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HomeMy WebLinkAbout2007-11-26 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Tuesday, November 26, 2007, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE It' you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2007 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo WeAyifle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, November 26, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the November 13, 2007 Planning Commission meeting. 2. VAC 07-2804: (CITY OF FAYETTEVILLE, 405): Submitted by CITY OF FAYETTEVILLE for property located at E OF LEVERETT AVE., S OF ROBINSON APTS.AND N OF LEVERETT TOWNHOMES. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of an unused right-of-way and create a general utility easement and trail on the subject property. Planner: Andrew Garner 3. VAC 07-2832: (LOTS 6-9 TIMBERLAKE OFFICE PARK, 96/135): Submitted by 112 ENGINEERING for property located at LOTS 6-9 OF THE TIMBERLAKE OFFICE PARK. The property is zoned R -O, RESIDENTIAL OFFICE. The request is to vacate a portion of an erosion control easement. Planner: Andrew Garner Old Business: 4. RZN 07-2603: (KOOSHESH, 438): Submitted by CARMEN CUBILLO for property located at 956 AND 918 N. 46TH AVENUE. The property is zoned R -A, RESIDENTIAL - AGRICULTURAL and contains approximately 1.59 acres. The request is to rezone the subject property to R -O, Residential Office. Planner: Andrew Garner New Business: 5. CUP 07-2783/2784/2785/2786/2787/2788: (RUSSELL, 402): Submitted by RYAN RUSSELL for property located at WEST END AVENUE AND VALLEY DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and each parcel contains approximately 0.31 acres. The request is to convert the existing single-family structures into two-family structures. Planner: Jesse Fulcher 6. LSD 07-2767: (WALGREEN'S @ MISSION & 265, 371): Submitted by LENNY MEERS GRIMES CONSULTING, INC. for property located at 2750 E. MISSION BLVD., NW CORNER OF MISSION AND CROSSOVER RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.19 acres. The request is for a 13,328 s.f. commercial building with drive-thru and associated parking. Planner: Andrew Garner 7. PPL 07-2766: (THE COVES, 555): Submitted by RAUSCH COLEMAN HOMES for property located at NW OF ALBERTA AND HOLLAND AND WALNUT CROSSING S/D. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DIST. and contains approximately 50.40 acres. The request is for 180 single-family lots. Planner: Jesse Fulcher 8. R-PZD 07-2794: (STONEWOOD GARDENS, 060): Submitted by JORGENSEN & ASSOC for property located at HWY 265, E OF BOTANICAL GARDENS AND LAKE FAYETTEVILLE. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DISTRICT and contains approximately 4.64 acres. The request is for Zoning and Land Use approval only for a Residential Planned Zoning District Master Development Plan with 28 dwelling units (7 single-family detached, 9 two-family attached, and 1 three-family attached). 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. PC Meeting of November 26, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 19, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2804: (CITY OF FAYETTEVILLE, 405): Submitted by CITY OF FAYETTEVILLE for property located at E OF LEVERETT AVE., S OF ROBINSON APTS.AND N OF LEVERETT TOWNHOMES. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE. The request is to vacate a portion of an unused right-of-way and create a general utility easement and trail on the subject property. Property Owner: City of Fayetteville Planner: Andrew Gamer Background/Property: The property is located within a 20 -foot wide east -west strip of unconstructed right-of-way east of Leverett Avenue south of Robinson Apartments and north of Leverett Townhomes. While researching properties for land acquisition to accommodate Scull Creek Trail, a designated trail on the City of Fayetteville Trails Master Plan, the City discovered an unused 20 -foot road right-of-way. This right-of-way does not currently have a road or public access and there are no plans to use the right-of- way in the future. Overhead utilities are located within the right-of-way, as are portions of two buildings in the Robinson Apartment complex. During the process of discussing Scull Creek Trail and the need for a portion of property from Robinson apartments for the trail, the property owner requested the right-of-way vacation as a land trade for the property along Scull Creek for the trail. Surrounding Zoning and Use: Direction from Site Land Use Zoning North, South, East, West Multi -family residential RMF -24; RMF -40 