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Home My WebLink About2013-06-24 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Craig Honchell, Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting June 24, 2013 A meeting of the Fayetteville Planning Commission will be held on June 24, 2013 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 June 10,2013 meeting. 2. VAC 13-4402: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.01 acre. The request is to vacate a portion of a water and sewer easement on the subject property. Planner: Jesse Fulcher 3. VAC 13-4421: Vacation (100 W. DICKSON ST./COLLIERS DRUG STORE, 484): Submitted by KAREN KING for property located around 100 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER. The request is to vacate a 15-foot wide alley located on the northern portion of the Collier's Drugstore site. Planner: Andrew Garner 4. PPL 13-4382: Preliminary Plat (1249-1203 W. CATO SPRINGS RD./CATO SPRINGS INDUSTRIAL PARK, 638): Submitted by CRAFTON TULL for property located at 1249-1203 WEST CATO SPRINGS ROAD. The property is zoned 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND RMF-24, RESIDENTIAL MULTI-FAMILY 24 UNITS PER ACRE and contains approximately 17.04 acres. The request is for three industrial lots. Planner: Andrew Garner New Business: 5. ADM 13-4397: Administrative Item (OAKBROOKE PZD PHASE I11, 361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE III. The property is zoned Oakbrooke III R-PZD 09-3439 and contains a total of 26.76 acres. The request is to modify Oakbrooke Phase 111, RPZD 09-3439, by reducing the number of dwelling units and adjusting alley ways. Planner: Jesse Fulcher 6. ADM 13-4420: Administrative Item (OAKBROOKE PZD PHASE I, 361): Submitted by PARADIGM DEVELOPMENT for property located at OAKBROOKE PHASE I. The property is zoned Oakbrooke I R-PZD 05- 1463 and contains a total of 3.82 acres. The request is to modify Oakbrooke Phase I, RPZD 05-1463, by constructing an alley to serve Lots 1-17. Planner: Jesse Fulcher 7. ADM 13-4379: Administrative Item (3075 N. MARKET AVE./FRICKIN CHICKEN, 252): Submitted by CLAYTON SCOTT for property located at 3075 NORTH MARKET AVENUE. The property contains approximately 0.25 acre and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Andrew Garner 8. CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Submitted by TCM ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 3.15 acres. The request is for a conditional use permit for a wireless communications facility(Use Unit 36). Planner: Jesse Fulcher Old Business: 9. ADM 13-4330: Administrative Item (SW CORNER 15TH STREET AND RAZORBACK ROAD, 599): Submitted by Crafton & Tull for property located at the SW CORNER OF 15TH STREET AND RAZORBACK ROAD. The property is zoned Urban Thoroughfare and contains approximately 4.42 acres. The request is for a variance of the Streamside Protection Zones, Parking Lot Landscaping, and Parking in the Build-to zone. Floodplain Administrator: Sarah Wrede Planner: Andrew Garner Urban Forester: Megan Dale New Business: 10. ADM 13-4408: (BICYCLE PARKING CODE AMENDMENTS): Submitted by CITY PLANNING STAFF. The request is to amend Chapter 172 to revise the bicycle rack location requirements and review. Planning Staff NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings, 72 hour notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission June 10, 2013 Page I of 9 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on June 10,2013 at 5:30 p.m.in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: May 28, 2013 Approved Page 3 PPL 13-4387: Preliminary Plat(3031 N. GULLEY RD./MCLELLAND,259): Page 3 Approved ADM 13-4407: Administrative Item(175 W.MARTIN LUTHER KING BLVD./CHURCH PROPERTIES, 523): Page 3 Approved VAC 13-4385: Vacation (867 N. COLLEGE AVE./PINE TREE/BEACON FLATS,445/446): Page 3 Approved Old Business: CUP 13-4365: Conditional Use Permit(1720 E. ZION RD./TRICON, 136): Page 4 Tabled New Business: CUP 13-4381: Conditional Use Permit(1649 N. VIEWPOINT DR./JARRATT,409): Page 5 Approved CUP 13-4390: Conditional Use