HomeMy WebLinkAboutOrdinance 4861 r
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• ' ° f Doc ID : 009947510003 Tvoe : REL
I Recorded : 05/ 10/2006 at 11 : 44 : 37 AM '
Fee Amt : $14 . 00 Pace 1 of 3
Mashlnoton Countv . AR
r Bette Stamps Circuit Clerk
t r + rt f File
2006 000188791
r `
ORDINANCE NO, 4861
AN ORDINANCE APPROVING VAC 06- 1989 SUBMITTEDBY
ALLEN JAY YOUNG FOR PROPERTY LOCATED AT LOT 3RA,
WEDINGTON PLACE ADDITION, PHASE 3 ; VACATING THE
ACCESS EASEMENT OFF OF STEAMBOAT DRIVE.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted access easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVH.LE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described access easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map
attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the conditions of approval listed in the
staff report and Planning Commission recommendations for the City of Fayetteville, and shall not be
in effect until all conditions are met therein. AAAA'Al, TRS"t,,,�
.� '0 ��S Y •O c S,Gp�
PASSED and APPROVED this I8`s day of April, 2006. E�
c OFAYETTEVILLE • 3
APPROVED: ATTEST: z�z•• q
�9s• . RKANSP.J=`.
�r''%J,GT0tA G��.``
By: 13
DA OOD , Mayor SO DRA SMITH, City Clerk
Washington County, AR
I certify this instrument was filed on
05/10/2006 11 :44:37 AM
and recorded in Real Estate
File Number 2006-00018879
t Bette Stamps - Circuit le
��by _ I
i n
EXHIBIT-"A". y
VAC 06-1989
A COMMON ACCESS EASEMENT LOCATED IN THE SOUTH 50 FEET OF THE
EAST 144 FEET OF LOT 3RA, WEDINGTON PLACE ADDITION, PHASE II, TO
THE CITY OF FAYETTEVILLE, AS RECORDED AT PLAT BOOK 17, PAGE 77 IN
THE OFFICE OF THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS.
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Staff Review Form Am o(o -Igo
City Council Agenda Items
or
Contracts
18-Apr-06
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 06-1986: (Wedington Place Addition, 401 ): Submitted by Allen Jay Young for property located at lot 3RA, Wedington
Place Addition Phase 3. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate the access easement
off of Steamboat Drive.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
NIA NIA N/A
Account Number Funds Used to Date Program / Project Category Name
N/A N/A N/A
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
/ Previous Ordinance or Resolution # n/a
y b
Departmen Direc Pr Date Original Contract Date: n/a
Original Contract Number: n/a
3 - 3t) - 0(
City Attorney
Received in City Cleft is Office
Financ6 and Internal Service Director Date
Received in Mayor's Office
7
Mayor Date
Comments:
City Council Meeting of April 18, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: March 29, 2006
Subject: Easement Vacation for Wedington Place Addition (VAC 06- 1989)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a 50' access easement
located at Lot 3RA, Wedington Place Addition, as depicted herein.
BACKGROUND
Background: The 50' access easement was recorded with the Final Plat for Wedington
Place Addition in 1996. The purpose of the access easement was to provide access to Lot
2 and Lot 3 of Wedington Place Addition with only one curb-cut. However, in 1999 a
large scale development was submitted for the Bank of Fayetteville on Lot 2. At that
time the applicants requested a separate curb-cut south of the 50' access easement. The
Planning Commission approved the requested large scale development and the separate
curb-cut for the bank.
There is an existing 22 .5 ' utility easement along the south side of the access easement
and a 25 ' utility easement along the east side of the access easement that are not to be
vacated with this request.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners. Objections were received by tenants of the Wedington Place Senior Apartments.
However, upon review of the request, the tenants have rescinded their objections to the
vacation. All letters are within the staff report. This item was heard at the regular
Planning Commission on March 27, 2006. The Planning Commission voted 8-0-0 to
recommend this vacation request to the City Council.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06- 1989 SUBMITTED
BY ALLEN JAY YOUNG FOR PROPERTY LOCATED AT LOT 3RA,
WEDINGTON PLACE ADDITION, PHASE 3 ; VACATING THE ACCESS
EASEMENT OFF OF STEAMBOAT DRIVE.
WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public
grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the
platted access easement is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described access easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the map
attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the conditions of approval listed in the
staff report and Planning Commission recommendations for the City of Fayetteville, and shall not be
in effect until all conditions are met therein.
