HomeMy WebLinkAbout2008-11-24 - Agendas - Final ayve T"r
ARKANSAS 113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,November 24,2008,5:30 p.m.
Room 219,City Administration Building
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item—Chair
B. Presentation of Staff Report
C. Presentation of request—Applicant
D. Public Comment
E. 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 please queue behind the podium when
the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the
application and will only be permitted during this part of the hearing for each item. Members of the public
are permitted a maximum of 10 minutes to speak, representatives of a neighborhood group will be allowed
20 minutes. The applicant/representative of an application before the Planning Commission for
consideration will be permitted a maximum of 20 minutes for presentation.
Once the Chair recognizes you,go to the podium at the front of the room and give your name and address.
Address your comments to the Chair, who is the presiding officer. He/She will direct them to the
appropriate appointed official, staff member or others for response. Open dialogue will not be permitted:
please ask any questions, and answers will be provided once public comment has been closed. 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.
2008 Planning Commissioners
Sean Trumbo
Lois Bryant Matthew Cabe
James Graves Porter Winston
Andy Lack Christine Myres
Jeremy Kennedy Jill Anthes
•
ayve evl le TENTATIVE AGENDA
ARKANSAS
The City of Fayetteville, Arkansas
113 W.Mountain St.
Fayetteville,AR 72701
Telephone:(479)575-8267
AGENDA FOR A MEETING OF THE
PLANNING COMMISSION
Monday,November 24, 2008, 5:30 p.m.
Room 219, City Administration Building
The following items will be considered:
Consent Agenda:
1. Approval of the minutes from the November 10,2008 meeting.
2. VAC 08-3146: (MAYNARD/WILLOUGHBY RD, 717): Submitted by CLAY GROTE HGM
CONSULTANTS, INC. for property located at 557 W. WILLOUGHBY ROAD. The property is zoned I-1,
HEAVY COMMERCIAL/LIGHT INDUST and contains approximately 2.95 acres. The request is to
vacate a portion of a right-of-way on the subject property. Planner: Dara Sanders
3. VAC 08-2982: (MARKHAM HILL COTTAGE COURTS, 520): Submitted by NORTHSTAR
ENGINEERING CONSULTANTS, INC for property located at N OF MAINE, BETWEEN SANG AND
CROSS. The property is zoned R-PZD,MARKHAM HILL COTTAGE COURTS and contains
approximately 2.65 acres. The request is to vacate an alley on the subject property.
Planner: Andrew Garner
New Business:
4. ADM 08-3159: (CMN LOTS 8 & 14/ STEELE BLVD. &VAN ASCHE, 173): Submitted by
MCCLELLAND ENGINEERS for property located at THE NE CORNER OF STEELE BLVD. AND VAN
ASCHE DRIVE. The request is for a variance of Chapter 167 Tree Preservation and Protection.
Planner: Jesse Fulcher
5. CUP 08-3120: (GARVER ENGRS. /CHRISTIAN LIFE, 213): Submitted by GARVER ENGINEERS
for property located at 1088, 1285 AND 3810 E. MILLSAP ROAD. The property is zoned RSF-4,
SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.69 acres. The request is for a parking
lot for additional and shared parking in the RSF-4 zoning district serving Christian Life Church and Garver
Engineering. Planner: Dara Sanders
6. CUP 08-3124: (GARVER ENGRS. /TEMP. OFFICES): Submitted by GARVER ENGINEERS for
property located at 1088 E. MILSAP ROAD. The request is for temporary trailer to house offices during
their addition project. Planner: Dara Sanders
7. LSD 08-3118: (GARVER ENGR., 213): Submitted by GARVER ENGINEERS for property located at
1088 E. MILLSAP ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 1.69 acres. The request is for a 4,200 sf extension to the existing office building
and a new 32-space parking lot. Planner: Data Sanders
8. RZN 08-3147: (NAPLES / CROSSOVER, 138): Submitted by JORGENSEN & ASSOC for property
located at 4081 AND 4084 CROSSOVER ROAD. The property is zoned R-A, RESIDENTIAL-
AGRICULTURAL and contains approximately 7.20 acres. The request is to rezone the subject property to
RSF-4,RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R-O, Residential Office.
