HomeMy WebLinkAbout2016-08-08 - Agendas - Final CITY OF
Fay -y� l'I'l� AGENDA
ARKNSAS
Final Agenda
Planning Commission Meeting
August 8, 2016
5:30 PM
113 W. Mountain, Room 219
Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy
Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan.
City Staff: Andrew Garner, City Planning Director; Jonathan Curth, Senior Planner; Quin
Thompson, Planner; Harry Davis, Planner
Call to Order
Roll Call
Consent
1. Approval of the minutes from the July 25, 2016 meeting.
2. CCP 16-5499: Concurrent Plat (16401 SUMMER RAIN RD./RIVERA, 455): Submitted by
GLENN CARTER for property located at 16401 SUMMER RAIN RD. The property is in the
FAYETTEVILLE PLANNING AREA and contains approximately 3.00 acres. The request is to split
the property into 2 lots containing approximately 2.00 and 1.00 acres each.
Planner: Harry Davis
3. VAC 16-5519: Vacation (INTERSECTION OF MCMILLAN DR. & WEDINGTON
DR./FITNESS ONE GYM, 441): Submitted by MILHOLLAND & ASSOCIATES, INC. for property
located at the INTERSECTION OF MCMILLAN DR. & WEDINGTON DR. The property is zoned
UT-URBAN THOROUGHFARE and contains approximately 4.76 acres. The request is to vacate
a portion of a utility easement Planner: Jonathan Curth
Old Business
4. ADM 16-5539: Administrative Item (MINIMUM STREET STANDARDS CHAPTER 6
AMENDMENT/PAVEMENT STRUCTURE & MATERIALS): Submitted by ALDERMAN
MATTHEW PETTY for an amendment to the Minimum Street Standards Manual. The request is
to modify CHAPTER 6, PAVEMENT STRUCTURE & MATERIALS to allow alleys to be
constructed of gravel in certain circumstances. Alderman: Matthew Petty
THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE AUG. 22
PLANNING COMMISSION MEETING.
New Business
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gav
Fayetteville, AR 72701
5. VAR 16-5542: Variance (830 S. LOCUST ST./PHILLIPS-VONFELDT, 562): Submitted by
PARKCO ARCHITECTS, INC. for property located at 830 S. LOCUST ST. The property is zoned
DG, DOWNTOWN GENERAL and contains approximately 0.22 acres. The request is for a
variance of single family infill design standards. Planner: Quin Thompson
6. RZN 16-5501: Rezone (1030 S. COLLEGE AVE./K. SMITH, 563): Submitted by KEATON
SMITH for property at 1030 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.17 acres. The request is to rezone the property
to NS, NEIGHBORHOOD SERVICES. Planner: Harry Davis
7. RZN 16-5508: Rezone(NORTH OF COLFAX LOOP/THE COVES SD, PH. III, 555): Submitted
by RAUSCH COLEMAN HOMES for property NORTH OF COLFAX LOOP. The property is an
EXPIRED R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately
35.98 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8
UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL. Planner: Jonathan Curth
8. RZN 16-5500: Rezone (335 E. 7T" ST./NIEDERMAN, 563): Submitted by ZARA NIEDERMAN
for property at 335 E. 7T" ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION
and contains approximately 0.23 acres. The request is to rezone the property to DG,
DOWNTOWN GENERAL. Planner: Quin Thompson
Discussion Item
9. ADM 16-5545: Administrative Item (SINGLE FAMILY INFILL STANDARDS/UNIFIED
DEVELOPMENT CODE SECTION 164.23): Submitted by CITY COUNCIL for general discussion
and recommendation on any changes to the Single Family Infill standards.
Planner: Andrew Garner
The following items have been approved administratively by staff:
❑ LSP 16-5503: Lot Split (SE CORNER OF OAKLAND AVE. & EAGLE ST./CAMPBELL,
444): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at SE
CORNER OF OAKLAND AVE. & EAGLE ST. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.17
acres. The request is to split the parcel into 2 lots containing approximately 0.08 and 0.09
acres. Planner: Harry Davis
Announcements
Adjourn
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
2
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.
3
CITY OF
Ta L MINUTES
ARKANSAS
Planning Commission
July 25, 2016
5:30 PM
113 W. Mountain, Room 219
Members: Kyle Cook (Chair), Ron Autry (Vice Chair), Matthew Hoffman (Secretary), Tracy
Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan.
