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HomeMy WebLinkAbout2006-06-26 - Agendas - Final113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, June 26, 2006, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chairman 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 Chairman asks for public comment. He will do this after the Planning Staff has presented the application. 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. 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. 2006 Planning Commissioners Jill Anthes Lois Bryant Candy Clark James Graves Hilary Harris Audy Lack Christine Myres Alan Ostner Sean Trumbo ARKANSAS TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 5754267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, June 26, 2006, 5:30 p.m. Room 219, City Administration Building Approval of minutes from the May 08 and May 22,-2006 meeting. Consent: 1. VAC 06-2068: (BIO -BASED, 638): Submitted by Mike Morgan for property located at 1475 CATO SPRINGS RD. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 1.19 acres. The request is to vacate unconstructed rights-of-way within the subject property in association with the approved Large Scale Development. Planner: Jesse Fulcher 2. VAC 06-2123: (LAUNDER, 447): Submitted by JOHN LAUNDER for property located at 1.025 COMPANY.. The property is a 20 -foot utility easement located at 1025 Company Street and is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE. The request is to vacate the utility. easement (0.06 acres) on the subject property. Planner: Andrew Gamer Old Business: 3. LSD 06-1997: Large Scale Development (DIVINITY HOTEL & CONDOS, 484): Submitted by H2 ENGINEERING, INC. for property located at 101 W DICKSON, BETWEEN CHURCH AND BLOCK. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 1.96 acres. The request is for a 10 -story mixed. use building with a hotel, 2 restaurants, retail space, parking garage and condominiums with a total of 88 residential dwelling units. Planner: Andrew Gamer 4. ADM 06-2078: Administrative Item (DOWNTOWN MASTER PLAN): Submitted by Leif Olson for Planning Commission review and recommendations to the City Council on Downtown Master Plan/Entertainment District Ordinance Amendments. Planner: Leif Olson 5. CUP 06-2091: (JONES, 367): Submitted by CHARLES P JONES for property located at 227 W. MILLER. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains. approximately 0.26 acres. The request is for a duplex in an RSF-4 zoning district. Planner: Jesse Fulcher 6. RZN 06-2088: (TRI -CITY INVESTMENTS, LLC, 527): Submitted by CRAFTON TULL & ASSOCIATES INC. - ROGERS for property Iocated NW OF HWY 16 AND STONEBRIDGE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.78 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Jesse Fulcher 7. ANX 06-2020: Annexation (HAYS, 474): Submitted by LANDTECH ENGINEERING on behalf of Joan Hays for property located on Double Springs Rd., N of Dot Tipton Rd.. The property is in the Planning Area and contains approximately 7.5 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan 8. RZN 06-2021: Rezoning (HAYS, 474): Submitted by LANDTECH ENGINEERING on behalf of Joan Hays for property located on Double Springs Rd., N of Dot Tipton Rd. The property is zoned R -A, RESIDENTIAL AGRICULTURAL, and contains approximately 7.5 acres. The request is to rezone the subject property to RSF-4, Residential Single Family, 4 units per acre. Planner: Suzanne Morgan New Business: 9. ANX 06-2127: (WILLIAMS, 474): Submitted by RANDY L. RITCHEY for property located at 340 S DOUBLE SPRINGS ROAD. The property is in the Planning Area and contains approximately 1.00 acre. The request is to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan 10. ADM 06-2159: Administrative Item (LYNWOOD ESTATES, 294): Submitted by 112 ENGINEERING for property located at 2468 N. CROSSOVER ROAD: The property is zoned RSF-2, SINGLE FAMILY - 2 UNITS/ACRE and contains approximately 4.77 acres, with six single family lots. The request is an appeal of the City Engineer and Planning Commission determination of the money -in -lieu amount required for sidewalks adjacent to Hwy. 265. Planner: Andrew Gamer 11. CUP 06-2124: (BAKER, 558): Submitted by JENNIFER