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HomeMy WebLinkAbout2009-05-26 - Agendas - Final lile a e ev ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Tuesday,May 26,2009, 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. 2009 Planning Commissioners Sean Trumbo Matthew Cabe James Graves Porter Winston Andy Lack Christine Myres Jeremy Kennedy Jim Zant Craig Honchell c;lile T*'�r a e TENTATIVE AGENDA ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telep6ne:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION TUESDAY,MAY 26,2009, 5:30 p.m. Room 219,City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the Monday, May 11,2009 meeting. 2. ADM 09-3298: (GARDENS ON PERSIMMON EXTENSION, 477/478): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located on the SOUTH SIDE OF PERSIMMON STREET WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY FOUR UNITS/ACRE and contains approximately 11.18 acres. The request is for a one year extension for the approval of CUP 08- 2954. Planner: Andrew Garner 3. VAC 09-3281: (D. MEANS/1661 E. CYPRESS LN.,370): Submitted by DAVID MEANS for property located at 1661 E. CYPRESS LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.12 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher 4. VAC 09-3282: (UA / 20TH STREET, 601): Submitted by ALLEN YOUNG for property located at THE UNIVERSITY OF ARKANSAS RESEARCH & TECHNOLOGY PARK, S. SCHOOL AVENUE. The property is zoned 1-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 0.44 acres. The request is to vacate the unused R-O-W for 20th Street, located entirely within the subject property. Planner: Jesse Fulcher 5. VAC 09-3269: (SCHMITT / 2614 TIMBERGLEN, 298): Submitted by JORGENSEN & ASSOC for property located at 2614 TIMBERGLEN LANE. The property is in the Planning Area and contains approximately 1.76 acres. The request is to vacate the City's rights to a portion of a utility easement. Planner: Jesse Fulcher New Business: 6. CUP 09-3283: (WRIGHT/ 3075 E. MISSION, 372): Submitted by WADE & KELLY WRIGHT for property located at 3075 E. MISSION BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND RMF-24, RESIDENTIAL MULTI-FAMILY, and contains approximately 2.28 acres. The request is to operate a children's daycare on the subject property. Planner: Andrew Garner 7. CUP 09-3284: (SMITH 2-WAY/ 106 MASONIC DRIVE, 213): Submitted by MIKE SMITH / DAVE REYNOLDS for property located at 1106 MASONIC DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.96 acres. The request is for a 140' flag-pole cellular tower on the subject property. Planner: Jesse Fulcher 8. CUP 09-3299: (FAYETTEVILLE PUBLIC LIBRARY/ 401 WEST MOUNTAIN, 523): Submitted by FAYETTEVILLE PUBLIC PROPERTY for property located at 401 WEST MOUNTAIN STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.42 acres. The request is for amplified outdoor music. Planner: Andrew Garner 9. RZN 09-3280: (MATHIAS/ NW CRNR MISSION & BOX, 372): Submitted by H2 ENGINEERING, INC. for property located at THE NW CORNER OF MISSION BLVD. AND BOX AVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 1.20 acres. The request is to rezone the subject property to C-1. Planner: Dara Sanders 10. RZN 09-3271: (SALE BARN/CAMPUS CREST LLC, 562): Submitted by JORGENSEN & ASSOC for property located at THE OLD WASHINGTON COUNTY SALE BARN, N & E OF 11TH AVENUE AND GOVERNMENT AVENUE. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 8.87 acres. The request is to rezone the subject property to RMF-24,Residential Multi-family 24 units per acre. Planner: Dara Sanders 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. TayeV Meeting of May 26, 2009 KANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: May 12, 2009 ADM 09-3298: (GARDENS ON PERSIMMON EXTENSION, 477/478): Submitted by JORGENSEN AND ASSOCIATES, INC. for property located on the SOUTH SIDE OF PERSIMMON STREET WEST OF OWL CREEK ELEMENTARY SCHOOL. The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY FOUR UNITS/ACRE and contains approximately 11.18 acres. The request is for a one year extension for the approval of the CUP 08-2954. Planner: Andrew Garner BACKGROUND Property Description and History: On April 14,2008,the Planning Commission approved CUP 08- 2954(Gardens on Persimmon),for a 96-bed nursing home facility on the subject property.The large scale development(LSD 