Planner: Dara Sanders
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
hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330.
PC Meeting of November 24, 2008
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: November 17, 2008
VAC 08-3146:(MAYNARD / WILLOUGHBY RD, 717): Submitted by CLAY
GROTE HGM CONSULTANTS, INC. for property located at 557 W. WILLOUGHBY
ROAD. The property is zoned I-1, HEAVY COMMERCIAL/LIGHT INDUST and
contains approximately 2.95 acres. The request is to vacate a portion of a right-of-way
on the subject property.
Planner: Dara Sanders
Findings:
Property Description: The subject property is located at the southwest comer of the
Willoughby Road/McCollum Avenue intersection, west of South School Avenue. Aerial
imagery indicates that sometime between 2000 and 2003 McCollum Avenue was
redirected to intersect with Willoughby at a 90 degree angle. Existing right-of-way shown
in the attached map indicates the previous location of the Willoughby Road/McCollum
Avenue intersection.
Request: The applicant is requesting to vacate a portion (approximately 0.072 acre) of
the right-of-way located at the northeast corner of the subject property.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objection
Transportation No Objection
Solid Waste No Objection
UTILITIES RESPONSE
Ozarks Electric No Objection
Cox Communications No Objection
Southwestern Electric Power Company No Objection
November 24,2008
Planning Commission
K:\Repous\2008\PC Repous\22-November 24\VAC 08-3146(Maynard).doc VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 1 of 16
Arkansas Western Gas No Objection
AT&T Arkansas No Objection
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends forwarding VAC 08-3146 to the City Council
with a recommendation of approval with the following conditions of approval:
1. The applicant shall dedicate right-of-way by easement plat for the location of the
existing pavement to the east of the portion of right-of-way being vacated as
shown on the attached map.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled
Date: November 24,2008
Motion:
Second:
Vote:
November 24,2008
Kaeports\2008TC Reports\22-November 24\VAC 08-3146 Ma ard.doc Planning Commission
Yo VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 2 of 16
VAC 08-3146 (Maynard)
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Subject Property
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 3 of 16
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November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 4 of 16
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November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 5 of 16
PETITION TO VACATE RIGHT OF WAY LOCATED IN THE CITY OF
FAYETEVILLE, 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 right of way hereinafter
sought to be abandoned and vacated, lying in the City of Fayetteville,Arkansas, a municipal
corporation,petition to vacate a right of way,which is described as follows:
Legal Description:
A part of the SE '/a of the NWl/4 of Section 33,T-16-N,R-30-W,Washington County,Arkansas,
more particularly described as follows: Commencing at a point which is N 88110'39" W, 25.00
feet from the SE comer of said 40 acre tract;thence N 02126'54"E, 119.79 feet to the point of
beginning along the Right-of-Way of McCollum Avenue;thence along said Right-of-Way N 34
040'48"W 138.71 feet to a point along the Right-of Way of State Highway 156;thence along
said Right-of Way S 85 °57'33"E, 57.68 feet;thence leaving said Right-of-Way S 11° 00'13"E,
112.06 feet to the point of beginning,containing 0.072 acres, more or less. Subject to all
easements and Rights-of Way of record, if any.
That the abutting real estate affected by said abandonment of the right of way at the intersection
of S. McCollum and W. Willoughby, lying in the 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 right of way.
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 to 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_1!���day of October, 2008
Printed Name
Signature
lK
Printed Name
Signature
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 6 of 16
Jan Gambill -ci rightofway vacatidf -. Page 1
i
r
U-111,111'APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
1UTILI'TY:"EASIUMENT VACATION$
Date: 10116100
utdkycompenr G;t o-C FrNre#ev,l/ — eo/If WW-
Applicant Namr, 111 n'3 Applicant Phone: lJyz-yyt']
REQUESTED VACATION(apyliumt mast check all thatappty): q;-77CI"?
Utility Easement
Rightof-way for alley or streets and all uti ity easements located within the vawtedright-
o£-way.
