 Mr. Joe Brooks, Owner Buck Nekkid BBQ 2835 N Shiloh Dr Fayetteville, AR 72703 Re: Violations at 2835 NShiloh Drive Dear Mr. Brooks: THE CITY OF FAYETTEVILLE, ARKANSAS VIA CERTIFIED MAIL To follow up on our meeting at the Planning Office last week, you are in violation of the conditional use permit the planning commission issued Buck Nekkid BBQ for outdoor music on April 23, 2012 (CUP 12-4084) because you have installed a stage in a location that was not approved. In addition, your business has been in operation for quite some time without a legal occupancy permit. The following items need to be addressed by the dates noted below: 1. The stage that was recently installed without a permit in the southeast corner of the site needs to be removed from the property. This stage is not only located within a required building setback but is not in the location that you proposed and was permitted for outdoor music. If you wish to relocate this stage to a different area of the site you will need to submit a request in writing to the Planning Commission to modify your conditional use permit. If the Planning Commission were to approve the modified outdoor music location, a building permit application would be required to be submitted for review. By the end of the day July 2, 2012 either the stage needs to be completely removed from the property or a letter request and associated site plan to relocate the stage to another area on the property (that is not in a building setback or over an easement) should be proposed for the Planning Commission to consider. 2. CUP 12-4084 included condition of approval No. 1 that all outstanding permits need to be finalized and final inspection approval granted prior to commencement of outdoor music. Your business has been in operation without a legal occupancy permit for a number of months and this must be resolved as soon as possible. All work must be completed and final inspections for these permits need to be requested by the end of the day July 6 2012. The permits containing unresolved items are as follows: - AP# 47957 Building Permit for deck/patio, contact Dave Molaschi, Plans Examiner @ 575-8229. - AP# 47958 Building Permit for the cooking shed, contact Dave Molaschi, Plans Examiner @ 575-8229. - AP# 50489 Electrical Permit for the cooking shed, contact Dave Molaschi, Plans Examiner @ 575-8229 A public hearing to discuss the revocation of your CUP approval is scheduled for Planning Commission July 9, 2012. This should give you ample time to address the above mentioned violations. In our meeting last week it appeared that you will resolve these issues in the near future. However, if the violations have still not been resolved by July 9, 2012, Planning staff will recommend that the CUP approval be revoked and will unfortunately start the process of turning this case over to the City Prosecutor for failing to make process on the outstanding permits. Please contact Inc at (479) 575-8237 if you have any questions. Sincerely, Quin Thompson Current Planner Telecommunications Device forthe Deaf TDD 1479)521-1316 113 West Mountain- Fayetteville, AR 72701 Planning Commission July 9, 2012 Agenda Item 3 ADM12-0168 Page 6 of 24