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Home My WebLink About2012-09-10 - Agendas - FinalPlanning Commission Officers Porter Winston, Chair Kyle Cook, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting September 10, 2012 Planning Commissioners Blake Pennington William Chesser Matthew Cabe Ryan Noble Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on September 10, 2012 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the August 27, 2012 meeting. 2. VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID & ASSOCIATES for property located at 5439 MAYWOOD DRIVE. The property is in the PLANNING AREA and contains approximately 0.75 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner 3. VAC 12-4199: Vacation (2864 PRINCE WILLIAM/COOPER, 250): Submitted by ALAN REID & ASSOCIATES for property located at 2864 PRINCE WILLIAM DRIVE. The property is zoned RT -12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately 0.28 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner 4. VAC 12-4205: Vacation (21ST AMENDMENT/DICKSON STREET, 484): Submitted by JOHN STARNES for property located at 406 W. DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.10 acres. The request is to vacate a sidewalk easement. Planner: Quin Thompson 5. ADM 12-4222: Administrative Item (2233 W. STONE/FAYETTEVILLE HIGH SCHOOL I PHASING MODIFICATION, 522): Submitted by RYAN GILL for property located at 2233 W. STONE STREET. The property is zoned P-1, INSTITUTIONAL and contains approximately 18 acres. The request is for a modification to approved phasing of the public improvements associated with Phase I of the Fayetteville High School Development (LSD 10-3588). Planner: Andrew Garner Old Business: 6. PPL 12-4140: Preliminary Plat (1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE, 369): Submitted by BATES AND ASSOCIATES for property located at 1730 NORTH OLD WIRE ROAD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 13.64 acres. The request is for a residential subdivision with 53 single family lots. Planner: Andrew Garner New Business: 7. CUP 12-4197: Conditional Use Permit (2443 GREGG STREET/MEEKS, 289): Submitted by SMITH TWO- WAY RADIO for property located at 2443 GREGG STREET. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUSTRIAL and contains approximately 12 acres. The request is for a cell tower. Planner: Jesse Fulcher 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 cell phones 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 August 27, 2012 Page 1 of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 27, 2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: August 13, 2012 Approved Page 3 VAC 12-4201: Vacation (NANTUCKET PH. IV, 563): Page 3 Approved Old Business: ADM 12-4175: Administrative Item (OAKBROOKE PHASE III/JOYCE, 361): Page 4 Tabled ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558): Page 5 Denied New Business: PPL 12-4140: Preliminary Plat (1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE, 369): Page 6 Tabled CUP 12-4176: Conditional Use Permit (3845 E. SKILLERN/HARTSFIELD, 295): Page 7 Approved PPL 12-4177: Preliminary Plat (3845 E. SKILLERN/HARTSFIELD, 295): Page 8 Approved CUP 12-4185: Conditional use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Page 9 Approved September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 1 of 10 Planning Commission August 27, 2012 Page 2 of IO MEMBERS PRESENT William Chesser Tracy Hoskins Porter Winston Kyle Cook Ryan Noble Matthew Cabe Blake Pennington Sarah Bunch STAFF PRESENT Andrew Garner Quin Thompson CITY ATTORNEY Kit Williams, City Attorney MEMBERS ABSENT Craig Honchell 5:30 PM - Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Commissioner Honchell were present. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 2 of 10 Planning Commission August 27, 2012 Page 3 of IO Consent: Approval of the minutes from the August 13, 2012 meeting. VAC 12-4201: Vacation (NANTUCKET PII. IV, 563): Submitted by CIVIL DESIGN ENGINEERING for property located WEST OF MORNINGSIDE DRIVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 3.76 acres. The request is to vacate a utility easement. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0 September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 3 of 10 Planning Commission August 27, 2012 Page 4 of IO Old Business: ADM 12-4175: Administrative Item (OAKBROOKE PHASE III/JOYCE, 361): Submitted by JEB JOYCE for property located at OAKBROOKE PHASE III. The property is zoned Oakbrooke III R-PZD 09- 3439 and contains a total of 20.88 acres. The request is to modify Oakbrooke Phase III, RPZD 09-3439, by reducing the density of Planning Areas 1, 3, & 4 from 129 dwelling units to 68 dwelling units. No staff report or public comment was presented. Motion: Commissioner Chesser made a motion to table ADM 12-4175 indefinitely. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Hoskins recusing. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 4 of 10 Planning Commission August 27, 2012 Page 5 of IO ADM 12-4182 Administrative Item (2518 MLK/AAF CAR SALES, 558): Submitted by KIM FUGITT for property located at 2518 MARTIN LUTHER KING BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.70 acres. The applicant requests a variance of the I-540 Design Overlay District standards to allow direct lighting for a sign (electronic message board sign). Andrew Garner, Senior Planner, gave the staff report. Kim Fugitt, applicant, gave background for the presentation and introduced the next speaker. Don Cobb, sign designer, introduced an expert on LED signage. Matt Chavoix, sign company, discussed the advertising benefits of LED signage. He discussed a study that indicated these types of signs are not unsafe. He discussed a lens that could go over the sign. Public Comment: Kevin Sanchez, highway designer for the AHTD, questioned the report referenced by Mr. Chavoix because he thought the signs might pose a traffic safety hazard. He asked if the federal DOT endorsed the report. No more public comment was presented. Commissioner Winston asked Mr. Chavoix if the federal DOT endorsed the report. Matt Chavoix was not sure but the study referenced several federal agencies. Commissioner Bunch asked about the size of the sign. Kim Fugitt, applicant, indicated that the sign will be approximately 4 feet by 15 feet and will not exceed the 20% maximum of wall surface area under the sign ordinance. Kit Williams, City Attorney, discussed the background and intent behind the ordinance. The information about the size of the sign is irrelevant. He discussed that the referenced study was from 1980 which is not relevant because the current sign technology was not available at that time. He discussed that these are attraction devices that the ordinance intended to keep out of the I-540 DOD. Because it is such a black and white ordinance he indicated that he did not feel it was appropriate for the planning commission to even be able to consider the proposed variance. Commissioner Chesser discussed concerns with the ordinance not being enforced consistently. The code should be updated. He feels that this sign, however, is direct lighting. Motion: Commissioner Chesser made a motion to deny ADM 12-4182. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 6-2-0, with Commissioners Noble and Hoskins voting `no'. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 5 of 10 Planning Commission August 27, 2012 Page 6 of IO New Business: PPL 12-4140: Preliminary Plat (1730 N. OLD WIRE RD./COTTAGES AT OLD WIRE, 369): Submitted by BATES AND ASSOCIATES for property located at 1730 NORTH OLD WIRE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 13.64 acres. The request is for a residential subdivision with 53 single family lots. Andrew Garner, Senior Planner, gave the staff report. Public Comment: Kevin Shanchez, adjacent property owner #3 as indicated on the plans, discussed drainage problems in the area. He indicated an email request for City street standards to determine if the proposed street met the standards. Nancy Burris, lives on Ash Street, discussed that she will have 24-hour traffic by her house because of this development. She is concerned with gridlock. She has never had drainage problems but has heard that many of her neighbors have. Yee Leon (sp?), adjacent neighbor, discussed support for development efforts. She discussed concerns with development in the flood zone and the creek near her property. Sally Kelly, lives on Ash Street. She discussed that when the subdivision on Ash Street was developed there was a drainage problem and the plan was modified to put in a pipe from Charlee to Ash which addressed the problem. She wants to make sure that this development does not make the drainage problems any worse. She discussed that she hopes the trees that are shownon the plan to remain wil remain. No more public comment was presented. Geoff Bates, applicant, responded that the streets have been approved by the Fire Department and discussed the drainage design and other public comments that were mentioned. Commissioner Cabe noted to the public that others are taking notes on the public comment to make sure they are addressed. Motion: Commissioner Chesser made a motion to table PPL 12-4140 until the September 10, 2102 Planning Commission meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-1, with Commissioner Bunch recusing. CUP 12-4176: Conditional Use Permit (3845 E. SKILLERN/HARTSFIELD, 295): Submitted by ALAN September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 6 of 10 Planning Commission August 27, 2012 Page 7 of 10 REID for property located at 3845 E. SKILLERN. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 1.54 acres. The request is for a tandem lot associated with PPL 12-4177. Porter Winston, Planning Commission Chair, stated that two agenda items, CUP 12-4176 and PPL 12- 4177 were related and would be considered together. Quin Thompson, Current Planner, gave the staff reports for CUP 12-4176 and PPL 12-4177. Public Comment: There was no public comment. Alan Reid, representing the applicant, indicated that he believed the items met all City requirements and stated that he was ready to answer any questions the [Planning] Commission might have. Commissioner Chesser asked staff how many homes were served by the private drive currently, adding that the drive already acts as a public access. Thompson replied that the drive currently serves three (3) residences; that it could be considered to be acting as a public access, so that functionally the use would not change with the creation of a new residential lot. Motion: Commissioner Chesser made a motion to approve CUP 12-4176 with all conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 7 of 10 Planning Commission August 27, 2012 Page 8 of IO PPL 12-4177: Preliminary Plat (3845 E. SKILLERN/HARTSFIELD, 295): Submitted by ALAN REID for property located at 3845 E. SKILLERN. The property is zoned RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 1.54 acres. The request is for a residential subdivision with two single family lots. See comments under CUP 12-4176 above. Motion: Commissioner Chesser made a motion to approve PPL 12-4177 with all conditions as recommended by staff. Commissioner Cabe seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 8 of 10 Planning Commission August 27, 2012 Page 9 of IO CUP 12-4185: Conditional use Permit (3825 N. SHILOH DR./BUCK NEKKID BBQ, 174): Submitted by JOE BROOKS for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.61 acres. The request is for a dance hall in an existing restaurant. Quin Thompson, Current Planner, gave the staff report. Public Comment: There was no public comment. Will Houston, representative of the applicant, spoke to the number of required parking places and the number available for use by Buck Nekkid BBQ. He indicated that there are 170 existing parking places in the Buck Nekkid lot, and that his calculations indicated a required number of 216 places for the proposed dance hall and outdoor music venue; a deficit of 46 parking places. Mr. Houston referenced a `Common Area Usage' agreement that is included in the covenant that guides the entire commercial development of Spring Creek Centre, of which Buck Nekkid BBQ is a part. Thompson stated that in staff opinion, while the document did guarantee common use of a large number of parking spaces among the businesses at Spring Creek Centre, it did not guarantee that those spaces would be available when required by Buck Nekkid BBQ, that the format was not appropriate for the current request. Thompson added that according to information provided after the staff report was published, it appeared as though the applicant needed only 5 additional parking places to meet the requirement. Chesser reiterated his strong support of dancing and dance halls for the record, before stating that he was not comfortable allowing the requested use until the parking counts were verified. Chesser made a motion to table the item until the required parking had been provided. The Motion was seconded by Comissioner Cook, but failed to pass. Commissioner Hoskins asked the City Attorney if the commission could grant a variance for 5 parking spaces. Mr. Garner suggested that a 10% reduction in the requirement was possible with the addition of additional bicycle or motorcycle parking. Hoskins made a motion that the CUP 12-4185 be approved with the additional conditions that the parking must meet city requirements before the use is allowed, and that the business must meet the Noise Ordinance. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 9 of 10 Planning Commission August 27, 2012 Page 10 of 10 Motion: Commissioner Chesser made a motion to table CUP 12-4185. Commissioner Cook seconded the motion. Upon roll call the motion failed with a vote of 4-4-0. Commissioner Hoskins made a motion to approve CUP 12-4185 with the conditions recommended in the staff report, finding on #1 that the applicant install the correct number of motorcycle/scooter parking spaces and/or bike racks to meet the minimum parking numbers, modifying condition of approval #7 to simply state they must comply with the noise ordinance. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 6-2-0, with Commissioners Cabe and Chesser voting no. There being no further business, the meeting was adjourned at 6:45 PM. September 10, 2012 Planning Commission PC Minutes 08-27-12 Agenda Item 1 Page 10 of 10 Tare teville ARKANSAS PC Meeting of September 10, 2012 THE CITY OF FAYF:rIEVILJ.F, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 4, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 12-4198: Vacation (5439 MAYWOOD DR./WIN, 219): Submitted by ALAN REID AND ASSOCIATES for property located at 5439 MAYWOOD DR. The property is in the Planning Area and contains approximately 0.75 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description and Background: The subject property is located at 5439 Maywood Drive in the Fayetteville Planning Area and is utilized for a single family dwelling. A recent survey indicates that a portion of the garage and house that was constructed in 2006 encroaches onto the 25 foot wide utility easement which fronts on 5439 Maywood Drive. Request: The applicant's request is to vacate approximately 476 square feet of easement. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections G:\ETC\Development Services Review\2012\Development Review \12-4171 VAC (Campus Crest) \11 Planning Comb k@iiiaL140, 2012 12\Comments and Redlines Planning Commission VAC 12-4198 Win Agenda Item 2 Page 1 of 14 Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4198 to the City Council with a recommendation for approval subject to the following condition: I. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded 9 Denied 9 Tabled Date: September 10, 2012 Motion: Second: Vote: Notes: G:HiTC\Development Services Review120 121Dcvclapment Review 112-4171 VAC (Carpus Crest)1I 1 Planting Com ssigffilafl4b, 2012 121Connncnts and Redline P� Planning Commission VAC 12-4198 Win Agenda Item 2 Page 2 of 14 ARA Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS August 15, 2012 City of Fayetteville Planning & Engineering 125 W. Mountain St. Fayetteville, Arkansas 72701 Dear Planners, On behalf of my client, Soe Win, I am submitting for your review, a proposed Utility Easement Vacation for County Parcel 366-00009-000. A portion of the garage and house encroaches onto the twenty-five (25) foot wide utility easement which fronts on 5439 Maywood Road. The area to be vacated is 476.76 square feet. If you should have any questions, please feel free to contact me at 444.8784. Sincerely, AI fan Reid Professional Land Surveyor Arkansas Registration 1005 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveying@sbcglobal.net September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 3 of 14 PEDTION TO VACATE A PORDON OFAIW9HYf1VE (25) FOOT WIDE IMLAY EASEMENT N LOT NINE (9). OVERTON PARK SUMMON TOTHECITY OFFAYETTEVIL E, ARKANSAS ToThe Fayetteville City Planing Commission and The Fayetteville City Coundl We, the tEdersIgihed being ail the Dates of the reel erten SN*t ng tae Wily eaeemea hereinafter coupe to be abandoned end vacated lying Lot 9, Overton aFeaW I&a . City of cayenne., which is deee+{aad as Altanaa mu ldpel caperetio peterWWI Moat DISIZCORLDEEMBNEEDIGMIRCNE A PART 0f LOT NUMBERED NINE (9), OVERFON PARK, A SUBDIVRb0N TO THE COUNTY OF WASHINGTON. ARKANSAS, AS SHOWN ON PLAT OF RECORD IN RAT BOOK 23 AT PARE 131, RAT RECORDS OF WASHINGTON COUNTY, ARKNLSASS BEING MORE PARTICULARLY DESCRIBED AS FOLLOW& COMMENCING AT THE NORTHEAST CORNER OF SAID LOT NINE (9), SAID POINT BENG AN U*STING IRON REBAR; THENCE WEST 03.74 FEETALDNGTHE NORTH LINE OF SAID IDT NINE 39170 A PONT; THENCE LEAVING THE NORTH LINE OF SAID LOT NINE (9). SOWN 10.40 FEET 70 THE INTERSECDON OF Rig NORTH AND EAST ROOF OVERIWIGS OF AN LOSTING HOUSE (GARAGE) FOR THE TRUE POINT OF T Nk NGGTHENCE 000'07.45'E 14.59 FEET /LONG THE EAST ROOF OVERHMVG 70 A POINT ON THE 25 FOOT MADE BULGING SETBACK MID UTRiEY EASE/ABUT UNE; THENCE WEST 57.03 