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Home My WebLink About2007-07-09 - Agendas - FinalTEayeUevtlle 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, June 25, 2007, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Public Comment D. Presentation of request — Applicant E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2007 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo rye'Ficylle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, July 9, 2007, 5:30 p.m. DISTRICT COURT BUILDING, NW CORNER BLOCK & ROCK STREET Sustainable Planning Presentation — John Coleman, Sustainability Coordinator — Agenda Session Only The following items will be considered: Consent: 1. Approval of the minutes from the June 25, 2007 Planning Commission meeting. 2. ADM 07-2659 (PINES AT SPRINGWOODS, 286): Submitted by H2 Engineering for property located north of Moore Lane and east of Deane Solomon Road. The property has been approved for LSD 06-1974 Arbors at Springwoods. The applicant requests project phasing for the Arbors at Springwoods development. The proposal would allow for final certificates of occupancy to be approved for a portion of the development prior to the entire development being completed. Planner: Andrew Garner 3. ADM 07-2658 (CRYSTAL SPRINGS IV EXTENSION). Submitted by Milholland Engineering for the Crystal Springs IV Subdivision located at the north end of Raven Lane. The applicant requests a one year extension to the approved preliminary plat (PPL 06-1977) Planner: Andrew Garner 4. VAC 07-2638: VACATION (ESTES, 332): Submitted by PETER (TRIPP) AND BRANDY ESTES for property located at 2350 BIG OAKS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acres. The request is to vacate a portion of a drainage easement on the subject property. Planner: Jesse Fulcher 5. VAC 07-2639: VACATION (FOUR SEASONS SUNROOMS/BOSS, 397): Submitted by BILL BOSS/ FOUR SEASONS SUNROOMS for property located at 5608 RELIANCE. The property is zoned RT -12, RESIDENTIAL TWO & THREE FAMILY and contains approximately 0.87 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Andrew Garner Old Business: 6. CUP 07-2622: Conditional Use Permit (FRANKLIN, 401): Submitted by ANGELA FRANKLIN for property located at 1656 N. TIMBERCREST AVENUE. The property is zoned RT -12, RESIDENTIAL TWO & THREE FAMILY and contains approximately 0.14 acres. The request is for a Home Occupation/Child Care in the RT -12 Zoning District. Planner: Jesse Fulcher THE APPLICANT HAS WITHDRAWN THIS REQUEST. 7. LSD 07-2574: Large Scale Development (LIBERTY BANK OF ARKANSAS, 175): Submitted by CRAFTON, TULL, SPARKS & ASSOCIATES for property located at THE NW CORNER OF JOYCE BLVD AND VANTAGE DR. The property is zoned R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.68 acres. The request is for a 21,613 s.f. bank with associated parking. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED TO JULY 23, 2007. New Business: 8. CUP 07-2641: CONDITIONAL USE PERMIT (WILKINS, 406): Submitted by ROGER E WILKINS for property located at 427 PATRICIA. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.24 acres. The request is to allow a duplex in the RSF-4 Zoning District. Planner: Jesse Fulcher 9. VAC 07-2640: VACATION (BARTHOLOMEW-OZARK TRAIL R -O -W, 495): Submitted by R.F. BARTHOLOMEW for property located at THE EAST DEAD-END OF OZARK TRAIL. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.259 acres. The request is to vacate the portion of Ozark Trail that dead ends on the applicant's property. Planner: Jesse Fulcher 10. R-PZD 07-2613: Planned Zoning District (HOLCOMB HEIGHTS PHASE II, 245): Submitted by TODD JACOBS APPIAN CENTER FOR DESIGN for property located at E OF RUPPLE ROAD, W OF PHASE I. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.77 acres. The request is for Phase II of a Residential Planned Zoning District with 36 single family lots proposed. Planner: Jesse Fulcher 11. R-PZD 07-2578: Planned Zoning District (BAILEY MEADOWS, 755): Submitted by RODNEY R. & NANCY K. PAYNE for property located WEST OF SCHOOL AVENUE AND NORTH OF BAILEY DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.86 acres. The request is for a Residential Planned Zoning District for re -zoning, land use, and lot split approval to create a total of 4 single family lots of 2.94, 0.24, 0.39, and 0.28 acres and associated rural residential uses. Planner: Andrew Garner 12. RZN 07-2637: REZONING (STARKS, 563): Submitted by WILLARD AND KAREN STARKS for property located at 504 E. 15TH STREET. