HomeMy WebLinkAbout2014-09-08 - Agendas - Final CITY OF
a e evl jq AGENDA
Y ARKANS
Planning Commission Meeting
September 8, 2014
5:30 PM
113 W. Mountain, Room 219
Members: Tracy Hoskins (Chair), Ron Autry (Vice Chair), Ryan Noble (Secretary), Sarah Bunch,
William Chesser, Kyle Cook, Craig Honchell, Janet Selby, and Porter Winston.
City Staff: Andrew Garner, City Planning Director
Call to Order
Roll Call
Consent
1. Approval of the minutes from the August 25, 2014 meeting.
2. VAC 14-4816: Vacation (555 MAPLE ST./STERLING FRISCO, 484): Submitted by
MCCLELLAND ENGINEERS for property located at 555 MAPLE ST. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 2.82 acres.The request is to vacate a utility
easement. Planner: Quin Thompson
Old Business
No items of old business.
New Business
3. ADM 14-4841: Administrative Item (210 SOUTH CROSSOVER RD./CENTRAL EMS, 527):
Submitted by BECKY STEWART for property located at 210 SOUTH CROSSOVER RD. The
property is zoned RSF-4, Residential Single-family, 4 units per acre and contains approximately
4.60 acres. The request is to amend conditional use permit 13-4390 to allow extended hours of
operation. Planner: Jesse Fulcher
4. PPL 14-4784: Preliminary Plat (W. ALBERTA ST./THE COVES PHASE 2, 555): Submitted
by CRAFTON TULL for property located on W. ALBERTA STREET. The property is zoned RSF-
8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 10.22
acres. The request is for a 45 lot single-family subdivision. Planner: Jesse Fulcher
5. PPL 14-4818: Preliminary Plat (VAN ASCHE BETWEEN GREGG AND STEELE
BLVD./TWIN CREEKS VILLAGE, PHASE 3, 172): Submitted by MCCLELLAND ENGINEERS
for property located at VAN ASCHE BETWEEN GREGG AND STEELE BLVD. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 9.19 acres. The
request is for an 8 lot subdivision. Planner: Quin Thompson
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
6. LSD 14-4817 Large Scale Development (3399 W. BLACK FOREST DR./FREDDY'S
CUSTARD AND STEAKBURGERS, 643): Submitted by CEI ENGINEERING for property located
3399 W. BLACK FOREST DR. The property is zoned R-PZD, RESIDENTIL PLANNED ZONING
DISTRICT and contains approximately 1.35 acres. The request is for a 3,675 square foot
restaurant and associated parking. Planner: Jesse Fulcher
7. VAR 14-4843: Variance (36 EAST CYNDEE ST./GINGER, 251): Submitted by TAYLOR
WOOD for property located at 36 EAST CYDNEE ST. The property is zoned RMF-24,
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.17 acres.
The request is for an urban residential design standard for garage location and maximum
driveway width requirements. Planner: Quin Thompson
8. CUP 14-4822: Conditional Use (3263 SKILLERN RD./McCUTCHEON, 255 & 256):
Submitted by BATES AND ASSOCIATES for property located at 3263 SKILLERN RD. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 1.06 acres. The request is for a tandem lot. Planner: Quin Thompson
9. CUP 14-4814: Conditional Use (2630 E. CITIZENS DR./HOGWILD CROSSFIT, 371):
Submitted by JEREMY KENNEDY for property located at 2630 E. CITIZENS DR.. The property
is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 8.91 acres. The
request is for a fitness center in a C-1 zoning district. Planner: Quin Thompson
10. CUP 14-4815: Conditional Use (2804 W. MLK BLVD./AT&T STORE, 558): Submitted by
BATES & ASSOCIATES for property located at 2804 W. MLK BLVD. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 0.48 acres. The request is for
additional parking. Planner: Jesse Fulcher
11. CUP 14-4812: Conditional Use (4170 W. MILK BLVD./HELLO COCOA, 595): Submitted
by ABBY STEWART for property located at 4170 W. MLK BLVD. The property is zoned R-O,
RESIDENTIAL-OFFICE and contains approximately 3.40 acres. The request is for a chocolate
shop in an R-O zoning district. Planner: Jesse Fulcher
12. CUP 14-4813: Conditional Use (808 PEEL ST./RACHAEL BULL, 330): Submitted by
RACHAEL BULL for property located at 808 PEEL ST. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.43 acres.
