HomeMy WebLinkAbout2004-04-12 - Agendas - Final FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS 125Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday April 12,2004 at 5:30 p.m.
in the City Administration Building, 113 West Mountain Street,Room 219,Fayetteville,Arkansas.
Roll Call
The following items will be considered:
Consent Agenda:
Approval of minutes from the March 22,2004 meeting.
1. VAC 04-08.00: Vacation(Lot 17 CMN H,pp 173/174)was submitted by James Koch of CEI
Engineering on behalf of Nanchar Inc. and MSB Properties,LLC for property located in Lot 17
of CMN H Business Park. The property is zoned C-2,Thoroughfare Commercial. The request
is to vacate a portion of a utility easement due to a replat of the lot. Planner: Jeremy Pate
2. VAC 04-04.00: Vacation (Clary/Harps,pp 401)was submitted by Brian Moore of Engineering
Services,Inc. on behalf of Clary Development for property located east of Colorado Drive and
north of Wedington Drive. The property is zoned C-2,Thoroughfare Commercial,and contains
approximately 4.61 acres. The request is to vacate a 35' drainage easement.Planner: Suzanne
Morgan
3. VAC 04-05.00: Vacation(Clary/Harps,pp 401)was submitted by Brian Moore of Engineering
Services,Inc. on behalf of Clary Development for property located east of Colorado Drive and
north of Wedington Drive. The property is zoned C-2, Thoroughfare Commercial,and contains
approximately 4.61 acres. The request is to vacate a portion of a 20' utility easement. Planner:
Suzanne Morgan
4. VAC 04-07.00: Vacation(Woodall/Douglas Street,pp 444) was submitted by Josef Woodall
of New Millennium Construction&Development on behalf of David Kyle and Cynthia Nielsen
of C.Y.N.LLC for property located between Lots 3,4,5, and 14 of the Archias-Bushnell
Addition of the City of Fayetteville. Planner: Jeremy Pate
New Business: _
5. LSD 04-11.00: Large Scale Development(Hank's Furniture,pp 135)was submitted by Ron
Homeyer of Civil Engineering, Inc. on behalf of Hank's Furniture for property located at Lot 3B
of Spring Park Place,Phase I(Joyce Blvd just east of Mall Avenue.) The property is zoned C-2,
Thoroughfare Commercial,and contains approximately 2.04 acres. The request is to allow the
development of a 40,850 s.f.retail store with 58 parking spaces proposed. Planner: Jeremy Pate
6. LSD 04-10.00: Large Scale Development(Lindsey Office Building,pp 174)was submitted by
Crafton,Tull&Associates,Inc. on behalf of Lindsey Management Company for property
located on the northeast corner of Joyce Blvd. and Stearns Street. The property is zoned C-2,
Thoroughfare Commercial, and contains approximately 5.86 acres. The request is to allow
development of an 82,420 s.f. office building with 275 parking spaces proposed.Planner: Jeremy
Pate
7. PPL 04-05.00: Preliminary Plat(Deerpath Estates Ph. 2,pp 488)was submitted by
Project Design Consultants, Inc. on behalf of SCB, LLC for property located east of
Crossover Road and north of Deerpath Drive. The property is zoned RSF-4,Residential
Single-family, 4 units per acre, and contains approximately 9.13 acres. The request is to
approve the development of another phase of this subdivision with 16 single-family lots
proposed. Planner: Suzanne Morgan
8. PPL 04-01.00: Preliminary Plat(Bridgeport Phase 7 & 8,pp 360)was submitted by
Geoffrey Bates of Keystone Consultants,.Inc. on behalf of Arkansas Oaks for property
located east of Bridgeport Subdivision Phase III and Freedom Place. The property is zoned
RSF-4,Residential Single-family,4 units per acre, and contains approximately 17.4 acres.
The request is to approve the development of Phase 7& 8 of this subdivision with 24 single-
family lots proposed. Planner: Suzanne Morgan
9. ANX 04-05.00: Annexation (Harper/Brandon, pp 61)was submitted by Michelle
Harrington of Harrington, Miller,Neihouse &Krug,P.A. on behalf of Craig and Karyn
Harper and Gary Brandon for property located at Albright Road and George Anderson Road.
The property is in the Planning Area and contains approximately 9.99 acres. The request is
to annex the subject property into the City of Fayetteville. Planner: Suzanne Morgan
10. RZN 04-04.00: Rezoning (Harper/Brandon, pp 61)was submitted by Michelle Harrington
of Harrington, Miller,Neihouse &Krug, P.A. on behalf of Craig and Karyn Harper and
Gary Brandon for property located at Albright Road and George Anderson Road. The
property is zoned R-A,Residential Agricultural and contains approximately 9.99 acres. The
request is to rezone the subject property to RSF-4,Residential Single-family,4 units per
acre. Planner: Suzanne Morgan
11. RZN 04-06.00: Rezoning (The Crowne, pp 559)was submitted by Crafton, Tull &
Associates,Inc. on behalf of LEC Properties for property located at the southeast corner of
15th Street and Beechwood Avenue, north of 18th Street. The property is currently zoned I-1,
Heavy Commercial, Light Industrial, and contains approximately 10.93 acres. The request
is to rezone the subject property to RMF-12, Residential Multi-family, 12 units per acre.
Planner: Jeremy Pate
12. RZN 04-05.00: Rezoning (Rasberry/JordanBenton, pp 366)was submitted by Jorgensen
&Associates on behalf of Rasberry Properties for Murray Jordan and Helen Benton for
property located at 1841 N. Leverett Avenue. The property is currently zoned RSF-4,
Residential Single-family,4 units per acre and contains approximately 1.89 acres. The
request is to rezone the subject property to RMF-24,Residential Multi-family, 24 units per
acre.Planner: Jeremy Pate
14. I-PZD 04-05.00: Industrial Planned Zoning District(Wal-Mart Optical Lab/Hwy
62W, pp 559)was submitted by Todd Jacobs of CEI Engineering Associates, Inc. on behalf
of Wal-Mart Stores, Inc. for property located at 2314 W 6th Street. The property is zoned C-
2, Thoroughfare Commercial, and is in the Design Overlay District. The request is to rezone
the subject property to an I-PZD, Industrial Planned Zoning District,to allow a 979 sq.ft.
addition to the Optical Lab building and revise the on-site parking.Planner:Jeremy Pate
15. ADM 04-11.00: UDC Ch. 172: Parking and Loading(Outdoor patios/dining)Planner:
Tim Conklin
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments 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. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice is required.