FEET ALONG SND auitwi : SETBACK AND UMW EASEMENT UNE TO A POINT ON THE WEST ROOF OVERHANG OF THE OWING HOUSE; ilea N00.0935'W 4.03 FEET ALONG AND IN UNE WITH SAID WEST ROOF OVERHANG TOA POINT; THENCE HB9'5215'E 33.71 FEET TOA POINT ON THE WEST ROOF OVERHANG OF THE GARAGE; THENCE N0rOT4SW 1A43 FEET TO THE Bt1ERSECTIDtN OF THE14ESTAMD NORTH OVERHANG OF SAID GARAGE THENCE tar 5215"E 23.32 FEET ALONG THE NORTH ROOFOVEMANG OFSAm8ARIGE 113 THE POINT OFSEGIN l9NG, CONTAIING 476.75 SQUARE FEET, MORE tit LESS. Thetas abutting read estate effected in sold abandonment 0f the utility easement E (1) Lot 8. OitWn Padt Subdivision lying to the West of petitioners property, (2) tat 10, Ovatan Pads Subdivision trate the East of petitioners property and (3) We etroet d`abtWaq 01 Maywood Road. Wog Noah of the petdanene puberty. ty. end that the pnbfc interest and welfare held not be edam* elemt d by the abandonment vitae above described porton of the ultRy eeaerent WHEREFORE, the understated petitioners respectfully pun that the governing body of the City et Faye/mart Meta abandon and wrote the above described paIlah the .luny epaaat Detedtls.&day of ►IBNJ.T 2012 36e W hh� Printed rens Signature Cov 14 �', (4k'?vt Printed note SigrWuae t September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 4 of 14 AR,7\ Alan ElEid ASSOCWIES .JcpL1IIL,e1 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 5 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY. ALLEY,AND UTILITY EASEMENT VACATIONS DATE: lett jj2 U TLITY COMPANY: ATA APPLICATNNAM3OCk APPLICANT - PHONE: ;y11114 REQUESTED VACATION (appikantsnot caeca etlictan{PJ: XUtility Eastman - Right-of-way for alley orspees& cad aE enslity eeeemmte located witbin the vacated right- of- way. - Alley • Street right-of-way I have been notified of the petition to vacate the following (alley, _right wip). described as follows: Genera location / Address (referring to attached document. :mist be completed') •• s' 439 ktrascoaa lie, n . 'nzwtwx, AL. Z 2yn3 A7TAClf legal description gitdgwpak nryreasnauion of what it hefngraealed$UREEI9 UTILITY COMPANY COMMENTS: • No objections to the vacation(s) deacnbed above. • No objections to the vacation(*) desen'bed above, provided Mowing described easements em retained. (State the location. dimensions, and purpose below.) • No objections provided the following conditions em met ?. toCRTtp,4 or on. bilvvittai Th ApJV iSIt.TImt. vrrt'r pkCIs.tlj€S Wets 'BL hT That. oinlaces EsP&WSE "'Signature of Utility Company Representative I 059 KLI4lelea • I4A Tide JO. 2009 Paps September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 6 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1'ZI hi, UTILITY COMPANY: � '0 ✓`� 20 APPLICANTNAMEOOE IO1P1 (\ [[1�LAO I'- 0--1APPLICANT PHONE: REQUESTED VACATION (opalt mast check turbot apply): -x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") 51f3 1 PIP`pw.snn 12.o3 ATE:Trb..n ...W pa,. 1ino3 ** (ATTACH legal description and graphic representation gists: is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. L% No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) FVo Ok i eci-rgN 1-0 a pa. Hy a_ .r o }- Lot ecLsewtenf—cis destrll,edi_ eq.) drotztiv5 bt. A►aA het ei . Job No. Iz/al A- A ll otke r ea4e nieAVks gefe.s r 4 • No objections provided the following conditions are met: OZI tX5 ,/ec$,G Signature of Utility Company Representative Title Leea to `✓ t"i %/Pc; July 2009 Page 5 September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT- 01- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE', 1114111. II1TY COMPANY: COIL:('0 tot_ ituu-stepT RAO AnacANTNAME606 JIP i LAO t?.4t4D4SiP APPLIC.Aha PRONE +ilk 411134 REQUESTED VACATION (appiicapt mast cheaggehat apply): Utility Easement Rightraity forefiel Or sheets mid uidity easements located within the vacated right- of- way. • Street right-ofway )aave-been notified of the petition to vacate the followinig(alley, garment right-of-way), deacribpd as follewst Generallocation/Address (referring in attached docuineast- matte completed") • 516q • hAsri arra° F tpxsg., pa. -1-nos IATZICIf legal thzierillion and graphic mpreantation of Molt is being wootaarIEV UTILITY cOhRA'NY COMMENTS'. • No objectionsio the viteatimi(s) dear:Abed above. • No objections to the vacation(s) described above, provided following described easements are retnioed. (State the location, dimensions, and purpose below.) • No objections provided the following conditions ara SignaturF Ofthility Company Representative (s/rub hen P/044er