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Home My WebLink About2007-04-23 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, April 23, 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 Hilary Harris 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, April 23, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the March 26 and April 09, 2007 Planning Commission meetings. Unfinished Business: 2. VAC 07-2519: (MILVER INVESTMENTS, 523): Submitted by MILVER INVESTMENTS, LLC for property located at 500 WEST PRAIRIE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.20 acres. The request is to vacate un -constructed right-of-way along the west side of West Avenue and un -constructed right-of-way bisecting the subject property. Planner: Andrew Garner New Business: 3. CUP 07- 2546: (C -QUAD, 642): Submitted by C -QUAD, LLC for property located at CITY LAKE RD. The property is zoned I-1, HEAVY COMMERCIAL, LIGHT INDUSTRIAL, AND I-2, GENERAL INDUSTRIAL and contains approximately 6.57 acres. The request is for a mini -storage facility (Use Unit 38) in the I-1 and I-2 Zoning Districts. Planner: Andrew Garner 4. RZN 07-2547: (WINDSOR S/D, 513): RZN 07-2547: Submitted by JORGENSEN & ASSOCIATES for property located at 6350 SELLERS ROAD ON THE APPROVED WINDSOR SUBDIVISION SITE. The overall site is zoned RSF-2, SINGLE FAMILY - 2 UNITS/ACRE and contains approximately 34.44 acres. The request is to rezone 13.38 acres to RSF-4, Residential Single Family, 4 units per acre and retain the current RSF- 2 zoning on the remaining 21.06 acres. Planner: Andrew Garner 5. CUP 07-2543: (TIBETAN HERITAGE INSTITUTE, 445): Submitted by LEANN BRIDWELL/SIDNEY BURRIS TIBETAN HERITAGE INSTITUTE OF ARKANSAS for property located at 525 N. VANDEVENTNER. The property is zoned RMF -40, MULTI FAMILY — 40 UNITS/ACRE and contains approximately 0.19 acres. The request is to allow a learning facility (Use Unit 4) and a professional office (Use Unit 25) in the RMF -40 Zoning District. Planner: Jesse Fulcher 6. CUP 07-2545: (DWELLING PLACE CHURCH, 363): Submitted by DWELLING PLACE CHURCH for property located at 1855 PORTER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 3.44 acres. The request is for a child care center (Use Unit 4) in the R -A, Residential Agricultural zoning district. Planner: Jesse Fulcher 7. RZN 07-2520: (KARAS, 439): Submitted by ROBERT KARAS for property located at 4041 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 1.50 acres. The request is to rezone the subject property to R -O, Residential Office. Planner: Jesse Fulcher 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 April 23, 2007 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: April 18, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2519: (MILVER INVESTMENTS, 523): Submitted by MILVER INVESTMENTS, LLC for property located at 500 WEST PRAIRIE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.20 acres. The request is to vacate un -constructed right-of-way along the west side of West Avenue and un -constructed right-of-way bisecting the subject property. Property Owner: Milver Investments, LLC Planner: Andrew Garner Findings: Update: At the time of publication of this report, the applicant had yet to obtain all the necessary consent signatures from adjacent property owners in order to meet the requirements as noted in the attached documents. Having received no objections, staff would recommend approval of the vacation request, in accordance with the reviews conducted by all utility representatives and no concerns being noted. However, absent all consent forms, the City Attorney has stated this is "fatal" to a vacation application. Staff recommends tabling this item indefinitely, until such time as the applicant or the City is able to acquire consent signatures to the vacation from request from all affected property owners on the subject block. Property Description and Background: This property is located at the northwest corner of West Avenue and Prairie Street, Block 22 of Ferguson's Addition, and is adjacent to the City's Frisco Trail. This property was originally developed in the 1920's by the American Milling Company. The old mill and grain buildings have been recently torn down. There is excess right-of-way along the property's West Avenue frontage, and an un -built street right-of-way bisecting the property. These areas of right-of-way are proposed to be vacated in order to redevelop the property. A conceptual site plan for this redevelopment along with architectural renderings of the proposed buildings has been submitted by the applicant and is attached to this report. (1) The West Avenue