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Home My WebLink About2001-10-08 - Agendas - Final AGENDA FOR A REGULAR MEETING OF THE PLANNING COMMISSION A meeting of the Fayetteville Planning Commission will be held Monday, October 8,2001 at 5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219, Fayetteville,Arkansas. The following items will be considered: Approval of minutes from the September 24,2001 meeting. New Business: 1. ADM 01-41.00: Administrative Item(City of Fayetteville-Section 171.12)was submitted by Kit Williams,City Attorney on behalf of the City of Fayetteville. The request is to amend Section 171.12 of the Unified Development Ordinance (sidewalks). 2. RZN 01-20.00: Rezoning(Pancake,pp 522)was submitted by Colleen M. Pancake for property located at 302 S. Gregg Street. The property is zoned I-1,Heavy Commercial/Light Industrial and contains approximately 0.16 acres. The request is to rezone to R-S, Residential Small Lot. 3. RZN 01-21.00:Rezoning(Sager/Guisinger,pp 325)was submitted by Chris Brackett of Jorgensen&Associates on behalf of Louise Sager and Paul Guisinger for property located west of Shiloh Drive,east of Deane Soloman Road and north of Porter Road. The property is zoned A-1,Agricultural and contains approximately 1.02 acres. The request is to rezone to C-1, Neighborhood Commercial. 4. ANX 01-3.00: Annexation(Hendricks/Harper,pp 321)was submitted by Andy Feinstein on behalf of Don Hendricks and Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. 5. CUP 01-26.00: Conditional Use(Crandall,pp 484)was submitted by Marc Crandall for property located at 110 N. School. The property is zoned R-O,Residential Office and contains approximately 0.28 acres. The request is for a multifamily dwelling(use unit 9)containing four two bedroom units in an R-O zone. 6. ADM 01-39.00: Administrative Item (City of Fayetteville—Section 168 (I)(5)(i) & 168 (II) (5)0))was submitted by the Planning Division on behalf of the City of Fayetteville. The request is to revise the Flood Damage Prevention Code by addingirevising the setback from a stream bank in certain flood zones. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the Office of City Planning (575-8264), City Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required. For further information or to request an interpreter,please call Don Bunn at 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item - Chairman B. Presentation of request -Applicant C. Public Comment D. Response by Applicant/Questions &Answer with Commission E. Action of Planning Commission(Discussion and vote) NOTE TO-MEMBERS OF THE AUDIENCE - If you wish to address the Planning Commission on an agenda item,raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member or others for response. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy,refrain from applauding or booing any speakers or actions of the Planning Commission. 2001 Planning Commissioners: Bob Estes Chairman Lorel Hoffman-Vice Chairman Lee Ward - Secretary Nancy Allen Don Bunch Sharon Hoover Don Marr Loren Shackelford Alice Bishop FAYETTE"LLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Planning Commission FROM: Kit Williams, City Attorney 9L Sy -- DATE: October 4, 2001 RE: Sidewalk Ordinance Although the City improved its Sidewalk Ordinance in the Spring by allowing a developer to pay money in lieu of building an unfeasible or impracticable sidewalk, I believe we need to review our requirements to ensure they meet the constitutional dictates of the Fifth Amendment to the United States Constitution. According to the controlling Supreme Court decisions, the City can only require an owner to dedicate land or pay money in "rough proportionality" to the impact that construction of his project causes the City. Dolan v. City of Tigard, 512 U.S. 374, 114 S. Ct. 2309, 2320 (1994). The City can certainly require sidewalks (as well as streets, utility easements, etc.) for new subdivisions