PASSED and APPROVED this day of , 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-1989
A COMMON ACCESS EASEMENT LOCATED IN THE SOUTH 50 FEET OF THE
EAST 144 FEET OF LOT 3RA, WEDINGTON PLACE ADDITION, PHASE II, TO
THE CITY OF FAYETTEVILLE, AS RECORDED AT PLAT BOOK 177
PAGE 77 IN THE OFFICE OF THE CIRCUIT CLERK, WASHINGTON COUNTY,
ARKANSAS.
aye e 0 le PC Meeting of March 27 , 2006
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jesse Fulcher, Planner
Matt Casey, Assistant City Engineer
THRU : Jeremy Pate., Director of Current Planning
DATE: March 20, 2006
VAC 06-1989: Vacation (Wedington Place Addition, pp 401) was submitted by Allen
Jay Young for property located at lot 3RA, Wedington Place Addition, Ph 3 . The
property is zoned C-2. The request is to vacate the access casement off of Steamboat
Drive.
Findings :
Background: The 50' access casement was recorded with the Final Plat for Wedington
Place Addition in 1996. The purpose of the access easement was to provide access to Lot
2 and Lot 3 of Wedington Place Addition with only one curb-cut. However, in 1999 a
large scale development was submitted for the Bank of Fayetteville on Lot 2. At that
time the applicants requested a separate curb-cut south of the 50' access easement. The
Planning Commission approved the requested large scale development and the separate
curb-cut for the bank.
There is an existing 22.5' utility casement along the south side of the access easement
and a 25 ' utility easement along the east side of the access easement that are not to be
vacated with this request.
Request: The request is to vacate the access easement, which will allow flexibility in
designing and developing Lot 3RA.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric N/A
Cox Communications N/A
AEP/SWEPCO N/A
SW Bell N/A
Arkansas Western Gas N/A
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer N/A
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners had no objections to the proposed
vacation. However, tenants from Wedington Place Senior Apartments have submitted a
letter and petition signed by a majority of the occupants requesting that the petition to
vacate the access easement be denied.
The occupants of Wedington Place Senior Apartments and the general public often use
Lot 3RA to easily access Harp's Grocery. Rather than exiting onto Wedington Dr. and
traveling west to Colorado Dr., motorists enter Lot 3RA from Steamboat Dr. and traverse
through the undeveloped property, then across a second undeveloped tract (Lot 3RB), to
a paved drive that is stubbed out from the Harp' s development. The "shortcut" that has
been created, as is apparent by the tire tracks, is not actually located in an access
easement. The route begins within the subject access easement, but quickly turns north
and continues across private property until reaching the driveway into Harp' s.
Upon development of tracts 3RA and 3RB, planning staff will determine the appropriate
locations for curb-cuts and cross access, so that legal access will be provided from
Steamboat Dr.
Recommendation: Staff recommends approval of the proposed access easement
vacation 06-1989 with the following condition:
1 . Cross access shall be provided through Lot 3RA to the west from Steamboat
Drive at the time of development. The applicant agreed to provide paved access, so that
the general public will have access to the west from Steamboat Dr.
PLANNING COMMISSION ACTION : yes Required
yes Forwarded Denied
Date: March 27, 2006
Vote:8-0-0
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
sy
Title
Date
CITY COUNCIL ACTION : yes Required
Approved Denied
Date:
FROM : FAX N0. : 14792543799 ceb. 13 2006 02 : 57PM P3
Febcvary l3, 2006
Fayetteville Planning Commission
113 West Mountain Street
Fayetteville, AR 72701
RE: Easement Vacation
To whom it may concern:
Allen "Jay" Young with Development Consultants, Inc. is hereby given authority to
represent westwind Holdings, LLC regarding Common Access Easement vacation in the
south 50' of the east 144' of Lot 3RA, Wedington Place Addition, Phase .IIT, City of
Fayetteville, AR (Plat 17,wI) Assessor's Parcel number 765-21701-000.
a 1 ,
gan
Written request and narrative to accompany petition packet
to vacate a Common Access Easement located in Lot 3RA,
Wedington Place Addition, Phase II, City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
On behalf of Charles Morgan III, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City
Council to vacate a Common Access Easement located wholly within Lot 3RA, Wedinglon Place Addition, Phase II,
City of Fayetteville, Arkansas. The easement is located in the South 50 feet of the East 144 feet of said Lot. The
easement is physically located approximately 200 feet North of Wedington Drive, on the West side of Steamboat
Drive. It lies adjacent to, and North of the North line of Lot 2, Wedington Place Addition.
Besides the petitioner, Charles Morgan III, the only other abutting lot to the easement is the said Lot 2, owned by Bank
of Fayetteville. East across Steamboat Drive is Lot 1R, Wedington Place Addition, Phase Ii, owned by Nelson &
Betty Properties, LLLP. Both have been notified of the petition to vacate by certified mail.
Lot 3RA is subject to certain conditions of record as defined in Covenants and Restrictions; Declaration of
Restrictions and Grant of Easement (DRGE); and Amendments to the DRGE, as filed in the office of the Circuit Clerk
of Washington County as instrument #96062365, #990818607 #2004-015808, and #2004-031207. Among those
conditions are Common Area Use and Ingress, Egress and Parking requirements. In summary, these provisions define
common areas as all areas not in a building or structure and provide for mutual use of all common areas by all other
owners/tenants of the development and their clients and costumers. The DRGE also restricts construction on all lots
by not allowing structures/improvements to be placed on platted easements.