Request: The applicant requests to vacate the 20 -foot wide road right-of-way east of Leverett Avenue between the Robinson Apartments and north of Leverett Townhomes as indicated on the submitted site plan (9,802.11 square feet). As part of the vacation the applicant proposes to dedicate the vacated area, excluding the existing structures, as a general utility easement, as requested by utility companies. The required notification forms were submitted to the utility companies and the City with the following responses. KAReports\2007\PC Reports\l 1-26-07\VAC 07-2804 (CityofFayetteville).doc November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 1 of 16 UTILITY COMPANY: RESPONSE AEP/SWEPCO No Objections; provided a utility easement to be provided along the right-of-way. Cox Communications No Objections. AT&T No Objections; provided the entire area to be vacated will be granted as a general utility easement. Ozarks Electric No Objections. Arkansas Western Gas No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Engineering No Objections. Transportation No Objections. Solid Waste and Recycling No Objections. Findings: Staff finds that vacating the requested right-of-way would not adversely affect access or provision of utilities on this or any other adjacent property, provided that the vacated area be dedicated as a general utility easement, excluding the existing buildings. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding this request to the City Council with a recommendation of approval to vacate the utility easement VAC 07-2832 with the following condition of approval: 1. The subject 20 -foot wide un -constructed right-of-way shall be dedicated as a general utility easement, excluding the existing structures in the Robinson Apartment complex. K:\Reports\2007\PC Reports \11-26-07\VAC 07-2804 (CityofFayetteville).doc November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 2 of 16 PLANNING COMMISSION ACTION: ves Required Recommendation to be: ❑ Forwarded for approval ❑ Denied ❑ Tabled Motion: Second: Vote: Date: November 26, 2007 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:\Reports\2007\PC Reports\11-26-07\VAC 07-2804 (CityofFayetteville).doc November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 3 of 16 aye .1 CV]. e ARKANSAS ENGINEERING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8206 Fax: (479)575-8202 October 17th, 2007 RE: Evin's Farm Vacation While researching properties for land acquisition to accommodate Scull Creek Trail, The City discovered an unused 20' road right of way. This right of way does not currently have a road or public access and there are no plans to use the right of way in the future. During the process of discussing Scull Creek Trail and the need for a portion of property from Robinson Apartments, the property owner requested the right of way vacation as a land trade for the property along the Scull Creek for the trail. Overhead utilities are located within the right of way and a utility easement will be created over the entire right of way to accommodate the existing utilities. Matt Mihalevich Trails Coordinator November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 4 of 16 Oct. 18. 2007 2:37PM No. 3915 P. 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Ion/7%D 7 �o UTILITY COMPANY: /909/45 Wet° APPLICANT NAME: City_of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check all that apply): - Utility Easement X 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 (allay, easement, rightof-way), described as follows: General location / Address (referring to attached document- must be completed"*) EasLof Leverett Avenue south •of Robinson Apartments and North of [.evcrctt Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas: the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) comer of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39' East 329.82 feet, Less and except: Any and all areas within the existing Leverett Avenue rig ht -of -way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY 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: /GA ,Mee/Z 1s Title .J February 2006 Page 5 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 5 of 16 10/18/2007 13:42 4798720174.. COX CONSTRUCTION PAGE 02/02 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /!>-/&^07 UTILITY COMPANY: &CJc G� rrltWTd4T�DN5 APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-:.416 REQUESTED VACATION (applicant mint check all that apply): - Utility Easement X Right-of-way for alley or streets and all utility casements located within the vacated right- of way. Alley - Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), dcscribe3 as follows: General location / Address (referring to attached document- must be completed**) East of Leverott Menue, south o£ o son Anartments and Nortioaeverett Townhotttak A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washing; ton County, Arkansas; the centerline of a twenty (20) wide street right -of --way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) corner of said Biock Twenty -Five (25); thence along the South line of said Block Twenty-Flve (25) South 86`34139" East 329.82 feet. Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20° RIGHT OI! WAY UTILITY COMPANY COMMENTS: • ) No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements arc retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Si(hature of Utility Comny Representative " Title February 2006 P�November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 6 of 16 DATE: ((:).. (�- UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: G k-4-4 APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check g1l that apply): - Utiiity Easement X 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 -o -way), described as follows: General location / Address (referring to attached document- must be completed**) East of Leverett Avenue, south of Robinson Apartments and Notth of Leverett Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas- the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest corner of the Northwest (NW) Quarter -of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) corner of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39" East 329.82 feet Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL FIE CREATED ON THE ENTIRE 20' RIGHT OF WAY 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: Et.IT 1 R c At -C,A 73 'De t�rti I?�C G(ZAN e ASGeNER.At, (rut_try L1\scME931- Signature of Utility Company Representative OSP LI ,C>i N 2 1E 5(Gly Title I d 6 OSZSZ1798I' ON/I£'SI',LS/ZS:£t LO ,Z '01 (Iud) uI C4Tcv) February 2006 Page 5 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 7 of 16 )110tt3 SEP -25-2007 TUE 12:55 PM P, 02 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND n5 r0 UTILITY EASEMENT VACATIONS UTILITY COMPANY: (7 % Gg.KS f4 GTr,C.-- APPLICANT -APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check alkali apply): - Utility Fn-ment X 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 beim notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address Defining to attached document- must be completed**) East of Levered AYenue. soinb ofQobinson Apartmt nts a d North of Leverett Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) comer of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39" East 329.82 feet. Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY UTILITY COMPANY COMMENTS: No objections to the vacations) dcscribcd 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 fallowing conditions are met: Signature tility Company Representative CAS S*ek,Nq I c& Title Fearuary 2006 Page 5 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: / o - 3 - 0-7 UTILITY COMPANY: AtucAM SA s L 657-6.4.--) CA 5 Ce,..e. e, APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check all that apply): - Utility Easement X Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley Street tight -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'") East of Leverett Avenue, south of Robinson Apartments and North of Leverett Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest corner of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) corner of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39° East 329.82 feet. Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY UTILITY COMPANY COMMENTS: XNo 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: Signaturer-of Utility Company RepreStdntative YAY6^tt.e,tc.e. AIr. s vt-ur OPErs-4m"L /t't.dN.t 66c. Title February 2006 Page 5 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: I O - - O-1 UTILITY COMPANY: SOFIA 14)&S'Ep w ReCtfal'r APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check all that apply): - Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley X Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, rightof-way), described as follows: General location / Address (referring to attached document- must be completed**) .East of Leverett Avenue. s .uth of Robinson Apartments and North of Leverett Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) corner of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39" East 329.82 feet. Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY UTILITY COMPANY COMMENTS: o objections to the vacation(s) described above. • No objections to the vacations) described above, provided following described easements are the location, dimensions, and purpose below.) etained. (State • No objections provided the following conditions are met: Signature of Utility pany Representative (OMItp nnOALtrttrCr_� Title October 2007 Page 6 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 _Page 10 of 16 DATE: (/5/� UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: 2 apgy W(LGe- APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check all that apply): - Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley X 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**) East of Leverett Avenue, south of Robinson A.artments and North of Leverett Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest comer of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) comer of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39" East 329.82 feet. Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY UTILITY COMPANY COMMENTS: aNo 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 mpa y,RepresentatirGt��� its a5Da ra /141S/PA) October 2007 Page 6 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 11 of 16 DATE: O UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: \e-,Ig1-w yr- APPLICANT NAME: City of Fayetteville APPLICANT PHONE: 444-3416 REQUESTED VACATION (applicant must check all that apply): - Utility Easement - Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley X 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**) East of Leverett Avenue. south of Robinson A • artments and North of Leverett Townhomes A part of Blocks 25 and 26 Evin's Farm Subdivision as filed with the Circuit Clerk, Washington County, Arkansas; the centerline of a twenty (20) wide street right-of-way, ten (10) foot either side being more particularly described as follows: Beginning at the Southwest corner of the Northwest (NW) Quarter of the Northeast (NE) Quarter of the Northwest Quarter (NW) Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, said point of beginning also being the Southwest (SW) corner of said Block Twenty -Five (25); thence along the South line of said Block Twenty -Five (25) South 86°34'39" East 329.82 feet. Less and except: Any and all areas within the existing Leverett Avenue right-of-way. A GENERAL UTILITY EASEMENT WILL BE CREATED ON THE ENTIRE 20' RIGHT OF WAY UTILITY COMPANY COMMENTS: XNo 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: 1- Signature of Utility Compa epresentative VIa S ops YNy,— Title October 2007 Page 6 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 12 of 16 APPROX. SCULL CREEK CENTERLINE EXHI1BIT \ 765-05157- 01 LAW OUAD APARTMENTS. LLC 765-18350 000 JESKE REVO ABLE TRUST 765-05167-000 SWEETSER FAMILY LIMITED PARTNERSHIP Inst. No. 98076581 NOT TO SCALE 10' 10' 765-05160-000 MARGARET ROBINSON REVOCABLE TRUST Inst. No. 97080454 765-05167-000 SWEETSER FAMILY LIMITED PARTNERSHIP Inst. No. 98076581 765-05161-000 CARLA BALDWIN ET AL. 765-05166-000 EAST AVENUE INVESTMENT GROUP. 110. IW NORTHWEST CORNER NW 461E I,NW 9-16-30 SW CORNER BLK 25 EVIN'S FARM LEVERETT AVENUE 20'VA ATED AND A�Job mm 2007 VACATED AND �R mmission WITH 2OVA1707C7804624 ttteville Agenda Item 2 peraaf 46_ VAC07-2804 Close Up View CITY OF FAYETTEVILLE Overview November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville A.enda Item 2 age o Overview Legend Subject Property VAC07-2804 Boundary 4*N...." Planning Area Poona 000 Overlay District c� Outside City 0 0.25 0.5 Legend al Hillside -Hilltop Overlay District 1 M November 26, 204 C Planning Commissia eC AC 07-2804 City of Fayettevi Aoenda Itorr 7 n e 2 Page 15 of 16 November 26, 2007 Planning Commission VAC 07-2804 City of Fayetteville Agenda Item 2 Page 16 of 16 PC Meeting of November 26, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING TO: FROM: THRU: DATE: DIVISION CORRESPONDENCE Fayetteville Planning Commission Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer Jeremy Pate, Director of Current Planning November 19, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2832: (LOTS 6-9 TIMBERLAKE OFFICE PARK, 96/135): Submitted by H2 ENGINEERING for property located at LOTS 6-9 OF THE TIMBERLAKE OFFICE PARK. The property is zoned R -O, RESIDENTIAL OFFICE. The request is to vacate a portion of an erosion control easement. Property Owner: Zion Holdings, LLC Planner: Andrew Garner Background/Property: The property is located at Lots 6-9 of the Timberlake Office Park north of Zion Road. The Timberlake Office Park