Permit(210 S. CROSSOVER RD./CENTRAL EMS,527): Page 6 Approved CUP 13-4392: Conditional Use Permit(1910 N. OLD WIRE RD./SEQUOYAH(UMC),369): Page 7 Approved RZN 13-4384: Rezone (1315 N. RUPPLE RD./LEISURE HOMES,400): Page 8 Forwarded June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 1 of 10 Planning Commission June 10, 2013 Page 2 of 9 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Ron Autry Ryan Noble William Chesser Kyle Cook Porter Winston Blake Pennington Craig Honchell Sarah Bunch STAFF PRESENT Andrew Garner Quin Thompson Andrew Garner CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Autry and Chesser were present. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 2 of 10 Planning Commission June 10, 2013 Page 3 of 9 Consent. Approval of the minutes from the May 28,2013 meeting. PPL 13-4387: Preliminary Plat (3031 N. GULLEY RD./MCLELLAND, 259): Submitted by JAY MCLELLAND for property located near the intersection of Sagely Lane and Gulley Roads. The property is in the PLANNING AREA and contains approximately 5.47 acres.The request is for a residential subdivision with 4 single family lots. ADM 13-4407: Administrative Item (175 W. MARTIN LUTHER KING BLVD./CHURCH PROPERTIES,523): Submitted by JACOBS&NEWELL CO.for property located at 175 WEST MARTIN LUTHER KING BOULEVARD. The property is zoned DG,DOWNTOWN GENERAL and contains one lot totaling 0.24 acres. The request is one year/three installments for payment of parks impact fees for LSP 13- 4386. VAC 134385:Vacation(867 N.COLLEGE AVE./PINE TREE/BEACON FLATS,445/446):Submitted by CIVIL DESIGN ENGINEERING for properties located around 867 NORTH COLLEGE AVENUE. The property is zoned DG, DOWNTOWN GENERAL. The request is to vacate two utility easements. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 3 of 10 Planning Commission June 10, 2013 Page 4 of 9 Old Business: CUP 13-4365: Conditional Use Permit (1720 E. ZION RD./TRICON, 136): Submitted by TCM ENTERPRISES for property located at 1720 EAST ZION ROAD. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 3.15 acres.The request is for a conditional use permit for a wireless communications facility(Use Unit 36). Motion: Commissioner Cook made a motion to table CUP 13-4365 to the June 24, 2013 meeting. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 4 of 10 Planning Commission June 10, 2013 Page 5 of 9 New Business: CUP 13-4381: Conditional Use Permit (1649 N. VIEWPOINT DR./JARRATT, 409): Submitted by HUGH JARRATT for property located at 1649 NORTH VIEWPOINT DRIVE.The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.34 acres. The request is to allow an accessory structure prior to construction of single family dwelling. Jesse Fulcher, Current Planner,read the staff report. Hugh Jarratt,applicant,stated that he owns the adjacent lot and is ready to move forward with construction. No public comment was presented. Motion: Commissioner Winston made a motion to approve CUP 13-4381. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Commissioner Chesser arrived after CUP13-4381. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 5 of 10 Planning Commission June 10, 2013 Page 6 of 9 CUP 13-4390: Conditional Use Permit(210 S.CROSSOVER RD./CENTRAL EMS,527): Submitted by BECKY STEWART for property located at 210 SOUTH CROSSOVER ROAD.The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 4.60 acres.The request is to allow emergency ambulance station,Use Unit 5, in the RSF-4 zoning district. Jesse Fulcher,Current Planner,read the staff report. Becky Stewart,applicant, stated they will have one ambulance and they are looking for a long-tern solution. The crew is stationed in a parking lot right now. Commission Winston stated he is comfortable with the one year time frame. Commission Honchell asked about signage to alert the public. Commissioner Cook stated there are good site lines to this property on Crossover. Stewart stated the ambulance will be visible from the street. Sirens are put on before they pull into the street. Motion: Commissioner Winston made a motion to approve CUP 13-4390 