Alley
Street fight-of-way
Ihaw been notified of the petition to vacate the following(alley,easement,rightof-way),described as follows:
General location I Address(referring to attached document-must be completed")
(ATTACITIegal description atdgraphicrepresentation of iolud is being vaca(ed-SURVEY)
- -. UTILITY COMPANY COMMENT&
No objections to the vacation(s)described above.
No abjeskiorts to the vacation(s)described above,provided fallowing described easements
are retained.(State the location,dimensions,and purpose below.)
No objections provided the followirig conditions we met
Signature of Utility Co �anyy^Representative y.
Title
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 7 of 16
Jan Gambill -ci rightofway vacationdf- Page 2
4
UTILrrY APPROVAL FOR.A1
FOR RIGHT-OF WAY,ALLEY,AND
UTILTTY EASEMENT VACATIONS
Date: !D/fL1oS
Utrlity crnnpany: l•¢x o .�('�Yitt� "4,r -8 Sewu—
Applicant Name: .14?h1 Applicant phone: 'fg,2-7717
REQUESTED VACATION(appticant most check all that apply): /--c.X as 41y2:- ",7
Utility Easement
Right-nf-way for alley or streets and all utility easements located within the-vacated dghb
of:way.
Alley
(� Street righaof-wap
I have been maifiieed of the petition to vacate the following(alley,easement,right-of-way),described as follows:
General location t Address(referring to attached document-mast be wrnpleted"")
(ATTACH legaldeseription and b'mF'lrle represaaarion of what is being vacated-SURVEY)
UTILITY COMPANY COMMENTS:
No objectimvs to the vacation(s)described above.
4 No objections to the vacation(s)described above,provided following described easements
am retained.(Stam the location,dimensions,and purpose below.)
No objections provided the following conditions are met: 11 {{�� pp.
L Lb _
Signature of Utility Company Representative
IDO
iYile
Pages
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 8 of 16
vacation pA
10/21/2008 09:46 FAX 479444$490 COF TRANSPORTATION DIVIS X1001
UMMAPPROVAL FO%M
FORRIGHT-OF-WAYALLEY,AND
UTILITY EASEMEPrr VACATIONS
Ap R
Utility Company.
Applicant Name: LM
,f 0�4, Apphomit phoria:
REQUESTIED VACATION(d)Vicant ftustchwk4u matWyj 'Y 4/ ;z-7
[D Utility Easement
7-1 tOrAtOdwidim the vacatedni;bw
of.way.
Allay
Street aXbt-c-way
I have been mbfied of the petition to vacate tbefDflowirZ(alloy,easement rkpf�f�w4y).deicribecl as follows;
General location I Address(mietting to athicheddocoment-must W cornploW—)
(ATTACH legal deeviptiovi of what is Being v..W-SURVEy)
UTILITY COMPANY . NTS;
No.
Ni,objectiors to the vatatim(s)described above,
No 9*dWs w the vacabomb)describedabove,provided following dcocribed easements
arewtamed.{State the lacahoo,chminisimia,and Purpose belm,)
No Objections provided the folio.-mi;conditions are met.
2
Company Representative
Title
AT'S
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 9 of 16
10-07-08;05:49AM; 796844617 # 2/ 2
L-nLTFY APPROVAL FORM
FOR RIGHT-OF-WAY,ALLEY,AND
LITILl"I'll EASEMENT VACATIONS
Date: IO 7—
Utility Company;
Applicant Name: 0605o I b7 l4:y _Applicant 11horic.
REOURFMD VACATION(applicant must Meet all that apply):
Utility Easement
ORight-of-way for Aller orstrvvn and All utd-tya.sements located within the vacated right.
of.way.
O Alley
FV71 Street right-of-way
I have been notified of the petition to vacate the(0110wvtng(Alley,ca.sement,right-of-way),dv%cribed.1%follows:
Central location I Add=%,(nifeirring to attached document.must be completed—)
?ATTACH legal alftenphion artagraphir rqr mlatjon of Wj&aj iq being vacated-SURIlm
UnLITY COMPANY COMMENT',!
r7i Nootilection,to the vacation(,)iftwribed above,
ONoobjectiore,to the vatzlion(sldc-embed above,provided followingdescribed easement%
AM retained.(State the location,dimemicims,and purpose Wow.)