The request is for a daycare in an RSF-4 zoning district. Planner: Jesse Fulcher
13. CUP 14-4810: Conditional Use (1882 N. STARR DR./ADORABLE DOGGIE DOS, 373):
Submitted by TANYA MARDON BIGI for property located at 1882 N. STARR DR. The property
is zoned RSF-1, RESIDENTIAL SINGLE FAMILY, 1 UNIT PER ACRE and contains
approximately 1.32 acres. The request is for a change in a non-conforming use to allow a dog
grooming business in an RSF-1 zoning district. Planner: Quin Thompson
2
The following items have been approved administratively by staff:
LSP 14-4820: Lot Split (HWY 112 SOUTH OF VAN ASCHE INTERSECTION/FELLOWSHIP
CHURCH, 208 & 209): Submitted by ENGINEERING SERVICES for property located at HWY
112 SOUTH OF VAN ASCHE INTERSECTION. The property is zoned CS, COMMUNITY
SERVICES and contains approximately 26 acres. The request is to split the property into two
tracts containing approximately 24.74 and 1.16 acres each. Planner: Jesse Fulcher
Adjourn
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 Chairrecognizes you, go to the podium and give yourname 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.
3
CITY OF
Taye ARKeAN SAS le MINUTES
AN
Planning Commission
August 25, 2014
5:30 PM
City Administration Building in Fayetteville, AR, Room 219
Members: Tracy Hoskins - Chair, Ron Autry- Vice-Chair, Ryan Noble — Secretary, William
Chesser, Kyle Cook, Craig Honchell, Porter Winston, Janet Selby, and Sarah Bunch
City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin
Thompson — Planner, Glenn Newman — Development & Construction Manager, Cory
Granderson — Staff Engineer, and Kit Williams —City Attorney
1. Call to Order: 5:30 PM, Tracy Hoskins
2. In Attendance: Craig Honchell, Ryan Noble, Kyle Cook, Tracy Hoskins, Janet Selby, Porter
Winston, Sarah Bunch, and Ron Autry
Absent: William Chesser
Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Corey Granderson, and Kit Williams
3. Approval of the minutes from the August 11, 2014 meeting.
ADM 14-4826: Administrative Item (617 N. COLLEGE AVE./KONA COAST TACOS,
445): Submitted by ABBIE ROSE for property located at 617 N. COLLEGE AVE. The
property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.21
acres. The request is for a Mobile Vendor Annual Permit.
ADM 14-4835: Administrative Item (205 W. DICKSON ST./NOMAD'S NATURAL
PLATE, 484): Submitted by RYAN DOVER for property located at 205 W. DICKSON ST.
The property is zoned MSC, MAIN STREET/COMMERCIAL and contains approximately
0.26 acres. The request is for a Mobile Vendor Permit Annual Permit.
VAR 14-4752: Variance (324 W. DICKSON ST./SMOKE AND BARREL, 484): Submitted
by EVAN MCDONALD for property located at 324 W. DICKSON ST. The property is zoned
MS/C, MAIN STREET/CENTER and contains approximately 0.74 acres. The request is for
a parking variance to pay money in-lieu for removing six parking spaces.
Motion:
Commissioner Cook made a motion to approve the consent agenda. Commissioner
Selby seconded the motion. Upon roll call the motion passed with a vote of 8-0
Mailing Address: Planning Commission
113 W. Mountain Street September 8,2014 www.fayetteville-ar.gov
Fayetteville,AR 72701 Agenda Item 1
Minutes 8-25-14
Page 1 of 10
4. New Business:
CUP 14-4801: Conditional Use (6316 W. WEDINGTON DR./COX TAX SERVICES, 396):
Submitted by JAMES COX for property located at 6316 W. WEDINGTON DR. The property
is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 0.66 acres. The request is for an office use in a residential district.
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
Jesse Cox, Applicant, said that he understood and had no problem with the proposed
conditions of approval.
Porter Winston, Commissioner, said that a tax accounting firm is usually a quiet sort of
business; that the applicant had no issues with the conditions, and he was in favor.
Motion:
Commissioner Winston made a motion to approve CUP 14-4801 as recommended by
staff. Commissioner Bunch seconded the motion. Upon roll call the motion passed
with a vote of 8-0-0.
