The URL can be used to link to this page

Home My WebLink About2015-09-14 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting September 14, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the August 24, 2015 meeting. 2. VAC 15-5161: Vacation (2055 E. SIGNAL HILL DEPOT./BUTTERFIELD TRAIL VILLAGE, 175/214): Submitted by JOE PERME for property located at 2055 E. SIGNAL HILL DEPOT. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 2.37 acres. The request is to vacate a portion of a utility easement. Planner: Jesse Fulcher 3. VAC 15-5177: Vacation (1375 N. LEVERETT AVE./NOBLE OAKS APTS., 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1375 N. LEVERETT AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement. Planner: Quin Thompson 4. VAC 15-5178: Vacation (SW CORNER JOYCE & STEELE BLVDS./CMN LOTS 3 &4, 173): Submitted by JORGENSEN &ASSOCIATES, INC. for property located at SW CORNER JOYCE & STEELE BLVDS. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 14.03 acres. The request is to vacate a portion of a utility easement. Planner: Quin Thompson 5. VAC 15-5176: Vacation (MARK MILLS LANE/SUMMIT PLACE SD, 329): Submitted by BLEW & ASSOCIATES, INC. for properties located at MARK MILLS LANE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.06 acres. The request is to vacate a portion of a conservation easement. Planner: Andrew Garner Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. VAC 15-5157: Vacation (688 N. WHITHAM AVE./1ST WESTERN BANK, 444): Submitted by GENE BUESCHER. for properties located at 688 WHITHAM AVE. The properties are zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.08 acres. The request is to vacate an alley right-of-way. Planner: Jesse Fulcher 7. VAC 15-5087: Vacation (1005 E. ROCKWOOD TRAIL/L & F CONSTRUCTION, 447): Submitted by FRED PATRICK for property located at 1005 ROCKWOOD TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.02 acres. The request is to vacate an alley right-of-way. Planner: Quin Thompson Old Business 8. ADM 15-5124: Administrative Item (UDC Chapter 156/VARIANCES): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 156 for clarification to the commercial design standards variance requirement. Planner: Andrew Garner New Business 9. CUP 15-5175: Conditional Use (925 N. COLLEGE AVE./PRINCESS PARTY CREATIONS, 446): Submitted by AUTUMN MITCHELL for property located at 925 N. COLLEGE AVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.19 acres. The request is to allow Use Unit 4 (Cultural & Recreational Facilities). Planner: Jesse Fulcher 10. CUP 15-5108: Conditional Use (1923 E. JOYCE BLVD./BUTTERFIEILD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL, INC. for property located at 1923 E. JOYCE BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNIITS PER ACRE and contains approximately 14.96 acres. The request is to allow Use Unit 4 (Cultural & Recreational Facilities) to allow construction of a convocation center. Planner: Jesse Fulcher 11. LSD 15-5099: Large Scale Development (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL, INC. for property located at 1923 E. JOYCE BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, and contains approximately 14.96 acres. The request is for the addition of a 25,843 square foot convocation center. Planner: Jesse Fulcher 12. LSP 15-5164: Lot Split (JOHN GARRISON RD./GIBSON, 523): Submitted by BLEW & ASSOCIATES for property located S. OF JOHN GARRISON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 40.10 acres. The request is to split the property into 4 lots containing approximately 5.00, 5.00, 15.05 and 15.05 acres each and a variance to the street frontage requirements. Planner: Quin Thompson 13. LSD 15-5167: Large Scale Development (NE CORNER VAN ASCHE & STEELE BLVDS./WATERMARK RESIDENTIAL, 173): Submitted by CRAFTON TULL, INC.for properties located at NE CORNER OF VAN ASCHE & STEELE BLVDS. The properties are zoned C-3, CENTRAL COMMERCIAL, and contain approximately 17.70 acres. The request is for a 306 unit apartment complex with associated parking. Planner: Jesse Fulcher 2 14. RZN 15-5156: Rezone(1220W. CLEVELAND ST./EXPIRED PZD 12-4079, 443): Submitted by CITY STAFF for properties located at 1220 & 1226 W. CLEVELAND ST. AND 725, 727, & 805 HALL AVE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 2.61 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and P-1, INSTITUTIONAL. Planner: Jesse Fulcher 15. RZN 15-5165: Rezone (1118 S. DUNN AVE./PEARSON DEVELOPMENT, 562): Submitted by WILL SCHMIDT for property located at 1118 S. DUNN AVE. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.23 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. Planner: Quin Thompson 16. RZN 15-5179: Rezone (324 N. HORNSBY DR./MARKHAM HILL REZONE,482): Submitted by BRIAN REINDL for properties located at 324 & 334 N. HORNSBY DR AND 309, 325, & 333 N. SMITH RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.39 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION, and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Planner: Jesse Fulcher 17. RZN 15-5174: Rezone (S. END OF RUPPLE RD./STRIKER DEVELOPMENT, 478/479): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at SOUTHERN END OF RUPPLE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION, R-A, RESIDENTIAL AGRICULTURE, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, AND RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 101.50 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, CS, COMMUNITY SERVICES, R-A, RESIDENTIAL AGRICULTURE, AND RSF-4 RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Planner: Andrew Garner The following items have been approved administratively by staff: • FPL 15-5166: Final Plat (HWY 16 & ED EDWARDS RD./QUARRY TRACE SUBDIVISION, PH. II, 571): Submitted by CRAFTON TULL, INC. for properties located at HWY. 16 & ED EDWARDS RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 39.93 acres. The request is for final plat approval of a residential subdivision with 87 single family lots. Planner: Jesse Fulcher • FPL 15-5173: Final Plat (N. RAVEN & FEATHEROCK WAY/COBBLESTONE SD PH. IV, 207): Submitted by JORGENSEN &ASSOCIATES for properties located at N. RAVEN & FEATHEROCK WAY. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 8.92 acres. The request is for final plat approval of a residential subdivision with 33 single family lots. Planner: Quin Thompson Announcements 3 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 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. 4 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission August 24, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble—Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson —Staff Engineer, and Kit Williams—City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch 2. In Attendance: Sarah Bunch, Thomas Brown, Janet Selby, William Chesser, Tracy Hoskins, Ryan Noble, Matthew Hoffman, and Kyle Cook Absent: Ron Autry Staff: Andrew Garner, Jesse Fulcher, Corey Granderson, and Kit Williams 3. Consent Agenda: Approval of the minutes from the August 10, 2015 meeting. ADM 15-5180: Administrative Item (566 N. SALEM RD./THE VILLAS AT FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 566 N. SALEM RD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 24.43 acres. The request is for an extension to the original PPL 10-3629 to start construction. ADM 15-5158: Administrative Item (693 W. NORTH ST./NATURAL STATE SANDWICHES, 444): Submitted by AMBER CAFOUREK for property located at 693 W. NORTH ST. The property is zoned CS, COMMUNITY SERVICES and contains approximately 0.89 acres. The request is for a one year mobile vendor permit. ADM 15-5160: Administrative Item (2903 E. ZION RD./THE SOUP SHACK, 138): Submitted by CARIN EVANS for property located at 2903 E. ZION RD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.17 acres. The request is for a one year mobile vendor permit. ADM 15-5163: Administrative Item (542 W. DICKSON ST./YANCEY'S DICKSON STREET DOGS, 484): Submitted by CODY YANCEY for property located at 2903 E. ZION RD. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.57 acres. The request is for a one year mobile vendor permit. Mailing Address: Planning Commission 113 W. Mountain Street www.fayettM9ehi1. 