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Home My WebLink About2008-11-10 - Agendas - Final ayve T"r ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,November 10,2008,5:30 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 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. 2008 Planning Commissioners Sean Trumbo Lois Bryant Matthew Cabe James Graves Porter Winston Andy Lack Christine Myres Jeremy Kennedy Jill Anthes a e e;i le ARKANSAS TENTATIVE AGENDA The City of Fayetteville, Arkansas 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,November 10, 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 October 27,2008 meeting. 2. VAC 08-3136: (CMN Business Park, Lots 8 & 14): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at CMN BUSINESS PARK, LOTS 8 & 14, NE CORNER OF STEELE BLVD. AND VAN ASCHE DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 22.75 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher 3. VAC 08-3130: (SISEMORE / CHINA BERRY LN., 556): Submitted by DONNA STEWART for property located at 1326 S. CHINA BERRY LANE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.29 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Dara Sanders 4. ADM 08-3151: (ARMI CONTRACTORS DRIVEWAY VARIANCES, 643/604): Submitted by CLARK CONSULTING for property located at 1860 EAST PUMP STATION ROAD. The property is zoned I-2, GENERAL INDUSTRIAL and contains approximately 4.06 acres. The request is for variances of the minimum curb radius and driveway width for a commercial driveway for the entrance into the ARMI Contractors facility. Planner: Andrew Garner Unfinished Business: 5. ADM 08-3127: (APPLEBY LANDING): Submitted C.R. CRAWFORD CONSTRUCTION for property located at 3017 N. BOB YOUNKIN ROAD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 2.17 acres. The request is to vary the requirement to screen mechanical and utility equipment. Planner: Jesse Fulcher 6. CUP 08-3123: (PBI MEDICAL, INC., 563): Submitted by JEFF & THOMAS BROWN for property located at 685 HUNTSVILLE ROAD. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.37 acres. The request is for medical oxygen storage in the Downtown General zoning district, a change from one non-conforming use to another. Planner: Jesse Fulcher The applicant has requested this item be tabled until the December 08 Planning Commission meeting. 7. C-PZD 08-3121: (CORE PET WELLNESS, 292): Submitted by BLEW& ASSOCIATES for property located at 2406 N. OLD WIRE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.58 acres. The request is for Zoning and Land Use approval only for a Commercial Planned Zoning District to permit a veterinarian's office in the existing structure. Planner: Andrew Garner New Business: 8.ADM 08-3152: (LEVI STORAGE CENTER): Submitted by Edward Hurley for property located at W. 15TH ST., S OF SCHOOL STREET. The property is zoned I-1, Heavy Commercial and Light Industrial. The request is for a variance from landscaping and street tree requirements in Ch. 177.04 of the U.D.C., Unified Development Code. Planner: Dara Sanders 9. CUP 08-3129: (COX COMMUNICATIONS FACILITY, 486): Submitted by DEBBIE FULWILER, ELEMENTS OF ARCHITECTURE for property located at 300 N. WILLIAMS DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.45 acres. The request is for a 1,290 s.f. building for equipment housing. Planner: Andrew Garner 10. RZN 08-3131: (NALL / JAMES STREET, 404): Submitted by MARTY & LAURA NALL for property located at 1211 W. JAMES ST., SW OF GARLAND AND MT COMFORT. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.66 acres. The request is to rezone the subject property to R-O,Residential Office. Planner: Data Sanders 11. I-PZD 08-3062: (WESTSIDE STORAGE,400): Submitted by STEVE CLARK for property located at 1192 N RUPPLE ROAD. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.77 acres. The request is to review a zoning and land use only application for an additional climate controlled storage building, a new entrance from Wedington Drive with new management buildings at that entrance. 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. 