HomeMy WebLinkAbout2008-04-14 - Agendas - FinalTayelteyi;le
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, April 14, 2008, 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. Presentation of request — Applicant
D. Public Comment
E. Questions & Answer with Commission
F. Action of Planning Commission (Discussion & Vote)
NOTE TO MEMBERS OF THE AUDIENCE
It' 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.
2008 Planning Commissioners
Sean Trumbo
Lois Bryant Matthew Cabe
James Graves Porter Winston
Audy Lack Christine Myres
Jeremy Kennedy Jill Anthes
a'F ye...�vi�le
TENTATIVE AGENDA
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday, April 14, 2008, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Consent Agenda:
1. Approval of the minutes from the March 24, 2008 meeting.
2. CCP 08-2918: (STADIUM CENTRE COTTAGES, 557): Submitted by H2 ENGINEERING, INC. for
property located at LOTS 12-14 OF THE STADIUM CENTRE COTTAGES. The property is zoned R-PZD,
RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 2.45 acres. The request is to
amend the approved R-PZD 06-2212 with a replat of Lots 12-14. Planner: Jesse Fulcher
3. VAC 08-2951: (SHOPPES AT WEDINGTON, 401): Submitted by MCCLELLAND CONSULTING
ENGINEERS for property located at N & W OF WEDINGTON AND SALEM ROAD, W OF THE BANK OF
THE OZARKS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately
2.24 acres. The request is to vacate 5,997 square feet of a utility easement within the subject property.
Planner: Jesse Fulcher
4. LSP 08-2950: (SHOPPES AT WEDINGTON, 401): Submitted by MCCLELLAND CONSULTING
ENGINEERS for property located at LOT 2 OF ELDER APTS., N OF WEDINGTON DR. AND W OF SALEM
DR. AND THE BANK OF THE OZARKS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL
and contains approximately 3.40 acres. The request is to divide the subject property into two tracts of 2.24 and
1.16 acres. Planner: Jesse Fulcher
Unfinished Business:
5. CUP 08-2922: (LIGHT TOWER, LLC & VERIZON, 400): Submitted by TRACY WOODEN for
property located at 1363 N. RUFFLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL
and contains approximately 1.11 acres. The request is for a wireless communication tower.
Planner: Jesse Fulcher
STAFF HAS RECOMMENDED THIS ITEM BE TABLED INDEFINITELY.
6. RZN 08-2934: (NEWELL/MORTON, 404): Submitted by JAKE NEWELL & CLAY MORTON MNI,
LLC for property located at 1141 HENDRIX. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.37 acres. The request is to rezone the subject property to RSF-8,
Residential Single Family, 8 units per acre, subject to a Bill of Assurance. Planner: Andrew Garner
New Business:
7. ADM 08-2978: (SCAIFE, 100): Submitted by KEVIN NALLEY/KINAX CONSTRUCTION for property
located at 3826 MONTE VALLO MANOR (LOT 42 COPPER CREEK S/D.) The request is for a variance from
circle driveway separation requirements. Planner: Andrew Garner
8. LSP 08-2948: (DAVIDSON, 482): Submitted by JOHN DAVIDSON for property located at 1614 SAWYER
LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.69
acres. The request is to divide the subject property into two tracts of .45 and .24 acres.
Planner: Dara Sanders
9. LSD 08-2903: (SHOPPES AT WEDINGTON, 400: Submitted by MCCLELLAND CONSULTING
ENGINEERS for property located at WEST OF THE SALEM ROAD AND WEDINGTON DRIVE
INTERSECTION. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately
2.24 acres. The request is for a 15,750 s.f. commercial/retail building with associated parking.
Planner: Jesse Fulcher
10. CUP 08-2942: (NATURAL STATE HEALING ARTS, INC., 524): Submitted by LISA FOGEL for
property located at 534 HUNTSVILLE ROAD. The property is zoned RSF-8, SINGLE FAMILY - 8
UNITS/ACRE and contains approximately 1.46 acres. The request is for a home occupation for two in-home
