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Home My WebLink About2014-02-24 - Agendas - Final Planning Commission Planning Commissioners Officers William Chesser Craig Honchell, Chair Ron Autry aTyve eV 1le Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting February 24, 2014 A meeting of the Fayetteville Planning Commission will be held on February 24, 2014 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 February 10, 2014 meeting. 2. VAC 14-4617: Vacation (1144 N. FUTRALL DR./CORNERSTONE, 402): Submitted by BLEW AND ASSOCIATES for property located at 1144 NORTH FUTRALL DRIVE. The property is zoned R-O, RESIDENTIAL-OFFICE AND RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 7.94 acres. The request is to vacate part of a utility easement. Planner: Quin Thompson 3. VAC 14-4621: Vacation (EAST OF BEECHWOOD/SOUTH OF THE RAILROAD TRACKS/SPECIALIZED REAL ESTATE, 560): Submitted by JORGENSEN AND ASSOCIATES for property located EAST OF BEECHWOOD AND SOUTH OF THE RAILROAD TRACKS. The property is zoned CS, Community Services, and contains approximately 16.30 acres. The request is to vacate a 20-foot utility easement throughout the property. Planner: Quin Thompson 4. VAC 14-4623: Vacation (229 N. SCHOOL ST./PARKING DECK, 484): Submitted by THE CITY OF FAYETTEVILLE for property located at 229 NORTH SCHOOL STREET. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 1.16 acres. The request is to vacate a utility easement and excess right-of-way. Planner: Jesse Fulcher 5. PPL 14-4616: Preliminary Plat (NE CORNER OF SALEM RD AND PERSIMMON ST/THE TOWNHOMES @ FOREST HILLS, 440): Submitted by MORRISON SHIPLEY ENGINEERING for property located AT THE NORTHEAST CORNER OF SALEM ROAD AND PERSIMMON STREET. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 22.86 acres. The request is for a residential subdivision with 31 single family lots. Planner: Jesse Fulcher Old Business: 6. LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM& GO,329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. Planner: Jesse Fulcher THE APPLICANT REQUESTS THIS ITEM BE TABLED UNTIL MARCH 10,2014. New Business: 7. RZN 14-4618: Rezone (SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY HOLLOW RD/PADDOCK SD, 526): Submitted by BLEW AND ASSOCIATES for property located AT THE SOUTHWEST CORNER OF PADDOCK LANE AND HAPPY HOLLOW ROAD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.77 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Planner: Jesse Fulcher 8. RZN 14-4619: Rezone (6350 W. SELLERS RD./WINDSOR, 513): Submitted by BLEW AND ASSOCIATES for property located at 6350 WEST SELLERS ROAD. The property is zoned RSF-2, RESIDENTIAL SINGLE- FAMILY, 2 UNITS PER ACRE and contains approximately 34.44 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE. Planner: Quin Thompson 9. ADM 13-4602 Administrative Item (UDC AMENDMENT CHAPTER 161.32 PLANNED ZONING DISTRICT and CHAPTER 166.06 PLANNED ZONING DISTRICT): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 161.32 and 166.06. The proposal is to categorize the zoning and development requirements of a Planned Zoning District application into the appropriate zoning and development chapters of the Unified Development Code. Planner: Jesse Fulcher 10. ADM 14-4635 Administrative Item (UDC AMENDMENT CHAPTER 166.21 DOWNTOWN DESIGN OVERLAY DISTRICT STANDARDS; CHAPTER 166.22 PARKING DECK DESIGN STANDARDS; and CHAPTER 166.23 URBAN RESIDENTIAL DESIGN STANDARDS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 166.21, 166.22, and 166.23. The proposal is to modify various design standards UDC Chapter 166. Planner: Andrew Garner STAFF REQUESTS THIS ITEM BE TABLED UNTIL MARCH 10,2014. 