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HomeMy WebLinkAbout2009-06-22 - 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,June 22,2009, 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 a ee;i ARKANSAS TENTATIVE AGENDA THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telep6ne:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION MONDAY,JUNE 22,2009,5:30 p.m. Room 219,City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the Monday, June 8, 2009 meeting. 2. VAC 08-3181: (ELSASS/621 ROCKCLIFF ROAD,449): Submitted by KIRK ELSASS for property located at 619 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 0.27 acres. The request is to vacate a drainage casement on the subject property. Planner: Jesse Fulcher 3. VAC 09-3320: (ELSASS/621 ROCKCLIFF ROAD,449): Submitted by ALAN REID for property located at 621 ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY- 4 UNITS/ACRE and contains approximately 0.71 acres. The request is to vacate two utility and drainage easements on the subject property. Planner: Jesse Fulcher 4.VAC 09-3321: (HUBBARD/TRAILS END LANE, 060): Submitted by TOM HUBBARD for property located at 4830 TRAILS END, STONEWOOD S/D. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 0.24 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Dara Sanders 5. ADM 09-3334: (ROOT ELEMENTARY, 408): Submitted by FAYETTEVILLE SCHOOLS for property located at 1529 E. MISSION BLVD. The request is to amend a condition of approval for CUP 08-3074 to extend the required removal date of the approved temporary classroom. Planner: Dara Sanders Old Business: 6. CUP 09-3295: (ZAREMBA-CULVER/317 HUNTSVILLE, 524): Submitted by KARYN ZAREMBA-CULVER for property located at 317 HUNTSVILLE ROAD. The property is zoned NC,NEIGHBORHOOD CONSERVATION and contains approximately 1.26 acres. The request is to operate a plant nursery on the subject property. Planner: Andrew Garner New Business: 7. CUP 09-3322: (AMERICAN TOWER/MILLSAP ROAD, 213): Submitted by RANDAL B. FRAZIER for property located at 1285 E MILLSAP ROAD. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 1.19 acres. The request is for a 150'monopole wireless communication facility on the subject property. Planner: Jesse Fulcher THIS APPLICATION HAS BEEN WITHDRAWN 8. RZN 09-3318: (HAPPY HOLLOW SCHOOL/CROSSOVER RD.,527): Submitted by CRAFTON, TULL, SPARKS &ASSOC. for property located at 0.50 MILES N OF HWY 16E, W OF CROSSOVER ROAD,NE OF HAPPY HOLLOW SCHOOL. The property is zoned RSF-4, SINGLE FAMILY -4 UNITS/ACRE and contains approximately 32.53 acres. The request is to rezone the subject property to P-1, Institutional. Planner: Andrew Garner 9. RZN 09-3317: (WHITFIELD/CROSSOVER RD.,527): Submitted by CRAFTON, TULL, SPARKS & ASSOC. for property located at APPROXIMATELY 0.50 MILES N OF HWY 16E, W OF CROSSOVER ROAD. The property is zoned RSF-4, SINGLE FAMILY-4 UNITS/ACRE and contains approximately 9.31 acres. The request is to rezone the subject property to MSC, Main Street Center. Planner: Andrew Garner 10. R-PZD 09-3237: (MARKHAM HILL COTTAGE COURTS, 520): Submitted by ROBERT SHARP for property located at THE NW CORNER OF CROSS &MAINE WEST TO SANG AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT AND RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE, and contains approximately 2.65 acres. The request is for Zoning, Land Use and Development approval of a Residential Planned Zoning District with 18 single and 13 two-family residences. Planner: Andrew Garner 11. ADM 09-3288: (UDC AMENDMENT §163.15 TRANSIT SYSTEM SHELTERS): Submitted by Planning Staff,the request is to amend Unified Development Code §163.15 Transit System Shelters to clarify the allowance of transit system shelters within Master Street Plan right- of-way and building setback areas and to allow administrative approval for transit benches. Planner: Leif Olson 12. ADM 09-3332: (URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by Planning Staff. The request is to amend Chapter 166.23 Urban Residential Design Standards in order to clarify parking lot location standards. Planner: Jesse Fulcher STAFF REQUESTS THIS ITEM BE TABLED TO THE JULY 13, 2009 PLANNING COMMISSION MEETING TO ALLOW FURTHER RESEARCH. 