City Staff: Andrew Garner— City Planning Director, Jonathan Curth — Senior Planner, Quin
Thompson — Planner, Harry Davis— Planner, Cory Granderson —Staff Engineer, Blake
Pennington —Asst. City Attorney, and Kit Williams —City Attorney
Call to Order: 5:30 PM, Kyle Cook
In Attendance: Kyle Cook (Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby,
Ryan Noble, and Tom Brown
Absent: Allison Thurmond Quinlan, Ron Autry (Vice Chair), and Leslie Belden.
Staff: Andrew Garner— City Planning Director, Quin Thompson — Planner, Alan Pugh, and Chris
Brown
1. Consent Agenda:
Approval of the minutes from the July 11, 2016 meeting.
Motion:
Commissioner Hoffman made a motion to approve the consent agenda. Selby seconded the
motion. Upon roll call the motion passed with a vote of 6-0-0.
2. Old Business:
None.
3. New Business:
VAR 16-5502: Variance (EAST END OF CEDAR RIDGE RD./STRIEGLER, 205): Submitted by
JOGENSEN & ASSOCIATES, INC. for property located at the EAST END OF CEDAR RIDGE
RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 8.64
acres. The request is for a variance to minimum street frontage requirements in the Fayetteville
Planning Area.
This item was withdrawn prior to the meeting (no discussion).
Mailing Address: Planning Commission
August 01
113 W. Mountain Street www.fayettevillARYite1
Fayetteville, AR 72701 7-25-2016 Minutes
Page 1 of 6
ADM 16-5514: Administrative Item (1503 N. GARLAND AVE./ROTH CUP 14-4722
EXTENSION, 404): Submitted by BAUMANN & CROSNO, INC. for property located at 1503 N.
GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.18 acres. The request is for a second extension for CUP 14-
4722.
Quin Thompson, planner: gave the staff report.
No applicant was present.
Public Comment:
No public comment was presented.
Matthew Hoffman, Commissioner: Asked staff if applicant representation was required.
Andrew Garner, Planning Director: Said that representation was not required, and that the
request could be granted.
Hoffman: Said that he was satisfied that the use is appropriate at this location, and despite
concerns about the elevations, would support the request.
Kyle Cook, Commissioner: Asked staff if it would be reasonable to discuss the submitted
elevations.
Thompson: Said that the elevations have not changed since the original approval.
Garner: Added that it did not seem appropriate to discuss the elevations at this meeting.
Motion:
Commissioner Brown made a motion to approve ADM 16-5514. Commissioner Hoskins
seconded the motion. Upon roll call the motion passed with a vote of 4-2-0. Commissioners
Cook and Selby voted `no'.
ADM 16-5539: Administrative Item (MINIMUM STREET STANDARDS CHAPTER 6
AMENDMENT/PAVEMENT STRUCTURE & MATERIALS): Submitted by ALDERMAN
MATTHEW PETTY for an amendment to the Minimum Street Standards Manual. The request is
to modify CHAPTER 6, PAVEMENT STRUCTURE & MATERIALS to allow allows to be
constructed of gravel in certain circumstances.
Matthew Petty, Alderman: Gave a presentation on the proposal.
Public Comment:
Chris Brown, City Engineer: Gave examples where the public have requested gravel alleys to
be paid at the city expense. He discussed the primary concern is drainage. This provision
indicates that the city will not maintain these alleys. However, that requires the residents to
maintain the alleys. There is always the concerns that people cannot pave or maintain a gravel
alley. He recommended that if approved the number of homes be limited on a gravel alley. He
Planning Commission
Augu8,2016
Agen a Item 1
7-25-2016 Minutes
Page 2 of 6
recommended that the alley be paved at least 18' from the public street right-of-way to prevent
gravel from being tracked onto the street.
Andrew Garner, City Planning Director: Asked about the sub grade requirement for alleys.
Petty: Discussed that soil tests would be waived requiring sub grade. When we are requiring that
people build driveways to a roadway standard we are increasing the cost of homes and barrier to
market. In every way we are holding back development. Today there is a variance process but
none have ever been granted. In this case the engineering standards hold us back. It gives the
regulatory burden for these types of projects. We should let calibrate our code to the successful
condition that we already have. We can look to existing gravel alleys in our town as examples.
No more public comment was presented.
Matthew Hoffman, Commissioner: Discussed the difficulty with the extremely expensive cost
of building an alley. This is an important proposal because it is a critical component to building
traditional town form. He asked about exempting the Downtown Master Plan area. He discussed
that the downtown area is an area where we would want to encourage infill development. He
agreed that gravel alleys should be looked at more closely in the Hillside, Hilltop Overlay District.
He agreed that the alleys should be paved the required 18 feet from the street right-of-way as
recommended by the City Engineer.
Brown: Responded that the roller test proposed is an appropriate way to test solid qualitatively.
