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Home My WebLink About2005-04-25 - Agendas - FinalTHE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISION Monday, April 25, 2005, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Approval of Minutes from the April 11, 2005 meeting Consent: 1. VAC 05-1440:, (WAITSMAN, 295): Submitted by J. JEFF MARTIN for property located at 3565 NATCHEZ TRACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The request is to vacate a 20' drainage easement along the east side of the subject property. Property Owner: BILL WAITSMAN Planner: JEREMY PATE 2. VAC 05-1455: (NECESSARY, 99): Submitted by BUCKLEY BLEW for property located at 3187 E WATERSTONE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.12 acres. The request is to vacate a portion of a utility easement on the subject property. Property Owner: BRIAN NECESSARY Planner: SUZANNE MORGAN 3. VAC 05-1456: (REINDL, 484): Submitted by MANDY BUNCH for property located at 580 W MEADOW. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 2.40 acres. The request is to vacate two sewer easements on the subject property. Property Owner: BRIAN REINDL Planner: JEREMY PATE New Business: 4. ANX 05-1451: (LANE, 571): Submitted by MEL MILHOLLAND for property located at at THE END OF COUNTRY RIDGE ROAD, N OF HWY 16E, W OF DEERFIELD WAY. The property is in the Planning Area and contains approximately 24.19 acres. The request is to annex the subject property into the City of Fayetteville. Property Owner: FORREST & MODYNE LANE Planner: SUZANNE MORGAN 5, RZN 05-1452: (LANE, 571): Submitted by MEL MILHOLLAND for property located at THE END OF COUNTRY RIDGE, N OF 16E AND W OF DEERFIELD WAY. The property is zoned R -A, Residential Agricultural and C-1, Neighborhood Commercial, and contains approximately 30.872 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre. Property Owner: FORREST & MODYNE LANE Planner: SUZANNE MORGAN 6. CUP 05-1466: (ISRAEL, 451): Submitted by CLARK CONSULTING for property located on STARR DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 30.99 acres. The request is to approve a tandem lot on the subject property. Property Owner: BEN ISRAEL Planner: JEREMY PATE 7. LSP 05-1465: Lot Split (ISRAEL, 451): Submitted by CLARK CONSULTING for property located at STARR DRIVE, BETWEEN 909 AND 1011 STARR DRIVE. The property is zoned R -A, RESIDENTIAL AGRICULTURAL, and contains approximately 30.99 acres. The request is to split the subject property into two tracts of 28.95 and 2.04 acres. Property Owner: BEN ISRAEL Planner: JEREMY PATE 8. LSD 04-1360: Large Scale Development (MAIL CO., 678-717): Submitted by STEVE CLARK for property located at S SCHOOL AVENUE, N OF WHILLOCK STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 4.02 acres. The request is to approve a 13,000 s.f. mail sorting facility with 38 parking spaces proposed. Property Owner: MAIL CO. Planner: SUZANNE MORGAN 9. VAC 05-1435: (ASPEN RIDGE, 522/561): Submitted by MATT CRAFTON OF CRAFTON, TULL & ASSOC. for property located at DUNCAN AVENUE AND ANDERSON PLACE BETWEEN 6TH STREET AND HILL AVENUE. The property is zoned R-PZD 04-1307 and contains approximately 27.969 acres. The request is to vacate rights-of-way within the subject property. Property Owner: HANK BROYLES Property Owner: HAL FORSYTH Planner: JEREMY PATE 10. VAC 05-1454: (HARGUS, 561): Submitted by MARLA AND ROBERT HARGUS for property located at 836 S HILL AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains lots 1, 2, 5, 6, and 9 of Dowell's Addition. The request is to vacate approximately 0.138 acres of an alley adjacent to the subject property. Planner: SUZANNE MORGAN 11. VAC 05-1453: (ST.JAMES MISSIONARY BAPTIST, 524): Submitted by STEVE CLARK for property located at SE CORNER OF ROCK AND WILLOW. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 5.20 acres. The request is to approve the vacation of two alleys and an unconstructed street. Property Owner: ST. JAMES CHURCH Planner: JEREMY PATE 12. RZN 05-1480: (BILL EDDY MOTORSPORTS, 402): Submitted by WILLIAM AND CATHERINE EDDY for property located at 1205 N FUTRALL DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.00 acres. The request is to rezone the subject property to C-2, Thoroughfare Commercial. Property Owner: WILLIAM & CATHERINE EDDY Planner: JEREMY PATE 13. RZN 05-1448: (STAGGS, 678): Submitted by RUSS STAGGS for property located at 2824 S SCHOOL AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.68 acres. The request is to rezone the subject property to C-2, COMMERCIAL THOROUGHFARE. Planner: SUZANNE MORGAN 14. RZN 05-1449: (PAYNE, 755): Submitted by RODNEY R. & NANCY K. PAYNE for property located at 1200 W BAILEY DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.86 acres. The request is to rezone the subject property to RSF-7, Residential Single Family, 7 units per acre. Planner: JEREMY PATE 15. RZN 05-1450: (STONEBRIDGE MEADOWS PHASE V, 607): Submitted by H2 •ENGINEERING, INC. for <, property located at GOFF FARM RD:; E OF CRESCENT LAKE S/D & W OF STONEBRIDGE MEADOWS GOLF COURSE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 26.61 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre. Submitted on behalf of: BILL MEADOWS Planner: SUZANNE MORGAN All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data am 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. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chairman B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Response by Applicant/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 raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member 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. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2005 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Audy Lack Sean Trumbo Christian Vaught THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: April 19, 2005 PC Meeting of April 25, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 05-1440: (WAITSMAN, 295): Submitted by J. JEFF MARTIN for property located at 3565 NATCHEZ TRACE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.43 acres. The request is to vacate a 20' drainage easement along the east side of the subject property. Property Owner: BILL WAITSMAN Planner: JEREMY PATE FINDINGS: Background: In 1994 a Final Plat for Savannah Estates Ph. III was filed with the county, recording all rights-of-way, utility and drainage easements deemed necessary for the development. The subject lot, Lot 27 or 3565 Natchez Trace, was platted with a 30 -foot front utility easement and a 20 -foot side drainage easement along the eastern property line. A home exists on the property, and the owner is in the process of seeking a vacation request to vacate a portion of an existing drainage easement. The easement is a drainage easement, and not a general utility easement, therefore only those affected and having access to the easement (City Engineering, Water/Wastewater and Transportation divisions) reviewed the request. There is an existing 30" concrete drain pipe in the easement. Access will need to be maintained for regular maintenance of the pipe, and city staff has evaluated the request accordingly. Request: The applicant requests to vacate a portion of an existing drainage easement to allow for an addition to a residential structure. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation 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. K:\Rcpoits\2005\PC Reports\04-25-05\VAC 05-1440 (Waitsman).doc April 25, 2005 Planning Commission VAC 05-1440 (Waitsman) Page 1.1 Recommendation: Staff finds that vacating the requested portion of the subject drainage easement would not adversely affect access to the easement or any other easement. Staff recommends approval of the proposed drainage easement vacation VAC 05-1440, with the following condition: 1. No structure or portion of a structure, including the overhang of any roof, shall encroach into the remaining drainage easement. Only that area as described by legal description and depicted herein shall be vacated by this request. PLANNING COMMISSION ACTION: ves Required Approved Denied Date: April 25, 2005 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. By Title Date CITY COUNCIL ACTION: ves Required Approved Denied Date: K:\Reports\2005\PC Reports\04-25-05\VAC 05-1440 (Waitsman).doc April 25, 2005 Planning Commission VAC 05-1440 (Waitsman) Page 1.2 HBA • MRRTIH CUSEOH HOHf 11UIl0EOS 2458 fast Joyce Blvd, Suite 8 Fayetteville 0812103 511-3350 fan 511-3118 martiocustomhamebuilders.com February 18, 2005 To whom it may concern: The owner of subject property at 3565 Natchez Trace Fayetteville, AR 72703 - Lot 27 Phase III in Savannah Estates, Bill Waitsman desires to add on to his existing residence. The addition would require an encroachment of 4 feet or less into the 20 foot drainage easement on the east side of the subject property (see site plan), incerely, til► wpm - J. Jeff Martin Custom Home Builders, Inc Representative for Bill Waitsman TIFj,�� gbg fine craftsmen building homes and relalionships by stewarding the trust of families April 25, 2005 Planning Commission VAC 05-1440 (Wai grap,00 05 03:21p Rick West 479-251-8522 p•2 LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE III, A SUBDIVISION IN -THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE 94 THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. OWNER: BILL WAITSMAN ADDRESS: NATCHEZ TRACE 3 ST\T5OF Ak _.SAS NO.1„S ni April 25, 2005 Planning Commission VAC 05-1440 (Waitsman) Page 1.4 LEGEND ZING 14'52•E 45'08'W 14'52'E 45'081V 14'52"W 27'32'W 14'52'W DISTANCE 4.25' 7.10' 1.51' 19.22' 1.50' 32.95' 4.31' LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE III, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. 25.0' W 8.4' RLS #1005• • a p S.Re 7 '0Q• 8.8' 8' C b .4' /• r.� 'T 494 IP 4's O .? 43/ 'S° 2 'o5'O q00 '00) O P. CO 1/2' RLS #1005 3D DRAINAGE EASEMENT VACATION 1F LOT NUMBERED TWENTY-SEVEN (27), SAVANNA ESTATES, PHASE TEL A „n.r Dn t'rm rimy- rm. C. vt-Lrrc it ,C ADV AXtC AC AC 000 Di GTlIC Aill s 0.01+ ACRES 280.4± SQ. FT. April 25, 2005 Planning. Commission VA.G.05-1440,(W aitsman) ��ZSTE dlige 1.5 ••STATE OF ` . a 0 00 N Cd MJ - a z z a - o 0z pRO`'.• w x (n w CC 0 0 w 1— D 0_ 0 0 0 • + W 6 w U O N [Q 8t1 G WOW a 5 0 N lqQ o 0� � LKWa � 5d v z $OOZ FS § ;4 tiw�0 eta t-7w[c�a7ztgg�yz p S� 41i O�U,Z �'3 e.,d F F E"�7 k W FO c W W.W 1 �h 4 p F o� m W z .. � W W .J QO p VJ J %S %' F N F in W p V] O_ N h en f_. -4 7"L ��B h�t^�,�- E'p�o3.Z Up.F"U1ZoiNEg�(:}G 4:44, 'VV FWW �v�OFW g7y mtyc1P] O`^. v�¢ .U.2 o FO W F^- '- -FO _JJ vl v, w z(� pp o 0o N O 4 ^00, ci.azazaoZ o o en O� >�a.Z pOHa(a, .3- o N°WW' en SO 6,�7 4.1 MI E' all 01 �y y QC7 """Ij ▪ W La 1i J 'E-.. U�Nz p W SON N N mO. VJ (z ww O FeQz 0v.: .:`. WW WF tx„� FE3., rC fs„{c� 3vd. ,�p>,(_„> ¢S(n7"pyh•WOF W ti13 vNi on ly �y V 6iF 6 ui 6 a OW� w d r In-.Ni;T. cR ty 0O N N O . ti . Z, �+d0 W RO v.W F W UzO >, pd ro a°oz OF HpzH a al f�uc1 vi H WWW vinz VI C1 O000OFME-.a1 1-4. 