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.63 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Andrew Garner 13. RZN 07-2636: REZONING (OZARKS ELECTRIC COOPERATIVE, 440): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located at 3641 WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL AND R -O, RESIDENTIAL OFFICE and contains approximately 44.36 acres. The request is to rezone the subject property to I-1, Heavy Commercial/Light Industrial. Planner: Andrew Garner 14. ADM 07-2625: (Master Street Plan Update): Submitted by Planning Staff, recommending amendments to and adoption of the Master Street Plan for the City of Fayetteville. All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 3, 2007 PC Meeting of July 9, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2659 (PINES AT SPRINGWOODS, 286): Submitted by H2 Engineering for property located north of Moore Lane and east of Deane Solomon Road. The property has been approved for LSD 06-1974 Arbors at Springwoods. The applicant requests project phasing for the Arbors at Springwoods development. The proposal would allow for final certificates of occupancy to be approved for a portion of the development prior to the entire development being completed. Property Owner: Epcon Communities of Northwest Arkansas Planner: Andrew Garner BACKGROUND Project Description: The project site contains approximately 25.24 acres located in west Fayetteville, north of Moore Lane and east of Deane Solomon Road. The approved Large Scale Development for this site consists of the construction of 122 multi -family dwelling units. Background: The original Large Scale Development (LSD 06-1974) for the project was approved on April 24, 2006. Proposal: The applicant requests approval to modify LSD 06-1974 to include a phase line as indicated on the attached plan. The request is to phase the project and enable the owners to gain certificates of occupancy for 46 residences and the club house in the western portion of the site adjacent to Deane Solomon Road. They propose to have sufficient infrastructure installed to support these units with water, sewer, and storm water. They also propose to phase the street improvements to construct those to Deane Solomon Road only with this phase, and improvements to Moore Lane would be constructed with the second phase. The applicant proposes a temporary construction entrance/emergency access to be constructed to Moore Lane as indicated on the submitted site plan. Unless project phasing is approved, final certificates of occupancy may not be obtained until the entire project is complete. July 9, 2007 Planning Commission ADM 07-2659 Pines at Springwoods Agenda Item 2 Page 1 of 6 RECOMMENDATION Planning Staff recommends approval of ADM 07-2659, the requested phasing of the LSD 06-1974, with the following conditions: 1. Sufficient infrastructure including water, sewer, and storm water to support this phase of development shall be approved by the City Engineering Division prior to Final Certificates of Occupancy for Phase I. 2. The street improvements required along the project's Deane Solomon Road frontage shall be constructed and approved by City Engineering Division prior to Final Certificates of Occupancy for Phase I. 3. The Fire Department shall determine that adequate emergency access is provided to Phase I of the development prior to Final Certificates of Occupancy. 4. All other conditions of approval for the project shall remain applicable. PLANNING COMMISSION ACTION: Required YES ❑ Approved ❑ Denied Date: July 9, 2007 Comments: The CONDITIONS OF APPROVAL listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: July 9, 2007 Planning Commission ADM 07-2659 Pines at Springwoods Agenda Item 2 Page 2 of 6 ENGINEERINC, INC. June 27, 2007 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: REQUEST FOR PHASING OF THE PINES AT SPRINGWOODS LSD ATTN: JEREMY PATE Mr. Pate, Please consider this correspondence as an official request to amend the approved large scale development, originally called The Arbors at Springwoods, now called The Pines at Springwoods, to include a phase line as indicated on the attached plan. The request to phase