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Home My WebLink About2013-08-26 - Agendas - Final Plannine Commission Planning Commissioners Officers Blake Pennington William Chesser Craig Honchell,Chair Ron Autry aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Porter Winston Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Draft Agenda City of Fayetteville, Arkansas Planning Commission Meeting August 26, 2013 A meeting of the Fayetteville Planning Commission will be held on August 26, 2013 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Call to Order Roll Call Consent: 1. Approval of the minutes from the August 12, 2013 meeting. 2. VAC 13-4459: Vacation (201 W MOUNTAIN ST, 523): Submitted by WILLIAM RUDASILL, PE for property located at 201 W. MOUNTAIN STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.15 acres. The request is to vacate a portion of a utility easement. Planner: Jesse Fulcher 3. VAC 13-4460: Vacation (423 PRAIRIE AVE, 523): Submitted by JACOBS NEWELL for property located at 423 Prairie Ave. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.16 acres. The request is to vacate an access easement. Planner: Andrew Garner 4. CCP 13-4453: Concurrent Plat(CORNER OF MISSION BLVD. AND WINWOOD DR., 370): Submitted by PENNY LANE CONSTRUCTION for property located 1857 WINWOOD DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY and contains approximately 1.02 acres. The request is to split the lot into two parcels. Planner: Andrew Garner 5. ADM 13-4474: Administrative Item (1724 N. ROCKWOOD TRAIL./KING, 448): Submitted by DAVID NICKEL for property located at 1724 N. ROCKWOOD TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 1.09 acres. The request is for an Access Management variance for a new driveway onto Pembroke Road, a Collector. Planner: Andrew Garner Old Business: 6. RZN 13-4438: Rezone (845 N. 46th AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains 12.42 acres The request is to rezone the property to RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, NC, NEIGHBORHOOD CONSERVATION, AND RSF-7, RESIDENTIAL SINGLE FAMILY SEVEN UNITS PER ACRE. Planner: Quin Thompson THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL SEPTEMBER 9, 2013 New Business: 7. ADM 13-4485: Administrative Item (WEST CENTER APARTMENTS LSD 12-4275, 483): Submitted by MODUS STUDIO for property located at the SOUTHWEST CORNER OF CENTER AND DUNCAN. The property is zoned DG, DOWNTOWN GENERAL AND RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains 2.75 acres. The request is to amend the conditions of approval of the large scale development. Planner: Jesse Fulcher 8. CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD., 522): Submitted by JOHN DAVIDSON. for property located at the 1001 W MARTIN LUTHER KING BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 4.67acres. The request is for a conditional use for a parking lot. Planner: Quin Thompson THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL SEPTEMBER 9, 2013 9. CUP 13-4456: Conditional Use Permit (ADVENTURE SUBARU/2269 HENBEST RD, 324): Submitted by JORGENSEN & ASSOCIATES for property located at 2269 HENBEST RD. The property contains approximately 4.55 acres. The request is for Conditional Use for an off-site parking lot/vehicle display area in the Community Services zoning district. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED UNTIL SEPTEMBER 9, 2013 10. CUP 13-4462: Conditional Use Permit (3335 W MT. COMFORT RD, 362): Submitted by PATHWAY BAPTIST CHURCH for property located at 3335 W MT. COMFORT ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY and contains approximately 0.54 acres. The request is for a conditional use to allow a church use in the RSF-4 zoning district. Planner: Andrew Garner 11. RZN 13-4461: Rezone (123 E. CLEBURN ST./STOVER, 446): Submitted by ELIZABETH STOVER for property located at 123 E. CLEBURN STREET. The property is zoned C2, THOROUGHFARE COMMERCIAL, and contains approximately 0.20 acres. The request is rezone the property to DG,DOWNTOWN GENERAL. Planner: Quin Thompson 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 Far 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. Planning Commission August 12, 2013 Page I of 12 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on August 12, 2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: July 22, 2013 Approved Page 3 New Business: LSD 13-4442: Large Scale Development(CORNER OF TIMBERLAND LN. & BLACK FOREST DR./FIRST SECURITY BANK, 440): Page 4 Approved ADM 13-4435: Administrative Item (464 E.JOYCE BLVD./TROPICAL SNO, 134): Page 5 Approved ADM 13-4436: Administrative Item (3075 N. COLLEGE AVE./TROPICAL SNO,252): Page 6 Approved ADM 13-4464: Administrative Item (617 N. COLLEGE AVE./LO'S SWEET TREATS,445): Page 7 Approved ADM 13-4473: Administrative Item (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 252): Page 8 Approved CUP 13-4440: Conditional Use Permit(2008 N. CLEVELAND ST./BOYD,442): Page 9 Tabled CUP 13-4449: Conditional Use Permit(1674 N.FOREST HEIGHTS/HUGHES,406): Page 10 Approved RZN 13-4438: Rezone (845 N.46'h AVE./WEDINGTON,438): Page 11 Tabled Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 1 of 12 Planning Commission August 12, 2013 Page 2 of 12 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins William Chesser Ryan Noble Kyle Cook Porter Winston Craig Honchell Sarah Bunch Blake Pennington Ron Autry STAFF PRESENT Andrew Garner Jesse Fulcher CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Porter Winston called the meeting to order. Porter Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Commissioner Chesser. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 2 of 12 Planning Commission August 12, 2013 Page 3 of 12 Consent. Approval of the minutes from the July 22,2013 meeting. Motion• Commissioner Cook made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 3 of 12 Planning Commission August 12, 2013 Page 4 of 12 New Business: LSD 13-4442: Large Scale Development (CORNER OF TIMBERLAND LN. & BLACK FOREST DR./FIRST SECURITY BANK,440): Submitted by ENGINEERING SERVICES,INC.for property located at the CORNER OF TIMBERLAND LANE AND BLACK FOREST DRIVE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 1.03 acres. The request is to build a 2,166 square foot bank with associated parking. Andrew Garner, Senior Planner, gave the staff report. Jason Appel, applicant discussed their proposal and the recent meeting he had with the City Engineering and Zoning Development Administrator regarding the driveway throat length. No public comment was presented. Commissioner Hoskins asked about the modifications to the southern driveway and the throat length. Jason Appel, applicant, discussed rationale behind the current design. Motion: Commissioner Winston made a motion to approve LSD 13-4442 as recommended by staff. Commissioner Pennington seconded the motion.Upon roll call the motion passed with a vote of 7-0-1,with Commissioner Noble recusing. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 4 of 12 Planning Commission August 12, 2013 Page 5 of 12 ADM 13-4435: Administrative Item (464 E. JOYCE BLVD./TROPICAL SNO, 134): Submitted by ZHANNA WISKUR for property located at 464 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains a total of 9.00 acres.The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Jesse Fulcher,Current Planner,read the staff report. Pete Wiskur, stated that they have been on the site for the last two years and can move building up out of the setbacks. They may end up only staying a few extra weeks. Commission Hoskins asked how many years they had been at the site and if they received an extension last year. Wiskur stated that this was the second season and they were only there three months last year. Commission Hoskins asked if there were any other stores in the area besides Cold Stone. Fulcher stated no. Commission Honchell asked staff about the building setbacks. Andrew Garner, Senior Planner, provided background on the review process. Commissioner Hoskins stated he could support this request due to the distance between the next like business. Motion: Commissioner Hoskins made a motion to approve ADM 13-4435. Commissioner Winston seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 5 of 12 Planning Commission August 12, 2013 Page 6 of 12 ADM 13-4436: Administrative Item (3075 N. COLLEGE AVE./TROPICAL SNO, 252): Submitted by ZHANNA WISKUR for property located at 3075 NORTH COLLEGE AVENUE.The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains a total of 1.84 acres.The request is a variance to allow for a temporary retail structure to remain on the property for longer than 90 days. Jesse Fulcher, Current Planner read the staff report. Pete Wiskur stated they are trying to stay open for a few more weeks. Commissioner Winston asked when the business is officially open. Andrew Garner, Senior Planner, stated that it's when they first make a sale. Kit Williams, City Attorney, stated they collect taxes as soon as they make a sale. Commission Winston asked if people can skirt around paying takes. Williams stated yes, but have good compliance. Commission Cook asked how staff reviews these variances. Garner stated staff looks at the adverse impact finding. Motion: Commissioner Winston made a motion to approve ADM 13-4436. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-1,with Commissioner Hoskins recusing. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 6 of 12 Planning Commission August 12, 2013 Page 7 of 12 ADM 13-4464:Administrative Item(617 N.COLLEGE AVE./LO'S SWEET TREATS,445): Submitted by LAUREN FRENCH for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acre and is zoned C-2,THOROUGHFARE COMMERCIAL.The request is a variance to allow for a temporary retail structure(airstream trailer)to remain on the property for longer than 90 days. Andrew Garner, Senior Planner, gave the staff report. Lauren French, applicant, was present for any questions. No public comment was presented. Commissioner Hoskins asked the applicant if they were planning on moving into a permanent location. Lauren French, applicant,indicated that yes she would like to. Commissioner Hoskins discussed that he is familiar with the other bakeries in the area and that their menus are substantially different and that he will be able to support this request this year. Motion: Commissioner Winston made a motion to approve ADM 13-4464. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 7 of 12 Planning Commission August 12, 2013 Page 8 of 12 ADM 13-4473: Administrative Item (1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 252): Submitted by JOE PERME for property located at 1923 E. JOYCE BOULEVARD. The property is zoned RMF-24,RESIDENTIAL MULTI-FAMILY,24 UNITS/ACRE and contains approximately 40 acres. The request is for a variance of the Urban Residential Design Standards. Jesse Fulcher, Current Planner,read the staff report. Joe Perme,applicant,stated that it was a retirement community and that even small changes can create issues for existing tenants. Commission Hoskins asked how the ownership worked. Perme stated that Butterfield owns all the buildings. Commission Hoskins discussed a previous request for The Pines at Springwood that had a very similar issue with their build out plans and stated he didn't have an issue with these types of facilities continuing with the original design theme. This facility isn't even that visible from the street. Commission Honchell stated he agree with Commission Hoskins' statements. Commission Winston stated he didn't usually like developments where the buildings are all identical,but the people that live in them love it. Motion: Commissioner Winston made a motion to approve ADM 13-4473 with all variances as requsted. Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 8 of 12 Planning Commission August 12, 2013 Page 9 of 12 CUP 13-4440: Conditional Use Permit(2008 N.CLEVELAND ST.BOYD,442): Submitted by ALAN REID AND ASSOCIATES for property located at 2008 NORTH CLEVELAND STREET. The property is zoned RSF-4,RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE and contains one lot totaling 1.86 acres. The request is for a conditional use permit to allow a tandem lot. Motion: Commissioner Winston made a motion to table CUP 13-4440 to the September 9th meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 9 of 12 Planning Commission August 12, 2013 Page 10 of 12 CUP 13-4449: Conditional Use Permit (1674 N. FOREST HEIGHTS/HUGHES, 406): Submitted by SHELLI HUGHES for property located at 1674 NORTH FOREST HEIGHTS.The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.25 acres. The request is for a conditional use permit to allow home child care (Use Unit 24),in a RSF-4 zoning. Andrew Garner, Senior Planner, gave the staff report. Shelli Hughes,applicant,discussed her proposed business.Indicating that the hours of operation will be from 8 a.m.—5 p.m. Public Comment: Hoyt Purvis, 1606 Forest Heights,discussed that he was opposed to the proposal.He discussed issues such as retaining the residential quality of the neighborhood and that this proposal would introduce commercial enterprise into the neighborhood.He discussed this would be a problematic traffic situation.It is appropriate for the commission to look at more factors. No more public comment was presented. Commissioner Hoskins asked about the driveway steepness. Shelli Hughes described the driveway and car parking. She also discussed that she will have a contract for the parents indicating a specific drop off time for each child. Kit Williams, City Attorney, asked if the applicant had plans to limit the drop off to the driveway. Shelli Hughes indicated that,yes,she will tell parents to use the driveway,but it is a city street and she does not feel like she can keep her parents from parking in front of her house. Commissioner Hoskins discussed that these types of businesses make a complete neighborhood.The impact to uphill neighbors will be minimal.He discussed adding a condition of approval for this use to only use the driveway for drop-offs. Commissioner Cook asked about how the neighbors could report a complaint if there were a problem. Garner discussed the complaint process and that there is a violation of the conditions of approval,such as the hours of operation, it may be grounds for the commission to revoke the permit. Commissioner Winston discussed supporting this use with a condition to limit the drop-offs. Motion #1: Commissioner Winston made a motion to approve CUP13-4449 adding condition of approval#8 as read out loud by the city attorney. Commissioner Hoskins seconded the motion. Garner asked for clarification on condition of approval#8. Commissioner Winston clarified that he did not intend for the parents to never be able to park in the street. He amended condition of approval #8 to read as follows: Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 10 of 12 Planning Commission August 12, 2013 Page 11 of 12 "Condition of Approval#8:The driveway to the house shall,during business hours,be available by clients to load and unload children and turnaround to park in front of the applicant's house." Commissioner Hoskins withdrew his second on the motion. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-2-0,with Commissioners Hoskins and Pennington voting "no". Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 11 of 12 Planning Commission August 12, 2013 Page 12 of 12 RZN 13-4438: Rezone (845 N. 46th AVE./WEDINGTON, 438): Submitted by CIVIL DESIGN ENGINEERS, INC. for property located at 845 NORTH 46TH AVENUE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE,and contains 12.42 acres The request is to rezone the property to RMF-12,RESIDENTIAL MULTI- FAMILY, 12 UNITS PER ACRE. The applicant had previously requested this item to be tabled until the August 26th Planning Commission meeting. No public comment was presented. Motion: Commissioner Winston made a motion to table RZN 13-4438 to the August 26th meeting. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. There being no further business, the meeting was adjourned at 8:40 PM. Planning Commission August 26,2013 Agenda Item 1 08/12/13 Minutes Page 12 of 12 TPCaye Meeting of August 26, 2013 ARKANSAS THE CITY OF FAYET"fEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: August 19, 2013 VAC 13-4459: VACATION (201 W MOUNTAIN ST, 523): Submitted by WILLIAM RUDASILL, PE for property located at 201 W. MOUNTAIN STREET. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.15 acres. The request is to vacate a portion of a right-of-way and utility easement. Planner: Jesse Fulcher Findings: Property: The subject property is located at the southwest corner of Mountain Street and Church Avenue and is developed with the Loafin Joe's restaurant. Adjacent to the east side of the building(along Church Avenue), exists a 10 foot wide right-of-way and utility easement that was deeded in the 1970's. There are no utilities within the easement with the exception of an overhead power line at eastern edge of the easement. AEP Swepco will maintain 2.5 feet of the easement adjacent to the right-of-way for maintenance of their facilities. This will also provide sufficient right-of-way space for any future street improvements based on Master Street Plan requirements. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial DG, Downtown General South Residential DG, Downtown General East Commercial MSC, Main Street Center West Parkinq lot DG, Downtown General Request: The applicant's request is to vacate the west 7.5 feet of the right-of-way and utility easement. This will allow the property owner to construct a new outdoor dining area on the east side of the building within an existing landscape bed. Easement Vacation Approval: The applicant has submitted the required easement vacation forms to adjacent property owners and all utility companies with no objections. G:\ETC\Development Services Review\2013\Development Review\13-4459 VAC 201 W Mountain_Loa5n Joe's\14 Planning Planning Commission Commission\08-26-2013\Comments and Redlines August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 1 of 20 UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Source Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections ADJACENT PROPERTY OWNER: RESPONSE Michael and Julie Roetzel No objections City of Fayetteville No objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4459 to the City Council with a recommendation for approval subject to the following conditions: 1. The remaining 2.5 feet of easement shall only be used in conformance with 166.12 Structures Not Allowed within Public Easements. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: August 26,2013 Motion: Second: Vote: Notes: GA\ETC\Development Services Review\2013\Development Review\13-4459 VAC 201 W Mountain_Loafin Joe's\l4 Planning Planning Commission Commission\08-26-2013\Comments and Redlines August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 2 of 20 From the Desk of William B Rudasill, P.E. Address:1780 N Woolsey,Fayetteville,AR 72703 Phone:(479)466-4655 Email:wbrener(avahoo.com Attn: Planning Board and City Council City of Fayetteville 113 W Mountain St, Fayetteville, AR 72701 RE: Loafin'Joe's Easement Vacation Petition 201 W. Mountain St., Fayetteville,AR 72701 July 2, 2013 Dear Board and Council Members On behalf of Joseph Weber the owner of Loafin'Joe's on the SW corner of W Mountain St and Church Ave. also known as 201 W Mountain St. here in Fayetteville, I am submitting an Easement Vacation Petition for a portion of an easement lying along the east line of his property to allow him to extend his roof lines to accommodate a covered open air patio expansion to his existing facility. The area will be contained within an existing walled area that pre-dates the easement and is currently a landscaped garden. We have worked diligently with the utility companies to accommodate their needs and have received their approvals. A site plan and construction drawings for the proposed expansion have been enclosed for your review and to show the Impact of the easement and the reasons for the need to vacate a portion of said easement. If you have any questions or need more information,please don't hesitate to call. Respectfully William B Rudasill,Jr. Project Engineer Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 3 of 20 WEBER/LOFIN'JOE'S EASEMENT VACATION LEGAL DESCRIPTION: That portion of the easement