11. ADM 14-4650 Administrative Item (PARKLAND DEDICATION): Submitted by THE DEVELOPMENT SERVICES DEPARTMENT, requesting the Planning Commission approve a park land dedication in excess and grant a credit equivalent to said excess to be applied toward subsequent development in the same park quadrant, as supported by the City Council's efforts to acquire"Mt. Kessler." Planner: Jeremy Pate 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 February 10, 2014 Page 1 of 10 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on February 10, 2014 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: January 27,2014 Approved Page 3 ADM 14-4634: Administrative Item (SOUTHWEST CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD/PARK HILL AT MOUNTAIN RANCH R-PZD EXTENSION, 478): Page 3 Approved Old Business: LSD 13-4568: Large Scale Development(NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO,329): Page 4 Tabled New Business: CCP 14-4605: Concurrent Plat(ABSHIER HEIGHTS SUBDIVISION LOTS 13-24,407): Page 5 Approved PPL 14-4609: Preliminary Plat(5450 E.HUNTSVILLE RD. /QUARRY TRACE COMMONS, 571): Page 6 Approved CUP 14-4611: Conditional Use Permit(2400 W. WEDINGTON DR./BAYERS,402): Page 7 Approved CUP 13-4600: Conditional Use Permit(606 E. EDNA STJADAMS,368): Page 8 Approved February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 1 of 10 Planning Commission February 10, 2014 Page 2 of 10 MEMBERS PRESENT MEMBERS ABSENT Sarah Bunch Ryan Noble Porter Winston Ron Autry Kyle Cook William Chesser Tracy Hoskins Craig Honchell STAFF PRESENT Andrew Garner Quin Thompson Jesse Fulcher Glenn Newman Corey Granderson CITY ATTORNEY Kit Williams, City Attorney 5:30 PM—Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Noble were present. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 2 of 10 Planning Commission February 10, 2014 Page 3 of 10 Consent. Approval of the minutes from the January 27,2014 meeting. ADM 14-4634: Administrative Item (SOUTHWEST CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD/PARK HILL AT MOUNTAIN RANCH R-PZD EXTENSION, 478): Submitted by AARON WIRTH for property located at the SOUTHWEST CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD. The property is zoned R-PZD 12-4284 and contains approximately 2.23 acres. The request is for a one-year extension to R-PZD 12-4284(Park Hill at Mountain Ranch). Motion: Commissioner Chesser 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. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 3 of 10 Planning Commission February 10, 2014 Page 4 of 10 Old Business: LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE/KUM & GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE.The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with associated parking. THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL FEBRUARY 24,2014 Motion : Commissioner Chesser made a motion to table LSD 134568 to the 2-24-14 meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 4 of 10 Planning Commission February 10, 2014 Page 5 of 10 New Business: CCP 14-4605: Concurrent Plat(ABSHIER HEIGHTS SUBDIVISION LOTS 13-24,407): Submitted by BLEW AND ASSOCIATES for property located at 1400 AND 1500 BLOCK OF NORTH DESOTO PLACE. The property is zoned RSF-8,RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contains approximately 2.18 acres. The request is to re-plat 12 existing lots into 10 (nine single family and one detention pond lot). Jesse Fulcher, Current Planner, read the staff report. Bart Bauer, applicant, stated he agreed with the conditions. Commissioner Hoskins asked what the distance was between the wall and driveway. Bauer stated maybe 6 feet. Fulcher stated that this area was filled with rock and back-fill for the wall. Motion: Commissioner Winston made a motion to approve CCP 14-4605 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 5 of 10 Planning Commission February 10, 2014 Page 6 of 10 PPL 14-4609: Preliminary Plat (5450 E. HUNTSVILLE RD. /QUARRY TRACE COMMONS, 571): Submitted by MILHOLLAND COMPANY ENGINEERING AND SURVEYING for property located at 5450 EAST HUNTSVILLE ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 35.90 acres.The request is for a residential subdivision with 115 single family lots. Jesse Fulcher, Current Planner, read the staff report. Mel Milholland,applicant,described the background of the project.We concur with the conditions,but the state is not interested in a turn lane on Huntsville. Commissioner Winston asked about the traffic study. Fulcher stated that the applicants will need to analyze current traffic conditions and submit a request for a turn lane to the state who will look at the warrants. Commissioner Hoskins asked when the road will be widened. Glenn Newman, Staff Engineer, stated there is no time table