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HomeMy WebLinkAbout2017-01-23 - Agendas - Final CITY OF Tay� LY i'I'l e� AGENDA ARKANSAS Final Agenda Planning Commission Meeting January 23, 2017 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 City Attorney: Kit Williams Call to Order Roll Call Consent 1. Approval of the minutes from the January 9, 2017 meeting. 2. VAC 16-5687: Vacation (2790 N. SIGNET PLACE/BOWERS, 295): Submitted by BATES & ASSOCIATES, INC. for property located 2790 N. SIGNET PLACE. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a general utility easement. Planner: Harry Davis 3. VAC 16-5688: Vacation (3300 W. GROVE DR./PLANET FITNESS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 3300 W. GROVE DR. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 9.81 acres. The request is to vacate a portion of a general utility easement. Planner: Jonathan Curth 4. CCP 16-5694: Concurrent Plat (4712 & 4744 W. OLDHAM DR./SLOANBROOKE PH. I — LOTS 97 &98, 477): Submitted by JORGENSEN &ASSOCIATES, INC. for properties located at 4712 & 4744 W. OLDHAM DR. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 0.50 acres. The request is for 2 single family lots. Planner: Harry Davis Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Old Business 5. RZN 16-5667: Rezone (1918 S. GARLAND AVE./ANDERSON, 600): Submitted by SKIP ANDERSON for property at 1918 S. GARLAND AVE . The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.32 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Planner: Jonathan Curth New Business 6. LSD 16-5690: Large Scale Development (676 W. ASH ST./THE TRAILS ON ASH, 366): Submitted by BATES & ASSOCIATES, INC. for properties located at 676 W. ASH ST. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, and contain approximately 2.22 acres. The request is for 7 commercial buildings consisting of 17,025 square feet and associated parking. Planner: Quin Thompson The followinq items have been approved administratively by staff • LSP 16-5692: Lot Split(3695 E. HUNTSVILLE RD./SEIBERT, 529): Submitted by BLEW & ASSOCIATES, INC. for property located at 3695 E. HUNTSVILLE RD The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.26 acres. The request is to split the parcel into 2 lots containing approximately 0.12 and 0.14 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 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. 2 CITY OF Ta L MINUTES ARKANSAS Planning Commission January 09, 2017 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 Call to Order: 5:30 PM, Kyle Cook In Attendance: Members: Kyle Cook (Chair), Matthew Hoffman (Secretary), Tracy Hoskins, Janet Selby, Ryan Noble, Tom Brown, Leslie Belden, and Allison Thurmond Quinlan Absent: Ron Autry (Vice Chair) City Staff: Andrew Garner, City Planning Director; Jonathan Curth, Senior Planner; Quin Thompson, Planner; Harry Davis, Planner; Alan Pugh, Engineering City Attorney: Kit Williams Consent Agenda: 1. Approval of the minutes from the December 12, 2016 meeting. 2. ADM 15-5682: Administrative Item (N. END OF TRUCKERS DR./LSD 15-5097 EXTENSION REQUEST, 208): Submitted by ENGINEERING SERVICES, INC for property at the NORTH END OF TRUCKERS DR. The request is to extend the original approval of Grand Retirement Community, LSD 15-5097. 3. VAR 16-5695: Variance Item (1404 E. ELMWOOD DR./MILTON, 369): Submitted by MISSY & MICHAEL MILTON for property located at 1404 E. ELMWOOD DR. The property is zoned RSF- 4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.55 acres. The request is for a variance to the Flood Damage Prevention Ordinance (freeboard requirement). Motion: Commissioner Hoffman made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Old Business: No Items Mailing Address: Planning Commission 113 W. Mountain Street www.fayetteville ua 23,em 1 Fayetteville, AR 72701 A X09-20 1 Y Minutes 01-09-2017 Page 1 of 12 New Business: 4. VAR 16-5679: Variance Item (1441 S. COOPERS COVE/C3 CONSULTING, INC., 568-607): Submitted by C3 CONSULTING, INC. for property located at 1441 S. COOPERS COVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 1.37 acres. The request is for a variance to the Streamside Protection Ordinance. Alan Pugh, Staff Engineer: Presented the report. No Applicant Present Public Comment: No public comment was presented. Tracy Hoskins, Commissioner: Notes that this request is almost identical to the previous two similar variances proposed, and moves to approve the request. Kyle Cook, Commissioner: Inquires from staff whether to expect many more of these variances in this location. Pugh: Is not certain, but believes there are one or two more. Across on Spyglass Hill Drive it is all under one owner so it was approved as one, whereas these are all under different ownership. Motion: Commissioner Hoskins made a motion to approve VAR 16-5679 with all conditions as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission Januaryf3,2017 Agenda Item 1 Minutes 01-09-2017 Page 2 of 12 5. VAR 16-5698: Variance Item (227 W. DICKSON ST./LUMIERE THEATRE, 484): Submitted by BLACKWELL ARCHITECTS, INC. for property located at 227 W. DICKSON ST. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 0.13 acres. The request is for a variance to the Downtown Design Overlay District and the Commercial Design and Development Standards Jonathan Curth, Senior Planner: Presented the report. Marlon Blackwell & Kertis Weatherby, Applicant's Representative, Marlon Blackwell Architects: Appreciates staff's recommendation of approval of the variance related to the Dickson Street elevation. Notes that there are challenges on the site, especially given the theater use. Contends that there is articulation with the roof lines and profile. The theater prevents punching a window, and the architect has developed a siding that intensifies pattern and light to simulate articulation. It will be a very dynamic facade, and no two panels will be alike. Collectively, the profile of the building, the materials, and the resulting shadows will create a significant amount of articulation. The eastern elevation in particular takes advantage of the profile as articulation. Goal is to take a program, a theater, and turn it into something interesting. Public Comment: No public comment was presented. Matthew Hoffman, Commissioner: Feels it is an interesting project. Agrees with staff's recommendation regarding the Dickson Street facade. It is very effective in addressing the street in a manner that meets the intent of the Downtown Design Overlay District. Feels that the commercial design standards are more appropriately applied in suburban conditions where all four sides are often visible. In an urban setting like that of the subject property, side elevations are often relatively unarticulated. Notes that the architect is doing a service to the client by not compromising the interior use. Would not want to require openings or other articulation that would be "wasted" down the road as the area develops further. Janet Selby, Commissioner: Agrees with Commissioner Hoffman and thinks that the building is beautifully articulated without windows. Intends to support the request. Allison Thurmond-Quinlan, Commissioner: Further echoes the comments of the previous Commissioners, but does have concern about the steel weathering on adjacent buildings. Weatherby: A gutter is incorporated to move any water from the wall away from adjacent properties that will prevent unwanted staining. Thurmond-Quinlan: Is glad to hear these issues have been address. Does have some concerns that the building's look may not age well. Tracy Hoskins, Commissioner: Asks staff about a previous and similar issue with the Walton Arts Centers recent renovation. Andrew Garner, Planning Director: Informs the Commission that there were variances granted to the Walton Arts Center that were similar, but not identical. There was a similar curtain wall system utilized. Planning Commission Januaryf-3,2017 Agenda Item 1 Minutes 01-09-2017 Page 3 of 12 Hoskins: Further inquiries if the current applicant would require a similar variance, particularly with regards to features like window sills. Garner: Cannot recall if window sills were required on the Walton Arts Center, but in the current request, there are no true windows, so sills are not required by staff's recommendation. Hoskins: Questions whether there are other types of articulation beyond windows that can meet the commercial design standard requirements. Garner: Confirms that there are innumerable other ways to articulate. Hoskins: Notes that it seems that the Commission has gotten fixated on windows as the means to create articulation, and why that would not be viable in this instance, when there are other options. While not a fan of this type of architecture, he does have a problem with the east and west elevations, considering the degree of visibility. Feels staining is still a concern, even with guttering, but like the idea of the metal panels. Tom Brown, Commissioner: Comments that among the findings needed for a variance, is whether there is a unique situation or not, and that this should be the focus. Agrees that in an urban setting there should be consideration for a variance. Leslie Belden, Commissioner: Recounts her role on the Historic District Commission, and the efforts to create a historic