because before a subdivision is built there would be no need for sidewalks. It is only because of the new houses and new neighborhood that sidewalks are necessary. Also the sidewalks in the subdivision will be primarily used by the Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.1 homeowners who ultimately pay for them. Therefore, in new subdivisions there is certainly a "rough proportionality" of the impact on pedestrian traffic of the new development and the cost of constructing sidewalks therein. Those developmental requirements have been found constitutional by the Supreme Court. Pennell v. City of SanTose, 485 U.S. 1 (1988). With the construction of a single family home or duplex on a lot that was platted before the City required subdivisions to build sidewalks (or do almost any infrastructure improvements), the "rough proportionality" of the pedestrian traffic impact of a single home or duplex is probably not great enough to justify what could be three or four thousand dollars to build a sidewalk or pay money in lieu thereof. It is these "infill' lots that would usually fail the rough proportionality test. Lot splits also would have insufficient impact to justify requiring an owner to build or pay for a sidewalk. Planning staff and my office are working on a modification of the sidewalk ordinance to ensure we remain within constitutional boundaries in our desire to build more sidewalks in Fayetteville. We shall present this ordinance to you at your next meeting. As you know, Fayetteville is currently contracting to build almost a million dollars of multi-use trails. We all like sidewalks which certainly serve a public benefit, but we should remember why the Fifth Amendment to the United States Constitution was adopted. "In addition to the requisite nexus, the (Supreme) Court went on to require that the city demonstrate that the degree of the extractions demanded in the condition bears "rough proportionality" to the projected Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.2 impact of the applicant's request. This requirement ensures that the conditioning of a discretionary benefit does not force "some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole" in violation of the Just Compensation Clause." Pennell v. City of San Tose, 485 U.S. 1, 9 (1998) (citations omitted); Goss v. City of Little Rock, 90 F.3rd 306, 309 (8IhCir. 1996). Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.3 Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.4 ORDINANCE NO. AN ORDINANCE REPEALING SECTION 171.12 PROPERTY OWNER TO CONSTRUCT SIDEWALK UPON RECEIPT OF NOTICE, AND ADOPTING A REPLACEMENT SECTION 171.12 WHEREAS, the current sidewalk ordinance occasionally required a single family home builder or other builder of a small structure to dedicate more than a rough proportionality of the impact of his or her new construction upon the need for new sidewalks and trails. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That §171.12 Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk of the Code of Fayetteville shall be deleted and the following inserted in its stead: §171.12 Property Owner to Construct Sidewalk or Contribute Cost of Sidewalk A. The owner of any property abutting a public street or highway for which a sidewalk is required by City's Master Street Plan shall construct a sidewalk along said street or highway upon receipt of notice issued at the time a building or parking lot permit is issued. 1. The property owner shall construct the sidewalk in accordance with§171.13 Sidewalk and Driveway Specifications. 2. If the City's Sidewalk Administrator determines that construction of the sidewalk would be unfeasible, impracticable, or otherwise unsuitable at the property's location, then the owner has the option to construct the sidewalk anyway or contribute money in lieu of construction as set forth below: A. A cash contribution in lieu of construction shall be at the rate of Three Dollars ($3.00) per square foot of the sidewalk that normally would have been required. Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.5 B. Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, filing of a lot split, or issuance of a Certificate of Occupancy. C. Contributions must be expended within three (3) years within the quadrant of the City in which the unbuilt sidewalks are located. D. Contributions shall be used to construct sidewalk projects selected by the Sidewalk Administrator. B. APPLICATION OF PROVISIONS The provisions of this section shall only apply to the following property: 1. Previous Approved Development. Any building in a previously approved large scale development or subdivision in which sidewalks are required 2. Multi-Unit Apartment. Construction of Multi-Unit Apartment of at least three (3) unites and additions of at least 2,500 square feet or larger to multi-unit apartment buildings. 3. Commercial Building. Construction of Commercial Buildings and alterations or additions of at least 2,500 square feet to commercial buildings. 4. Institutional Buildings. Construction of Institutional Buildings and alterations or additions of at least 2,500 square feet to institutional buildings. 5. Parking Lot/Garage. Parking lots or parking garages, having a minimum capacity of ten automobiles. 6. Conditional Use. Construction of sidewalks may be required as a condition for approval of a conditional use. Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.6 C. SINGLE FAMILY HOMES AND DUPLEXES. An owner or builder constructing a single duplex or a single family home in an infill lot or a subdivision that had not required sidewalks when approved, shall construct the potential sidewalk through the driveway. PASSED and APPROVED this day of 2001. APPROVED: By: DAN GOODY, Mayor ATTEST: By: Heather Woodruff, City Clerk Planning Commission October 8, 2001 ADM01-41 City of Fayetteville Page 1.7 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS - 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(501)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin,A.I.C.P., City Planner DATE: October 8, 2001 RZN 01-20.00: Rezoning (Pancake, pp 522) was submitted by Colleen M. Pancake for property located at 302 S. Gregg Street. The property is zoned I-1, Heavy Commercial/Light Industrial and contains approximately 0.16 acres. The request is to rezone to R-S, Residential Small Lot. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PI INNING GOM11II56ZON ACTIOIs' Resluied O xlpproveil b"ate . October 8,2U01 ` " CI��'COl1N�C�T� AC'1'7ON Required YES O A rover) O Iien>ed PP ate. NoYembe G40, .(1$`r'eadjn ) Comments: H.WSERSICOMMOMDA WNnPEPORTSWCV 0-8-071PANCAKE.DOC Planning Commission October 8, 2001 RZN01-20 Pancake Page 2.1 BACKGROUND: This application is being processed by the City of Fayetteville on behalf of Ms. Pancake,the property owner. The subject property is developed with one single family home and is currently zoned I-1, Heavy Commercial/Light Industrial. The zoning of the property causes the use to be nonconforming even though the site has existed with a residential for many years and surrounding properties are in the same condition. Most of the properties in this area contain small single family residences. The owner has worked with the City's Community Development Division to obtain CDBG (Community Development Block Grant) money in order to perform needed repairs which will bring the structure into compliance with building code regulations. A City Inspector has looked at the structure and has stated that it is basically sound. As long as zoning is made compliant, a permit could be issued for the needed improvements/repairs. If City Council approves this zoning request,the Board of Adjustment will still need to hear a variance request for the front and north sides of the building (the structure does not comply with setback requirements for a residential property). SURROUNDING