No obw4micim provided the following conditioroary mer.
oz Ks rwl-n C—
SigiutufeotKItilityC*mpanvRepms tative
1-tal %4ghtp.; 7—cc.k�
Title
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 10 of 16
nLrFYAPPROVAI,FORM
FOR RIGHT-OF-WAY,ALLEY,AND
UTILUY EASEMENT VACATIONS
Date:
ufiilifycornpany: e-Fcn
Applicant Name: Applicant Phone:
REQUESTED VACATION iapphront must check all that apply/:
Utility E&Lment
ORight-of-way for alley of streebi and all utility easements located within the vacated right-
of-way,
Alley
Street right-of-way
I have Men notified of the petition to vacate the following(alley,easement,right-of.way),described as follows:
General location I Address{referring to attached document-must be completed`")
(A TT4CH lqal description 4md graphic representation of what is being vacated-SURVM
UrnUTY COMPANY COMMENTS:
= N(xobjections tothe vacaticn(%)dt-scribc-d above.
No oblections to the vacation(s)described above,provided following described easements
art,retained-Nate th0ocation,dimensions,and purpo.w. below.)
A Al f-A-Se- 7
014 7,p-i <-- 71A1 — 4 5
0" A77ACHU) 3 j,.1E 7(j A/
No objections provided the following conditions are met:
Signature of Lftilit•Company Representative
RIuI Alf
Title
ec
t.
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 11 of 16
U1,11,11F) APPROV'" FORM
FOR RKAVI-OF-WAN,M,LlwY, %,")
L rij_lfY iIASF%tFtj VACAIJONS
Apphoil,
v6 .rw+ntirts "'thm tiw%;.Oat,i aglt.
hAl 1 1.',.rJAII ,d ol!111, ........I
i Add,lt, to atc hd
al
th� 1'1t"dip!te11111 119,11,11iflod
.. ..t.,!eat i9r rh till 14 N4",
Ccs 70/_
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 12 of 16
_ 10—t0-08; 3.49PN1;AWG Di Spa[ch -9�ay, AR
95828258 i 2/ 3
UTILITY APPROVAL FORM FOR RIGHT•OF-WAY,
ALLEY,AND UTILITY EASEMENT VACATIONS
DATE: October 10,2008
UTILITY COMPANY: Arkansas Western Gas Company
REQUESTED VACATION:
❑street
Utility Easement
❑street and all the ublity easements located within the vacated street
❑Rlghtrof-way for alley or meet
❑Right-of-way for alley or streets and all utility easements located within the vacated nght-.f way
❑Alley
❑Alley and all utility easements located within the vacated alley
I have been notified of the petition to vacate the following Utility Easement
described as follows: (Please see list above) ',
Aprl of Pa SE'/.o11be NW1K M5eCbn 3J,TdaN,R-30.W.WnWpnglm Lwnlg glkaua�mole penitleatlytlescnpeE as lG'ow¢CommenUre efa povq Maicb isN BO°1tl39"W,
a$.Cpfat IawD Iftt SE mmeral saM 6he<re Irad Ilrnce N 02'28'56'E,Hg]91ea110 IM IaCinl olbepinmlg along Ido XigblcFWayor McCollum prenw:lberte along saia RigM�o4
Way N J6.60NBYI 138.>11cea to a Daml a4Mp the IYgahol Waytl Stale XyXway 156.Iflentt aloap sad gigblol ways @,i•5]'39'E.5].BB feel;llleze leavlly sak riignlcf-Way s
11 Ba ID E.11288 feet I0 aR Doinl tli Oeplminp,contaning 00]2 aaaa.mom ar Mss.
UTILITY COMPANY COMMENTS:
Q No objections to the vacations described above.
❑ No objections to the vacations descnbed above,pprrovided following described easements are retained.