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 (Telecommunication Device for the Deaf)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. Planning Commission June 8, 2009 Page I of]] MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 8,2009 at 5:30 p.m.in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN MINUTES: May 26, 2009 Approved Page 3 ADM 09-33329: (VILLAGE AT SHILOH 2ND EXTENSION, 519) Approved Page 3 ADM 09-3329: (CHAMPION CLUB CONDOS 2ND EXTENSION, 599 ) Page 3 Approved ADM 09-3331: (PREMIER PLAZA EXTENSION, 595) Approved Page 3 ADM 09-3328: (DEPOT PARKING CUP EXTENSION, 484) Approved Page 3 PPL 09-3329: (TWIN CREEKS VILLAGE PH. II, 172) Approved Page 4 CUP 09-3294 (OGDEN FAMILY TRUST SELF STORAGE, 638) Denied Page 6 CUP 09-3293: (ROLL-OFF/CATO SPRINGS ROAD, 599) Denied Page 8 CUP 09-3295: (ZAREMBA-CULVER/317 HUNTSVILLE, 524) Tabled Page 11 June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 1 of 12 Planning Commission June 8, 2009 Page 2 of 11 MEMBERS PRESENT MEMBERS ABSENT Matthew Cabe James Graves Craig Honchell Jeremy Kennedy Audy Lack Christine Myres Sean Trumbo Porter Winston Jim Zant STAFF PRESENT STAFF ABSENT Jeremy Pate Andrew Garner Jesse Fulcher Dara Sanders Glenn Newman Matt Casey Chris Brown CITY ATTORNEY: Kit Williams 5:30 PM-Planning Commission Vice Chair Andy Lack called the meeting to order. Commissioner Lack requested for all cell phones to be turned off,and informed the audience that listening devices were available. Upon roll call, all members were present with the exception of Commissioner Trumbo. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 2 of 12 Planning Commission June 8, 2009 Page 3 of 11 Consent. Approval of the minutes from the May 26, 2009 Planning Commission meeting. ADM 09-3330: (VILLAGE AT SHILOH LSD 2°d EXTENSION): Submitted by Crafton Tull Sparks, Inc. for property located on the west side of Shiloh Road, 1.2 miles south of Wedington Drive. The request is for a second one year extension of the approval of the Village at Shiloh LSD 07-2594. ADM 09-3329: (CHAMPIONS CLUB CONDOS PZD 2 R EXTENSION): Submitted by Crafton Tull Sparks,Inc. for property located at the southwest corner of 15th Street and Razorback Road.The request is for a second one year extension of the approval of the Champions Club Condos R-PZD 07-2551. ADM 09-3331: (PREMIER PLAZA EXTENSION): Submitted by H2 ENGINEERING,INC for property located at the northwest corner of MARTIN LUTHER KING JR, BOULEVARD. The request is for a one-year extension of the approval of Premier Plaza, LSD 07-2880. ADM 09-3328: (DEPOT PARKING CUP MODIFICATION): Submitted by Greg House for property located at the northwest corner of Dickson Street and West Avenue. The request is to modify the Conditional Use Permit approval to allow for additional time for the installation of the required landscaping. No public comment was received. Motion: Commissioner Winston made a motion to approve the Consent Agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 7-0-1 with Commissioner Lack recusing). June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 3 of 12 Planning Commission June 8, 2009 Page 4 of 11 New Business: PPL 09-3289: (TWIN CREEKS VILLAGE PH. II, 172): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at SW OF THE INTERSECTION OF E VAN ASCHE DRIVE AND N STEELE BOULEVARD. The property is zoned C-1,NEIGHBORHOOD COMMERCIAL and contains approximately 5.69 acres. The request is for a commercial subdivision with 6 lots. Jesse Fulcher,Current Planner,gave the staff report,describing the unresolved determination of the extension of Northwood Avenue, a street stub-out from an adjacent residential subdivision to the south. Mr.Fulcher gave a brief history of the agreements between the Centerbrook Subdivision and the developers of CMN II. Additionally,an overview of the Street Committee meeting held on June 4, 2009 was provided. The Street Committee voted 4-0-0 to recommend to the Planning Commission that Northwood Avenue not be extended through this development. Leslie Tabor, applicant, stated that she had no additional comments. Stephanie Smith, neighbor, stated that there was no benefit to the neighborhood if the street is extended. David Kensell, neighbor, asked about the private loop drive proposed for the development, and if the street connection would remove the on-street parking on Northwood. Chris Crosby, neighbor, stated that he didn't see a safety benefit to making the street connection and that Northwood was not designed for through traffic. 