15 Fayetteville,AR 72701 Agenda Item 08-24-2015 PC Minutes Page 1 of 9 Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission September 1422015 Agenda Item 1 08-24-2015 PC Minutes Page 2 of 9 4. Old Business: ADM 15-5124: Administrative Item (UDC Chapter 166/COMMERCIAL DESIGN STANDARDS): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 166 for a minor clarification to the commercial design standards. Andrew Garner, City Planning Director, gave the staff report. No public comment was presented. Commissioner Hoskins indicated that if this was on a corner lot situation that the applicant should have a primary entrance on both streets unless there was a hardship. I would not like to have the building with an entrance facing the corner. I thought we wanted to make the code more flexible to either have a second entrance or add additional features. Commissioner Brown asked about the last sentence reading should instead of shall. Kit Williams, City Attorney, discussed the difference between shall and should. Safety is the most important feature that should be considered but in some cases such as the Walmart Neighborhood Market there was not an entrance facing Hill Street because it was not visible. It was not a safety issue on Hill Avenue. Commissioner Hoffman agreed with what Hoskins was stating; that they should have entries on both principal facades while giving the commission an option to reduce the entries with additional design. He added that they should have entries on all primary streets. Commissioner Cook suggested to take out the word 'intersection' to address Tracy's comments about the corner entry. Commissioner Hoskins said that three different people have read this differently. He discussed the difference between shall and should. Aren't some of these major projects that do not come to the Planning Commission? The way that I read this is that they could have the primary entrance on the back and the 'shall' should stay in there.. Commissioner Chesser stated that maybe this item should be tabled. Motion: Commissioner Chesser made a motion to table ADM 15-5124 to the next meeting. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission September 1432015 Agenda Item 1 08-24-2015 PC Minutes Page 3 of 9 New Business: CCP 15-5142: Concurrent Plat (2300 MARK MILLS LN./SUMMIT PLACE SO, 329): Submitted by BLEW &ASSOCIATES, INC.for properties located at 2300 MARK MILLS LN. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 3.82 acres. The request is to re-plat 21 existing lots into 16 lots. Andrew Garner, City Planning Director, gave the staff report. Joseph Orr, applicant, was present for questions. No public comment was presented. Commissioner Selby asked if this subdivision started with larger lots. Commissioner Hoffman asked the applicant why we went back and forth with higher density and now we are backing off the density. Joseph Orr, applicant, indicated that the current owner was not the owner when it was platted with higher density. Commissioner Bunch discussed the history of this subdivision and the current demand for a little larger lots. I was in support of this because the infrastructure was already in place to handle this development. Motion: Commissioner Cook made a motion to approve CCP 15-5142 with conditions as recommended by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission September 1442015 Agenda Item 1 08-24-2015 PC Minutes Page 4 of 9 LSD 15-5068: Large Scale Development (820 W. MAPLE STJKAPPA ALPHA HOUSE, 444): Submitted by BATES & ASSOCIATES, INC. for property located at 820 W. MAPLE ST. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, and contains approximately 0.33 acres. The request is for construction of an approximately 16,000 square foot fraternity house with associated parking. Andrew Garner, City Planning Director, gave the staff report. Scott McClain was present for the applicant. Public Comment: Alan Ostner, represented St. Paul's Episcopal to the east. He discussed concerns with the proposed drainage concerns. We are here to listen. No more public comment was presented. Commissioner Selby discussed that this project will probably improve the existing drainage situation. Commissioner Bunch had the same feeling that there is a great chance the drainage will be improved. I understand why the property owner to the east is concerned. Commissioner Hoffman discussed that a lot of historic structures getting torn down is a little troubling to me. Commissioner Brown gave a Subdivision Committee meeting report. He mentioned the difference in land uses in the fraternity house and religious institution next door. Commissioner Bunch asked about drainage and stairwell. Corey Granderson, staff engineer, discussed the drainage. Garner discussed the stairwell. Scott McClain, applicant, also discussed the stairwell. Motion: Commissioner Hoskins made a motion to approve LSD 15-5068 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Hoffman voted `no'. Planning Commission September 1452015 Agenda Item 1 08-24-2015 PC Minutes Page 5 of 9 CUP 15-5159: Conditional Use (1225 S. SCHOOL AVE./SOTO GARAGE, 562): Submitted by GUSTAVO SOTO for property located at 1225 S. SCHOOL AVE.The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.40 acres. The request is for tire sales (Use Unit 17-Transportation Trades and Services) in a DG zoned lot. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Chuck Chadwick, representing owner, stated that Mr. Soto was agreeable to staff's conditions. He and his wife live in the house next door and are trying to be in compliance. Commissioner Chesser asked if the applicant can use the trailer for storage. Fulcher stated that they could, depending on where it's located. Commissioner Chesser asked staff to clarify the nonconforming use. Andrew Garner, City Planning Director, discussed staff's interpretation. Commissioner Chesser stated that he didn't agree with staff's interpretation. The use of the trailer seems to be the best solution. Commissioner Bunch asked if the trailer can remain. Garner that the trailer can be there, but the conditions require the tires to be stored under a building. Commissioner Hoskins asked staff why we were requiring a building. Fulcher stated that it was the applicant that requested the building. But it does help define the limits of storage and stay in compliance with the fire code. Commissioner Hoskins asked staff why we weren't requesting any site improvements. Fulcher stated that they addition of a carport did not warrant any site improvements. The applicant is here to request approval for his business. How the tires are stored is up to the Planning Commission. Kit Williams, City Attorney, stated that the Planning Commission isn't empowered to discuss staff's interpretation of Chapter 164. The applicant could have appealed that to the Board of Adjustment. Commissioner Hoskins asked the applicant why they wanted to build a building. Chadwick stated they will do whatever they need to do. They can move the trailer 25 feet back from all buildings and use it. Commissioner Hoskins stated that a new privacy fence would be better than a carport. Planning Commission September 1462015 Agenda Item 1 08-24-2015 PC Minutes Page 6 of 9 Chadwick stated that the long-term plan was to add onto the building. Commissioner Hoskins asked if the applicant felt the building gave him a better chance at being approved. Chadwick stated probably so. He wants to be in compliance. Commissioner Hoskins stated he would rather have a fence to screen the tires. Commissioner Bunch asked how tall. Commissioner Hoskins stated that tires shouldn't be seen above fence line. Chadwick stated that the trailer already costs him money to have on site. Tires won't be higher than the fence. Williams asked the applicant if they agreed with staff's recommendations. Chadwick stated yes. Williams stated that the building provides a delineated area for the tires. We can't be sure if the Fire Marshal would be agreeable to just a fence. Commissioner Chesser asked staff if the trailer was okay to use. Garner state yes. Commissioner Chesser asked the applicant if they would prefer the building. Chadwick stated they would prefer the trailer, since the building would have to be removed if they ever expand the building. Motion: Commissioner Chesser made a motion to approve CUP 15-5159, adding condition of approval #6 stating "in lieu of conditions #2, 3, and 4, if approved by the City Fire Marshal, the applicant may store items in a trailer on the property. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-1-0. Commissioner Hoskins voted `no'. Planning Commission September 1472015 Agenda Item 1 08-24-2015 PC Minutes Page 7 of 9 RZN 15-5149: Rezone (2975 OLD FARMINGTON RD./KING-SIEVERT, 558): Submitted by THE INFILL GROUP for properties located at 2975 OLD FARMINGTON RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.27 acres. The request is to rezone the properties to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Matthew Petty, applicant, had no further comment. Commissioner Chesser stated that the rezoning proposal fit in with surrounding land uses. Motion: Commissioner Chesser made a motion to forward RZN 15-5149 with a recommendation of approval. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission September 1482015 Agenda Item 1 08-24-2015 PC Minutes Page 8 of 9 RZN 15-5148: Rezone (402 E. 71" ST./NIEDERMAN, 524): Submitted by ZARA NIEDERMAN for property located at 402 E. 7T" ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Andrew Garner, City Planning Director, gave the staff report. Zara Niederman, applicant, was present for questions. No public comment was presented. Motion: Commissioner Hoffman made a motion to forward RZN 15-5148 with a recommendation of approval. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. S. Reports: No reports 6. Announcements: 7. Adjournment Time: 6:58 PM 8. Submitted by: City Planning Division Planning Commission September 1492015 Agenda Item 1 08-24-2015 PC Minutes Page 9 of 9 CITY OF ayev' le PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission rHRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner ^,EETING DATE: September 14, 2015 SUBJECT: VAC 15-5161: Vacation (2055 E. SIGNAL HILL DEPOT./BUTTERFIELD TRAIL VILLAGE, 175/214): Submitted by JOE PERME for property located at 2055 E. SIGNAL HILL DEPOT. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 2.37 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5161 with conditions of approval. BACKGROUND: Butterfield Trail Village Retirement Community is located at the southwest corner of Old Missouri Road and Joyce Boulevard and is zoned RMF-24. The community is comprised of approximately 350 residential units and many amenities, including a dining hall, general store, pool, flower gardens, and art studio for the community residents. Surrounding land use is listed in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North Office R-O South Mud Creek/Residential RSF-4 East Office/Golf Course R-O/R-A West Commercial C-1 Proposal: The applicant proposes to vacate a portion of an existing utility easement to allow for future development in the area. There are existing electrical lines within the easement that must be relocated and a new easement will need to be dedicated. AEP/SWEPCO has agreed to the relocation, provided the owner provides a new 20-foot utility easement and pays to relocate the line. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES RESPONSE Cox Communications No objections with conditions Mailing Address: Planning Commission 113 W. Mountain Street www.fa9@"WW-h+xJWJ5 Fayetteville, AR 72701 Agenda Item 2 15-5161 Butterfield Village Page 1 of 15 AEP/SWEPCO Dedicate and new 20-foot easement and pay for relocation. Source Gas No objections AT&T No objections Ozarks Electric No objections CITY OF FAYETTEVILLE RESPONSE Water/Sewer No objections Transportation No objections Solid Waste No objections RECOMMENDATION: Staff recommends forwarding VAC 15-5161 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission Action: ❑ Approved O Forwarded O Denied Meeting Date: September 14, 2015 Motion: Second: Vote: BUDGET/STAFF IMPACT: None. Attachments: • Cover Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close Up Map Planning Commission WETC\Development Services Review\2015\Development Review\15-5161 VAC(Butterfield September 14,2015 Trail)\03 Planning Commission\09-14-2015\Comments and Redlines Agenda Item 2 15-5161 Butterfield Village Page 2 of 15 Butterfield TRAIL VILLAGI rH.:fFEp F�aENV VATi 7/28/2015 Planning Commission and City Council Butterfield Trail Village wants to vacate and relocate the easement as shown on the attachment. By relocating the easement as shown we can position the future Village Homes facing Overland Loop and utilize out remaining building sites efficiently. This would allow us to build 4 more Village Homes with aesthetically pleasing placement and landscaping. It will Involve relocating the existing electric primary line into the new easement. We have already discussed this with SWEPCO and will begin as soon as the easement is approved. No other utilities will have to be moved. Any future utilities would go in the relocated easement. We have visited with each utility that might need access to the easement and they all have approved of the relocation. Thank you for considering this request. Joe Perme Director of Facility Service/Capital Projects Microsoft 1923 E. Joyce Blvd. I Fayetteville, AR 72703 (4/9) 442-7220 butterfieldtrailvillage.orq Planning Commission 15-5161 Butterfield Village Page 3 of 15 PETITION TO VACATE AN EASEMENT LOCATED IN LOT 19 BUTTERFIELD TRAIL VILLAGE,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 lot 19,Butterfield Trail Village,City of Fayetteville,Arkansas,a municipal corporation,petition to vacate an which is described as follows: A eu5�e�e