the project will enable our clients to gain certificates of occupancy for 46 residences and the club house. Sufficient infrastructure has been installed to support these units with water and sewer, control storm water runoff, and provide proper access for the fire department and the solid waste department. We are requesting that this item be presented to the Planning Commission for their approval. We would like to be put on the July 9`h Agenda. Thank you for your assistance in this matter. Sincerely, Thomas A Hennelly, P.E. President July 9, 2007 Planning Commission 2758 Millennium Drive Suite 1 Fayetteville, Arkansas 72703 Phone: 479.582.42Y4MPth$547M5gZ9204)ods Agenda Item 2 Page 3 of 6 July 9, 2007 Commission Springwoods genda Item 2 Page 4 of 6 o ; _� J THE PINES a, P-= ej 0I annir 2 flips2 aq AT SPRINGWOODS w LARGE SCALE DEVELOPMENT'' July 9, 2007 Commission Springwoods genda Item 2 Page 4 of 6 LSD06-1974 Close Up View THE ARBORS AT SPRINGWOODS SUBJECT PROPERTY Legend ya000 0000 Overlay — FL00DWAY -- 500 YEAR m — 100 YEAR --- LIMIT OF STUDY - - - Baseline Profile O Fayetteville Outside City Ma LSDO6-1974 ;a vector GDB.Footpnnt 2004 175 350 700 1,050 1,400 Fe July 9, 2007 Planning Commission ADM 07-2659 Pines at Springwoods Agenda Item 2 Page 5 of 6 LSD06-1974 One Mile View THE ARBORS AT SPRINGWOODS SUBJECT PROPERTY) DRAK T PRlYAT. C s!RANGE GR } LJSTRANG _ o - C INApP ST 4115 RMF -24 RSF4j HECK A\E5 C. - RMF -24 DEANS RSFA R5F4 R5F4 RSF.4 RT - tp-4 C2i RM 24 Overview Legend Subject Property effi LSD06-1974 Boundary Planning Area y000% 000 no Overlay District I Outside City Legend 0 0.128.25 0.5 0.75 1 July 9, 2007 Planning Commissio ADM 07-2659 Pines at Springwooc MilesMilesAgenda Item 2 Page 6 of 6 5 ay,. u ARKANSA THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: July 3, 2007 PC Meeting of July 9, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2658 (CRYSTAL SPRINGS IV EXTENSION). Submitted by Milhollhand Engineering for the Crystal Springs IV Subdivision located at the north end of Raven Lane. The applicant requests a one year extension to the approved preliminary plat (PPL 06-1977). Property Owner: Crystal Springs Limited Partnership Planner: Andrew Garner BACKGROUND Project Description: The subject property contains approximately 85.18 acres located north of Bird Haven Terrace, north of Mount Comfort Road. This property is zoned RSF-4. A preliminary plat (PPL 06-1977) was approved to create a 273 single-family lot subdivision (with an additional un - buildable lot), a density of 3.2 units per acre, within six phases of development. A bridge connection was proposed to Raven Lane within Crystal Springs Phase III, the cost and construction was the burden of the developer. A master plan of the overall Crystal Springs development, including this property, has been in place since the early 1990s. This developer, with the initial phase of Crystal Springs, donated land for parks and schools in this area. Background: The original Preliminary Plat (PPL 06-1977) for the project was approved by the City Council on June 20, 2006. The applicant has applied, but not obtained construction approval within the one year requirement. The applicant's letter stated that construction of the project has been delayed due to a mis-perception of how the Raven Road crossing over Clabber Creek would be handled. Proposal: The applicant requests to extend the approval of the Preliminary Plat for one year, to expire on June 20, 2008. Should this extension be granted, all permits are required to be issued before the one-year extended deadline. If the permits are not issued prior to June 20, 2008, all of the approved plans for the project shall be rendered null and void. RECOMMENDATION Planning Staff recommends approval of ADM 07-2658, the requested extension to the PPL 07-2658, with the following conditions: K: Reports120071PC Reports107-09-0744DM 07-2658 (Crustal Springs IV Extension).doc July 9, 2007 Planning Commission ADM 07-2658 Crystal Springs IV Extension Agenda Item 3 Page 1 of 6 1. The applicant shall be allowed until June 20, 2008 to receive all permits and approvals required to start construction of the development of the project. If all permits have not been received by this time, the Preliminary Plat approval shall be revoked. 2. All other conditions of approval for the project shall remain applicable. 