For further infamration or to request an interpreter,please call 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chairman
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. Response by Applicant/Questions & Answer with Commission
F. Action of Planning Commission(Discussion&Vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item raise your hand when
the Chairman asks for public comment. He will do this after he has given Planning
Commission members the opportunity to speak and before a final vote is taken. Public
comment will only be permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give
your name and address. Address your comments to the Chairman, who is the presiding
officer. He will direct them to the appropriate appointed official, staff member 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.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions
of the Planning Commission.
2004 Planning Commissioners
Nancy Allen
Jill Anthes
Candy Clark
James Graves
Christine Myres
_Alan Ostner_
Loren Shackelford
Sean Trumbo
Christian Vaught
FAYETTEVILLE PC Meeting of April 12, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
TIIRU: Dawn Warrick,AICP. Zoning&Development Administrator
FROM: Jeremy Pate, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: April 07,2004
VAC 04-08.00: Vacation (Lot 17 CMN 11, pp 173/14) was submitted by James Koch of CEI
Engineering Associates,Inc for property located at Lot 17 of CMN Business Park H. The property is
zoned C-2,thoroughfare commercial. The request is to vacate a 20' utility easement.
Planner: Jeremy Pate
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage easement vacation.
Background: A 20' utility easement was dedicated along a proposed lot line between lots 17E
and 17F in Lot 17 of CMN Business Park IL The applicant recorded this easement with an
easement plat,then requested an adjustment to the lot lines to better facilitate development on the
subject lots.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
Cox Communications No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer See Conditions of Approval
April 12,2004
Planning Commission
VAC 04-08.00(Lot 17 CMN)
Page 1.1
Transportation See Conditions of Approval
Solid Waste No Objections
Engineering No Objections
Recommendation: Approval of the proposed easement vacation 04-08.00 subject to the
following conditions:
Conditions of Approval:
1. A new 20' utility easement shall be dedicated along the new lot line between lots
17E and 17F.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: April 12,2004
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: April 20,2004
April 12,2004
Planning Commission
VAC 04-08.00(Lot 17 CMN)
Page 1.2
Petition to relocate easements t aiously conveyed by easement plat ah J the common boundary for
Lot 17E and Lot 17F in the Steele Crossing Subdivision at the cul-de-sac of Van Asche Drive East,
Washington County, 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 for said easement, situated on the common
boundary for Lot 17E and Lot 17F,Washington County, City of Fayetteville, Arkansas, a municipal
corporation, petition to relocate the previously dedicated easements as depicted in the attached exhibits.
Exhibit"A"depicts the current easements and Exhibit"B"depicts the proposed adjustment:
(Please see last sheet of this petition for graphical representation of proposed adjustments)
That the abutting real estate affected by said abandonment of the easements are Lot 17E, Lot 17F in the
Steele Crossing Subdivision,Washington County, City of Fayetteville, Arkansas, and that the public interest
and welfare would not be adversely affected by the adjustment of the easements depicted.
The petitioners pray that the City of Fayetteville, Arkansas, allow the requested adjustments to said
easements location for the above described real estate and that the above described real estate be used
for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above-described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate 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 the said existing
easements on the existing common boundary between Lot 17E and Lot 17F and allow the proposed common
boundary for Lot 17E and Lot 17F to convey the same easements hereto.
Dated this 10th day of March 2004.
Nanctiar, Inc. - By: Charlotte Steele, Secretary
Printed name
Signature
MSB Properties, LLC - By: Marjorie S. Brooks, Manager
Printed name
Signa rqf
��,r-- Air1122
.,a,....: �.� 004
Planning Commission
04-08.?Q l�of 17 CMN)
Page 1.3
Van Asche Phase II
March 8,2004
Page 2
Exhibit"A"
60 \ \ 20' UNITY EASEMENT
/ I �
�30 L37DEO/CA 7E0 BY THIS PLAT
— ,
E //////� C8, _— L29 ti$ ,
702osemen3-OOOQ0052 C7 L24 � '— -------_ V
)) L25 526
I N883027W
313.67
30' UTILITY EASEMENT
DEDICATED BY-THIS PLAT
26' SHARED ACCESS
9 \ DEDICATED BY THIS PLAT
20' UTILITY MEN7
DEDICATED B
THIS PLA T
/V 50"Building
Setbock Line
�17D
�9
9R' cumcn n.�nmc � �.1
Exhibit"B"
BASEMENT /f\ �, 26' SHARED ACCESS yti'
_ LK LL / �9\
30 OED/CA TED BY THIS PLAT
E c77 C70 \\ /
Il L43 [3/ 530 20' UTILITY EASEMENT ,
dscope Eosemen//////� CB DED/GATED BY THIS PLAT
W //002,3-000 0062 C7 L42� L24 \ /
)) L25\ \
7
17E \\ \\
10
E
OQD 4) ASEMEN T
30' UT/CITY E
\V DEDICATED BY TH/S PLAT
\ �\ 26' SHARED ACCESS
A DEDICATED BY THIS PLAT �0 0
20' UTILITY EASEMENT
DE /C4 TED BY
AT
P
SO"Building
/ S (bock Line !mss\ \\
\\\ \ \ \ 1h1� s,: v
17D \\ tip April 12,2004
c5 \ 9 ,,AaPlanningt,,OAmission
VAC 04-08.00(Lot 17 CMN)
" 4.3 Pale 1.4
.'�px k`h'w,T fi+�> v.N"✓[�zal� �«�` � f.Yz^�nf�' R"�'4 c4���E'�.�y'xY, r L"c rr � .