LEGAL DESCRIPTION—PORTION OF EASEMENT TO BE VACATED(PLAT RECORD 17-46): PART OF THE NE 1/4 OF THE SW 1/4 OF SECTION 25,TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 25;THENCE S2°35'49"W 1531.34 FEET; THENCE N87°24'11"W 101.99 FEET TO THE POINT OF BEGINNING,SAID POINT BEING ON THE SOUTHEASTERLY LINE OF A 20 FOOT UTILITY EASEMENT AS SHOWN IN PLAT RECORD 17-46; THENCE LEAVING SAID SOUTHEASTERLY LINE N58°32'09"W 20.00 FEET TO THE SOUTHWESTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTHWESTERLY LINE N31°27'51"E 83.88 FEETTO THE NORTHWESTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID NORTHWESTERLY LINE N58°32'10"W 129.5715 FEETTO THE EAST LINE OF A PRIVATE STREETAND UTILITY EASEMENT KNOWN AS CUMBERLAND WAY AS SHOWN IN PLAT RECORD 17-46; THENCE ALONG SAID PRIVATE STREET AND UTILITY EASEMENT N22"14'21"E 20.26 FEET TO THE NORTHEASTERLY LINE OF A 20 FOOT UTILITY EASEMENT AS SHOWN IN PLAT RECORD 17-46; THENCE ALONG SAID NORTHEASTERLY LINE 558°32'10"E 152.82 FEETTO THE SOUTHEASTERLY LINE OF SAID 20 FOOT UTILITY EASEMENT; THENCE ALONG SAID SOUTHEASTERLY LINE 531°27'51"W 103.88 FEETTO THE POINT OF BEGINNING,CONTAINING 0.11 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are lots 19 and 20,Butterfield Trail Village, City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the - abandonment of the portion of the above described easement_ The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject,however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners respectfully pray that the goveming body of the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this I?— day of -T,„, 20/L_. Printed Name by 0-/1 w/ ? - - Signature Printed Name Signature Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 4 of 15 UTILITY APPROVAL FORM FOR RIGIIT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANT NAME: See Fatrt.+UG/ 13V{[tQ/ GIppPLfCANT PHONE:�III��9J"�� REQUESTED VACATION(applicant must check all that apply): u- Utility Easement 0 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 followin"g�(alley,jeasement,right-of-way),described as follows: General location I Address GVwt Ian[.{ (,t,)he ❑ (ATTACH legal description acrd 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 obectious provide!the Fo)towing conditions are mer. _f3u t'�r �atr� fU �Pl1[r a2 nel J 70' 6.(= tln Signatu f Utility(, to np y Rep ntative T Title December 1014 Page 5 Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 5 of 15 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: July 31, 2015 UTILITY COMPANY: Ozark Electric Cooperative APPLICANT NAME: Butterfield Trail APPLICANT PHONE: 479-409-1101 REQUESTED VACATION(applicant mast check all that apply): R Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: General location/Address 2055 E. Signal Hill Depot x (ATTACH legal description and graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: X 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: 4&g;4 W' gnat e of Utili Company Representative Lead Stakino Tech Title December 2014 Page 5 Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 6 of 15 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTTTiITY EASEMENT VACATIONS DATE! 05/18/2015 UTILITY COMPANY- AT&T APPLICANT NAKE. APPLICANT PIIONC_ REOUESTF.D VACATION(applicaar must check ull Phar apply); Utility Basement Right-of-way for alley or streers and all utility easements located within the vacated right-of way, .Alley Street right-or-way I have been notified of the petition to vacate the following(alley,easement,right 0J=1ww),described as follows: General location I Address (ATTdCH legal descripfiaa and graphic,reprecenrarian aj,vlrar is being vacaled-S(/RI'Pi* UTILITY COMPANY COMMUNTS: 'g No objections W the vacouion(s)described above,and no catnmencti. No Objections to the vacation(s)dcscrilscd abnve,provided following described easements are retained- (State the localion,dimensions.and purpose bciaw.) No obicelions provided the following conditions cue mer / Si-, m e f Urili YO inpany Reprosetltaiivc -- ( MGR OSP Ping & En r Design Tills llrrernm, roll Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 7 of 15 UTILITY APPROVAL CORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY BAIRPMEW VACATIONS DATE: 5/18/3015 UTILITY COMPANY: Cox Communications APPLICANT NAME: Butterfield Trail Villa?,;Joe Perm e APPLICANT PHONE: 479-695-8038 REDUESTED VACATION(appliednl m nst check a!1 rhal nppfy): Utility