LAND USE AND ZONING North: Residential, I-1 South: Residential, I-1 East: Residential, I-1 West: Residential, I-1 INFRASTRUCTURE: This property is located on South Gregg Ave. between Center St. and University Ave. Gregg Ave. in this location is fairly narrow with no sidewalks. The street serves the adjacent residential areas,-however, it would be absolutely inadequate to serve industrial development in this area. Railroad tracks are located immediately behind the subject property and also to the west between Gregg Ave. and University Ave. Water and sewer are both available and currently serve this site. LAND USE PLAN: General Plan 2020 designates this site Mixed Use. Rezoning this property to RS, Residential Small Lot is consistent with the land use plan and compatible with surrounding land uses in the area. H..-I USERSI COMMOMDA WNnREPORTSI PCI10-8-011 PANCAKE.DOC Planning Commission October 8, 2001 RZNOI-20 Pancake Page 2.2 FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: RS zoning is consistent with the Future Land Use Plan and reflects the current use of the site. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in that it brings the property into compliance with the City's adopted General Plan. This zoning is compatible with adjacent uses. A rezoning in this location is necessary for substantial repairs and improvements to be made to the existing nonconforming structure. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will not create or appreciable increase traffic danger and congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will not alter population density. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1)through(4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A H:I USERSICOMMOMDA WNYIREPORTSIPCI10-8-01IPANCAKE.DOC Planning Commission October 8, 2001 RZN01-20 Pancake Page 2.3 §161.11 DISTRICT RS RESIDENTIAL By Right Conditional SMALL LOT. Use A. Purpose. The Residential Small and/or 15%of the Lot District is designed to permit and Townhouse Lots, encourage the development of detached Maximum dwellings in suitable environments. D. Bulk and Area Regulations. B. Uses. Single- Duplex Town- 1. Permitted Uses. Family house/ no more Unit 1 City-Wide Uses by Right than 2 units Unit 26 Single-Family Dwellings attached 2. Uses Permissible on Lot Width 60 ft. 60 ft. 30 ft. Appeal to the Planning Commission. Minimum Unit 2 City-Wide Uses by Lot Area 6,000 6,000 3,000 Conditional Use Permit Minimum sq. ft. sq. ft. sq. ft. Unit 3 Public Protection and Utility Facilities Land Area 6,000 3,000 3,000 Per sq. ft. sq. ft. sq. ft. Unit 4 Cultural and Recreational Dwelling Facilities Unit Unit 8 Single-Family, Two- Family, and Townhouse E. Yard Requirements (feet). Dwellings FRONT SIDE REAR YARD YARD YARD C. Density. 25 08 20 By Right Conditional Cross Reference: Variance, Chapter 156. Use F. Building Area. The area occupied Single- 7 or Less 8.5 by all buildings shall not exceed 50% of the Family total lot area. Dwelling Units Per G. Height Regulations. Acre Building Height 30 ft. Duplex Option: Maximum H I USERSI COMMONI DAWW REPORTSWO 10-8-01 WANCAKE.DOC Planning Commission October 8, 2001 RZN01-20 Pancake Page 2.4 (Code 1991, §160.046; Ord.No. 3792. §4, 5- 17-94) F£I USERSICOMMONIDA WNTIREPORTSIPC170-8-OIIPANCAKE.DOC Planning Commission October 8, 2001 RZNOI-20 Pancake Page 2.5 RZH01-20.00 PANCAKE Future Landuse „ . -Mixed Use . , '' . . .. . . . . . . . . - .. « . . . . . . . . . . . . " . . .. . . - . « . Mixed Use. . . . . . . . .. . . .. . m « . „ . . . . . . . . . . .. .. . «Mixed Use- > . . . . . . . . . _ . . . . . . . ., . . . . . » _ 5el.rH:ST Subject Property . ... _ .: « . . . » . . .' « . . » « - . . - - . , . » . - . . . - . and _ » ® � Future use Parks . . . . n " . . . . . . e . . . . .. . . m a - . , . . .. . . . Private Open Space » . . . m , . m . . m w . . . . . . » . .. . . . .. . . . » . _ :j Residential « . . . . . . , e . e . . . .. . . . . . . . . . . . a ED Mixed Use - Mixed Use : . : arRtE s PRAii,Es PanrRte 5r ResideaPai p_ 0 office ' ...