Planning Commission
September 8,2014 2
Agenda Item 1
Minutes 8-25-14
Page 2 of 10
ADM 14-4825: Administrative Item (600 N. MISSION BLVD./SARAH KATHRYN'S, 446):
Submitted by JIM & SARAH WADE for property located at 600 N. MISSION BLVD. The
property is zoned RSF-4, Residential Single-family, 4 units per acre and contains
approximately 0.27 acres. The request is to amend conditional use permit 95-16 to allow for
a single-chair salon in the existing gift shop.
Jesse Fulcher, Senior Planner, read the staff report.
Sara Ward, applicant, stated the property was under contract.
No public comment was presented.
Commission Hoskins asked about the addition off-site parking.
Fulcher explained that the parking is part of the business, but is technically across the
property line. They are planning on submitting a property line adjustment to fix it.
Motion:
Commissioner Winston made a motion to approve ADM 14-4825. Commissioner Bunch
seconded the motion. Upon roll call the motion passed with a vote of 8-0-0.
Planning Commission
September 8,2014 3
Agenda Item 1
Minutes 8-25-14
Page 3 of 10
VAR 14-4836: Variance Request (517 N. WALNUT AVENUE/MORTON, 446): Submitted
by CLAY MORTON for property located at 517 N. WALNUT AVENUE. The property is zoned
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately
0.20 acres. The request is for a variance from streamside protection regulations.
Corey Granderson, Staff Engineer, read the staff report.
Clay Morton, applicant, explained the background of the property.
No public comment was presented.
Andrew Garner, City Planning Director, stated that public notice was given to the adjacent
home owners and a sign was posted on the property.
Motion:
Commissioner Cook made a motion to approve VAR 14-4836 as recommended by staff.
Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote
of 8-0-0.
Planning Commission
September 8,2014 4
Agenda Item 1
Minutes 8-25-14
Page 4 of 10
VAR 14-4839: Variance Request (HIGHWAY 112 SOUTH OF VAN ASCHE
INTERSECTION, FELLOWSHIP CHURCH): Submitted by ENGINEERING SERVICES, INC.
for property located at HWY 112 SOUTH OF VAN ASCHE INTERSECTION. The property is
zoned CS, COMMUNITY SERVICES, and contains approximately 24.74 acres. The request
is for a variance of the Access Management and Non-residential Design Standards.
Jesse Fulcher, Senior Planner, read the staff report.
Bo Wilkens, applicant, stated he didn't have any additional comments about the driveway
variance.
Audy Lack, applicant, explained the issues with EIFS and that it wasn't a product they would
use in the past. They are comfortable with the product know and for this site specifically, it's
the best choice.
Kit Williams, City Attorney, stated that commercial design standards don't apply to churches.
Churches are exempt from aesthetic review, but not health and safety regulations. Staff has
some valid arguments, but I'd recommend not requiring the building material standards. The
applicant's arguments are also very valid.
Commissioner Winston stated that EIFS may be a prohibited material because of the health
and safety issues with water damage, mold, etc.
Lack stated that most of the building is brick. We wanted to create a textural contrast in
materials.
Commission Hoskins stated that most of the problems with EIFS was installation, not the
product. The product is very easy to damage and needs to be above arms reach.
Commissioner Winston stated he was okay with the materials, since it's the best for the site
conditions described by the applicant.
Commissioner Autry stated that EIFS has improved over the years.
Public comment:
Jimmy Terri, 112 Drive-In Owner, stated they don't object to the church, but wanted to note
that there is a lot of traffic at this location on Friday and Saturday nights.
No more public comment was presented.
Commissioner Cook asked if the applicant tried to get a shared driveway with the property
to the north.
Wilkens stated they had been trying for months, but they couldn't come to an agreement with
the land owner.
Commissioner Winston asked about site lighting.
Williams stated that City code addresses outdoor lighting already.
Planning Commission
September 8,2014 5
Agenda Item 1
Minutes 8-25-14
Page 5 of 10
Commissioner Winston stated for the record that the public was concerned with light
pollution.
Commissioner Hoskins asked staff to explain the rational for supporting the access
management ordinance.
Fulcher stated that it was in part due to the requirement by the Fire Code for a second access
point. Another reason was the peak hour traffic created by a church use and that a single
driveway would not support this much traffic. There is also very little use of the driveway to
the north, so conflicting turning movements were not a concern.
Motion:
Commissioner Winston made a motion to approve VAR 14-4839 with all variances as
requested, adding a condition of approval below. Commissioner Autry seconded the
motion. Upon roll call the motion passed with a vote of 8-0-0.
