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HomeMy WebLinkAbout2016-03-14 - Agendas - Final CITY OF % I-1 ! LY il 4 AGENDA U. TayARKANSAS Final Agenda Planning Commission Meeting March 14, 2016 5:30 PM City Hall Room 326 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the February 22, 2016 meeting. 2. VAC 16-5324: Vacation (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the NE CORNER OF DRAKE AND MCCONNELL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.97 acres. The request is to vacate portions of a utility easement. Planner: Andrew Garner 3.VAC 16-5322: Vacation (2011 W. FOXGLOVE DR./CRAIN VOLKSWAGON, 286): Submitted by CRAFTON TULL, INC. for properties located at 2011 W FOXGLOVE DR. The properties are zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 4.79 acres. The request is to vacate portions of access and utility easements. Planner: Andrew Garner 4. VAC 16-5323: Vacation (4030 N. COLLEGE AVE./WHATABURGER, 135): Submitted by CRAFTON TULL, INC. for properties located at 4030 N. COLLEGE AVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain approximately 1.99 acres. The request is to vacate portions of a utility easement. Planner: Quin Thompson 5. ADM 16-5376 Administrative Item (LINKS AT FAYETTEVILLE PHASE 2 LSD EXT., 400): Submitted by LINDSEY MANAGEMENT COMPANY for property located at NORTH OF WEDINGTON AND EAST OF RUPPLE ROAD. The property is zoned LINKS AT FAYETTEVILLE R-PZD 07-2452 and contains approximately 19.83 acres. The request is to extend a previously approved large scale development for the Links at Fayetteville Phase 2 (LSD 14-4940). Planner: Andrew Garner Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 6. ADM 16-5355: Administrative Item (SW OF PERSIMMON & 54111 STREETS/LEGACY POINTE SD, PH 5-A, 475): Submitted by BATES & ASSOCIATES, INC. for properties located SW OF PERSIMMON AND 54T11 STREETS. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 7.20 acres. The request is for a fee in lieu of improvements to the Dot Tipton lift station as required in PPL 13-4404. Planner: Andrew Garner 7. CCP 15-5252: Concurrent Plat (SE CORNER OF BROYLES AVE. & PERSIMMON ST./ CROSS KEYS NORTH SUBDIVISION, 560): Submitted by JORGENSEN &ASSOCIATES, INC. for property located at the SE CORNER OF BROYLES AVE. & PERSIMMON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 17.07 acres. The request is for a 13 lot single family subdivision. Planner: Andrew Garner Old Business 8. ADM 16-5340 Administrative Item (UDC CHAPTER 164.19 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapter 164.19 (Accessory Dwelling Units) of the Fayetteville City Code. Planner: Andrew Garner New Business 9. CUP 16-5316: Conditional Use (4201 N. SHILOH DR./TEMPORARY CARNIVAL - NWA MALL PARKING LOT, 134): Submitted by PRIDE AMUSEMENTS, INC. for property located at 4201 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 105.46 acres. The request is for a temporary carnival in the parking lot. Planner: Quin Thompson 10. CUP 16-5337: Conditional Use (2907 E. JOYCE BLVD, STE. 7/POSH EVENTS, 177): Submitted by ULANDA TERRY for property located at 2907 E. JOYCE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, and contains approximately 2.15 acres. The request is for Use Unit 4 (Cultural & Recreational Facilities), a party event room in a C-1 zoned district. Planner: Andrew Garner 11. CUP 16-5334: Conditional Use (1921 N. OLD WIRE RD./BORN BARN, 369): Submitted by JACOB BORN for property located at 1921 N. OLD WIRE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 6.83 acres. The request is for an accessory structure with no primary structure. Planner: Quin Thompson 12. CUP 15-5278: Conditional Use (2518 N. CROSSOVER RD./CROSSFIT COMMENCE, 294): Submitted by JODY HENDRIX for property located at 2518 N. CROSSOVER RD. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, and contains approximately 1.26 acres. The request is for a crossfit gym, Use Unit 4 (Cultural & Recreational Facilities). Planner: Quin Thompson 13. CUP 16-5330: Conditional Use (426 W. LAWSON ST./BRANCH COMMUNICATION CELL TOWER, 406): Submitted by BRANCH SERVICES, INC. for property located at 426 W. LAWSON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.69 acres. The request is for a wireless communication facility. Planner: Quin Thompson 2 The following items have been approved administratively by staff Announcements Officer Nominating Committee (William Chesser, Ron Autry, and Janet Selby)will provide a list of nominees for consideration by the Planning Commission members. Election of officers will take place March 28, 2016. 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. 