STONE for property located at S OF HWY 62, ON THE W SIDE OF FARMERS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.29 acres. The request is for a duplex in the RSF-4 Zoning District. Planner: Andrew Gamer 12. ADM 06-2121: Administrative Appeal (MARRIOTT COURTYARD, 174): Submitted by CEI Engineers for property located at 600 E. Van Ashe Drive. The request is an appeal of the conditions of approval for Commercial Design Standards, as approved by the Subdivision Committee. Planner: Jesse Fulcher 13. LSD 06-2113-: Large Scale Development (TACO BELL, 401): Submitted by CRAFTON TULL & ASSOCIATES INC. - ROGERS for property located NW OF STEAMBOAT AND WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.73 acres. The request is for a 2200 s.f restaurant with 27 parking spaces. Planner: Jesse Fulcher 14. ANX 06-2125: (DUNNERSTOCK/FOSTER, 397): Submitted by JAMES MCCORD for property located at N END OF 59TH AVENUE, OFF WEDINGTON DRIVE. The property is in the Planning Area and contains approximately 60.2 acres. The request is to annex the subject property into the City of Fayetteville. Planner: Jesse Fulcher 15. RZN 06-2126: (DUNNERSTOCK/FOSTER, 397): Submitted by JAMES MCCORD for property located at N OF WEDINGTON DRIVE, AT THE END OF 59TH. The property is in the Planning Area and contains approximately 60.2 acres. The request is to rezone the subject property to RSF-4, Residential Single-family, 4 units per acre. Planner: Jesse Fulcher 16. CUP 06-2128: (SOUTH HILL CHURCH OF CHRIST, 561): Submitted by DAVE JORGENSEN for property located at 1146 S ELLIS AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.17 acres. The request is for a church (Use Unit 4) in the RMF -24 Zoning District. Planner: Jesse Fulcher 17. CUP 06-2118: (BROTHERS, 483): Submitted by ALAN REID for property located at 665 GRAY AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.12 acres. The request is for a tandem lot. Planner: Suzanne Morgan 18. LSP 06-2117: (BROTHERS, 483): Submitted by ALAN REID for property located at 665 GRAY AVENUE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.12 acres. The request is to divide the subject property into two tracts of 0.63 and 0.49 acres, the larger lot being a tandem lot. Planner: Suzanne Morgan 19. PPL 06-1773: Preliminary Plat (EMERALD POINT, 474): Submitted by STEADFAST, INC. for property located at DOUBLE SPRINGS RD., E OF SILVERTHORNE S/D. The property is zoned RMF -6, LOW DENSITY MULTI -FAMILY RESIDENTIAL and contains approximately 9.7 acres. The request is to approve a preliminary plat of a residential subdivision. containing 8 single family lots and 40 two-family lots- Planner: Suzanne Morgan 20. ANX 06-2129: (MCDONALD, 569): Submitted by H2 ENGINEERING, INC. for property located S OF HUNTSVILLE RD., BETWEEN RIVER MEADOWS AND ROBERTS ROAD. The property is in the Planning Area and contains approximately 14.21 acres. The request is to annex the subject property into the City of Fayetteville. 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 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 PC Meeting of June 26, 2006 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: June 21, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 06-2068: (BIO-BASED/CITY OF FAYETTEVILLE, 638): Submitted by CITY OF FAYETTEVILLE for property located at 1475 CATO SPRINGS RD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.19 acres. The request is to vacate un -constructed rights-of-way within the subject property in association with the approved Large Scale Development. Property Owner: City of Fayetteville Planner: Andrew Garner Findings: Property Description and Background: The subject property is located at the southeast corner of Cato Springs Road and Razorback Road. The property has multiple structures on-site which formerly housed the City's Water and Sewer Operations Center. The first phase of a multi -phased project was approved by the Subdivision Committee on June 15, 2006. The approved development consists of a 28,000 square foot building with professional office and laboratory space, as well as associated parking. Request: The applicant's request is to vacate un -constructed rights-of-way within the subject property in association with the approved Large Scale Development. The rights- of-way, which are approximately 30' wide, were platted as part of the Broad Acres Subdivision. 