rsv "as h `� �� `p3m�A s* ✓rrx>?di'�3i,:` 'tN'F^mss^ � � ra'N {J d� x'"'•f -��
:-t-
�a�S 3 k.'!`s ,* b""✓' � -,a,'�� '�'✓3r��r-hy.t ro<' } x x. �- +" kvi51z y §✓ / a'"4E'Y4,.
t v�f 3 � ' �+�,}�h 1C�;u`��3�">,rm�'s : t.�'y'=�-� r£y ��"'�xy,+G ' -azz rzr 'f��✓x3
,�?2P.,.�,?+ i{. °^t'L51: L' 'pz k` P $�s5''f Jr`� �" k,4 -Fs .r�' x -t �xk v,JG '3r fgii 1'gr ✓F,.an r
? {� rtkC 3' 6k .'.•r lu�ke P C 2 i h'kr S °`il #�'+. �.u t i "�
y�+v'' R.,a�k R � ��'�t#' ��,1. ey^`�`'4�J Fr}'�s(�i-k�'r' y '^S Y rs xi�j �;vrr✓ YFs° 'e' k `". 1'- P i✓
F ^^ rr,x ,€ , �?'>, *� -'m i 'y kl R .5 �r -F%..- =Apt",w' J" ✓G< r f ��
i a F Y
w>vr�tiq �� [e rs- L 6a"r FC1L 'o-�' '` 1"€ �S dr vaa c ✓��r n aX y � r �. # _ r
�,f.nr�FxSi` ��' *� +� "^ 4� ZF- `NF`y s�SmJ �fi.Y a aJ ,k ti• �'*7r" a�a=�`�`lbfix��3 R^� C r +� i
'�t�fir✓ ,r ur r�i�sa`€v .i���'�' .z,. �Ltkr.i�', ,yt' .��� r ks�,��'�xr�.k"?`�> mzt,-z e�u � �y��.
sa3��. ��sk�,t m ✓ a'Y`a,.,, ��,25F"�'��� �?f�5�' x � ,�`'�`'.? 'r'n ss�>Iy�a5 ez" �� e x�� x
��� �s x e m€€-s'"" "r�"�b F r'T`,r<�''z -33r3t.�x ✓d 4 c d }¢- r tt� �, ..'kEz �'+' � >� -,k'`
� �2"X`t�3�?•'zvi �e •:'r�trst ry "��µ,`;�.k7ty�'�P^�x��y e� Fre a 3� rf�tu r���:J
.x two � R c»'"`; ry &za"Ds �,yaarr,yPT w. Y' 4^✓N � xs-„ ,x- c?" I1 ..'�"' �..�'^ $"., a at r t*r:3, -�
a' s ag?�:,�'�'�,'�,. .-,. Y s+��, f��w' T.�, Y rac ..,;'�, g �' a >z'..- /� �� A�2x£q;�r•rej r s x,
t 4 u�.>zLsSv .:Y.. z a Y k'�`tyif`,u^' k y.0 ✓.�' s r ;r ,as x" `t`.-�x;s g,�`�€.C�:� 6!%'€ �� i t N�.
�"� �C �'�,^6><k�,�;�r� -n�3, 4� �,rw' r ���rx�c" � "�� "y`F a'�"` v,? � � ,�, s"� � 'F�'•�' ' ��,�,.�t'' i.
u�"""r.Y �,;✓i a 3" 2'e.1h �.f 3P s' i .,�-dnt. n �.0 S`vi'Z ..rwb ';�1��Y � �`Kd" �ritif"` lY• i x ai.�� r3`rF:
.,�w, .� "•� f� '�^�`� ,. a �ur�- -r�r,.x--,x� .��`r� 1"sx�'`� "�, "�`#*�' Ps a'�'T'r'zur�S, �r>i .,
y u � Y ,x"�'>_y kr"-`�,1�s�i. �`ti"Y`d,};'a>'"�'2`c.3 var7 •*. r "` k.Y -��'Y Cr a tri.*�w�3�`i'�'�'{!, G :jR'd < 'F"��"�{'"'.zu''.
.� xY' � '} r..:v i*�ez fi^ k' n a-- e`wr ep�-> � r*� �'mEt a� 4^a�`Y w'a R:sS le-."c�t'P'. Usf ?yA� .a-��s a Sd �'x�"s•
;�3 '�§ !x s sY^ 'p sn4 v.,'+� �'�^"'">? # t-�:✓"�✓ .� 3-✓R �y`!fi a af` rc a, r'�E� f E '�'�aa?2y, '�% d` ��
r £s �1 �.+y,� 3, ,"W 4 r �,`as�•'ri'uG.e. "svpz�`* lR (r A � y.,32 4�-;;'3'�1�a�nFZ 3 fl1"YY�U'S"1 x�#"�a �N^ +,� � `�'�+ ��,.
�i`t < S^ `u'f'u+`xk'sruk' i.�a sa✓^r 'Y w'��`' '"' Smo- � 't'rx` Y: ,,Nfi t"t�3'r ?'a 's k� p + <4+Far}4 � s �t§' Ty a,Sr s,?xy:, °c
y,¢ :� t ":'xeN"�f 4�u 5 p�'h�Y,j i"§�=554 � arar�^1* kr��✓ rS�M`..... .°41Y'� 'r..n �i^u Lr.l YP 4..45fi5 t 2^,"ir^ N.`vg s;m ier +
�.., t p v >#��4+ r��..r y.�ha � afv`z <X,,;xYs.+'xJ raGi~�.-C`'�h*:S ns2�b° f I F5+„`,✓v."`nr� +x5� �c #�k�. t'4dsR�` ,r'k�'^":�'+J���Nr �`�`�4'++`✓3Fc fR^"} v,y
y: r �'G� .;art*-,� �'M� r.YxP� 5p� �:n ',�'L.'ina'>}:�"-� f�f ✓"32�s Y` w, t ��5 �7tu3 z`ts1 E'er. F�5 �d 5>f.,t� .�4'a"sxz`,vr23I �;� t�.:
as °r k '. wa.,r �' `f'�*xn+x,_=§w � ^,"'� v£'s.5,€ 'M. ,j.. z�s.r�E'n�,zf-"�u' Y 4#" '�� '✓2 '$�? d->,a4,y✓r�-," s-:- 3.1* .€ vs�+�€^',< rr��,s
� jar»r 'N' eay'S Fq _S�g r..n'a .,,v y ✓s�� ti..t ! `�€ ✓s; ^�'Nr'r `fe y�riS��.n7i' � � �,a 'x�" �`$g� Ly&�,`
� ..� `Y '; '�S.�E•� �� .ei "��"t� ':f ��' ^.i;5 "iir��'t#w.3a«^ #" i�kY�',� ��nj �k y�^..r��t�A� ,� f y.�"+'�,�q, �»s rFbr k^ s
,;5 a �s?a 5 '�r' r � .c�q,� � c 3 z"��, * �• ��zr�'�cx�' �. i+ �?'-J?,^,� + c'
a h 1"'S:fi'"r'F�avvr 4 ���" x� �'^'cv,". 5`..�� ,'}s"zs`� Yt s ss4'J'N€ {zy x• .y ��� =.