Condition of Approval 1.d.
The out lot shall not have another access to Hwy 112. Access shall be limited to the two
driveways approved with this project.
Planning Commission
September 8,2014 6
Agenda Item 1
Minutes 8-25-14
Page 6 of 10
RZN 14-4803: Rezone (INTERSECTION OF CHAMPION AND WINDSWEPT
DRIVES/SUMMIT PLACE S/D, 329): Submitted by BLEW AND ASSOCIATES for property
located at INTERSECTION AND ALONG CHAMPION AND WINDSWEPT DRIVES. The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately
13.23 acres.The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE FAMILY,
4 UNITS PER ACRE.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Eric Heller, applicant, stated they were asking to rezone the property to make bigger lots on
the hill.
Commissioner Winston stated he was initially excited about the density of Neighborhood
Conservation, but not sure that it's a good idea across the entire property. RSF-4 is a good
choice and consistent with adjacent properties.
Motion:
Commissioner Cook made a motion to forward RZN 14-4803 to City Council with a
recommendation for approval. Commissioner Winston seconded the motion. Upon roll
call the motion passed with a vote of 8-0-0.
Planning Commission
September 8,2014 7
Agenda Item 1
Minutes 8-25-14
Page 7 of 10
RZN 14-4807: Rezone (103 PLAINVIEW AVEJDANIEL, 213): Submitted by BLEW AND
ASSOCIATES for property located at 103 PLAINVIEW DRIVE. The property is zoned RSF-
4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 3.34
acres. The request is to rezone the property to R-0, RESIDENTIAL-OFFICE.
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
Eric Heller, Applicant, said that there would be no disturbance within designated floodplain.
Porter Winston, Commissioner, said that he was excited about seeing a successful cottage
development.
Sarah Bunch, Commissioner, asked staff whether Plainview connected to Millsap Boulevard,
saying that connections were important in the area where traffic is prone to congestion at
times.
Thompson said that it did.
Motion:
Commissioner Winston made a motion to forward RZN 14-4807 to City Council with a
recommendation for approval. Commissioner Honchell seconded the motion. Upon roll
call the motion passed with a vote of 8-0-0.
Planning Commission
September 8,2014 8
Agenda Item 1
Minutes 8-25-14
Page 8 of 10
CUP 14-4805: Conditional Use (153 E. MONTE PAINTER DR./HEALTHSOUTH
EXPANSION, 251): Submitted by GRESHAM, SMITH, AND PARTNERS for property
located at 153 E.MONTE PAINTER DR. The property is zoned R-O, RESIDENTIAL-
OFFICE and contains approximately 4.75 acres. The request is for a hospital in the R-O,
Residential-Office zoning district.
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
Chad Smith, Applicant, said that he represented a company that administrates 105 hospitals
nationwide. He said that they have found that it takes a parking ratio of 2 spaces per bed in
order to operate the facility smoothly. He said that the requirement for 20%of provided parking
to be accessible (ADA) the facility will have a net loss of regular spaces after the addition is
complete.
Porter Winston, Commissioner, asked staff about the seemingly large number of ADA
spaces.
Thompson replied that in a hospital or similar use that can expect a higher than usual number
of disabled clients, a ratio of 20% of provided parking spaces must meet accessibility
requirement, adding that this facility is over-parked by approximately 100%, so the number of
ADA spaces required is correspondingly high.
Craig Honchell, Commissioner, asked about staffing and shift arrangements.
Jack Mitchell, HealhSouth CEO, spoke about staffing and shift overlap, family participation
in care, and the overlapping need for parking spaces the facility experiences during certain
times of day and night.
Motion:
Commissioner Winston made a motion to approve CUP 14-4805 in favor of both requests
with conditions as recommended by staff. Commissioner Honchell seconded the motion.
Upon roll call the motion passed with a vote of 8-0-0.
Planning Commission
September 8,2014 9
Agenda Item 1
Minutes 8-25-14
Page 9 of 10
5. Reports: No reports
6. Announcements: No announcements
7. Adjournment Time: 7:20 PM
8. Submitted by: City Planning Division
Planning Commission
September 8,2014 10
Agenda Item 1
Minutes 8-25-14
Page 10 of 10
CITY OF
ayepi le PLANNING COMMISSION MEMO
Y ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Current Planner
MEETING DATE: September 08, 2014
SUBJECT: VAC 14-4816: Vacation (555 MAPLE ST./STERLING FRISCO, 484):
Submitted by MCCLELLAND ENGINEERS for property located at 555
MAPLE ST. The property is zoned DG, DOWNTOWN GENERAL and
contains approximately 2.82 acres. The request is to vacate a utility
easement.