Hoffman: Agreed that it is important encourage development to follow traditional town form with
this proposed code change.
Tom Brown, Commissioner: Discussed agreement with where we are going with this. I would
like to take the time and break this down by zoning district. I would think that the RSF and R-A
districts it should be allowed. He discussed further districts where it would be allowed. In the
commercial zones I don't think we should allow it. I understand that in the downtown you are trying
to maintain an image. He recommended that signage be installed indicating that this is not a city
maintained road.
Tracy Hoskins, Commissioner: He discussed the width of two way alleys is 16 feet. I applaud
Mr. Petty on wanting to simplify the code. I do believe that are alley regulations are excessive. He
discussed the scenario of people living on gravel alleys and rutting the alleys and potential
problems and maintenance. He asked about the types of gravel and dirt being tracked onto streets
from SB 2 for a long, long, time. He discussed the aesthetics of this type of development. If we're
using gravel, how do we contain that within the alley? Should we have 1-foot ribbons put along
the edge?What type of gravel is used? I don't ever recall any New Urbanism projects using gravel
as a paving surface for alleys. He asked Tom Hennelly (local engineer at Crafton Tull) his opinion
on this proposal.
Tom Hennelly, Crafton Tull: Generally agreed with Alderman Petty that the alley construction
standards are generally too stringent for the daily impact. There is a risk in the proof rolling in dry
versus wet weather conditions. However, it is probably excessive to have two feet of hillside
undercut. With SB 2 you have a lot of fines coming out of there. That is probably not the best
choice. There are plastic grid containment systems that can contain pea gravel or using a chip-n-
seal would hold the gravel in place.
Planning Commission
Augusyt 8,2016
Agenda Item 1
7-25-2016 Minutes
Page 3 of 6
Kyle Cook, Commissioner: Discussed that if he felt the alley section requirements are too
difficult let's look at those requirements, but not the paving requirement. The ultimate maintenance
of the alley will go to the future home owners. I don't feel that gravel alleys should be an option.
He discussed when Fred Hanna was mayor he had a goal to pave streets and alleys because of
the burden it was to the city to maintain these areas.
Hoffman: Discussed the experience of unpaved alleys. This is a part of how a city is made. You
do one layer, then you do another layer. In 2016 we want everyone to bring everything to the table
initially. That is never how it was done in the past. Somehow we got along. I want to reiterate my
support for this. I would be in support of tabling this and having another conversation with the full
commission.
Hoffman: Agreed that the way we have to build alleys is overkill. I couldn't support this yes. If
there were provisions as to what type of gravel. It would be nice if we could research some things
such as clean stone or cinder. It would be nice to explore the idea of some type of containment.
A 1-foot ribbon down both sides of the alley would not be too expensive.
Brown: Explained why he felt that public signage in the alleys would be preferred so people know
not to call the city when there is a rut in their alley. I am for tabling the item.
Petty: Agree it should be disallowed in the HHOD. He discussed precedent of using gravel in
other applications and projects. He discussed the angular gravel type. I am fine to table it but I
want to manage your expectations. Some things will always be difficult for neighbors to resolve.
Hoskins: Asked about alley maintenance.
Kit Williams, City Attorney: Discussed that if alleys haven't been constructed and accepted by
the city to city standards, the city doesn't have a legal requirement to maintain.
Motion:
Commissioner Hoffman made a motion to table ADM 16-5539 until the next meeting.
Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of
6-0-0.
RZN 16-5483: Rezone (NE CORNER OF MORNINGSIDE & 15TH STJRAUSCH COLEMAN
564): Submitted by RAUSCH-COLEMAN, INC. for property at the NE CORNER OF
MORNINGSIDE & 15TH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contains approximately 36.00 acres. The request is to rezone the property
to NC, NEIGHBORHOOD CONSERVATION, subject to a Bill of Assurance.
Quin Thompson, planner: Gave the staff report.
Tom Hennelly, applicant representative: Said the applicant was in agreement with staff, and
Rausch-Coleman was excited about development of a cluster housing development.
Public Comment:
No public comment was presented.
Planning Commission
Augu8,2016
Agen a Item 1
7-25-2016 Minutes
Page 4 of 6
Tracy Hoskins, commissioner: Said that this seemed to represent exactly what the City was
seeking in terms of development, and indicated his support.
Motion:
Commissioner Hoskins made a motion to forward RZN 16-5483 as recommended by staff.
Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote
of 6-0-0.
VAR 16-5507: Variance (NW CORNER OF FLORIDA WAY & CATO SPRINGS RD./LOTS 3-
18-BUNGALOWS AT CATO SPRINGS, 600): Submitted by BATES & ASSOCIATES, INC. for
property located at the NW CORNER OF FLORIDA WAY & CATO SPRINGS RD. The property
is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 0.84
acres. The request is for a variance to Streamside Protection Ordinance.