4o F[a4y, wOin en a - F- - z-� oFco0.0A(Df°a a �a 3 z� Fca 01 �a. ¢encoo.ocnHw<aen w00 VC w 0 Z iO J w 0 -- 45 w M 0 CO W W U DRAWN BY:• Alan Reid & Associates April 25, 2005 Planning Commission VAC 054440 (Waitsman) Page 1.6 VAC05-1440 Close Up View WAITSMAN SUBJECT PROPERTY RSF-4 \ RSF-4 Overview Legend VAC05-1440 °° OvetlayDISMC +» PrindpiArterial — FLOOOWAY Master Street Plan a Minor Arterial — 100 YEAR Master Street Plan — r. Collector Freeway/Expressway • • • • Historic Collector 500 YEAR LIMIT OF STUDY — - Baseline Profile Fayetteville anameCeYApri125, 2005 Planning Commission 50 100 200 300 4%°AC 05-1440 (Waitsman) Feet Page 1.7 VAC05-1440 One Mile View WAITSMAN R -A RT -12 RIDGE AT r;EWPrFER-Ly' - veellegt &ERN'RD .. yukrEERRo_ RSF47 Overview RSF-4 Legend Subject Property VAC05-1440 Boundary '4...0 Planning Area ;poop% Overiay District rOutside City Master Street Plan Master Street Plan Freeway/Expressway ems Principal Arterial =Yew Minor Arterial Collector •• • • Historic Collector 0 0.1 0.2 0.4 0.6 0.8 Miles April 25, 2005 Planning Commission VAC 05-1440 (Waitsman) Page 1.8 THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of April 25, 2005 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Brent O'Neal, Staff Engineer Suzanne Morgan, Associate Planner THRU: Jeremy Pate, Director of Current Planning DATE: April 18, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 05-1455: Vacation (Necessary, pp 99) was submitted by Buckley Blew of Blew Land Surveying, for property located at 3187 Waterstone, Lot 114 of the Stonewood Subdivision. The property is zoned RSF-4, Residential Single Family, four units per acre, and contains approximately 1.12 acres. The request is to vacate a portion of a utility easement on the subject property to construct a swimming pool. Findings: Property description: The subject property is located at Lot 114 of Stonewood Subdivision. This property is currently developed for single family residential use- At the time the subdivision was platted, utility and drainage easements were dedicated along the north, west, and south property lines of Lot 114. Although some of these easements are not utilized, the drainage easement adjacent to the southern property line is utilized for a large drain pipe. Request: The request is to vacate a portion of a platted 20' utility easement on the subject property to construct a swimming pool and related structures. There is an existing 20' utility easement adjacent to the street by which utilities can access the property. 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 No Objections Cox Communications No Objections AEP/SWEPCO No Response Arkansas Western Gas No Objections SW Bell No Objections K:\Reports\2005\PC Reports \04-25-05\VAC 05-1455 (Necessary).doc April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.1 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections with conditions of approval. The drainage easement along the south property shall be converted to a water/sewer/drainage easement. Transportation A 7.5 foot water/sewer easement shall be added to the easement along the west property line. The drainage easement on the west side of the lot shall be converted to a water/sewer/drainage easement. No Objections. The applicant is hereby notified of the existence of a large drain pipe in an easement adjacent to the easement to be vacated. 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. Recommendation: Vacating the easement will not adversely affect the property or access to any easements on the property. Therefore, staff recommends approval of the proposed easement vacation VAC 05-1455 with the following conditions: 1. Further development of this property shall not encroach any existing easement or those required for dedication as condition of this vacation. 2. Dedication of 7.5' for a water/sewer easement adjacent to the existing easement along the west property line by separate document. 3. Appropriate documentation shall be filed to convert the existing drainage easement on the west property line to a water/sewer/drainage easement. 