for this section of Huntsville. Commissioner Hoskins asked long an assessment is held. Andrew Garner, City Planning Director,stated 5 years and the Planning Commission can vote to hold it for few years longer if the project is still viable. Commissioner Hoskins asked about the fence along Huntsville and the language for double-frontage lots. Kit Williams,City Attorney, stated that the Planning Commission can require additional landscaping along double-frontage lots. Stephen Liens, applicant, stated that had no plans for additional landscaping. Fulcher stated that street trees are required in between the fence and Huntsville. Commissioner Hoskins stated he is okay with building the tum lane or money in-lieu, but doesn't want to take money if it won't be used. Commissioner Autry asked if staff was okay with money in-lieu. Futcher stated that the money could be used down the road if warrants are met then or if there is a widening project. Williams stated that if money in-lieu is accepted,but not used,then the money is returned to the homeowners, not the original developer. Commissioner Hoskins stated that the commission could approve the project as worded,without money in- lieu and the applicant could come back if the state won't allow the turn lane. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 6 of 10 Planning Commission February 10, 2014 Page 7 of 10 Milholland stated that's their preference, to accept the condition as written and they will come back to the Planning Commission if the state denies the turn lane. Motion: Commissioner Winston made a motion to approve PPL14-4609 as recommended by staff. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 7 of 10 Planning Commission February 10, 2014 Page 8 of 10 CUP 14-4611: Conditional Use Permit (2400 W. WEDiNGTON DR. /BAYERS, 402): Submitted by PAMELA BAYERS for property located at 2400 WEST WEDINGTON DRIVE.The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 0.06 acres.The request is for a conditional use permit to allow Limited business(Use Unit 12), in a RSF-4 zoning district. Quin Thompson, current planner,read the staff report. Pam Bayers, Applicant, described her business to the Commission. William Chesser, Commissioner, asked if the applicant also intended to live at the address. Bayers, said that it was not her intention, and said that it was her understanding that she would still have the right to live there. Thompson responded that she would retain the right to use the house as a residence. Porter Winston, Commissioner, asked staff how many parking spaces were available. Thompson replied that there were 5, including one in the garage. Motion: Commissioner Chesser made a motion to approve CUP14-4611 as recommended by staff. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 8 of 10 Planning Commission February 10, 2014 Page 9 of 10 CUP 13-4600: Conditional Use Permit(606 E. EDNA STJADAMS, 368): Submitted by CHRISTINA ADAMS for property located at 606 EAST EDNA STREET.The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.38 acres. The request is for a conditional use permit to allow a Use Unit 12, Limited Business, in the RSF-4 zoning district. Jesse Fulcher, Senior Planner, read the staff report. Christina Adams,applicant,stated she opened in 1997 on Dickson Street.The house was set up perfectly for her salon when she bought the house. The neighbor next door allowed vehicles to pull through the driveway and the new neighbor allowed it,but now does not want anyone coming through his property. We no longer park at this house or use the driveway. We are willing to do whatever it takes to stay open. David Bruce, customer, stated he's been a customer for 15 years and hasn't seen any major changes to the business operation in this time. This is not a walk in shop. Supports the request. Ingram Vaneps, customer, she's been a customer since the shop was open on Dickson Street. Live around corner and walk to shop. It's a one chair operation. Hank Broyles, customer,he's been a customer for years and supports the request. Tony Baringer, customer,has been a customer for 12 years and has never noticed a change in activity. Was surprised to hear about the complaint. Kyle Gibson, customer, has been a