011ey Hallawell, neighbor, stated the street connection would be utilized by large delivery trucks serving nonresidential development and the traffic speeds would increase on Northwood. Robert Murphy, neighbor, stated that through streets are proven to increase traffic, traffic speeds and lower property values. Most of the homes only have one car garages and on-street parking is crucial. The City needs to make a final determination on this street connection. Mary Tripert,neighbor,stated that the increase traffic would make the street unsafe for pedestrians. AJ Ballor, neighbor, stated the vehicles exiting the bypass turn east onto Shiloh and then use Northwood for a u-turn,so they then can go west on Shiloh. A street connection would likely result in this traffic using Northwood to get back to Gregg Street. Penny Ballor,neighbor, stated that she is opposed to extending the street and that she hasn't heard any benefits to this extension. Commissioner Lack asked staff to address the neighbors questions regarding on-street parking. Jeremy Pate,Development Services Director,stated that on-street parking should be fine based on the width of the street. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 4 of 12 Planning Commission June 8, 2009 Page 5 of 11 Commissioner Lack stated that the recommendation by the Street Committee is helpful for the Planning Commission when considering their recommendation. Commissioner Graves stated that he reviewed the development at Subdivision Committee and the only item of discussion was the street extension, which they didn't support. Motion: Commissioner Myres made a motion to approve the request with a recommendation not to extend Northwood Avenue through the subject development and approval of all other conditions. Commissioner Graves seconded the motion. Upon roll call the motion passed with a vote of 8-0- 0. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 5 of 12 Planning Commission June 8, 2009 Page 6 of]] CUP 09-3294: (OGDEN FAMILY TRUST/SELF STORAGE,638): Submitted by NATHAN OGDEN PICK-IT CONSTRUCTION for property located at 2300 & 2340 S. RAZORBACK ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 10.19 acres. The request is for a self storage development on the subject property. Dara Sanders, Current Planner, read the staff report, describing the request. Staff recommended denial of the application, finding that the proposal to mass 2.4 acres of impervious surface in a sensitive natural environment on a hillside that is clearly visible would adversely affect the public interest and does not comply with the City Plan 2025 Future Land Use designation of City Neighborhood Area or the guiding principles of the Fayette Junction Master Plan. Chad Childress,representative,described the project,stating that he and his client believe that the proposal was a low-impact development that would be screened from view. No public comment was received. Commissioner Zant asked if staff attempted to negotiate with the applicant to establish terms that would be agreeable to both parties in order to increase compatibility and achieve a recommendation of approval. Jeremy Pate, Director of Development Services, explained that staff does negotiate with the applicant in certain situations; however, staff finds that the proposal is not compatible at this location. The conditions of approval necessary to ensure compatibility and compliance with the guiding principles and policies would produce a completely different project from that presented by the applicant. Commissioner Winston stated that he is against the application because of the environmental impact. Commissioner Honchell asked if the owner was involved in the Charrette process for the Fayette Junction Master Plan. Childress could not verify. Commissioner Myres stated that she did not support the request, finding that the development practice proposed is not appropriate at the proposed location. Commissioner Kennedy expressed an interest in tabling the request in order for the applicant to coordinate with staff. Commissioner Lack stated that he did not support the request,finding that the proposal would have an adverse impact on the natural environment and would not comply with the Commercial Design Standards. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 6 of 12 Planning Commission June 8, 2009 Page 7 of]] Motion• Commissioner Myres made a motion to deny CUP 09-3294 based on staff's findings. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8- 0-0. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 7 of 12 Planning Commission June 8, 2009 Page 8 of 11 CUP 09-3293: (ROLL-OFF/ CATO SPRINGS ROAD, 599): Submitted by TOM ROLL OFF INDUSTRIES/SMITH for property located at 1348 W. CATO SPRINGS ROAD. The property is zoned 1-1,HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 4.45 acres. The request is to operate a metal recycling business on the subject property. Andrew Garner, Senior Planner,gave the staff report,giving the background of the uses on the site and the request for the proposed metal salvage that came about from a violation letter sent to the applicant in March 2009. Garner discussed that staff views the current business similar to Use Unit 23,which is a metal salvage use and is not permitted under the existing I-1 zoning on the site. Staff recommends denial of the request finding that it is not compatible with the existing zoning or surrounding land uses. Tom Smith (applicant) discussed that they have been operating on this site for seven years. They only had two complaints. He does not feel like they are in violation. He asks that maybe the Planning Commission consider tabling the request, and he is confident that we can meet the requirements of the city. No public comment was received. Commissioner Graves discussed a request that on future applications that it would be helpful when staff recommends denial or tabling an item that all of the recommended conditions of approval be listed, in case the Planning Commission decides to approve the item. Jeremy Pate, Development Services Director, discussed that in this particular application we discussed this issue internally,and determined that there were no feasible conditions of approval that staff could recommend,and we therefore left them out. Pate discussed that his interpretation is that the current business on the property falls under Use Unit 23,Heavy Industrial,and is not permissible on the property. The applicant's request is for recycling,but the use proposed is not recycling,Use Unit 28, and is not permitted. Whether or not this CUP is approved or denied,the existing business operations will be required to stop. Commissioner Lack asked the applicant about the application in October 2001 about rescinding the conditional use permit and whether the applicant's request to rescind the CUP removed the approval? Kit Williams, City Attorney, discussed that yes it would end the use, with the applicant's request. Pate agreed with City Attorney Williams. Smith discussed that his intention in 2001 was to withdraw the cardboard portion of the permit. Commissioner Lack discussed agreement with staff that the use is Use Unit 23 and not 28. Commissioner Cabe stated agreement with Commisioner Lack. He doesn't feel like there are any number of conditions that could bring this use, this business, into compliance. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 8 of 12 Planning Commission June 8, 2009 Page 9 of 11 Commissioner Honshell asked if the cardboard bailer was installed? Smith responded, no. Commissioner Honshell asked staff to clarify between recycling and metal salvage. Pate discussed that City codes do not have a specific definition so we use the common definition. He discussed the Vaughn Recycling Center that was recently approved through the Planning Commission and is a true recycling center. He discussed that materials are stored indoors. The rail component is different here,but for recycling,we've held others to standards where the materials are stored indoors. Commissioner Graves discussed that he is inclined to agree with staff.He discussed concerns with the conditional use permit being withdrawn and this business still opening for business when it was not permitted. Commissioner Kennedy asked what on this site would make this a recycling use? Pate discussed that in the previous CUP the cardboard bailer had to be inside,and that for this use to be considered recycling the processing and storage would need to be kept inside, which would reduce noise, dust, and other impacts. Tom Smith (applicant) discussed that they can do a better job of describing the use than they previously did. He discussed that pole barns are feasible and would help with their stormwater pollution prevention plan. Commissioner Zant discussed support for staff's recommendation but feels like this is a very important use. He would recommend the applicant work with staff to make it acceptable. Commissioner Winston asked about the concrete facility next door. Pate discussed that it likely is a nonconforming use that has been grandfathered in. Commissioner Winston discussed that this is a very important use and they may be able to make an argument for I-2. I'm inclined to let the applicant work with staff. Commissioner Myres discussed that she feels like this is an appropriate business, but not in this location. Motion: Commissioner Myres made a motion to deny CUP 09-3293 finding agreement with staff's findings. Commissioner Zant seconded the motion. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 9 of 12 Planning Commission June 8, 2009 Page 10 of 11 Commissioner Winston asked about ceasing the operation within 45 days. Commissioner Graves also asked about the timeframe for closing the business and reapplying with a new application. Pate discussed that if staff knows the applicant is actively pursuing a new CUP then this violation would not be sent to the prosecutor. Honchell asked about whether the location of a railway spur would illicit an automatic I-2 zoning. Pate discussed that no it would not, if a new development were proposed with a new railway spur then it might be appropriate to designate an I-2 zoning. Upon roll call the motion to deny CUP 09-3293 passed with a vote of 6-2-0 (Commissioners Honchell and Kennedy voting `no') June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 10 of 12 Planning Commission June 8, 2009 Page 11 of II CUP 09-3295: (ZAREMBA-CULVER/317 HUNTSVILLE, 524): Submitted by KARYN ZAREMBA-CULVER for property located at 317 HUNTSVILLE ROAD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.26 acres. The request is to operate a plant nursery on the subject property. Andrew Garner, Senior Planner,gave the staff report,describing the request for a small scale plant nursery. Finding the use to be compatible staff recommends approval. The applicant was not present. Sally Ebbrecht(416 S. Willow) requested that no retail be allowed at 8 AM in the morning, and that 9 PM at night is too late. If the greenhouse is screened it is okay. HW Ebbrecht (416 S.Willow) stated that there will be no peace in the neighborhood if retail is allowed. He discussed privacy issues and views from his kitchen. Commissioner Graves discussed that he felt 8 AM on weekends and 9 PM on weekdays is a concern. Condition No. 5, "large delivery vehicles"needs to be defined. Commissioner Zant discussed concerns with parking, 10 people per class with only four vehicles allowed to park on the property, hours of operation. He discussed that this use is pushing the envelope, it's almost as if we're trying to do to much. Commissioner Cabe discussed that the hours of operation seemed appropriate. Motion: Commissioner Cabe made a motion to table the request for two weeks until the June 22 Planning Commission meeting. Commissioner Kennedy seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. All business being concluded the meeting was adjourned at 7.30 PM. June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 11 of 12 June 22,2009 Planning Commission June 8,2009 PC Minutes Agenda Item 1 Page 12 of 12 Tayel T PC Meeting of June 22, 2009 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, Development Services Director DATE: June 10, 2009 VAC 08-3181: (KIRK ELSASS / ROCKCLIFF RD.): Submitted by KIRK ELSASS for property located at 619 N. ROCKCLIFF ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.08 acres. The request is to vacate a drainage easement on the subject property. Planner: Jesse Fulcher Findings: Property Description: The subject properties are located at 619 and 621 Rockcliff Road and zoned RSF-4. The properties were platted as part of Hyland Park Phase I (Lot 16) and Phase V (Lot 1). Lot 16 has been previous developed with a single-family home; however, Lot I is encumbered by several existing drainage and utility easements. Additionally, an existing drainage channel is located outside of the existing drainage easements. In an effort to create sufficient area for a new single-family home on Lot 1, that applicant is proposing to adjust the property line between the two lots, relocate a telephone and sewer service line, vacate several drainage and utility easements and dedicate new easements as necessary. Request: The applicant's request is to vacate the existing drainage easement and to plat a drainage easement over the true location of the drainage path. The applicant originally proposed to pipe and fill the existing drainage way; however, staff recommended a different approach due to the amount of grading and tree removal that would have been necessary for this option. 