3. Street trees are required to be planted in accordance with Chapter 177 of the Unified Development Code with one large species shade tree per lot. A street tree planting plan shall be submitted to the Urban Forester for review and approval prior to final plat. PLANNING COMMISSION ACTION: Required YES ❑ Approved ❑ Denied Date: July 9, 2007 Comments: The CONDITIONS OF APPROVAL listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: DISCUSSION The City of Fayetteville Unified Development Code (UDC) Section 166.20(b) gives the Planning Commission authority to extend approval of a preliminary plat one additional year from the original approval. In order to extend this approval, the applicant must: (1) request the extention prior to the one year time limit, and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted, it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted the extension request to the Planning Division on February 12, 2007, prior to the one year time limit ending on June 18, 2007. (2) The applicant has been working this past year to fulfill the conditions of approval for this project and proceed with construction, and has submitted constructio plans to the City Engineering Division for review. However, the applicant stated in their submittal letter that there was a misperception of how the Raven Road crossing over Clabber Creek was to be handled, which caused delay. An ordinance amendment adopting a landscaping ordinance has been adopted since the Planning Commission approval of this project on June 20, 2006. Appropriate conditions have been added to ensure compliance with this new ordinance requirement. The UDC allows a three year period from the date of issuance of a building permit to the receipt of a final Certificate of Occupancy. K:IReports120071PCReports107-09-071ADM 07-2658 (Crystal Springs IV Extension).doc July 9, 2007 Planning Commission ADM 07-2658 Crystal Springs IV Extension Agenda Item 3 Page 2 of 6 CHAPTER 166: DEVELOPMENT 166.20 Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (i) 'Preliminary pla#s (2) Planned zoning district developments; (3) (4) (5) (6) (7) Conditional uses; Large-scale developments; Lot splits; Physical alteration of land permits; Storm water, drainage, and erosion control permits; (8) Tree preservation plans; (9) Sign permits; and, (10) Floodplain development permits. (B) One-year time limit. (1) Tasks to be completed. All of the above - enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive a building permit; and/or, (b) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (c) Receive a Certificate of Zoning Compliance; and/or, (d) Receive all permits and approvals required by City, State, and Federal regulations to start construction of the development or project. (2) Extensions. Prior to the expiration of the one (1) year time limit, an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. (C) Three-year time limit. (1) Tasks to be complete. All of the above - enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a Building Permit. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a Building Permit or during an allowed extension period, all of the above - enumerated plans and permits shall be rendered null and void. K: IReports120071PC Reparts107-09-071ADM 07-2658 (Crystal Springs /V Extensionjdoc July 9, 2007 Planning Commission ADM 07-2658 Crystal Springs IV Extension Agenda Item 3 Page 3 of 6 mai e Gnyiwae rn, &Suwey;eg Melvin L. Milholland, PE, PLS Thomas M. Jefcoat, RLA, REM, CPESC, ISA -CA RESISTRATIONS: PE: AR MO; PLS: AR RLA:AR June 18, 2007 Project No. E-640 FAYETTEVILLE 125 West Mountain Street Fayetteville, Arkansas 72701 ATTN: Jeremy Pate, Planning Division Matt Casey, Engineering Division RE: Crystal Springs, Phase IV — Construction Extension Request Dear Jeremy and Matt: This correspondence is to request an extension of time (one year) to start construction of the referenced project. Approval of this project was granted by the City Council at its June 20th, 2006, meeting. Construction plans for this project have been submitted to the City's Engineering Division, to Glenn Newman, for approval review processing. The construction plans for development of the subdivision was submitted to Glenn on May 29th for approval review. Engineering Design Associates of Springdale is