customer for 17 years and friend. Supports the request. Mary Bassett,customer,owns a house on Edna Street and has never heard any complaints from tenants. Also a customer. Supports the request. Duncan Johnson, customer, stated this is quiet business. Commissioner Chesser, stated he was a customer and went to school with neighbor who complained. Can vote on request and has unique perspective of use. Kit Williams, City Attorney, asked if the applicant had read the conditions and agreed with them. Adams, stated she had and they would like to have a fence.The limited hours will be hard for clients that can only come after work. Maybe we could stay open later. Williams stated he wanted to make sure she was okay with the hours of operation. Adams asked to stay open until 7:30 on Friday and 4:00 on Saturday. Commissioner Honchell stated he didn't want to limit the business to less than 40 hours per week. Adams stated she didn't know they couldn't park on the street and would stop doing that.Can we go until 6:00 on Saturday? Commissioner Autry stated he was in favor of extended hours on Friday and Saturday. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 9 of 10 Planning Commission February 10, 2014 Page 10 of 10 Commissioner Chesser stated that day cars produce more noise,traffic and parking and are often approved in similar residential settings. This is a quit shop with a parking issue that can be fixed. Commissioner Honchell stated that this was a 12 month approval to see if you can follow all of the conditions. Motion: Commissioner Winston made a motion to approve CUP13-4600 with all conditions of approval recommended by staff with the following modifications: The hours of operation to be open for business Tuesday-Thursday l Oam-6pm; Friday 10 am-7 pm; and Saturday 10 am—6 pm; Striking the sentence on condition of approval No. 2 that all business operations shall be concluded and all customers are to vacate the premises; Strike the second sentence in condition of approval No. 3; and Modify condition of approval No. 4.b. to state that the fence or screening shall be at least 36 inches high. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-1-0 (Commissioner Hoskins voted `no'). There being no further business, the meeting was adjourned at 7.03 PM. February 24,2014 Planning Commission PC Meeting Minutes 02-10-14 Agenda Item 1 10 of 10 • aye evlle PC Meeting of February 24, 2014 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, City Planning Director DATE: February 18, 2014 VAC 14-4617: Vacation (1144 N. FUTRALL DR./CORNERSTONE, 402): Submitted by BLEW AND ASSOCIATES for property located at 1144 NORTH FUTRALL DRIVE. The property is zoned R-O, RESIDENTIAL-OFFICE AND RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 7.94 acres. The request is to vacate part of a utility easement. Planner: Quin Thompson Findings: Property and Background: The subject property is located at the end of Futrall Drive, north of Wedington Drive, and contains an existing multi-family complex developed many years ago. According the applicant, a recent survey of the property shows that buildings encroach slightly on utility easements in several locations. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Interstate 540 ROW N/A South Commercial C-2, Thoroughfare Commercial/R-0, Residential Office East Undeveloped/Multi-family Housing RMF-12, Residential Multi-family West Interstate 540 ROW N/A Request: The applicant's request is to vacate portions of the existing utility easements in order to remove the easements from the buildings. Right-of-way Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with no objections. The areas being vacated are surrounded entirely by property owned by the applicant. G:\ETC\DevelopmmtServicesReview\2014\Development Review\I4-4617 VAC 1144N Fultrall Dr(Comentone Apartments)\03 Planning Commission\02-24-2014\Coimnents and Redlines February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 1 of 16 UTILITIES RESPONSE Cox Communications No objections Ozarks Electric Power Company No objections Source Gas No objections AT&T No objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections Solid Waste No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4617 