district on Dickson. Notes that one of the goals was to not freeze Dickson Street in time. States she is supportive of these variances as they will help to keep Dickson Street and its architecture relevant. Kyle Cook, Commissioner: Takes issue with the east and west elevations, but does feel that the proposed cor-ten siding and its pattern, and the confines of the property help mitigate the blank facades. Has no issues with the front elevation on the street. Is likely to support given previous support for similar projects. Motion: Commissioner Selby made a motion to approve VAR 16-5698 with all conditions as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Hoskins voted `no'. Planning Commission January, 3,2017 Agenc}a Item 1 Minutes 01-09-2017 Page 4 of 12 6. CUP 16-5683: Conditional Use (3198 N. GREGG AVE./WRMC TEMP. OFFICE BUILDINGS, 250): Submitted by JEFF BARKER for property located at 3198 N. GREGG AVE. The property is zoned P-1, INSTITUTIONAL and contains approximately 3.82 acres.The request is to temporarily use construction trailers for medical offices. Jonathan Curth, Senior Planner: Presented the report. Jeff Barker, Applicant, Washington Regional Medical Center: Reprises staff's report and notes that no patients will be on site. The hospital is extremely short on space and this will help accommodate growth. Public Comment: No public comment was presented. Kyle Cook, Commissioner: Asks staff if the intent is then to remove the trailers at the end of 2017 and return the site to its previous state. Andrew Garner, Planning Director: Correct. Tom Brown, Commissioner: Acknowledges that the hospital is in a state of aggressive development and temporary spaces is at a premium to keep services up to a certain standard. Wants to support the hospital's efforts and has no issue supporting the request. Matthew Hoffman, Commissioner: Agrees with Commissioner Brown, but wants it noted that he will not support an extension of this conditional use in a year's time. Notes that these are trailers after all and he would like to see them removed as soon as possible. Motion: Commissioner Hoskins made a motion to approve CUP 16-5683 with all conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission JanuaryE�3,2017 Agenda Item 1 Minutes 01-09-2017 Page 5 of 12 7. RZN 16-5667: Rezone (1918 S. GARLAND AVEJANDERSON, 600): Submitted by SKIP ANDERSON for property at 1918 S. GARLAND AVE . The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.32 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Kyle Cook, Commissioner: Confirms with staff that the item is to be tabled, and questions staff if they intend to present anything. Andrew Garner, Planning Director: Informs the Commission that staff will not present a report, but recommends opening up the floor for public comment prior to making any motion should someone have come to speak. Public Comment: No public comment was presented. Motion: Commissioner Hoskins made a motion to table RZN 16-5667 until the next Planning Commission meeting. Commissioner Belden seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission Januar43,2017 Agenda Item 1 Minutes 01-09-2017 Page 6 of 12 8. RZN 16-5677: Rezone (3535 E. HUNTSVILLE RD./HARRIS, 529): Submitted by BLEW & ASSOCIATES for property at 3535 E. HUNTSVILLE RD . The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Harry Davis, Planner: Read the staff report. Nathan Harris, Applicant: States they intend to rezone this to allow a sign. However, with the large utility easement in the back of this area, it renders the property limited for use on that portion and not suitable for single-family homes. Placing the building in the front along Huntsville made sense and fits within CS zoning. Peter Farmer, Engineer: Stated they are here to help explain or answer questions. Public Comment: No public comment was presented. Kyle Cook, Commission Chair: Comments on easement. Harris: Explains how the easement is a burden to this property. Tom Brown, Commissioner: States agreement with staff about the inappropriateness of this rezone. Brown expands further about how commercial activities in CS would impact the safety of motorists along Huntsville. Matthew Hoffman, Commissioner: Asks staff what other possible zones, including NS, Neighborhood Services, which they have worked through with the applicant. Davis: Explains that NS would not allow the applicant's desired sign. Hoffman: Asks if NS is something staff could support. Andrew Garner, Planning Director: Explains that staff would not support commercial uses along this road and how other districts like NS and R-O would not allow the sign they want and the commercial