professional offices. Planner: Dara Sanders
11. CUP 08-2944: (CARSON, 755): Submitted by SANDY CARSON for property located at 3940 S.
SALLY'S PLACE, S OF BAILEY DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and
contains approximately 2.17 acres. The request is for an accessory structure with 50% greater floor area than the
principal structure. Planner: Dara Sanders
12. CUP 08-2955: (MONTEREY APARTMENTS, 483): Submitted by COMMUNITY BY DESIGN, LLC
for property located at 615 WEST LAFAYETTE STREET. The property is zoned RMF -40, MULTI FAMILY -
40 UNITS/ACRE and contains approximately 0.27 acres. The request is to allow a reduction in the number of
on-site parking spaces below that required by Chapter 172. Planner: Dara Sanders
13. CUP 08-2954: (PERSIMMON NURSING HOME, 477/478): Submitted by JORGENSEN & ASSOC for
property located at S AND E OF PERSIMMON AT 46TH AVENUE. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 11.18 acres. The request is for a nursing home on the
subject property. Planner: Andrew Garner
14. R-PZD 07-2793: (FOREST HILLS, 440): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for
property located at WEDINGTON DRIVE, S OF SALEM ROAD. The property is zoned R -A, RESIDENTIAL -
AGRICULTURAL and contains approximately 82.39 acres. The request is for Zoning and Land Use approval
for a Commercial Planned Zoning District with a maximum 600 dwelling units and 206,102 s.f. of non-
residential space. Planner: Jesse Fulcher
15. R-PZD 08-2915: (HILL PLACE, 561): Submitted by APPIAN CENTER FOR DESIGN for property
located at THE SW CORNER OF THE 6TH STREET AND HILL AVENUE INTERSECTION. The property is
zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT (ASPEN RIDGE) and contains approximately
27.10 acres. The request is for zoning, land use, and large scale development approval for a Residential Planned
Zoning District with 288 multi -family dwelling units, a community building and associated parking.
Planner: Andrew Garner
16. VAC 08-2916: (HILL PLACE, 561): Submitted by APPIAN CENTER FOR DESIGN for property located
at THE SW CORNER OF THE 6TH STREET AND HILL AVENUE INTERSECTION. The property is zoned
R-PZD, RESIDENT. PLANNED ZONING DIST. and contains approximately 27.10 acres. The request is to
vacate various utility easements and right-of-ways within the subject property.
Planner: Andrew Garner
17. R-PZD 06-2170: (VILLAS AT STONEBRIDGE, 645/646): Submitted by APPIAN CENTRE FOR
DESIGN for property located S OF HWY. 16E AND E OF GOFF FARM ROAD. The property is zoned R -A,
RESIDENTIAL -AGRICULTURAL and contains approximately 53.03 acres. The request is for zoning, land use
and preliminary plat approval for a Residential Planned Zoning District with a maximum of 354 dwelling units
and 65,000 s.f. of non-residential space. Phase I development approval consists of 91 single family lots.
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 arc open
and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties
are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required.
For further information or to request an interpreter, please call 575-8330.
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of April 14, 2008
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April 9, 2008
CCP 08-2918: Concurrent Plat (STADIUM CENTRE COTTAGES, 557): Submitted by H2
ENGINEERING, INC. for property located at LOTS 12-14 OF THE STADIUM CENTRE
COTTAGES. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 2.45 acres. The request is to amend the approved R-PZD 06-2212 with a
replat of Lots 12-14. Planner: Jesse Fulcher
Findings:
Property & Proposal: The subject property consists of approximately 2.45 acres located at the
southwest corner of Old Farmington Rd. and Sandra St., just north of 6th Street. The Fayetteville
City Council approved R-PZD 06-2212 (Stadium Centre Cottages) on December 19, 2006 for zoning
and preliminary plat approval of a residential development with 11 single-family dwellings and 6
two-family dwellings in one Planning Area. The single-family portion of the development is located
along Old Farmington Rd. on Lots 1-11 and the two-family portion of the development is situated to
the south on Lots 12-14.
The Fayetteville City Council approved Ordinance No. 5119 on March 18, 2008, amending the
approved zoning criteria to change the lot width and lot area requirements, so that the approved two-
family structures located on Lots 12-14 may be developed as townhouses and sold individually.
With approval from the City Council to reduce the lot widts and areas, the applicant now requests
approval of a concurrent plat to subdivide Lots 12-14 into Lots 12A, 12B, 13A, 13B, 14A and 14CB.
Surrounding Land Use/Zonine:
Direction
Land Use
Zoning
North
Residential
R-PZD 06-2112
South
Commercial
C-1
East
Residential
R -A
West
Residential
R-PZD 06-2212
Right-of-way dedication: Sufficient right-of-way has been dedicated for Old Farmington Road to
meet the minimum requirements of the Master Street Plan.
Water/Sewer/Street Improvements: Utility infrastructure and street improvements have been
evaluated as part of the preliminary plat for the development. This subdivision does not affect those
original improvements, and all conditions thereof remain applicable.