7aye PC Meeting of November 10, 2008 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE 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: November 4, 2008 VAC 08-3136: (CMN Business Park, Lots 8 & 14): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at CMN BUSINESS PARK, LOTS 8 & 14, NE CORNER OF STEELE BLVD. AND VAN ASCHE DR. The property is , zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 22.75 acres. The request is to vacate a portion of a utility easement on the subject property.. Planner: Jesse Fulcher Findings: Property Description: The subject property consists of Lot 8 and Lot 14 of CMN II Phase I and II respectively. The lots are located at the northeast corner of Van Asche Drive and Steele Boulevard and are currently undeveloped. The 0.61-acre easement is centered on the lot line between lots 8 and 14 and contains no existing utility lines. Request: The applicant is requesting to vacate a portion of the existing 40' utility easement. The applicant has submitted the required notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objection. Arkansas Western Gas No Objections AT&T Arkansas No Objections. CITY OF FAYETTEVILLE: RESPONSE November 10,2008 Planning Commission K:92eports\2008\PC Reports\21-November 10\VAC 08-3136(CMN Lots 8_14).doe VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 1 of 16 Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3136 to the City Council with a recommendation of approval with the following conditions: 1. Any relocation or damage to existing facilities shall be at the owner/developers expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: October 13,2008 Motion: Second: Vote: November 10,2008 Planning Commission -- K:1Reports\2008%PC Reporrs\21-November 10\VAC 08-3136(CMN Lots 8_14).doc VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 2 of 16 Oct. 21. 2008 3:01 PM No. 5828 P 2' Cr111M APPROVAL FORM FOR RIGHT ON WAY,ALLEY,AND UTiLM BASEMENT VACATIONS Date: 09125/088� �" /� f'1 uatY ComP�Y l7/ m aI 6",r_ ewd=`B m,olirrry Applicant Name: Mike Morgan(McClelland Consulting Engineers) Appitcmt Phone: 479.443.2377 REQUESTED VACATION(appltcmrt must dI off aat apply); M 'Ttmty Tsasement Right-o&Way fee alley or vireets and aRutlhty eaMMMts Mo&W Within the vacated 40b. of-way. 0 AEey Street liglkW-way I havebeen notified of the petition to vacate the tonowing(alley,easement,right-of-way),dwwjbed as Miow General huatioa/Address(referring to attached doermeent-most be completed•u) (ATTACU legal dewVtwx wdgraphfe rMweetation of what is bang vacated-SURVEY) UTIIM ODMPANY COD24MM No objections to the vacation(s)dexxibed above. iNo objections to the vacation(a)described above,provided following described easements are retadn 4(State the locatiori,dtmensiona,and purpose below.) d No objechons provided the following oondffiow are met E404ture of ie PAY Representative Tide Pages November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 3 of 16 09-. )8;�2: 12PM; ;4796844617 # 2/ 2 U`MrrY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEhOW VACATIONS Data-. 09/25f08 Utilltycomputy; taf yg IC. Applicant Name: Mike Morgan(MrCtelland Consulting Engineers) Applicant Phone: 479443-2377 REQUESM VACATION(applkmf nizist dim*all that apply): Utility Easement. light f-way for allay or streets and all utility easements located within the vacated right- of-way. Alley Street riot-of-way I have been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location/Address(refesAmg to attached document-mostbe completed") (A7TACTZ Zigal dma4Won mWV"hk rquumbdion of what is being vacirted-SURF1W UTOM COMPANY COMMENTS: No objectionsto the vacation(s)described above. —rh k S t5 !N P Sle f V.,C 0- No cbjec ow to the vacation(s)desw1mil above provided following dacgo)cd easements am wwne<L(State the location,dimemiam,and purpose Wow.) No objections provided the following corditiow are met Sipa M Utility Company Representative 4-ext cl 57iwAwa 7—ca-t,- Rile Par 5 November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 4 of 16 i UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS Date: 09/25/08 Utility Company: A RkAN SA S lQt s1e4�a 9A r Applicant Name: Mike Morgan(McClelland Consulting Engineers) Applicant Phone: 479-443-2377 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(referring to attached document-must be completed") (ATTACH legal description and graphic representation of what is being vacated-SURVEIL UTILITY COMPANY COMMENTS: F-7'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 Signa//t''ure of Utility Compady Representative '.. /ftytntusLLA. Aer:s>w—a- 0?6r.4,71V6 Title Pages November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 5 of 16 oaauaalr�U w:l 0 120 UTILITY APPROVAL FORM FOR RIGHT-OIL WAY,ALLEY,AND UTILITY EASEMENT VACATIONS Date: 09/25/08 Utility Company: ��. �.tmr��.�.` 7� S Applicant Name: Mike Morgan(McClelland Consulting Engineer;) Applicant phone: 479-443-2377 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(referring to attached document-must be completed") (ATTACH legal description and graphic representation of what is being vacated-SURVE2) 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 _c.:/! ha �� fin efi.in�� ✓r.