y'✓' ,,,n J �f � s� it, �'aRrl. ,�Z}r ,v. �� „s, ,m:i,^'v' �„� ys.. t4Y �,, £` d,;?. xr ,,33a 5'�xC{,ka$y w
c{ 'F,✓�'e�.11fat't§ .�''_� `� '���4wtzrxir"ky*' u�:+fAd �t.;:p:m- � ?�'N'rr"� �y�.s�r4+w v'Xr...3/ �"a'x�'+._��rY' r d s
�::. t � f,av:�' Y.(yr' N r�`�`i,..x's y, ✓ic�gY*a.�rr-N,^ �� A� .�7 ��'zx�,'}�.na� .��";�,€'`�l£rti^ S�u��$��s��i3"yv 's��r'�s�' ?.`�'Y€f�' g ''� e�"^..�-
2 v:`SC� �� r ebu�� R�x$i�S Y4Yi r �` aN#" ✓:9 "W��€��``�"n+ [<� xr- fRF„'y�Lc' ^� '�h��%s' � ins FwC si'k�a- ,�*i
�` �e � � ,✓�', s�' , ra m f�� `c a .L'�-" ,� v`ry ,yc'�,r�*, ���fs°'�w} n..nr 'n'�; w ��3f��` �rL.,�r*;`�t-S'
:,✓ s .'1x4' � ^���%G~w" 4+*�" l= } ',. �' im � "�.w a � s ;' v,�-���' C ^^y
;, @�'°.vk fiP ?�r"..0 o$^^z, "� e/`+�`�.,"= ?m '+a+%5 e.��x.�, ^y��'£„5�'�i tom~`:-�O� �`"�r �tR-Y ,�'�+ ""�` �^•y`a ^&^,r Y '{"�w� n �r ``re�N 3 �"wr
Y 'nL .' q. n'fi J4 aW }'ry J C �f le" �"` k.E'""A 1 Y� �"e �• Y
�'�`_k} ^"`3 fs z� ''!� � � .3x' � c2 + �Y%iiSF� .: ���a '�y� ix3���"'v .+,:,'➢D
.,:FF a '"-. h. "; Ss d x~ � a" :� �,�"'�� t k•"' ���� `� s+,f�., �� �ek�I�S*.ys
'A-' gx} xb z"✓s1a �+"+S'� fa f q�i�'r r� 2`' £.,rays "s, x ,� @§ a{+ ��S'ka r, �,`°yr'°S?�% r ..,-
i
CloseUpView
rt
� IIS
V4. LOT 17 CMN 11
OneneMMView Mile View
MAINST LAKEFA1'ETfEi/IC-LE
~ g ;fOMNSQN%P ¢
mNNsoxao
RD ST
.r-_ F '
s ¢
f F
G2
- �a- n aSFd R-0 _._._...
z
Fd
ION RQ
RMF\12, N RD
r � 1VATEP4' I4ry RQZ
1.a f
R-A RMF44 RMF 4 MF ,fR-A
A
tJANE Ctft{LE bB.v YD h - �1 G2
'
A
ru.b ar— - –o� F
ansa X
I RSF-0
P! ` jJ �\
¢� L i
62 1�2
G2 i 1 RA ;O R-A
14
R c1 _ ao `� oz / i t SUBJEC4T PROPERTY ' 1 ao R f , aMFza
ft-0 RA.1
AIN Sr 1 -�AMF-24 Y
A
/RSF-0 �' RSFd�- t\�p ➢R<� i \, CY "�,.,_ \ RMF24 -f
Ga - I�
RA a5F'� �e°CC MLf- PR.L-a R� / i HMF24
.. s LSy¢.Rr \ ` G2 T}
ti
D2
S RSF 1
2
I IR.SF-0 iI t � R$F
vso L/ I 44 -
rt` os f i-t'` - mA NP
5' �GYlEW St t G2 go
F RSF4 _6t
Fd
3h�8 R-0 ROS Rr 12 RSF-0 -0 _�SFN Z -jr
tjr
RSF4R3F4 G2 a-0 RSFd ': r✓,SF1� - RI
N: RW 2a _ 4
r -'T"rF-Hn,
t Y
RA } RA �" G2 > is RSFw
Apt ly AR-pi aay RD Y
o R-O + ft5 _ R$F
RA �RSFA I RA < -k_ T
��' {L RSF♦
E.`
R$P - ANS
P1:
fl—�-
RTi i � R-0 "-��c - RSF=4 � BSFL .�
�1�
-
�1 � RtJF24 RMF 24- � � RIAF2a � i G2
R$Fw RSFd
1RMF 24 / AUGUSTA nRF
DR I��ry¢ �� .'t <�\ _/ d .I F 11t , y5F-
Overview Legend
Subject Property Boundary Master Street Plan
VAC04-06.00 Planning Area ' `Fme v/Expressway
rp000a Pnacipal AmInd
Streets 000_000 Overlay District .