submitting plans for the crossing of Cabbler Creek, Raven Road, separately. Our clients, the Edwards, will start construction of this project immediately upon obtaining all approvals. I believe that this project would have already been underway, except for the fact that there was a miss -perception of who and how the crossing was to be handled. Your approval of this request is appreciated. Should you have any questions, please call me. I look forward to receiving notification of your approval of this request. Sincerel Mir' ,y'►o„4//thiiiiwr Thomas Jefco.t, ASLA Senior Projects Manager cc: Greg and Joe Edwards. July 9, 2007 Planning Commission 205 West Center St, Fayetteville, AR 72701; phone (479) 443-4724; fax: 44`.§x}72658 Crystal Springs IV Extension Agenda Item 3 e-mail: MCOengr(a�swbelimet; web: www..mcoengccom Page 4 of 6 Close llp View CRYSTAL SPRINGS IV SmiI ®®esuerig ®we Legend ®0000° Overlay District — FLOODWAY -- 500 YEAR — 100 YEAR -- UMIT OF STUDY - - - Baseline Profile 0 Fayetteville Outside City PPLO6-1977 vector.G0B.Footprint 2000 0 200 400 800 1,200 1,600 Feet July 9, 2007 Planning Commission 7-2658 Crystal Springs IV Extension Agenda Item 3 Page 5 of 6 TTI Ipgw.A Overview Legend Subject Property PPL96-1977 Boundary r`....0 Planning Area 09, 200008 0 o Overlay District oOutside City 0 0.129.25 0.5 Legend 0.75 July 9, 2007 Planning Commiss on Q -2658 Crystal Springs IV Extens on Miles Agenda Item 3 Page 6 cf 6 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of July 09, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: July 2, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2638: (ESTES, 332): Submitted by PETER (TRIPP) AND BRANDY ESTES for property located at 2350 BIG OAKS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acres. The request is to vacate a portion of a drainage easement on the subject property. Planner: JESSE FULCHER Findings: Property Description: The subject property is located at 2350 Big Oaks Drive and is zoned RSF-4. The property was platted as part of East Oaks Addition Phase II with a 55' drainage easement along the east property line. Request: The applicant requests vacating a portion of the 55' drainage easement to allow for an expansion to the east side of the residence. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. Southwestern Electric Power Company Not applicable. All other existing utility easements shall remain. Arkansas Western Gas No Objections. All other existing utility easements shall remain. Southwestern Bell Telephone No Objections. All other existing utility easements shall remain. K:\Reports\2007\PC Reports\07-09-07\VAC 07-2638 (Estes_2350 Big Oaks D ive).doc July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 1 of 20 Relocation of any existing facilities shall be at the owner/developers expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. The 12.5' sewer easement shall remain. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: The adjacent property owners have indicated no objections to the proposed drainage easement vacation. Recommendation: Staff recommends forwarding (VAC 07-2638) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1. The proposed easement vacation shall apply to the drainage easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: July 09, 2007 Motion: Second: Vote: Comments: K:\Reports\2007\PC Reports\07-09-07\VAC 07-2638 (Estes_2350 Big Oaks Drive).doc July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 2 of 20 PETER G. ESTES, SR. (1916-1990) PETER G. ES I'ES, JR. J. DOUGLAS GRAMLINGt PETER G. ESTES UI AMY ESTES TURNER* *ALSO ADMITTED IN WASHINGTON tALSO ADMITTED IN MISSOURI ESTES, GRAMLING & ESTES, PLC Attorneys at Law P.O. DRAWER 3883 19 EAST DICKSON STREET. FAYETTEVILLE, ARKANSAS 72702-3883 W ILITER' S DIRECT EMAIL: TESTES ' AR COM May 22, 2007 Re: Description of Request for Vacation of Easement TELEPHONE: (479)521-4444. FAX: (479) 521-6730 E-MAIL:eeg@nwarkcam OFFICE MANAGER: LAURA G. HOBBS Recently it has come to our attention that a drainage easement extends Fifty -Five (55) feet from the back property line of our residential lot in Phase Two (2) of East Oaks Subdivision. During the process of looking into building onto our house at 2350 Big Oaks in Fayetteville, we have run into a snag in that our proposed build would cross over into this easement. we