right-of-way is located north of Prairie Street on the west side of West Avenue in front of properties formerly addressed 500 Prairie Street and K:\Reports\2007\PC Reports\04-23-07\VAC 07-2519 (Milver Investments).doc April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 1 of 28 309 West Avenue. This right-of-way is an approximately 20' wide and 170' long strip of un -constructed right-of-way adjacent to the existing West Avenue (see attached exhibit). (2) The un -constructed right-of-way bisecting the subject property was originally platted to be a 30' wide street. This street was never built and now bisects a block of residences and the subject property. The right-of-way enters the property at the corner of West and Prairie and traverses in a northwestern angle from the corner approximately 178' across the property (see attached exhibit). The total acreage of the two areas of right-of-way is 0.20 acres. Neither of these areas is anticipated to be needed by the City for transportation purposes because: (1) 40' of required right-of-way for West Avenue would remain in accordance with the Master Street Plan's designation of the street as an ST -40 street; and (2) the un -constructed right-of-way bisecting the property is not a feasible for reasonable street connection along any point of this block because of existing development. Request: The applicant is requesting to vacate 0.20' acres of right-of-way within Block 22 of Ferguson's Addition. 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 Relocation of existing utilities shall be at the owner/developer's expense including the possible need for utility easements. CITY OF FAYETTEVILLE• RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections K1Reports\2007\PC Reports\04-23-07\VAC 07-2519 (Milver Investments).doc April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 2 of 28 Engineering No Objections Public Comment: No objections to the project have been received. Recommendation: Staff does not have an objection to the requested right-of-way vacation based on the responses noted above. However, as discussed in the attached memorandum from the City Attorney, written consent should be provided from all property owners that would be directly affected from the loss of right to ingress and egress their property from a right-of-way vacation request. The applicant has not provided written consent from all of the owners directly adjacent to the un -constructed right-of-way bisecting the property and continuing north to South Street. Staff recommends tabling (VAC 07-2519) until such a time that the applicant provides written consent to vacate the subject right-of-way from all property owners on this block with direct access to the subject right-of-way. Should the applicant desire to proceed without written consent from all adjacent property owners having direct access to this right-of-way staff recommends denial of the vacation request based on the memorandum and recommendation from the City Attorney. Staff has discussed this issue with the applicant who indicated that they have not been able to contact all adjacent property owners, some of whom are businesses from out of state. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied 0 Tabled Date: April 23, 2007 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\2007\PC Reports\04-23-07\VAC 07-2519 (Milver Investments).doc April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 3 of 28 TO: Dan Coody, Mayor City Council CC: Jeremy Pate, Director of Current Planning FROM: Kit Williams, City Attorney DATE: April 3, 2007 RE: Vacations of streets and alleys I am Sony that I did not see that ting property owner had not only failed to consent in writing to the pro Q ® d vacation of a portion of the alley abutting his property, but actually o 6_ed. This lack of written consent by an abutting property owner is fatal to acation request. "The Supreme Court held that because of the adverse effect, the appellants were abutting property owners written consent was required before the alley could be closed ...." Holliman v. Liles, 72 Ark. App. 169, 35 S.W. 3d 369, 372 (2000). (emphasis added) tached is a copy 'aa my two page memo of May 3, 2005 to you and the Pla "; ng Commiss' about the limitation on the City's power to vacate alleys a ets. , attached is my five page (more in depth) memo to Tim Conkh . City Planner) of February 6, 2003, concerning legal restrictions on alley and street vacations. April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 4 of 28 FAY N;TT 'WILL THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE KNEW Is I Mir LEGAL DEPARTMENT TO: Jeremy Pate, City