(Slate the location,dimensions°and purpose bel0
o't�nature of Utility Company Representative
Northwest Regional Manager
Title
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 13 of 16
Lrr1LrF'Y APPROVAL FORM
FORlRJG,4T-Of-WAY,ALLEY,A,\D
1-'RLrn'1'ASEAkFNT VACATIO14S
Date lo- I5-C)E3
ATT /5OLLT"V3EC,
'klnPhiari Ndme tc- Hc-i-Lr--r,, -
REQ LE:I-rFD\ .qC'ArION iapphcant mjLqdark gfi
tkat
r248h'-6-ay for alley or streets and aR
tlf-way utility ea'Re"'Orb A'thin the vacated n&.
Alley
"Ircet rIght'n"vAy rVI C C OLL-Usrn A- W t LLO LJ.C,H f3 Y 0(2136f2-
1 hjvo b,st n nw,,lied of thyptjtKjj to 'a"tv 'he'OUk'wtn8("JitY,easement,notqlf-wdy).described as folltvlv
General location f Address(eefftring to attached document.must be oofflpjetf4..)
(.47TACH legal deso*twft a ndgj#gphjcprpn%,,d"onOf w"zs being vAca
ted-SUR VEY)
I- H1-lTYCOMPANY('(11f.MF\q�,
10 thevmsbon(s)described above
NO ch*,-utns to the vao,"s)deser*&d above,Pnn7dQd f011auring described easements
are retained.(State the kteatjvrt,dimension!',and purpose Wo,')
LOCATES Wl" 11JEXD To i!iC
CA"O JAJ — (ATIt.IT'r ENZEmEtdT5
TECT c"IR EIQSrlfj
TO WILLL
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L 1
0 K THS
jW OF
,z-- krkE lzdv-jsDEVE� lzlt"414 1 12%( 11 17'pc
7__rx�13.r I
C
!TIES TO
S;;Matu re 0f Ot-11—0),—C—Oxn-p a n V Rep�Mwnw--- ----------
MghtAGtEIZ E-WQKEERIPJ{
November 24,2008
Planning Commission
VAC 08-3146 Maynard/Willoughby
d LO TZ5E6986 'ON/L0.91 IS/80 91 So 1 'OI CcISM) Agenda Item 2
Pagd!Mdf 16
VAC08-3146 MAYNARD/WILLOUGHBY RD
Close Up View
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o.� Feet November 24,2008
Planning Commissn
VAG Uo-o i4a viaynaruivviiiougnpuy
Agenda Item 2
Page 15 of 16
VAC08-3146 MAYNARD/WILLOUGHBY RD
One Mile View
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--- Subject Property
-%-,Planning Area
VAC03-3146 ry 11-14
Overlay District
Outside City
- Legend
Hillside-Hilltop O erlay District
0 0.25 0.5 1
M les November 24,2008
ssion
VAC 08-3146 Maynard/Willoughby
Agenda Item 2
Page 16 of 16
7aye ` PC Meeting of November 24, 2008
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: November 18, 2008
VAC 08-2982: Vacation (MARICHAM HILL COTTAGE COURTS,520): Submitted by
NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at NORTH OF
MAINE, BETWEEN SANG AND CROSS. The property is zoned R-PZD 08-2980
(Markham Hill Cottage Courts) and contains approximately 2.54 acres. The request is to
vacate an alley on the subject property. Planner: Andrew Garner
Background: The subject property consists of approximately 2.54 acres located north of
Maine Street and west of Cross Avenue, less than 0.25 mile west of the: University of
Arkansas Campus. The Markham Hill Cottage Courts project (R-PZD 08-2980) was .
approved by the City Council on August 19, 2008 for 18 single family and 5 two-family
cottages(28 units total).
There are existing 15-foot alley rights-of-ways that traverse east-west through the project
site. In order to construct the Markham Hill Cottage Courts development the applicant
proposes to abandon portions of these alleys as indicated on the submitted exhibits.
Request: The applicant requests to vacate 0.30 acres of the of alley right-of-way that bisects
the subject property. The applicant has submitted the required notification forms to the utility
companies and to the City with the results summarized below.