have talked to Jesse Fulcher in the Planning Department and he referred us to Perry at Transportation, who has stated that he had no problem vacating this easement to the back fence line of our property. We request at this time that the drainage easement recorded on the Plat of Phase Two (2) East Oaks Subdivsion be vacated to the back fence line of the property. Legal Description for the area to be vacated is as follows: A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Comer of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet to the North line of said lot; thence N89°3P15"E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29'16"E 15.25 feet, S35°36'54"E 27.58 feet, S01°28'25"W 4.56 feet, S44°37'16"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00°36'05"E 37.43 feet along said West line to the point ofbeginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, Thank you for your consideration. Sincerel 0_ e2,0m6 li 'randy Estes July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 3 of 20 PETITION TO VACATE DRAINAGE EASEMENT LOCATED IN LOT 6, BLOCK 10, EAST OAKS SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS The Fayetteville City Planning Commission and the Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 6, Block 10, Phase II, East Oaks Subdivision, Fayetteville, Arkansas, a Municipal Corporation, petition to vacate an easement which is described as follows: A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Comer of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet to the North line of said lot; thence N89°31 '15"E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29'16"E 15.25 feet, S35°36'54"E 27.58 feet, S01°28'25"W 4.56 feet, S44°37'16"E 28.70 feet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00°36'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, That the abutting real estate affected by said abandonment of the Drainage easement is as follows: Lot 2, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 3, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 7, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 5, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas. Lot 1, Block 12, East Oaks Subdivision, City of Fayetteville, Arkansas. The City of Fayetteville declared a 55 foot easement for drainage purposes on said real property; however, neither the City of Fayetteville nor its citizens would be adversely affected by the abandonment of the portion of the above described easement. The petitioners request this vacation for the purpose of completing additional improvements on the real property that would encroach on the current 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 benefits and purpose as now approved by law. July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 4 of 20 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 utilities 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 the particular land, the owners be free from the easements of the public for the use of said alley. Dated this , 2007. Pet- T Estes, III Brandy Estes July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 5 of 20 EXHIBIT "A" DRAINAGE EASEMENT DESCRIPTION FOR ABANDONMENT A of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being more particularly described as follows: Beginning at a point that is S89°43'01 "W 12:50 feet from the Southeast Corner of said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet to the North line of said lot; thence N89°31'15"E 15.74 feet along said North line; thence leaving said North line and running to and along a wooden fence line the following: S14°29'16"E 1525 feet, S35°36'54"E 27.58 feet, S01°28'25"W 4.56 feet, S44°37'16"E 28.7Ofeet to the West line of a 12.5 foot wide City of Fayetteville utility easement; thence leaving said fence line and running S00°36'05"E 37.43 feet along said West line to the point of beginning, containing 0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas, July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 6 of 20 DRAINAGE EASEMENT ABANDONMENT for TRIPP & BRANDY ESTES N 89'31'15 139.98' xxxxx>1X - p '+ti,>9.M�i''Di�i�•••41 �.4 �.�.�.��ifr �312.V utility eoseme �� .��V.i��.�.,..