subdivison has been recently platted and does not have any development on it other than streets, infrastructure, and a pre-existing single family residence. The subject property is located at the northeast end of this subdivision. The property is at the top of a steep slope above Lake Fayetteville and the outfall at Clear Creek. There is a large easement bisecting this property that was dedicated as part of the development of Lake Fayetteville in 1949. This easement was for preservation and stabilization of the slope above the lake. Staff has discussed this easement with the Arkansas soil and water Conservation Commission who have indicated no problems with vacating a portion of this easement (see attached email). The portion of the easement bisecting the propsed development would have to be vacated prior to development on the property. On September 10, 2007 the Planning Commission approved development of a 20,500 square foot professional office building and associated parking lot (LSD 07-2677) on Lot 9 of the Timberlake Office Park subdivision. The LSD was approved with the condition that the easement be vacated prior to obtaining construction permits for the development. Surrounding Zoning and Use: Direction from Site Land Use Zoning North and East Lake Fayetteville Park R -A South and East Undeveloped lots in Timberlake Office Park R -O; PZD 06-2191 University Club Tower West Single family residence R -O Request: The applicant requests to vacate the preservation and slope stabilization easement traversing through Lots 6-9 of the Timberlake Office Park subdivision (1.83 acres). As this easement only grants rights to the City of Fayetteville for erosion control adjacent to Lake K:\Reports\2007\PC Reports\11-26-07\VAC 07-2832 (Lots6-9Timberlake).doc November 26, 2007 Planning Commission VAC 07-2832 Lots 6-9 Timberlake Office Park Agenda Item 3 Page 1 of 10 Fayetteville, the applicant was only required to submit the required notification forms to the City of Fayetteville. The responses from the City are listed below. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Engineering No Objections. Parks No Objections. Findings: Staff finds that vacating the requested portion of easement would not adversely affect preservation or slope stabilization associated with Lake Fayetteville, or any other adjacent property. The Fayetteville Water and Sewer, Parks, and Engineering Divisions have stated no objection to the requested vacation. The City also inquired of the Arkansas Soil and Water Conservation Commission regarding the potential to vacate this easement and received no objection. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding to the City Council with a recommendation of approval to vacate the utility easement VAC 07-2832 with no conditions. PLANNING COMMISSION ACTION: ves Required Recommendation to be: ❑ Forwarded for approval 0 Denied 0 Tabled Motion: Second: Vote: Date: November 26, 2007 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:\Reports\2007\PC Reports \11-26-07\VAC 07-2832 (Lots6-9Timberlake).doc November 26, 2007 Planning Commission VAC 07-2832 Lots 6-9 Timberlake Office Park Agenda Item 3 Page 2 of 10 4Andrew Garner _Fwd: RE: easement question for Lake Fayetteville Dam From: Matt Casey To: Garner, Andrew Date: 11/19/07 2:12PM Subject: Fwd: RE: easement question for Lake Fayetteville Dam This is all we have Andrew. Malt »> Sarah Wrede 8/13/2007 9:37 AM »> Response from Alvin Simmons at Arkansas Soil and Water Conservation Commission: »> "Alvin Simmons" <alvin.simmons(a7arkansas oov> 08/10/07 2:13 PM »> Sarah: Relative to State Dam Safety requirements, I see no problem with vacating a portion of this easement. Original Message From: Sarah Wrede[mailto:swrede(cilci.favetteville.ar:usj Sent: Thursday, August 09, 2007 10:46 AM To: Alvin Simmons Subject: easement question for Lake Fayetteville Dam Alvin, I attached a pdf showing an easement (purple) that the City has south of the Lake Fayetteville Dam's spillway. The easement is labeled as being for erosion control. We are considering vacating the south eastern portion of the easement that is not in the floodplain. We could not find any information that necessitate us having that easement. Will you respond, an email will be fine, with whether or not you see any problems with vacating a portion of this easement? I spoke with Mike and said he are obligated to maintain the dam and 20 feet off of the toe but that there are no easement requirements. Thank you, Sarah Sarah Wrede NPDES Phase II Program Manager Floodplain Administrator City of Fayetteville (479) 575-8208 November 26, 2007 