4. Appropriate documentation shall be filed to convert the existing drainage easement along the south property to a water/sewer/drainage easement. K:\Reports12005\PC Reports\04-25-05\VAC 05-1455 (Necessary).doc April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.2 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: April25, 2005 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. By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: K:\Reports52005\PC Reports\04-25-05\VAC 05-1455 (Necessary).doc April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.3 161.07 District Rsf-4, Residential Single -Family — Four Units Per Acre (A)Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwelling (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. (D) Bulk and area regulations. Single-family dwellings Two-family dwellings Units per acre 4 or less 7 or less (D) Bulk and area regulations. (E) Setback requirements. Front Single-family dwellings Two-family dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 6000 sq. ft. 12,000 sq. ft. Land area per dwelling unit 8,000 sq. 11. 6,000 sq. ft (E) Setback requirements. Front Side Rear 2511. 8ft. 2011. (F) Height. None. (G)Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K:\Reports\2005\PC Reports\04-25-05\VAC 05-1455 (Necessary).doc April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.4 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: sat A -Pall, ZZ%QSC RECEIVED APR 1 9 2005 PLANNING DIV. UTILITY COMPANY: E- jt -'?L 1/t C.( -c LA -1 L 2 4, 6 ,7 . _ E2 REQUESTED VACATION (applicant must check all that apply): la- 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 vacatethefollowing (alley, easement, right-of-way), described as follows: General location / Address: Lei (a+l 441 'to S ' Sib 24`1-„ner, ?.a' t- , (Include legal description and graphic representation of what k being vacated) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) slut( to, abAupried -fp 0. tido” gattam)61/4.-.3o n o f -4-5' o- po.-f r` /1�spu9, .ea sew, p7-1- n..epJ3 {r & a4a4 7t -.a Quaff St 04 its- Q ties -nit o(u)t4 sZ aT lac ot ,24.64-I41 !S r Q,,., -to $4 w�-¢ o to`I'I� I,�'E-- Yh asi or-c9-c9Sl�t�l' G -p U,O.. ff� -to 6 water a& erl fr/Ito tr oor t% tCS(Ql e of Wily Company Representative i .l.:al CW.an l Title (AFF SEG -3-6a- t'litt,JT /Ira April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.5 February 70111 Feb 01 OS 11:49a Bucet Blew 479-582-1883 PETITION TO VACATE UTILITY EASEMENT PETITION TO VACATE API EASMENT LOCATED IN LOT 114, STONEWOOD SUBDIVISION, 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 easement hereinafter sought to be abandoned and vacated, lying in Lot 114, Stonewood Subdivision, City of Fayetteville; Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: p.4 A 20' UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N 00°23'16" W 15.00' FROM THE SOUTHEAST CORNER OF LOT 114 OF STONEWOOD SUBDIVISON AND RUNNING THENCE S 88°40'28" W 352.96', THENCE N 31°38'03" E 23.82', THENCE N 88°4028" E 340.39', THENCE S 00°23'16" E 20.00' TO THE POINT OF BEGINNING. SAID LOT 114 BEING LOCATED IN STONEWOOD SUBDIVISION IN THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS_ That the abutting real estate affected by said abandonment of the alley ate_ Four (4) 19-17-29 (S -T -R) Fayetteville Outlots and Lot 113, Lot 117, Lot 86, Lot 87, Lot 88, and Lot 89 of Stonewood Subdivision in the City of Fayetteville, Arkansas•, Parcel Numbers for said lets respectively being 765-13209-005, 765-13209-003, 765-13209-002, 765-13209-004, 765 -22355- 000,765 -22357-000,76522328-000,765-22329-000,765-22330-000, and 765-22331-000 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 taw. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.6 Suckles Blew 02/01/05 02:53am 479-582-1883 1 P. 004 p.5 WIIEREFORE, the undersigned petitioner respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate and that the title to said real estate sought to abandoned to be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said utility easement. Dated s 28th day of January 2005 /7Sarp Printed tramefl signature Ulf, fgl0CeacSQr? Signsnl April 25, 2005 Planning Commission VAC 05-1455 (Necessary) Page 2.7 11V2V1JJ V_3 .]J V 1VI V au La0 0 -0 /\1I 11_1_11 4. 