Access: Private streets serve the subject development with direct access to Old Farmington Road.
K:IReparts120081PC Reports107-April 141CCP 08-2918 (Stadium Centre Cottages Lots 12-14).doc
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 1 of 10
The development also has access to 6th Street through an access easement platted with the
commercial development to the south.
Parkland Dedication: Fees in -lieu of parkland dedication were paid prior to recordation of the final
plat. However, the fees for the units on Lots 12-14 were based on a multi -family designation. The
concurrent plat will change the designation for Lots 12-14 to single-family, since each unit will be
located on a separate lot. Therefore, $3,402.00 is due prior to signing the concurrent plat.
Recommendation: Staff recommends approval of CCP 08-2918 with the following conditions:
Standard Conditions of Approval:
1. All conditions of approval and zoning criteria associated with R-PZD 06-2212, except
that modified by the Fayetteville City Council, shall remain in force.
2. The following revisions shall be made prior to the plats and submitted to Planning for
review prior to obtaining signature:
a. Remove the signature blocks for Water/Sewer, Streets/Drainage and Parks
Dedication.
b. Replace the zoning criteria provided for Lots 12-14 and replace with the original
zoning criteria as amended by the City Council.
c. The exterior side setbacks, as approved by the PZD for Lots 12-14, are 5'.
3. Provide two (2) copies of the revised plats (Lots 1-16) and booklets with amended zoning
criteria.
4. Parks fees in the amount of $3,402.00 are due prior to signing the concurrent plat for
recordation.
5. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Conmrunications).
Additional Conditions:
Planning Commission Action: 0 Approved ❑ Denied
Motion:
Second:
Vote:
Meeting Date: April 14, 2008
Comments:
The "Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K:IReports120081PC Reports107-April141CCP 08-2918 (Stadium Centre Cottages Lots 12-14).doc
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 2 of 10
THE CITY OF FAYETTEVILLE, ARKANSAS
PC Meeting of April 14, 2008
TREE PRESERVATION and PROTECTION REPORT
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3472
To: Fayetteville Planning Commission
From: Carole Jones, Interim Urban Forester
Date: April 8, 2008
ITEM # CCP 08-2918: Concurrent Plat (Stadium Centre Cottages)
Requirements Submitted:
Canopy Measurements:
Initial Review with the Urban Forester
Y
Site Analysis Map Submitted
Y
Site Analysis Written Report Submitted
Y
Complete Tree Preservation Plan Submitted
Canopy Measurements:
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 3 of 10
acres
2.45
square feet
106,722
dare
acres
0.07
square feet
2,940.4
percent of site area
2.75%
PLC`S^¢.-68.6
acres
0.04
square feet
1,676.3
percent of total site area
1.57%
31r1`.e1
2.75%
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 3 of 10
FINDINGS:
This site was originally reviewed with the large scale development of the
commercial space Stadium Centre. This concurrent plat will subdivide Lots
12 —14 into six lots (12A, 12B — 14A, 14B). Stadium Centre Commercial,
south of this property and owned by same developer, was required to plant
107 mitigation trees on-site or pay money in lieu. Twenty-four of the 107
mitigation trees were planted before the certificate of occupancy for the
commercial project was released. Thirteen of these were planted within the
detention facility shared by both projects. The remainder of the money
($2O,75o) was paid into the City of Fayetteville's Tree Escrow account.
Conditions of Approval:
1. The 3 -year letter of credit to the City for maintenance and monitoring in the
amount of $6,000 shall be extended before the certificate of occupancy is
granted on the last cottage.
April 14, 2008.
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 4 of 10
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 444-3469
TO:
FROM:
DATE:
SUBJECT:
Meeting Date:
Item:
Park District:
Zoned:
Jesse Fulcher, Planner
Alison Jumper, Park Planner
April 1, 2008
Parks & Recreation Subdivision Committee Comments
April 3, 2008
CCP 08-2918 (Stadium Centre Cottages, 557)
NW
R-PZD
Billing Name & Address: Bleaux Barnes and Mike Jones, 5571 Bleaux Ave, Springdale, AR
72762
Land Dedication Requirement
Single Family @ .024 acre per unit =
Multi Family @ .017 acre per unit =
Lot Split
COMMENTS:
acres
acres
Money in Lieu
@ $960 per unit = $
@ $680 per unit = $
@ $960 per unit = $
• Parks fees in the amount of $8,463 for 11 single family and 6 multi -family units have
been paid.
• Fees are assessed in the amount of $3,402 from the change from multi -family units to
single family units.