08-3023) was approved a few months later on July 3, 2008. Proposal: The applicant requests to extend the approval of the Conditional Use Permit for one year from the original date of approval,to expire on April 14,2010. The Planning Division received the applicant's extension request on May 5,2009,within the required 18 month time limit. Should this extension be granted, all permits and approvals required by City, State, and Federal regulations to start construction of the development are required to be issued before the one-year extended deadline. If the permits are not issued prior to April 14, 1010, all of the approved plans for the project shall be rendered null and void,or the applicant may apply for a final one-year extension.If the extenion for the Conditional Use Permit is approved by the Planning Commission then the extension for the corresponding large scale development may be approved administratively by staff. RECOMMENDATION Planning Staff recommends approval of ADM 09-3298, the requested extension to CUP 08-2954 (Gardens on Persimmon), with the following conditions: 1. The applicant shall be allowed until April 14, 2010 to receive all permits necessary to complete construction of the project. If all permits have not been received by this time,the Conditional Use Permit approval shall be revoked; the applicant does have the ability to apply for one additional extension within that time frame. K* ReporisLW091PC Reporisll3-May 26WDM09-3298(Gardens on Persimmon CUP extension).doc May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 2. All other conditions of approval for the project shall remain applicable. PLANNING COMMISSION ACTION: _yes Required .. Approved Denied Date: May 26,2009 Comments: DISCUSSION The City of Fayetteville Unified Development Code(UDC)Section 166.20(B)(3)gives the Planning Commission authority to extend approval of a conditional use permit one additional year within 18 months of the original approval. In order to extend this approval,the applicant must: (1)request the extension prior to the one year time limit; and (2) show good cause why the tasks could not reasonably be completed within the normal one year. If the one year extension is granted,it is within this time that the applicant shall receive all permits and approvals as required by City, State, and Federal regulations to start construction of the development or project. (1) The applicant has submitted theextension request to the Planning Division on May 5,2009, prior to the 18 month time limit ending on October 14, 2009. (2) The applicant's letter indicated that they have been making progress towards obtaining construction approval over the past year as evidenced by their purchase of the property and finalizing the construction plans. The applicant anticipates that construction of the project will begin August 2009. K.IReports120091PC ReportsII3-May 26WDM 09-3298(Gardens on Persimmon CUP extension).doe May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 j € Ina PC Meeting of April 14, 2008 e ARKANSAS s THE CITY" OF FAYETTEVILL,E, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: A r-i'�4" Updated April 16, 2008 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 BACKGROUND: Property Description: The subject property is on the south side of Persimmon Street east of Broyles Avenue, south of the Cross Keys Subdivision and west of Owl Creek Elementary School. The 11.18-acre property is currently undeveloped and zoned RSF-4, Residential Single Family Four Units/Acre. The Owl Creek floodplain is located on the southern portion of the property. Proposal: The applicant proposes to construct a 96 bed nursing home facility on the subject property with 110 parking spaces. The facility will provide 24-hour a day care for the residents of the facility. A project description, site plan, floor plan, property survey, and photos showing the architectural style of the facility have been provided by the applicant and are attached to this report. Request: The property is located within the RSF-4 zoning district, in which Use Unit 4, Cultural and Recreational Facilities, is allowable only by conditional use permit. The applicant requests Planning Commission approval of a conditional use permit to allow for the proposed nursing home facility in the RSF-4 zoning district. Surroundin