� istoric Commercial Community Commercial - » , » 'x4 I Neighborhood Commercial . . _ Regional Commercial - . c « « r . . . . . . . . . . . '., Industrial " Mixed Use' « Mixed .. X « . _ . - . . . . . . . .. . . . .. . .. « . . . » . » ., University Overview r Legend Subject Property Streets Boundary RZN01-20.00 Existing r^«+Planning Area ' r v, oacoo 0 Planned 000000.Overlay District -i L__I City Limits i v 0 75 150 300 450 600 Planning Commission Feet October 8, 2001 RZN01-20 Pancake RZN 01-20.00 PANCAKE Close Up View PUTMAN ST PL'TMAr.Sr - p � ROCK ST f3 7200 a c, STONE ST Subject Property soUresr SOUTH ST, UN;VERSitt AVF; ❑ 1-3 o [ ❑ \ � i FRAIRrE ST PRAIRIE Sr c-x 0 Overview Legend Subject Property Boundary Master Street Plan RZN 01-20.00 r"e,.r Planning Area Freeway/Expressway 8ccoo ^%^ Principal Arterial Overlay District `�+'.ar's. P Streets ��_�� h ° 1� ExistinI Ci Limits "? 's�b Minor Arterial T.'.�,~�,_ g L—— 0%�Collector Outside Ci -- ij�Planned City • •.. Historic Collector planning Commission 0 80 160 320 480 640 October 8, 2001 Feet RZN01-20Pancake age 2. 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Mountain St. Fayetteville,AR 72701 Telephone:(501)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.LC.P., City Planner DATE: October 8, 2001 RZN O1-21.00: Rezoning (Sager/Guisinger,pp 325)was submitted by Chris Brackett of Jorgensen&Associates on behalf of Louise Sager and Paul Guisinger for property located west of Shiloh Drive, east of Deane Soloman Road and north of Porter Road. The property is zoned A-1, Agricultural and contains approximately 1.02 acres. The request is to rezone to C-1, Neighborhood Commercial. RECOMMENDATION: Staff recommends approval of the requested rezoning based on the findings included as part of this report. PLANNING COMMISSION ACTIO ? Required YES O Ilgpt'oxed O Denied . Date Octobelr�;`�991 u'.- CITY COi�CIL ACTION i Required "YES . -` O Appro�eii O,Aenre� .: Dade Nnvemlre��2O01 .(lsc readmit)-: - s -: Comments: H..,IUSERSICOMMONWA WN7IREPOR7SIPC10-8-011Fi1RM CREDITDOC Planning Commission October 8, 2001 RZNOI-21 Sager/Guisinger Page 3.1 BACKGROUND: The subject property is located near the northwest corner of I-540 and Mt. Comfort Road. This is at the turn in Mt. Comfort where it becomes Porter Road to the south. The property between this tract and Mt. Comfort Rd. is a part of the University of Arkansas Experimental Farm and is outside the City Limits. The applicant wishes to change the zoning designation of this 1.02 acre tract from A-1, Agricultural to C-1,Neighborhood Commercial. The property is expected to be developed as an office building for Farm Credit Services if the rezoning and an pending large scale development are approved. This property is currently vacant and is located within the Design Overlay District. The Future Land Use Plan identifies this area as Regional Commercial. SURROUNDING LAND USE AND ZONING North: Residential/Vacant, A-1 South: University (outside City Limits) East: I-540 West: Residential/Vacant, A-1 INFRASTRUCTURE: Access to this property is from Shiloh Drive. Shiloh Drive is designated a collector on the Master Street Plan which is designed to carry 4,000 to 6,000 vehicles per day when constructed to that standard. Shiloh in this location is a two way access road adjacent to I-540. There is an existing 8" water line along Shiloh Dr. Sewer will have to be extended by the developer to serve this site. LAND USE PLAN: General Plan 2020 designates this site Regional Commercial. Rezoning this property to C-1,Neighborhood Commercial is consistent with the land use plan and compatible with surrounding land uses in the area. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives,principles, and policies and with land use and zoning plans. H.