Alan Pugh, City Floodplain Engineer: Gave the staff report.
Jason Young, Applicant representative, Bates and Associates: Was present for questions.
Public Comment:
Thomas Brinkley, Property owner, 917/919 Cato Springs Road. Four of my grandsons live at
917 in the front. They run and play and I have concern of the safety of my grandsons because of
traffic on Cato Springs Road. I am against what they are proposing. There were six cars parked
on the street in a half block area while they also have a garage in the back. If you allow the
proposal to go in the way it is you will double the amount of traffic. He discussed concerns with
the density of the property.
No more public comment was presented.
Kyle Cook, Commissioner: Responded to Mr. Brinkley's comments.
Pugh: Discussed the location of the floodplain does not currently affect any of the lots except for
Lot #3 that faces Cato Springs Road. Explained the difference in rules for developing in a
floodplain vs. a floodway.
Kit Williams, City Attorney: Discussed that this development will not go any closer to the stream
than what has already been built and agreed with staff's recommendation given the existing
situation of this subdivision.
Tom Brown, Commissioner: Discussed reasons why he would be in support of the request.
Motion:
Commissioner Hoskins made a motion to approve VAR 16-5507 with conditions as
recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion
passed with a vote of 6-0-0.
Planning Commission
August 8,2016
Agenda Item 1
7-25-2016 Minutes
Page 5 of 6
The following items have been approved administratively by staff:
LSP 16-5486: Lot Split (109 S. GRAHAM AVE./NETTLESHIP DEVELOPMENT, 521):
Submitted by BLEW & ASSOCIATES, INC. for property located at 109 S. GRAHAM AVE. The
property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains
approximately 0.20 acres. The request is to split the parcel into 2 lots containing approximately
0.10 acres each.
4. Reports: None
5. Announcements: None
6. Adjournment Time: 6:57 PM
7. Submitted by: City Planning Division
Planning Commission
Augu!6 8,2016
Agenda Item 1
7-25-2016 Minutes
Page 6 of 6
CITY OF
■
ay%i LY 1 e PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Current Planner
Corey Granderson, Staff Engineer
MEETING: August 8, 2016
SUBJECT: CCP 16-5499: Concurrent Plat (16461 Summer Rain Rd./Rivera, 455):
Submitted by GLENN CARTER, PE, PS for property located at 16401 SUMMER
RAIN RD, The property is in the FAYETTEVILLE PLANNING AREA and contains
approximately three acres.The request is to split an existing three acre lot into two
tracts.
RECOMMENDATION:
Staff recommends approval of CCP 16-5499 with conditions.
BACKGROUND:
This property is located at the southwest corner of Wyman Rd. and Summer Rain Rd. within the
City of Fayetteville Planning Area. The property contains one lot in unincorporated Washington
County and totals approximately three acres. The property is currently developed with a house
and detached shop. The original parent tract has exceeded the allowed number of lot splits as it
has been subdivided from one into five lots and must be processed via the subdivision process,
in this case a Concurrent Plat as no infrastructure improvements are recommended by staff.
The surrounding zoning and land uses are depicted in Table 1.
'table 1 -Surroun ing Zoning and Land Use
Direction Land Use Zoning
-from Site
North Undeveloped 1 Agricultural Unincorporated Washington Count
South Single-family 1 Agricultural Unincorporated Washington County
East I Single-family 1 Agricultural Unincorporated Washington Count
West I Single-family/Undeveloped Unincorporated Washington County
Proposal:The applicant proposes to subdivide the property into two lots,with one containing two
acres and the other having one acre.
Water and Sewer System:The property is served by a 2°water line on the property frontage
along Summer Rain Rd. Public Sewer service is not available to the lots.
Mailing Address:
1I3 W. Mountain Street www.fayettev >le ar.gn�
ssion
Fayetteville,AR 72701 armin9g o t 8,2016
August 8,2016
Agenda Item 2
16-5499 Rivera
Page 1 of 7
Adjacent Master Street Plan Streets: Wyman Rd. is a partially-improved, paved 2 lane road and
Master Street Pian designated `Minor Arterial' street. Summer Rain Rd. is a gravel road and
considered a Local street.
Right-of-way to be dedicated: Right-of-way is to be dedicated 38.5' from center line of Wyman
Rd. Summer Rain Rd has a 60' wide right-of-way and requires no dedication.
Access and connectivity: The lots are accessed by Summer Rain Rd.
