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HomeMy WebLinkAbout2013-12-09 - Agendas - Final Plannin¢Commission Plannine Commissioners Officers Blake Pennington William Chesser Craig Honchell,Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting December 9, 2013 A meeting of the Fayetteville Planning Commission will be held on December 9, 2013 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Agenda Session Presentations, Reports and Discussion Items • 2014 Planning Commission Calendar and Subdivision Committee Teams Call to Order Roll Call Consent. 1. Approval of the minutes from the November 25,2013 meeting. 2. VAC 13-4544: Vacation (HARVEY'S HILL/CENTER & DUNCAN, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to vacate a 25' utility easement. Planner: Andrew Garner 3. ADM 13-4566: Administrative Item (3145 W. SALEM RD./RAVEN LANE AMENDMENT, 206): Submitted by MIKE MUCCIO for property located at 3145 WEST SALEM ROAD. The property is in the PLANNING AREA and contains approximately 6.53 acres. The request is for a slight realignment of Raven Lane on the Master Street Plan. Planner: Andrew Garner New Business: 4. ADM 13-4542: Administrative Item (617 N. COLLEGE AVE./KONA COAST, 445): Submitted by ABBIE ROSE for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a variance to allow for a temporary retail structure (airstream trailer)to remain on the property longer than 90 days. Planner: Jesse Fulcher 5. LSD 13-4483: Large Scale Development (1707 W. NETTLESHIP ST./UNIVERSITY BROWNSTONES, 520): Submitted by BLEW AND ASSOCIATES for property located at 1707 WEST NETTLESHIP STREET. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 1.00 acre. The request is to construct two buildings with 13 residential units. Planner: Jesse Fulcher 6. LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck. Planner: Andrew Garner STAFF RECOMMENDS THIS ITEM BE TABLED WITHOUT DISCUSSION UNTIL THE JANUARY 13, 2014 PLANNING COMMISSION MEETING BECAUSE BUILDING DOES NOT MEET THE CURRENTLY ADOPTED BUILDING HEIGHT REGULATIONS. 7. RZN 13-4546: Rezone (4377 HUNTSVILLE ROAD/BALDWIN CHURCH OF CHRIST, 569): Submitted by JORGENSEN & ASSOCIATES for property located at 4377 HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY FOUR UNITS PER ACRE and contains approximately 2.07 acres. The request is to rezone the property to P-1, INSTITUTIONAL. Planner: Quin Thompson 8. RZN 13-4547: Rezone (MLK/BEECHWOOD/EATON, 521): Submitted by JORGENSEN& ASSOCIATES for property located at 1541/1555/1561 MARTIN LUTHER KING BLVD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 1.54 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Quin Thompson 9. RZN 13-4548: Rezone (MCMILLAN ESTATES, 441): Submitted by JORGENSEN & ASSOCIATES for property located at the SOUTHEAST CORNER OF I-540 AND WEDINGTON DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 19.61 acres. The request is to rezone the property to UT,Urban Thoroughfare. Planner: Andrew Garner 10. RZN 13-4552: Rezone(PARK WEST,209): Submitted by ENGINEERING SERVICES for property located at HWY 112, NORTH OF TRUCKERS DRIVE. The property is zoned R-PZD PARK WEST and contains approximately 25.90 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Jesse Fulcher 11. RZN 13-4553: Rezone (WEDINGTON CIRCLE, 404): Submitted by JOHN SCHMELZLE for property located WEST OF WEDINGTON DRIVE AND GARLAND AVENUE. The property is zoned R-PZD WEDINGTON CIRCLE and contains approximately 6.12 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Jesse Fulcher 12. ADM 13-4565: Administrative Item (UDC AMENDMENT: LARGE SCALE DEVELOPMENT/PARKLAND DEDICATION APPLICABILITY): Submitted by CITY PLANNING AND PARKS DEPARTMENT STAFF for revisions to the Unified Development Code, Chapters 151, 166 and the City Code §94.06 to amend the definition of and applicability for parkland dedication for certain large scale development applications. Planner: Andrew Garner 13. ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY & STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. Staff: Peter Nierenearten NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you,go to the podium and give your name and address.Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point,and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings, 72 hour notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the Planning Commission agenda 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. Planning Commission November 25, 2013 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on November 25,2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: October 28,2013 Approved Page 3 MINUTES: November 12,2013 Approved Page 3 VAC 13-4533: Vacation (2732 &2734 WILDWOOD/LEGACY,363): Page 3 Approved New Business: ADM 13-4527: Administrative Item (731 RAZORBACK/PRESTRIDGE, 560): Page 4 Approved CUP 13-4535: Conditional Use Permit(1481 W.VAN ASCHE DR./NWA TOWING& RECOVERY,209): Page 5 Approved RZN 13-4538: Rezone (RAZORBACK RD.NICTORY COMMONS, 560): Page 6 Forwarded RZN 13-4536: Rezone (4310 W. MARTIN LUTHER KING BLVD./EDWARDS, 594): Page 7 Denied ADM 13-4331: (URBAN AGRICULTURE CODE AMENDMENTS): Page 8 Tabled December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 1 of 10 Planning Commission November 25, 2013 Page 2 of 9 MEMBERS PRESENT MEMBERS ABSENT William Chesser Ryan Noble Porter Winston Craig Honchell Ron Autry Tracy Hoskins Kyle Cook Blake Pennington Sarah Bunch STAFF PRESENT Andrew Garner Quin Thompson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM—Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Noble were present. December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 2 of 10 Planning Commission November 25, 2013 Page 3 of 9 Consent. Approval of the minutes from the October 28,2013 meeting. Approval of the minutes from the November 12, 2013 meeting. VAC 13-4533: Vacation (2732 & 2734 WILDWOOD/LEGACY, 363): Submitted by BATES & ASSOCIATES for property located at the 2732 & 2734 WILDWOOD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY,24 UNITS PER ACRE and contains approximately 1.15 acre.The request is to vacate a utility and drainage easements. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 3 of 10 Planning Commission November 25, 2013 Page 4 of 9 New Business: ADM 13-4527:Administrative Item(731 RAZORBACK/PRESTRIDGE,560):Submitted by RUSTY AND TARA PRESTRIDGE for property located at 731 RAZORBACK ROAD.The property contains approximately 0.73 acres and is zoned I-1,HEAVY COMMERCIAL/LIGHT INDUSTRIAL.The request is for a variance to allow a temporary retail structure to remain on the property for longer than 90 days. Quin Thompson, Current Planner, read the staff report. Rusty Prestridge, applicant, discussed his business and offered to answer questions. No public comment was presented. William Chesser,Commissioner,asked why the applicant's trailer was currently in violation of the [Outdoor Mobile Vendor] permit. Prestridge responded that his trailer was just a few feet from the approved location. Chesser asked staff what the concern with the location was. Thompson responded that the business is currently inside the building setback for the property. Motion: Commissioner Winston made a motion to approve ADM 13-4527. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-1. (Commissioner Hoskins recused.) December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 4 of 10 Planning Commission November 25, 2013 Page 5 of 9 CUP 13-4535: Conditional Use Permit(1481 W. VAN ASCHE DR./NWA TOWING & RECOVERY, 209): Submitted by AMANDA MANNING for property located at 1481 WEST VAN ASCHE DRIVE. The property contains approximately 2.68 acres and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is to operate a towing facility and impound yard on the property. Andrew Garner, City Planning Director, gave the staff report. Amanda Manning and Brent Manning,applicants, were present for questions,and discussed that they will not be adding any new lighting and agree with the conditions of approval. No public comment was presented. Commissioner Hoskins asked about I-540 Design Overlay District. Garner discussed that the DOD has been removed,except for in the sign ordinance where it prevents pole signs in the DOD. Commissioner Hoskins asked about commercial design standards of the existing building. Garner discussed that it is grandfathered-in and is not required to be brought into compliance with this type of application. Motion: Commissioner Chesser made a motion to approve CUP 13-4535. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-1. (Commissioner Autry recused.) December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 5 of 10 Planning Commission November 25, 2013 Page 6 of 9 RZN 13-4538: Rezone (RAZORBACK RD.IVICTORY COMMONS, 560): Submitted by PARADIGM DEVELOPMENT for property located at RAZORBACK ROAD. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 5.17 acres.The request is to rezone the property to UT, Urban Thoroughfare. Quin Thompson, Current Planner, read the staff report. Public comment: Aubrey Shepherd,Citizen,said that he had photographed the area many times and said that the area contained drainage and wetland areas. He said that the area was a designated Army Corps of Engineers wetland,and that as such it is critical to properties downstream all the way to Beaver Lake. William Chesser,Commissioner,asked Shepherd if there was timber on the southern portion of the property. Shepherd answered that there was. No more public comment was presented. Chesser asked Thompson if the trees would be protected. Thompson replied that development would be reviewed by the Urban Forester, and that a minimum canopy requirement must be met. Porter Winston,Commissioner,stated for the record that the Commission was concerned for the environment. Kyle Cook, Commissioner, expressed his hope that staff would review any future development to ensure that trails and street traffic conditions would be considered carefully to improve a difficult condition. Motion: Commissioner Chesser made a motion to forward RZN 13-4538. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-1. (Commissioner Hoskins recused.) December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 6 of 10 Planning Commission November 25, 2013 Page 7 of 9 RZN 13-4536: Rezone (4310 W. MARTIN LUTHER KING BLVDJEDWARDS, 594): Submitted by BATES & ASSOCIATES, INC. for property located at 4310 WEST MARTIN LUTHER KING BOULEVARD. The property contains approximately 4.42 acres and is zoned R-A, Residential Agricultural. The request is rezone the property to C-1,Neighborhood Commercial. Andrew Garner, City Planning Director, gave the staff report. Evan Neihues, applicant, discussed the request for C-1, and the owner's concerns for developing a drive- through in a form-based zoning district. Garner discussed that it is possible to develop a drive-through restaurant in a form-based zoning district,but that the drive-through could not likely be placed between the building and the public street. Evan Neihues,applicant,discussed the concern with lot width and 65%street frontage requirement,variances that may have to be requested. Garner discussed fairly recent code changes to form-based zoning districts that exempt auto-oriented development from having to meet the minimum buildable street frontage percentage. Public Comment: Aubrey Shepherd discussed watershed issues and concluded that he was okay with this proposal. No more public comment was presented. Commissioner Hoskins asked the applicant why they were including all four acres, including the floodplain area in the rezoning. Evan Neihues, applicant, discussed that the proposal does not necessarily have to include all four acres. Commissioner Hoskins asked why the Community Services zoning district will not work. Evan Neihues discussed concerns with access and cross access. Commissioner Winston asked about the curb cut for this property. Garner discussed the curb cut for Career Academy and notations placed on the lot split that was filed of record limiting this overall original tract to a total of two curb-cuts to MLK Boulevard. Commissioner Honchell asked about the setback for Career Academy. Garner displayed an aerial photo on the screen showing the setback for Career Academy. Commissioner Chesser asked if there were other zonings that could facilitate the applicant's type of development. Garner discussed that staff felt the property was appropriate for commercial uses,just not in the suburban December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 7 of 10 Planning Commission November 25, 2013 Page 8 of 9 strip commercial form. He discussed a recent drive-through doughnut store for a national franchise that staff reviewed in the Community Services zoning district that has a drive-through lane that is not between the building and street. It is feasible for this property to be developed in an urban form in staff s opinion. Commissioner Honchell discussed that this is a difficult decision but that he feels there is another solution that can work here, rather than C-1. Kit Williams, City Attorney, gave some background from his experience on City Council and reasons why decisions were made along this street corridor to prevent another College Avenue type of development pattern from occurring. Commissioner Cook also gave background from his experience on City Council and decisions along the MLK corridor. Motion: Commissioner Chesser made a motion to deny RZN 13-4536. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 8 of 10 Planning Commission November 25, 2013 Page 9 of 9 ADM 13-4331:(URBAN AGRICULTURE CODE AMENDMENTS): Submitted by SUSTAINABILITY & STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and 164 to modify regulations associated with Animals and Fowl, and Urban Agriculture. STAFF RECOMMENDS TABLING THIS ITEM UNTIL THE DECEMBER 9, 2013 PLANNING COMMISSION MEETING. No staff report was presented. No public comment was presented. Motion: Commissioner Chesser made a motion to table ADM 13-4331 to the 12-9-13 Planning Commission meeting. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 7.25 PM. December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 9 of 10 December 9,2013 Planning Commission PC Minutes 11-25-13 Agenda Item 1 Page 10 of 10 • aye evlle PC Meeting of December 9, 2013 ARKANSAS i (I[, CtIY 01 1 AY'[,' 1I.Vil,LL. ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director DATE: December 3, 2013 VAC 13-4544: Vacation (HARVEY'S HILL/CENTER & DUNCAN, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and DG, DOWNTOWN GENERAL and contains approximately 2.08 acres. The request is to vacate a 25-foot utility easement. Planner: Andrew Garner Findings: Property and Background- The subject property is a 25-foot general utility easement traversing east- west across property at the southwest corner of West Center Street and South Hill Avenue. The overall site contains approximately 2.08 acres and is proposed to be developed for the Harvey's Hill multi-family project (LSD 13-4524). The subject utility easement contains a sanitary sewer main that will be relocated with the Harvey's Hill development. Surrounding land use and zoning is depicted in Table I. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North University of Arkansas; Multi-family RMF-40, Residential Multi-family, 40 du/acre Residential South Single and Multi-family Residential RMF-40, Residential Multi-family, 40 du/acre East University of Arkansas; Multi-family DG, Downtown General Residential RMF-40, Residential Multi-family, 40 du/acre West West Center Multi-family DG, Downtown General; development under construction RMF-40, Residential Multi-family, 24 du/acre Request: The applicant's request is to vacate the existing 25-foot utility easement as indicated on the attached exhibit. Easement Vacation Approval: The applicant has submitted the required easement vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. CITTC\Development Services Review120130evelopmenl Review\13-4544 VAC Duncan&Center(Harvey's I-�1 �3��1e���, 013 Commission\]2-09-2013\Comments and Redlines Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 1 of 16 UTILITIES RESPONSE Cox Communications No objections Southwestern Electric Power Company No objections Source Gas No objections AT&T No objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Solid Waste No objections, subject to relocation of the sewer line Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4544 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall beat the owner/developer's expense. 2. A new sanitary sewer line shall be installed as currently proposed with the Harvey's Hill development, to provide sewer to this site. The proposed sewer line shall enter the existing manhole at no less than 90 degrees from the outgoing sewer. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: December 9,2013 Motion: Second: Vote: Notes: C:\ETC\Development Services Review\2013\Development Review\13-4544 VAC Duncan&Center(Harvey's[698 r 96"gilk13 Commission\12-09-2013\Comments and Redlines Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 2 of 16 MCCLELLAND 1810 N. College Avenue NEFCONSULTING 0317 sox 1229 Fayetteville,AR 73703/72702-1229 479-443-2377/Fax 479-443.9241 ENGINEERS, INC. www.mcclettand-engrs.com October 28, 2013 RE: LSD00-4524; Harvey's Hill Easement Vacation Planning Commission: As a part of the LSD occurring on the Harvey Hill property near the intersection of Center Street and Duncan Ave, I, along with the developers are seeking to vacate an existing 25' utility easement within the proposed property boundary. Please reference the survey plat provided within this easement vacation submittal package for more detailed description and location of the easement in question. This 25' utility easement is currently home to a sanitary sewer main. In order to develop the subject property as intended, this sanitary sewer routing will be relocated from its current east/west configuration to a north/south configuration. This new sanitary sewer routing will terminate at a new proposed manhole on the southern side of Center Street. This is more specifically described in the submitted civil documents related to LSD 00-4524, Harvey's Hill. Please don't hesitate to contact me if there are any questions or concerns at this time. Sincerely, Leslie Tabor Itaborta)mcclelland-ena rs.com .Mceld&nd eamuPting Laybweta,Sue.