RECOMMENDATION:
Staff recommends forwarding VAC 14-4816 to the City Council with a recommendation for
approval.
BACKGROUND:
Property and background: The subject 2.82 acre property is at 555 West Maple street, is zoned
DG, Downtown General and is developed with a large student housing facility. There are existing
utility easements that are no longer required. Surrounding land use and zoning is depicted in
Table 1.
Table 1
Surroundin Land Use and Zoning
Direction Land Use Zoning
from Site
North Mulit-familyresidential RMF-40, Residential Multi-family
South Commerical DG, Downtown General/MSC, Main Street Center
East ParkingYUniversity Parking/UniversityBaptist Church DG, Downtown General
West Rail and Trail corridor/Residential RMF-40, Residential Multi-family
Proposal: The applicant requests vacation of utility easements as indicated on the attached
survey.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments and applicable franchise utilities, with no objections.
Mailing Address: Planning Commission
113 W. Mountain Street wwwfayet$evt0e�twgoW14
Fayetteville,AR 72701 Agenda Item 2
14-4816 Sterling Frisco
Page 1 of 18
UTILITIES RESPONSE
Cox Communications Any damage to or relocation of our existing
facilities will be at the owners/developers
expense. We have facilities buried in this
area in provided conduits. Anything in that
area must not be vacated.
AEP/SWEPCO No objections
Ozarks Electric No objections
Source Gas No objections
AT&T Damage to or the need to relocate AT&T
facilities will be the responsibility of the
property owner/developer.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No objections
Public Comment:
A neighboring property owner called to ask about the request, indicating that the documents she
received were illegible and that she could not evaluate the request.
Recommendation:
Staff recommends forwarding VAC 14-4816 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 be at the owner/developer's expense.
PLANNING COMMISSION ACTION: Required
Date: September 08, 2014 O Tabled O Forwarded O Denied
Motion: Second: Vote:
CITY COUNCIL ACTION: Required
Date: O Approved O Denied
BUDGET/STAFF IMPACT:
None
GAETC\Development Services Review\2014\Development Review\14-4740 VAC 514 W.MILK Blvd(Filbeck) Planning Commission
\03 Planning Commission\06-09-14\Comments and Redlines September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 2 of 18
Attachments:
Request Letter
Petition to Vacate
Utility Approvals
Easement Vacation Exhibit
One Mile Map
Close Up Map
G:VETMDevelopment Services Reviewt20141Development Review\14-4740 VAC 614W.MILK Blvd(Filbeck) Planning Commission
X03 Planning Commissionl06-09-144Comments and Redlines September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 3 of 18
MCCLELLAND 1810 N College
FayettMCF4ONSULTING Phone: le,
AR -2702
Phone:479-443-2377
ENGINEERS, INC. Fax:479-443-9241
To: The City of Fayetteville—Planning Staff
From: McClelland Consulting Engineers
Date: July 30,2014
Subject: Sterling Frisco easement Vacation
Please see the enclosed application for easement vacation. The affected area does not have an impact on any
existing or proposed utilities. This area was used for the construction of the sterling Frisco Apartment complex
with the intent of these easemetns being vacated. As you can see from the application, all utilities have reviewed
teh area and have no issues with the vacation.
Please contact me at any time to discuss any questions or concerns that you may have,
Sincerely,
Ryan Gill. P.E., McClelland Consulting Engineers, Inc.
1810 North College Avenue, Fayetteville,AR 72702
Phone:479-443-2377 Fax:479-443-9241
mill@mcclelland-engrs.com
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 4 of 18
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Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 5 of 18
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Planning commission
! idl 2 t i9 September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 6 of 18
PETITION TO VACATE EASEMENTS LOCATED ON TRACT 1 O THE LOT LINE ADJUSTMENT PLAT FOR
STERLING FRISO APARTMENTS AS RECORDED AS DOCUMENT#2014-11876
TO:The Fayetteville City Planning Commission and
The Fayetteville City Council
We,the undersigned, being all the owners of the real estate, being represented by the petitioner's
authorized agent, abutting the EASEMENTS hereinafter sought to be abandoned and vacated, lying in
TRACT 1 OF THE LOT LINE ADJUSTMENT PLAT FOR STERLING FRISCO APARTMENTS AS RECORDED AS
DOCUMENT#2014-1187,a municipal corporation, petition to vacate EASEMENTS which is described as
follows:
Permanent easement to be abandoned.