Land Use: Direction Land Use Zoning North Cross Keys Subdivision R-PZD South Undeveloped pasture/Owl Creek riparian corridor R-A East Undeveloped Parcel/Owl Creek Elementary RSF-4; R-A School West Rural residential RSF-4; R-A May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 City Plan 2025 designation: Residential Neighborhood Area RECOMMENDED MOTION: Staff recommends approval of the requested cultural and recreational facilities use (Use Unit 4) for a nursing home facility in the RSF-4 zoning district on the described property, subject to the following conditions: 1. Planning Commission determination of compatibility with adjacent properties and those within the same zoning district. Staff recommends that the use of the site as a nursing home facility as described in the materials herein is compatible with surrounding properties, and no detrimental impact associated with this CUP is anticipated, with the conditions as noted herein. PLANNING COMMISSION DETERMINED IN FAVOR OF THIS CONDITION(04-14-08). 2. Conditional Use approval shall not be construed to guarantee large scale development approval. A large scale development application and all required materials shall be submitted for City review and approval for development on the property. Development shall comply with all applicable provisions of the Unified Development Code including, but not limited to: street improvements, tree preservation, parking requirements, buffering requirements, landscape requirements, storm water detention, setbacks and bulk/area requirements. 3. In addition to meeting the minimum requirements of the Outdoor Lighting Ordinance, to avoid adverse light impacts to adjacent residential properties any exterior lighting located shall also be of a pedestrian-scale. The parking lot lights shall be a maximum of 12-feet high, as opposed to a standard -. parking lot pole light typically well over 15 feet. A lighting plan and cut- sheets of all light fixtures shall be reviewed prior to issuance of a building permit. 4. Any required trash enclosure shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. 5. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. 6. Landscaping for the site shall be planted in conformance with Chapter 177 of the Unified Development Code for the parking lot landscaping, and in May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 conformance with Chapter 166.14 (D) providing a vegetative buffer along the property lines adjacent to surrounding RSF-4, R-A, and R-PZD zoning districts. 7. All signs shall be permitted in conformance with the RSF zoning district by a separate sign permit application. 8. The design of the assisted living facility shall be consistent with the concepts in the photos submitted with this application. Architectural elevations shall be reviewed at the time of large scale development to verify consistency with the architectural style and materials in the photos. PLANNING COMMISSION ACTION: Required YES Planning Commission Action: X Approved ❑ Denied ❑ Tabled Motion: Lack Second: Cabe Vote: 7-0-0 Meeting Date: April 14,2008 Comments: The "CONDITIONS OF APPROVAL" listed in this report are accepted in total without exception by the entity requesting approval of this conditional use. Name: Date: Section 163.02. AUTHORITY; CONDITIONS; PROCEDURES. B. Authority; Conditions. The Planning Commission shall: 1. Hear and decide only such special exemptions as it is specifically authorized to pass on by the terms of this chapter. 2. Decide such questions as are involved in determining whether a conditional use should be granted; and, 3. Grant a conditional use with such conditions and safeguards as are appropriate under this chapter or 4. Deny a conditional use when not in harmony with the purpose and intent of this chapter. C. A conditional use shall not be granted by the Planning Commission unless and until: May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE,SUITE 5 • FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 • FAX(479)582-4807 DAVID L.JORGENSEN,P.E.,P.L.S. JUSTIN L.JORGENSEN,P.E. May 5, 2009 City of Fayetteville 113 W. Mountain Street Fayetteville,AR 72701 Attn: Andrew Garner, Senior Planner Re: CUP 08-2954, Garde s .