3 CITY OF • 41%! Ile MINUTES TayA — 1 RKANSAS Planning Commission February 22, 2016 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, Jonathan Ely— Development & Construction Manager, Blake Pennington —Asst. City Attorney, and Kit Williams —City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch In Attendance: Sarah Bunch, William Chesser, Kyle Cook, Janet Selby, Thomas Brown, Matthew Hoffman, Ron Autry, Ryan Noble, and Tracy Hoskins. Absent: Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Corey Granderson and Kit Williams 2. Consent Agenda: Approval of the minutes from the February 8, 2016 meeting. CCP 16-5314: Concurrent Plat (SW OF PERSIMMON & MTN. RANCH BLVDS./PARK HILL AT MTN. RANCH SD, 479): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at the SW CORNER OF PERSIMMON & MTN. RANCH BLVDS. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 1.80 acres. The request is to re-plat 13 existing lots into 10 lots. ADM 16-5341 Administrative Item (3447 N. HWY 112/FELLOWSHIP CHURCH LSP EXT., 208): Submitted by ENGINEERING SERVICES, INC. for property located at 3447 N. HWY. 112. The property is zoned CS, COMMUNITY SERVICES and contains approximately 25.96 acres. The request is to extend a previously approved lot split (LSP 14-4280). Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. M Planning Commission Mailing Address: March 14,2016 113 W. Mountain Street www.fayettev lleA�,EMRXItem 1 Fayetteville, AR 72701 2-22-2016 Minutes Page 1 of 7 3. Old Business: ADM 16-5319 Administrative Item (UDC CHAPTERS 166,172,177 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapters 166.24, Non-residential Design Standards, 172.04, Parking Lot Design Standards, and various sections within Chapter 177, Landscape Regulations of the Fayetteville City Code to allow developments to build pedestrian-oriented frontages in certain circumstances, to clarify street tree planting requirements, and to clarify the parking lot design standards in urban zoning districts. Andrew Garner, City Planning Director, gave the staff report. Alderman Matthew Petty was present for questions. No public comment was presented. Motion: Commissioner Chesser made a motion to forward ADM 16-5319 to the City Council with conditions as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 4. New Business: LSD 16-5313: Large Scale Development (NE OF W. DRAKE ST. & N. MCCONNELL AVE./NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located NE OF W. DRAKE ST. & N. MCCONNELL AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 3.55 acres. The request is for a 19,500 square foot gym with associated parking. Quin Thompson, Planner, read the staff report. Dennis Nelms, Developer, said that the project must be a regional attraction in order to be successful. Audy Lack, Developer's Architect, said that the building design was based on appropriate materials and expression of the building use. He said he felt variance of the Commercial Design Standards was appropriate in this case, saying the building would have articulation, and horizontal and vertical sections of metal cladding. William Chesser, Commissioner, said the project meets intent of the design standards. He added that perhaps the standards were over broad. Kit Williams, City Attorney, said the ordinance was not up for discussion by the Planning Commission, but rather that was the place of the City Council. Chesser responded that as a Planning Commissioner, he was saying publicly that the Commercial Design Standards should be considered for amendment. Planning Commission March 14,2016 Age2a Item 1 2-22-2016 Minutes Page 2 of 7 Tracy Hoskins, Commissioner, discussed comments made during the Subdivision Committee meeting. Sarah Bunch, Chair, said that in her opinion the articulation was adequate, the colors and quality of design were good. Tom Brown, Commissioner, noted that the plans and elevations did not match. Lack said that the project design process was ongoing, with the project continuing to evolve. He added that the current renderings were the current design. Motion: Commissioner Chesser made a motion to approve LSD 16-5313 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-0-2. Commissioners Autry and Hoffman recused. VAR 16-5342: Variance Item (423 W. PRAIRIE ST./PRAIRIE ST. APTS., 523): Submitted by THE INFILL GROUP, INC. for property located at 423 W. PRAIRIE ST. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.22 acres. The request is for a variance to parking lot green space and DDOD requirements. Quin Thompson, Planner, read the staff report. Matthew Petty, Developer, discussed reasoning for the variance requests. Matthew Hoffman, Commissioner, said that in his opinion the glazing met the spirit and intent of the ordinance, adding that it was like the Champs-Elysees, a better pedestrian environment. Tracy Hoskins, Commissioner, said that he appreciated the design standards, but felt that not everyone would want 80% glazing. He said that this was an excellent opportunity to allow a variance. He added that he prefers less regulation,which in his opinion stifles design. Hoffman said he was in favor of the regulations, saying he is a member of a profession that has destroyed countless city streets with `great Architectural ideas'. Kyle Cook, Commissioner, said he supports both variances, finding that they are appropriate in this location. Motion: Commissioner Cook made a motion to approve VAR 16-5342 with conditions as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-1. Commissioner Chesser recused. CUP 16-5306: Conditional Use (113 & 115 W. ILA ST./ANDERSON, 445): Submitted by BARBARA ANDERSON for property located at 113 & 115 W. ILA ST. The property is zoned Planning Commission MarchJ4,2016 Agenda Item 1 2-22-2016 Minutes Page 3 of 7 RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 0.17 acres. The request is to classify an existing duplex as a conforming use. Jesse Fulcher, Senior Planner, gave the staff report. Barbara Anderson, applicant, was present for questions. No public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 16-5306 with conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 16-5305: Conditional Use (1640 S. HANSHEW RD./LINDSEY, 596): Submitted by WILLIAM LINDSEY for property located at 1640 S. HANSHEW RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 2.94 acres. The request is for an accessory structure larger than 50% of the primary structure. Quin Thompson, Planner, read the staff report. Kit Williams, City Attorney, said that although he thought the conditions were very nice ideas, he did want to caution the Commission against involving the City in landowner disputes. He added that the City already regulates what can and cannot be burned, that litter is not allowed, and that the location of driveways may involve considerations that the Commission is not aware of. William Lindsey, Applicant, said that he had spoken to the property owner, Ms. Moorman, and that they had reached an understanding. He indicated that she had been made comfortable with the proposal. William Chesser, Commissioner, said that the request was similar to other Conditional Uses the Commission had approved in the past. Matthew Hoffman, Commissioner, asked in which zone this use would not be a problem. Andrew Garner, City Planning Director, said that R-A, residential-agricultural allows these types of uses, where RSF-4 does not. Motion: Commissioner Chesser made a motion to approve CUP 16-5305 striking condition#3, and agreeing with all other conditions. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. CUP 16-5318: Conditional Use (346 N. ROLLSTON AVE./THE SPORN CO., 484): Submitted by BRITTNI WILES for property located at 346 N. ROLLSTON AVE. The Planning Commission March 14,2016 Agenda Item 1 2-22-2016 Minutes Page 4 of 7 property is zoned NC, NEIGHBORHOOD CONSERVATION, and contains approximately 0.23 acres. The request is for Use Unit 12 (Limited Business) in an NC zoned district. Quin Thompson, Planner, read the staff report. Brittni Wiles, Applicant, said that the office staff do park vehicles in the gravel parking area at the rear of the building, as well as in Rollston Street when parking is available. She said that the office has a quiet, home-based feel. Stephen Smith, Neighbor, said that he lives next door and has no complaints, that the business is a good neighbor. He said he does question what this kind of use may mean for the neighborhood in the future, noting that several homes in the area has transitioned from single-family to rental property in recent years. He asked if the CUP was valid for the applicant company or would transfer with the property. Thompson said that the use stayed with the property, but would need Planning Commission approval in order to expand. Andrew Garner, City Planning Director, said that in this case the CUP would be valid only for the Sporn Co as recommended in Condition of Approval #1. Kit Williams, City Attorney, recommended adding a Condition of Approval prohibiting signs on the house. Ron Autry, Commissioner, said that the business seemed compatible to him. Matthew Hoffman, Commissioner, said he had concerns about applicants `auditioning' conditional uses for several months before seeking a CUP to operate legally. William Chesser, Commissioner, said the use seemed less `intensive' to him that the residential use that is allowed by right. Motion: Commissioner Chesser made a motion to approve CUP 16-5318 striking #4 and replacing it with the statement that signs are not permitted as proposed by the applicant. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. RZN 16-5310: Rezone (1564 E. HUNTSVILLE RDJZWEIG PROPERTIES, 526): Submitted by ALAN REID AND ASSOCIATES, INC. for property at 1564 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.46 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Quin Thompson, Planner, read the staff report. Alan Reid, Applicant, said the agreed with staff comments. He noted the age of the building and around 20 different uses he has seen in the building over time. Planning Commission MarchJ4,2016 Agenda Item 1 2-22-2016 Minutes Page 5 of 7 Richard Austin, Neighbor, said he has lived nearby for 30 years, and never had a problem other than how close the building is to his property. He said the building typically houses 20- 30 squirrels and asked the Planning Commission to consider that zoning has effects on everyone around the property. Matthew Hoffman, Commissioner, said that his 0.46 acre lots exposes a gap in our zoning code, allowing moderately intense uses in this kind of setting. Tom Brown, Commissioner, asked if staff had discussed the NS zoning with the applicant. Thompson said he had not, that the request was submitted for the requested CS zone. Andrew Garner, City Planning Director, said that the NS zone would not be appropriate since it capped business area at 3,000 square feet and the building exceeds that maximum. William Chesser, Commissioner, said the request seemed reasonable. Motion: Commissioner Chesser made a motion to forward RZN 16-5310 with recommended approval by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. ADM 16-5340 Administrative Item (UDC CHAPTER 164.19 AMENDMENTS): Submitted by ALDERMAN MATTHEW PETTY AND CITY STAFF for an ordinance to amend UDC Chapter 164.19 (Accessory Dwelling Units) of the Fayetteville City Code. Andrew Garner, City Planning Director, gave the staff report. Alderman Matthew Petty discussed the background of the ADU code and reasons for the requested changes. He agreed with staff's recommendations. Commissioner Hoskins asked about changing the minimum square footage number. As far as bedrooms go I think we should add it to two. 600 square feet ain't much. I would like to see it go up to 1,000 SF. No public comment was presented. Commissioner Hoffman said we need to take another look at the 600 SF number. It does get very difficult to fit what a contemporary client wants to fit in one of these 600 SF. Charlestown has a lot of these types of places. Some of the best, coolest places are those carriage places. Another approach might be to raising the square footage. If it was a 600 SF foot print you could. Alderman Mathew Petty said he would be in favor of striking the paragraph completely. It is clear that the current standard is too small. I can put any number of rooms in a structure. I think if you are concerned with not having any limitation at all you might refer it back to the size of the principal dwelling. Planning Commission Marchd4,2016 Agenda Item 1 2-22-2016 Minutes Page 6 of 7 Commissioner Hoffman said he would hate to tie this to the main dwelling. A lot of times people do these accessory dwellings because there existing dwelling is not big enough. Commissioner Chesser discussed that we typically allow accessory structures to be half the size of the principal dwelling. I would like that maybe we would potentially table this. I like the idea of this being larger and allowing more bedrooms. Alderman Petty asked to send your comments to the planning division. Kit Williams, City Attorney, discussed a previous decision that denied an accessory dwelling unit in the historic district. Commissioner Cook discussed that the previous decision was denied primarily because of the height being too tall. Commissioner Hoskins asked about adding a new structure to an existing house and connecting it with a breezeway to get around the ADU ordinance. Garner discussed how certain types of structures and additions to homes are classified in terms of an accessory dwelling unit or a duplex. Motion: Commissioner Chesser made a motion to table ADM 16-5340 until next meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. 5. Reports: No reports 6. Announcements: Officer Nominating Committee Appointment Chairman Sarah Bunch announced a nominating committee with the following commissioners: Chesser, Autry, and Selby 7. Adjournment Time: 7:15 PM 8. Submitted by: City Planning Division Planning Commission March�14,2016 Agenda Item 1 2-22-2016 Minutes Page 7 of 7 CITY OF Tay lie PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: March 14, 2016 SUBJECT: VAC 16-5324: Vacation (NE CORNER OF DRAKE & MCCONNELL/NELMS CLIMBING GYM, 248): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at the NE CORNER OF DRAKE AND MCCONNELL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.97 acres. The request is to vacate portions of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 16-5324 with conditions of approval. BACKGROUND: The subject property is an undeveloped parcel located at the northeast corner of Drake Street and McConnell Avenue and contains approximately 3.55 acres in the C-2 zoning district. Surrounding land use and zoning is depicted on Table 1. On February 22, 2016 the Planning Commission approved LSD 16-5313 for the Nelms Climbing gym on the site for a new 19,500 sq. ft. building and parking lot. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Interstate 49 N/A South UARK/Agricultural R-A, Residential-Agricultural East Commercial Retail C-2,Thoroughfare Commercial West Equipment Rental C-2,Thoroughfare Commercial , Proposal: The applicant proposes vacation of a portion of utility easement to allow for development of the previously approved Nelms Climbing Gym (LSD 16=5313). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: illy fission Mailing Address: March 14,2016 113 W. Mountain Street wwwJayetteville-ak#wa Item 2 Fayetteville, Alt 72701 16-5324 Climbing Gym Page 1 of 14 Utility Response Cox Communications No objections AEP/SWEPCO No objections Source Gas No objections AT&T No objections Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections with conditions Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 16-5324 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The existing waterline to be cut and capped and hydrant removed per the approved plans at the owner/developer's expense. Planning Commission Action: O Approved O Forwarded O Denied Meeting Date: March 14, 2016 Motion: Second: Vote: l BUDGET/STAFF IMPACT: None. ,attachments: ■ Request Letter ■ Petition to Vacate ■ Utility Approvals ■ Easement Vacation Exhibit ■ One Mile Map ■ Close Up Map Planning Commission March 14,2016 G:\ETC\Development Services Review\2016\Develop ment Review\16-5324 VAC NE Corner of Drake&McConnell Agenda Item 2 (Nelms Climbing Gym)248\03 Planning Commission\03-14-2016\Comments and Redlines 16-5324 Climbing Gym Page 2 of 14 124 W Sunbndge Drive.Suite AillMlllk U��U�����U�����U� Payetteville,AR 72703 ~"��n���u�n�~�u�o� off jCs4rn.4*2.9u7 +���/�/`| &T�� �m4��sa�um ' `.'~... --.. . . __ Januoryl4,2D16 City ofFayetteville 113VVMountain Fayetteville,AR. 72701 Art: Planning Re, U.E.Vacation(NK4cConna|Ave.) Attached please find information pertaining to a vacation of a utility easement Eastcfthe North end of McConnell Ave. ApnopooedbuHdinQisp|onnodandwewou)6UketmvucatethiseasementoMardnewatadineio abandoned. Please place this onthe Planning commission agenda. Thank you. Sincerely; Planning Commission March 14.zu1n Agenda Item z 1n-5oz4Climbing Gym Page am14 PETITION PETITION TO VACATE A UTILITY EASEMENT EAST OF NORTH McCONNEL AVENUE,CITY OF FAYETTEVILLE,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 Utility Easement hereinafter sought to be abandoned and vacated, lying in the City of Fayetteville,Arkansas,a municipal corporation, petition to vacate said Utility Easement which is described as follows: (SEE ATTACHMENT—EXHIBIT'A') That the abutting real estate affected by said abandonment would not be adversely affected by this abandonment. The petitioners request that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, subject, however,to the existing utility easements and sewer easements 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 request that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully request 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 public for the use of said Utility Easement. Dated this 3 day of Printed Name Signature Printed Name Signature Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 4 of 14 UTILITY APPROVAL FORNI FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 01/15/2016 UTILITY COMPANY: AT&T APPLICANT NAME: APPLICANT PHONE: �t-^t-2 REQUESTED VACATION{upplicanttnusl check al I that apply): DAA �o�IrI�-tl�-rs Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley Street right-cif-way I have been notified of the petition to vacate the following(alley,easement ,right-of-wary),described as follows: General location/Address Z t I"„ !�� ¢ �L ¢1✓ rya e- n, _ -- [� (ATTACH legal description and graphic representatlnfl of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. i No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) :'k No objections provided the following conditions are met: 1f any AT&T farjIiti ro Pirced to hp rtzln/.afPd nr PrP damaclad Will be the �5 wf_Utility Company Representative MGR OSP Ping & Engrg Design Title Dee,m.