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: February 24, 2014 Motion: Second: Vote: Notes: G:\ETC\Development Services Review\2014\Development ReviewA4-4617 VAC 1144 N Fultmll Dr(Comerstone Apartments)\03 Planning Commission\02-24-2014\Comments and Redlines February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 2 of 16 Blew ,i `,`.' . Associates, P. A . Civil Engineers Professional Land Surveyors 524 W. Sycamore Street Suite 84 Fayetteville,AR 72703 PH:479-443-4506 *FAX:479-582-1883 httl2,Y/www.blewinc.com December 18, 2013 City of Fayetteville Planning Commission and City of Fayetteville City Council. We would like to present for your consideration a request for a partial easement vacation on behalf of the Cornerstone Apartments located at 1144 N. Futrall Drive. We ask for a partial vacation of six (6) areas as shown on the attached drawing where during the process of a property boundary survey, six of the existing buildings were found to slightly encroach upon an existing utility easement. Since the extent of the encroachments is very limited in nature, we would request a vacation of these areas to remove the buildings from encroaching upon these easements. Thank you for your consideration on this matter. Michael Million Project Manager February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 3 of 16 PETITION TO VACATE PORTIONS OF AN EASEMENT LOCATED IN PART OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH, RANGE 30 WEST,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 easement hereinafter sought to be abandoned and vacated, lying in part of the Northeast Quarter of Section 7,Township 16 North, Range 30 West,City of Fayetteville,Arkansas,a municipal corporation, petition to vacate an easement which is described as follows: PROPOSED EASEMENT VACATION DESCRIPTION#1 A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH,RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING ATA POINT WHICH IS NO2°44'03"E 1006.63'AND N87"15'57'W 20.73 FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;THENCE N89"02'22'W 3.57';THENCE NO2°44'03"E 65.03'; THENCE 588'02'22"E 1.55';THENCE S00"57'38'W 65.00'TO THE POINT OF BEGINNING.CONTAINING 166.4 SQUARE FEET,MORE OR LESS. PROPOSED EASEMENT VACATION DESCRIPTION#2: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH,RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING AT A POINT WHICH IS NO2"44'03"E 725.25'AND N87°15'57'W 20.73 FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;THENCE N87"2904'W 4.27';THENCE NO2°44'03"E 13.01'; THENCE S87°15'57"E 4,23';THENCE S02°33'56'W 13.00'TO THE POINT OF BEGINNING.CONTAINING 55.2 SQUARE FEET, MORE OR LESS. PROPOSED EASEMENT VACATION DESCRIPTION#3: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH,RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING ATA POINT WHICH IS NO2"44'03"E 582.72'AND N87°15'57'W 49.10'FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;THENCE N87'43'53'W 11.75';THENCE NO2`37'14"E 29.96'; THENCE S87'15'57"E 11.56;THENCE S02'16'07'W 29.87'TO THE POINT OF BEGINNING.CONTAINING 348.6 SQUARE FEET,MORE OR LESS. PROPOSED EASEMENT VACATION DESCRIPTION#4: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH,RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING ATA POINT WHICH IS NO2°44'03"E 557.16'AND N87°22'46'W 140.27'FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;THENCE S02'11 0'04'W 10.35';THENCE N87"22'46'W 36.79'; THENCE NO2°10'04"E 10.06`,THENCE S87°49'56"E 36.79'TO THE POINT OF BEGINNING.CONTAINING 375.3 SQUARE FEET,MORE OR LESS. PROPOSED EASEMENT VACATION DESCRIPTION#5: A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH,RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING AT A POINT WHICH IS NO2"44'03"E 557.16'AND N87°2246'W 275.06'FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;THENCE N75°40'30'W 13.01°THENCE S87°22'46"E 13.29'; THENCE S14°19'30'W 2.70'TO THE POINT OF BEGINNING.CONTAINING 17.5 SQUARE FEET,MORE OR LESS. PROPOSED EASEMENT VACATION DESCRIPTION#6' A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7,TOWNSHIP 16 NORTH,RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN,WASHINGTON COUNTY,ARKANSAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT;BEGINNING AT