„ Pers:..,...., Dear Andrew; Please accept this as a request for an extension on the above referenced project. The Construction Plans have been approved by the State and by the City and we are currently working with the Owner to finalize all documents to proceed with construction. The Conditional Use Permit for this project was approved on April 14`h, 2008 and the LSD was approved on July 3`d, 2008. Please contact us if you have any questions or concerns. Furthermore, please find a letter from the owner in regards to their current progress. Thank you. Sincerely B ak Jo gensen, E.I. STRUCTURAL DESIGN•LAND DEVELOPMENT•WATER SYSTEMS•WASTEWATER SYSj' •JAYID SURVEYING Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 RHC Real Estate, LLC 610 Towson Avenue Post Office Box 2207 Fort Smith,Arkansas 72902-2207 Website: http:/Auww.griffinprop.com E-Mail: dckgriffin1957Qswbell.net Telephone(479)783-5191 Fax(479)783-8397 Date: May 5, 2009 Project Update j For City of Fayetteville RHC Real Estate, LLC is the owner and developer for the nursing home project being developed at 4405 West Persimmon Street, Fayetteville,AR 72704. This upscale project is rapidly moving toward commencement of construction. We are working to start construction August 1, 2009 or as soon as possible thereafter. Our recent development activities include: 1) the land is purchased and 2)the Architect, Bill Stafford should have preparation of the Plans and Specifications completed by the end of May 2009. Upon completion of the Plans we have a few remaining development steps to take before we can build. One is to complete preparation of the final construction and development budget and the second is to finalize project financing. (In spite of the difficult economic times, we are financially solvent, so we do not expect project financing to be a problem, nor to delay our construction start.) When complete,we will submit the Plans to the City of Fayetteville for their Building Permit review. Last week,the architect had a preliminary review meeting with the City staff to affirm that the Plans he is preparing contain the required elements needed for permitting.Additionally,since this is a nursing home project, the Plans will have to be reviewed by the State of Arkansas for compliance with.nursing home specific regulations. In addition to our numerous development efforts to make this project a reality,we also have a lot of cash invested in it and are anxious to commence construction. There is no question in our mind, nor should there be in yours,that this project will soon become a reality. If you have questions then please feel free to give me a call. Thank you. Sincerely, C eat Estat LLC 1 cu'I;�r I riffin, anager May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 ADM09-3298 GARDENS ON PERSIMMON EXT. 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One Mile View 1 �4ti�D U S �i�FSF � `\ 5 * n �CKE'IESf MOONUG wRV V iNh 1 -f`�9 v� 9 x I al �5 �}���asF< � aeFi wb`� Jy F•a3� _ RSFi � IS , n SUBJECT PROPERTY 5y'J/ RSF9 U M 3 �� <� R 5 y Y HD xRSF-0 "�}I�BLEtyyEEO'ST41 R�� k 4 ...;� ,y„R � '$ESPlla DR HOMESPON DR 51 t�G, ' P E h- .. w�. ' "sy�k�, ASF-0RSF➢ � � ' � �� �� � F � AT` SOAPSTONE PR � R F1 OT ON RSFBOGA d5. F } RSF-0 t 3 s SHALOiT OR RSF) u F O 'y RSF1 G "h 9 a N s E FgRM RD Iw ;. . ¢ R W 0 Overview Legend Subject Property 11 1 ADM093298 1 Boundary • .1 0 0.25 0.5 2009 � Gnmission Agenda Item#2 _ Page 1 of 10 May 26,2009 Planning Commission ADM 09-3298 GARDENS ON PERSIMMON Agenda Item#2 Page 1 of 10 1 'le PC Meeting of May 26, 2009 TayeV 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, Development Services Director DATE: May 15, 2009 VAC 09-3281: (D. MEANS / 1661 E. CYPRESS LN., 370): Submitted by DAVID MEANS for property located at 1661 E. CYPRESS LANE. The property is zoned RSF- 4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.12 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 is located at 1661 E. Cypress Lane in the Charleston Place Subdivision. The property contains a single-family structure that was constructed in 2005. A corner portion of the building was constructed into the 12' utility easement along the north side of the subject property. Request: The applicant's request is to vacate a portion of a utility easement to bring the existing structure into compliance. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections May 26,2009 K:\Reports\2009\PC Reports\13-May 26\VAC 09-3281 (David Means).doc Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 09-3281 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Any damage or relocation of existing utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Reauired Planning Commission Action: O Forwarded O Denied O Tabled Date: May 26,2009 Motion: Second: Vote: May 26,2009 K:\Reports\2009\PC Reports\l3-May 26\VAC 09-3281(David Means).doc Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 EASEMENT VACATION SITE PLAN CURVE I RADIUS I ARC RNGI'11 CHORDLENGTH CHORD BEARING Cl Ib],50' 24,68' 24.66' N46`290( 13 C3 25.00' 3730' 33.86 N 84°958"E CS 1],.011' 3345 3340' S)]°4J'05"F. Non's: GIEEEN LINE REPRESENTS'A PI FVIOUE PROPERTY LINE ADIl1.STMRNT CERPORMED DY DLGW AND ASSOCIA"I'ES POR L&F CONS(RUC TION DATED SONE 42005,13N NO'I k ICOROLDOFR000TI) PART OF C0T.7 C2 'SD77 C� PORT/4 1g y SEE DETAB,"AryTO W \ A G 9� J \ O e pG\ /+ 628a \]ZSB EXISTING LEGAL DESCRIPTION (BOOK 2005 PAGE 9264&BOOK 2007 PAGE 6]98) I,OF6,C NRLESTONPLACE..4 PLANNED UNIT \ DEVELOPMENT TO THE CITY OF PAYEREVMLE. EBB TE ARKANSAS AS SHOWN ON PLAT OF RECORD M PLAT + BOOK ICAIPAGEM,PI.A'I IECCORDSOFWASHINGTON \ $�• I ' \+ \ gHH DETAIL"B" COUNI\,ARICAN'SAS.AND ALSO A PART OF LOT SEVEN(])_CHARLESTON PLACE \ \ PLANOM UNIT DEVFLOPMENU FAYETTEVILLE, \ ,i�$ +�x �+ ARKANSAS AS PER IFIIF FINAL PLATON FILE ITS 111E OFFICE OF THE CIRCUIT CLERK AND E),OFFICIO / RECORDER OF WASHINGI ON COUNTY ARKANSAS \ ••\ ?O, BHGINNIN 2EPAlt'f N'ORT LiASTCORNr,ROSSAIDI. 1 BEGINNING A D POI\ORTHFAST CORNER OP SAID LOT SEVEN(7),1) END WIUTH 30-Ia AN EXRACALISITING RON T' 0". z FAS AR IJ OF SAID LO )0 095('1)'10 46 ET IO'RON THE 9 `' KPT\ ��• A`] FAS TOO. NORTH SIDE OF AI TOISTING ASPHALT °.- DRPT ]TYKE NORTli51DE OF AN EXISTING HiL NORTH y - \ ] DRIVE ]THRICE LOT2]IOS6lV i1 HENCL S44 IHENORFH \ !^ ._-,L �. DETAIL"A"N.T.S. LMA"TO THE POINT LOT N BEGINNING. CONTANING 41 L'94v SQUARE 01NT MOREORLES CONTAW MG I4S T SQUARE FLET,MORE H LESS.DD RI CT 9'O a RECORD, NTS,IEHS'lltIC CIONS ANO RIGHT-OFWAYS OF �a _ 2ECORD. 5 PO°00` N p A6 / 1e*\ 0' 20' 40' 60' Y3DETAIL"B"N.T.S. GRANDC SCALL(IN FEE'S /o ybA I Inch=20R. /,P VICINITY MAP FIELD WORK: LASLPI M1zN'I'VACA ON DCSCIHPUON: NOVEMBER4.-0O9 (CORNER OF APART OF LOT 6.CI IARIESTON PLACE.A PLANNED LOTS 5,l,&8 UNIT DEVELOPMENT TO THE CITY OF TAI'ITFEVILLE. BASIS Of HEARINGS. ARKANSAS,AS SHOWN ON PLAT OF RECORD IN PLAT ( _ I III I PLAI FILEII IN PLAT 1300K 16 I300K I6ATPAGIE36,FIAT'RECORDSOTWASHINGTON I AlPAGE 36 COUNTY ARKANSAS BEING IAROCULARTV' 1 DESCRIBED AS FOLLOWS,TO-\VR BEGINNING ATA 3 u is REFERENCE DOCOMLN IS: POINT WHICH IS 3280 WEST AND 5.61 NORTH OF THE �J L WARRAN'FV DEED HLEDIN NOR I HEAS'I-CURSES OF SAID[Dr,l AND RUNNING BOOK 2005 AT PAGE 9264 IHFNCEN 2°4"S" 6].TIIENCI ALONOACURVE. 2 QUIT CLAIMS DEED FRED IN TO THE LEFT HAVING A RADIUS OI I2 FOR CHORD J n ♦ BOOK 2(10]AIIAGE6798 BEARING AND DISTANCE OFN63°1000\V4]411FENCE yy _PLATPILEDINPLATR00K16 N13°4115 E5.24',IIIf.NCF SJL°118'05 T3].991 OCHE. ATPAGE36 POINT OF BEGINNING. ;: ( �b� w;✓ IT CEINIrl Af10N: NO PORT ION OF THIS PROPER EY IS LOCA FED t / WITHIN ROOD LONE A"OR 4A AS i1 DETERMINED BY THE NADONAI FLOOD '•^^'�^ INSURANCE PR06RANI FLOOD INSURANCE RATE 'a MAP FOR WASHINGTON COUNTY ARKANSAS. ` (URSIPANFnLR5E43CO210F. DATED MAY B.2008) FORUSEANDBENITYROP: LEGEND }v a BASSE,TT MIX Bates (o PRUDENTIAL-MEANS 00 �. )66r CYPRESS UNE CNEIEI --kv&L S.Rryiig M1.lino"I Ruax ®sronn MMamx FAYEPTEVILLE, AR"NSAS ♦Ro111.,FNI �s sn m +xoom rnm.m..em�rml.m.uz.nn-ra,msl.um I 1111TvC'aL ®ca Ce lU �s DAW n/6s/os scale r"=zo' & coicn p ., rxicu noa m LOCAnPla I OUROEYED: DRAFTED: PART 0F T., CHARLES,,, FENEwED: eD Dr 10111: 1 Aay 26,20 9 PLACE P.V.D. r.iaIanningC mission S Agenda Item#3 Page 1 of 20 Petition to Vacate a Utility Easement located on Lot 6 Charleston Place,City of Fayetteville,Arkansas TO:The Fayetteville City Planning Commission and Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated,lying in Lot 6,Charleston Place, City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a utility easement which is described as follows: A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.6 P North of the Northeast Comer of said lot and running thence N52042'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63'l 0'00"W 4.74',Thence N434 I'l 5"E5.24',Thence S46'08'05"E37.99'to the point of beginning. 