�4 S !i wi ' i • w 0 (n 5 89'43'01" 140.0 Lot 6 in Block 10 of the Bast Oaks Subdivision, Phase II. J It x44.20 -i JENKINS SURVEYING, INGPIammiln Eomm 125 E.TOWNSFRP STE. 8 81 7-2638'Cs#@s FAYETTEVILLE, AR 92]01 .l�/,� PHONE(4]9)445-690] LOGnapB�Ia)I�lim' FAX JOB Nt ge b MAY -29-2007 TUE 09:50 AM P. 03 FROM ESTES & GRAMLING ) (FROMAY 25 2007 16' Sl.1 ;t-/Nu.o)so4oicco r 4 ITY APPROVAL FORM FOR RIGHT. OF- WAY, ALLEY, ANI) UT ITV EASEMENT VACATIONS DATE: 5/22/07 UTILITY COMPANY: Ozark Electric APPLICANT NAME: Peter and Brandy Latex. Husband and Wife APPLICANT PHONE: 479-521.4444 REQUESTED VACATION (applkato rats[ chock all that apply): X Utility Easement Right-of-way for alloy or streets and all utility easements located within the vacated right- of- way. Alley Street right -of --way I have been notified ofthe petition to vacate the following (alley, easement, right -of --way), described os Pollowa: Central location / Address (referring to rttached document- must be completed") 703 e. (ATTACH legal description gyjgraphk representation of what is being vacated-SURVEYI UTILITY COMPANY COMMENTS: 0 objections to the vacation(s) deacr bed above. • No objection to the vaeation(3) donor bed above, provided following described easements ere retained. (State the location, dimensions, and Putpoae below.) Sc. j44LLG 41 • No objections provided the following conditions are met: OZA£l(5 Fd.cerei Sif ne of ti ty Company Representative 1 -ea cY Sfg krn..l jC eziev Tide July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 8 of 20 3/2007 16:46 4798720174 ESTES & GRRMLING DATE: 5/22/07 COX CONSTRUCTION PAGE 02/02 (FR])MAY 25 2007 ' )1/ST.16:U0/NO.bssh4bltfl k 'r UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Cox Communications APPLICANT NAME: Peter and Brandy Estes, Husband and Wife APPLICANT PHONE: 479-:521-4444 REQUESTED VACATION (applicant oust rheek all that apply): X Utility Easement Right -of --way for alley or streets and all utility easements loomed within the vacated right- of- way. - Alley Street right-of-way I have been notified of the petition to note the following (alley, easement, right -of --way), describei as follows: General location / Address (referring to attached ('l document. must be completed") 4.1 1 a �55 . fre, bb V AIC i fL I (ATTACH legal description a l graphic representation of what is being vacated-317bl VESYV Set Aka) I TTLITY COMPANY COMMENTS: 0No objections to die vacatioa(s) uescribed above. ▪ No objections to the vaoation(s) described above, provided following described easements are retained. (State due location, dimensions, and purpose below) • No objeetioaa provided the following conditions are met: 27'7ie Signature of Utility Company Representative i Sc r. Title / July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 9 of. 20 FROMay. 29. 2007A 8: 52AM DATE: 5/22/07 (FRUMPY 25 2007 1 fi;D5/ST. 1 iNo_ 2886 63 P_ .21223 P 2 UTILITY APPROVAL FORM FO RIGHT- OF- WAY, ALLEY, AND .I Y EASEMENT VACATIONS TTCIT,ITY COMPANY: AEP/ SWEPCO APPLICANT NAME: Peter and Brandy Estes, Husband and Wife APPLICANT PHONE: 479-521.4444 REQUESTED VACATION (applicant use aheck that 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 or the petition to voc to the following (alley, easement, right-of-way), described as follows: General location r Address (retorting to attached document- must be completed**) rrtr{k ,I /f, AR. ->7' a3 at 5O Utq a (ATTACH legal deser/ption UTILITY COMPANY COMMENTS: • No objections to the vaeattion(s) des • 'bed above. 6No objections to the vacation(s) de: • ribcd above, provided following described casements ate retained. (State the location, dimensions, and ;Angus below.) d graphic representation of what is being vacated -SUR v219 SCc. .4 Hatt Ltd / Afrbrinj st tbiA i5 Eine /hp}" gni ala --<.0a911 / Lamtp ,grid 1%Z�s' 4 ')i pAretant» ,� rte 4.gf1 • No objecfiomsptodvided theSollo condition's acre met: a.) S : tate of 'lit C say Kepresen : tive r Title July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 10 of 20 6- 4-07; 4:08PM;AWG D spa ch Fay. AR ;4795828258 # 2/ 5 Arkansas Western Gas I Company A subsidiary of Southwestern Energy Company UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Monday, June 4, 2007 UTILITY COMPANY: Arkansas Western Gas APPLICANT NAME: Peter andBrandyEstes, Husband and Wife APPLICANT PHONE: 479-521-4444 REQUESTED VACATION: Q Street 0 Utility Easement Street and all the utility easements located within the vacated street fJ Right-of-way for alley or street fl Right-of-way for alleys or streets and all utility easements located within the vacated right-of-way 0 Alley Alley and all utility easements located within the vacated alley I have been notified of the petition to partially vacate the following Description described as follows: Utility Easement (Please see list above) See attached drainage easement description for abandonment for a part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II. UTILITY COMPANY COMMENTS: El No objections to the vacates described above. 