With the mutual use of all common areas for Ingress, Egress and Parking, having a defined Common Access Easement
is redundant. However, the defined Common Access Easement would restrict the owner from being able to place any
structures/improvements in this area
By vacating the platted Common Access Easement the owner of the lot would benefit, and none of the other
owners/tenants in the development would be adversely affected.
Within Lot 3 RA are existing Utilities Easements, some of which ran through the Common Access Easement to be
vacated. These Utilities Easements would remain unchanged and only the Common Access Easement is to be vacated.
The interest of the public utilities and other utilities would not be adversely affected by vacating the easement.
The Common Access Easement is not a part of any dedicated public right of way and has not been used by the public.
The public interest and welfare would not be adversely affected by vacating the easement
Included in the Petition Packet is:
1 Application and Payment of applicable fees for processing the application $200.00.
2 Legal description and exhibit map of area to be vacated
3 This written description.
4 Abstractor's Certificate of Ownership stating the names and addresses of property adjacent to the
easement to be vacated.
5 Two sets of typed mailing labels listing the names and addresses of all adjacent property owners —
including across streets.
6 A copy of the plat on record in the county assessor's office with the owner's name and parcel
number of each adjacent property shown on a scaled up version of the map (included with the
Abstractor's Certificate of Ownership paperwork).
7 Petition to vacate the Common Access Easement
8 Copies of the written notification of all owners of property adjacent to the easement to be vacated
including copies of the certified mail receipts.
9 Comments from utilities companies were not required for this filing, as advised by Andrew Gamer
at a pre-planning meeting on Feb. 87 2006.
10 Comments from Fayetteville City Utilities, Street, and Sanitation Superintendents were not required
for this filing, as advised by Andrew Gamer at a pre-planning meeting on Feb. 8, 2006.
11 Letter from the owner of Lot 3RA, Charles Morgan III, indicating that Allen Jay Young with
Development Consultants, Inc is authorized to act on his behalf regarding the Common Access
Easement vacation.
4� ;�
Allen Jay Youlig , Development Consultants, Inc.
PETITION TO VACATE A COMMON ACCESS EASEMENT LOCATED IN LOT 3RA,
WEDINGTON PLACE ADDITION, PHASE II, CITY OF FAYETTEVILLE, ARKANSAS.
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
• I, Charles Morgan III, Petitioner, being the owner of the real estate encompassing the Common Access
Easement hereinafter sought to be abandoned and vacated, lying wholly within Lot 3RA, Wedington Place
Addition, Phase H. City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a Common
Access Easement which is described as follows:
A Common Access Easement located in the South 50 feet of the East 144 feet of Lot 3RA,
Wedington Place Addition, Phase II, to the City of Fayetteville, as recorded at Plat Book 17,
Page 77 in the office of the Circuit Clerk, Washington County, Arkansas.
The Petitioner states that the abutting real estate affected by said vacation of the Common Access Easement
are Lot 3RA, Wedington Place Addition, Phase Hand Lot 2, Wedington Place Addition, City of
Fayetteville, that the Common Access Easement is not a part of any dedicated public right of way and has
not been used by the public, and that the public interest and welfare would not be adversely affected by the
abandonment of the above described Common Access Easement.
The Petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the above described
Common Access Easement subject, however, to the platted Utility Easements which currently run through
the above described Common Access Easement, and that the above described real estate be used for it's
respective benefit and purpose as now approved by law.
The Petitioner further prays that the above described real estate be fully vested in the parent lot in which it
wholly lies, being Lot 3RA, Wedington Place Addition, Phase II, City of Fayetteville, Arkansas, as
provided by law.
WHEREFORE, the Petitioner respectfully prays that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said platted utility easements, and
that title to said real estate sought to be abandoned be vested in the owner of the parent lot in which it
wholly lies, as provided by law, and as to that particular land owner be free from the above described
Common Access Easement
Dated tthis l3 day of re l ry a r J _,20O (o
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March 15, 2006
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Attention Office of City Planning
Dear Mr. Jesse Fulcher, Planner
We, the undersigned, are writing in reference to the posted notice
regarding Wedington Place Addition VAC06-1989. Your request is to
vacate an access easement on the subject property.
Wedington Place Senior Apartment Complex consisting of 72 apartments
joins the property in question. We respectively petition to DENY
this request and•to NOT VACATE this access easement.
The traffic is heavy
and SAFE entry. The
lot is often used to
This road would be u
We feel the benefits
on Wedington Drive and no stop light for easy
partial road in place and the bank parking
shop at Harp's Market which is a vital commodity.
tilized by vehicle and pedestrians alike.
to these Seniors, is by far, of more value.
Thank you in dvance for this consideration.
�ea�a�
MaeZe tta Ramsey
Wedington Place Apartment 20.2
and ALL of the UNDERSIGNED
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his is the greater majority of the residents of
......-- -- --- - - - ed-ington Place --We have 7 vacant apartment .and
.1ome ill and in the hospital.