Easement Right-o£--way for alley or streets and ail utility casements Inested within the vacated right-of-way. Alley Street right-of-way T Unyv been notified of tho Petition to vacate the fbDowing(alley,ettsemmtt•right-af-way),described as follows: General loration 1 Address 20'UL"• alnn Si nal Hill 1]e of shown ou lat.'Co fie relocate as shown. Lt (ATTACH legal description and graphic reprasettlraioa of tviial It heiag vacated-STIR FE.Y) UTILITY COMPANY COMMENTS! No objections to the vacations)described above,and no comments. No objections to the vacation(s)desoribed above,Provided Following described easements are retained. (State the location,dimensions,and purpose below.) X No objections providod the following conditions are net, Any arna C W pr relocation of our existillA locihties will he at the ownersMevelo ers expense. Signature of Utility Company Reprmentativc 'L)YV.5 W(/C i/OA/ Title Uecen:ber 2nl! Piye S Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 8 of 15 LITILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 05/18/2015 UTILITYCOiv1PANY: SourceGas APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION(applicant must check all that apply): Utility Basemen Right-of-way for alley or streets and all utility casements 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 1 Address LI (4MCHlegal description andgraphic represenimiion of what Ir being vacatedSURPE19 UTILITY COMPANY CO.�IENTS: X No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described casements are retaired. (State the location,dimensions,and purpose below,) No objections provided the following conditions arc met: Signaua�ofUtility Company Reprep nwtivc v- •w�3+ic - �ir�ii..� UIQ d7"ronf' Title Uecvn 6� ?ll4 Prge 5 Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 9 of 15 UTILITY APPROVAL FORM FOR RIGHT-Or-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITYOC MPANY: �.�-Y 0 �w G�'{fVjC S0l,J I"$-(C APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION(applicant must check all that apply): 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 thefollowing(alley,easement,right-of-way),described as follows: General location/Address TrA,ij , ❑ (ATTACH legal description andgraphic representation of what is being vaeared-SURYEY) UTILITY COMPANY COMMENTS: Y No objections to the vacation(s)described above.and no comments. No objections to the vacation(.)described above,provided following described casements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: Sip :nurc 01,1110ily Company Representative w. fr Sa[mss R rifle PnXP S Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 10 of 15 1MLITV APPROVAL VORIVI FOR RIGHT-OF-WAY,ALLEY,AND UTILITY rASEM ENT V ALAI IONS UTILITYCOMPANY: C,ALi ('t =iw t.�r: .d.lf( fll-rtS(f�Gf �n �,p., APPLICANT NAMG: )y.e 1��-e_h..r __ _.,A1'PL[CANT PIiONIi: �• / `:7S_ `•j0.ii IICQ[,ILSTHU VACA9'ION(ryrpGetrut nuevr chinch a!1 U�ur u!'YIYF Uti]ily Emcment Bight-of-Way fax alley orstrects and all wility easements located within-the vxemed right-of-way. Alley Sweet right-of-way I have been notil ied of the petition m v,mata the(alEmving(rrlluy,eneomenr,rigln-of ivay),Jcsu•ibcd as follows: General location l Address l l (R TTACH lcgaf description med graphic rrprrcrrnrnrinn r f wirer is beiva•vncrued-SURYEY) 11TILITY COMPANY COMMfiN);S: No objections to dte vacations)described above,and no comments. No objections to(he vacations)described above,Provided following described easements are retained, (Stale tlm location,dimensions,end purpose below.) No objnaions pnrvidod the fbllowing cmrditious arcFR incl: Siglan u c o67 tilily Company Rcprescunn'rvc /r ,�{ ) ,n V4'r,•C',Pr1' h�r.k., 0)j.11-rrr ri,'t Tllle lro-�,uhvr 1nl J pgyl f Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 11 of 15 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: 13 J 1U L 1V 1015 1t c rtff ,} �.I dt p UTILITY COMPANY: C aC7yQerr_ _FAV , f y ILII- W M-VER APPLICANT NAME: 16E I G9)4 E_,_ _ APPLICANT PHONE; REQUESTED VACATION(upplicant must check all that apply): Y Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Alley Street right-of-way I have been notified of the petition to vacate the following(alley, easement,right-of--way),described as follows: General location I Address 9►M17t f iELD_ '�.. V[LL AGE - byc BLVD_ Cl (ATTACH legal description and graphic representation of what is being vacated-SURVF.f) UTILITY COMPANY COMMENTS Y 