• Original plat: 6 x $393 (MF rate) =$2,358
• Concurrent plat: 6 x $960 (SF rate) = $5,760
• Remaining fees = $3,402
• Fees are due prior to final plat.
CCP 08-2918
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 5 of 10
CN2
ENGINEERING, INC.
January 31, 2008
City of Fayetteville
Planning Division
City of Fayetteville
113 West Mountain St.
Fayetteville, AR 72701
RE: THE STADIUM CENTRE COTTAGES, LOTS 12-14
CONCURRENT PLAT & AMENDED RPZD06-2212
To Whom 1t May Concern:
Please accept this letter as our official request for Concurrent Plat approval and
amendment to RPZD06-2212 for Lots 12-14 of The Stadium Centre Cottages. The intent
of this application is to amend the approved zoning district (RPZD06-2212) to reflect the
split of three two-family lots in order to create individual lots for each living unit. This
solution is brought at the request of lending institutions in order to more clearly define
ownership limits for the proposed units.
Respectfu
tiff
mas Hennelly, P E
H2 Engineering,
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 6 of 10
ORDINANCE NO. 5119
AN ORDINANCE AMENDING A RESIDENTIAL PLANNED
ZONING DISTRICT ENTITLED R-PZD 06-2212, STADIUM
CENTRE COTTAGES, LOCATED AT THE SW CORNER OF
ONE MILE ROAD AND SANDRA STREET, CONTAINING
APPROXIMATELY 2.45 ACRES, TO REFLECT REVISED LOT
WIDTH AND LOT AREA REQUIREMENTS AS DESCRIBED
AND DEPICTED HEREIN.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That R -PGD 06-2212 (Stadium Centre Cottages) as passed and approved by the , City Council on December 19, 2006 with Ordinance No. 4960 is hereby amended to reflect the lot
area and lot width zoning criteria included in (Exhibit "A") attached hereto and made a part hereof
Section 2: That the amendment approval is subject to the Conditions of Approval as follows:
1. Future subdivision of the property shall be limited to Lots 12-14..
2. A replat of Lots 12-14 shall be required to be approved and recorded.
PASSED and APPROVED this 18th day of March, 2008.
Al 1 EST:
NDRA E. SMITH, City Clerk/Treasurer
April , 2008
Planning ission
CCP 08-2918 Stadium Cent es
A tem 2
age of 10
CCP08-2918
Close Up View
STADUM CENTRE COTTAGES
Overview
April 14, 2008
Planning Commission
08-2918 Stadium Centre Cottages
Agenda Item 2
Page 8 of 10
STADIUM CENTRE COTTAGES
Overview
Legend
Subject Property
CCP08-2918
Boundary
Planning Area
6
n�0 , Overlay District
Outside City
0 0.25 0.5
Legend
Elite Hillside -Hilltop Oh
1
erlay District
April 14, 2008
Planning Commission
FECg-2918 Stadium CeAngterenc?aolttearrs
Page 9 of 0
April 14, 2008
Planning Commission
CCP 08-2918 Stadium Centre Cottages
Agenda Item 2
Page 10 of 10
ar
e
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of April 14, 2008
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: April 9, 2008
VAC 08-2951: (SHOPPES AT WEDINGTON, 401): Submitted by MCCLELLAND
CONSULTING ENGINEERS for property located at N & W OF WEDINGTON AND
SALEM ROAD, W OF THE BANK OF THE OZARKS. The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The
request is to vacate a 5,997 square feet of a utility easement within the subject property.
Planner: Jesse Fulcher
Findings:
Property Description and Background: The 2.24 -acre property is located west of the
intersection of Wedington Drive and Salem Road. The applicant is proposing to develop
a one-story retail building containing a total of 15,750 square feet with 68 parking spaces on
the property (Shoppes at Wedington LSD 08-2903). There is a 20 -foot wide utility easement
that traverses north -south along the western portion of the site that needs to be vacated in
order to develop the property.
Request: The applicant is requesting to vacate 5,997 square feet of the existing 20 -foot
utility easement in the western portion of the site in order to allow the development of the
Shoppes at Wedington on the property. An exhibit showing the proposed vacated area
has been provided by the applicant and is attached to this report.