-I USERSICOMMOMDA WNPREPORTSIPCII0-8-OIIFARM CREDIT DOC Planning Commission October 8, 2001 RZN01-21 Sager/Guisinger Page 3.2 Finding: This area is designated to serve as a linear commercial district along I-540. The General Plan calls this site out to be Regional Commercial. The requested zoning of C-1,Neighborhood Commercial meets the intent of this policy document. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed zoning is justified in that it is consistent with the City's adopted land use policy. It is needed in order to develop any commercial uses in this general area which is largely undeveloped or residential and currently zoned A-1. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning will increase traffic in this area. Shiloh Drive is designated a collector on the Master Street Plan which is designed to carry 4,000 to 6,000 vehicles per day when constructed to that standard. Shiloh in this location is a two way access road adjacent to I-540. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: The proposed zoning will not alter population density. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1)through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1)through(4) above why the proposed zoning is not desirable. Finding: N/A H.IUSERSICOMMOMDAW]VnREPORTSWCI10-8-OIIFARM CREDIT.DOC Planning Commission October 8, 2001 RZNOI-21 Sager/Guisinger Page 3.3 §161.13 DISTRICT C-1 NEIGHBOR- C. Bulk and Area HOOD COMMERCIAL. Regulations/Setbacks. Setback lines shall meet the following minimum requirements: A. Purpose. The Neighborhood From Street ROW 50$. Commercial District is designed primarily to provide convenience goods and personal From Side Property Line None services for persons living in the surrounding residential areas. From Side Property Line 10 ft. When Contiguous to a B. Uses. Residential District 1. Permitted Uses. From Back Property Line 20 ft. Unit 1 City-Wide Uses by Right Unit 12 Offices, Studios and Related D. Building Area. On any lot the Services area occupied by all buildings shall not exceed 40% of the total area of such lot. Unit 13 Eating Places E. Height Regulations. There shall Unit 15 Neighborhood Shopping be no maximum height limits in C-1 Unit 18 Gasoline Service Stations and District,provided,however,that any Drive-In Restaurants building which exceeds the height of ten feet shall be set back from any boundary line of Unit 25 Professional Offices any residential district a distance of one foot for each foot of height in excess of ten feet. 2. Uses Permissible on Appeal to the Planning Commission. (Code 1991, §160.035; Code 1965,App. A, Art. 5(V); Ord.No. 1747, 6-29-89; Ord.No. Unit 2 City-Wide Uses by 2603, 2-19-80) Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities K9 USERSICOMMONIDA WNTIREPORTSIP010-8-011FARM CREDITDOC Planning Commission October 8, 2001 RZNOI-21 Sager/Guisinger Page 3.4 JORGENSEN ASSOC 501 442 9127 P. 01 JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIOGF, SUITE 5 • FAYETTEVILLE, ARKANSAS 77703 (501)-442.9127 -PAX (501) 562-4R07 DAVID L.JORGENSEN. P.E.,P.L.S. THOMAS KENNELLY.P.E. City of Fayetteville 10-3-01 113 W. Mountain Fayetteville,AR 72701 Atl: Planning Dept. Re : Rezoning of Guisinger Property Attached herewith please find the legal description of the Guisinger Property to be rezoned. The request is to rezone from A-1 to C-1. The property is just west of Shiloh Drive and 1-540. This property is a portion of the Guisinger property, which is to the north and west. Property to the south is a vacant lot at the corner of Porter Rod and Shiloh Dr. We feel that this request to rezone to C-1 will fit in with the surrounding area. There is an existing 8" waterline along Shiloh Drive. Sewer will be extended to this property. Farm Credit Services will be submitting a Large Scale Development following approval of this rezoning. Please review and call concerning any questions you may have. Thank you. Sincerely; y avid L, Jor nsen, P.E. • STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • PlanniRn�QyC1OntmiSSiOn lANO S11V�c•Etober 8, 2001 PZN01-21 Sager/Guisinger Page 3.5 aJORGENSEN ASSOC 501 442 9127 P. 02 11� Z Yt z vQ uu.5� �5 2 O Q r IL w fV Ul } ti o � a )¢ � = N tn0z), U1 Wi n--{{ O w � O V m3 yy 4� u pUn U) �f1 o cyoZ N Q w to O z ~0 Q vo ry � 0 w O Z:) pp � > Af W y O �y3 O W Zp ~�. 