Planning Commission
September 23, 1996
Page: 6
Mr. Sugg expressed concern about the access, it closeness to the intersection and there was no
access shown into lots one and two.
Mr. Ray stated the access into lots one and two would be solely through the private drives, as
part of the agreement for the development for this project was that there would be no separate
curb cuts to lots one or two onto Hwy 16.
Mr. Sugg questioned the curb cuts on Steamboat Drive and Tahoe Place.
Mr. Ray stated there would be curb cuts on the streets but he did not where or how many.
Mr. Forney questioned if they would be looking at the curb cuts in more detail during the large
scale development process.
Ms. Little stated they would. She added she had just compared it to the preliminary plat and at
the preliminary level they had brought up the closeness of Steamboat Drive to the intersection
and they had stated it would require a waiver of the overlay district requirements, because under
the overlay district there could not be any curb cuts within 250' of an intersection. She
questioned Mr. Ray if he had discussed or asked for the waiver.
Mr Ray stated he had not.
Ms. Little stated the other location of the other curb cut was at the westernmost most portion of
the property. She added Steamboat was 205' from the intersection.
Ms. Hoffman question if he had received State Highway approval for the location of the curb
cuts.
Mr. Ray stated they had received that as part of the construction process.
Ms. Little stated they did not have a copy of the State Highway approval, but from past
experience with the State; they regarded each lot to have the ability to have two curb cuts, a
minimum of 40' apart.
Johnson question Mr. Ray if the present location of Steamboat and Tahoe were
Mr. Ray stated the
streets
were set and built.
He added the driveway onto Steamboat Drive from
lot two would be a
shared
driveway between
lot two and the adjacent development on lot three.
Minutes of Subdivision Committee
August 12, 1999
Page 2
LSD99-21: LARGE SCALE DEVELOPMENT
BANK OF FAYETTEVILLE, PP401
This item was submitted by Roger Trotter of Development Consultants, Inc. on behalf of Bank of
Fayetteville for property located at Lot 2, Wedington Place Addition. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 1.00 acres.
Roger Trotter was present on behalf of the request.
Committee Discussion
Conklin: This is a large scale development for the Bank of Fayetteville, they are proposing
to build a 3,372 square foot building. This will be the first project to develop within the
Wedington Place Subdivision. The project is located in the design overlay district and is subject
to commercial design standards and waiver of the overlay district requirements is requested.
Therefore, this project will have to go to the full Planning Commission. The project was first
presented to the Planning Commission on May 24, 1999. Several administrative requests were
brought forward with regard to this large scale development plan. One was a conditional use for
parking. At that time, the bank parking request was denied. It was for 22 spaces. This summer,
I have had staff research bank parking. After looking at the existing banks in Fayetteville and
looking at what has been approved in the past for banks, and what ratio should be used, I have
made a decision to use a ratio of I space per 200 square feet for banks. I do have a memo you
can put into your UD0 regarding the decision that I have made. That allows this project 21
spaces. They are showing 21 spaces on their plan so it meets that requirement. That issue has
been resolved. Another issue previously at Planning Commission was a curb cut request on
Tahoe Place. That was approved and they are showing the approved curb cut on Tahoe Place in
that location as a result. The last request was a 35 foot curb cut on Steamboat Drive less than
250 feet from the nearest intersection. The Planning Commission did not take any action on this
request. They chose to wait until this large scale development came forth. The applicant revised
the request to show a 24 foot curb cut but it is still within the less than 250 feet from Steamboat
Drive. That is one issue that we do need to discuss today. We have met with Clary
Development, the owner of the original subdivision who platted this and they are concerned
about this curb cut with their ability to allow a curb cut on the lot to the north. At the time
Wedington Place was platted, there was a 50 foot access easement and they do plan on
developing that access easement all the way across their property. We have a conceptual type
plan that they have presented to us. That is something we can share with you when you're ready
to discuss it. That's all I have. Dawn, are there any other issues?
Warrick: In regard to commercial design standards, we are still looking for calculations to
verify that 75% of the lot remains in open space in order to meet the overlay district
requirements. Also, concerning commercial design standards, we have information from Clary
Minutes of Subdivision Committee
August 12, 1999
Page 3
Development on the entire design theme that they are proposing for the Wedington Place
commercial subdivision. We feel like this development does comply with those and we'll share
those with you when you start discussion concerning commercial design standards compliance.
Cross access is an item that will need to be discussed. It's not currently being shown. There is a
request for a variance on the rear setback for the canopy over the drive through lane. That
request will need to be heard by the Board of Adjustment. That is not an item that the Planning
Commission can act on. Staff does support that request. It is listed on the plat as a variance
request. We'll need that to be resolved prior to building permit issuance. There is an assessment
that will be due for the Wedington widening project and that will be in the amount of
$14,033.25. That was calculated on the construction of half of a standard street and the applicant
was made aware that they could submit an alternate proposal for an assessment and that has not
been done. So, we're going with the half a city street calculation.