31YMS o N 043117f5113 32VNIVHO IP Arno .oOL M•9LK.00N .L0'OLL - M.9ISZ.00N 4 Q OY a n r O�i\CCB La CD In. .H -., 'sal Y; r4 -11 rng da : o 010£1 i i> r 1�ba n� II 1 CZOON i 0 1 cPSI 0 • a IAD aa in to a \ NN O N / r u M O a1 o ii . a R 1 ii :O'0€I_ t,£Z00H- -� ,99"SZt+1 .9L,£Z.00 LEISTON PLAC r% 13, ,LS'tll HLEON YBOOt 4 go )I1YM3O15 ,t' 1 41-7—---s3 r---- Cf, ir Q 1t po SSI' v 1eo CA a 1- oEr M.9L,£Z.00Nj (j1 (N QI 1..1 N1 01 .9C0£1."' 11 .I o 111 s a M M.91.£Z.00N-- .391.6 HL4ON NALL CROSS SO'Sot HLaON —U Q C 1.4 it2a'18"W 13000' L_ a MNd W O + an ;61,0i HISON 94'u NLSON —WATERSTONE DRIVE --- — .9Z 9L 1LLa0N ,00.011 HILION 311 ' ,g '4 a s Z HLaON 0 o0 rn -H 4 N cs M Q N L(� "i Z Apri 25, 2005 PI Inning Commission 4455 (Necessary) Page 2.8 Lc) co nt 1 n EC 1 Q 1' 72765-0440 RAW RW 01 /N \ \\\��_____ WATERSTONE DRIVE 50' R/W O N 89'06'31 E N 89'59'36" E 23.98' 90.3 ' 25(1 [DRIVE WA L25. B_S.& & D.T.E. 03 R/W LOT 114 1:12 ACRES 4./– EXISTING 20' U.T.E. PROPOSED TO BE VACATED - 1620ft 1l.S ./ 6/.9T 11 EXISTING 15 DRAINAGE EASEMENT TcrIcrY HOUSE C/L -R/W G. PORCH N 0 15ftI 197.19. 5 65'4028 W 377.27' p CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cf - 224.99' 67.00' 66.75' N 8116'54" W 17'03'41" C2 224.99' 68.36' 87.81' N 61'35'33" W 22'30'22" SURVEY DESCRIPTION. LOT 114 IN STONEWOOD SUBDMSON TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PERPLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. PROPOSED UTILITY EASEMENT VACATION: A 20' UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N 0023'16" W 15.00' FROM THE SOUTHEAST CORNER OF LOT 114 OE STONEW000 SUBDIVISON AND RUNNING THENCE S 88'40'28" W 352.96', THENCE 01.31'38'03 6 23.82', THENCE N 88'40'28" E 340.39', THENCE 5 0023'16" E 20.00' TO THE POINT OF BEGINNING. SAID LOT 114 BEING LOCATED IN STONEWODD SUBDIVISION TO THE CITY OF FAYETTE4TLLE, ARKANSAS AS PER PLAT ON FILEIN THE OFFICE OF THE. CIRCUIT CLERK AND EX -OFFICIO RECORDER -0F WASHINGTON COUNTY. ARKANSAS. ADJOINING PROPERTY OWNERS: 1) PRESBYTERY OF ARKANSAS AN ARKANSAS NONPROFIT CORP. 1123 5. UNIVERSITY AW., STE. 1015 LITTLE ROCK, ARKANSAS 72204 PARCEL # 765-13209-005 #.765-13209-003 2) MAHLER,-.ROBERT J & VIRGINIA L 3306 E. ZION ROAD SPRINGDALE,' ARKANSAS 72764 PARCEL # 765-13209-002 # 765-13209-004 3) DRISCOL, CAROL 3209 WATERSTONE DR. SPRINGDALE, ARKANSAS 72764 PARCEL # 765-22355-000 4) JOHN EASTERLING CONSTRUCTION, INC.. 1746 W. SUNSET STE 8 SPRINGDALE. ARKANSAS 72764 PARCEL # 765-22357-000 s w P v 0' FOA086 AIm BENERTOF: BRIAN NECESSARY ADDRESS: FAYETTEVILLE. ARKANSAS CERTIFICATE OFOWNERSHIP& DEDICATION: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (1009,)OWNERSHIP OF THE REAL ESTATE SHOWN ANT) DESCRIBED HFREIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN 014 THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYL1 I LVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE G RANTED B Y THE CITY OF FAYEITE V ILLE) TH E EASEMENTSAS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTABLISHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. DATE - OWNER DATE .OWNER.. I HEREBY CERTIFY THIS TO BE TRUE AND CORRECT 10 THE BEST OF Hf KNOWLEDGE MO BELEF ON THIS THE____ DAY of 2005 5) LAWSON, RICK & JO 3130 WATERSTONE DR. SPRINGDALE, ARKANSAS 72764 PARCEL # 765-22328-000 6) FORGA, E. MAXINE 3152 E. WATERSTONE DR. SPRINGDALE, ARKANSAS 72764 PARCEL 1 765-22329-000 7) ANDERSON, MARTHA JEAN. (3186 WATERSTONE OR.) P.O. BOX' 3303 FAYETTEVILLE, ARKANSAS 72702 PARCEL # 765-22330-000 8) SCARBOROUGH, BILL & VICKIE 3208 WATERSTONE DR. SPRINGDALE, ARKANSAS 72764 PARCEL # 765-22331-000 50' 100. 