uses would not receive staff support. Hoffman: States they are willing to support something else other than CS, but believes they are entitled to a zone that allows a sizeable commercial sign and some light commercial uses. Tracy Hoskins, Commissioner: Asks staff what the differences in size area are between R-A and NS. Garner: Answers. Hoskins: Concurs with Hoffman about various points. Allison Thurmond-Quinlan, Commissioner: Concurs with the two previous Commissioners, but believes that CS could actually work at this location. Hoffman: Asks staff if it is possible to zone NS and get a variance for size. Planning Commission January-�3,2017 Agenda Item 1 Minutes 01-09-2017 Page 7 of 12 Garner: Answers no, and that an administrative variance would not allow more than a 10% variance. Advises the Commission to ask the applicant what they would prefer. Hoffman: Asks Garner if CS is the smallest zone to get the best size of sign for this property. Garner: Answers. Hoffman: Asks the applicant what their preference is for a zone. Rapid conversation between staff, applicant, and commission about sign sizes and different zones. Harris: States they would rather leave tonight with a commercial zone for the sign. Hoffman: Asks Kit Williams if a Bill of Assurance would fix a problem with CS. Kit Williams, City Attorney: Answers that it is possible. Asks staff about wall sign sizes for NS. Garner: Answers a possible 50 sq ft for a wall size when not adjacent to residential property. Brown: Asks staff about the relationship between the county and approved mini storage. Garner: Answers that the city does not have jurisdiction within the county. Brown: States that the city does not have to bend to what has been approved in the county. Brown states that Huntsville should not turn into College and not have the sprawl that would be allowed with this rezone and possibly influence neighborhood properties. Hoskins: Explains commercial development and how they want to be located around high- traffic roads. Asks staff to explain sign sizes for R-A, NS, and CS. Garner: Explains the varying sizes. Hoskins: States that the applicant to come back later and seek to rezone the property from R-A to something else in the future. Asks the applicant if they would like to have R-A with a 32 sq ft monument sign or a commercial zone with a smaller sign. Harris: States his main goal tonight was to get a zone for a commercial sign. Hoskins: Explains that the only other option would be CS with a restrictive bill of assurance. Harris: Asks what would be allowed in R-O. Garner: Answers. Hoskins: States that R-O would not be form-based. Williams: Asks applicant before a motion is voted upon if they will agree with the recommendation or appeal the decision to recommend R-A. Planning Commission Januar43,2017 Agenda Item 1 Minutes 01-09-2017 Page 8 of 12 Harris: States they would be in agreeance with the recommendation. Motion: Commissioner Hoskins made a motion to forward RZN 16-5677 recommending R-A Zoning. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission Januaryg3,2017 Agenda Item 1 Minutes 01-09-2017 Page 9 of 12 9. ADM 16-5697 Administrative Item (UDC CHAPTER 151 & 174.091UDC AMENDMENT SIGN ILLUMINATION): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 151 and 174.09 to eliminate the sign illumination requirement in the 1-540 Design Overlay District. Andrew Garner, City Planning Director: Gave the staff report. Public Comment: No public comment was presented. Matthew Hoffman, Commissioner: Asked if this would affect graphic display signs. Garner: This would not affect graphic display signs. Tom Brown, Commissioner: Asked about the 1-540 DOD name and potentially changing it to I- 49. He also discussed wattage of lights and about the possibility of leaving the maximum lighting requirement in the code and changing reference to lumens. This would address the issues of impact of light from the sign on vehicles passing by. Technology has changed with LED lights so we could have a different unit of light measurement. Tracy Hoskins, Commissioner: One of the things I would hope to address is graphic display screens. Signage is moving more to that type of technology. I have never been an advocate of moving or flashing signs but technology is moving towards these types of signs so we will need to address it in our sign codes. Motion: Commissioner Belden made a motion to forward ADM 16-5697 recommending approval. Commissioner Quinlan seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Brown voted `no'. Planning Commission Janua,y(Y3,2017 Agenda Item 1 Minutes 01-09-2017 Page 10 of 12 10. ADM 16-5684 UDC Chapter 164.02/UDC