_ "-�Minor Arsenal
'�_,Existllg L__t City Limits 0�.collector
S
i I� ,-, Piannea �Outside Oily 0*0. Histanc Collector April 12,2004
I. Planning Commission
0 0.1 0.2 0.4 0.6 0. AC 04-08.00(Lot 17 CMN)
iles Page 1.6
FAYETTEVILLE PC Meeting of April 12, 2004
THE CITY OF FAYETTEVII.LE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick,AICP. Zoning&Development Administrator
FROM: Suzanne Morgan,Associate Planner
Matt Casey P.E. Staff Engineer
DATE: March 29,2004
VAC 04-04.00: Vacation (Clary/Harps, pp 401)was submitted by Brian Moore of Engineering
Services,Inc.on behalf of Clary Development for property located east of Colorado Drive and north
of Wedington Drive. The property is zoned C-2, Thoroughfare Commercial, and contains
approximately 4.61 acres. The request is to vacate a 35' drainage easement. Planner: Suzanne
Morgan
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage easement vacation.
Background: The drainage easement vacation request results from the approved large scale
development for the Harp's grocery store. The store will also have gas station facilities located
on the west side of the proposed building. There is an existing drainage Swale that was
constructed as part of the Wedington Place Addition in the location of the proposed gas pump
islands. At that time, a 35' drainage easement was dedicated for this ditch. The proposal for this
development is to vacate this drainage easement, dedicate a new drainage easement on the
project's easement plat, fill in the ditch and install underground storm drains in the new easement
that will carry the flow north to the detention pond.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric N/A
AEP/SWEPCO N/A
Arkansas Western Gas N/A
SW Bell N/A
April 12,2004
Planning Commission
VAC 04-04.00(Clary/Harps)
Page 2.1
Cox Communications N/A
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer N/A
Transportation No Objections
Solid Waste N/A
Engineering No Objections
Recommendation: Approval of the proposed drainage easement vacation 04-04.00 subject to
the following condition:
Conditions of Approval:
1. The easement plat for the large scale development must be filed prior to City
Council consideration of this request.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date: April 12,2004
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
April 12,2004
Planning Commission
VAC 04-04.00(Clary/Harps)
Page 2.2
Fayetteville,AR 72701
765-17645-000
T
ZONING RMF-24
Clary Deveh
Brandon Sullivan -STATE PLANE COORDINATES: 2200 N.R0i
905 SW Arrowhead NORTHERLY: 6434'45.741 Little Rock,
Bentonville,AR 72712 765-21703-(
TELE PAO. - .EASTERLY: 660413.146-
765-77646-000 -g ZONIN
ZONING RMF-24 = ss ss
\
POWER POLE
S 89'5
Alk
...X ...
$...
I �I
x124 \\-
�I1242.
I EXISTINI
t
— —
------
EXISTING 6' SIDEWALK - I I i 'Y p 1242-- - .. -- ..
- 0" I / 1r1 / PROPOSED CURB _ .......
Gary Arlan and Kristin Page Dandy - 28.97 - �I �I LJ—licir�
/ CUT
5510 Bryant Place -—— Pr
Springdale,AR 72064 ( ( -
765-18586-000
ZONING C-2 i ..I r124710
2 — 4
UTILITY DUCTS I e[ 124 I A PN
It — —
MODIFIED CURB I - Ir'`1247Isq T
AND GUTTER
m.
_ OP FlRP'g 2" CONDUIT
" �"-
YUR�
POWER POLE -
S :fl [i , :: I '
I 1252.7
r
I
3I { I --f ROPOSFD 4' SEWER
{
it
20.117 1 '
19.00'
14.00' .PRO, OSEEI W
!- .1 i',,:_.1:iIMETER 1 125
); { i i of
c 14
12 iz I,.. I P L NI
P1 .( : N
1918' 1251•
EXISTING 6' SIDEWALK—'1--j
rj a{ _
Graig L.Campbell,TrFE Ej E ISTIN P P �1: f1w GRATED ® (
P.O.Bax 9741 ROP P
aC
INLET
Fayetteville,AR 72702 07257.25
12
765-18587-000 y
2M00'
ZONING . C-2
BENCHMARK "A" I co li, 1251M
I 00 h i I 1251.25"
pR
E I ai r -3 00' �: GRNLET 1252.13 1252.
Z 121.93
I 9' -
gg
POWER POLE 3I e3 — r{ 1251-93
H50k 1'il 1 0"-1¢47 tannin Co s
Vxc
EXISTING FIRE HYDRANT i 27.50
n 00
(STATIC PRESSURE = 139 PSI)
VAC04-04.00
Close Up View CLARYMARPS
11,0 Ell
(BERRY
r
J1
x
*Z11,
—W
'or RMF-24
a-24S`
•
/ z
0t3,
�7 RMF ---------
to l - -\ --- -
SUBJECT PROPERTY
MICAj
END
R-0
C-2
ii
C-2
II
C-1
IL
-------------
Overview Legend
o o
o E—e indpalmerw RooDwAy
P o o 0�ray District PindPal
MeflorsUvotplan Minor Arterial 100Y R
Master Street Plan Wleotor 500YE R
Fneoway/Ex,resBmy •0 0 Historic Cainctor --- J,1M1T0FSTIJDY
j7_72 city urnfts BaseUne Profile
O'c" ME VAC04-04.00
0 75 150 300 450 600
April 12,2004
Feet
Planning Commission
-04.00(Clary/Harps)
Page 2.4
Vil CLARY/HARPS
OneneMMView Mile View
I S - ,
�h
RSFd G2
24
o -Ar RSFd
* __ RA 1 I Irc�--tet r.1-SF1+.1_L. l. -A
C-2. sF-g Ian-_7L-#T'CsF'�' fa6AF 4 /y
00� 0
I RSF l
r S
\��9;� RSFd 1 P1
Q 1,
R$Fd
w T �i
r- caac3liYl'1 lir
###(########N3 RMF zaM f
RA >y ?11TI"I �j�. 3A1 R. /`F>
t
1F�L.;'R1Fz�1 j s�1R
M2
-�R�MFi�e r�PT9R
F
4U R.�
� UBJS -
_R
-L
1 sFd yi
-� FZ - . -'-a•k J
`c'
�1kLJ-LF I I
c1 it �_ Icti R v4Lj.- o2�
111
I t fR
1 c1 627-_..1 1 L
�c aSv li :hSF-dl —dI -'.