� cs ature of Utility Company Representative Title Pages November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 - Page 6 of 16 LJPn Gam5ill -TEXT Jan, ! Please see below from Sue Clouser with AT&T SWBT. I hope this will suffice enough for this project to be placed on the next agenda. ! Let me know if you need any additional information at this time. I will be forwarding along Tom Hubbard's comment form later this afternoon. Thanks, Leslie From: CLOUSER, SUSAN K (ATTSWBT) [mailtosc9783@att.com] Sent: Wednesday, October 22, 2008 12:18 PM To: ltabor@mcclelland-engrs.com Cc: HARTSFIELD, KENNY (ATTSWBT) Subject: FW: Easement Vacation Request, CMN Business Park Lots 8 & 14 Hi Leslie, I have gotten out to take a look at this and I don't see any apparent conflicts. If ATT has facilities present in the area to be vacated any damage to or relocation of these facilities will be at the owner/developer's expense. I will forward your information to our ROW department. You will receive paper work from them which will need to be recorded at the county court house for the vacation to be official Thanks much, Sue From: Leslie Tabor[mailto:ltabor@mcclelland-engrs.com] Sent: Thursday, September 25, 2008 11:22 AM I! November 10,20 m...�.. _ , .,.�...- .. ,. _ .a��. .w,.,....�_ >...�._..._.,�..�..... Planning Commissi n Agenda Item 2 Page 7 of 16 J?n,Gq: gill TEXT htm __ 2 To: CLOUSER, SUSAN K (ATTSWBT); michael.moore3@cox.com; Twinkler@aep.com; gmcgee@ozarksecc.com; bpugh@ci.fayetteville.ar.us;jason.combs@cox.com; kpeters@swn.com;james_boyd@swn.com;jhsargent@aep.com; 'Tom Hubbard'; tgulley@ci.fayetteville.ar.us; HILL, JOHN D (ATTSWBT) Cc: mmorgan@mccleiland-engrs.com; 'Chris Suneson' Subject: Easement Vacation Request, CMN Business Park Lots 8 & 14 Submitted for your review and approval is the easement documentation for the above- mentioned project. Our client is seeking to have the easement in question (please see attached exhibits) vacated. I have attached a legal description of the easement to be vacated and a complete survey of Lots 8 & 14. 1 have also included a utility approval form made available by the City of Fayetteville. Please review and let me know if any of you have any questions/concerns, or need any additional information at this time. Thanks, Leslie Leslie Munzner Tabor McClelland Consulting Engineers 1810 N.College Ave. Fayetteville, Arkansas 72702 Phone. (479)443 2377 Website: www.mecielland-engrs.com Notice: This e-mail may contain privileged and/or confidential information and is intended only for the addressee. If you are not the addressee or the person responsible for delivering it to the addressee, you may not copy or distribute this communication to anyone else. If you received this communication in error, please notify MCE immediately by telephone or return email. Please also delete the message from your system in a prompt manner. November 10,208 Planning Commissi n - ..,.,..,.e., ,.�,....,...,� jinnA8�36-cmN _8.1 4 Agenda Item 2 Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT-CIF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS Date: 09M/08 Utility Company. Applicant Name: Mike Morgan(McClelland Consulting Engineers) —Applicant Phone: 479-443-2377 REQUESTED VACATION(applicant must checkall that applyi.. Utility Easement ORight-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 desmption andgraphic 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 Company Representative W lit—le Pages November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 9 of 16 10/36/2008 ICON 8:03 FAX 479 R"4 4730 WATER & SEWER 001 UTILITY APPROVAL FORM POR RIGHT OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS Date: 09/25/08 Utility Company I�aFav 4 Sm,aar- Applicant Name: Mike Morgan(McClelland Consulting Engineers) Applicant phone: 479443-2377 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 Stmt right-of-way Ihave been notified of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location/Address(refeningtoattached document.nmtbecompleted") (ATTACEF legal descrlpHon aeuigraAk yWmentation of what is behrgaacated-&=VEV UTTLI7Y COMPANY COMMENTS: No objections to the vacations)described above.La,>4tis.IN.Ast.a No objections to the vacation(a)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 -T November 10,2008 Planning Commission VAC 08-3136 CMN Business P9iR�ot 8&14 Agenda Item 2 Page 10 of 16 OW,9/2008 16:08 FAX 4794443490 COF TRANSPORTATION DIVIS 0002 UTILITY APPROVAL FORM FOR RIGHT-OF WAY,ALLEY,AND UTILITY EASEMENT VACATIONS Date: 09/25108 Utihty Company: kYJ Applicant Name; Mike morgan(McClelland Consulting Engineers) Applicant Phone, 479-443-2377 REQUESTED VACATION(applicant must dicck all that 4PPIY): arutility Easement Rlea-of-way for Alley em streets and all utility easements located within the vacated right of-way. Allff Street Tight-of-WILY lb .e beennotifled of the petition to vacate the following(alley.easement rig Ofway),described as follows: (;eneml location/Address(rdei!dnp,to attached dommenl,,becompleted**) MW hic rapmm"=of what is being vacated-SURVM (ATFACff d9SM91ftm ff" UTHM COWANY OMMENTS: ;?Mo objections to the vacation(s)described above. described easements Noobjections vid m to the vacaji(M(s)deealbed above,provided following are retained.