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 No Objections K:\Reports\2006\PC Reports\06-26-06\VAC 06-2068 (BioBase_City of Fayetteville).doc June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 1 of 10 Arkansas Western Gas Southwestern Bell Telephone CITY OF FAYETTEVILLE: Water/Sewer Transportation Solid Waste Engineering No Objections No Objections RESPONSE No Objections. No Objections No Objections No Objections Public Comment: Staff has not received any written or verbal public comment. Recommendation: Staff recommends approval of VAC 06-2068 with the following conditions: Conditions of Approval: 1. If any utility work is performed as part of the development and any of these lines changed, abandoned, or rerouted, then easement requirements would change accordingly, as they would for any development. Easements shall be dedicated by easement plat. a. The north -south 12" waterline requires a 25' wide easement centered on the pipe. b. The 6" waterline running west from the 12", between the two buildings requires a 20' easement centered on the pipe and extending 10' past the end of the pipe. This requirement also applies to the 6" line running north from the westbound 6" line. c. The 24" waterline running east -west parallel to the south property line requires a 50' easement centered on the pipe. Much of this easement is in the 1475 Cato Springs lot. d. The north -south sewer line running down the driveway needs to have a 20' wide easement centered on the pipe. This easement must be extended to the south property line. e. All other water and sewer mains on the lot must have a 20' wide easement centered on the pipes. These easement shall extend 10' beyond the end of the line at dead end manholes or dead ends of pipes. f. There needs to be an easement extended southwest from the dead end manhole on the west end of the east -west sewer line. This easement should be situated such that the house on the southwest lot can have a main run to it from the manhole. If the house area is split off as a separate lot, there must be a sewer main that runs to it. Currently, the service line from the house ties to the dead end manhole and can be identified by the cleanouts located K:\Reports\2006\PC Reports\06-26-06\VAC 06-2068 (BioBase_City of Fayetteville).doc June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 2 of 10 g. every 100'. This service no longer meets requirements if the house becomes part of a separate lot. The new main need not follow the path of the existing sewer line (which is a service, as the house is on the same platted lot as the two brick buildings). It simply needs to tie to the service at the property line. The adequacy of the water and sewer systems must be evaluated for any new development. All sewer services must be placed, as they do not meet current plumbing codes. Water service lines on both sides of the meter loop may need to be replaced; they are also required to meet current plumbing codes. 2. Any relocation of existing utilities shall be at the owner/developer's expense. 3. All conditions of approval from the approved large scale development shall remain in effect unless otherwise modified by the Planning Commission and/or City Council. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: June 26, 2006 Motion: Second: Vote: 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\2006\PC Reports\06-26-06\VAC 06-2068 (BioBase City of Fayetteville).doc June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 3 of 10 STREET VACATION DESCRIPTION A part of the North half (N 1/2) of the Northeast Quarter (NE IA) of Section Twenty -Nine (29), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas and being a part of the Broad Acres Subdivision, Block Two (2), dated August 07, 1926 and recorded in Deed Book 4 Page 116 with the circuit clerk of said county and being more particularly described as follows, to wit: Commencing at the Northeast (NE) corner of said section; Thence North 87°03'36" West 1141.59 feet to a point; Thence South 02°56'24" West 1006.36 feet to the North right-of-way of an