0 No objections to the vacates described above, provided following described easements are retained. Please state the location, dimensions, and purpose below. Utility easements along the Northern and Eastern portion of Lot 6 will be retained due to the fact Arkansas Western Gas has an existing distribution line located in these areas. Fayetteville Assistant Operating Manager Title July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 11 of 20 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5/22/07 UTILITY COMPANY: South Western Bell Telephone Company APPLICANT NAME: Peter and Brandy Estes. Husband and Wife APPLICANT PHONE: 479.5214444 REQUESTED VACATION (applicant mast 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, ercrranent. nghr-of-way), described as follows: General location / Address (refening to attached document must be completed"r) :. -413S0 Btci o4k5 /f AkerCi (1°- AR 7n� ',l (AIIAClllegal descrgn on gnigraphic representation of what is being vacated -SURVEY) SCP—Mrittoi UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described en:emeats are retained. (State the location, dimensions, and purpose below.) 2- ' u. e P. LorJG NO Rrf4 P NEACT PRoPervbities Awb 3' US Au 1\101 Sou l4 Mfr( Lip, RaLE)CiAlIord oP pinSy axis -0/4o, FAC�I�ITIES 11\) lu, t% 0TNEOcOrLi e R&JS� e • No objections provided the o owing conditions are met. Signature of Utility Company Representative Title d 65£656V99b'ON/I k t'ZS/I July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 12 of 20 LO .fi '9 (NOW) WOH3 05/30/2007 WED 11:01 FAX 479 684 4730 WATER & SEWER 001 FROM ESTES & GRAMLING (FRI)MAY 25 2007 02/ST.16:01/N0.6335461222 P 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5/22/07 UTILITY COMPANY: City of Fayetteville, Water and Sewer Division APPLICANT NAME: Peter and Brandy Estes, Husband and Wife APPLICANT PHONE: 479-521-4444 REQUESTED VACATION (applicant must check Withal apply) X Utility Easement • Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ry 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 (referring to attached documtent- must be completed") LS 5'0 et,' 04& 1C7cW,re /e Z2>0 (A77}4CH legal description ,aa graphic representation of what is being vacated -SURVEY) SCc A144.oI •• UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are its red. (State the location, dimensions, and purpose below) No objections provided the following conditionsaie met a , S-\\ Yuen jar � a s avwN� i s ra-co . �.ec a ppe.r.rs ko ho� fix. ipArks„ Oc l� t< L- Qo z1Jln t+' L vtks So Gbr.tn ut • Signature of Utility CompanYRepresentattve l aw2. szu.AA-- DpS Tide July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 13 of 20 05/30/2007 14:35 FAX 4794443490 DATE: 5/22/07 COF TRANSPORTATION DIMS f� 002 RT n l 40 VIS r i6:16/ST 16:15/N0, 6335461226 P 2 U l t jfl APPROVAL FORM FOR GET. OF. WAY, ALLEY, AND LT 1 EASEMENT VACATIONS UTILITY COMPANY: Ci ofPa -vii e T ortationDivision APPLICANT NAME: Petei end Brandy sem, Husband and Wife APPLICANT PHONE: 474-521444 REQUESTED VACATION (applicant SI check g(jthat app(y): X Utility Easement Right-of-way for alley or streets : • all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vaca e the following (alley. easement, right-of-way) described as follows: General location / Address (referring to :.: cited document. must be completed*') dig .. �? SD P,,3 (c -s C d�,� ?n t v Ll (1 flACX / /] legs! description - graphic nepnesentaaton of what it being vacated -SUR P21) St 41T -a, 4,✓ ITY COMPANY COMMENTS: 0 objections to the vacation(s) • bed above. • No objections to the vacation(e) bed above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following •, ' ons aro mat SignatureTif r f h C rej nrpany Represents (M Ve ( (SCS �-( t�114 675 t223 July 9, 2007 Planning Commission VAC 07-2638 Estes Agenda Item 4 Page 14 of 20