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 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 � day of 20 0_ Printed Name S Printed Name Signature 1 W4�1- Signature May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 1-15-09; 2:52PM;AWG D111.1c1 F.Y. AP ;4795828258 # 2/ 3 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 1/9/2009 Utility Company: Arkansas Western Gas Company Applicant Name:David Means Applicant Phone:501-607-4045 REQUESTED VACATION(applicant must check all that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated rightof- way- Alley Street right-of-way I have been notified of the petition to vacate the following easement described as follows: LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Comer of said lot and running thence N52o42'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63010'00"W 4.74',Thence N43°41'15"E5.24' ,Thence S46008'05"E37.99'to the point of beginning. UTILITY COMPANY COMMENTS: X 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 Signature of Utility Company Representative - 2L— Northwest Regional Manager May 26,2009 Planning Commission VAC 09-3281 D.MEANS 01/15/09 TRU 14-57 [TX/RX ATRn§;h&A#3 Page 1 of 20 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 02/04/2009 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 portion of a dedicated utility easement for 1661 E. Cypress Lane, Fayetteville. Described as follows: Apart of Lot 6, Charleston Place, a Planned Unit Development to the City of Fayetteville, Arkansas as shown on the Plat Book 16 at Page 36, plat records of Washington County, being more particularly described as follows, to-wit: Beginning at a point which is 32.80'West and 5.61' North of the Northeast corner of said lot and running thence N52042'28"W33.67', thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N6301 0'00"W 4.74', thence N43041'1 5"E5.24' , thence S46008'05"E37.99'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: LyAda E. Sommerfeldt PaInier, Mgr.-Engr. (ROW) May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 + � ` -- ~--- CONCURRENCE TO�^`�'`�~~""^'^°~"��~°~ , �~ ,ACA' E / DEDICATED EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell,Telephone Company, d.b.a. AT8:TArkansashnrebvcuncur�inthereieasenfadedicatedeasementincatedw�thin �he � / ' | following described property: /\part ofLot 0' Charleston Place, aPlanned Unit Development tothe City ufFayetteville, � � Arkansas oashown onthe Plat Book 10atPage 38' plat records uf Washington County, being more particularly described oufollows, to'vvit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast corner of said lot and running thence N52"42'28''VV33.07', thence along acurve tothe left having aradius uf12.5' for achord bearing and distance ofNO3^1O`OO"W4.74', thence N43^41'15"E524' ' thence S40°08'O5"E37.S8' t the point ofbeginning. Signed and executed this day ofFeb aZO By: v F/ Jean Davis CORPORATE ACKNOWLEDGMENT STATE OFARKANSAS COUNTY OFPV[ASK| Onthis the day of February, 2009, before me, the undersigned authority, duty commissioned and qualified inand for the state and county setforth above, personalty came and appeared F. Jean Davis, who, after being duty sworn, declared that he is the Director-Construction/Engineering for Southwestern �eUT�� hone[ompanydbaAJ�TArkansas` andthatheeme�utrdthofonpgoingingLrumentastheact ` '*said company of his own free will and for the purposes and considerations therein expressed . '~ TA set myhand and official seat. byATaT /, Room94/ Lyr(daE. Sommerfn\dtPaieer AR 72201 Notary Pubhcin �for Fov&merCo.'AR !� - -^- Mycommission expires August 1V' l011 � May 2o,2o09 � Planning Commission | VAC oy'o2o1o.MEANS / Agenda Item#3 Page 1v/20 � 01-12-09;00: 12AM; ;4796844617 # 2/ 2 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date- 1/9/2009 Utility Company: (7ZArKs Applicant Name:David Means Applicant Phone:501-607-4045 REQUESTED VACATION(applicant must check all that apply): X Utility Easement Right-of-way for alloy or streets and all utility easements located within the vacated rightof- way, Alley Suva right-of-way I have been notified of the petition to vacate the following easement described as follows* LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Corner of said lot and naming thence N52*42'28"W33.67',Thence along a carve to the left having a radius of 12.51 for a chord bearing and distance of N630 I OWW 4.74','nonce N4304 I"15"E5241,71(berice S46008'05"E37.991 to the point ofbegirming, UTHM COMPANY CON04ENTS: No objections to the vacations)descilibed above. No objections to the vacation(s)described above,provided following described easements am retained.