Hoffman: Is Wedington a state highway?
Conklin: Correct.
Warrick: Sidewalk will be required along Steamboat and Tahoe. They are in place on
Wedington currently.
Petrie:
The only other
thing that's
a problem -- I just want to point out again these trees
need to be
10 feet from the 18
inch water
line.
Trotter: The response from the last meeting with the trees and shrubs -- are we bending
that a little bit?
Petrie:
You can on the
shrubs as long as they understand
that if they have to come out,
the City
will not replace them.
Trotter: Correct. Okay, we can shift the trees. We neglected to do that on the drawing.
We know we can do it.
Hoffman: Do you have any comment regarding the proximity of the driveway to the
intersection. Have you all looked at that with the traffic engineer?
Petrie: The answer to your question is no. If you want my opinion, the access is far
enough from this intersection for them to meet our requirements but there is a problem with the
intersection itself. It's only 100 feet from that intersection.
Hoffman:
the same question applies
to when this cross access becomes open, we'll have
.another one a
shorter dimension between
the 2 driveways.
Is this the location of the cross
. . Minutes of Subdivision Committee
August 12, 1999
Page 4
access?
Trotter: Yes.
Hoffman: There's going to be a cross access? There's going to be a driveway on here
serving another amount of traffic?
Conklin: What is being handed out to you is what Clary Development, Inc. has given to us
as a conceptual plan of how they intend to develop the site. This plan was given to the Bank of
Fayetteville, prior to the purchase of their lot and this access easement has always been planned
between Steamboat and Colorado Drivel
Petrie: It is my understanding that if this is allowed, Clary will have to have a waiver.
Conklin: Yes. We have a distance from intersection of 250 feet from the curb cut and then
distance between curb cuts of 200 feet. Clary Development is really concerned about Planning
Commission granting this request. They want to be assured that they can have this access going
back behind this lot. This is somewhat similar to Fiesta Square with Hardee's and that bank.
You go up through Rolling Hills and up the drive and then you access that bank and Hardee's
from the access through the back. That's a similar type of design that Clary has proposed on this
development.
Hoffman: Clary is here today?
Conklin: No. There is no representative of Clary Development here today.
Ward: They're going to have another cross access back behind on that stuff, too, aren't
they? Further north?
Conklin: Yes. They have one along the front of the building along the north.
Hoffman:
Obviously traffic is
going to be our final issue. Let's
go
ahead and
hear
from
everybody
else and get everything
discussed and
then come back to
the
driveways
and
such.
Rutherford: 'On Tahoe Place and Steamboat Drive, there needs to be something on there that
says minimum 6 foot green space between the curb and the sidewalk. That green space is not
shown.
Trotter: Chuck, that is
the call I
made
to you the other day that this lot was platted prior to
that requirement but we don't
have the
full 6
feet of green space.
Minutes of Subdivision Committee
August 12, 1999
Page 5
Rutherford: On the whole frontage?
Trotter: Neither side. As you get away from the first lot and the rest of the development
beyond, .we have 6 foot. This road widens out at the end and the right of way apparently at that
time didn't provide -the 6 foot green space. We have about 3 and a half feet, I think. We used the
maximum.
Rutherford: Anyway, there needs to be something on there indicating that. Also, on your
driveway approaches, the way you have them shown is with a concrete apron. Somewhere on
there, I'd like for you to add a note that the sidewalks be continuous through the driveways.
Because on the one along.Steamboat Drive the way you have that arrow there --
Trotter: So, add a note that says sidewalk is continuous.
Rutherford: Put it on the driveway approaches on Tahoe and Steamboat.
Hoffman: Anything else? •
Rutherford: No.
Hoffman: Kim, could you give us a report on landscape?
Warrick: I don't have anything new from her from the minutes of plat review.
Hoffman: Will she be available at agenda session?
Warrick: ,
I believe so. The comments that Ron made
concerning
the water line -- there is an
18 inch water
line along Wedington. Those were her main
comments,
as well, at the plat review
meeting concerning moving those trees back off that water
line at least
10 feet. '
Hoffman: You all understand that?
Trotter: Yes, ma'am. Did you get a letter?
11 071 n . 17�'Ti'�1 Tl%
Trotter: Myself.
Hoffman: No.
Warrick: Do you have a copy of that, Roger?
Minutes of Subdivision Committee
August 12, 1999
Page 6
Trotter: I'll read the letter if that is all right.