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:V2eports\2008\PC Reports \07 -April 14\VAC 08-2951 (Wedington Retail).doc
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 1 of 18
Arkansas Western Gas
AT&T Arkansas
No Objections
No Objections. The signed
concurrence must be recorded at the
Washing County Circuit Clerk.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Recommendation: Staff recommends forwarding VAC 08-2951 to the City Council
with a recommendation of approval to vacate the easements as depicted herein with the
following condition:
1. The utility easement vacation concurrence signed by AT&T must be recorded at
the Washington County Circuit Clerk.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: 0 Forwarded ❑ Denied 0 Tabled
Date: April 14, 2008
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
Date
9C\Reports\2008\PC Reports\07-April 14\VAC 08-2951 (Wedington Retail).doc
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 2 of 18
M£'E
CONSULT McCLELLAND
NG
I DESIGNED TO SERVE 1/ ENGINEERS, INC.
1810 N. College Avenue
P.O. Box 1229
Fayetteville, Arkansas 72 703 / 72702-1229
PHONE: 479-443-2377
FAX: 479-443-9241
March 4, 2008
City of Fayetteville
Planning Division
113 West Mountain Street
Fayetteville, Arkansas 72701
RE: Lot 2 Elder Apartments, Wedington Drive
Easement Vacation Request
(LSD 00-2903, Wedington Retail Center)
Dear Planning Staff,
Submitted for your approval is an easement vacation request for the above-mentioned
project. Our client, Bank of the Ozarks is seeking to have the easement in question
vacated (please see attached supplemental information). In accordance with the easement
vacation application checklist, I have included the following with this submittal:
application fee, legal description of easement to be vacated and corresponding survey,
abstractor's certificate of ownership, two sets of mailing labels, copy of the plat of
record, and a petition to vacate. Notification of this request has been sent to the adjacent
property owners via certified mail.
As comments from the governing utility companies arrives, I will forward them along to
the Planning Division at my earliest available opportunity.
Please review the attached information and let me know if you have any
questions/concerns, or need any additional information at this time.
Sincerely,
0
Leslie Munzner
McClelland Consulting Engineers, Inc
443-2377
Imunzner(a/McClelland-engrs.com
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 3 of 18
January 25, 2008
City of Fayetteville
Planning Commission and City Council
113 West Mountain Street
Fayetteville, Arkansas 72701
RE:
Petition to Vacate an Easement
Located in Lot 2 of Elder Apartments
City of Fayetteville, Arkansas
We, the undersigned, being all the owners of the real estate abutting the easement
hereinafter sought to be abandoned and vacated, lying in Lot 2 of Elder Apartments, City
of Fayetteville, Arkansas, a municipal corporation, petition o vacate an easement which is
described as follows:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerks Office for
Washington County, Arkansas, Plat Record 23-100 and being more particularly described
as follows: From the Southwest Corner of said Lot 2 thence along the South line of said
Lot 2 South 87 degrees 15' 30" East — 51.99 feet to the POINT OF BEGINNING, thence
North 2 degrees 52' 43" West along the West line of an existing 20 foot utility easement
as shown on said Plat Record 23-100 a distance of 311.94 feet to a point on the North line
of said Lot 2; thence along said North line South 87 degrees 07' 18" East — 20.10 feet to a
point on the East line of said existing 20 foot utility easement; thence along said East Line
South 2 degrees 52' 43" East — 311.89 feet to a point,on the South line of said Lot 2;
thence along said South line North 87 degrees 15' 30" West — 20.10 feet to the POINT
OF BEGINNING.
That the abutting real estate most directly affected by the abandonment of the easement
are Lot 1 & 2 of Elder Apartments, City of Fayetteville used by the public for a period of
many years, and that the public interest and welfare would not be adversely affected by
the abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas abandon and vacate the above
described real estate, subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting
property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject to said utility and sewer easements, and that title to said real estate sought to be
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 4 of 18
abandoned be vested in the abutting property owners as provided by law, and as to that
particular land the owners be free from the easements of the public for the use of said
easement.
Dated this 2 5 day of
Jack 14cCray
Printed Name
oary ,20 08
Signature
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 5 of 18
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: March 3, 2008
Utility Company:
02-A 5 of ci
Applicant Name: MCE / Bank of the Ozarks Applicant Phone: 411.443 23'7-7
REQUESTED VACATION (applicant must check alt 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 (referring to attached document- must be completed**)
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
l
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 Utility Company Representative
Title
SyS tem STfik/A.1 re cif
April 14, 2008
Planinommission
VAC 08-2951 Shop p W Wedington
Agenda Item 3
Page 6 of 18
at&t
��✓�-� \%rite- .
41''1''n
April 1, 2008
Lynda Palmer
Manager -Engineering (ROW)
Right -of -Way & Joint Use Poles
McClelland Consulting Engineers, Inc.