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: Signa ue of Utility Company Representative L ILTIre Title Doren,br 2014 PGKr 5 Planning Commission September 14,2015 Agenda Item 2 15-5161 Butterfield Village Page 12 of 15 EXHIBIT 1 20' UTILITY EAZENT NE CORNER SPRINKLE VALVE�+�, - 04AT RECORD 17-461 SE 1/41 1/4 D SECTION 25 -4:4 \ N22°14 21'E 2Q26' T-17-N, R-30-W ��_ PER PIAT 17-48) ��tiSOHy EASEMENT AREA TO BE VACATED SPAKLER VFLVE P" �•� S58° 32' 127 15.1Y Jai• •N 4� MAPLE ` "`CCC343° 33' 08'E 30.95' \ \•� / � ell II � 1� A.1 BURDINc AL }Z � ` \' v J %i;2&ENT Posm 'pQ \•00. P.O.B. VACATI AREA SPRINKLER VALVE Tqt nIR 1487124' 11'W 101.99' N58° 32' O9'W -k20.00' 5316 27' 51'W 20.00' CURVE TABLE M1CURVE P LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH e^ 01 68.54' 176.60' 2244'18' N356 19' 41'E 68.11' dy GRAPHIC SCALE IN FEET C2 5242' 191.60' 15°40'34' S32° 37 04-W v 52.2x' 30' 0 30' 901 nL 471h St,Suite 200 L Ak,o 9"12756 Crafton Tull utiW ® archAecl�mla.rlin°arna l:,,,..Py;rg UAAww°r- MIS sym: v CKM 479.636.4&'81 P4anvhyj3omr ISSIon 13104003 KM 06/17/2015 1 OF 7 •_ -_- 1aww6*eipyggN14, 015 Agenda Item 2 15-5161 Butterfield Village Page 13 of 15 VAC15-5161 BUTTERFIELD TRAIL VILLAGE One Mile View n c-t R-O ~ SUBJECT PROPERTY i � Legend ' p..uurvwu f%= rk it ce Trail 5-5161 Overview Legend Hillsde-Hilltop Overlay District - •�-�•'� , i Desi jn Overlay District Subject Property L_.....: Boundary Plan iing Area �•Z• Faye tteville � . 0 0.25 0.5 1 Mles Planning Commis ion Spl2tember 14.2Q 5 Agenda Item 2 15-5161 Butterfield Village Page 14 of 15 VAC 15-5161 BUTTERFIELD TRAIL VILLAGE Close Up View I •1947 RgRGORp II 1 �4 r SUBJECT PROPERTY RMF.21 N - Ir - O Ir _ I i • I Id%Jc I l•L Z� I ! - i S !lll- II t- a„ r .I .. , tIN Legend I Shared-Use Paved Trail •••••• Neighborhood/ParkTraiksF-4 -- - Natural Surface Trail l VAC15-5161 �eeP1Wayetteville City Limits Footprints 2010 Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict 0 ------ Planning Area 75 150 300 450 600Feet Planning Commission September 14,2015 15-5161 Butterfield Village Page 15 of 15 CITY OF • aye PLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: September 14, 2015 SUBJECT: VAC 15-5177: Vacation (1375 N. LEVERETT AVE./NOBLE OAKS APTS., 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1375 N. LEVERETT AVE. The property is zoned RMF- 24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5177 with conditions of approval. BACKGROUND: The property is located west of LeverettAvenue and contains the Noble Oaks apartment complex. The surrounding zoning and land uses are depicted in Table 1. Table 1 -Surroun Ing ZonlnA and Land Use Direction Land Use Zoning from Site North Multi-family Residential RMF-24 South Multi-family Residential RMF-24 East Multi-family Residential RMF-24 West Multi-family Residential RMF-24 Proposal: The applicant proposes vacation of a portion of platted utility easement containing approximately 2,753 square feet to allow development of an apartment in this area. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: UTILITIES RESPONSE Cox Communications No objections with conditions AEP/SWEPCO No objections with conditions Source Gas No objections Mailing Address: Planning Commission 113 W. Mountain Street wwwfayettER0(Ptab9o1K 2015 Fayetteville, AR 72701 Agenda Item 3 15-5177 Noble Oaks Page 1 of 16 AT&T No objections with conditions Ozarks Electric No objections CITY OF FAYETTEVILLE RESPONSE Water/Sewer No Response Trash & Recycling N/A Transportation No objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding CCP 15-5177 with the following conditions: Conditions of Approval: 1. Water and Sewer department approval must be provided prior to the item being placed on the City Council agenda 2. Existing utilities are required to be relocated and new easement dedicated as required by the franchise utilities prior to this vacation taking effect. 3. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission Action: ❑ Approved ❑ Forwarded ❑ Denied Meeting Date: September 14, 2015 Motion: Second: Vote: BUDGET/STAFF IMPACT: None. Attachments: • Petition to Vacate • Adjacent landowners approval • Utility Approvals • Easement Vacation Exhibit Planning Commission GAETC\Development Services Review\2015\Development Review\15-5177 VAC 1375 N.Leverett September 3 2015 Ave(Noble Oaks A ts)\03 Planning Commission\09-14-2015\Comments and Redlines Agenda Item 3 P g 15-5177 Noble Oaks Page 2 of 16