"On behalf of the Bank of Fayetteville, we are requesting a waiver from the design
overlay district §162.21(D)(6). This section states: No curb cuts shall be allowed within
250 feet of intersections. We are requesting a 24 foot entrance/exit drive off of
Steamboat approximately 171 feet from Wedington Road as shown on your plans. Our
client feels this curb cut is imperative for traffic patterns developing and necessary for
this bank and it's drive through teller operations. We further feel this is a safe and
workable entrance/exit for this site which would grant no special privileges to the
applicant. The proposed curb cut is the most reasonable location with the bank's property
of 190 feet of frontage along Steamboat. This cut would be in a widened section of
Steamboat. There would be room for 2 cars to stack turning left into the bank thus
allowing traffic to continue north on Steamboat. This 2 car stack will provide for
adequate stacking and will function during peak traffic. There is a 50 foot common
access easement on the bank's north border and we understand from plat review that this
is the planning department's preferred access point for the bank. This would mean cars
wishing to enter the bank would make a left turn off of Steamboat and then immediately
make another left turn onto the bank's property."
We're making 2 left turns that would not function during peak traffic. In other words, it would
back up traffic on Steamboat and possibly create a conflict there.
"...Lot 8 and 3R will be developed as a grocery store and other retail. In the absence of
the proposed curb cut shown for the bank, and their access being the common access
easement, cars entering the bank will impede traffic flow for the entire development to
the north. To sum up the waiver request, we show the design overlay district regulation
requirements would place a hardship on the bank and the future development to the
north."
Hoffman: My question is this is not the plan that was presented to the Planning Commission
to do the original driveway work with. It was configured differently. I like the fact that the drive
through has been put to the back and I don't remember the specific plan from before but this
seems to me that it has better circulation.
Warrick: The only difference from the plan you saw in May and the plan that you are
seeing now is that the curb cut on Steamboat was originally shown as 35 feet wide. The rest of
the configuration was the same.
Trotter: I think it's been moved a little bit farther south to allow --
Ward: The last time we saw it, if you entered off Wedington, you had to make 4 turns to
Minutes of Subdivision Committee
August 12, 1999
Page 7
get ready to go through the drive through. You had to turn off of Wedington, turn off, turn back
in and then go back through. You had to make 4 cuts to get through the drive through. Now, it's
only I turn to get through.
Conklin: ClaryDevelopment -- I hate to speak for them. They are not opposed to the curb
cut. If you grant this one, they want to make sure they have access up there.
Hoffman: I would like you to show this dimension on the plan for the Planning Commission
meeting. We have a dimension to the intersection here shown at Wedington. Would you also
dimension into the middle of the 50 foot access easement to the north?
Ward: To me, that 250 feet curb cut was really set up on the overlay district more like on
Wedington, so there wouldn't be so many cuts along a major highway.
Odom: That's kind of what I thought.
Ward: I don't think on the side roads --
Conklin: It's set up for public streets. That's something at the Planning Commission can
look at.
Hoffman: From the way this subdivision is laid out, when we denied access to Wedington
from it„ I. think that gives us a bit more latitude to work with in the back lot lines. I am
concerned about -- I wish I had my traffic engineer's crystal ball -- I am concerned about this
being too close. How big is the grocery store going to be?
Conklin: 42,000 square feet.
Hoffman: How many vehicles per day? Do we have any estimates?
Warrick: That plan has not been submitted. We don't have that information.
Trotter: There are several accesses to the grocery store. With this bank, if we restrict this
bank access to 2 left turns, then we're impeding traffic for no reason.
Warrick: There is about 33,000 square feet of retail attached to the 42,000 square foot
grocery store that is proposed.
Hoffman: There is 1 pad site that adjoins the bank property in the other side of the access
easement?
Minutes of Subdivision Committee
August 12, 1999
Page 8
Warrick: To the north.
Conklin: That is correct.
Hoffman: But, we haven't approved that yet either.
Conklin: We met with Clary Development and they do plan on bring plans forward fairly
soon. I think these guys are working on them. .
Odom: I thought that the 250 feet rule was mainly for major arterials. I don't have a
problem with this.
Hoffman: I would like to be able to forward this one to the Planning Commission with a
recommendation attached to it for approval. I'm not making a motion. I think I want somebody
else to do that. I want to make sure that without Clary being here --
Conklin: The final plat was approved with the access easement there. I think it's a given.
They just want to clarify and make sure the Planning Commission understands that they do plan
on having a drive all the way between these 2 streets.
Hoffman: Let's make an affirmative statement in our recommendation of approval that this
action does not preclude that use that we previously granted. Then, I like the way this functions
and I think the design is nice looking. I appreciate the fact the drive throughs are to the rear. I
think it's an attractive building. We have to talk specifically about the building materials. Are
we going for a unified look in this development?
Conklin:
Yes, we are. We did discuss that with Jeff Maxwell
from Clary
Development this
week and
they submitted
elevation drawings, a material list --
Warrick: We feel like it matches the elevation that is being proposed for the bank. There
are a few common elements that they are proposing and the most obvious one is this eyebrow
type feature at entry ways.
Hoffman: Is it the same brick?
Conklin: The Bank of Fayetteville was given the materials list prior the design of this
building and it is our understanding that the materials will be similar to the list Clary provided.