Amendment Attached Accessory Structures): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 164.02 to allow shared accessory structures to be built across property lines. Quin Thompson, Planner: Read the staff report. Public Comment: No Public Comment was presented. Matthew Hoffman, Commissioner: Said he appreciates reasonable alternatives to the snout house. This is an excellent tool for small lot development. Tracy Hoskins, Commissioner: Said that the first person to get this approved in Fayetteville recently was yours truly, in the Oakbrooke subdivision. Would it be okay if the garages are not detached, but attached to the residences? Andrew Garner, Planning Director: Said what Hoskins described is a duplex. Alison Quinlan, Commissioner: Asked staff to clarify whether or not accessory structures would be allowed to share a rear property line. Thompson: Said yes it would. Motion: Commissioner Quinlan made a motion to forward ADM 16-5684 recommending approval. Commissioner Belden seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission JanuaT123,2017 Agenda Item 1 Minutes 01-09-2017 Page 11 of 12 The following items have been approved administratively by staff • LSP 16-5658: Lot Split (NE OF JEWELL RD. & SALEM RD./LOT 5 — FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located NE OF JEWELL RD. & SALEM RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.81 acres. The request is to split the parcel into 4 lots containing approximately 1.12, 3.35, 3.24, and 2.10 acres. • LSP 16-5623: Lot Split (219 & 223 N. BLOCK AVE./BLOCK STREET PARTNERS, 484): Submitted by BLEW & ASSOCIATES, INC. for properties located at 219 & 223 N. BLOCK AVE. The properties are zoned MSC, MAIN STREET CENTER and contain approximately 0.19 and 0.19 acres. The request is to split the 2 parcels into 4 lots containing approximately 0.09, 0.09. 0.10, and 0.10 acres. • LSP 16-5678: Lot Split (6332 W. SHREVE DR./PERGESON, 513): Submitted by BLEW &ASSOCIATES, INC.for property located at 6332 W. SHREVE DR. The property is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains approximately 23.16 acres. The request is to split the parcel into 2 lots containing approximately 2.00 and 21.16 acres. • LSP 16-5676: Lot Split (2808 N. OAKLAND ZION RD./PARKER, 257): Submitted by BLEW & ASSOCIATES, INC. for property located at 2808 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 11.97 acres. The request is to split the parcel into 3 lots containing approximately 7.42, 2.55 and 2.00 acres. • LSP 16-5672: Lot Split (265 S. CROSS AVE./BAUMANN + CROSNO, 520): Submitted by BATES & ASSOCIATES, INC. for property located at 265 S. CROSS AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to split the parcel into 2 lots containing approximately 0.12 acres each. • LSP 16-5498: Lot Split (1753 N. GARLAND AVE./CAPD, 365): Submitted by BLEW & ASSOCIATES, INC. for property located at 1753 N. GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.37 acres. The request is to split the parcel into 2 lots containing approximately 0.18 acres each. • FPL 16-5587: Final Plat (SE OF ZION RD. & HARBOR ISLE/WOODBURY SD, 137): Submitted by BLEW & ASSOCIATES, INC. for properties located SE OF ZION RD. & HARBOR ISLE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 11.65 acres. The request is for final plat approval of a single family subdivision with 33 lots. Reports: None Announcements: None Adjournment Time: 7:15 PM Submitted by: City Planning Division Planning Commission Janua,yf3,2017 Agenda Item 1 Minutes 01-09-2017 Page 12 of 12 CITY OF ■ Tay -Ile a PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Harry Davis, Planner MEETING DATE: January 23, 2017 SUBJECT: VAC 16-5687: Vacation (2790 N. Signet PI./Bowers, 295): Submitted by BATES & ASSOCIATES, INC. for property located 2790 N. SIGNET PLACE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.30 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5587 with conditions of approval. BACKGROUND: The property is located on the southeast corner of Skillern Road and Signet Place. The property is currently zoned as RSF-4, Residential Single--family, 4 Units Per Acre and contains approximately 0.30 acres. The surrounding zoning and land uses are depicted in Table 1. A general utility easement runs east-west along the northern property line that was dedicated on the final plat of the Crestmont Estates Subdivision. The applicant desires to build a pool in a portion of this easement. On January 9, 2017 the Fayetteville Board of Adjustment approved a variance to allow construction of a pool within a building setback(BOA 16-5686). Table 1 -Surrounding Z ning and Land Use Direction Land Use Zoning from Site North Single-family Residential Washington Count South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-2, Residential Single-family, 2 Units per Acre West Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre Proposal: The applicant proposes vacation of a portion of a utility easement as described above and depicted in an exhibit provided by the applicant(see attached letter and exhibit).The applicant i intends on building a pool in the easement area. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: ssion Mailing Address: anJanguary 23!2017 113 W. Mountain Street www.fayetteville-aWfda Item 2 Fayetteville, AR 72701 16-5687 Bowers Page 1 of 17 utility Response Cox Communications No objections with conditions AEPISWEPCO No objections Black Hills Energy No objections AT&T No objections with conditions Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5687 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities of existing facilities shall beat the owner/developer's expense. PLANNING COMMISSION ACTION: Required YES Date: January 23, 2017 © Tabled O Forwarded O Denied Motion: Second: Vote: BUDGETISTAFF IMPACT: None. Attachments: • Request Letter ■ Petition to Vacate • Utility Approvals • Easement Vacation Exhibit ■ One Mile Map ■ Close Up Map Planning Commission January 23,2017 G:\ETODevelopment Services Review120161!Development Review116-5687 VAC 2790 N.Signet P1.[Bowers]295103 Planning Agenda Item 2 Commission101-23-20171Comments and Redlines 16-5687 Bowers Page 2 of 17 Bates : � i� Associ ►t�s, I nc_ Civil En in g _ _ Surveying 7230 S Pleasant Ridge Dr.l Fayetteville,AR 72704 PFI:479442-9350* FAX:479-521-9350 www.batesnwa.com DECEMBER 9.2016 CITY OF FAYETTEVILLE To the City of Fayetteville Planning Commission and City Council Our clients,Nathan and Shannon Bowers,are requesting a partial vacation of an existing utility easement on property they own at 2790 North Signet Place(lot 11,Crestmont Estates),on the north side of their property which fronts Skillern Road for the purpose of constructing a swimming pool. The Bowers would like to construct a 15'by 40'swimming pool,and in order to have adequate space between tate pool and their house they are requesting that 4.17 of the existing 15' utility casement be vacated.The new proposed easement line would still be I W❑f7of the buried fiber optic cable in that area,which was Feld located after the utilities were marked. Since the existing utility easement is also a building setback,a request for a setback reduction has been applied f'or also. PIcase see the attached building setback reduction Exhibit ror further information regarding this request,and contact Bates&Associates with any questions or concerns. Sincerely, Justin Reid Bates&Associates,Inc. Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 3 of 17 Plk1T I ON TQ VACATE UTfl1TY EASEMENT LOCATED IN LOT It.CRESTMON'1 ESTATES,C"Of fAY(TTE"LLF, ARKANSAS TO!This SayeurAk 01Y Planr.�l COMM rad The Fayette-All.CtyCcundl wie the anJers ,b";dl the owner's d the real estate abutting the{alley,rnemHM ri&-d-way) heref neper sW*t W be abandoned apd Vacated IHIrj,n(kn,Mock,wWt*ion(,Cry of FzyeaeWk4 Arkrnsts,a untdp&I ,pevI fat to vacate e(nj;rl!ry,ease ne nt,fight•of-Way}w hkh is descl6ed as fdbws: A MRTION OF AN E7U`iT1NG ZIP`UTIM EASEMENT LOCATED CH LOT 11.CRESTAft'3HT ESTATES.TO THE CITY OF AN ETTEVTILf,WASHpNGMI COU Wry,ARKANSAS,To U VACATED,BEING MORE PAM-= LY DESCR]RED AS UDWS,TO•WtT.BEr.WN WG AT A POINT WH KH O NO3'06'3S'E 110.37'Alta NW4n3-W 5.00'FROM THE UTHEAST CORNER OF SAID LOT 11 AND RUNNY THENCE N84'40'03'W 114.76`,THENCE NO3'0fi wE 4.1a, TT4ENCE Sl14'4003'E 119.74',TNEHCE SaI'06-15-W 4,10'TO THE PCINTOF BESMING.CONTAIN ING0.0I AQiES, MOAT OR US& That rho ebur V4 read estate affected by raid abandamrk-m of the a 11 r are lots 1,7,end 10 of Crest mom Estxtas, k:t I a!Hartsfield Add#kKi,attd pstsetsW1-15611401,$001-15 6 1 1-017, 4001 15611-009 Oty of FeycittrAW used by the pubb6c for a pedod of many yewlk and that the puMs.