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 6 of 10 Planning Commission June 10, 2013 Page 7 of 9 CUP 13-4392: Conditional Use Permit(1910 N.OLD WIRE RD./SEQUOYAH(UMC),369): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for property located at 1910 NORTH OLD WIRE ROAD.The property is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE,and contains approximately 7.22 acres.The request is a conditional use permit to bring the existing church into compliance and permit an addition,Use Unit 4, in the RSF-4 zoning district. Andrew Garner, Senior Planner, gave the staff report. Ryan Gill,applicant,was present for any questions. Public Comment: Aubrey Shepherd, asked why this was not institutional zoning. Porter Winston discussed reasons why it was more desirable for the applicant to request a conditional use permit rather than a rezoning. No more public comment was presented. Motion: Commissioner Chesser made a motion to approve CUP 13-4392 as recommended by staff. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 7 of 10 Planning Commission June 10, 2013 Page 8 of 9 RZN 13-4384: Rezone(1315 N.RUPPLE RD./LEISURE HOMES,400): Submitted by CIVIL DESIGN ENGINEERS,INC. for properties located at 1315 NORTH RUPPLE ROAD.The property is zoned RSF-7, RESIDENTIAL SINGLE-FAMILY, 7 UNITS PER ACRE and contains approximately 6.89 acres. The request is to rezone the property to RSF-8,RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE, and RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE. Quin Thompson, Current Planner, read the staff report. Ferdie Fourie, Applicant, discussed original submittal requesting RMF-12 zoning for the entire area, and conversation with staff that led to the current request. Aubrey Shepherd, Fayetteville Citizen, asked if an area of existing trees were included in the request. Thompson replied that the area containing the trees is not affected by the rezone request. Tracy Hoskins,Planning Commissioner, asked for clarification of affected acreage and expressed concern for the increase in maximum allowable density that this request would allow in an area which had been previously limited by a Bill of Assurance to very low maximum density. Thompson agreed that the request represented a large increase in allowable density. Hoskins asked the applicant how the increase in density would be handled in terms of access. Fourie discussed connections to existing streets as required by the Bill of Assurance. Brian Moore,property owner,noted that access would be possible because the property under contract for development is approximately 20 acres, of which the rezone request comprises just 7 acres. Hoskins asked staff to outline discussion that led to the Bill of Assurance. Thompson responded that staff was not able to say,as the Bill was from 2006,and any conversations which led the owner to offer the Bill were not contained within the minutes of any public meetings in which the earlier re-zone had been discussed. Andrew Garner,Senior Planner,stated that such Bills were not typically discussed in the context of a public hearing, and that it wasn't unusual not to have record of those conversations. Motion: Commissioner Winston made a motion to forward RZN 13-4384. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 6-2-0,with Commissioners Hoskins and Bunch voting no. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 8 of 10 Planning Commission June 10, 2013 Page 9 of 9 There being no further business, the meeting was adjourned at 610 PM. June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 9 of 10 June 24,2013 Planning Commission PC Minutes 06-10-2013 Agenda Item 1 Page 10 of 10 Ta ye eve e PC Meeting of June 24, 2013 AnKANSA� 1111, Cl"1V OF IAYL;'FlLVII.I.E. ;\ RKANSAti 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: June 18, 2013 VAC 13-4402: Vacation (2111 MARTIN LUTHER KING/PANDA EXPRESS, 559): Submitted by LOREL HOFFMAN for property located at 2111 MARTIN LUTHER KING. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.01 acre. The request is to vacate a portion of a water and sewer easement on the subject property. Planner: Jesse Fulcher Findings: Property Description and Background: The subject property is located at 2111 Martin Luther King Boulevard and is zoned C-2, Thoroughfare Commercial. The site is currently being redeveloped with a new Panda Express restaurant. The Planning Commission and City Council reviewed and approved a utility easement vacation in 2012 for this exact easement (VAC 12-4221). However, a small portion of the easement was not included in the legal description due to it being across a parcel line. Request: The applicant's request is to vacate a portion of an existing water and sewer easement that was omitted in the previous request. The Water and Sewer Division has reviewed this request and does not object to the vacation. Utility improvements are being made as part of the development. 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 G:TTCOevelopment Services Review\20120evelopment Review\13-4402 VAC Panda Express\16 Planni*hler24hi20drd6-24-13 PC forwarded\Comments and Redlines Planning Commission VAC 13-4402 Panda Express Agenda Item 2 Page 1 of 12 AT&T No Objections 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 13-4402 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: O Forwarded Cl Denied O Tabled Date: June 24,2013 Motion: Second: Vote- Notes: G1ETC\Development services Review\2012\Development Review\13-4402 VAC Panda Express\I6 Plannidyftaimi206a6-24-13 PC forwarded\Comments and Redlines Planning Commission VAC 13-4402 Panda Express Agenda Item 2 Page 2 of 12 UTILITY APPROVAL FORM FOR RICHT-OF-WAY,ALLEY,AND _ UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: Grp'<r'F% / -yam APPLICANT NAME:. �-Eb'�'��C'xJ�}r�,A6iEg pLICANTP.HONG:64-71' ?1--73V REQUESTED VACATION(appRcood mesal check gel that apply): }/ Utility Easement •- Right-of- my for alley or streets and all utility easements located within the vacated right-of-way. Alley -- Street right-o&way ,{ I have been notifled of the petition to vacate the following(alley,easement,right-of-way),described as follows: General location l Address(referring to attached document-must be completed") I' (ATTACH legal dl criptlon andgraphic representallon of what is behtg 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.) i I t O Noobjections 11provided the 17fflollowingconditions are met. / f av��vllear 4Lr�1Y//his LYi=/ !less AJ Serve X&oti °. A Sew' w&�ti:r_ ft a� t I Signal/aur/ooffU�riilify 2dinpany RepfesenlatEve V I//.•r/�/4% Y%�1�� Title July 2009 rages September 24,2012 Planning Commission VA/LIt%-V?2Mda Express AgRWariMpCommission PawfL(IfU402 Panda Express Agenda Item 2 Page 3 of 12 Pilo S abed Z wall epua6V ssajdx3 epued LZZb-Z[OVA uolsslwwoO 6uluueld ZIOZ'4Z jagwaldag :v n i =Kmz FM Co 71 lT! M n LI ILi•; `V�; i \ '' -?� `$� 3ghk t.r Ile fI �I// 77:: P:SFn f� ¢ 3P a �isC�' � r�'r ry �x sr k7 �f1 •� � B P, v d�c v k r U 0w IT N H o � CL un o x rn r. �o c% J a m` f cn d June 24,2013 Planning Commission VAC 13-4402 Panda Express Agenda Item 2 Page 4 of 12 r� BANNISTER ENGINEERING May 9,2013 City of Fayetteville Planning Department 125 West Mountain Street Fayetteville,Arkansas 72701 Re: Easement Vacation Request Panda Express Restaurant To Whom It May Concern: The purpose of this letter is to summarize the requested tiasernenl Vacation for the Panda Express development. The development is proposed for a 2,212 square foot fast food restaurant with drive-thru faci lilies located at 2111 West Martin Luther Icing Blvd. An easement vacation is necessary to remove approximately 407 square feet of an existing utility easement in order to develop the property. Please call us if you have any questions. Respectfully, Bannister Engineering, LLC -r4 T.Jason Bannister, P.E. President u nnister Eagineenng,l.t.0 • 1696 Country Club nnve • Mans5eld,Texts 76063 • 317-342-2094 . 