Warrick: We don't have a materials list but we have elevations.
Hoffman: Let's get that, if we could, prior to the meeting so we can have that.
Minutes of Subdivision Committee
August 12, 1999
Page 9
Conklin: Clary Development has been working closely with Bank of Fayetteville and their
architects --
Odom: Make it a condition that the materials list is provided.
Trotter: Just a condition or do we need to actually --
Warrick: That can be done prior to building permit.
Hoffman:
Right.
The samples probably
aren't available but as long as
you can coordinate
and make sure
they are going to
be the
same,
I think that would be enough..
Okay?
Public Comment
None.
Further Discussion
Ward: The only thing I see on here is the cross access is not provided
Hoffman: I don't have any problem with the drive ways. I hope we're not creating a
problem with this --
Trotter: When you consider that you can turn right out of this development, the only place
yod can put a cross access is right over in here and it would be more confusing than not.
Hoffman: If you had cross access, I think you would not be able to have one of these other
driveways. I agree somewhat with what you said. If we had it up here it would be too close to
the intersection. If you put --
Trotter: You might have people trying to enter there and it would really create a problem.
Exiting might not be so bad but I don't think you need it.
Hoffman: This is one lane in and one lane out?
Conklin: Yes.
MOTION
Ward:
I
move that we approve LSD99-21 to be
forwarded to the full
Planning
Commission.
I'll
go ahead and go back over the things
that we talked about
as far as staff
Minutes of Subdivision Committee
August 12, 1999
Page 10
comments. Show the green space along both streets on the plat. Also, show the sidewalk to be
continuous. Show the trees away from the water line and give us a material list. You don't have
to bring samples but at least provide a material list. And, all other staff comments.
Odom: Second.
Hoffman: Thank you everyone.
Meeting adjourned at 9:35 a.m.
Minutes of Planning Commission Meeting
August 23, 1999
Page 23
LSD99-21: LARGE SCALE DEVELOPMENT
BANK OF FAYETTEVILLE, PP401
This item was submitted by Roger Trotter of Development Consultants, Inc. on behalf of Bank of
Fayetteville for property located at Lot 2, Wedington Place Addition. The property is zoned C-2,
Thoroughfare Commercial and contains approximately 1.00 acre.
Roger Trotter, John Alan Lewis, Gary Gartner, and Shahin Riahi were present on behalf of the
request.
Staff recommended approval subject to the following conditions:
Planning Commission determination of a waiver request from the Design Overlay District
requirements of 250 feet between an intersection and the closet curb cut, and for
minimum spacing of 200 feet between cub cuts. A cub cut is proposed approximately
150 feet north of the intersection of Wedington Drive and Steamboat Drive. An access
easement has been dedicated to provide access to this lot as well as to the lot to the north.
This easement is located approximately 60 feet north of the proposed curb cut. The
owner of the property to the north has submitted a letter requesting that any action taken
in regard to this curb cut location will not preclude him from using the dedicated access
easement for development of adjacent properties.
2. Planning Commission determination of compliance with Commercial Design Standards.
3. Request for rear setback variance must be decided by the Board of Adjustment. The
applicant shall submit the property application and materials in order to have this request
placed on an upcoming agenda. This must be resolved prior to the issuance of a building
permit for this project.
(This item was removed because the setback variance issue was resolved and all fees
were refunded.)
4. Payment of $14,033.25 (for 225 feet of road frontage times 14 feet in width times $4.455
per square foot) towards the Wedington widening project.
5. All Plat Review and Subdivision comments.
6. Staff approval of final detailed plans, specifications and calculations for grading,
drainage, water, sewer, fire protection, streets, sidewalks, parking lots.and tree
preservation. The information submitted for the plat review process was reviewed for
general concept only. All public improvements are subject to additional review and
Minutes of Planning Commission Meeting
August 23, 1999
Page 24
approval. All improvements shall comply with the City's current requirements.
Large scale development approval is valid for one calendar year.
8: Prior to the issuance of a building permit the following are required: grading and drainage
permits and completion of all required improvements or the placement of a surety with
the City as required by §158.01. Al! improvements necessary to serve the site and protect
public safety must be completed, not just guaranteed, prior to the issuance of a Certificate
of Occupancy.
Commission Discussion
Johnson: There is a waiver that the Commission must deal with asking for waiving of the
requirement of 250 feet between and intersection and the nearest curb cut and the distance we are
looking at this curb cut is 150 feet north of the intersection of Wedington and Steamboat.
Commercial Design Standards apply to this development and this large scale would have to be
found in compliance. There are setback variances that would have to approved by the Board of
Adjustment. Let me ask whether the applicant has seen these conditions of approval and whether
or not the applicant has agreed to all 8 of the conditions of approval.
Trotter: We agreed with items 2 through 8.
Johnson: Let me turn to the staff and see what you have to tell us about anything we need to
know on this particular large scale.