—. L LLI - -� Cz
-2
RA �� ♦ YI ! oR II MF-24 I�1�1
_ ! 1
I RMFF �,. c2JJ Q L F \ Ii
1
C
RMF-24
L _
RT-121
RA i SFd /�21}
jMF-zs
ri I
r!
L1
RSF4 FfAP V
pp9 RSFA
a. •S `'.=3 I ! �.. I I t RALS�L_ R.-
4 � o
R-A RA l
Overview Legend
Subject Property Boundary Master Street Plan
VAC04-04.00 N„✓Planning Area FreewaY/ExpresswaY
�000� Prindpal Arterial
Streets °00000 Overlay District
%&Minor ARenal
Exstlnp L__t p
City Limits �%.Caileclar
j '° Z �Plannetl Outside City ���� nistonccollector April 12,2004
Planning Commission
0 0.1 0.2 0.4 0.6 p. AC 04-04.00(Claq/Harps)
Miles Page 2.5
FAYETTEVILLE PC Meeting of April 12, 2004
THE CITY OF FAYETTEVH.LE,ARKANSAS -
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575$264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick,AICP. Zoning & Development Administrator
FROM: Suzanne Morgan,Associate Planner
Matt Casey P.E. Staff Engineer
DATE: March 29,2004
VAC 04-05.00: Vacation (Clary/Harps, pp 401) was submitted by Brian Moore of Engineering
Services,Inc.on behalf of Clary Development for property located east of Colorado Drive and north
of Wedington Drive. The property is zoned C-2, Thoroughfare Commercial, and contains
approximately 4.61 acres. The request is to vacate a portion of a 20' utility easement. Planner:
Suzanne Morgan
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage easement vacation.
Background: The utility easement vacation request results from the approved large scale
development for the Harp's grocery store. The proposed building for the Harp's development
will be located over the existing utility easement. The proposal for this development is to vacate
the portion of utility easement that will be affected by the construction of the building.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
Cox Communications No Objections
April 12,2004
Planning Commission
VAC 04-05.00(Clary/Harps)
Page 3.1
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Recommendation: Approval of the proposed utility easement vacation 04-05.00 subject to the
following condition:
Conditions of Approval:
1. The easement plat for the large scale development must be filed prior to City
Council consideration of this request.
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date: April 12,2004
CITY COUNCIL ACTION: ves Required
Approved Denied
Date:
April 12,2004
Planning Commission
VAC 04-05.00(Clary/Harps)
Page 3.2
i 4 GI: ff fJ If, 2t6o INC; l
NNG C-2
_ \\� S E
3
-----------
._ Eb971NG OE7Ql71GI1 PONO _
* _ -----------
4 y 1
.......... ' -
_' Face u�cnFmi/'^•+l1
1 A
- - ---
m,ml' O PROP
If
OSEDIIPo�E
BY Oh4RSAT
_
I 13f �`I
L 1 n
I `
1 •�,v. 1 m.,n6 '
IfNRE BUILDING
44 J It
- PROPOSED BO ING ELEV.=1258.33
I I FLOOR N2E0. St ttB Sp Ft,
1 FP ELR.VTI
115'L]9 •L
I r, a•wJ �� .. . N
4 1 MIN:FNf WLLEIN6
�a Iffi i �oBcr
a
— s. Yq �avm 1 i. •a..
g •:vm � emvae Pna,s i i i '
d um xaa,.xmlz'
�•(�( I 1 ' ONING C-2
..P. C ® �1 a•TH 1 a a .� ,I 1
e[ G 1 I 1r�l
i
11 .•I
rr
I
Z U ! 1 I wr' ',' 1
J •�1 .q 1 �� �. 1 1
1 1Y
x 1
1 '-
J
1 � � Hill Ha,E�W�Rf voar ENMpiNE l31
y � ,ate Q,' ��� J [CN43 '1 i�1 Li V11If1iX,94FidOpME
-
1
r /rr
a d:
a
i"2,2004
NAt^p�B.
/ 9W NYWxYPN®I310 &n •"�� P.0.9ax E6,
Im ePa3.ABREIE SPeN•1 MRIN Pla r1II6� ' �}S'llIISSIUR
v 16531]WM] IINSLa
r VAC 04-0 .00(Mky/Harps)
Page 3.8
VAC04-05.00 CLARY DEVELOPMENT / HARPS
One Mile View
;.' G2
VATE Dal
a o
1;-
RSF P1 o RAI 1 4WAl DR JMF 24 a O� RA
1 RSF-4
— x RAL J
1 I
SF-A ID I ASF ~ r�-R q , F 24 C-2J 4R 6°
' Rd 111 f111�1 asd-yIF_, I � � �'1 Ra ail
YtSF-4 G,/ �-
t RSF-d '
P-1
RJF4
I
RMF 24 o
„ R9F-L-a ���IjD3eftDl771a"11 I I I I — I 1 F LS J. �:
1 I
I I RSF
RBF 4 I_ j �1 v
R -0.
te-
1 of II -RBR31
�Vll � .��"
--il h 11-R—BEA 111 1{I] I y �� RA
RMF 24
RT 12 I (�M 291 V I ATS �� I RMF 24 I
H.j�RT 2 RT 1b7I 12 Iy 1� Ri2 �Ill � ,RSrdb I 1 I �dFd
-� RAI�RNIA-L j RMFP4 RMF �J ,eft
i2j L r
RMF 24 4y 2 RA F --� i ry1Fd�- _.
RMFIe
RT 12�I1 112 j F 1 ITI I l�Yl�.
RS
11
dr d t I1Rll ,� �L-RMFT411 1
I IJ RM IRSF4 jP 1
RSF�I -
SUBJECT PROPERTY }
R-0I` aO a1DGr C1 RCI ,r,- 1 L11 IC3 F 15� �� IC1E R5F'9'� RM"
F 1 RSFd4
RAI RSfd�
7Fj
R-0 E z I
r� r y-gpj -RSR41I I l
C 1 RSO
c 1 c1 l oz ReF 4! I B-0 II !