Street Improvements: Staff does not recommend any street improvements given that this street
has access to public streets maintained by the county, and given that the overall impact to the
street system from the proposed six lots associated with the original parent tract will not cause
substantial impact to the street system.
Tree Preservation: The property is outside of the Fayetteville city limit; tree preservation is not
assessed.
Parks:The property is outside of the Fayetteville city limit; Parks fees are not assessed.
Public Comment:Staff has received no public comment.
RECOMMENDATION: Staff recommends approval of CCP 16-5499 with the following
conditions:
Conditions of Approval:
1. Planning Commission determination of street improvements. Staff and Subdivision Committee
recommend no improvements be made at this time, due to the minimal impact of one additional
lot and the existing street and utility access to the subject property. Wyman Road is an
unimproved two-lane asphalt road and Summer Rain is an unimproved paved road that
transitions to a gravel surface along the site.
2. A shed in the southern part of Tract 1 must be removed off the new property line, or the
proposed property line relocated around the shed, before approval.
3. Include the correct city and utility signature blocks on the final plat.
4. Washington County approval is needed for this concurrent plat.
5. Right-of-way dedication is required in the amount of 38,5' from centerline along the site's
Wyman Rd. frontage; no right-of-way dedication is required along Summer Rain Rd.
Standard conditions of approval:
6. Plat Review and Subdivision comments [to include written staff comments provided to the
applicant or his representative,and all comments from utility representatives:AR Western Gas,
SWST, Ozarks, SWEPCO, Cox Communications].
G:IETCIDevel opment Services Review\2 0 1 60e velopment Review116-5499 CCP 16401 Summer Rain Rd.[Rivera]455 Planning Commission
August 8,2016
Agenda Item 2
16-5499 Rivera
Page 2 of 7
Planning Commission Action: 71 Approved 71 Forwarded 77 Denied
Meeting Date: August 8, 2016
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
■ Applicant's letter
■ Site plan
■ Close Up Map
■ One Mile Map
I
I
I
I
G-lETO Develo pm en t S e rvices Reviewl201610eveiopment Reviewl16-5499 CCP 16401 Summer Rain Rd.(Rivera)455 Planning Commission
August 8,2016
Agenda Item 2
16-5499 Rivera
Page 3 of 7
GLENN CARTER, PE, PS
CIVIL ENGINEERING &LAND SURVEYING
23)6:Xa[atvU I a ltays I la.IVB 7 ��• KM 444-9791 x (4/9)466"
June 28,2016
Planning Department
Andy Harrison
125 West Mountain St.
Fayetteville,Arkansas 72701
RE: Concurrent Plat for Guadalupe Rivera
Andy,
Mr. Rivera proposes to split one acre from his three acre parcel in Wyman, Arkansas in Washington County.
Since the property is in the Fayetteville growth area and was split into 3 lots 14 years ago and I of those lots
again about 6 years ago we have been required to submit a Concurrent Plat. Therefore please find the Plat of
Survey for the Lot Split attached and other materials as required.
Mr. Rivera is doing this to provide a lot for his son and daughter-in-law.
I do believe that the plat is complete and meets Fayetteville codes. Please call if there are any concerns.
Sincerely,
Glenn Carter,PE,PS
Glenn-Carter cox.net
479-466-1644
Planning Commission
August 8,2016
Agenda Item 2
16-5499 Rivera
Page 4 of 7
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Agen Ja Item 2
46 6.4 9 Rivera
Page 5 of 7
CCP 16-5499 RIVERA JAL
Close Up view NORTH
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Building Footprint 1 inch = 200 feet
Planning Commission
August 8,2016
Agenda Item 2
16-5499 Rivera
Page 6 of 7
CCP 16-5499 RIVERA
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Trail (Proposed) ______ +'v PLA NN ED ZONING OSTRICTS
Planning Area - _ woos raet
Building Footprint NsnrunaNAt
Fayetteville City Limits -_ -
Planning Commission
August 8,2016
Agenda Item 2
16-5499 Rivera
Page 7 of 7
CITY OF
FF%4-11e PLANNING COMMISSION MEMO
ANSAS
TO: City of Fayetteville Planning Commission
FROM: Jonathan Curth, Senior Planner
MEETING DATE: August 8, 2016
SUBJECT: VAC 16-5519: Vacation (MARINONI DR. & WEDINGTON DR,/FITNESS
ONE, "11): Submitted by MILHOLLAND & ASSOCIATES, INC. for
property located at MARINONI & WEDINGTON DRIVES. The property is
zoned UT, URBAN THOROUGHFARE and contains approximately 6.42
acres. The request is to vacate a portion of a general Utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 16-5519 to City Council with a recommendation for approval
with conditions.