150' GRAPHIC SCALE ON FEET) 1 Inch' = 50ft. CITY PLAT PAGE: #99 SLCDSU POFSIONALLANSURQE RS 724 W. SYCAMORE ITE.4 FAYLTFEVILLE, MI 72701 PN 4ryMAgyb PX 401-112-1663 www.51<wlvda vvirg m GATE: 03/27/06 sCAtE v -60' LOCATION: LOT 114 400NEWWU 51804011104 AIRVEtER ORAFIER OA1E BAS N' N S - I16WW9O0 Tv80LM05011080µ cv4wn0Nml vv 4Ns�wWvp mmaA P+ "_"'' R_L dN'o rI,. NmgrgoysW.yp.xmmNv n Powbwo4mr:eeµ odete•lud,9fl,.A,,g�.Iz� ve 7 ME SIGNATURE ON MIS SEAL IS NOT AN ORIGINAL ANO NOT BLUE IN COLOR MEN R SHOULD BE ASSUMED 19A7 THIS PUT NAY HAVE B@1 01TEREO. ME ABOVE CERRFCAPON SHALL NOT APPLY TO ANY COPi THAT DOES NOT OFAR PN ORIGINAL SEAL AND SIGNATURE. FI 000 CFRTIECATION: A PORTION OF THIS PROPERTY IS -LOCATED WITHIN FLOOD ZONE "A' AS DETERMINED BY THE NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP FOR WASHINGTON COUNTY, ARKANSAS. (FIRM PANEL #0514300101 E JULY 21, 1999) LEGEND: meE 009061m IN I118 1 GNLL O AmowINGKamm' 0 SET Vr RENue • FOUND IV ROMA o 801070R'NER LM[ T CENTERLINE OFrzwo LF -WAY DRAINAGE �A: 4FG V IV NAIL April 25, 2005 lanni g Commission AC 05-1 55 (Necessary) Page 2.9 VAC05-1455 Close Up View NECESSARY SUBJECT PROPERTY Overview Legend lEll VAC05-1455 'tea&°wMayOiab I® Pn 'p IArtt aI — FL000WAY Master Street Plan mum Minor Anenai — 100 YEAR Master Street Plan - • Collector MGZEI Freeway/Expressway •••• lestonc Collector — 500 YEAR LIMIT OF STUDY — — - PaseLine Profile C Fayetteville psm i °utsMeavlpril 25, 2005 Planning Commission o 50 100 200 300 400 VAC 05-1455 (Necessary) Feet Page 2.10 VAC05-1455 One Mile View NECESSARY SUBJECT PROPERTY Overview Legend Subject Property VAC05-1455 Boundary T`.` Planning Area g0c000gocoog Overlay District Outside City Master Street Plan Master Street Plan Freeway/Expressway ® Principal Arterial ® MinorArterial ▪ - Collector • • • • Historic Collector 0 0.1250.25 0.5 0.75 1 April 25, 2005 Planning Commission VAC 05-1455 (Necessary) S Page 2,11 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: April 19, 2005 PC Meeting of April 25, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 05-1456: (REINDL, 484): Submitted by MANDY BUNCH for property located at 580 W MEADOW. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 2.40 acres. The request is to vacate two sewer easements on the subject property. Property Owner: BRIAN REINDL Planner: JEREMY PATE FINDINGS: Background: A Large Scale Development was approved by the Subdivision Committee on February 03, 2005 for the construction of a three-story, 30 -unit condominium development in two buildings on property located west of the Nadine Baum Center, south of the Walton Arts Center municipal parking lot in downtown Fayetteville. The two sewer easements to be vacated are utilized for sanitary sewer mains. The mains were crossing under a building that formerly occupied the property. The developer is proposing to construct a new building in approximately the same area that the previous building was located. The sanitary sewer is to be re-routed around the proposed building. Rerouting of the sewer lines has been reviewed,and received initial approval from the Water/Wastewater and Engineering Divisions, to adequately transfer existing and future wastewater flow in a fashion similar to that which currently exists. A condition of approval of the Large Scale Development was the vacation of these easements that are affected by the proposed development, which is the subject request. Request: The request is to vacate two separate utility easements on the subject property, described and depicted in the attached exhibits. 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 No Objections Cox Communications No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections. SW Bell No Objections K:\Reports\2005WC Reports\04-25-05\VAC 05-1456 (Reindl).doc April 25, 2005 Planning Commission VAC 05-1456 (Reindl) Page 3.1 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Water and Sewer services must be re-routed prior to vacation of the rights-of-way. 