A POINT WHICH IS NO2°44'03"E 557.16'AND N87°22'46'W 348.82'FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT;THENCE N73'54'22'W 5.97';THENCE S87°22'46"E 6.14'; THENCE S16"05'38'W 1,43'TO THE POINT OF BEGINNING.CONTAINING 4.3 SQUARE FEET,MORE OR LESS. February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 4 of 16 That the abutting real estate affected by said abandonment of the easements are Cornerstone Apartments,a Limited Partnership,Quail Ridge Subdivision, Horseshoe Addition and part of the SW N of the NE 14 of section 7,Township 16-N, Range 30-W,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 the 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 easements of the public for the use of said easement. Dated this Zff day of Ube Lra 20Xa Printed Name Signature Printed Name Signature February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 5 of 16 icY N!Yd at£ < f as3i fIS311 E,a.am.• 1041 €d; 9 In3d fpgt " t.b H r To 3 Pe� a3"syr '/ �� S-r f ie°tai f x` t3¢s� 'e e fsey�. o 3s[ YfT x F a� e3 �f YF3 1i 0c g[c[�sis9: 33f gQiNfFy - X 5§333d Sd 4 F¢iees / yA iapF3 F4f d�faa" % t;f §§ 9 d ary .f € O 3'533^�j.3 n{� F / _�. 3 i. : 1 f � V•ci)aroC ./' d�3[wf Q / 7 jc 1i j. CO cc W � �• Ql.sezg: .fi agT4�¢ MY s - — ... k MWY 1�¢s.?dxx U9. -- 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 6 of 16 ' 4 UTHATY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: t2-l3-t,3 UTILITYCOMpANY: Mu APPLICANT NAME:C�su e k-] &C- Qa k'T APPLICANT PHONE: A 4-3 REQUESTED VACATION(applicant utast check n11 that apply): I 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 loention/Address(referring to attached document must be,completed**) -,liA4 FT v. L4 NO- (A legal descrlpdon ad graph Ic rep rem tatlox of vhat is being va cafe"UR VE F) UTILITY COWANY COMMENTS: ❑ No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements ate retained. (State the location,dimensions,and purpose below.) CK No objections provided the following conditions are mef:' Any damage to or relocation of our existing facilitites will he at thewnPr�1P\.PInTPfe p =Pn Signature of Utility Company Repre�t6tative Contruction Planner NWA iii Title Augun 2012 Page 5 February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 7 of 16 UTILITY APPROVAL FORM I FOR RIGHT-OF-WAY,ALLEY,AND ' UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: T APPLICANT NAME:rD( 1FJC+TOnS6 OcPYS APPLICANT PHONE: REQUESTED VACATION(applicant must check Lal that apply): KUtility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-o&-way I have been notified 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") (141 Dr: FA (ATTACH legal description and graphic representation of what is being vacated-SUR VE 19 UTILITY COMPANY COMN ENTS: ❑ 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 No objections provided the following conditions are met: N��ED 177c)IZ BeLQC&DnNSQElJ £ 1 F CIL E E eu t a5 S Signature of Utility Company Representative QS 1)EEihL E_ KG) ��,�n _ Title Arrg,ar 2012 Page 5 February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 8 of 16 i UTUATYAPPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMNT VACATIONS DATE: 12-(3- 13 UTIIM COMPANY: 16YM W 6ft5 APPLICANT NAME:[,apjJ�"'>¢S(p�,}g A-em APPLICANT PHONE:443 4-5c) REQUESTED VACATION(applicant must check gff that apply): W, Utility Basement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. n Allay ❑ Sfmotright-of-way I have been notified ofthe petition to vacate the following(alley,easement,right-of--way),described as follows: General location I Address(referring to attached document_must be completed") (ATTACUlegal description and grophle representation of what is heing vacated-4C VEV iITILiTY 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.) E! ❑ No objections provided the following conditions are met:- Signature ofUtihty Cmnpanyltepm6eat9 �t�j7clL.Vi Sb/� TiEle � • Avgwt 2012 Page 5 t February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 9 of 16 UTILITY APPROVAL,FORM hYln NIOIPI'-Or-%VAY.A I.LSV,ANb 1113Lt71'I:A9f;Ai1?N'r VACATIONS G1 n.13Y GY�11'ANY: � 5" A31I4.It'.Arl1NAW `11V Ivl;rnlrsnmvnamynrlp,M,rrnne..nerhrci�A Ate_ --nrr!acaN'YrgnNb•: .lf fm09 VlUiry ec.n„a,l Nlsln-nlivey hhclln;rusirmyrW VlahThYn�n*a,Y.lealgi wi9iinmevw�an;d r$hF ni-wnp- il All, n Soalriaa.w'-rny 1 hmr fern imlir'al of ftm pdh=a:x.vrNm Ihv rntlnrniN l allop m!vunu,.,'glvlarFnrV'i,AncJbc� n,rnmvn: Goland re�dlau I AJd:«frc 6aeinl•,la ehedm.l rA+Ziiu:eh mnrt Lc rnmp!ewJ^) (ATliICII bewd Jrnal/NLm nxdA•mrfte pmserreaAmr nl.r"kAefnA•�'rrenleebAllf(IYYJ I!1ILI3'Y COMPANY MxI61INIS: Iinpli�:x'.ir•:o k,Illc ea:uhn4�IhxrihM OPerc. 