-k tvnt and wdhry would mot be, Adversely sHecw4 by the:ahandonmens of the portWn of the above dtscrfbad uhlty cssernent- Slim petttianers prey&4t the C1fy of f rfr""Ie,Ark&MM,abwi&n and vab=r the*bow dcaibtd real estate, subpxt,however,to the mdatir g utfOty casements And$ewer e4vncntx as"teed,and fleet the rbow dewlbed raal estate de used for OAT reWective benefit and purpose as Atw 2 VPmved by Taw. The pcWonert further pray that the ebove described real estate be vested in ttie AWMIr4 pr*KM owners as provk: !by irw - WHEREFORE,the ursdersiRnod petltionm resyectfuo�r prey Ulat the Sovcmin j be of the Clsy of FAyettev e Arkarfsrr%absn m end vauto the above t__*ed real r3Eaet,subject to said vV,ly and srwa eascm M AM that tttle to said real esUU sought to be sband w"be veiled In the abutting Woyarty Owren as yroym ed by taw and as to that particular fared Hee owners be free from tate e,essrnants of the pubwc for the cse of said ager Dated De[emfaer 9 ILIIiS Printed Name Slgrtaturr _.. Mated Name_ S1gr:ature -- - Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 4 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE. 12-6-2016 UTILITY COMPANY: COX COMMUNICATIONS APPLICANT NAME: BATES&ASSOCIATES APPLICANT PFIONE: 479-442-9350 REQUESTED VACATION(applicant arrrsr check alllloar apply): Utility Easclmnt !tight-of--way for alley or streets and all utility casements located within the vacated right-or-way. Alley Street righty 1 have been notified or the petition to vacate the iollow int;{eller,eerrxenrem.riglrl-rf xe;r),described as Follows: Ceneral location 1 Address 2790 N.SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 j f.ITTACII le�rrl descripliuer u�rd grrrplrir represenralion of what is being nacafed%VVR 1"F f) UTILITY COMPANY Cc7MMENT5: No objections to the vaeauon0)described above.and no comments. -1 No objections to the vacation(s)described above,provided Following described casements are reisincd. (State the location,dimensions,and purpose below.) x No objections provided the following comlitivos arc rnct: Pers atare o!Utility Company ttepresentalivc (.nngtrttrtion & Planning Manager •1•itic 1 r, r,h,r���r•+ , Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 5 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY",AND UTILITY EASEMENT VACATIONS DATE: 12-6-2016 UTILITY COMPANY: SWEPCQ APPLICANT NAME: BATES&ASSOCIATES APPLICANT PHONE: 479-442-9350 REQUESTED VACATION(applicant must theca-nll drat apply): x Utility Easement C Right-of-way for alley or streets and all utility casements located within the vacated right-of-,.vay- Alley 11-1 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 27910 N.SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 9 (ATTACH legal descriplion and graphic representation of what is being vacated-SURVEY) L.aT1LITY COMPANY COMMENTS: 9 No objections to the vacation(s)described above,and no commen,s- No objections to tote 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 tility Company Representative "Title Ih'i rrrrha•r?01! 1,,,c.• Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 6 of 17 U'nLTTV APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND L'`i' rI Y EASEMENT VACATIONS DATE,: 12.6-2016 UTILITY COMPANY: -BLACK HILLS ENERGY APPLICANT NAME: BATES&ASSOCIATES AppLICANT PHONE: 479-442-9350 REQUESTED VACATION(applicasn musr check all that app&- x 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 I have been notified of the petition to vacate the following(alley,easement,rightof-rvrrv),described as follows: General location/Address 2790 N.SIGNET PLACE NATHAN&SHANNON BOWERS FAYETEVILLE,AR 72703 I (ATTACH legal description—and graphic representation of,,har is being vacated-M VE Y) UTILITY COMPANY COMMENTS: x No objections to the vacation(s)desmbed above,and no consents. No objections to Lhe 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 Repres m tive Title 7 Dwemba 2014 Page 5 Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 7 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 12-6-2016 UTILITY COMPANY: AT&T APPLICANT NAME: BATES&ASSOCIATES APPLICANT PHONE: 479-442-9350 REQUESTED VACATION(applicant inust elreck 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 2790 N, SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 9 (ATTAC1l legal description mrd graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided tbllowing described casements are retained. (State the location,dimensions,and purpose below.) .x No objections provided the following conditions are met: if=4 AT&T fadlffie-, are required to be relocated all fees to (in so will he the responsibility of the pmperty owner Signature of Utility Company Representative MGR OSP PIng & Engrg Design Title December 2014 Page S Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 8 of 17 UT[L1TY APPROVAL FORM FOR FLIGHT-OF-►VAI',ALLEY,AND UTILin'EASEN1ENT VACATIONS DATE 12-6-2016 UTILITY COMPANY: DZARK ELECTRIC APPLICANT NAME: BATES&ASSOCIATES APPLICANT PHONE_ 479-442-9350 ftEQUFSTED VACATION(applicant muse'check aii that apply): utility Casement ]tight-of-way for alley or streets and all utility casements located within the vacated right-of way. Allev Street right-of--wny I have been notified of the petition to vacate the following(alley,easettent,right-of-way),described as follows: General