UTILITIES RESPONSE
Cox Communications No Objections
Ozark Electric No Objections
Arkansas Western Gas No Objections
AT&T No Objections — provided that a 25-
foot utility easement be retained where
it crosses the alley along the west side
of the property.
SWEPCO No Objections
November 24,2008
Planning Commission
KC\Reports\2008\PC Reports\22-November 24\VAC 08-2982(MarkhamHillCottageCrts).doc VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 1 of 14
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer and Engineering No Objections
Solid Waste No Objections
Transportation No Objections
Findings: Staff finds that vacating the requested portions of alley right-of-way would not
adversely affect access to or utility provision to the site given that two new streets will be
constructed as part of the Markham Hill Cottage Courts development and new easements and
right-of-way dedicated by easement plat.
Public Comment: Staff has not received public opposition to this vacation request.
Recommendation: Staff recommends forwarding this request to the City Council with a
recommendation of approval to vacate the alleys VAC 08-2982 with the following conditions
of approval.
1. The alley shall not be vacated until new street streets and easements for the Markham
Hill Cottage Courts project have been dedicated by easement plat to the satisfaction
of utility companies and the City.
2. Relocation of any existing facilities will be at the owner/developer's expense.
PLANNING COMMISSION ACTION:
Recommendation to be: ❑ Forwarded for approval ❑ Denied ❑ Tabled
Motion;
Second:
Vote:
Date: November 24,2008
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
November 24,2008 '..
K:\Reports\2008\PC Reports\22-November 24\VAC 08-2982(MarkhamH 1lCotta eCrts .doc Planning Commission
g ) VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 2 of 14
A NORTHSTAR civil Engineering
Environmental Engineering
ENGINEERING Land Surveying
ANN& CONSULTANTS, INC. Planning
September 9,2008
Mr.Jeremy Pate
City Planner
City of Fayetteville
126 West Mountain Street
Fayetteville,Arkansas 72701
Re: Alley Vacation Request
Lots 14-18&28-39, Block 1,West End Addition, Fayetteville,Arkansas
NEC Project No.567-001
Dear Mr. Pate:
On behalf of Homestead Homes, LLC, I respectfully request your consideration of the alley vacation
described below regarding Lots 14-18 & Lots 28-39, Block 1, West End Addition, Fayetteville, Arkansas.
The alleys are not in use at this time and the vacated property could be used by the Developer and the
adjacent lot owners (See attached exhibit). Please note, however,that an existing house located an Lots
29 and 30 encroaches onto the 15 foot alley to the north. After meeting with the property owner to the
north, Steele Revocable Trust, it is in agreement to grant ownership of the entire 15 foot platted alley
across Lots 28-30 to the Developer in order to resolve the boundary issue with the existing house. We
would appreciate your consideration of the above request.
Please call me at 479-271-0906 if you have any questions or need additional information.
Best Regards,
Jason E Ingalls, PE
Project Manager
Cc: Homestead Homes,LLC, Developer
File
L07-01W-QrdWIft V=11W Rt(9-948).dw
207 South Main Street Phone(479)271-0906
Bentonville,Arkansas 72712 Fax(479)271-8144
Email:lnfb@northstarengineeflng.net
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 3 of 14
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Page 4 of 14
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UTILITY APPROVAL FORM J4.5 b,
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
Utility Company: ranseorta Torr
Applicant Name: Homestead Homes, LLC Applicant Phone: (479)927-9925
REQUESTED VACATION:
El Utility Easement
El Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
Alley
❑ Street light-of-way
I have notified of the petition to vacate the following alleys,described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39,Block 1,
West End Subdivision(See attached exhibit and legal description)
UTILITY_ COMPANY COMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation described above,provided following described easements
are retained. (State the location,dimensions,and purpose below.)
❑ No objections provided the following conditions are met:
Sig fility Compa Representative
Title
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Counts i
Agenda Item 3 i
Page 5 of 14
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No.