Conklin: Condition number 3 can be removed. They do not need a variance from the north
setback. That is considered a side setback under C-2 zoning reducing that requirement to 0.
That's a correction. This is a proposal for a 3,372 square foot branch bank facility located in
Wedington Place. Staff feels -the curb cut distance will not be problem. Clary Development, Inc.
wanted to make sure that the 50 foot access easement to the north of this site will allow them to
have a drive that will connect across the back of those lots to provide access to those businesses,
that granting this curb cut will not prevent them from providing that common access drive on the
north side of this lot. Staff does recommend approval.
Johnson: Do you have anything to add, Mr. Trotter?
Trotter: You have the drawing in front of you and we're simply asking for a waiver from
the 250 foot distance required by the design overlay district. If there are any questions, I'll be
happy to answer.
Johnson: Thank you, very much. Are there any questions for Mr. Trotter?
Minutes of Planning Commission Meeting
August 23, 1999
Page 25
Hoffman: I can go ahead and brief you on the subdivision committee. We found this
parking lot and driveway plan better than what was previously submitted to us. We questioned
the city's traffic engineer who also agreed with that point. We found specifically that the
commercial design standards had been met. I think you have some elevations in your packet that
do show a triangular shaped building in the brick and that is going to be a part of the unified
development design for the center. We talked about that. I do have a question for Dawn. Do we
have Kim Hesse's landscaping approval? , We did not get that at agenda session. Has she
approved a landscaping plan for this development? -
Warrick: She requested revisions at the plat review meeting which are reflected in this plan.
She required that the trees along Wedington Drive be moved further away from the water line
that runs adjacent to the street.
Hoffman: Have you made those changes?
Trotter: Yes.
Hoffman: I think we were willing to be compensatory in the lot limitations because in the
original plat, the condition had denied access to Wedington from the front lots.
IM1311183 1
Hoffman: I'll move approval of LSD99-21.
Odom: Second.
.Johnson: We have the motion by Commissioner Hoffman, seconded by Commissioner
Odom to approve LSD99-2 1.
Public Comment
None
Roll Call
Upon roll call, the motion passed with a unanimous vote of 9-0-0.
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files
Clarice Pearman - Ord. 4855, 4856, 4859, 4860 & 4861 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Date: 4.21.06 3:30PM
Subject: Ord. 4855, 4856, 4859, 4860 & 4861
Jeremy,
Attached is a copy of the above ordinances passed by City Council, April 18, 2006.
Have a good weekend.
Thanks.
Clarice
CC: Audit; GIS
13
NORTHWEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION -
I, Maria Attaway, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4861
Was inserted in the Regular Editions:
April26, 2006 I ORDINANCE NO: 4861.4.
AN ORDINANCE APPROVING VAC 06-1989 SUB r
MFTTEDBY ALLEN JAY YOUNG FOR PROPERLY
LOCATED AT LOT 3RA WEDINGTON
Publication Charge: $130.31
Subscribed ar
Thi�/ day of
Notary Public
.to before me
Sharlene D: Williarr
Notary Public
My Commission Expires: State of Arkansas
My Commission Exp
October 18, 2014
**NOTE** Please do not pay from
Invoice will be sent.
P
EASE
.y.
TION, PHASE 3; VACATING THE ACCESS EASE .. J V\,I. eY111C
I MENTOFFOFSTEAMBOATDRIVE.
ARKANSAS
WHEREAS, the City Council has the authority 'A 3fl`[r S •i 'T - IJ
under A.C.A. 04 to vacate public grounds or ponious thereof which are net required for cor-
porate purposes; es; and end - -
WNEREAS, the City Council has determined Mal the following described portion of the platted
access easement is not required for corporate purposes.
NOW, THEREFORE, DE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City' of Fayetteville, Arkansas hereby vacates and abandons
the following described access easement: 4
See Exhibit'Aattached hereto and made a part hereof.
Section 2:•That a popydf this Ordinance duty ceftitied by the City Cletk along with the map nchbd
hereto and labeled Exhiblt'8' shall be filed In the office of the Recorder of the County and record-
ed In the Deed Records of the County.
on 3: That this vacation approval Is subject to the conditions of approval listed In the staff
Planning COmYssion recd, 1endations for the City of Fayetteville, and shall not be in
an conditions are met therein.
PASSED and APPROVED this 18th day of April, 2006. -
APPROVED: ATTEST:
By: By:
DAN GOODY, Mayor SONDNA SMITH, CNy Clerk
EXHIBIT'A'
VAC 06-1989
A COMMON ACCESS EASEMENT LOCATED IN THE SOUTH
LOT 3RA, WEDINGTON PLACE ADDITION, PHASE II. T(
RECORDED AT PLAT BOOK 17. PAGE 77 IN THE OFFICE OF
COUNTY, ARKANSAS.
a map and may be viewed in the Office of the City Clerk during normal business I
RECEIVED
APR 2 8 2006
CITY
IT'OCLERK'S OFFICrt
I'I