(State the location,dimensions,and purpose below.) No obiwaorLI Provided the following conditions M met 77 �rl tive Company Rq7mtadve. Title Novem 2008 Planning Mission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 11 of 16 EASEMENT VACATION DESCRIPTION A part of Lots 8 and 14 of CMN Business Park II, Phase I to the City of Fayetteville, Washington County,Arkansas,more particularly described as follows:From the Southeast comer of said Lot 8,thence North 2°00'50"East along the East lot line of said Lot 8 a distance of 25.00 feet to the POINT OF BEGINNING,thence North 87°31'14"West-20.00 feet to a point on the West line of an existing 20 foot platted utility easement;thence along said West line North 2014158"East-670.36 feet to a point on the South line of a Deed Restriction Area as shown on CMN Business Park 11, Phase I Subdivision Plat;thence South 80016149"East-20.17 feet to a point on the West lot line of said Lot 14; thence continuing South 801649 East 20.17 feet to a point on the East line of an existing 20 foot platted utility easement, said point being on the South line of a Deed Restriction Area as shown on CMN Business Park II Phase I Subdivision Plat; thence along the East line of said existing 20 foot platted utility easement South 2014'59" West-66517 feet;thence North 873114 West 20.00 feet to the POINT OF BEGINNING, containing 0.61 acres, more or less. K:@008108?102-CMN 9&14 C0rutD0MXSurv"ylVacat"E=Ldw November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 12 of 16 a _ x a 5 z _ , J `O]♦0p �o . b Ir ice— `i`-------ate �GE�/ - s �47 p 0 k; 2 II i arrc/sRtt: 11 s,. F i I w g 3 I November 0,2008 Planning Co :mission MN it{sness Park L t 8&14 \ it er,a Item 2 j ,. . . age.:18.oP16 ,. VAC08-3136 CMN BUSINESS PARK, LOTS 8 &14 Close Up View SUBJECT PROPERTY "` f'I ^r fsv'k�{{ipt pati I VqN AS HE DR S Overview ® 0 75 150 300 450 600 Feet November 10,2008 Planning Commission Agenda Item 2 Page 14 of 16 VAC08-3136 CMN BUSINESS PARK, LOTS 8 & 14 One Mile View mal r FAYETTEVILL 3r` �� G MAIN ST MAIN 5rJ0 - R� jS b10HN50N RD J N JOHNSON RD -- .� T 2ND � m y ti 2N T W NI IQ L n, X S F $ m MI � U � %HEIG P HTS JOYCE BLVD �LLANEQR 'Lp NNE-DRR IW MAR Da SUBJECT PROPERTY D VAN PSEHE OR b o 0 { s �c ARPW �S�ry,.�5��0 a _1� RSF,d�� xW F1E DRR'\I '1 < py��ONle$JP A � t S y - t KI'SF S\ p=FT RNR111�Rd°. d�t o $R6541 wry I tV�F-04� �A+ R�S�a+RS56��l 5.......: HAROJDST!�yyA0LD9� I ¢ t TT r I� +.��R l ttl SI+F,RaF41V , ��I � BAIARCUFFSTBRWtDLiFFST.' . a i �— � {�CORTLA DRTLANDSTt Overview Legend Boundary -- Subject Property --------':,1 I OO�i Planning Area u VAC08-3736 a oaoE m0000 Overlay Distract Outside City - Legend Hillside-Hilltop O erlay District 0 0.25 0.5 1 Wes November 10 2008 - Pin g Goission VAC 08-3136 CMN Business Park Lot 8&14 Agenda Item 2 Page 15 of 16 November 10,2008 Planning Commission VAC 08-3136 CMN Business Park Lot 8&14 - Agenda Item 2 Page 16 of 16 Taye PC Meeting of November 10, 2008 ARKANS-AS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: October 31, 2008 VAC 08-3130: (SISEMORE / CHINA BERRY LN., 556): Submitted by DONNA STEWART for property located at 1326 S. CHINA BERRY LANE. The property is zoned RMF-24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.29 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Dara Sanders Findings: Property Description: The subject property is located at 1326 South China Berry Lane, north of Sixth Street and west of the Lowe's. The 0.29 acre property is bound by utility easements at the west, east, and south property lines and contains one single-family dwelling, which was constructed in 2000. Based on the submitted survey, the structure encroaches approximately 2' into the 10' utility easement located along the south property line. Request: The applicant is requesting to vacate a portion (approximately 81.6') of the easement at the south property line to bring the house into compliance. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objection Transportation No Objection Solid Waste No Objection UTILITIES RESPONSE Ozarks Electric No Objection Cox Communications No Objection Southwestern Electric Power Company No Objection November 10,2008 K:9teports\2008\PC Reports\21-November 10WAC 08-3130(Sisemore).doe Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 1 of 16 Arkansas Western Gas No Objection AT&T Arkansas No Objection Public Comment: Staff has not received public comment. Recommendation: Staff recommends forwarding VAC 08-3130 to the City Council with a recommendation of approval with the following conditions of approval: 1. Any redevelopment or improvements to the property shall comply with all zoning development regulations including building setbacks from the property lines and Master Street Plan right-of-way, height restrictions, and so forth. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: November 10,2008 Motion: Second: Vote: November 10,2008 K:\Reports\2008\PC Reports\21-November 10\VAC 08-3130(Sisemore).docPlanning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 2 of 16 September 29, 2008 City of Fayetteville Planning Commission RE: Description of Request Please accept this letter as a written description of the request we are making regarding the attached application. The property located at 1326 S. China Berry Lane,Fayetteville, Arkansas, had a survey performed and it was discovered that the dwelling encroached onto/over a utility easement along the South side of the property. The dwelling was built approximately 2000;however, a survey had not been requested prior to March, 2007. Since the encroachment has been discovered, we are making application to vacate that portion which the dwelling is built over/onto the existing easement. I have had the surveyor locate the encroaching area,notified all surrounding owners, utility companies and city officials required with no objections for any of the above. With said application being submitted, we are requesting that the vacation of the encroached area be granted as it has been this way for approximately 8 years and current owner inherited the issue. The city inspectors' office did not notate an encroachment at the time the dwelling was under construction and inspected, as all inspections were passed and approved prior to the Certificate of Occupancy being granted. Thank your for your time and consideration of this application and request. Sincerely, , Donna J. Stewart Representative for Jonathan and Amber Sisemore November 10,2008 Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 3 of 16 e NWCOR. LOT 82 i� a 0 N o .- 0 N W O N O `IY a M u'u N fY S89'43'09"E (p) S89'4456"E 109.58' 109.51' I �yl-- 9,4' 5' ACCESS ESMT, I W n NI C '^ I SC' ELECTRIC ESMT h r I t h m I F.—LOT 15 off 0.29± ACRES 12,695.0± SO. FT. C4 — — — = -04 Cq CONCRETE am ' n DRIVE 'i d e _ V I IV 1—STORY Ic°?EP o w i BRICK & FRAME �o I, :a HOUSE n M M 26.1' 9.1 #1326 Z S89'36'00'E .+ L3 H T 09.95 L64' �u AT AC L5 / L4 0 U.E. � N89'36'00"W (P) S89'44'56"E 110.10'109.99'O G AREA OF ENCROACHMENT 87.61 S0. FT. ....... 2 LINE BEARING DISTANCE Lt N00'13'37 E 70.00' 1_2 SB9'36'00"E 25.46' L3 SB9'36'00"E 41.90' 1_4 SOT *49"W 2.02' November 10,2008 L5 N89'23'33'W 47.90' Planning Commission L6 N00'36'27"E t.aT' VAC 08-3130 Sisemore/China Berry Ln 3 Page 4 of 16 PETITION TO VACATE AN EASEMENT LOCATED IN LOT 15, MAGNOLIA CROSSING, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned,being all the owners of the real estate which includes the utility easement hereinafter sought to be partially abandoned and vacated, lying in Lot 15, Magnolia Crossing, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate part of an easement which is described as follows: See Attached Description That the real estate affected by said partial vacating of said easement only effects Lot 15, Magnolia Crossing, City of Fayetteville, which is used by the utility companies and they have indicated that the vacating of that portion encroaching, further described above, would not effect the property adversely nor their ability to access utilities located within said 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 current property owners as already deeded and provide by law. WEREHFORE, 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 the balance of said utility easement. Dated this 10th day of July, 2008. Jonathan Sisemore Amber Sisemoree November 10,2008 Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 5 of 16 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION Date: July 15, 2008 Address of Property: 1326 S. China Berry Lane, Fayetteville, Arkansas 