Attn: Leslie Munzner
1810 North College Avenue
Fayetteville, AR 72701
AT&T Arkansas
1111 West Capitol
Room 941
Little Rock, AR 72201
T: 501.373.5255
E: 501.373.0229
lynda.palmer@att.com
RECEIVEDAPRs 2 2008
Dear Ms. Munzner:
RE: easement release - Wedington Retail Center - Fayetteville
Please find enclosed AT&T's concurrence in your request to the above
mentioned utility easement vacation.
This concurrence must be recorded at the Washington County Courthouse in the
office of the circuit clerk to be complete and legal. I would appreciate you
returning a copy of the document to me at the above address for my files.
If you have any questions or comments, please call me at 501-373-5255.
Sincerely,
4raza_acem..--
attachments
usA
S O[
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 7 of 18
at&t
CONCURRENCE TO VACATE
A DEDICATED UTILITY EASEMENT
BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone Company, d.b.a.
AT&T Arkansas, hereby concurs in the release of its interest in a dedicated utility easement
located in the City of Fayetteville, Washington County, Arkansas, to -wit:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerk's Office for
Washington County, Arkansas, Plat Record 23-100 and being more particularly described as
follows: From the SW corner of said Lot 2, thence along the south line of said Lot 2 South
87°15'30" East - 51.99 feet to the POINT OF BEGINNING; thence north 2°52'43" West along the
west line of an existing twenty foot utility easement as shown on said Plat Record 23-100 a
distance of 311.94 feet to a point on the north line of said Lot 2; thence along said north line
South 87'07'18" East - 20.10 feet to a point on the east line of said existing twenty foot utility
easement; thence along said east line South 2`52'43" East - 311.89 feet to a point on the south
line of said Lot 2; thence along said south line North 87'15'30" West - 20.10 feet to the POINT
OF BEGINNING.
Signed and executed this 31st day of March, 2008.
STATE OF ARKANSAS
COUNTY OF PULASKI
By:
an Davis
Di rector -Engineering /Construction
CORPORATE ACKNOWLEDGMENT
On this the 31st day of March, 2008, before me, the undersigned authority, duly commissioned and
qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis,
who, after being duly sworn, declared that he is the Director-Engineering/Construction for Southwestern
Bell Telephone Company, d.b.a. AT&T Arkansas, and that he executed the foregoing instrument as the act
and deed of said company of his own free will and for the purposes and considerations therein expressed
Soaginpth due authority.
f 4.
Imwitness whereof I hereunto set myhand and official seat.
�A
4a e P
I.:,OTAnfr: t,
y SL%G t
1p ?�ti P
April 14, 2008
Ly da E. Sommerfeldt Palmer
Notary Public in & for Faulkner Co.,
My commission expires August 10, 2011
.,...
Apr
Planning C
�o ommission
''PARED BY GRANTEE: AT&T Arkansas, 1111 West Capitol, Rm. 941, Little Rock, AR 72201 ,�( Saaoa/ ppes at Wedington
Agenda Item 3
Page 8 of 18
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY
AND UTILITY EASEMENT VACATIONS
DATE: 03/31/08
UTILITY COMPANY: Southwestem Bell Telephone Co. d.b.a. AT&T Arkansas
REQUESTED VACATION: UTILITY EASEMENT
I have been notified of the petition to vacate the following right-of-way for the Wedington Retail
Center in Fayetteville.
Described as follows:
A part of Lot 2 of Elder Apartments as recorded in the Circuit Clerk's Office for Washington
County, Arkansas, Plat Record 23-100 and being more particularly described as follows: From
the SW corner of said Lot 2, thence along the south line of said Lot 2 South 87°15'30" East —
51.99 feet to the POINT OF BEGINNING; thence north 2°52'43" West along the west line of an
existing twenty foot utility easement as shown on said Plat Record 23-100 a distance of 311.94
feet to a point on the north line of said Lot 2; thence along said north line South 87°07'18" East —
20.10 feet to a point on the east line of said existing twenty foot utility easement; thence along
said east line South 2°52'43" East — 311.89 feet to a point on the south line of said Lot 2; thence
along said south line North 87°15'30" West— 20.10 feet to the POINT OF BEGINNING.
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 Washington County courthouse in order for this
release to be complete and legal.