817.842-20951@x June 24,2013 Planning Commission VAC 13-4402 Panda Express Agenda Item 2 Page 5 of 12 Panda Exoress Water line Vacation PETITION TO VACATE A WATERLINE EASEMENT,LOCATED IN(lot 2,block 2,Fayetteville Center Subdivision),CITY OF FAYETTEVILLE,ARKANSAS TO:The Fayetteville City Planning Commission and The Fayetteville City Council T,the undersigned,being the authorized agent of all the owners of the real estate abutting the water line easement, hereinafter sought to be abandoned and vacated,lying in(lot 2,block 2,Fayetteville Center Subdivision),City of Fayetteville,Arkansas,a municipal corporation,petition to vacate a water line easement,which is described as follows: (see attached survey by Surveys 4 Design,LLCM That the abutting real estate affected by said abandonment of the alley are(see attached Special Certificate provided to applicant by Waco Title)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 described easement. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate, subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this_5_day of June,2013 Printed Name:Lorel Hoffman,agent Signature June 24,2013 Planning Commission VAC 13-0402 Panda Express Agenda Item 2 Page 6 of 12 Q c VA crtna.y CI -2.-Li2-2�l ) POINT OF COMMENCEMENT NORTHEAST CORNER, NORTHWEST QUARTER, NORTHWEST QUARTER, SECTION 20 (T16N—R3OW) DESCRIPTION: UTILITY Gti�p RI EASEMENT VACATION A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF TOWNSHIP ow RANGE 30 WESTW IINHTHEi CITYOF 0,6 FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY m DESCRIBED AS FOLLOWS: N90'00'00"i: COMMENCING AT THE NORTHEAST 15.00' CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID 590'00"00"W SECTION 20; THENCE 500'00'00"W ON 25" UTILITY 10.00, THE EAST LINE OF THE NORTHWEST EASEMENT POINT OF QUARTER OF THE NORTHWEST QUARTER BOOK 986, OF SAID SECTION 20 A DISTANCE OF PAGE 286 IN N 266.69 FEET; THENCE 590'00'00"W A (UTILITY EASEMENT DISTANCE OF 10.00 FEET TO THE POINT VACATION) OF BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE S00'00'00"W A DISTANCE OF 132 84 FEET; THENCE S67'23"00"W A DISTANCE OF 16.25 EASEMENT 50000'00"W VACATION FEET: THENCE N00'00'00"'E A DISTANCE 132.84' OF 139 09 FEET; THENCE N90'00'00"E NDO DDDA DISTANCE OF 15.00 FEET TO THE 139.09', POINT OF BEGINNING. CONTAINS 2039 aG I SQUARE FEET, MORE OR 'LESS FS—CAL : 1"=40' / S67* 50"W � � '1111 qry� ON�1`Y1D F•• / D D. RODGERS, JR. _—_—__ .�. ARKANSAS LS-142214 �-OE 1.�•1. EXHIBIT"A" SURVEYS 4 DESIGN, LLC PROJECTM 12-2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXH1B1T.dwg Planning Commission VAC 13-4402 Panda Express Agenda Item 2 Page 7 of 12 UTILITY EASEMENT VACATION LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20,TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE,WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20;THENCE S00°00'00"W ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 20 A DISTANCE OF 422.47 FEET;THENCE S67°23'00"W A DISTANCE OF 10.83 FEET TO THE POINT OF BEGINNING OF THE UTILITY EASEMENT VACATION TO BE DESCRIBED;THENCE S67°23'00"W A DISTANCE OF 16.25 FEET;THENCE N00°00'00"E A DISTANCE OF 26.90 FEET;THENCE N67°23'00"E A DISTANCE OF 16.25 FEET,THENCE SOO°00'00"W A DISTANCE OF 26.90 FEET TO THE POINT OF BEGINNING. CONTAINS 403 SQUARE FEET, MORE OR LESS. June 24,2013 Planning Commission VAC 13-0402 Panda Express Agenda Item 2 Page 8 of 12 POINT OF t [)LSCRIPTION: (UTILITY I ASI V-N I COMMENCEMENT VACA, I ION ) NORTHEAST CORNER, NORTHWEST QUARTER, A YAK[ DI` IHF- NORTIM sI OUARIFR OF I'II NORTHWEST QUARTER, V'OR1,IWLSI QUARILI2 01 SI`CIION 20, OWN91Y 16 SECTION 20 (T16N—R30W) NOFF i F RANG= 3U 4VI SI, IN TNF ',,I1Y OF FAYF 1 [F VIH 1 , WASHIiN-TTN COUN' ARKANSAS, :3FINC MORI FAH ICULARLY DI C' ILLLD AS FOI I OVAL ("MPViFVCING AI 111L VORIF-FA CORN P OF 1�1� NGNIF *F_.T QUARFF n� T11F N PFI T n AI,FFR o[ SAII) TF N 70 THEN"F000'0')'0() Al0v L [ AS I TIN. OF T-1 NO'0H'hNF -T OUAP IL CI- II NCR iIn,._S1 L 'NG�j �a v,[u� rn sA�n SLC I ov �N n sF:nAND n)2117 C�. IL_i, III NCI 567 J500'"W A DFS'AACF CF : 89 ' LFT TO Till POINT OF BEGINNING OF TIF IIII_ 1Y LASF VFNI VACAT-)N TO RF DFSCRIR-D, IIILNCL 561`73'00"W A ''ISTA\CF OF 16 2L, FFFT; TIiFNCF NOO"00'00"F A 0151AACl 01 16.90 F I [.F: 111LNCL A67'73'00"F A 1)ISiANCF OF 16 75 F I F-T; -F IF NCL 'M'00'00"W A DISTANCE OF 2690 FLEI IO 111 POINF