1 R-0 _- C-k C) L �.II F In I RSR 41 -
RT,12 .-- A G2 1 �r IIRSF-q
R.d - R-0 RMF 261 '6'6 L` dSE4r t -
pS , RA h ` 1 I11 y I III I iI TO
1
/I f MF 24 J_-1 1 — -
F J �t
RM
F .RME26.
F 9ERA
RMF 26 \11 —. `
BMF 2A— � ¢ I RSF 4
RT12Ir--
RA RFA - ���j� I I� Qi1YlrOi3
aMFl J.�i iiiTi II !III _ipsrra.
J 1 r I RMF-24 '
I
s fr IkI4€±�r I;. IlrfiNtflfld#{ItfFfltlE � �Irve ID���BFN `
RSFd i RSFA�
--i dzl
N9 BELl RD
Ta
EVANGALIN, IIR9Fi -
RA IRA
I �rl -
Overview Legend
S
ubject Property Boundary Master Street Plan
VAC04-05.00 '-%-, Planning AreaFreev y/Expressway
1 �J000� Pnncipal Artenal
o Overlay District
Streets o00o Mnor Aneral
'\_,existing L_ I City Limits
Collector
11` Piannetl April 12,2004
� � Outside City • �� glstonc Cailedar
Planning Commission
C 04-05.00(Clary/Harps)
0 0.1 0.2 0.4 0.6 O.Miles Page 3-4
FAYETTEVILLE PC Meeting of April 12, 2004
THE CITY OF FAYETTEVILLE,ARKANSAS '..
113 W. Mountain St
Fayetteville,AR 72701
Telephone:501-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick,AICP. Zoning& Development Administrator
FROM: Jeremy Pate,Associate Planner
Matt Casey P.E. Staff Engineer
DATE: April 07,2004
VAC 04-07.00: Vacation(Woodall/Douglas Street,pp 444)was submitted by Josef Woodall for
property located at Lot 13 of Archais-Bushnell Addition. The property is zoned RMF-40,
Residential Multi-Family,40 units per acre. The request is to vacate a 15' alley.
Planner: Jeremy Pate
Findings: See the attached maps and legal descriptions for the exact locations of the requested
drainage easement vacation.
Background: The proposal for this development is to vacate the 15' alley to provide the
required frontage for the lot. Currently the lot is 53' wide. The minimum lot width is 70'. With
the vacation of the alley, Lot 13 will have 7.5' of the alley added to the lot bringing it up to 70.5'.
To address the applicant's letter of correspondence regarding a previous vacation of said alley,
please review the attached documents. In summary, Ordinance 1779, on Feb 01, 1971, vacated
the subject alley, along with other portions of the alley north of Douglas Street and south of
Cleveland St. The following month, March 01, 1971, Ordinance 1785 was approved and filed of
record correcting the legal description of said vacation,to only include the alley between lots 1, 2
and 13,south of Douglas Street. The subject alley between lots 3,4, 5 and 14,therefore, currently
exists as city right-of-way.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
April 12,2004
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.1
SW Bell No Objections
Cox Communications No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer See Conditions of Approval
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Recommendation: Approval of the proposed alley vacation 04-07.00 subject to the following
condition:
Conditions of Approval:
1. The entire alley width needs to remain in place as a general utility easement.
Also,additional easement is required to bring the easement to a minimum of 15'
east of the existing waterline. The applicant's surveyor will need to show the
location of the existing waterline to determine the location of the required
easement.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: April 12,2004
The "CONDITIONS OF APPROVAL",beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date: May 04,2004
April 12,2004
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.2
PETMON
PETITION TO VACATE AN ALLEY LOCATED IN LOT FOURTEEN(14)OF ARCHIAS-BUSHNELL
ADDITION TO THE CITY OF FAYETTEVILLE,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 alley hereinafter sought to be abandoned and
vacated,lying BETWEEN LOTS THREE(3),FOUR(4)FIVE(5)AND FOURTEEN(14)OF ARCHIAS-
BUSHNELL ADDITION,City of Fayetteville,Arkansas,a municipal corporation,petition to vacate an alley which
is described as follows:
An alley within the Archias-Bushnell Addition to the City of Fayetteville,as designated on the plat of said
addition now on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas,and lying between Lots 3,4,5,and 14. Said alley commencing at an existing iron pin at the
Southwest corner of Lot 14 of said addition,thence West 15.00 feet along the existing right-of-way of Douglas
Street,thence N 00 degrees 03'22"E 190.75 feet,thence East 15.00 feet along the existing right-of-way of
Taylor Street to an existing iron pin at the North-west corner of Lot 14,thence along the West boundary line
of said Lot 14 to the point of beginning.
That the abutting real estate affected by said abandonment of the alley are LOTS THREE(3),FOUR(4)AND FIVE
(5)OF ARCHIAS-BUSHNELL ADDITION,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 alley.
Petitioners also would like to make note that this alley vacation is required to obtain the required frontage for any
future development of the property located at LOT FOURTEEN(14)OF ARCHIAS-BUSHNELL ADDITION TO
THE CITY OF FAYETTEVILLE.
The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,
subject,however,to the existing utility easements and sewer easements as required,and that the above described real
estate be used for their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE,the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,and as
to that particular land the owners be free from the easem is of the public for the use of said alley.
Dated this 'f day of M&A dn W 20 J
bt
ztizk
name /� �q
_ — C.gAl l
printed name
April 12,2004
Planning Commission
signature
VAC 04-07.00(Woodall/Douglas)
Page 4.3
1clyr
w p�
T6 �-
Xt18OOO*+@@e
KI I N a 4 m
za
Mffl
y�'u<N
zzo
z v
ti�rgo3 .
t -Ytk
e�'Owa Ilix��� c
0
EGG
i
im a
�i „ego
a °
t
8 Z I S
FI ce
® Oc
.u.asl 1zzmm 1 o„
ASTM ,0'Sl I o
i
ri
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.4
02/11/04 17:17 FA% 5014446061 CYN INC 005
C. Y.N., LLC
Post Office Box 1364 (479)839-2218 office
Fayetteville,AR 72702 (479)409-9618 cell
February 11, 20004
Planning Commission
City of Fayetteville
Fayetteville, AR 72701
RE: Written Description of Request for Alley Closing .