72704 Legal Description of Subject Property: Lot 15 Magnolia Crossing Subdivision Fayetteville,Washington County, Arkansas Adjacent Property Address: l zv1�- s NurNk -P>CaARe"e Fayetteville, AR 72704 REQUESTED VACATION: I have been notified of the petition to vacate encroachment of dwelling onto/over existing utility easement: See attached survey for highlighted detail of encroachment ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested request to vacate and decline to comment. ✓/ I do not object to vacating that portion of dwelling encroaching onto/over shown utility easement. I do object to the request to vacate because: ^S y f 2✓�`� n 2 G�GnJ� am of Adjacent roperty ner (printed) Sign e Adjace t Property Owner scant Name: Jonathan Sisemore and Amber Sisemore November 10,2008 Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 6 of 16 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION Date: July 15, 2008 Address of Property: 1326 S. China Berry Lane, Fayetteville, Arkansas 72704 Legal Description of Subject Property: Lot 15 Magnolia Crossing Subdivision Fayetteville,Washington County, Arkansas Adjacent Property Address: /a��s• �H'"p%cue Fayetteville, AR 72704 REQUESTED VACATION: I have been notified of the petition to vacate encroachment of dwelling onto/over existing utility easement: See attached survey for highlighted detail of encroachment ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested request to vacate and decline to comment. IJ I do not object to vacating that portion of dwelling encroaching onto/over shown utility easement. I do object to the request to vacate because: ame of Adj ent Property Owner (printed) a e of AdjacentVroperty Owner Applicant Name: Jonathan Sisemore and Amber Sisemore November 10,2008 Planning Commission VAC 083130 Sisemore/China Berry Ln Agenda Item Page 7 of 16 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION Date: July 15, 2008 Address of Property: 1326 S. China Berry Lane, Fayetteville, Arkansas 72704 Legal Description of Subject Property: Lot 15 Magnolia Crossing Subdivision Fayetteville, Washington County, Arkansas Adjacent Property Address: 133 Z S. C u t N'�BC��'q c"2 Fayetteville,AR 72704 REQUESTED VACATION: I have been notified of the petition to vacate encroachment of dwelling onto/over existing utility easement: See attached survey for highlighted detail of encroachment ADJACENT PROPERTY OWNERS COMMENTS: _ have been notified of the requested request to vacate and decline to comment. do not object to vacating that portion of dwelling encroaching onto/over shown utility easement. I do object to the request to vacate because: Name d' nt Prop wrier (printed) Signa e djac o rty Owner Appli t Name: Jonathan Sisemore and Amber Sisemore November 10,2008 Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 8 of 16 aw CONCURRENCE TO REDUCE 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 abandonment of a portion of a dedicated utility easement, to-wit: The northernmost two feet (2') of a ten foot (10') dedicated utility easement located along the southern lot line of Lot 15 of the Magnolia Crossing Subdivision to the City of Fayetteville, Washington County, Arkansas Signed and executed this �Z day o3. an 2008Lief By. avis Di ector-Engineering/Construction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this the Wb—day of September, 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 duty sworn, declared that he is the Director-Construction/Engineering for Southwestern Bell Telephone Company, d.b.a. ATFtT Arkansas, and that he executed the foregoing S�Hih4Elstient as the act and deed of said company of his own free will and for the purposes and s1 aYioIns therein expressed and with due authority. O. �yOTA1dh. vitness whereof I hereunto set my hand and official seat. k�tr�strument prepared by AT&T j 1111IN. Capitol, Room 941 Eyra E. Sommerfeldt PaInfer Little Rock, AR 72201 (501-373-5255) Notary Public in ft for Faulkner Co., AR My commission expires August 10, 2011 November 10,2008 Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 09/16/08 UTILITY COMPANY: Southwestern 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 in Fayetteville: Described as follows: The northernmost two feet (2') of a ten foot (10') dedicated utility easement located along the southern lot line of Lot 15 of the Magnolia Crossing Subdivision to the City of Fayetteville, Washington County, Arkansas 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: tp .— Ly66a E. Sommerfeldt Pal ner, Mgr.-Engr. (ROW) November 10,2008 Planning Commission VAC 08-3130 Sisemore/China Berry Ln Agenda Item 3 Page 10 of 16