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E V Z O (11 N h- N U1 F- F- Z - 1 / \ 43� \4 � a. \ x F- 4l Planning Commission October 8, 2001 _� U 01-21 Sager�irsmger Page 3.6 0 0 RZN01-21.00 SA GER/GUISINGER Future Landuse . . . . . . : : : : : : : : : : : : : : _ _ . _ : : 8a : : : : : : : : : : _ •Mixed Use . _ _ . _ _ . , ,sy . • Mixed Use : A: : : : • • - _ - - - - - - _ Regional Commercial "o�::: - b:. • T e • .� - - Mixed Use : - _ h. ... ..:::. _ • ) .� '. _ _ • _ �s... ,wd. ffi ai arc''., i i _tG '!v#� n�. �.,- . _ . _ . . _ • an use Future L ani Mixed Use : : ::: i:::::: Parks ::i{::::;::::::ii :::::::::'.::: ." :::�E :i:�:iii:::.::: Private Open space . . . _ • . . _ 'Residential ,; Residenfial ... :: ::: ._..._............i ........_.. . . . _ ... . . . . . . . . .. ... .......... ............. .. ed Use ................... . ...:... �Once . . �I ::iii:i:::::':.:::i i:i:i •.i::: ..... Historic Commercial ............... ..... .....::::; e4. :: Community Commercial . . . . . .::5............... .... :: Neighborhood.:::: :::::::.. ...... Commercial Regional Commercial Industrial .. ......... iii:i:::::: ::':::: $.' . _ _ . ...._...: ... .. ......... gi ii ii iiss: . : University R .. ... ii.1. :: . . . .University:.:::. Overview Legend Subject Property Streets Boundary t-s' I2 RZN01-21.00 Existing ,-� Planning Area 0 Planned o o�o Oveday District 4,r 32ti L__I City Limits Planning Commission ,...._-: October 8, 2001 J 0 50 100 200 300 400 RZ 01-21 Sager/Guisinger Feet Page 3.7 RZN01-21.00 SAGER/GUISINGER Close Up View j ! o°° 1 A.? A-1 ° $ °°o°°oof 1 off' o° 1 ♦ Sill o °° ¢t r rr °0 aF - RD /�, 1 ; )0111 , r WORT RDof •'" lu � t I ;r ., t i f r' Overview Legend _ f Subject Property Boundary Master Street Plan RZN01-21.00 "N.� Planning Area Freeway/Expressway lit`J j� - o°Ooa Overlay District Principal Arterial Streets 1-2.02.° r S. t City Limits Minor Arterial Existing L - v� 71J� ''� "SJi Planned Outside City Collector planning Commission ..,-. �j. ',1 • ••• Historic Collector i y October 8, 2001 .`' o 50 100 200 dao 400 RZ O]-21 Sager/Guisinger Feet Pae 3.8 0 • RIN01-21.00 SAGER/GU/SINGER One Mile View ezIi 4'ri3 t, toss., t- �� _. � �I i � ° t ✓,F, .SRU K- 5: n I �4) fr iilF iir51 F( .y....... . ,._..... c s:( 0° .. , R P o o j / �t � 41 Jo Igo . -. ,RNA[ A— 1 r `I R2~ y- c2 o tf ti x 3i iAt R.y -:` Subject Property ,�y` '�I o2 xr- na`vo`a �� 7j'MAabPR ' . A-? �._. ° ... I � R? R � � fAQ' �� ai .. >f• pQ �Ra kyz .A ✓ V / R r <h o� R2 A N A k {g t k R!� r !I{ fHhtfllB R2 z rt I t Rig a s R.a At 1R-2ILA A f s s'' •[ .: r-,1 .�o apo _� i .. z -= \ R t 'HOLLY 5f C ,�.I L4k507� W 10 -0 aD� yAu,r;Y OR. P:9 V '4^- RS JAMES '.3R3 - 1 v� 1� ° R2 e'2 ° ` t `R C-2 A Y h^-0,.:-1> lg2 I' ^�./ yRR • r . .� G2 1 R Y I` ] ;.,..i 1 R t.l-t r✓,�ye �R Y - ° -� o°� i ,s2rM-1-01:11-PRIjAAon ;. T-'IiC�S ; !l aR•' Overview 1 ...... Legend Subject Property Boundary Master Street Plan NG 7 �; RZN01-21.00 ^�^,, Planning Area Freeway/Expressway f'� y Streets oo_o o Overlay District41" Principal Arterial Existing L_ City Limits , Minor Arterial Outside City Collector Planned . ----� 1— • • Historic Collector Planning Commission 0 0.125 0.25 0.5 07.15 1 October 8, 2001 Mil NO1-21 Sager/Guisinger Pae 3.9 Planning Commission October 8, 2001 RZN01-21 Sager/Guisinger Page 3.10 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS 113 W. Mountain St. Fayetteville,AR 72701 Telephone:(501)575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dawn T. Warrick, Senior Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: October 8, 2001 ANX 01-3.00: Annexation (Hendricks/Harper,pp 321) was submitted by Andy Feinstein on behalf of Don Hendricks and.Eric Harper for property located at 4840 Constitution Drive. The request is to annex into the city approximately 8.74 acres currently located in the Planning Area. RECOMMENDATION: Staff recommends approval of the requested annexation based on the findings included as part of this report. ItiANNN `CO�YIIYIa� QICTIOI R�quYredT d s�ppnovedC lien ted Date �ctd, er$, 4 1CIT�t'�O�TN�,Td.AaLT�O� l2+C�ut�re(T ?