OF BLGINNNG CONTAINS 403 SOUARC FLCT, VORL OR IFSS- 3 o� PN O� O N i SCALE: 1"=40' N67°23100"E S00°00100"w 16.25' 26.90' EASEMENT S67'23'00"W VACATION 10.83' N00°00'00"E 26.90' OINT OF / S67°23'00"w BEGINNING / 16.25' (UTLITY EASEMENT VACATION) HAROLD D. RODGERS, JR. ARKANSAS LS-1422 EXHIBIT "A" SURVEYS 4 DESIGN, LLC PROJECT#: 12.2207 1302 CHESTNUT LANE PANDA EXPRESS EUDORA, KANSAS 66025 2111 U.S. HIGHWAY 62 PH. (660) 596-2666 FAYETTEVILLE, ARKANSAS UTILITY EASEMENT VACATION EXHIBIT 2207EXHIBIT3.dwg June 24,2013 Planning Commission VAC 13-4402 Panda Express Agenda Item 2 Page 9 of 12 VAC13-4402 PANDA EXPRESS Close Up View SUBJECT PROPERTY C-z Legend R ............. Multi-Use Trail (Existing) RSF-4 Future Trails - - - Fayetteville City Limits L=gWVAC13-4402 — Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict 0 37.5 75 150 225 300 Jun 24,2013 ------ Planning Area Feet PI, nmg Commission Agenda Item 2 Page 10 of 12 VAC13-4402 PANDA EXPRESS One Mile View LOREN CIR w w P-+ PLE ST Q F-0Q RS1-0 P-1 R t RMF-24C3 t U' d' RMF A t W Z y J F z - ELL RD O P-, cRZD MARKHAM RD C3 P-t cPZ° RSF-0 ICKSON _ ALLEY 223 Rs 4 Pn � # RSF-0HOT�DR ` $Fd w RSF1 RMFB w < WALTON r RMF24R W C3 Q Q Q RMF2 lLLSHIRE RSF4 Pt tRMF -z4 d` MF-2IRMF-24 -z4 ry� RMF20 0 RMF P-+ SUBJECT PROPERTY a ° 4OOG BLV Q ¢ P+ ca �••r� P-1RMF84 � W P+ CpRLSO R R, RMF_ 3 MITCHELL ST P-+ 24 RMF24 W RMF-24 R'+ Rte° RMF34 J R RMF24 ■ 1 A Q G+ ISI cs cz �.. IS Lt 1-+ c3 C3 cOIPZD G4 -C2 . F, W ...,.,,.,, RO RMF-24 11 R RARMF-24C j C� ,-' -t cs� OFFICE DR ! 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Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: June 18, 2013 VAC 13-4421: Vacation (100 W. DICKSON ST./COLLIERS DRUG STORE, 484): Submitted by KAREN KING for property located around 100 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER. The request is to vacate a 15-foot wide alley located on the northern portion of the Collier's Drugstore site. Planner: Andrew Garner Findings: Property: The subject property is a platted alley located on the north portion of the Collier's drugstore site, addressed at 100 W. Dickson Street. The alley is located on the driveway and parking lot drive aisle providing an entrance to the drugstore off of Saint Charles Avenue. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Single family residence MSC, Main Street Center South Parking lot; office MSC, Main Street Center East Post Office MSC, Main Street Center West U.S. Pizza Company restaurant MSC, Main Street Center Request: The applicant's request is to vacate the alley as indicated on the submitted exhibit. Easement Vacation Approval: The applicant has submitted the required right-of-way vacation forms to the City Utilities Department, franchise utilities, and the adjacent private property owner with no objections. UTILITIES RESPONSE Ozarks Electric No objections Cox Communications No objections Southwestern Electric Power Company No objections Source Gas No objections G:\ETC\Development Services Review\20130evelopment Review\13-4421 VAC 100 Dickson Street(alley behind Collier's Drugstore)\03 Planning Commission\06-24-2013\Comments and Redlines June 24,2013 Planning Commission VAC 13-4421 Colliers Drug Agenda Item 3 Page 1 of 18 AT&T No objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Transportation No objections Solid Waste No objections ADJACENT PROPERTY OWNER: RESPONSE West: Waller Investments LLC (U.S. Pizza Co.) No objections North: The applicant owns the property No objections Public Comment: No public comment has been received. Discussion: The alley is located in the Collier's drugstore parking lot. The alley has never been, but could potentially be used to access the single family residence to the north. The alley could not feasibly be used to access the U.S. Pizza Company site to the west because of grade changes and an existing wall. The applicant proposes to vacate the alley to facilitate a property sale of their adjacent property to the north. When the alley is vacated, it would be equally split between the two adjacent properties, both owned by the applicant. The applicant indicated to staff they would retain the existing driveway for Collier's, and place the portion of it that would now be on the adjacent parcel to the north within an access easement. Recommendation: Staff recommends forwarding VAC 13-4421 to the City Council with a recommendation for approval subject to the following conditions: 1. Damage or relocation to any utilities in the vacated area shall be at the owner/developer's expense. 