Signature of AT&T Company Representative:
a E. Sommerfeldt Pal er, Mgr.-Engr. (ROW)
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 9 of 18
Jan Gambill - MCE-flank of the Ozarks wedington drive.xls
A subsidiary of Southwestem Energy Company
UTILITY APPROVAL FORM FOR RIGHT-OF-WAY
ALLEY, AND UTILITY EASEMENT VACATIONS
DATE: Tuesday, March 11, 2008
UTILITY COMPANY: Arkansas Western Gas
APPLICANT NAME: MCE / Bank of the Ozarks APPLICANT PHONE: (479) 443-2377
REQUESTED VACATION:
Street
Utility Easement
Street and all the utility easements located within the vacated street
Right-of-way for alley or street
Right-of-way for alleys or streets and all utility easements located within the vacated right-of-way
Alley
Alley and all utility easements located within the vacated alley
X
I have been notified of the petition to partially vacate the following
Description described as follows:
Utility Easement
(Please see list above)
Legal description provided by MCE. Arkansas Western Gas would like to make MCE and Bank of
the Ozarks aware of two pipelines that run along the easement just to the North of Wedington Drive.
AWG currently has a 4" steel High Pressure and a 3" plastic distribution line located in this area.
These were not noted on your survey map. Please be aware of these lines during future planning
and development.
UTILITY COMPANY COMMENTS:
No objections to the vacates described above.
No objections to the vacates described above, provided following described easements are
retained. Please state the location, dimensions, and purpose below.
X
Steven R. Bandy
Fayetteville Assistant Operating Manager
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 10 of 18
Mar. 5. 2008 1:33PM
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: March 3, 2008
Utility Company:
Art' /siagpco
No. 4696 P. 2
Applicant Name MCE / Bank of the Ozarks Applicant Phone: 411' 4144 2,1
REQUESTED VACATION (applicant must chock 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 (referring to attached document- must be completed")
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
„No objections to the vacation(s) described above.
I1 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:
NSN� Lao,. AEP /sltlePc 0
Signature of U ty Company Representative
) G r4 T OF 141b:-/ '4 t; rn r
Title
April 14, 2008
Planning Commission
VAC 08-2951 SAwpaes at Wedington
Agenda Item 3
Page 11 of 18
03/17/2008 11:06 4794439241_
Date: March 3, 2008
MCCLELLAND ENGINEERS PAGE 02
0821U -k MAR7200#
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Utility Company: 2o0( L:On' nc1ni4a eon 5
Applicant Name:' MCE magintc of ibe'-0Ysd s.•
Applicant Phone: 411' 4431_31-7
REQUESTED
.43; _31 -
REQUESTED VACATION (applicant must check all that apply):
Utility Easement
QRight-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")
(ATTACH legal description and graphic 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 easements
are retained. (State the location, dimensions, and purpose below.)
No objections provided the following conditions are met
Sierttife of Utility Company Representative
Title
Con S 17a.c. J.-2 .Sedreves eases
PPSe$ April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 12 of 18
04/08/2008 TUE 7:12 FAX 479 684 4730 WATER & SEWER
VV„c Ivo :
443-Mt
UTILITY APPROVAL FORM
FOR RIGHT- OE- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: March 3, 2008
Utility Company: tv.e31641 4.- azivv. 2 v -
Applicant Name: MCE / Bank of the Ozarks 1 Applicant Phone: 411.143?23-4-1
REQUEST to VACATION (applicant must check alt that apply):
L1
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), desaibed as follows:
General location / Address (referring to attached document must be completed")
(ATTACH legal description and graphic 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 easements
are retained. (State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
Signature of Utility Compann epresentative
[J� S Cps Mc�r
Title
fitj0011)
Pa a5April 14, 2008
Plaing Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 13 of 18
03/10/2008 13:43 4794439247
03/06/2008 THU 12:01 FAX 479 44, ;478 COF SOLID WASTE & RECYCL
MCCLELLAND ENGINErRS
Dais: March 3, 200
Utility Company;
UTILITY AtTROVAL mud
FQg RIGHT Op- WAX. ALLEY, AND
UTILITY EAS!MSNT VACATIONS
Applicant Name M w ,
Applicant Phone:
REQUESTS" VACATION (appl>caxl mast duck all that anti):
baj Utility- Ment
1
PAGE 02
Q002/004
Right ok. sway for alley or streets and all nutty easements located within the vacated right-
of.
�of✓ way.
L-1 Alley
F-1 Street righeof way
f have beennoHCicd of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location 1 Address (referring to attached dortumenb• must be completed")
(AiiACk! legAt desatption enddraphlc representation of what is being vacate; -SURVEY?
UTILITY COMPAT dV COMMIENfS:
No objections to rho varattrvn(s) described above.