unnamed street and the West right -of way of the Arkansas and Missouri Railroad, said intersection being THE POINT OF BEGINNING; Thence along said railroad right-of-way South 08°06"42" East 30.49 feet to a point; Thence leaving said railroad right-of-way North 87°50'34" West 272.24 feet to a point; Thence South 02°48'29" West 272.82 feet to the south line of said Block Two (2); Thence North 87°24'01" West 30.00 feet to a point; Thence leaving said south line North 02°48'29" East 633.59 feet to a point; Thence North 87°50'34" West 812.02 feet to the west right-of-way of Arkansas State Highway No. 265; Thence along said west right-of-way North 26°18'36" East 21.01 feet to a point; Thence continuing along said west right-of-way North 17°18'43" 11.22 feet to a point; Thence leaving said west right-of-way South 87°50'34" East 830.83 feet to a point; Thence South 02°48'29" West 361.00 feet to a point; Thence South 87°50'34" East 266.46 feet to the POINT OF BEGINNING and containing 1.198 acres more or less. June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 4 of 10 1317-29. CATO SPRINGS RD. E 1/4,141 I/4 765-15399-010 City of Fayetteville ROAD PLATTED IN BROAD ACRES SUBD., BLOCK 2, AS FILED IN BK 4, PG 116 W.0 TO BE VACATED. 765-03017-000 City of Fayetteville 7 / 7-7"/ i/ -r/ r to 6 0 N 0 N87'0 3.3 6 "y 114159• E -Saga I/4, NE I/4 EEC NE ,/4,11 I/. 765-15404-000 Marvin & Doris Treat 206 Treat St. Fay., Ar. 72701 115709'6H1 ma.K' June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 5 of 10 Jan Gambill - CatoS WATER AND WASTEWA TER DIVISION DEPARTMENTAL CORRESPONDENCE To: City Planning. Thru: Engineering From David Jurgens, Water and. Wastewater Director Akt Date: May 15, 2006 k 1 Subject: Easement/Right of Way '(vacation. Request»1475 Cato Springs Road (Old Water/Sewer Operations Center) The attached. request to vacate the rights-of-way at 1475 Cato Springs Road, the old Water/Sewer Operations Center, are approved as of when the conditions listed below are met. If the conditions listed below are not all met, then the vacation cannot be approved. Because the site belonged to Water and. Sewer, easements for the existing water and sewer lines were not required and were not comet. Before any land rights are lostonthesite, all land requirements should be met. If any utility work is performed aspart of the development, and any of these lines changed, abandoned, or rerouted, then easement requirements would change as they would for any development. Conditions: 1. The north -south 12" water line requires a 25 foot wide easement centered on the pipe. 2. The 6" water line running westfrom the 12', between the two buildings, -requires a 20' easement centered on the pipe and extending 10' past the end of the pipe. This requirement also. applies to the 6" line running north from the westbound 6" line. 3:. The 24" water line running east -west parallel to the south property line requires a 50' easement centered on the pipe. Much of this easement is in the 1475 Cato Springs lot 4. The north -south sewer line running down the driveway needs to have a: 20' wide easement centered an the pipe This easement must be extended to the south property line 5: All other water andsewer mains on the lot must have a 20 foot wide easementcenteredon the pipes. These :easenrentstshall extend 10 feet beyond the end of the line at dead end manholes or dead ends of pipes. 6. There needs to be an easement extended southwest from the dead end manhole on the west end of the east -west sewer line. This easementshould be situated such that the house on the southwest lot can have a main run to it from the manhole if the house area is split off as a separate lot, there must be a sewer main that runs to it. Currently, the service line from the house ties to the dead end manhole and can be identified by the cleanouts located every 100 feet. This CataSprieigs 1475nVac May416-O1dl,c June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 6 of 10 s1475 EsmtVac`w,Ma 06-01 service no longer meets requirements if the house becomes part of a separate lot. The new main need not follow the path of the existing sewer line (which is a service, as the house is on the same platted lot as the two brick buildings), it simply needs to tie to the service at the property line. 7. The adequacy of the water and sewer systems must be evaluated for any new development. All sewer services must be replaced, as they do not meet current plumbing code. Water service lines on both sides of the meter loop may need to be replaced; they are also required to meet current plumbing codes. 