- "53wt&ujirwe%ing Jivm" atkarwae `9emineoe 2009,2010,d 2012 awaxd.42ecipienl December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 3 of 16 PETITION TO VACATE AN EASEMENT LOCATED BETWEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION,CITY OF FAYETTEVILLE,ARKANSAS TO:The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned, being all the owners of the real estate, being represented by the petitioner's authorized agent,abutting the EASEMENT hereinafter sought to be abandoned and vacated,lying in LOCATED BETWEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION,CITY OF FAYETTEVILLE,ARKANSAS ,a municipal corporation,petition to vacate AN EASEMENT which is described as follows: UTILITY EASEMENT DESCRIPTION AS PER ORDINANCE NO.3210 A 25 FOOT WIDE STRIP OF LAND LYING BETWEEEN LOT 1 OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION,TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE ABOVE SAID LOT 1,THENCE SOUTH 87°06'02" EAST- 176.00 FEETTO THE SE CORNER OF THE ABOVE SAID LOT 1; THENCE SOUTH 2°53'58"WEST-25.00 FEET TO THE NE CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 87°06'02"WEST-176.00 FEET TO THE NW CORNER OF THE ABOVE SAID LOT 24; THENCE NORTH 2°53'58" EAST-25.00 FEET TO THE POINT OF BEGINNING. That the abutting real estate affected by said abandonment of the easement are LOT l OF BLOCK 4 IN I.W. DUNCAN'S ADDITION AND LOT 24 OF BLOCK 2 IN PUTMAN'S ADDITION,CITY OF FAYETTEVILLE, ARKANSAS, 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 petitioner's authorized agent prays 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 petitioner's authorized agent further prays that the above described real estate be vested in the abutting property owners as provided by law. December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 4 of 16 WHEREFORE,the undersigned petitioner's authorized agent respectfully prays 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 alley. Dated this r"lay of FjgC4^01111i 201J—. Seth pill-A!5 Printed Name (Authorized Agent) Signature December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 5 of 16 ❑g � a— e� xo "sa„�srw�a�re��;za o� g„•m� alb � �� "� at LAB ! �LJLS� so e� <aw.soy8o €.aso maa8 ebs � 3 :e, 0 �u ypp L�➢'- C n <-. Yg � p"?�y�Sia m� mC�€ ..• 1 �� ¢ E K� ��� $ II o�g ��� c1�S€�gWaa�`•Gsa� b£po�oj q��a 3 LL� NN E<"tl U a =O; g�a � 9Ra�.°za € m< ray.d�aii•�.a �: £07� .E. � Y€ z A #n ZO 69Z V1 771H , u , . : •� � ; ., � � J:-- �- -`.fid/a------- ------"—' — Cid/a 'YAI,BBLS.zS W � � � a �ac / � �M/a •@�tl d/a �` d/a ” 4b �• �� e N o 0 3 Y2 ry _ Y /I. F � I N i LLS 6aF 741 ' ` ,OO Sff—.�BS.fGZN .. —•.J•� $g`c "' g , 1tJ � � of x c5 kY pry ` � J i F wr ia.a.o No;i3 ,00roaz -3ssmzN � < .ro<: iase 'SAY NYJNOO ,6 g z" + � g NN � w I E�S,•m9 oe�i � II a � z V ` I axz Y � � Q rc FYey'J December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 6 of 16 ; ., ) - � �, :|||@; fin . B ! r!.§ ` ■ ! j (§|| tI! ■ E « § � § § � � ( § z� j ^��■------ —------ —© _ WAY. « : ��� ~ \ | . ILA .Q - 3.vFX9 , § . :_ - !99.rr9N ar NY_ + I , , § i k\/ i�� ® f ;!|| ■§;z — ` !� | § . ! o L) N V) S __,!», Planning Commission Agenda Item Page of 0 mvtle & c l o s i n g 1450 E.Zion Road—Suite 7 Fayetteville,AR 72703 For the use and benefit of McClelland Consulting Engineers STATE OF ARKANSAS ) COUNTY OF Washington) We the undersigned,being an employee of City Title&Closing LLC, do hereby certify that we have made due and diligent search of the Records in the Assessor's Office within and for Washington County,Arkansas,and find the owners,and their addresses as shown in Exhibit"A". IN-SO-FAR as the same affects the following described property,to-wit: Lots 1,2,3,4,6,7, 8,9 and 10 all in Block 4 of I.W.Duncan Addition to the City of Fayetteville, Washington County,Arkansas. LESS AND EXCEPT THE EAST 10 FEET OF LOT 6,BLOCK 4. ALSO Lots 20,21,22,23 and 24,all in Block 2,Putman Addition to the City of Fayetteville,Washington County, Arkansas. Dated July 15,2013 City Title&Closing LLC 1450 E.Zion Road,Suite 7 Fayetteville,AR 72703 479-935-4177 ,� n By: Jimmy Plumice,Authorized Signatory Agency License No.382820 Signing Agent No.324772 December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 8 of 16 k )VUll �rrw* Nt- it x%, fu RIW.IlY 01. �A A� , kl t IF$ VND jrc--cjv 6,k'3 December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITY COMPANY: Cox Communications APPLICANTNAME: SETH