Planner �/ FROM: Kit Williams, City Attorney 6--- DATE: May 2, 2005 /� RE: Statutory Vacation of dedicated streets and alleys Attached is my memo to Tim on this subject dated February 6, 2003. When drafting vacation of dedicated streets or alleys, I recommend you use the language in the ordinance you drafted for VAC 05-1453 (St. James Missionary Baptist). We may have the statutory power to vacate streets or alleys through A.C.A. §14-54-104 "not for the time being by required for corporate purposes ...." However, in light of the unpublished Bateman v. City of Paragould case, I would use the procedure in A.C.A. §14-301-301 et. seq. whenever possible. Then the ordinance could refer to both A.C.A. sections and their appropriate language. April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 5 of 28 THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS,. CITY ATTORNEY DAVID WHITAKER, ASST. CITY A 11 RNEY DEPARTMENTAL CORRESPONDENCE i LEGAL DEPARTMENT TO: Tim Conklin, PIanning Department FROM: Kit Williams, City Attorney DA I'E: February 6, 2003 RE: Vacation of dedicated streets and alleys As you know, the legislature has provided two statutes which both refer to a city's power to "vacate" streets and alleys. The one you have uniformly used is A.C.A. §14-54-104 Additional powers of cities of the first class This statute provides power "to vacate or lease out such portions thereof as may not for the time being be required for corporate purposes .... " No notice or consent of abutting owners is required or even mentioned. The other statute is A.C.A. §14-301-301 et seq. Power and authority to vacate. (Copies of both statutes are attached.) In a recent, unpublished case decided by the Arkansas Court of Appeal, Bateman v. City of Paragould, 2000 WL 17832 (Ark. App. 2000), the Court of Appeals upheld the Chancellor's decision that "a city of the first class could only abandon a dedicated easement by following methods set forth in A.C.A. §14-301-301 (1997)." (emphasis added) The Court of Appeals specifically held: "The Arkansas General Assembly has set out the procedure for vacating or abandoning an easement in cases such as the one now before us. See Ark. April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 6 of 28 Code Arm. §14-301-301. That procedure is binding on appellants, the City of Paragould, and the courts. Absent compliance with that procedure whereby the town council vacates or abandons the street, we cannot hold that appellants' arguments on appeal warrant reversal." (emphasis added) Unpublished opinions are not controlling precedent in later cases Other published decisions have affirmed vacation of streets pursuant to A.C.A. §14-54-104 (2) as we have done. Thus, there is not a crystal clear resolution of what we must do. The Supreme Court on June 28, 2001, reversed a trial judge who had upheld a city ordinance based upon A.C.A. §14-54-104 (2) to vacate an unpaved segment of street. Although not stating that cities could not use this statute to vacate streets, the Supreme Court stated: "We note that nothing in this statute provides that a right of ingress or egress across the property being vacated can be extinguished or taken without compensation." Wright v. City of Monticello, 345 Ark. 420, 47 S.W. 3rd 851, 856 (2001). Monticello had vacated one end of an unpaved city street returning it to its abutting owners. Plaintiff Wright was an abutting owner along the street past where it had been vacated. Wright sued for an injunction and for a constitutional taking of her interest in the street. The local judge ruled against her, but the Supreme Court reversed. "The legislature granted the City the authority to abandon or vacate roads or streets. However, the City exceeded that authority when it enacted ordinance number 700 for the purpose of extinguishing appellant's right of ingress and egress through the vacated street." Id. at 857. 2 April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 7 of 28 The case really did not turn on whether the city could use A.C.A. §14-54-104 (2) which was quoted by the Court and implicitly sanctioned as a manner to vacate a street. The main issue was the takings issue which the court ruled in favor of the upstreet, abutting owner. Unless we use A.C.A. §14-301-301 and specifically §14-301-303 which requires "written consent of the owners of all lots abutting the street or alley, or the portion thereof, to be vacated," we could face a takings claim in which the City would have to pay non -consenting, abutting owners damages. "(A)ppellant, as an abutting landowner with a property right of ingress and egress, has an independent right to use