Tide 0410R9 Pagoi September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 8 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Ilia UTILITY COMPANY: ViarpteV I latLiO4 S APPLICANT NAMESE 141141A141->% ihi141- %_ — gr -e• e• APPLICANT PHONE: +Mrg 4 REQUESTED VACATION (appJkarmust cheek all that appJy) • AUtility 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 J Address (referring to attached document- must be completed") *4 51 11 MANN. (Z9, r4Lrnk utt 40,11103 (ATTACH legal deseripdon an graphic representation of what is being vacated-SURYEI9 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: yrutt Signature ofUtility p6mpany Representative i 7)4.74Ra ,yew Tule AO 2009 Page 5 September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 9 of 14 UTILITY APPROVAL. FORM FOR BIGHT OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE 7'"L:1 it UTILITY COMPANY: r9ttt jj .LUl115 laic f�a 2A --MI �, f. APPLICANT NAME: CC U01rrgw'' ik.o— Ft" APPUCANTPHONE: '1 t REQUUESTED VACATION (applic aurstcheckgjlthatoppfy): - Utility Easement Right-of-way for allay or streets and all utility easementa located withiathe vacated dght- of- way. - Alley • Street right-of-way I have been notified ofthe petition to vacate the following (alley, rlghl-oflway), described as tbllows: General location / Address (teerringg to attached document- must be completed") •• 5t(e31 V.4ATu talo RA, >r qv r P tuf � Arc. 11410 3 (ATTACH legaldescriptiont11graphicinpnsens&mofwhot tbeing vacated-SURYSU UTILITY COMPANY COMMENTS: (:".9 No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the Mention, dimensions, and purpose below) • No objections provided the following conditions are set ./ oniony Reprtaamaq've Acit5iTlW -YZASPCCOOM 4910414(401,-- Tide 91x4_ 6&c_ Tide July2009 Page 5 September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 10 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 111-I' it UTILITY COMPANY: rA EXTLUIktat SOLdi9 APPLICANT NAME S 411-1i It/ AuOT16 .-1&I' APPLICANi'PRONE:1144 `1 REQUESTED VACATION (Apogeanmust 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 tbe petition to vacate the following (alley, easement, right-ofway), described as follows: General location /'tAddress (referring to attached document- must be completed") �9 9W\ _ kAITLP t ROAD) -Trt ri tier i2 12 11 a3 (AfACHlegal deaeriprlon Lod graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 0 No objections to the vacations) 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 tbe following conditions are met: July2009 Page5 September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 11 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 111-1 J It - UTILITY COMPANY; +'14i SoLmr�- 0-b 14 L""s4 APPI.ICANTNAME�E�t,n I'uf """-D— ""� APPLICANT PRONE: tilt �S q REQUESTED VACATION (applicairt mast cheek all that apply): • UtilityEasement 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, aasem nt, right-of-wny), desoribed as follow: General location! Address (referring to attached document- must beaomplated"*) **• 9[3° M9w000 iZn, t= " ttt,(..,Olt 1ziO3 (ATTACH legal description ographic representation of what la 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: Signa re of Utility Company Representative i i ni Title July 7009 Page 5 September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 12 of 14 VAC 12-4198 Close Up View WIN SUBJECT PROPERTY Legend Multi -Use Trail (Existing) Future Trails Fayetteville City Limits MIa/AC 12-4198 Footprints 2010 Hillside -Hilltop Overlay District _! Design Overlay Di Design Overlay Di Planning Area strict strict 0 37.5 75 150 225 300 Feet September 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 13 of 14 is' IP Legend Subject Property VAC12.4198 L J VAC 12-4198 E _! Design Overlay District Boundary Plan ling Area Fayetteville 0.25 0.5 1 M i leseptember 10, 2012 Planning Commission VAC 12-4198 Win Agenda Item 2 Page 14 of 14 aye evil e ARKANSAS PC Meeting of September 10, 2012 11-I1: CITY OF FAYL;TTLVILLE. ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: September 4, 2012 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 12-4199: Vacation (2864 PRINCE WILLIAM DR./COOPER, 250): Submitted by ALAN REID AND ASSOCIATES for property located at 2864 PRINCE WILLIAM DR. The property is zoned RT -12, RESIDENTIAL TWO AND THREE FAMILY and contains approximately 0.28 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description and Background: The subject property is located at 2864 Prince William Drive, is zoned RT -12, and is utilized for a single family dwelling. A recent survey indicates that the northwest portion of the garage that was constructed in 2001 encroaches onto the 25 foot wide utility easement which fronts on 2864 Prince William Drive. Request: The applicant's request is to vacate approximately 9.26 square feet of easement. Easement Vacation Approval: The applicant has submitted the required easement vacation notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE AEP/SWEPCO No Objections Ozarks Electric Cooperative No Objections Cox Communications No Objections Source Gas No Objections AT&T No Objections G:\ETC\Development Services Review\2012\Development Review\12-4171 VAC (Campus Crest)\I 1 Planning Conn piamber12Q 2012 12\Comments and Redlines Planning Commission VAC 12-4199 Cooper Agenda Item 3 Page 1 of 16 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 12-4199 to the City Council with a recommendation for approval subject to the following condition: 1. Relocation of or damage to any existing utilities will be at the owner's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: 0 Forwarded ❑ Denied 0 Tabled Date: September 10, 2012 Motion: Second: Vote: Notes: G:\ETC\Development Services Review\2012\Development Review\12-4171 VAC (Campus Crest)\I1 Planning Comgpe s on\%7 rlm1- 2012 12\Comments and Redlines Planning Commission VAC 12-4199 Cooper Agenda Item 3 Page 2 of 16 ARA Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS August 15, 2012 City of Fayetteville Planning & Engineering 125 W. Mountain St. Fayetteville, Arkansas 72701 Dear Planners, On behalf of my client, John Cooper, I am submitting for your review, a proposed Utility Easement Vacation for County Parcel 765-18562-000. The Northwest comer of the garage encroaches onto the twenty-five (25) foot wide utility easement which fronts on 2864 Prince William Drive. The area to be vacated is 9.26 square feet. If you should have any questions, please feel free to contact me at 444.8784. Siycerely, Lr 9 an Reid Professional Land Surveyor Arkansas Registration 1005 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveying@sbcglobal.net September 10, 2012 Planning Commission VAC 12-4199 Cooper Agenda Item 3 Page 3 of 16 PETITION TO VACATE A PORTION OF A TWENTY-FIVE (25) FOOT WIDE UTILITY EASEMENT IN LOT THIRTY-EIGHT (38), BLOCK TWO (2), QUAIL CREEK SUBDIVISION, PHASE Il, TO THE 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 utility easement hereinafter sought to be abandoned and vacated, lying in Lot 38, Block 2, Quail Creek Subdivision, Phase ll, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of said easement which is described as follows: DESCRIPTION OF EASEMENT ENCROACHMENT A PART OF LOT NUMBERED THIRTY-EIGHT (38) IN BLOCK NUMBERED TWO (2) OF QUAIL CREEK SUBDIVISION, PHASE II, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE PLAT OF SAID SUBDIVISION FILED IN PLAT BOOK 12 AT PAGE 96 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT THIRTY-EIGHT (38), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N45°06'02"E 87.14 FEET ALONG THE NORTH LINE OF SAID LOT THIRTY-EIGHT (38) TO A POINT; THENCE LEAVING THE NORTH LINE OF SAID LOT THIRTY-EIGHT (38), S44 °53158°E 22.00 FEET TO THE INTERSECTION OF THE NORTH AND WEST ROOF OVERHANGS OF THE EXISTING HOUSE (GARAGE) FOR THE TRUE POINT OF BEGINNING; THENCE S89°48'52"E 4.29 FEET ALONG THE NORTH ROOF OVERHANG TO A POINT ON THE 25 FOOT WIDE BUILDING SETBACK & UTILITY EASEMENT LINE; THENCE S45°06'02"W 6.11 FEET ALONG SAID SETBACK AND UTILITY EASEMENT LINE TO A POINT ON THE WEST ROOF OVERHANG; THENCE N0O°28'17°E 4.32 FEET ALONG THE WEST ROOF OVERHANG TO THE POINT OF BEGINNING, CONTAINING 9.26 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the utility easement is (1) Lot 37, Block 2, Quail Creek Subdivision, Phase II, lying to the West of petitioners property, (2) Lot 39, Block 2, Quail Creek Subdivision lying to the South of petitioners property and (3) the street rights-of-way of Prince William Drive, lying North of the petitioners property, and Quail Creek Drive lying to the Ease of the petitioners property and that the public interest and welfare would not be adversely affected by the abandonment of the above described portion of the utility easement. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described portion of the utility easement. Dated this _ day of 2012 A-/ (wf k Printed name Signature pPt K Cf2 Ak c+c7 Printed na Signature 1 September 10, 2012 Planning Commission VAC 12-4199 Cooper Agenda Item 3 Page 4 of 16