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. Recommendation: Vacating the easements will not adversely affect the property or access to any easements on the property. Infrastructure improvements will correct problems with the sewer mains that currently cross the subject property. Staff recommends approval of the proposed right-of-way vacation VAC 05-1456, with the following conditions: 1. Affected public mains shall be re-routed and accepted by the City of Fayetteville prior to vacation of the rights-of-way. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: April 25, 2005 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. By Title Date K:\Reports\2005\PC Reports\04-25-05\VAC 05-1456 (Reindl).doc April 25, 2005 Planning Commission VAC 05-1456 (Reindl) Page 3.2 CITY COUNCIL ACTION: yes Required Approved Denied Date: K:\Reports\2005\PC Reports \04-25-05\VAC 05-1456 (Reindl).doc April 25, 2005 Planning Commission VAC 05-1456 (Reindl) Page 3.3 SEB LandWorks, Inc March 17, 2005 Mr. Jeremy C. Pate Director of Current Planning City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Phone (479)575-8267 PO Box 3432, Fayetteville, Arkansas 72702-3432 phone 479.444.7769 fax 479.444.7793 RE: Proposed Utility Easement Vacation Reindl Properties Fayetteville, Arkansas Dear Mr. Pate: Please accept this correspondence as the scope, nature, and intent submittal required as part of the easement vacation process. There are sanitary sewer lines that run under the existing building on Mr. Reindl's properties and within the proposed building envelope of our current.. project. As a part of the Large Scale Development process, the lines and their associated easements were required to be moved. We have coordinated with the Water and Sewer Superintendent at length and have obtained his approval as well as approval of the routing from the Engineering Department. Thank you for your ongoing assistance with this project. If you need additional information, or have any questions, please call me at (479)444-7769. Best Regard. Mandy R. Bunch, PE April 25, 2005 Planning Commission VAC 05-1456 (Reindl) Page 3.4 VACATION EXHIBIT April 25, 2005 Planni ig Commission VAC 05-1456 (Reindl) Page 3.5 [evhie ARKANSAS • WATER AND WASTEWATER DIVISION DEPARTMENTAL CORRESPONDENCE To: City Planning Thru: Engineering From: David Jurgens, Water/Wastewater\, Date: January 25, 2005 Subject: Easement Vacation Request/Sewer Rerouting, Meadow Place Condominiums (Meadow and Gregg) I concur with the proposed rerouting of the sewer lines and vacation/realignment of the easements at the Meadow Place Condominiums (Meadow and Gregg) as shown on the preliminary plans submitted by Mandy Bunch, EB Landworks, Inc., dated 25 January 2005. General Info: There are three sewers, two 12" lines and one 18" line, running through this development and passing into the same lines (the 18" turning into a 24'') flowing south in the Gregg right of way downstream. One of the existing 12" mains passes under the current structure. After several on-site meetings, the attached plan was identified as the best method of carrying the existing flow, eliminating the easement encroachments, and resolving as current and anticipatable future conflicts between the structures and lines sewer lines. The proposed plan routes the existing 12" line from the north side of the building around the structure to the west. This joins with the existing 18", turning into a 24" which ties to the existing 24" in Gregg on the south end of the property. Two flow splitters, coming off the 24" and tying into the two existing 12" lines, will be installed, replacing the existing flow splitting structures. This will allow the new layout to transfer the flow in a fashion similar to that which currently exists. Gregg-MeadowSwrRoute-Easmtlan05.doc April 25, 2005 Planning Commission VAC 05-1456 (Reindl) Page 3.6