2. Access in the existing Collier's driveway off of Saint Charles Avenue shall be retained and filed in an access easement. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: June 24,2013 Motion: Second: Vote: Notes: WETC\Development Services Review\2013\Development Review\134421 VAC 100 Dickson Street(alley behind Collier's Drugstore)\03 Planning Commission\06-24-2013\Comments and Redlines June 24,2013 Planning Commission VAC 13-4421 Colliers Drug Agenda Item 3 Page 2 of 18 CREY-LEIKE REALTORS 5636 sunset Avenue Suite B Springdale,Arkansas 72762 June 5,2013 The Fayetteville City Planning CommTssion and The Fayetteville City Council Dear Commission and Honored Council Members: I came to you representing Mei Collier,requesting a Vacation on an Alley on the Property located at 100 Dickson. It Is located behind the Coiner Drug Store and it services as an exit drive. We are asking for this vacation as the alley services as no other purpose than egress to St Charles from Collier parking lot. At this time there is an offer on the property and we have high hopes of bringing new commerce and community to Fayetteville. We are asking for the support of the Planning Commission,the City Council and all of Fayetteville in this new venture. I thank you for your time and consideration today. Sincerely, } Ken C.King J\ — Executive Broker June 24,2013 Planning Commission VAC 13-4421 Colliers Drug Agenda Item 3 Page 3 of 18 BOUNDARY & TOPOGRAPHIC SURVEY nn w,rvrvmur.wmuy.wevnn•,ru., ' r l r• 'f r � 1,� � �s { I '� N V.Hf.•4. ...siiri ti I .grw.wwwmr p' re N' 'rll I ti r I I If3slea� I �uNggiefyu.lnu. _ , June 24,2013 Planning Commission VAC 13-4421 Colliers Drug Agenda Item 3 Page 4 of 18 I MAI 4 'Fe"L 0'cY 100. C* WALLEY — —— — ——— — ——— — — 0 AIN 40 1 X j%J I NUs1 I XU I L DING �� r I -14 YU 'a SI.;COR LOT 13 Sri REI ASPHALT WIDTH VARI4 S 55-RIW > 14 o. 30' 60, go, m —son— 4 onl� Planning Commission VAC 13-4421 Colliers Drug Agenda Item 3 Page 5 of 18 PETITION TO VACATE AN ALLEY LOCATED BETWEEN LOTS 8,9,10,11, 12 AND 13 IN BLOCK 1 of WATSON'S SUBDIVISION OF LOT 14, BLOCK 8 OF COUNTY COURT DIVISION, CITY OF FAYETTEVILLE,ARKANSAS. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We the undersigned being all the owners of Real Estate abutting the alley hereinafter sought to be abandoned and vacated, lying between lots 8,9,10,11,12 and 13 in Block 1 of Watson's Subdivision of Lot 14 Block 8 of County Court Add.,City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: A 15'WIDE ALLEY LYING BETWEEN LOTS EIGHT(8),NINE (9),TEN (10), ELEVEN (11), TWELVE (12)AND THIRTEEN (13) IN BLOCK ONE (1) OF WATSON'S SUBDIVISION OF LOT FOURTEEN (14), BLOCK EIGHT(8) OF COUNTY COURT ADDITION,SAID ALLEY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13 AND RUNNING THENCE N87°10'36"W 203.26',THENCE NO2°35'51"E 15.02',THENCE S87°10'36"E 203.22',THENCE S02°2551"W 15.02'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are a part of Lot 13 Block 8 County Court Add, Lot 10 Block 1 Watson's Subdivision of Lot 14 Block 8 County Court Add, Lot 9 Block 1 Watson's Subdivision of Lot 14 Block 8 County Court Add, Lot 8 Block 1 Watson's Subdivision of Lot 14 Block 8 County Court Add, 50'of the South Side of Lot 8&9 Block 1 Watson's Subdivision of Lot 14 Block 8 County Court Add, City of Fayetteville used by the public for a period of years and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described alley. The petitioners pray that the City of Fayetteville,Arkansas abandon and vacate 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. June 24,2013 Planning Commission VAC 13-4421 Colliers Drug Agenda Item 3 Page 6 of 18