{� : Date Noueml�elc�i�200��I�rcadmg� Comments: H:I USERSICOMMONIDAWNYIREPORTSIPC110-8-OIIHENDRICKSDOC Planning Commission October 8, 2001 ANX01-3 Hendricks/Harper Page 4.1 BACKGROUND: The subject property adjoins the Bridgeport Subdivision to the south and the Fairfield Subdivision to the west. These recent subdivision developments have surrounded this property. As the Bridgeport subdivision was designed, the developer approached these property owners with a contract to allow for easements to cross the subject property to provide access to utilities and drainage for the proposed subdivision. As a part of that agreement, the developer of Bridgeport promised connections to water and sewer for the subject property. The City was not a party to this contract and only became aware of the conditions of the agreement after it had been put into place and the applicant requested sewer taps. The applicant is not requesting a rezoning with this annexation. The property, if annexed, will maintain an A-1, Agricultural designation. Maximum density on this property if zoned A-1 would be 4 units. SURROUNDING LAND USE AND ZONING North: Residential, Washington County South: Single family dwellings,R-1 (Subdivision under construction) East: Residential, Washington County West: Residential, County/Single family dwellings,R-1 (Subdivision to be constructed) INFRASTRUCTURE: Access to this property is from Sunshine Road, a Washington County road. A new access drive was also created for this property from Constitution Drive within the Bridgeport Subdivision. Water and sewer are available to the site however sewer cannot be connected without annexation or a contract agreement between the City and the property owners.- LAND wners.LAND USE PLAN: General Plan 2020 designates this site Residential. H'I USERSI COMMOMDAWN71 REPORTSI PC II0-8-011 HENDRICKS.DOC Planning Commission October 8, 2001 ANX01-3 Hendricks/Harper Page 4.2 § 161.03 DISTRICT A-1 C. Bulk and Area Regulations. AGRICULTURAL. Lot Width Minimum 200 ft. A. Purposes. The regulations of the Lot Area Minimum: Agricultural District are designed to protect Residential 2 acre agricultural land until an orderly transition Nonresidential 2 acre to urban development has been accomplished; Lot Area Per Dwelling Unit 2 acre prevent wasteful scattering of development in rural areas; obtain economy of public D. Yard Requirements (feet). funds in the providing of public improvements and services of orderly FRONT SIDE REAR growth; conserve the tax base; prevent YARD YARD YARD unsightly development, increase scenic 35 20 35 attractiveness; and conserve open space. B. Uses. E. Height Requirements. There 1. Permitted Uses. shall be no maximum height limits in the A- 1 District,provided, however, that any Unit 1 City-Wide Uses by Right building which exceeds the height of 15 feet shall be setback from any boundary line of Unit 3 Public Protection and Utility any residential district a distance of 1.0 foot Facilities for each foot of height in excess of 15 feet. Unit 6 Agriculture Such setbacks shall be measured from the required yard lines. Unit 7 Animal Husbandry (Code 1991, §160.030; Code 1965, App. A, Unit 8 Single-Family and Two-Family Art. 5(I); Ord. No. 1747, 6-29-89) Dwellings 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 4 Cultural and Recreational Facilities Unit 20 Commercial Recreation; Large Sites H.I USEPSICOMMOMDAWNTIREPORTSIPCI10-8-01IHENDRICKS.DOC Planning Commission October 8, 2001 ANX01-3 Hendricks/Harper Page 4.3