Browning Road as a means of accessing her property. We have held that the owner of property abutting upon a street has an easement in such street for the purpose of ingress and egress which attaches to his property and in which he has a right of property as fully as in the lot itself. Flake v. Thompson, Inc. 249 Ark. 713 460 S.W. 2d 789 (1970). We have also noted that this property right is not diminished merely because the property owner has alternative moans of ingress and egress." Wright v. City of Monticello, 345 Ark. 420, 47 S.W. 3rd 851, 857 The Arkansas Court of Appeals has held: "A city's governing board cannot give away a city's streets without the consent of abutting owners or without statutory authority; any attempt to do so is ultra vires. Freeze v. Jones, 260 Ark. 193, 539 S.W. 2d 475 (1976)." Holliman v. Liles, 72 Ark. App. 169, 35 S.W. 3rd 369, 372 (2000). 3 April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 8 of 28 "A conveyance to the only abutting owner is not prohibited. Barbee, v. Carpenter, 223 Ark. 660, 267 S.W. 2d 768. Nor is a vacation of a street for the benefit of the abutting owner if the street is not needed for corporate purposes." Freeze v. Jones, 260 Ark. 193, 539 S.W. 2d 425, 429 (1976). The Supreme Court's specific reference to "the street is not needed for corporate purposes" harkens back to the language of A.C.A. §14-54-104 (2) so that statute appears still somewhat available for vacation of alleys. However, a literal reading of A.C.A. §14-301-301 speaks in all-inclusive terms. "In all cases where the owner of property ... shalI have dedicated ... by platting the property ..., the city or town council shall have the power to vacate and abandon the street or alley, or any portion thereof, by proceeding in the manner set forth in this subchapter." (emphasis added) CONCLUSION I believe it will be better in the future to use the procedures outlined in A.C.A. §14-301-301 et. seq. when a property owner seeks a vacation of a platted street or alley. This procedure (by requiring consent of all abutting owners) should protect the City from any takings challenges and potential damages. I would not only follow A.C.A. §14-301-301, but continue to require utility companies to consent and include a finding in the ordinance that the street or alley is not needed for corporate purposes (so we get the benefit of A.C.A. §14- 54-104 (2) if we are ever legally challenged). April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 9 of 28 "(N)one of the appellants were abutting landowners to the closed portion of Kemp Road .... " Id. at 65 More recently, the Supreme Court has acknowledged that an owner up the road that was being closed was "an abutting landowner with a property right of ingress and egress." Wright v. City of Monticello, supra. The Court has shown a willingness to extend the definition (and legal protection) of "abutting owners" beyond that portion of the street or alley being vacated. "In that case, the appellants' property did not actually touch the portion of the alley the city board had closed, but the closing of a part of the alley adversely affected the use of their property. The supreme court held that, because of this adverse effect, the appellants were abutting property owners whose written consent was required before the alley could be closed .... " Holliman v. Liles, 72 Ark. App.169, 35 S.W. 3rd 369, 372 (2000). In Holliman, the alley was only narrowed by vacating half its width to the abutting owner. The Supreme Court reversed the summary judgment for the City (Quitman) by stating that an owner's ingress and egress does NOT have to be blocked before the owner must consent to a vacation. The key issue was the extent of adverse affect the vacation would inflict upon the owner's property. Adverse effect justified making an owner an "abutting owner" whose written consent to the vacation was required. 5 April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 10 of 28 FEB -23-2007 FRI 11:56 AM DATE: 1/29/07 UTILITY APPROVAL FORM FOR RICHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Stan Johnson APPLICANT PHONE: (479) 442-5287 REQUESTED VACATION: I l Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. G Alley X 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**) West side of Gregg Ave. between 6fh St. and Prairie St. ** (ATTACH legal description anrt em phis representation of what is being vacate! SURVEY) UTILITY COMPANY COMMENTS: (1-- 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.) P. 01 No objections provided the following conditions are met: /hat Signature of Utility Company Representative syS e well Title April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 11 of 28 02/05/2007 09:13 47944268E7 AMERICAN MILLINGC1] UTILITY APPROVAL FORM POR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS PAGE 04 DATE: (5-[o 7 UTILITY COMPANY: (O K C a M F t .s ^ .