8. Any utility work performed under contract shall go through the standard review, approval, and inspection process administered by the City Engineer's office. Cato$prings 1475-Easnm Vac May060l.dac June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 7 of 10 LS D06-2105 BIO -BASED One Mile View R-0 097 41 PRIVATE 1 i 42 PRIVATE 1369 DR SUBJECT PROPERTY PETIGREW ST RMF -24; CATO SPRINGS HO, c. F 24 e LORENA LN 1 t 03 C, RMFI4 lubGE [u14MING5 RO Overview Legend Subject Property LSD06-2105 Boundary .ti .r Planning Area 90009 e, o Overlay District I i Outside City Legend ® Hillside -Hilltop Overlay District 0 0.129.25 0.5 0.75 1 June 26, 2006 WesPlanning Commission • P868 (BioBase-City of Fayetteville) Ag.,nJa IL Page 8 of 10 LSD06-2105 Close Up View BIO -BASED SUBJECT PROPERTY Overview Legend g0000verlaY ODistict — FLOODWAY — 500 YEAR 0000 100 YEAR --- LIMIT OF STUDY — — - Baseline Profile O Fayetteville f Outside City ® 15D06-2105 vedorGDB.Footpnnt2004 _ Hillside -Hilltop Overlay District 0 125 250 500 750 if./AW; Fe June 26, 2006 Planning Commission 068 (BioBase-City of Fayetteville) A.enda Item 1 •age • o t June 26, 2006 Planning Commission VAC 06-2068 (BioBase-City of Fayetteville) Agenda Item 1 Page 10 of 10 evi le 1 ARKANSAS s THE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of June 26, 2006 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: June 5, 2006 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 06-2123: (LAUNDER, 447): Submitted by JOHN LAUNDER for property located at 1025 COMPANY. The property is a 20 -foot utility easement located at 1025 Company Street and is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE. The request is to vacate the utility easement (0.06 acres) on the subject property. Property Owner: JOHN LAUNDER Planner: ANDREW GARNER Findings: Property Description and Background: The subject property is an existing 20 -foot utility easement (0.06 acres) traversing north -south along the eastern property line of a single- family lot located at 1025 Company Street. This property is identified as Lot 13 in Mountain View Addition on Mount Sequoyah. This easement is not being used by any the utility providers. Request: The applicant's request is to vacate the 20' utility easement in order to construct an addition to their existing home. 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 No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections K:\Reports\2006\PC Reports\06-26-06\VAC 06-2123 (Iaunder).doc June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 1 of 18 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections provided a new easement is provided. Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment Staff has not received any written or verbal public comment. Recommendation: Vacating the utility easement in question without provision of another utility easement along the northern portion of this lot could prevent necessary sewer main extensions. However, the applicant has indicated that they will provide a new 10' utility easement traversing east -west along their northern property line as requested by the City's Water and Wastewater Director. Staff finds that this new easement would provide adequate easement for future math extensions. All of the utility companies have approved the easement vacation. Staff recommends approval of the proposed utility easement vacation VAC 06-2123 with the following conditions: Conditions of Approval: 1. A new public 10 -foot sewer easement shall be provided on the south side of the north property line of this lot, starting at the west end of the Company Street right-of-way and running west to the western property line, as approved by the City Water/Wastewater Director. The existing utility easement shall not be vacated or obstructed by new construction until the new easement is in place and accepted by the City of Fayetteville. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION: ves Required Recommendation to be: X Approved Denied Motion: Second: Vote: Date: June 26, 2006 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\2006\PC Reports\06-26-06\VAC 06-2123 (Launder).doc June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 2 of 18 Request to Vacate Utility Easement Crossing 1025 Company I will be getting married this fall. In order to accommodate my expanded family, I am removing my existing carport and replacing it with an enclosed two -car garage with a room above it. In order to add on to my existing house, I needed the appropriate permit. In going through the permit process, it was noted by planning, that although a street easement (Read Street), was abandoned by ordinance in 1955, the utility easement was not. The house was permitted and built in 1987. The easement is not shown on existing plats of the property. Only due to the GIS technology, was the easement discovered. Thus, in order to complete my remodel, i need to have the utility easement vacated. ohn Launder, Property Owner 1025 Company June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 3 of 18 501 373 0229 12.27: UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS 05-15-2006 4 14 DATE: 05/15/06 UTILITY COMPANY: Southwestern Bell Telephone d.b.a. AT&T Arkansas REQUESTED VACATION: Street X Utility Easement Street and all the utility easements located within the vacated street Right -of -Way for alley or street Right -of -Way for alley or streets and all utility easements located within the vacated right- of-way Alley Alley and all utility easements located within the vacated alley 1 have been notified of the petition to vacate the following right-of-way. Described as follows: A twenty foot (201 wide utility easement being part of vacated Read Street in the Mountain View Addition of the City of Fayetteville, being a part of the SW % of the SE 34 of Section 10, Township 16 North, Range 30 West, Washington County, Arkansas and being more particularly described as follows: Commencing at the northwest comer of Block 1 in said Mountain View Addition as described in a warranty deed recorded as document number 2003 53813; thence along the south right-of-way line of Company Street 87°31'15'W 16.94 feet to the point of beginning; thence departing said south right-of-way line 24°52'39" 66.86 feet; thence S 10°3517°E 10.04 feet t a found iron pin; thence S 16°30'S8'E 46.31 feat thence S16°4746'E 12.80 feet; thence S13°11121'E 14.61 feet to a found iron pin; thence S25°10'13° E 13.53 feat to a found iron pin; thence N87°32'161W 6.86 feet, thence t424°52'39° W 170:11 feet; thence S87°31'1SE 22.52 feet to the point of beginning, containing 2,577 square feet, more or less. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitute a release of easement. The attached Concurrence must be recorded at the Benton County courthouse in order for this release to be complete and legal. Signature of AT&T Company Representative: 1a.. L _ a E. Sonlmerfeldt Pa June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 4 of 18 "r -May. 10. 2006 7:35AM-._,.FAN,,.'GUST SVC No. 0107 P. 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 5:443° UTILITY COMPANY: "—SW C PLO APPLICANT NAME: APPLICANT PHONE REQUESTED VACATION (applicant must check all that apply): - Utility Easement - Right -1A -way for alley or streets and all utility easements located within the vacated right- of- way- Alley - Street tight -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 m attached document- must be completed*" Joa.5 afifft. s1 -,i cL44 set IExkt141,4,l *4 t 47T.4Cif legal descripdan and graphic representation of what is being vacated-,SURYEI) 7U1[7i1Jri" COMPANY COMMENTS: No objections to the vacation(s) described above. -- No objections to the vacation(s) described above, provided following described easements arc retained. (State the location; dimensions, and purpose below -1 - No objections provided the following conditions me met: Signature Utility Company Representative J, f SW Title Febnary2oo6 Page 5 June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 5 of 18 05/04/2006 08:14 4798720174 may W W tu:99p Sunrise