location l Address 2790 K SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 �I (ATTACH legal description and graphic representation of what is being vacated-SURVEY) FUTILITY COMPANY COMMENTS. X( No objections to the vacation(s)described above,and no comments. ♦♦���� 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 Companyp sentative 5 Title December 2014 Page S Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 9 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 12-6-2016 UTILITY COMPANY: FAYETTEVILLE=WATER AND SEWER - APPLICANT NAME: BATES&ASSOCIATES APPLICANT PHONE: 479-442-9350 REQUESTED VACATION(applicant must check all that apply): x 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 l Address 2790 N.SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 x (ATTACH legal description and graphic representation of what is being vacated-SURVF.Y) UTILITY COMPANY COMMENTS: r,K No objections to the vacation(s)described above,and no comments. 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: Signatw ol'UIihiy Cm V Rcprescntalive ir� Title December 2014 Page S Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 10 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,A1.1,EY,AND UTILITY EASEMENT VACATIONS DATE: 12-6-2016 UTILITY COMPANY: FAYETTEVILLE TRANSPORTATION[DEPARTMENT APPLICANT NAME: BATES&ASSOCIATES APPLICANT PHONE: 479-442-9350 REQUESTED VACATION(applicantmrrst check all thal apply): )( Utility Easement Right-of-way for alley or streets and all utility casements 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,easement,right-of-way),described as Follows: General location 1 Address 2790 N.SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 $I (A9T7'ACN legal description and graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS' �C. No objections to the vacation(s)described above,and no comments. 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: Sign 3 e of ility Company Representative i+ ,� hl, •1 1/21'1' Title December 20!4 Pulte 5 Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 11 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 12-6-2016 UTILITY COMPANY: FAYETTEVILLE SQLIQ WASTE D#VI ION APPLICANT NAME: BATES&ASSOCIATES APPLICANT PHONE: 479-442-9350 REQUESTED VACATION(applicant must cherk all that apply): x 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[he petition to vacate the following(alley,easement,right-of--way),descnlxd as follows: General location/Address 2790 N.SIGNET PLACE NATHAN&SHANNON BOWERS FAYETTEVILLE,AR 72703 �I (ATTACH legal description artd graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections p Uvided the following conditions are mel: 4" ', ility C.anFpauy Representative 4 ars - i 4'r C. 4r fkxy,mbm-2614 P age S Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 12 of 17 � r— —� I I�I•y I� I I S Y o j L1J ! I wf I I= 3 d '•L w �7 � �y j u 1� � 9 - - a v �1 5.11'II.M1C,Q Ylf.1M11[!\ p LECE VV, n•.••. ". utllu.Yt oral u,••fi e�rr,.su.v.ro.L.a..a Planning C mmission January 23,2017 Agenda Item 2 16-5687 Bowers Page 13 of 17 z fl h u a4 s N � a Ai S� z ~8'S'f1 S W 0. � EX�S7 RUJRIED Ef-E o n s U0 t a — TRIC- iv U x 71y Y7 F I I 0 ^ x ate. U ❑ oat" U <C6Fui 0. x m ' t � Q x Q I t ! WLLI x + 0 o+ o+ I w � n°'iU) x ap g a OC I Lil r r=- ry p t C7 f w �7 } x ! w !� J D A¢ x r C]LLIO + D Q a H 0 Q x 67 ~ UQ I ! ! I x a G �a w I I x ❑Y a 3 LLI x a � X� p f LL W [!]JJ I II t o f'n x _ ! x x d— w af]'8'S's' .91 x di I o ,Lt bc'I S£.9ilor(1 IN Yll 4l i(715 Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 14 of 17 VAC 16-5687 BOWERS Close Up View OLD SklLCERN R[7 Subject Easement --- --- --- - ----I - I I f I L RSF-Y I V I W F� I ¢ � r z RS1-a N I ;---- -- - - ---- - _ -- 13 , 1 f i I i I I3 A I� I l in I f ~ I NORTH Legend RSF-2 Planning Area Feet RSF-4 Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 15 of 17 VAC 16-5687 BOWERS A& One Mile View NORTH 0 0.125 0.25 0.5 Miles * a r — ----=- ROM ORCHARD VA 7E 31 a2 1 � 1 Lu 1 + U 1 a INT BLVD 0 p 0 1 + 1 7 — —— ——_ + S ' A'SO `_ ——————— —_ —,-..—_ _�•.x6� F�NdLN _ z PRIVATE W2 Subject Easement n 8 z m` 0 a J + RSF-z E I NSF-4 I PRIVATE 2660 1 + TROUGH SP I I I I E + 1 T LN I I y {fid I c � ¢ `� ryR❑ T 9'PgOTT w "' y , 0 1 CAR 9�4EY DR s 4 1 ASHLEY LN 2onivv E]LFRAC-MM RESIOENTHL SIMGLE•FAMILY Me, ma.b.rJwa: COMMMERCIAL Legend FORM SASED OIST=n - Planning Area RESIDENT LMULTLFAMIV SM.n Fayetteville City Limits R Msar,e �woroa.nm.rnn...�`.., r r e ear r Trail(Proposed) PLAMNEDZOFNNSDISTMCTS Planning Area - usiwu mow. •p Building Footprint IMSmunoMAL Fayetteville City Limits ale Planning Commission January 23,2017 Agenda Item 2 16-5687 Bowers Page 16 of 17