1) A permanent easement totaling 150 square feet with said easement being the same easement as
described on easement document number 2006-42294 as recorded in the office of the Circuit
Clerk and Ex-Officio recorder of Washington County,Arkansas.
2) A permanent easement as described in Book 1111 page 199 as recorded in the office of the Circuit
Clerk and Ex-Officio recorder of Washington County, Arkansas.
3) A Tree Preservation area being a part of Lot 4, Black S,of the County Court Addition to the City of
Fayetteville, as shown on the Easement Plat for Maple Street Apartment as recorded as
Plat 24A-000003, and said Tree Preservation area also being the same a described on the
attached "EXHIBIT A".
That the abutting real estate affected by said abandonment of the easement are TRACT 1 OF THE LOT
LINE ADJUSTMENT PLAT FOR STERLING FRISO APARTMENTS AS RECORDED AS DOCUMENT#2014-
11876 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 petitioner's authorized agent prays 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 authorized agent further prays that the above described real estate be vested in the
abutting property owners as provided by law.
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 7 of 18
WHEREFORE,the undersigned petitioner's authorized agent respectfully prays 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.
DatedthOQayo //Z 20— .
Printed Name (Authorized Agent)
Signature
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 8 of 18
UTILITY APPROVAL FORM
FOR RIGHT—OF—WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: 7-24-2014
UTILITY COMPANY: Ozarks Electric
APPLICANT NAME: Leslie Tabcr APPLICANTPHONE: 479-443-2377
870-715-9894 Cell
REQUESTED VACATION(applicant mast check all that apply):
c❑ Utility Easement (s)
❑ 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 Northwest of the intersection of Lafayette & West
❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEY)
UTILITY COMPANY COMMENTS:
® No objections to the vacation(s)described above,and no comments.
❑ 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:
au4IL 2&164L
K/gnati6ic ofUtili Company Representative
,LQad Starkinn Tarh
Title
December 1013
Page 5
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 9 of 18
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY:
APPLICANT NAME: Leslie Tabor APPLICANTPHONE: 479-443-2377
870-715-9894 Cell
REQUESTED VACATION(appllcrtut nrrrsf chock al!lhat npplv):
a] UtilityEasement (s)
❑ 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, righ"f-wgv),described as follows:
General location I Address Northwest of the intersection of Lafayette & West
C5fflLLJnI6 a-m., ;) 45 rf41-
❑ (ATTACH legal deseriprfon and graphir representation ajrPhar is being vacated-SUR VEY)
UTILITY COMPANY COMMENTS:
[ /No objections to the vacation(s)described above,and no comments.
❑ No objections to the vacarion(s)described above,provided following described easements are retained.
(State the location,dimensions,and purpose below.)
❑ No objections provided the following conditions are met:
i�atu=of y Cho pang Representative
�nl6yav�� 2'
Title
DMPMbc,-201.r
Ynge 5
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 10 of 18
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
pIUTILITY EASEMENT VACATIONS
DATE: a0l
UTILITY COMPANY: WATC-K
` A, EY — �
APPLICANT S/
NAME: Leslie Tabor APPLICANT PHONE: 479-443-2377
870-715-9894 Ce11
REQUESTED VACATION(applicant must check all that apply):
® Utility Easement (a)
❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-gray.
❑ Alley
❑ Street right-of-way
I have been notified of the petition to vacate the following(alley, easeatenr.right-of-wap),described as follows:
General location I Address Northwest of the intersection of La°ayette & West
❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s)described above,and no comments.
❑ No objections to the vacation(s)described above,provided following described easements are retained.
(State the location.dimensions,and purpose below.)
❑ No objections provided the following conditions are met:
Signature oftirHiTy Company 3 cprescuwocc
QOM 1010 y PxrmR
Title
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 11 of 18
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE:
UTILITY COMPANY: , -- -cv I 1( //��iv_$r4yi�.C.�r�yiryyc
APPLICANT NAME: Leslie 're or APPLICANTPHONE: 479-443-2377
870-715-9894 Cell
REQUESTED VACATION(applicant natst check all that apply):
® Utility Easement (e)
❑ Right-of-way for alley or sheets and nil 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 Northwest of the intersection of Lafayette & West
[I (ATTACH legal description andgraphic representation of what is being vacated SURVEY)
UTILITY COMPANY COMMENTS:
2 No objections to the vacation(s)described above,and no comments.
[] No objections to the vacation(s)described above,provided following described easements are retained.