Dear Planning Commission:
We.formally request the closing of an existing alley which is within the
Archias-Bushnell Addition to the City of Fayetteville, lying between Lots 3, 4, 5,
and 14. To our knowledge this alley has never been used for the purpose of an
alley.
C.Y.N., LLC, and its members, David H. Kyle and Cynthia D. Nielsen
(husband and wife),are the owners of the adjacent Lots 3 and 14. Currently,
there is a pending real estate contract to sell Lot 14 between C_Y.N., LLC, seller,
and Phil Phillips,aka Phillips FLP, buyer. The contract is contingent on this alley
being dosed in order to allow for the required frontage necessary for Mr. Phillips
to build on Lot 14.
it had been our understanding that this alley was already dosed pursuant
to Ordinance No. 1779,dated Feb. 1, 1971. We had even pursued plans to build
on Lot 14 ourselves and had also informed our neighbor, Mrs_ Marie Kilgore, of
the alley closing. Mrs. Kilgore owns Lots 4 and 5 adjacent to the alley. We had
the centerline of what we thought was a closed alley flagged by a surveyor in
order to have building plans drawn up and in order for Mrs. Kilgore to be able to
visually see the new boundary line. However, when Bronson Abstract prepared
the title work to close the sale of Lot 14, it was discovered that said ordinance
had been amended at a later date and did not apply to this alley..
April 12,2004
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.5
02/11/04 17:17 FAX 5014446061 CYN INC 0106
Planning Commission
City of Fayetteville
February 11, 2004
Page Two
Therefore We respectfully submit the required documentation for dosing
said alley. Further, time is of the essence due to the pending real estate contract
on Lot 14 and the parties respectfully request a final determination as soon as
possible. Thank you for your attention to this matter.
nnSincerely,
�
C thisID. Nielsen
Manager/Member .
C.Y.N., LLC
CDN/ss
April 12,2004
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.6
} ,
MARIE E. KILGORE
Trustee for the
Marie E. Kilgore Revocable Trust
P. O. Box 3809
Fayetteville, Arkansas 72702
March 3, 2004
Planning Commission
City of Fayetteville
Fayetteville, Arkansas 72701
RE: Request for Alley Closing
Archias-Bushnell Addition
Dear Planning Commission:
This is to advise that I am the owner of Lots 4 and 5 of the Archias-
Bushnell Addition lying adjacent to the alley for which a request to close has
been submitted. I do not have any objection to this closing. Further, the alley
has not been used as such as long as I have owned the adjacent lots.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Marie E. Kilgore, Trustee
Marie E. Kilgore Revocable Trust
April 12,2004
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.7
G. Y.N., u c
Post Office Box 1364 (479)839-2218 office
Fayetteville, AR 72702 (479)409-9618 cell
March 3, 20004
Planning Commission
City of Fayetteville
Fayetteville, AR 72701
RE: Request for Alley Closing
Archias-Bushnell Addition
Dear Planning Commission:
Please be advised that C.Y.N., LLC, and its members, David H. Kyle and
Cynthia D. Nielsen (husband and wife), are the owners of Lots 3 and 14 lying
adjacent to the alley for which a request to close is being submitted. We have no
objection to the closing of said existing alley. To the best of our knowledge the
alley has never been used for such purpose by any party.
Please do not hesitate to contact us should we be of any further
assistance.
Sincerely, 1 �
Cynthia D. Nielsen
Manager/Member
C.Y.N., LLC
CDN/ss
April 12,2004
Planning Commission
VAC 04-07.00(Woodall/Douglas)
Page 4.8
ORDINANCE NO.. 1779
AN ORDINANCE VACATING AND ABANDONING AN ALLEY IN
ARCHIAS - BUSHNELL ADDITION TO THE CITY OF FAYETTEVILLE, .
ARKANSAS: y
WHEREAS, a petition was filed with the Board of Directors 4
of the City of Fayetteville, Arkansas, on :the 18th day of
January, 1971, praying that -said Board vacate. an7T abandon
a. certain alley in said City, described as follows:
The North-South alley lying between Lots 1 and 2
and Lot is in Block 1 in Archias Bushnell Addition
in the City of Fayetteville , Washington County,
Arkansas , and extending North from Douglas Street
in said City to Lot 19 in Block 1 in said Addition;
and,
WHEREAS , said Board of Directors , after due notice of
the time and place for the hearing on said petition, heard
all persons desiring to be heard, and determined that the
ll
alley described above was dedicated- to public use and that
there no longer exists any reason why said alley should. not
be vacated and abandoned as hereinafter set forth, and, that
such action will not adversely affect the publicinterest.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
SECTION 1. The City of Fayetteville , Arkansas , hereby
releases , vacates and abandons all its rights, together
with the rights of the public generally, in and to the
aforesaid alley, except as set forth in Section 2 , df this
ordinance , and as a condition to the closing of said alley,
the City shall be freed of all liability from claims made
by abutting owners resulting from the City or any utility
company removip_g and relocating utilities lines located in
or upon said alley.
SECTION 2 . The City of Fayetteville, Arkansas,hereby
retains a temporary sewer easement ten feet in width in said
alley, being five feet either side of where said sewer is
now
located and retains a permanent sewer easement over,
'd alley under, and across the west ten feet of sai y as shown
on the official
plat of Archias Bushnell
Addition to the
City of Fayetteville , Arkansas . .
April 12,200
Planning Commissio
VAC 04-07.00(Woodall/Douglas
Page 4..
54
L 2
y :
SECTION 3. A copy of this ordinance , duly certified
by the City Clerk shall be filed ,for record in the office of
the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, and recorded in the deed .records in said office.
` "SECTION 4 . This ordinance shall be in full force and
k - effect from and after its passage, approval and publication. -
PASSED AND APPROVED this 1st day of February ,
19 71 �
APPROVED: ;
Ernest E. Lancaster, Asst.Mayor
ATTEST
a -
LoVetta Moore, City Clerk—
"
I
a
P
z
3 +
April 12,2004
Planning Commission
VAC 04-07..00(Woodall/Douglas)
Page 4.10
5S