MIMS - SREG APPLICANT PHONE:(479)966-4439 REQUESTED VACATION(applicant must check all that apply): X Utility Easement f 1 Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley ., Street right-o6-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") xa SE Corner of Center Street & Duncan Ave (ATTACH legal description and graphic representation of what is being vacated-SURVEY) 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: gnalure of Utility Company Representative Title Aagmn 2012 Page 5 December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 10 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITY COMPANY: APPLICANT NAME: SETH MIMS - SREG APPLICANT PHONE :(479)966-4439 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 right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley,easement, right-of-iPay),described as follows: General location/Address(referring to attached document-must be completed"*) *" SE Corner of Center Street & Duncan Ave (ATTACH legal description and graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: LV' 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: Wol9C4— natureofUti' ompaayRepresentative 4/&lkIN EF2 1—� Title Augus12012 Page 5 December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITY COMPANY: Source Gas APPLICANTNAiNE: SETH MTMS — SREG AppLICANTpHONE:(479)966-4439 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 right-of-way. ❑ Alley r. Street rigbt-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") SE Corner of Center Street & Duncan Ave (ATTACH legal description and graphic representation of what is being vacated-SUR VE I) `yUTILITY COMPANY CONEVIENTS: No objections to the vacation(s)described above. ❑ \ No objections to the vacation(s)described above,provided following described easements are retained. (Statethe location,dimensions,and purpose below.) ❑ No objections provided the following conditions are met: Signature IIollf Utility Company Representative en Title Avgwi 2012 Page 5 December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 12 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 r✓ UTILITY COMPANY: APPLICANT NAME: SETH MIMS - SREG APPLICANT PHONE:(479)966-443 9 REQUESTED VACATION(applicant mast check all that appl)9: ;{ x Utility Easement i 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-Q(--wap),described as follows: General location/Address(referring to attached document-must be completed") mx SE Corner of Center Street & Duncan Ave (ATTACH legal description aurlgraphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. No objections to the vacations)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: Signature of Utility Company kepresentaLive � I Title inignsr zalz Page 5 ! i December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 13 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 10/21/13 UTILITY COMPANY: City of Fayetteville-Water& Sewer APPLICANTNAME: SETH MIMS - SREG _ _ APPLICANT PHONE:(479) 966-4439 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 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") ## SE Corner of Center Street & Duncan Ave (ATTACH legal description and graphic representation of what is being vacated-SURVE19 UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s)described above. I l No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) llf No objections provided the following conditions are met: A new sanitary sewer shall be installed as proposed to provide sewer service to the site. The proposed sewer shall enter the existing manhole at no less than 90 degrees from the outgoing sewer. Signature of Utility Com .nty Representative Utilties Engineer Title Augusl 2012 Page S December 9,2013 Planning Commission VAC 13-4544 Harvey's Hill Agenda Item 2 Page 14 of 16 VAC13-4544 CENTER AND DUNCAN Close Up View ......................... .... RMF40 FR t SUBJECT PROPERTY - — z U J O i � DG L-- - - - - -- - - -- -- -- Legend TREAD WELL ST - - -.i. -Multi--lse Trail (Existing) •..... re Trails - _'_' ueville City Limits AC 13-4544 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 37.5 75 150 225 300 ------ Planning Area Feet camber 9,2013 anning Commission Agenda Item 2 Page 15 of 16 One Mile View - - • , /k 1�Y a d^'T• i 1 t 1 - 'F' i•,Yinl �� � ' i�-� .may.• � ..e�n• pry �•—�.-'�.., �� i i 1 ' � •_ r -IT ��'Y! I ��•Y �4� a ppp �`i I �"� w II� _ �� _ 1 • � � fr�t� I r I ��1I� �,yypi��q qq 1 � -�, i 4,'fY � • ... ? 4 wlrtid � _ - � • e �yY _ y1. � il lij PUBLI W Fjt ARA 111 r I ISI ! �� /�'�Y.`�! iLiP.. �� � fes:fi' .-.•• r �". l' 1 � 1 - •- 1