4 Nn a1QmF'yb to di dmvva...... F;:nbrd nbwo,OraYiANl fallowin6 AavcArxd awcmwbaw cclainW. f5!sle!bc lecn!iw:. nimdons,nuJ pn�nrw ba!ax�J •� Naahlc<I!nmpn.riA�-d:haaner.i�m�r,,�na�„•�nnk� ..— ,_� SlKmlu,^.nr UlililY(Cpinpony Rcp,i�<nLpiry —` 3'irla Ayiw M:: Pnl'e.l February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 10 of 16 i I i FOR WGWV-OF-IYAV.ALUY,.+Nn H 111,7V F.ASENl M'f VA[ 'IYUNs oAYs: 1JTftMC0WA1W. - APiq.1C.'MMArAIPON -4t?.QS-jTJ+.2:• �(Y1S _ _APPLiCANI'VH(Nitt:�e{3 490(.1 RP.QUFSTP,n VA(IA'I'IPN(dnppmnl urxncbnt CII ILmaDy(y): lkilily Lummrril o Nislumfavey lhl allq•anuam and eb WIRY CAxmnna lnneved wllhin do v.welM nylrP of.107 ❑ Alley T Sowb{I;bocPnwY i Love Lean nauf ed e[ILr I:atindn le ve<mc lire Inilwvi::g(nllry.enwrrna,HS)x rrJnrmq,do aiLd n-Wilexx: I tklgl lleal,l1up/pJd:wi(aarVd,n�gllwllrc efoen:::m(.[nnA uMll pfttCd •) pp +. CS37Yt? k O(2 %I L k. (Andixfgd*MfpMnb'AAns wdnea'WRM InnMCOMPAWCOWGRUM 11 1Ra.%#mWAMdRevA0vJcd&WfMAndab w n an objalleaa to llw voeelinMd dnenlcd nlwvu.IlmviJ following dambed to¢daeb ere mminM fSnd6 tIa luualioi, W4#law,and JMn{ Mbd0n'.) o N,..Pohlcctlurn Cvsld;A du fnlle•xing ronddlen+ea mrl•I: Silmaunc of UHIIIY I"mnV'ol Ihpk.-roily Titld - �' �gu.r)dn +�n z February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 11 of 16 Cr171;rry APPR1 VAf.FORM POR HlGl r.OV-4VAV,ALMV,AND s D'r11ATY SAlwAIRNL V AC ATIO?IS DAM I (Lrrvv.oASANr, MQUYS11'r NACA VIpr.fpjd1wrfalfd.. i}! nhof AImL11:ANr PII@uL':4'4 SUL✓ RN.QVLS1'RU VAOA'ItON fnrurfrnurtmer MaA�rM,Mrpy} Q� Oblily€becomel r RjpjFrw yYnl nfiny o,nroye and nil ulililY•% ort r.te lenmud%viVior the v ird tight-of_•b All, n SGntl liph4eG•,ay 11eva hnce,mliW nrthep:Aienof vaerfo Ile follesring(nllq.eeanerenl.rryytlmf:1vy7.defnlLed as fella n rrnernl I...iton I Adfla p=Iarino ru wryiW 4ev11pd-m-mt fmcunrpltWd y - _��_4�' (n rf101 ryml dearf(elnn rru„Aldr'u!'meurxlluu ufrvneW I'drry,vkmnhV(:RI'G1'1 tralary CON lANv CODmmbns: �E No obJ<ntioenb ft recofoj*)derondW dorm. \p lo lo%C VUMien(s)rl:raj d abort rand N llltorng MUS L.l C,riluns 916 l4billc6. (h'Inm km leeeuon,rlinrvnvbns,oral 1�9ron tre:mn} r No obj L,11 nrenr4bd Ilio frllovir,wrnliim:n,ve Siun^luw of❑tinly Cam uV Rapmenetivv rule Inyel February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 12 of 16 D17LffY APPROVAL FORM RUR IlI41if-dP-{YAY,N.LP.Y, AND UTIL!•tY ISh5CA16TIT V hCATYDNS DAM l2-IS-t3 MITY COMPANY: C7 ,9Aa lC- ALTLlUANTNAMli:(/l'lf Qs.R �TDhf� ray", _- - -, APPIICAN7`P}ION6:4Ig' �./ R!"olMSII:n YACAVON(vppfMnnlhnrfl drrck ilfftAw aPldy): Vk llalilyr!. n a ii ftbtar-wiq fnrall,r %rmJn uM all wilily namwndc l owWivlthhwhavnweddAld-of any. All, '. Q Slrcn rishwlhrav I 11'evu bne nntifntnrlhc pclith,tovnoura tW Ill lMfay,rnmuien6 HgAF luny),tkuAL44 ar rollowa: Cmsrnl lornlimr/Add.(mrarbigm nlmeheJ dnnonmt-mmrlr rmnptrml••) nn,�, (AITALYd fugal dm*ilaa gl{dgrnphk np/arr140n.of.AMfir hdog nacwrA MV01) UMM COWANY COMWNTS: R No oljceliworm 1114 ventlall(l)dmvim atwv4. ❑ 14.ob,crfinw to the vnwlian(e)daerihW nlarve,ymriJnl[ollwv i aP JwmbeJ enfelnenb n,e rclnined. [alum 19c I4rnlloa Airnmulwlr,mod p"".Maw.) L M,aUjwlinnap..cided th.rallmviny wnJlth.a un mel: (7),eq McGee I Slppmlum of[Idliry CnlupxnY ReNeso¢ati{x Karl Staking TPrh i I'lllc Aaiir Ml; I �2 February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 13 of 16 VAC14-4617 CORNERSTONE Close Up View F P4 '•i ,�� I 1 i } . • �` . CAYCAe. 'a �lfF�u. MO 7.eee 7>••fweesmaeeem`wau� 1i .. �. SUBJECT PROPERTY 4 , ■ z J' ARTHURHAWRt RMF-6 IRgo 4' Q � �SKYLERDR 9 MEGAN D ' R DOROTHY JEANNE ST ,'�� .......................@644.......,.......... aw I L t t • « ' �� tg �7 .'NEWpQRT CORNERSTONE P " �1 LAWSONST 'RMF-12 43 �I �> I HOLLY ST fl .� .'