> tog / tr APPLICANT NAME: ri �p ver -i.,..es -°` LICANTPHONE: ea —.8 —1 1r REQUESTED VACATION (applicant mus. check all that apply): l 0.4 Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. AlJcy Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-nway), described as follows: General location / Address (referring to attached document- must be completed") MY—TACIT legal description and graphic representation of what is being vacated- l rt{VE}) UTILITY COMPANY Y COMMENTS: v No objections to the var:atinn(.$) described above. No objections to the vacation(s) described above, provided following described casements are. retained. (State the location, dimensions, and purpose below-) No objections provided the following conditions arc met: j Sipmattuc of Utility Company Representative Title Sc--tr(Ley of 1521>rurnry 7006 nage 5 April 23, 2007 PI nning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 12 of 28 ezFeb.20. 2007: 9:02AM7944FAYSe CUST SVC DATE: O AMERICAN MILLING r,p UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY! S W -? C (:3 No. 1317 P W 02 APPLICANT NAME: ?Nis- u e l — C' ; \ vet- t REOTIF.STF.D VACATION (applicant must check all that apply): APPLICANT PHONE; fr)-8 k7ei - Utility Easement - Right-of-way for alley or streets and all utility casements 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 1 Address (referring to attached document- mustfbe completed**) lop Sad \ �0.&Y@ l^o-Q.f�.�. 1\Q (ATTACH legal description and graphic representation of what is being vacated -SURVEY) TTTILITY COMPANY COMMENTS: No objections to the vac-mien(n) dcsorTbcd above. • No objections to the vacation(s) described above, provided following described easements are retain (State the location, dimensions, and purpose below.) L - No objections provided the Following conditions are mat: Siguaturc of.Jtltility Company Representative Title v° aikeadt Febry PI VAC 07-251.c --2006 Fat r April 23, 2007 inning Commission Milver Investments Agenda Item 2 Page 13 of 28 2-14-07: 12:53PM;ARKANSAS WESTERN GAS 02/02/2007 14:49 47944'', DATE: AMERICAN MILL?' UTILITY APPROVAI. FORM FOR RIGHT- OF- WAY, ALLEY, ANA UTILA'1Y EASEMENT VACATIONS ;4795828258 # 3/ 4 7 PAGE 02 UTILITY COMPANY: s V eSkat•ti Gras APPLICANT NAME: ere - iR . i 1/41rr- •W.r rstr ._ iAPPLICANT PHONL-:1-7q' f - S )1 - 6 g 7 8 ItEQUESTED VACATION (applicant x,ast chock a71 that apply); 0 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 (referring to attached document- must be completed**) 5'00 l.J. PYoCs F t4 -t (4Tr4G7f legal description and graphic representation of what is being vacated -SUR VHF) UTILITYCOMPANYCOMMENTS: ^^ ✓ No objections to the vacation(s) described above. - No obiections to the vacation(s) described above, provided following described easements are retain (State the location, dimensions, and purpose below) - No objections provided the following conditions arc met: Signature of Ut lity C Tide any Representative ICs 41 Fcbru VAC 07-2f ry 2006 Page 3 April 23, 2007 Planning Commission 19 Milver Investments Agenda Item 2 Page 14 of 28 DATE: a -"a O `7 AMt<1UAN MILLI UTILITY APPROVAT, FORM FOR RICHT- OF- WAY, ALLEY, A_ND UTILITY EASEMENT VACATIONS PAGE 02 UTILITY COMPANY; . APPLICANT NAME; ?So y_ M , ` ki d re, ,s APPLICANT PHONE: _)..83 3 a si 7 REQUESTED VACATION (applicant mast check gl[ that apply): Utility Easement J ^) 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-ofway), described as (Callum: General location /Address (referring to attached document- must be completed") ') CO W. .l,l( II ?Po.t rt '�'a1p�-�.fU,-t yr (A1T4CHlegal de,<crfptfon and fitcryhic representation of what 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 casements are mtainr (State the location, dimensions, and purpose below.) No objections provided the following conditions are men tZ�1.ocastoi3 r QCI3C1 FAclLtnES taut_ Bs W.THE 13E21Dcue wM PE.R S E'cp E IMcLLW JC -1 Tb C Poss t 6 NLe. FOR (An UP( EI1587 c // Signature of Utility Company Representative 1-1N. scGaY'. - Et36.1>FI6/J Title 1 d 975Z5769817'OM/O7:Ot'MS/17:Ot LO. LZ Z (SOL) Febow VAC 07 v 2006 April 23, 2007 rfaitning Commission 2519 Milver Investments Agenda Item 2 PageoWA 28 03/06/2007 12:40 4794426867 DATE: 2/27/07 AMERICAN MILLING 03 WHIM AITRQVAL FORM FOR wont OF- WAY, AMY* AND 111U41TY FASEMOT VACATIONS UTILITY COMPANY: Water & Sewer /1 City of Fayetteville APPLICANT NAME: fintt Box/hfilver Investments