$e 2014 Page Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 5 of 14 UTILITY APPROVAL.FORM FOR RIGuT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 1115/2016 UTILI'T'Y COMPANY-. Cox Communications APPLICANT NAME: pn 1 V E MS APPLICANT PRONE:n 44'2. {lZ,—/ REQUESTED VACATION(applicant most check gg thatapply): l)Avr-- Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. J Alley C street right-of-way I have been notified of the petition to vacate the following(alley,easement,right-of imy),described as follows: General location/Address �1 129 EST D D E � 1' F + I$ (ATTACH legalidescriplion ant graphicreproentationn of what k fielagv4qcated4URyEY) UTILITY COMPANY CO1vIl 4ENTS: is No objeOlons to the vacation(s)described above,and no comments. Cl 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: We have lines close to the proposed vacated section that are not shown on the survey.An !jainage to or relocation of our eXiSltinr,lines will beak the oweners deW PerSINU2035C. Si eture of Utility Company Representative Planning_&Constrti_ction hia ag r Title December 2014 Page S Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 6 of 14 UTfI.M APPROVAL,FORM FOR RIGST-OF-WAY,ALLEY,AND UTI XfV EASEMENT VACATIONS DATE: 01/15/2010 IJTII.TTYCOWANY: SourcoGas µ A PPI,ICANT NAME: _. ,-LCL APPLICANT PHONE: REQUESTED VACATION(applleaml must check all that appl3;l: J)PO � +1 Utility Easement V&-of-way for alley or streets and all u0ty easements located within the vacated riga-Of-WAY. u Alley 0 Street tw&-of--way I have been notified of the petition to vacate the following(allry,easetne4 fight-of-way),described as follows: General location I Address Z oO I !9 Amt" � RTY•l �- �r a F t}� (ATTACH legal desaiptivn f grap*k represeWatlon of what is being v8cate ITRYEPJ UTILr1 Y COMPANY CON NTS: No objections to the vacation(s)described above,and no comments. L� No objections to the vacation(s)described abov.provided following described easements are retained. (State the location,dimensions,and purpose below.) ❑ No objections provided the following conditions are met: Siguxtuie-of[Jtft Company Rcpreserr0ve ,r Title r Demmber2014 Page S Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 7 of 14 UTMITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 1-15-2016 U'i UTY COMPANY: Ozarks Electric APPI ICANT NAME: PLICANT PHONE: REQUESTED VACATION(applicant must check all that apply): y 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 Z d t 16 EJ�r i+I��- L C e- J �Acriel � i (ATTACH legal description and graphic representation of what is being vacated-SURVEY} UTILITY COMPANY COMMENTS: No objections to the v.cation(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 fiallowing conditions are met: ;'gnats of tjd iL Company Representative Lead Staking Tech Title December 21114 Page S Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 8 of 14 ITT.ILITY"PROVAL FORM FOR RIGHT--OF-WAY,ALLEY:Alia# UTILITY EASEME,NT VACATIONS HATE: U`I`I.Llnr COMPANY- APPLICANT NAlti2E: ,_ 1Ln�1ti1 -M5 _APPL)CAN I PHONE: 912-1 " REQUESTED VACATION(applicant merit check all that apply): Utility Easement Dight-of-vvay for alley or streets and all utility easements located Wabin the vacated right-of way. u Alley Street right-of-gray I have been,notified of the petition to vacate the following(altey,easement,right-of-way),described as follows: General location f Address u r l T" f 9 Qr 1 F m �� . (ATTACH legal description ca)yri graphic repressntatiora aj what is beitag vacated4URY_'19 UTILITY COI VANY CONI WEI�ITS: ' No abjections to the vacation(s)described above,and no comments. No objections to the vacatior,(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) Pio objections Provided the following conditions are met-- iso 7 Sigttaturs c f Utility Company Representative 4 _sw'��r%'i .f��:i{vet!f�Fl�,✓1l^'d=`+t-. Title f)zcenr�er3l�1� Frage S Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 9 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: -�0- l6 UTILITY COMPANY: APPLICANT NAME: APPLICANT 1'11E3NE: REQUESTED VACATION(applicant must check all that apply): D 'A Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-o€-way. Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley,easeinew,right-of-way),described as follows: General location/Address -1—eq t 12e EA—S—,7 fg 1= L[ 1ti°t G n i (ATTACHlegal descriptionand 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.) _i No objections provided the following conditions are met: ! "S" ,G SignatW ofU CompanyRepresentative Title �— December 2014 Page S Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 10 of 14 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE- UTILI7YCOrPANY: APPLICANT NAME: Ll�l1 = — --. ---.APPI ICANT PHONE: 2-- R JZ 7 REQUESTED VACATION(nppllccmt nwrat check cel that apply): DAtE 'j Utility Easement L7 Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley 0 Streetright-of-way I havo been notified of the petition to vacate the follawing(alley,easement,,right-of-way),described as follows: General location/Address Q�_� A,r NLIIP- �_LEE&- OF l� (ATTACH legal description 01 grapple representation of what is being vacated-SURYEI) UTILITY COMPANY COMMENTS; 0 No objections to the vacations)described above,and no comments. Cl No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No abjeetions provided the followinrz.conditions are met: Signature o wlity t'ontP;sfty tsrctieiylcilire ZQ ,�,, r✓ Titlo December 2014 Page 5 Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 11 of 14 LEGAL DESCRIPTION: EASEMENT TO BE VACATED �9 COMMENCING AT THE SE CORNER OF THE AMP SE 1/4, NE 1/4 OF SECTION 33, T-17-N, WST 818.38 FEET, " 1'69 OF A a THENCE NORTH 30R-30-W THENCE . 