------ Ctmr
UTfL1TY-AP1PROVAL—FORM--
FOR UTILITY EASEMENT VACATION
Date: 4-3-08
Utility Company:
Applicant Name: Homestead Homes, LLC Applicant Phone: (479)927-9925
REQUESTED VACATION:
0 Utility Easement
El 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 notified of the petition to vacate the following alleys,described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision(See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
El No objections to the vacation described above, provided following described easements
are retained.(State the location,dimensions,and purpose below.)
El No objections provided the following conditions are met:
Signature of Utility Company Representative
QC, B`
Title
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 6 of 14
Nov. 18, 2000 12:21PM No. IM3 P. ;
wORTHSTAR NGa1NRERiNS
Received B =Oats. 1,,J j
UTILITY APPROVAL FORM R(
FOR
FOR UTILITY EASEMENT VACATION If,-pYl
Date- .11-18-03
Utility Company: WEPCO
Appficant Name: jiQlIl�taad Homes. L C _Applicant Phone-. (4Z9)927-292j_
REQUESTED VACATION:
❑ Utility Easement
❑ Right-of-way for alley or streets and all utility easements located within the Vacated
rightofAwM.
0 Alley
❑ street right-of-way
have notified of the petition to vacate the following alleys, described as follows;
A 15 foot alley located along the north aide of Lot*28-39 and between Lots 14-18 and 3539, Stock 1,
West End Subdivision(See attached exhibit and 109al description)
UTILITY COMPANY C6MMr WFS:
,. No objections to the vecatlon descr'Ibad above,
❑ No objections to the vacation described above, Provided following described easements
are retained.(State the looation,dimensions,and purpose below.)
❑ No objections provided the following conditions are met:
f Ao
Signature of WRY Company Representative
G
Title
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 7 of 14
`/23/2008 WED 12:29 FAX 479 684 4730 WATER & SEWER Imoo1
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UTILITY APPROVAL FORM .JaSa -T.
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
Utility Company Watbrand Sev er
Applicant Name: Homestead Homes, LLC Applicant Phone: (479) 927-9925
REQUESTED VACATION:
❑ 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 notified of the petition to vacate the following alleys,described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision (See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
❑ No objections provided the following conditions are met:
Signature of Utility Company Representative
W 4'S 6
Title
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 8 of 14
UTILITY APPROVAL FORM
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
-4� r AWanveis,Western:,Gds;1
Utility Company: "
Applicant Name: Homestead Homes, LLC Applicant Phone: (479)927-9925
REQUESTED VACATION:
El Utility Easement
D Right-of-way for alley or streets and all utility easements located within the vacated
right-of-way.
Alley
El Street right-of-way
I have notified of the petition to vacate the following alleys, described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39, Block 1,
West End Subdivision(See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
El No objections to the vacation described above.
El No objections to the vacation described above, provided following described easements
are retained. (State the location, dimensions, and purpose below.)
XNo objections provided the following conditions are met:
NO en r (7
-4-
-.4
Signature of Utility Company Representative
Title
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 9 of 14
NG"NEERiNG
:e vee Date
'ter,No '�4-Z5
UTILITY APPROVAL FORM Jason
FOR UTILITY EASEMENT VACATION
Date: 4-9-08
Utility Company- Cox 66,m I rnunioafiL&LK!
Applicant Name: Homestead Homes, LLC Applicant Phone: (479)927-9925
REQUESTED VACATION:
n Utility Easement
El 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 notified of the petition to vacate the following alleys,described as follows:
A 15 foot alley located along the north side of Lots 27-39 and between Lots 14-26 and 27-39,Block 1,
West End Subdivision(See attached exhibit and legal description)
UTILITY COMPANY COMMENTS:
No objections to the vacation described above.
❑ No objections to the vacation described above, provided following described easements
are retained. (State the location,dimensions, and purpose below.)
El No objections provided the following conditions are met:
Sippeure of Utility Company Representative
FIELD ENGINEER
Title
November 24,2008
Planning Commission
VAC 08-2982 Markham Hill Cottage Courts
Agenda Item 3
Page 10 of 14