BACKGROUND:
The subject property contains several parcels totaling approximately 4,76 acres. The property is
located at the southeast corner of 'Wellington and Marinoni Drives. The property is currently
undeveloped above grade, but has street and sewer/water infrastructure. The proposed Fitness
One structure is proposed for the southwestern portion of the subject property, and will encroach
on the existing easement as currently proposed. Surrounding land use and zoning is depicted in
Table 1.
Table 1
SurroundingZoningand Land Use
Direction Land Use Zoning
North Undeveloped P-1, Institutional
South Undeveloped UT, Urban Thoroughfare
East Undeveloped R-O, Residential Office
West Undeveloped P-1, Institutional
Proposal:The applicant proposes vacation of a portion of utility easement to allow for construction
of the proposed Fitness One structure closer to the street right-of-way in compliance with the
requirements of the UT, Urban Thoroughfare zoning district.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments and applicable franchise utilities, with the following responses: E
Utility Response i
Cox Communications No objections
Planning
Mailing Address: August 8!2016
113 W. Mountain Street www.fayettevi I I eAhway item 3
Fayetteville, AR 72701 16-5519 Fitness One Gym
Page 1 of 14
AEPISWEPCO No objections
Source Gas No objections
AT&T No objections
Ozarks Electric No objections
City of Fayetteville Response
Water/Sewer No objections
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 16-5519 to the City Council with a
recommendation for approval subject to the following conditions:
Conditions of Approval:
I. Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
Planning Commission Action: ❑ Approved ❑ Forwarded ❑ Denied
Meeting Date: August 8. 2016
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None.
Attachments:
• Request Letter
• Petition to Vacate
• Utility Approvals
• Easement Vacation Exhibit
• One Mile Map
• Close Up Map
Planning Commission
August 8,2016
G:1ETDIDevelopment Services Review120160eveiopment Review116-5519 VAC McMillan&Wedington(Fitness One)441 i Agenda Item 3
03 Planning Commissionl08-22-2015 16-5519 Fitness One Gym
Page 2 of 14
MLLILJ CamParqj
�►tyioweri+ry Cor_Survreryil?V REGISTRATIONS:
Melvin L. M Ihollar:d, ?'E, PLS ARKANSAS: PE, PLS
Fayetteville City Council, & July 11, 2016
Fayetteville Planning Commission MCO Project No. E-906
ATTN: Jonathan Curth, City Planner City Project#: LSIP 16-5475
125 West Mountain Street
Fayetteville, Arkansas 72701
479-575-8257
PROJECT: FITNESS ONE - LSIP
SUBJECT: APPLICATION FOR 5' EASEMENT VACATION,McMillan Estates
MATTER: LETTER DESCRIBING THE SCOPE, NATURE & INTENT, of request:
DEVELOPER/OWNER: FITNESS ONE/CROSS CHURCH
Jonathan:
The objective of this proposed 5' Easement Vacate is to remove and rep lat a part of a platted 20'
easement, that is not required by any of the public service companies to provide services to
McMillan Estates. Said Estates was Plats as a C-2 Zoned property, and was later re-zoned as
UT. The vacated 5' will be replatted as land use outside of the Easement boundary, and will
permit the proposed Fitness One structure to be constructed closer to the Street Right-of-Way.
The intent by the developer is to design the Fitness One structure into this additional 5'for a
"more effective and comprehensive use" of the entire Land Area of Lots 3 and 5, in accordance
with the present Zoning UT.
Respectfully Submitted,
Melvin L. Milhoiland,P.E.,P.L.S.
Milholland Engineers& Surveyors
205 Wet Center St.
Fayetteville,AR 72701
479-443-4724
Cc: file, Brent Allred,Zachary Wood,MCO Staff
Planning Commission
205 West Center Street; Fayetteville,Arkansas 72741.5905; Phone: (479)443-4724; fax: (479)4434747; wwwX0engr.com; E-mail:MCGengrPswbell.net August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 3 of 14
PETITION TO VACATE A(N) Y of a 20'Utility Easement LOCATED IN Lots 3 &5,of the MC
Miliian Estates Subdivision,CITY OF FAYETTEMLE,ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We,the undersigned,being all the owners of the real estate abutting the easement hereinafter sought to
be abandoned and vacated,lying in Lot 3 &5 of McMillian Estates Subdivision,City of Fayetteville,
Arkansas, a municipal corporation,petition to vacate a{n}Y of a 20' Utility Easement which is described
as follows:
SEE ATTACHED DESCRIPTION:
That the abutting real estate affected by said abandonment of the 5'of a 20'Utility Easement are hots 3&
5 of McMillian Estates Subdivision,City of Fayetteville used by the public for a period of many years,
and that the public interest and welfare would not be adversely affected by the abandonment of the
portion of the above described casement.