001, 00 FEET, THENCE S88°17'56'W 151.57 FEET, THENCE N78°20'42'W 38.71 FEET, THENCE N69011'16"W 37.21 FEET, THENCE ANTD R/W i N52°00'45'W 40.53 FEET, THENCE AHTO JOB"4tk-•� i N36°22'04'W 38.27 FEET TO THE POINT i OF BEGINNING, THENCE N25°41'08'W 39.42 FEET, THENCE NO2°20'01"E 225.75 FEET, "' i�0•ab g3' 35 WATER/SEWER LINE EASEMENT BOON 972,PAGE 993 THENCE N6742'05'E 27.50 FEET, THENCE r 302020'01"E 230.97 FEET, THENCE u� S25°41'08'E 30.85 FEET, THENCE S58°58'24'W 25.11 FEET TO THE POINT OF LINE BEARING DISTANCE BEGINNING, CONTAINING 6,587 SQUARE Ll N78`20'42`77 38.71' FEET. L2 N69°11'16"W 37.2.1' ; a L3 N5r00'45"W 40.53' 4+= L4 N36'22'04"W 38.27' L5 N25'41108"W 39.42' LEGEND L6 N67"42'05"E 27.50' s( it L7S25'41'fl8"E 3Q.85' x CALCULATED POINT q ' p L8 558'58'24"W 75.11' • FOUND IRON PIN r , m SEWER MANHOLE FIRE HYDRANT A. �',: a9TkATER7SEWEi7 LINE EASEMENT • FOUND IRON PIN ' BOON 882,PAGE 973 YAC 79Y`>, (TO BE VACATED) POWER POLE w"® WATER METER GAS METER TELEPHONE PEDESTAL CABLE PEDESTAL UTILITY EASEMENT FENCE P'0.an..l c� � WATER LINE - `"tt,."\ 2S'Wd7ERISFWER LINE EASEMENT SEWER LINE Exss _ BOOK 882•PAGE 973 _LASLINE _ O�TRHEADELECTRIC s Msl'a4'S37Y �; •.- w— ASPHALT was Ld'S9'W !il.37• 7716A�y LST IIOP-$505'.. ��, •.. EASEMENT VACATION J^�� C �I�C Al 124 W Sunbridge Drive, Suite 5 L/�J G 1 �1 `1� Fayetteville, AR 72703 Off+ASSOCIATES FFaxI 479 582.4807 7 124 WEST SUNBRIDGE,SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479)442-9127 FAX(479)582-4807 SCALE: 1"=100' DATE REVISED CHECKED BY: DRAWN BY: PMM DATE: 12-8-15 DLJ ZALSM2014020WE-ABANDON EASEMENT VACATION EXHIE31T' � ' j • Planning Commission March 14,2016 Agenda Item 2 16-5324 Climbing Gym Page 12 of 14 VAC 16-5324 NELMS CLIMBING GYM One Mile View q" z AVAL N n mp iU qa C- O =EY LN W O I 2 AKI At O i RSF- O # '. SALEM D.--..,, - . CS DRR ~ PRIVAT,i 1 ALL. 3359 t CIR -4f RPZD k LU c7 RSF-4 RNIF-12 3 Z CIO C-2 ' KA G PSUMIr LN ¢ TRUCKERS D P V- Q� 00 Ix S tV k i ER SUBJECT PROPERTY G NIKE DR Hp4 CPZD - Y03 ►�� 3, 11-0 C, w EL °G z °�,Play 'pQ i Rs' l !� .' ERSO m DRAKE ST ul a q- P NST in w W P LUF p 67D ST D r-MEADE ST ¢ R y �M O ✓ w Gn 3 o w m a N LIVE w OAK D m{PRINCE ST O w a 2 MOO ` P R CASSATTST a CA55ATT RIVATE LORI DR MOOR M LORE? 2569 > STRANGE DR o O STRANGE DR Z REYNOLDS S iT Q v z ox C9 � REY CJS QUAIL" CL FU KNAPp Q O DR J Z64Z ST �'tU 4 KNAP T = W15IE S5 ��_ DOVEI Q ¢ r- w P N ZE U LU 1 : DR W H sOLOH DR o m m ¢ z Q >N ^ ofg < YO TTDR tY N (n m it 5�2 k e: - z w 4k, GARRE DR C7 SAUTER a¢ 12 11"' RRETT©R a �GARRETT LN4 R-A w �� z -Q uj I- PRIVAT ELM a ELQ Z w 2117 >- ST PRi, r j> U)j u =a u�< f: U f+ n PRIV 7 c r,L L)w W RTL4 tt Z? L"Mora ¢> Overview Legend ® VAC 6-5324 Design Overlay Subject Property �c,-=,� y District Boundary Planping Area N51 tteville .� 0 0.25 0.5 1 41es Planning Co mission March 114,2016 Agenda Item 2 16-5324 Climbing Gym Page 13 of 14 VAC16-5324 NELMS CLIMBING GYM Close Up View �L F 66 P SUBJECT PROPERTY C-2 DRAKE ST w Legend W Z Shared-Use Paved Trail 0 R-A U ........ Neighborhood/Park Trail ruve,Vie►nNaturaI Surface Tr ail 01 VAC 16-5324 - - - Fayetteville City Li nits Footprints 2010 Design Overlay Di >trict 0 37 5 75 150 225 300 ------ Planning Area Feet Planning Commission March 14, 2016 ftyulldd m2 16-5324 Climbing Gym Page 14 of 14 CITY OF 7a, p 4 -Il 4 PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: March 14, 2016 SUBJECT: VAC 16-5322: Vacation (2011 W. FOXGLOVE DR./CRAIN VOLKSWAGON, 286): Submitted by CRAFTON TULL, INC. for properties located at 2011 W FOXGLOVE DR. The properties are zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 4.79 acres. The request is to vacate portions of access and utility easements. RECOMMENDATION: Staff recommends forwarding VAC 16-5322 with conditions of approval. BACKGROUND: The subject property consists of three undeveloped parcels on Foxglove Drive that are zoned C- PZD, being part of the Springwoods Commercial Planned District. The property contains approximately 4.76 acres of primarily cleared fields with a platted tree preservation area located on the southern portion of the property. The property is located within the 1-540 Design Overlay District which applies only to signage. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Undeveloped Springwoods C-PZD South Undeveloped Springwoods C-PZD East Crain Automotive Springwoods C-PZD West Undeveloped Springwoods C-PZD Proposal: The applicant proposes vacate access and utility easements to allow for development of the previously approved Crain Volkswagon (LSD 15-5275). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: Planning Commission 113 W. Mountain Street www.fayetteville ftuW4,2016 Fayetteville, AR 72701 16-5322 C ain VW Page 1 of 16 Utility Response Cox Communications No objections AEP/SWEPCO 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 16-5322 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission Action: ❑ Approved 0 Forwarded 0 Denied Meeting Date: March 14, 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 March 14,2016 G:\ETC\Development Services Review\2016\Development Review\16-5322 VAC 2011 W.Foxglove Dr. (Crain VW)286\ Agenda Item 3 03 Planning Commission\03-14-2016\Comments and Redlines 16-5322 Crain VW Page 2 of 16 901 N 47th Street,Suite 200 Rogers,AR 72756 Crafton Tu I I 479 636 4838(ph) architecture I engineering I surveying 479.631 6224(fax) January 11, 2016 Planning Division City of Fayetteville 125 W.Mountain Street Fayetteville, AR 72701 Re: LSD 15-5275 Crain Volkswagen Easement Vacation Requests Fayetteville, AR CTA Job No. 15105900 This is the letter for the formal Easement Vacation Requests for the proposed Crain Volkswagen car dealership. The project is located at 2011 W. Foxglove Drive, due west of the Crain Hyundai. A vacation of an existing 20' utility easement along the eastern boundary is requested for this project. City of Fayetteville code prohibits the construction of retaining walls within utility easements. It is required to abandon the full width of the easement anywhere retaining wall is located. A vacation of an existing 28' access easement on the western boundary of the site is also requested. The proposed building is positioned on top of this existing access easement. The existing driveway that will be removed currently straddles a property line. The proposed driveway is approximately 50' north of the existing driveway. Please see the attached legal descriptions and exhibits for details. Should you have any questions or require any additional information, please feel free to contact us at your convenience. Sincerely, Crafton Tull 1� Ronald Watkins, Jr.,E.I. Project Engineer ion 016 Agenda Item 3 16-5322 Crain VW Page 3 of 16 PETITION FOR EASEMENT VACATION PETITION TO VACATE AN EASEMENT LOCATED IN LOTS 15, 16 AND 19 OF THE FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION,OF FAYETTEVILLE,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 Lots 15, 16 and 19 of the Final Plat of Meadow Field Commercial Subdivision, City of Fayetteville,Arkansas,a municipal corporation, petition to vacate an easement which is described as follows: LEGAL DESCRIPTION FOR PORTION OF A 20' EASEMENT TO BE VACATED A PART OF AN EXISTING 20' EASEMENT TO BE VACATED, BEING PART OF LOTS 15, 16 AND 19 OF THE FINAL PLAT OF MEADOW FIELD COMMERCIAL SUBDIVISION, IN FAYETTEVILLE,ARKANSAS AS SHOWN ON FINAL PLAT 0023-00000234 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 16;THENCE SOUTH 02°26'52" WEST A DISTANCE OF 43.29 FEET;THENCE NORTH 87°33'08"WEST A DISTANCE OF 20.00 FEET;THENCE NORTH 2°32'26" EAST A DISTANCE OF 231.89 FEET;THENCE NORTH 00°33'51" EAST A DISTANCE OF 140.58 FEET;THENCE SOUTH 89°05'36" EAST A DISTANCE OF 20.00 FEET;THENCE SOUTH 00°34'07"WEST A DISTANCE OF 141.12 FEET;THENCE SOUTH 02°33'43"WEST A DISTANCE OF 188.60 FEET TO THE POINT OF BEGINNING. CONTAINING 0.17 ACRES MORE OR LESS OR 7445.75 SQ. FT.. That the abutting real estate affected by said abandonment of the easement are Lots 14, 17 and 18 of the Final Plat of Meadow Field Commercial 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 easement. 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 easements 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 Planning Commission March 14,2016 Agenda Item 3 16-5322 Crain VW Page 4 of 16 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 alley. (Dated this—= —day of $1F a , 2016. Chris 'Cr Printed Name Signature Printed Name Signature Planning Commission March 14,2016 Agenda Item 3 16-5322 Crain VW Page 5 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 02-03-2016 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: Chris Crain APPLICANT PHONE: (501) 470-7001 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/Address 2011 W. Foxglove Drive, due west of Crain Hyundai ® (ATTACH legal description and graphic representation of what is being vacated-SURVEY) UT TY 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 provided the following conditions are met: ,2� effv-'-� Signator f Utility Company Rep sentative r l c Title December 2014 Page 5 Planning Commission March 14,2016 Agenda Item 3 16-5322 Crain VW Page 6 of 16