APPLICANT PHONE: 283-3779 REQUESTED VACATION Opplicatit nz,S chsi at 1 that app49: Utility Easement XX- Right-of-way for alley or streets and all entity easements located within the vacated right- of- way. Alley • Street righbof-w4 I have been notified of the petition to vacate the following (alle)% etmemen4 right-obray), described as follows: General location /Address Outgoing to attached document- nowt be completed**, • *500 W. Pioide PAGE 02 (Armco legal descripilan mut praphie teresartatian °hien /ming vacatexl-SURPETO tarnCON'ANy CQA*41314TS: objections to the vacationO) described above. No objections to the vacation® described above, provided following described easements arc retained. (Statethe location, dunensions, and pmpose below.) • No objections provided the following conditions arc ram: iAls1/4 ritepresentstive t24 0F5 kir April 23, 2007 PI/arming Commission VAC 07-25L Milver Investments Agenda Item 2 Page 16 of 28 02/28/2007 16:35 FAX 4794443490 COF TRANSPORTATION DIVIS UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/27/07 UTILITY COMPANY; Transportation Division/City of Fayetteville APPLICANT NAME: Burt Box/Milver InveMMents_ APPLICANT PHONE: 283-3279 REQUESTED VACATION (applicantnta t check all that apply). O Utility Easement ?DU Right-of-way for alley or streets and all utility easements located within the vacated right- of - • Alley O 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"") "S00 W. Prairie y. @1002 (4TTACHIegal descriplion and graphic representbtlon of what is being vacated-SURVVEY) 1LITY COMPANY COMMENTS: o objections to the vacation(s) described above. • No objections to the vacations) described above, provided following described easements are retained, (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 17 of 28 02/27/2007 TUE 16:24 FAX 479 444 3478 COF SOLID WASTE & RECYCL ij002/002 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 2/27/07 UTILITY COMPANY: Solid Waste Division of City of Fayetteville APPLICANT NAME: Burt Box/Milver Investments APPLICANT PHONE: 283-3279 REQUESTED VACATION (applicant must check all that apply): Utility Easement XX— 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 1 Address (referring to attached document- must be completed**) **500 W. Prairie (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: ONO 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 following conditions are met: Signature of'Iffy Company Reprresentatiive Title April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 • Page 18 of 28 ZO 39Vd 200 d neweipiaialetiai oeun-ianszt. ay.. •022120CI4 uns...4 tn.>. •nn -es, • • ra •Walagini Lima •*DI INSIA1d013A30 311IA3 URANIA panos - SiN3V11.1.SJANI 113A111011 Own Ariel atiu 0 .44771, 0 g c 2.;14040.1 •• • .;ziecOtaTt "rt.„ L-- _--• O3, JilIN NVOI831AIV /9R92M) April 23, 2007 Planning Commission VAC 07-2519 Mi ver Investments Agenda Item 2 JZ126EiLl7 gg:gt LOGZ/Bg9qe. of 28 )1:01 (isinwl)nna-k7-mwr 3IOTI/B3P0 WW S.L 731310UV 'V31 ' 31 V 1 DOSS V 8 NWW323IHS N3)1 won, uewanysu21 flay 0990122.6/1' 06LL-296L63NOHd COM SVSNVN8V '311N31-13Atl3 OA1S 20122121153' 2291. 531v10055v 9 2210432112 238 sueSpy •31112011062) GNB J S3M IV 111W EINEM III' ....y IIIT IIOfI'�- �ra----1==mm O 0 J z Ji ��i1.1 ; d,11• df 0 0 J w w CC CO CO CO z_ 0 m z w J F, �IIIII �I �i9 i J April 23, 2007 Planning Commission VAC 07-'519 Milver Investments Agenda Item 2 Page 20 of 28 0990-{Z56Lp%tlA 96.14- C3N0Hd VOL V '3IIArnJ3Atl3 'GA1S NOISSIW 1SV46891-531V I3OSSV NVW3HIHS N3N • BSVE,Vy '91II1,91104Pd GN=1S3MIV11IW a m N - BUILDING A VAC 07 April 23, 2007 Planning Commission 2519 Milver Investments Agenda Item 2 Page 21 of 28 S.1.0311HOUV 'S31VIOOSSV Nb W3WHS N9N woo uewaFVsu&)j O3 0900-1Z3-6 A Y6 {Z9'6L63N0Hd LOL2L EVSNVNtiv '311hA3L3AVA 'OA1B NOISSIW 1S03609k- 531VIOOSSV H Ntl13tl1HS N3N sueOV'aI11Penatted ONS 1S3M J V 11IW m U' z 0 J_ 5 Z 0 H Q W W H 0 VAC 07-2 April 23, 2007 Planning Commission 519 Milver Investments Agenda Item 2 Page 22 of 28 30[ea StD3113031V "V'd' 331V17OSSb3 NV313313S 33)1 wer Veal N(jlreN 0990-1-ZSSZ - S31VIOOSSV 9 NbW3HIHS N3 sueNly'aprnepeAej ONS SRM IV IIIIN O Z 0 J_ 0 W J W 0 O Z April 23, 2007 Planning Commission VAC 07-'519 Milver Investments Agenda Item 2 Page 23 of 28 VAC 07 -2S 19 (M') I ver lnvessrne h1"S� Proposed r:o�1,.�-O'-way vet 60 30 1 inch equals 50 feet 0 60 Feet April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 24 of 28 April 23, 2007 Planning Commission VAC 07-2519 Milver Investments Agenda Item 2 Page 25 of 28 VAC07-2519 Close Up View MILVER INVESTMENTS Overview April 23, 2007 Planning Commission VAC 07-2519 Milver Investments A.enda Item 2 Page 26 of 28