(State the location,dimensions,and purpose below.) - rhis is Iti AEF` 15wr-- o -re v r I 4-dr-1 , pleov; C(%7v+CLC-+ L a r r I t4 Wirik (er r1 -3 © 5 No objections provided the following conditions are met Signature of Utility Company Representative ozAIZ45 EL456T9le- May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 1/9/2009 Utility Company: AEP/Swnpco Applicant Name:David Means Applicant Phone: 501-607-4045 REQUESTED VACATION(applicant must check all that apply): X Utility Easement Right0of0 way for alley or streets and all utility easements located within the vacated rightofil way. Alley Street right0of0way I have been notified of the petition to vacate the following easement described as follows: LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Corner of said lot and running thence N52042'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63'1 0'00"W 4.74',Thence N43*4 1'1 5'T5.24' ,Thence 846'08'05"E37.99'to the point of beginning. UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. 8"0 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: r Signature of Utility Company Representative Q-A A-,q V A A r May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 02/20/2009 15:39 4798720174 COX CONSTRUCTION PAGE 02/03 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 1/9/2009 Utility Company: ccoc �yrrh'YlNn�cG7'Iy1''S Applicant Name:David Means Applicant phone:501-6074045 REQUESTED VACATION(applicant must check all that apply): X Utility Easement R g11t-Qf-way for alley or streets and all utility easements located within the vacated rightof- way. Alley Street right-of-way I have been notified of the petition to vacate the following casement described as follows LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayettevi Ile,Arkansas as shown on the Plat Book 16 at page 36,Plat recol:dS of Washington Cotmty Being more Particularly described ai follows,to Wit: Begiwwag at a point which is 32.80'West and 5.61'Norrh of the Northeast Corner of v.-id lot and tunniog thence N52042'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63010'00"W 4.74',Thencc N43041'15'E5.24',Thence S46°08'05'TJ7.99'to the point of boginning, UTILITY COMPANY COMAf.ENTS: No objections to the vacation(s) described.above. Ne objections to the vacation(s) described above,provided following described easeme,:is are retained.(State the location,dimensions,and purpose below.) No objections provided the following conditions are met. May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 02/27/20 1.09 'FR1 14:27FAX 479 684 4730 WATER & SEWER - - [A,001 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date:2/23/2009 Utility Company: Applicant Name:David Means Applicant Phone:501-6074045 REQUESTED VACATION(applicant must check all that apply): X Utility Easement Right0of 0way for alley or streets and all utility easements located within the vacated right-ofoway. Alley Street rightDofl7way I have been notified of the petition to vacate the following easement described as follows: LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Comer of said lot and rimming thence N52'42'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord hearing and distance of N63010'00"W 4.74',Thence N43041'15"E5.24',Thence S46008'05'836.99'to the point of beginning. UTILITY COMPANY CON54ENTS: 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 RepresentativeAIL s",,� 2 -2n-(Dq May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 '.. Page 1 of 20 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date:2/23/2009 Utility Company. Applicant Name:David Means Applicant Phone:501-60711045 REQUESTED VACATION(applicant must check all that apply): X Utility Easement RightCofDway for alley or streets and all utility easements located within the vacated right-ofoway. Alley Street right0ofLlway I have been notified of the petition to vacate the following easement described as follows: LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Corner of said lot and running thence