L:tls[om names DATE: S- 3 - COX CONSTRUCTION PAGE 82/04 Lw LIU a,uo UTILITY APPROVAL FORM FOR wclar- OF- WAX" ALLEY, AND UTA.JIY EASEMENT VAC/MONS UTILITY UTILTf Y COMPANY: ea an,..lw,ctr ,47-3-..06 APPLICANT NAME.: APPLICANT PHONE REQUESTED VACATION (applicant most check off that apply): - Utility Easement -- Right-of-way for alley or streets and all utility easanesw located within the vacated right- of- way. - Alley - Street right-of-way J lutve been notified of the petition to vacatethe following (dley easement, right(of-way), described as follows: Casters; Intention / Address (wfcrinig loattached document- meta 12 complcicd•`) tit /02c 4114 PAN 9 Sr. (A17.4CJ legal deserfptien and graphic representation of what is being vacaredSU4t VEV UTILITY COMPANY COMIt$E.4TS: No objections to the vacation(s) described above. No objections to the vao lions) described above, provided following described easement.. are retained. (State the location, dunensions, and purpose below.) - No objections provided the following conditions are met: S of Utility Company vc rEc TCemn2,0ae44 r'og Title Fidurary2006 Page 5 June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 6 of 18 5-10-06:11:41AM:ARKANSAS ♦_STERN GAS May 04 06 01:15p Sunrise Custom Homes UTILITY APPROVAL FORM FOR RIGHT- OF- MAY, ALLEY, AND UTLLITY EASEMENT VACATIONS DATE: „— 10 - ©iv UTILITY COMPANY: AQKAtt5Qs test Rn 4AS ;4795828258 # 2/ 4 253 276 9783 p.2 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): tri Utility Easement Right-of-way for alley or streets and all utility easements Iocated within the vacated right- of- way. - Alley - Street right-of-way 1 have been notified of the petition to vacate The following (alley, easement, right-of-way), described as follows: General location /n �' '�'• �° Address (referring to attached i/�i tiled document-�must be completed") as (6- S &th �f-H��r /� l4-cnt.rilksc: -k-4n) (42f4071e description and graphic representation of what is being vacated-SURPEY) (PIILITY Ct»4PANY 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 pwpose below.) No objections provided the following conditions are met Signature of Utility Compa Representative Pr Title `J Fehnnvy 2006 Page 3 June 26, 2006 Planning Commiocion VAC 06-2123 (Launder) Agenda Item 2 Page 7 of 18 May 02 06 04:14p DATE: Sunrise Custom Homes UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 61446 253 276 9783 p.1 UTfLITY COMPANY: li Via' pck ti-- l v,Sl to D, 'r a✓/ t" APPLICANT PHONE:4fl 41z5 4355 APPLICANT NAME: J.144411161, Ci4Sf"hM 14(14101..7 REQUESTED VACATION (applicant must check all that apply): XUtility 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 (referring to attached document- must be completed**) Leis 1 " � s -C; (ATTACH legal description and graphic representation of what is being vacated -SURF -El) 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.) -- No objections provided the foliovntg conditions are met: Signature ii7-Fitility Company Representa}jve14-4 4 Tirot ori/ 57s--8226 Febnraey 206 June 26, 2006 Pronnifin Commission VAC 06-2123 (Launder) Agenda Item 2 Page 8 of 18 05/09/2006 TUE 8:49 FAX 479 4 )3478 COF SOLID WASTE & RECYCL ' 0/002/004 May 05 06 05:45p Sunrise Custom Homes UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: I O + o t4 1J77L]TY COMPANY: Civ �.... --.:c i S Ott ` IJ. a. 253 276 9783 p.4 APPLICANT NAME: APPLICANT PHONE RNEQUEST ED VACATION (applicant must check all that apply): \ Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley - Street tight -of --way I have been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows: General loetian / Address (referring to attached document- must be completed**) MT -TACIT description and graphic representation ofwhat is being vacated -SURVEY) 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 maltose below.) - No objections provided the following conditions are met: Sign Utility Company Representative February2006 Page 5 June 26, 2006 Planning Commission VAC S.- T aLn.er Agenda Item 2 Page 9 of 18 DATE: 24 RAY 2-004 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: t• - f, -`(E. j (L o t i c LJi1/4�2—rt REQUESTED VACATION (applicant must check all that apply): Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address: l 02_5 (� .,� 1aQ� ('{ a r -tL ,c-„,-(-1.