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 Not applicable. Arkansas Western Gas No Objections. Southwestern Bell Telephone No Objections. Relocation of any June 22,2009 K:\Reports\2009TC Reports\15-June 22\VAC 08-3181(Elsass_619 Rockcliff)Drainage easement.doc Planning Commission - VAC 09-3181 Elsass Agenda Item 2 Page 1 of 22 existing facilities shall he at the owner/developers expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Dedication of a new 20' drainage easement over the current drainage path shall occur prior to building permit approval. Additionally, not grading shall occur within the existing drainage channel. Public Comment: The adjacent property owners have indicated no objections to the proposed drainage easement vacation;however,a resident of the subdivision has objected to the proposal to reconstruct the existing drainage corridor. Recommendation: Based on a 1973 drainage plan that was produced for the Hyland Park development, it appears that the drainage through Lot 1, and the surrounding area, has changed very little in the past 35 years. With the exception of storm pipes that were installed to allow water to flow under the streets, the natural drainage paths have been preserved. If the drainage easement was incorrectly platted, or if the drainage path has shifted since the easement was dedicated,then the existing easement should be vacated and reestablished in the correct location. However, staff does not support a plan that will fill in the existing drainage channel, or remove much of the existing canopy. The applicant has resubmitted the proposal indicating that a home can be constructed on the property without disturbing the existing drainage channel. Therefore, staff recommends forwarding (VAC 08-3181) the request to the City Council with a recommendation of approval with the following conditions: Conditions of Approval- 1. The applicant shall submit a revised grading plan indicating the existing natural drainage channel shall remain undisturbed except to allow for the installation of the sewer service line. Silt fencing and/or tree preservation fencing shall be installed and inspected by City staff prior to any land disturbance. 2. A new 20' drainage easement shall be dedicated prior to building permit approval. 3. Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Renuired PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded ❑ Denied ❑ Tabled Date: June 22,2009 Motion: Second: Vote: June 22,2009 K:\Reports\2009\PC Reports\15-June 22\VAC 08-3181(Elsass_619 Rockcliff)Drainage easement.doc Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 2 of 22 DRAINAGE EASEMENT VACATION P�ETITIQ)N kTITION TO VACATE A DRAINAGE EASEMENT LOCATED IN LOT 1,BLOCK 9,HYDE PARK PHASE 5, 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 abutting the drainage easement hereinafter sought to be abandoned and vacated,lying in Lot 1,Block 9,Hyde Park Phase 5, City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a drainage easement which is described as follows: EXISTING DRAINAGE EASEMENT(TO BE VACATED) A PART OF LOT 1,BLOCK 9,HYLAND PARK PHASE 5 SUBDIVISION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT 1,SAD)CORNER BEING ON THE SOUTH RIGHT OF WAY LINE OF ROCKCLIFF ROAD, THENCE ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 46.00 FEET,SAID CURVE HAVING A RADIUS OF 187.26 FEET,A CHORD BEARING OF S81-54-44"E,AND A CHORD LENGTH OF 45.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE ALONG A CURVE TO THE RIGHT 21.31 FEET,THENCE LEAVING SAID RIGHT OF WAY LINE S38'27'22"W 82.23 FEET;THENCE S32034'14"E 40.43 FEET;THENCE S15'58'07"E 63.18 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID LOT 1;THENCE ALONG SAID PROPERTY LINE N6540147"W 26.22 FEET;THENCE LEAVING SAID PROPERTY LINE NI 5058'07"W 43.31 FEET;THENCE N32034'14"W 20.42 FEET TO A POINT ON THE WEST PROPERTY LINE OF SAID LOT 1;THENCE ALONG SAID WEST PROPERTY LINE N03048'36"W 44.09 FEET;THENCE LEAVING SAID WEST PROPERTY LINE N38*2722"E 66.76 FEET TO THE POINT OF BEGINNING,CONTAINING 0.08 ACRES,MORE OR LESS. That the abutting real estate affected by said abandonment of the drainage easement in the City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above, right described drainage easement. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, subject,however,to the existing utility casements 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 alley. Dated 20 this _g �0 DI day of 6cia- I e, Printed Namel Signature Printed Name Signature June 22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 3 of 22 l FOR RIGHT-OF WAY,ALLEY,AND UTILITY EASEMENT VACATIONS (�JDATE: -=-a t UTILITY COMPANY C)-ZA(Q 1CS eLec ec \ APPLICANTNAW: >r t���S APPLICANT PHONE: uo -�N MM1 L - REQUESTED VACATION(applicant must check all that apply): Utility Easement (O AWAG15) 12k C 1L 5 �1 C�Vv� t Rigbtof-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, easemer;4 right-of-way),described as follows: General location/Address(referring to attacbed document-must be completed") *� �iq �. '(Lec�cur� enao t �gY�rtEvlc.t�, A(Z �Z`I©J (ATTACH legal description and graphic representation ofwhat is being vacated-SURVEIL UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. V�— No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) I k t S 1 s /UD t- r rJ D Z A-k-W S Lcry l Gee di-64 Flea-c,mc�nr�c /d-EP��(,vE�co No objections provided the following conditions are met: Si tdity Company Representative Lead 4Va6i'wsc �- Title Fe'-agnft 2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 4 of 22 FOR RIGHT OF WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 2,77 U0 UTILITY COMPANY: COX APPLICANT NAME: V-1ty- f:-ISAG& APPLICANT PHONE: t,)DIY--61-A) REQUESTED VACATION(applicant must check all that apply): Y<tj -Zlsa Utility Easement (0y4A140,615) 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") a. aocy-cuvr- Copo I Ptc 7-2--701 (ATTACH legal description and graphic represen"an qfwhat 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: Si of Utility Company Representative Title Feb=72006 0-22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 5 of 22 n FOR RIGHT-OF WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 7-7 lJ� UTILITY COMPANY: APPLICANT NAME: 16yx e-tsfia, APPLICANT PHONE- MDOJL- REQUESTED VACATION(applicant must check all that apply): UtilityEasement (P9AWAG15) iii �k�S�SS ��0� �GYr1 - 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**) ** Cal 01 ►J. a0cr..Cur� COAD, 1FmvILLe, Ail. -72-101 (ATTACH legal description and graphic representation ofwhat is being vacate"UR VEY) 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 etained(State the location,dimensions,and purpose below.) No objections provided the following conditions are met: a NAA„AL) -Q4� Signature of Ulffity Company Representative UJ r Title February 2006 June 22,2009 Planning Commission VAC 09-3181 Elsass '.. Agenda Item 2 Page 6 of 22 FOR RIGHT-OF-WAY,ALLEY,AND UTI&T11'EASEMENT VACATIONS DATE: _ UMnY COWANY: Ap-oi N s.1 s APPLICANTNAME: _ V-?KV- EISOES APPLICANT PHONE:I�+901L-{+i}1)Saw REQUESTED VACATLON( nwgeheckgg 9raf a)po ): 31`11-4 3a j Utility Easement (VIn)I ") Kt Rr U,,,\_ Rigk-of-way for alley or streets and all utility easemeits located within the vacated right-of way_ ry Alley Street TW-of-way I have been notified of[be petition to vacab the fallowing(alley,easement rot-of-way),described as follows: General location I Adder(referring to attached downtent-must be oDmpktcd*') F.S. aorxcaK enoo, �--4'dm'vluc;, Ac -n-ioj (AITACHiegm[dmcnya m midgrapkia rgwmaiafatim afrnit&is being raca"SURVEP} UTILITY COMPANY COMdt RM: No otrjections to the vacation(s)de=bed above. I*Io objections to the vacation(s)desm*ed above,provided following descnbed easements are ietai ed. (State the location,diaimmoas,and purpose below.) No objections provided the followiag oondiitions are met: Sigaahae of utility Compal'Reptesentative Tide - Fe5rwry2006 June 22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 7 of 22 FOR RIGHT-()F-WAY,ALLEY,AND UTILITY EA,%',EMMNT VACATIONS DATE.: lo uTfLrfy CONIPANY: APPLICA,\7TNANLM: —T APPLICANT PHONE: L-VM-b-n) REQUESTED VACATION(gT14ramimust check g1that apply): I -I ✓ Utility Easement �OlnwAG15) Right-of-way for alley or streets and 0 utiMy easements located within the vacated right-of-way. Alley Street right-of-Way I have been notified of the petition to vacate the following(ailey, easement right-of-tray),described as follows: General locationI Address(referring ID attached document-Mast be completed**) i. . aoCy Addr -6V _ _LA.rF �7 &M ILLO'l. AV2- 77 01 0TTA CHkgol deyerifidaw and graphic r9proymtotfou of whae is being virowed-SUR VEJ9 UTILITY COINVAN-Y COINS: No objections to the vacation(s)described above. No objections to the vacations)described aLove,provided following described easements are retained. (State the locatim dimensions,and purpose below.) No-objections provided the foltowing condition