The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real
estate,subject,however,to the existing utility easements and sewer easement as required,and that the
above described real estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners
as provided by law.
WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville,Arkansas,abandon and vacate the above described real estate,subject to said utility and
sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting
property owners as provided by law,and as to that particular land the owners be free from the easements
of the public for the use of said easement.
Dated this5 A.day of k4 20I6
Printed Name
Signature
Printed Name
Signature
Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 4 of 14
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Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 5 of 14
UTILITY .APPROVAL FORM
FOR RICHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: 6/29/2016
UTILITY COMPANY: Cox Cable
APPLICANT NAME: WCG Wedincgton,LLC APPLICANT PHONE. 970-599-1511
c o Michael enz er
REQUESTED VACATION(applicant moist check all that apply):
x Utility Easement
Right-of-way for alley or streets and all utility casements located within the%acated right-of-way.
Alley
Street right-of-way
1 have heen notified of the petition to vacate[he folloevinb(allep,easement,r+glu-af lvetr),described as follows:
General location 1 Address_W. McMillan Dr, Fayetteville,AR 72701
A (ATTACll legal description acrd graphic representation of wha[is being varatedSURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(i)described above,and no comment..
No objections to[fie vacation(s)descrihed abotie,provided following described casements are retained,
iStatc the location,dimensions,and purpose below.}
x No objections provided the following conditions are met:
Atl X damage to or relocation of cur existi ng facilities will be at the ownersldevelo pers ex ease.
nature of Utility Company Representative
Planninjg&Construction Manager
Title
Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 6 of 14
UTILITY APPROVAL FORM
11011 Rictur-UI,-WAY.ALLEY.ANN)
UTILITY EASENTE}NT VAC'A'T'IONS
DATE:
121-11,11[YCOMPANY- AEP 1 SWEPCO
APPLICANT NAME: WCG Wedington_L.L.0 _ _ _ -- --APPL.ICANT PHONE: 970-599-1511
cJo Michael Wenxler
REQLIE5TCD VACATION(appl$rrsrmi"tehrrs•kall rharapplrr
x Utility Faserment
Right-of-way fire illcw or+Free:l5 and all wilityeasvments iuc100 within tlir la=med righl-of-way.
Alley
Street right-of way
I hart been nntif ed of tfte petition to vacxle the followiizg(rrlle .rnsenpe x,rippler-ofu•ny),deserlhed a%follows:
Central location!Address W. McMillian Dr. Fayetteville,AR,72701
IX ;,irr.4cu legut dexergn1an rt►rrlgrripl►ir►eptrsrnratrnrt(if what is being vrtealeel�VUR1 E})
UT1LrrY COMPANY C01TMENTS:
x No objections In the►•acationls)described above,and no comments.
No uhjeetimis to the vacations)ticscribcd aNivc.provided following described easenwnm ari remined.
iState tite location.dimensions.and purpatie below.)
No objections Provided fhe Fallowing conditions arc met:
Signanu�Irul �lclllnpayly Rcpresuntal iii:
I'ille
Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 7 of 14
r
[TT, UTY,APPROVAL FORM
FOR BIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: 3
UTILITY COMPANY: r Source Gas
APPLICANT NAME: -MCC'G.Wedinaton. LLC _ APPLICANT PHONE: 970-5.99-1511
eJo Michael Wenzler
REQUESTED VACATION(appRean(nrustcheckall that apply): - —
X Utility Easement
Right-of-way for alley or streets and all utility ca%ernents located within the vacated right-of way.
Alley
Street right-of-way
I have been notified of the petition to Vacate the following(alle.Y.easement, rrght��f-,ofv),described as follows:
General location 1 Address _
A (ATTACH legal description g d graphic representation of what is Aeing varuted-SUR VE Y)
UTILITY COMPANY COMMENT'S:
X No objections to the vacations)described ahove,and no comment%.
No objections to the vacations)described above,provided following described easements are retained.
(State the location,dimensions,and purpose helow.)
No objections provided the following conditions are mets
SignaKyq of Utility Company Represent i VC
Title ,
�. Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 8 of 14
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY.ALLEY.AND
UTILITY EASEMENT VACATIONS
DATE: June 8,2016
UTILITY COMPANY. AT&T
APPLICANT NAME: WCG Wed':n ton, LLC APPLICANT PHONE: _9M599-1.511
6( Ii 6KiefizTer
REQUESTED VACATION(applicant must check all that apply):
x Utility Easement
Right-of-way for alley or streets and all utility casements 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 l Address W. McMillan Dr. Fayetteville,AR 72701 ,!