„ ,-L „to ae tin bN Q-031 dike a{ - ern eet . (Include legal description and graphic representation of what is being vacated) UTILITY COMPANY COMMENTS: ❑ No objections to die 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.) (2.ee,nitoQ.oset-..D eo,-a be Uaetit ,0 I,,,t tt-g_ ert3 vn t t 110it& a. (O 2.0 se Pa 0,,, vi ot1� }Pratpct{� {,N -t ,2./$o.w�y1✓/ Vv 9 F104Q eivh9 v€ e,uy.--luo..d SSr-utt -% -Ki t.-3-6-ei 'rib t ^ t nko Q rn.aPio Ma fllh i Lr4, 2o06s.�j . Cosavo o 0_ c lar 2e. IIvest 10 2,,6 �' �n,y) Signature Title Vin'��`' Utilityl'Company Representative cw Ana- at:Ere-fib-- June 26, 2006 Planning Commission FebnM6Q012123 (Launder) pages Agenda Item 2 Page 10 of 18 a e ile j AP Y WATER AND WASTEWATER DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Jan Gambill, Planning FROM: David Jurgens, Water & Wastewater Director DATE: May 24, 2006 SUBJECT: Easement Vacation Request, 1025 Company I concur with the easementvacation along the east side of and in the vicinity of 1025 Company with the following comment and requirement. In order to allow for a future main extensions, we require a 10 foot easement on the south side of the north property line of this lot running starting at the west end of the Company Street right of way and running west to the western property line. The sewer service line for the house at 1025 Company trespasses across one or more other lots before it reaches a City main. There are no sewer mains that adjoin the lot. A likely path for a main to get to this lot is along the easement of which part is being vacated. Alternatively, given the slopes in the area, it is entirely possible that a future main could run from Vinson up to and through the Company Street right of way to Sequyoay Drive. This is the basis for the easement being required to be dedicated. The north -south easement on the east side of the lot can be vacated simultaneous with the east -west easement on the north side of the lot being granted. Cc: Engineering Water/Sewer Operations Company1025 EasmtVac May06.doc June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 11 of 18 viay uz vo 1/0.03p oururse l.usrurn=nvrrres 05-02-'06 10:18 FROM - r LPF f/2 GPI 0/8 nee ZOO L/O y/LSJ p.z T-821 P003 F-170 dw pew 587°2arorE - - - 100.17' 888COMPANY ST. k P.O.B. 2°52'49"W 25.07 sarstwE 765-095871000 2003-53813 JOHN LAUNDER REV011L4BLE TRUST TOTS COMPANA 5T FAYETIEVILLE AR 72701 t • LOT 12 N LEGEND: 30 DEED LINE EASEMENT TO DE VACATED GRAPHIC SCALE 0 15 30 (IN FEET) 1"=30' CARPOR'T LO 1 y NW CORNER i' GLOM 1 I. 1stS. d "2•a pftc *Mg N 1031 4"W.7{AT' A 12.80 S13°11'21" 14.61' 925°10'13"E 13.53' N87°32'1614/ 72.92' 1a 088 8.8 EXHIBIT "A' 871 IG 058 GEOMATIC CONSULTANTS WC. 134 N. MAIN STREET CAVE SPRINGS, AR 72718 PHONE: (479) 248-1466 FAX: (479) 248-1462 DRAW! 1 KEIT: NickDWG 6004EL 8MIT SCAM DATA Y - 3D' o5 -a2 -o6_/ EXHIBIT FOR JOHN LAUNDER REVOCABLE TRUST CITY OF FAYETTEVI LE WASHINGTON COUNTY STATE OF ARKANSAS June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 12 of 18 J ov, (\���r C.P.11 '. (uicA) 1oio - 3 (as -`I 10,7I 1 L, hi 11,,'-1IJune 26, �q0¢_,:._� g Commission I4C op- 123 (Laugde{) I L.1 j4Page 13enda 16118 1 1 may UL uo uo:oop cunnse uustom Domes 253 2/6 9783 p.1 Fax from: Sunrise Custom Homes, LLc 9136 Hilton Place Rogers, AR 72756 Fax: 253-276-9783 Phone: 479-925-4359 CeII: 479-236-5015 Email: AIASunriseCustomHomes.com Date: 5/2/2006 3:14 PM Fax to: 479 684 4730 Attention: Melanie Number of pages including cover: Notes: Melanie, Here is the legal description and exhibit to vacate the easement at 1025 Company Street. 1 have called Arkansas one call and several locates have already been done. (Locate # 060424-0196) You can contact me at 236-5015 Thank you, Al Rahm June 26, 2006 Planning Commission VAC 06-2123 (Launder) Agenda Item 2 Page 14 of 18 VAC06-2123 Close Up View LAUNDER Overview Legend En?? Overlay District — FLOODWAY --- 500 YEAR — 100 YEAR --- LIMIT OF STUDY — — - BaseLine Profile O Fayetteville Outside City VAC06-2123 fiW vector ODB.Footptlnt_2004 _ HillsitleHilltop Overlay Distract 0 37.5 75 150 225 300 Feet June 26, 2006 Planning Commission VAC 06-2123 (Launder) A.enda Item 2 Page 16 of 18