N52042'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63°10'00"W 4.74',Thence N43°41'15"E5.24' ,Thence S46°08'05"E37.99'to the point of beginning. UTILITY COMPANY COMMENTS: X 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 Representativa7 May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 '.. Page l of 20 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date:2/23/2009 Utility Company: Applicant Name:David Means Applicant Phone:501-607-4045 REQUESTED'VACATION(applicant must check all that apply): X Utility Easement RightCofC7 way for alley or streets and all utility easements located within the vacated right-ofoway. Alley Street rightOof[lway I have been notified of the petition to vacate the following easement described as follows: LEGAL DESCRIPTION A Part of Lot 6,Charleston Place,a PIanned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Comer of said lot and running thence N52042'28'W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance ofN63°10'00"W 4.74',Thence N43°41'15"E5.24',Thence S46°08'05"E37.99'to the point of beginning. UTILITY COMPANY COMMENTS: X 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 May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 '. Page 1 of 20 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF- WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: 1/9/2009 Address/Location of vacation: 1661 E Cypress Lane Adjacent Property address: Lot: Block: Subdivision: Charleston Place,Fayetteville AR 72703 REQUESTED VACATION: I have been notified of the petition to vacate the following easement described as follows: A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Comer of said lot and running thence N52042'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63010'00"W 4.74',Thence N43041'15"E5.24',Thence 3799 e point of beginning, ri E 'toth int ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. do not object to the vacation described above. I do object to the requested vacation because: Name of Adjacent Property Owner(printed) Applicant Name JAVaA&'A-rl'6 May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: 1/9/2009 Address/Location of vacation: 1661 E Cypress Lane Adjacent property address: Lot: Block: Subdivision:Charleston Place,Fayetteville AR 72703 REQUESTED VACATION: I have been notified of the petition to vacate the following easement described as follows: A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly as follows,to wit: Beginning at a point which is 32.80'West and 5.6 P North of the Northeast Comer of said lot and running thence N52042'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance of N63-1 0'00"W 4.74',Thence N4304 1'15"E5.24',Thence S46-08'05"E37.99'to the point of beginning. ADJACENT PROPERTY OWNERS COMMENTS: lave been notified of the requested vacation and decline to comment. I do not object to the vacation described above. I do object to the requested vacation because: Name of Adjacent Property Owner(printed) Signature of Adjacent Property Owner AW W Applicant Name May 26,2009 Planning Commission VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 20 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF- WAY,ALLEY, AND EASEMENT VACATION REQUESTS Date: 1/9/2009 Address/Location of vacation: 1661 E Cypress Lane Adjacent property address: Lot: Block: Subdivision: Charleston Place,Fayetteville AR 72703 REQUESTED VACATION: I have been notified of the petition to vacate the following easement described as follows: A Part of Lot 6,Charleston Place,a Planned Unit Development to the City of Fayetteville,Arkansas as shown on the Plat Book 16 at page 36,Plat records of Washington County Being more particularly described as follows,to Wit: Beginning at a point which is 32.80'West and 5.61'North of the Northeast Comer of said lot and running thence N52°42'28"W33.67',Thence along a curve to the left having a radius of 12.5' for a chord bearing and distance ofN63°10'00"W 4.74',Thence N434 1'15"E5.24',Thence S46°08'05"E37.99'to the point of beginning. ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. I do object to the requested vacation because: Name of Adjacent Property Owner(printed) _5JGe1.11.h1 C a- E'Y1�u Sc✓a C.tA�.Qv IL SSii \ � e of A�acn'PrG orty�er Applicant Name Vivid i'✓leanf May 26,2009 Planning Commission i VAC 09-3281 D.MEANS Agenda Item#3 Page 1 of 2