No objections to the vacation(s) described above, provided following descried easements
are retained. (State the location, dimensions, and purpose below_)
No objections provided the following Conditions are tart
April 14, 2008
Planning Commission
VAC 08-2951 khoppes at Wedington
Agenda Item 3
Page 14 of 18
03/12/2008 12:55 4794439241
03/11/2008 14:16 FAT 4704443490
Date: March 3, 2008
MCCLELLAND ENGINEERS
COF TRANSPORTATION DIVIS
r
UTILITY APPROVAL ERM
FOR RIGHT- OP- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
N '-
PAGE 02
It�002
Utility Company:
Applicant Name MCE 1 Banft Nte.OzaJlcs;. "" Applicant
REQUESTED VACATION (applicant must duck all that apply):
Utility Easement
145
411.4d142A1
Right-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
AUey
Street right-of-way
I have been notified of the petition to vacate the following (aUey, easement right -of way), described as follows:
General location / Address (tefeSng to attached documents must be completed")
(ATTACH' legal description and graphic representation of what is being vac*t d -SURVEY)
UTIUIY COIYVANY COMMENTS:
1Y) No objection to the vacatiott(s) described above.
JJ` No objections to the vacation(s) described above, providedfollowing deseibed easements
are retained. (State the location, dimensions, and purpose below.)
F
No objection provided the following conditions are Wet
("iaki,8-009gctikt,'pH tSlo*
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0* 0? *05-i*L“a6, •
&75 &
April 14, 2008
Planning Commission
VAC 08-2951 Shp at Wington
AgendaedItem 3
Page 15 of 18
LOT 1
ELDER APARTMENTS
(BK. 23. PG 700)
«6
'1269: R:,
e" 154''5 :,* a'
ELDER APARTMENTS
(BK. 23, PG. 100) Y
3.40 ACRES ±
N87°0340111 0 496.80
i er
ARKANSAS STATE HIGHWAY 16
(WEDINGTON DRIVE)
Eastsneht Vaccit .n Area
3EAL AND s4N2rvRE OF SURVEYOR
KRE NOT GMHATIED OR CONSIDERED AS A
LOCATED FROM FIELD SURVEY MEORu0006
N0 GUARANTEES THAT TH1 UNDERGROUND
00106700. ALTHOUGH THE SURVEYOR DOES
SHE AS POSSIBLE FROM 00200540000
.Y LOCATED IRE UNDERGROUND URLIBES.
THIS PLAT. 1910 SURVEY OGES NOT
04104 NA] BE APPuuBLE TO THE SUBJECT
£ EASEMENTS WWI *ERE VISIBLE AT 111E
SACK ONES RES1ICP0 COVENANTS
500 -USE REGULATIONS. 090 AN] OTHER
STARCH MAY DIS0.0SE.
100AL)
IENIIAL OISIRICT)
]HPONATr 5531EM. NA00}. NORM ZONE.
P.N. 765-23451-000
SURVEY OESCFUPIION:
LOT 20F ELDER APARTMENTS AS RECORDED IN 50620 GK 23 AT PAGE 100. SAID
LOT 2 BEING PART OF THE SWIM OF THE NW I/4 00 SECTION 7, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PMT1CUTARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN FOUND AT THE NORTHWEST 0)RNER OF SAN LOT 2;
THENCE S07°079.8'E 496.05 FEET TOA FOUND IRON PIN: THENCE 50294199W
298.7] FEET TO AN IRON PIN FOUND ON THE NORTH RIGHT ORWAY LINE OF
ARKANSAS STATE HIGHWAY 16 (WEDINGTON DRIVE) AS 055CTIOEO IN DOCUMENT
2006-49316; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE 003403'40 W 496.80
FEET TOA FOUND IRON PIN; ]HENCE DEPARTING SAID NORTH RIGHT-OF-WAY TINE
0021520225 298.20 FEET TO THE POINT OF BEGINNING, CONTAINING 3.40 ACRES,
MORE OR 1600. 000100E TO ANY EASEMENTS, COVENANTS OR RE5IRICUON507
RECORD OR FACT.
MOOD THIS PROPERTY 15 NOT04. 001 A+vw[5NRLY ESTABLISHED
ILIMAYAR ETEA71NFO BY WALING 1N1000ONAL 8000
1re1PAN 600GRAN. L0001N9Awa' Lair MAP 200 WASHINGTON
COUNTY, ARKAWASANO INCORPORATED AREAS.
RH 0001550 0 TE 301721.11994
April 14, 2008
Planning Commission
VAC 08-2951 Shoppes at Wedington
Agenda Item 3
Page 16 of 18