(State the location,dimensions,and purpose below.)
C] No objections provided the following conditions are met:
Signature of l)tifl ('wgpany Itcprcaemaii./✓ -- - -
Title
December 2013
Page 5
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 12 of 18
UTILITY APPROVAL FORM
FOR RIGRT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: -X�- t/-+
UTILITYCOMPANY: C •- 1 - �K
APPLICANT NAME: Leslie Tabor_ APPLICANTPHONE: 475-443-2377
-- - 07d-715-9894 Cell
REQUESTED VACATION(applicant mast check all that apply):
Dj Utility Easement (a)
❑ 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 boon notified of the petition to vacate the following(alley,easement,right-of-way),described as follows:
General location/Address Northwest of the intersection of Lafayette & Nest
❑ (ATTACH legal description gndgrophic representation of what is being vacaged-SURVEY)
UTILITY COMPANY COMMENTS:
XNo objections to the vacations)described above,and no cotaments.
❑ No objections to the vacation(s)described above,provided following described casements are retained.
(State the location,dimensions,and purpose below.)
❑ No objections provided the following conditions are met:
Signature of utility Compafl y 12 yl0r rmntivc
Title
Uecemder 1013
pnae t
Planning Commission
- — - - - - _ -- -- - - September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 13 of 18
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: 4/30/2014
UTILITY COMPANY: COX Communications
APPLICANT NAME: Leslie Tabor APPLICANTPHONE: 479-443-2377
870-715-9894 Cell
REQUESTED VACATION(applicant must check all that apply):
® Utility Easement (a)
❑ Right-of-way for alley or streets and all utility casements located within the vacated right-of-way.
❑ Alley
❑ Street right-of-way
r have been notified of the petition to vacate the following(alley, easement,right-of-way),described as follows:
General location/Address Northwest of the intersection of Lafayette s: West
❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEY)
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s)described above,and no comments.
❑ 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:
Any damage to or relocation of our existing facilities will be at the ownersldevelapers expense.
We have facilites buried in this area in provicd l ondults-A nything in that area must not be vacated.
Signature ol'Utilily Company Wpm5untative
Construction Planner III NWA
Tide
December 2013
Page 5
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 14 of 18
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: 4/30/2014
UTILITY COMPANY; SourceGas
APPLICANT NAME: Leslie Tabor APPLICANTPHONE: 479-443-2377
870-715-9894 Cell
REQUESTED VACATION(applicant must check all that apply):
U) Utility Easement (a)
❑ 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 l Address Northwest of the intersection of Lafayette & West
❑ (ATTACH legal descrodon andgraphic representation of what is being vacated-SURVE19
UT=Y COMPANY COMMENTS:
M No objections to the vacation(s)described above,andno comments.
❑ No objections to the vacations)described above,provided following described easements are retained.
(State the location,dimensions,and purpose below.)
❑ No objections provided the following conditions are met:
e
Signature ofUtility Company fteprese ative /
s�U e'eL" rL- 67JE1/l(1 �IY�S�G+�!
Title
Deeembv 2013
Pagc 5
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 15 of 18
UTILITY APPROVAL FORM
FOR RIGHT-OF-WAV,ALLEY,AND
UTILITY EASEMENT VACATIONS
DATE: 04/9g/7014
UTILITY COMPANY: AT&T
APPLICANT NAME: Leslie Tabor APPLICANT PHONE: 479-443-2377
078-715-9894 Cell
REQUESTED VACATION(applicant most check all that apply):
x❑ Utility Easement (s)
❑ 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-wqv),described as follows:
General location/Address Northwest of the intersection of Lafayette & West
❑ (ATTACH legal description and graphic representation of what is being vacated-.SURVEY)
UTILITY COMPANY COMMENTS:
❑ No objections to the vacation(s)described above,and no comments.
❑ 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
Damage to or the need to relocate AT&T facilities will be the responsibility of
the property owner/developer
/tifert u�� Iff y Company Represcntalivc
L �
f Manager OSP Planning & Engineering Design
Title
Planning Commission
September 8,2014
Agenda Item 2
14-4816 Sterling Frisco
Page 16 of 18
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