X (A7TAChl legal descrlprion pad graphic represenraaon of what is being vacated-SURVEY)
UTILITY COMPANY COMMENTS:
x No objections to the vacation(s)described above,end no comments.
I
No objections to the vacations)described above,provided following described easements are retained.
(State the location,dimensions,and purpose below.) l
I
I
No objections provided the following conditions are met:
Oigeally signed by JEFF HAWTON
JEFF HAMILTON
DN:
GNEEA1W,e &11ah 54300AM rC='li5� �
rwn --x016A6.0s 13:32-58-0S 00'
Signature of Utility Company Representative
MGR OSP Ping & Engrg Design
Title
Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 9 of 14
UTILITY APPROVAL FORM
FOR R1GIff'-Olt-WAY,ALLEY,ANO
UTILITY EASEMENT VACATIONS
IONS
DATE: —66—
UTILITY
` 67UTILITY COMPANY: Ozarks Electric Corporation
APPLICANT NAME: _WCG Wedington, LLC_ APPLICANT PHONE: 970-599-1511
do Michael Wertzler
REQUESTED VACATION(appUmmi■meat check a! dirt appl.Y):
tX Utility Easement
Itigltt-of way for alley or streets and all utility casements located within the vacated right-of-way
Alley
Street right-0f--way
I have been rwai0ed of the petition to vacate the fallowing(alley,easement ri9h1 a�--way),described as fo}Iowa:
General locatlon 1 Address W. McMillian Or.: Fayetteville,AR 72701
I)( (A77ACH legal descr4i 44vn grLdgraphk representation of what is being vacated-SVRVEY)
UTILITY COMPANY COMMENTS:
xNo objections to the vacatlon(s)described above,and eta commenm
No objections to the vacation(%)described above,provided following described emmerits are retalned.
(Stale the location,dinwmiotts,and purpose below.)
No objections provided the following conditions are met'
Signature of Uldity Co"M presentative
T��rr� 57 o r I_e-c,#
Title
Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 10 of 14
❑TILfTY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: .lune 8, 2016
UTILITYCOMPANY: City of Fayetteville,Water& Sewer
APPLICANT NAME: WCG Wed1 gton,LLC APPLICANT PHONE: 970-599-1511
do—MichailWenxler
REQUESTED VACATION(appikenr wont check_g Lhar apply'):
x Utility 6aKtrrent
Right-of-way for alley or meet:and all utility easements located within the vacated right-of-way.
Alley
SReet right-of-way
I have tern notify of the petition to vacate the following(alley,easement,right-of-way),described as follows?
General location 1 Address W. McMillian Dr., Fayetteville,AR 72701
Ix fATTACH legal diawiplran gg¢graphic representation of whar is befng wtc4red-SURY4YJ
U71LI1'Y COMPANY COMMENTS-
t No objemions to khe vacations)described above,and no cumm=ts.
W, No objections to the vacatian(s)described above,provided following described easements are retained.
(State the iocatiort,dimertsions,and purpoac below.)
Se�TN Is- Q,c EiaSr-2-7twrr IS '7�,
Rri`ef 1AJ-4 PCA I-Alf' Qk4-w1u s5 _
13 No objections provided the Following conditions are met
5ignalune o tility Co y Repeescniative
w s oPou--7z;,.j s A-iq„-rx cam_
Tide
Planning Commission
August 8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 11 of 14
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—I Planni g Commission
ugust 8,2016
Agenda Item 3 1
16-5519 Fitness One Gym
Page 12 of 14
VAC 16-5519 FITNESS ONE A I
One Mile View NORTH
f 0 0.125 0.25 0.5 Mlles
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L _ _F Fayetteville City Limits ❑ �`' M aASEo oearwers
sF-,e rumr.. .s .
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-- _ Planning Area 'NoU8Tfl1AL Ipsmunn"AL
Building Footprint Nrn�..�u•aLgmiwwAti planning Co mission
Ai Fayetteville City Limits ... �M 1� ^•+Md •
8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 13 of 14
VAC 16-5519 FITNESS ONE A&
Close Up View NORTH
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Proposed Easement
Vacation
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` Fayetteville City Limits Residential-Office
� - - � Feet � c-2
Trail (Proposed)
—. 0 75 150 300 450 600 M Urban Thoroughfare
-- Design Overlay District P-1
1 inch = 200 feet
Building Footprint Planning Co mission
Augus
8,2016
Agenda Item 3
16-5519 Fitness One Gym
Page 14 of 14