we met: Ru-0 CATIO" or 012 -0 ArA R&F- fiQ :4 151-1),)G 15E A-r -rVAG V,0r'jEa Ott brzV0t_0pgrZ1S C-XPENS& of Company Represertative os? g,tj u6 : AI LT to 'Ffbnlaq 206 Jurfe 22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 1 d 6SOZSZt7986 'ON/SS:8 8 80 ,9Z '6 (1HA) Page8of22 yiou_q FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: D?r UTILITY COMPANY: 4-�54ult AA1640 4�C�5 CA) I rL APPLICANT NAME: APPLICANT PHONE: ta1fl/-- REQUESTED VACATION(applicant must check all that apply). Utility Easement C�(L WA&5) 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 c representation of wh at is being vacated-SVR VEI) 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 � S 0 Vs Title February 2006 June 22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 9 of 22 FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: :rA" ogae APPLICANT NAME: 6el[/e7tsoGs APP&ANT PHONE: Llze)/- REQUESTED VACATION(applicant must check aff that apply): Utility Easement (OaAWAGO V, 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**) LON, 2DA0, Ac -Mol (ATTACH legal description and graphic representation of what is being vacated-SUR VE 19 UTILITY COMPANY CONINIENTS: 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: Siomrff�rf Company Representative 'Title February 2006 June 22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 10 of 22 09/18/2008 THU 16:37 FAX 479 444 3478 COF SOLID WASTE & RECYCL 0 001/001 )/ST'l32/"Nb6825578164.6 .P. :2 FOR RIGH T.OR WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE; T UT COMPANY. p 910 J, I rkA I?J APPLICANT NAMR- APPLTCANTPHONE LWX- 10;*� RE/QUESTED VACA110N(applicant must chwkgg that - UtilltyEasemetit (OvZAWA66) Right-of-way for alley or streets and all utility Moment$located within the vacated right.of.-way, Alley Street right-of-way I have been notified of the petition to vacate the following(alley,eiudMent,righf�f-way),described 29 follows: General location Address(referring to attached document-must be completed**) ui(i ti. an-CLAVI: &00 (AI TA CM legal dega ip&n aid graphic repren n zaWon of what iv being vacated-SURVEY UTILITY COMPANY COMtvMNTS.- No objections to the vacatioW)described above. No objections to the vacations)described above,provided following described caaaaents are retaiacd, (State the location,dimensions,and purpose below.) No objections provided the following conditions are mc Signature of Utility Company Representative Title FebritarYAWne 22,2004 TSanning Commission VAC 09-3181 Elsass Agenda Item.2 Page 11 of 22 4- SLICLAili ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: Address location of vacation: utc, aocLal� Qpac) LS3T 1 i &C-cy-9 Adjacent property address: ('A V-OP'D Lot: F-1 Block:F-1 Subdivision:F-1 REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement,right-of-way),described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: J I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. U I do object to the requested vacation because: Name of AdjacentProperly, er(printed) � _ Si-gMi4'No-f a�P�r-operly Owner Applicant Name . .February 20 Jona 06,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 12 of 22 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: Fda 6 Address location of vacation: Coli � a0CLU)FF Qc(0 LC 1 9LICY--Y-9 Adjacent property address: Lot: � Block: F-1 Subdivision:F-1 REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: J I have been notified of the requested vacation and decline to comment I do not object to the vacation described above. J I do object to the requested vacation because: C tA)agj Ra—me of �d�lacent-Pr-operitvbwncr(printed) Signa tffie-ff Adjicent-Pfoperty @%Zer Applicant Name 'rul&,'-Oj1,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 13 of 22 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: U1 a Address location of vacation: u19 tJ aoctCUFF Qc)IqC,) firAdjacent property address: /J kcc�mE "C) Lot: Block: Subdivision: REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement,right-of-way),described as follows: (Include legal description and graphic representation ofwhat is being v"4 ADJACENT PROPERTY OWNERS CONUM3NTS: U I have been notified of the requested vacation and decline to counnent. �l do not object to the vacation described above. J I do object to the requested vacation because: Name of nt pm 1::: iii:::III ,091pature of AdjacentperryOwner) Applicant Name February 2006 'ne-22,2009 Planning Commission VAC 09-3181 Elsass Agenda Item 2 Page 14 of 22