Planning Commission VAC 07-2832 Lots 6-9 Timberlake Office Park Agenda Item 3 Page 3 of 10 L2 ENGINEERING, INC. October 12, 2007 Andrew Garner City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Re: Timberlake - Easement Vacation Dear Staff, This correspondence is a written description of the petition to vacate a portion of an existing easement (Doc. # 402-207) lying on Washington County Parcel # 765-15568- 002 in Fayetteville, Arkansas. The current owner of the property is Zion Holdings, LLC and Timberlake, a Residential -Office development, as been approved for this site. The presence of this easement hinders the developer's buildable space on lots 6 — 9 of Timberlake. We propose to vacate the easement as it is not currently being used for anything. Our understanding of the nature of the easement is that it was originally put into place with the construction of Lake Fayetteville and that it is no longer needed. Thank you for your consideration in this matter. If you should have any questions or comments, please call me at 582-4234. Jeremy Thompson, P.E. Project Engineer 112 Engineering, Inc. November 26, 2007 Planning Commission VAC 07-2832 Lots 6-9 Timberlake Office Park Agenda Item 3 Page 4 of 10 "E 1 PROPOSED EASEMENT VACATION LOT 10 J444 LOT 9 N / LOT 7 / / / / / / LOT 6 SCME: 1'-8O' EASEMENT VACATION EXHIBIT Cau07 VAC 07-2832 Lots 6-9 TfriairtingOZIWIRNEr sum, ONE: FAX(470) 602-0254 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR EASEMENT VACATION REQUEST Date: October 16, 2007 Address / location of vacation: The proposed easement vacation is located in the northeast comer of Timberlake Office Park (see attached exhibit) Adjacent property address: 113 W. Mountain, Fayetteville, AR 72701 REQUESTED VACATION: I have been notified of the petition to vacate the following easement, described as follows: LOCATED IN A PART OF THE EAST % OF THE NE ' OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NE CORNER OF SECTION 23; THENCE SOUTH 2,140.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 25 MINUTES 36 SECONDS WEST, 192.04 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, 674.45 FEET; THENCE NORTH 78 DEGREES 05 MINUTES 04 SECONDS EAST, 120.76 FEET; THENCE NORTH 71 DEGREES 45 MINUTES 28 SECONDS EAST, 45.07 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 458.32 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 1.83 ACRES MORE OR LESS. ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to comment. gI do not object to the vacation described above. 9 I do object to the requested vacation because: ply cam' Faye 4e v i 1 to Name of Prop Ler (printed) Ate Sol gnature of Prop: is Owner -74A.42 LeeMatintfC-Siettal (Li1`f 't�TC�1ft� ►-�� November 26, 2007 Planning Commission VAC 07-2832 Lots 6-9 Timberlake Office Park Agenda Item 3 Page 6 of 10 UTILITY APPROVAL FORM FOR RIGHT -0E-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: October 12, 2007 UTILITY COMPANY: City of Fayetteville, Water & Sewer REQUESTED VACATION (applicant must check all that apply): Utility Easement O Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. D 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: LOCATED IN A PART OF THE EAST '% OF THE NE 'A OF SECTION 23, TOWNSHIP 17 NORTH, RANGE 30 WEST IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PRECISELY DESCRIBED AS FOLLOWS: STARTING AT THE NE CORNER OF SECTION 23; THENCE SOUTH 2,140.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 25 MINUTES 36 SECONDS WEST, 192.04 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS WEST, 674.45 FEET; THENCE NORTH 78 DEGREES 05 MINUTES 04 SECONDS EAST, 120.76 FEET; THENCE NORTH 71 DEGREES 45 MINUTES 28 SECONDS EAST, 45.07 FEET; THENCE SOUTH 45 DEGREES 00 MINUTES 00 SECONDS EAST, 45832 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 1.83 ACRES MORE OR LESS. (Include legal descriptionagraphic representation of what is being vacated) 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.) Signature of Utility Co epresentative 3 ops . Jy— Title t6- 25 -°7 Date November 26, 2007 Planning Commission VAC 07-2832 Lots 6-9 Timberlake Office Park Agenda Item 3 Page 7 of 10 VAC07-2832 Close Up View LOTS 6-9 TIMBERLAKE OFFICE PARK Overview November 26, 2007 Planning Commission '32 Lots 6-9 Timberlake Office Park A.enda Item 3 Page 9 of 10 ill Ill I EU —___tdKERP_, _,- z4 LAKEVIEW DR Overview Legend Subject Property VAC07-2832 Boundary °yi Planning Area c:aoo 000000 Overlay District Outside City Legend Hillside -Hilltop O\ 0 0.25 0.5 1 erlay District C OMP Lots 6-9 November 26, 20( Planning Commissic Timberlake Office Pa J 7 n k 3 Page 10 of 10