• __ - 4 PRIVATE 1227 Il�ll+I+I VALLEY DR HATFIELDST � w <' 'RUT IiA> I� lFse T it stiORADIR t?rervely Fayetteville City imits VAC14-4617 w Footprints 2010 — Hillside-Hilltop 0 erlay District Design Overlay istrict 0 200 400 6D0 1,200 1,600 ------ Planning Area Feet February 24,2014 Planning Commission - orners one Agenda Item 2 14 of 16 on .. ,_ ibn , •' r. `.. -7. 1 ..�I I -.%Yr.T- p,II, — —'4 '�r iNx,rv�n"�c;Y'J.�,� logo � r I z e ' ';'SII• ■ . T r',y�- ��lfS'�I,r—�Cci�;••'� .J �.',I I Cl • `r� ��// t.' JRPZD \ RA ti� - � 1 � `,IL _ �� P is �� , J_,.i+�. •_�-_;: E r~ • .� •. Ali, J_ .�� d •• • a _ ��•. P' rl e ,q pp 1 Overview 1 1 •. February 24,2014 Planning Commission VAC 14-4617 Cornerstone Agenda Item 2 16 of 16 • aye evlle PC Meeting of February 24, 2014 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Quin Thompson, Current Planner THRU: Andrew Garner, City Planning Director DATE: February 18, 2014 VAC 14-4621: Vacation (EAST OF BEECHWOOD/SOUTH OF THE RAILROAD TRACKS/SPECIALIZED REAL ESTATE, 560): Submitted by JORGENSEN AND ASSOCIATES for property located EAST OF BEECHWOOD AND SOUTH OF THE RAILROAD TRACKS. The property is zoned CS, Community Services and contains approximately 16.30 acres. The request is to vacate a 20-foot utility easement throughout the property. Planner: Quin Thompson Findings: Property and Background:, The subject property is located on Beechwood Drive and contains approximately 16.30 acres developed primarily with warehouses. The applicant intends to entirely redevelop this property and existing utility easements throughout the property conflict with the proposed development plan. New utilities and easements would be installed to serve the new development at a later time. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Industrial/Commercial 1-1, Heavy Commercial and Light Industrial/CS, Community Services South Industrial 1-2, General Industrial East Undeveloped/Multi-family Housing R-PZD/ 1-1, Heavy Commercial and Light Industrial West Interstate 540 ROW N/A Request: The applicant's request is to vacate existing utility easements in order to prepare for demolition of the existing buildings and redevelopment of the property. Right-of-way Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities,with no objections. G:\ETC\Development services Review\2014\Development Review\14-4621 VAC E of Bmchwood_S of RR Tracks(Beechwood)\03 014 Planning Commission\02-24-2014\Comments and Redlines February 24, Planning Commission VAC 14-4621 Beechwood Agenda Item 3 1 of 16 UTILITIES RESPONSE Cox Communications No objections with conditions Arkansas Electric Power No objections with conditions Ozarks Electric No objections Source Gas No objections AT&T No objections with conditions CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No objections with conditions Solid Waste No objections Transportation No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 14-4621 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. The request to be placed on the City Council agenda to vacate the subject easements shall not be processed by staff until the following two items have been addressed: a. A signed Petition to Vacate following the City's accepted format shall be submitted. b. A legal description of all the easements to be vacated or an adequate exhibit as approved by the City's GIS Division shall be submitted. 2. This vacation will not be complete until all active customers have disconnected and cable relocation has been completed. Relocation shall be at the owner/developer's expense. Existing aerial facilities along the east side of Beechwood Avenue must be shown within a utility easement, or are to be included in the relocation costs. 3. New easements for electric utilities shall be provided along Beechwood Avenue. 4. The easements may be vacated after new water lines and sewer lines have been approved and installed as part of the future planned project. The new easement plat shall supersede existing easements proposed to be vacated. 5. Any relocation or damage to utilities shall be at the owner/developer's expense. QTTC\Development Services Review\2014\13evelopment Review\14-4621 VAC E of Beechwood_S of RR Tracks(Beechwood)\03 Planning Commission\02-24-2014\Comments and Redlines February 24,2014 Planning Commission VAC 14-4621 Beechwood Agenda Item 3 2 of 16