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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 rm...w 1 fi.A%YfXYTlMiIAiA„ u� P �L `•1 u�w r_w rri.n 31tl 1i1QiltlONi � SlN3Y118YdY O�FIYi 0N11Na.L5 yp 4 m�mma,w � ao.YanwLs res�rlvna -- �� P 9 1 � �. 1•y} I Iiyt4t�II, 11 i r i L: jl.i .Y i. i f � f Jr i `ilqq�l�i1` 'i � - . 1 It 1 ! ! I9t - � 3 �S j i a �9 i ��fiil•�{fi' 9 I 1 � ,/ 1 �C 1J !1 J 1 #, 111i 1 1- pl •Jr, �� atli � �i1 ; L � � i ��, i! •�II �` :� IS �� 1�1 �!� ; � i MIA I�_ , , ; •sr � !, 1: 14 E l i 1 a i 1 l i IIP 1 J I !$ S ..1. EI z it��JE( a E� 1� I {- 1 i 11 li 1{�. . Il I�1•°9 --j— ' i Ed daY,P 1�J J t 1•f 1 li? 1 ] Fla = J' ` 7e 31 a c F 3 ! 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I f I I . � li •�=..ice ae � �I�ggp § � I i i �a I E E al 14i IT 1,�i11 ! v Iee1.•.zl4e<.,.m®o �„ � ''1R Y11 I! •114 El MO 1.14-1414 9111114 914 1114 1114 Illi 111 111 li1194 Planning Commission September 8,2014 Agenda Item 2 14-4816 Sterling Frisco Page 5 of 18 I— j +»1:1111=f t as r f�-j asasaaasa. x rt k�-x A q rAW2 Ts fe1t�a�1,/'F[9� � +:1i����, ;f " 411x1{1t: � � ans i aw I i eaw 1 0, e 1 S � 1 xw i as 9 r `�1 Fw 1 Jt ••31 w 1 Za ly I N !J Hit Ga asp; e , Et � 9t des �t to 13 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 rrx TFI,7- 7 1I .f• T / r + t � �— ,177 f ' • — R - ...1�� 1� — i +IJ111 k , t ,rc�.lC� �� �le .• f v a ,r -8 9- •� - t �,77 '• it 1 � y �r I: • Legend .. • ■ ■- Overlay District Subject Property Boundary Plartling Area 1 0.25 1 1 .