filed for record in Washington County,Arkansas in Book 958 at Page 705 described as follows: Commencing at the Northeast Corner of said Block 32 being a point on the South Right-of-Way of W Mountain Street and the West Line of Church Avenue as shown on the Original Plat of the Town of Fayetteville, Run thence along said Mountain Street R/W West(N89°59'09"W measured)a distance of 2.50 Feet to the Point of Beginning(POB)of said vacation;thence continuing along said R/W West(NB9059'09"W measured)a distance of 7.50 Feet; thence leaving said R/W and running South(S00016'18"W measured)a distance of 55.00 Feet to the a point 1 foot,more or less,south of a 1.5 foot high brick wall;thence with said Wall Line East(N89051'14"E measured)7.50 Feet to a point 2.5 feet off the West R/W line of Church Avenue; thence North (N00016118"E measured)along said R/W a distance of 55.00 Feet,more or less,to the Point of Beginning containing 0.009 acres(412.5 SF), more or less,and leaving 2.5 feet of the easement in place directly adjacent to Church Avenue to maintain minimum City required R/W,said bearings are referenced from an Engineering Survey filed for record In Book 2007 at Page 1127,Washington County,Arkansas and the vacation is Encompassed by the Property Described in Deed of Record in Book 2005 at Page 34587,Washington County,Arkansas Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 4 of 20 j FILE fiOR Fi F� ft f1. wtrtt�at !s� £ A8EMEN 'C ']8 RAR 31 pa 2' wrsw,vcron KNOW ALL M9R BY TIIESE PRESENTS: +i14gRNQI,CSl001+rV That the undersigned grantors for thv cons La aOMPMX p One Dollar ($1.00) and other good and valuable consideration tc them in hand paid by the City of Fayetteville, Arkansas, a municipal corporation, the grantee, the roceipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the City of Fayetteville, Arkansas, a municipal corporation, a perpetual easement for the purpose of constructing, maintaining, repairing and replacing a public street and utility linea, to-wit: Ten feet of equal and uniform Width off the East side of the following described property, co-wit: Lots I and 2 in block 12 ss designated upon the original plat of the Town of Fayetteville - EXCEPT B feet off the West side of said Lot 2 - and all being more particularly described as follows, to-wit: Beginning at the Northeast corner of said Block 32, and running, thence West 100 feet to the Northeast turner of the Paddock Lot; thence South 155 feet; thence Baer 100 feet to the East line of said Block; thence North 155 feet to the place of beginning. TO HAVE AND TO HOLD said premises to said grantee, the City of Fayetteville, Arkansas, for the uses and purposes hereinbefore described. �{1WITNESS our hands and seals on this day of 1977. ' r s•umart agc f ACKNOWLEDGMENT STATE OF ARKANSAS ) )SS J ?l!5 COUNTY OF WASHINGTON ) On this e�� day ub �,appeared before me, the undeceigns clary Public, persona y appzared Truman E. Yancey and Sylvia M. Yancoy, known to me to be the grantors in the foregoing Easement, and stated that they had executed same'frr, the purposea and consideration therein mentioned adiPC' 0--forth, y nose Whereof, I hereunto set my hf. and this 4oy of.�,. .d�cf.C.__ 19,77. i u OT6.r)- '::;; A&' ;s y Gnmmis,0i..en Expires: Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 5 of 20 PETITION TO VACATE A PORTION OF A UTILITY/ROAD EASEMENT LOCATED IN LOT 1, BLOCK 32 OF THE ORIGINAL PLAT OF THE TOWN OF FAYETTEVILLE,CITY OF FAYETTEVILLE,WASHINGTON COUNTY ARKANSAS. TO: The Fayetteville City Planning Commission and the Fayetteville City Council We,the undersigned,being all the owners of the real estate encompassing a portion of the easement hereinafter sought to be abandoned and vacated,lying in Lot 1, Block 32 of the Original Plat of the Town of Fayetteville,City of Fayetteville, Washington County,Arkansas, a municipal corporation,petition to vacate a utility/road easement which is described as follows: That portion of the easement filed for record In Washington County,Arkansas In Book 958 at Page 705 described as follows: Commencing at the Northeast Corner of said Block 32 being a point on the South Right-of-Way of W Mountain Street and the West Line of Church Avenue as shown on the Original Plat of the Town of Fayetteville, Run thence along said Mountain Street R/W West(N89059'09"W measured)a distance of 2.50 Feet to the Point of Beginning(POB)of said vacation;thence continuing along said R/W West(N89'59109"W measured)a distance of 7.50 Feet; thence leaving said R/W and running South (500°16'18"W measured)a distance of 55.00 Feet to the a point 1 foot, more or less,south of a 1.5 foot high brick wall;thence with said Wall Line East(N89051'14"E measured)7.50 Feet to a point 2.5 feet off the West R/W line of Church Avenue; thence North(N00°16'18"E measured)along said R/W a distance of 55.00 Feet,more or less,to the Point of Beginning containing 0.009 acres(412.5 SF),more or less,and leaving 2.5 feet of the easement in place directly adjacent to Church Avenue to maintain minimum City required R/W,said bearings are referenced from an Engineering Survey filed for record in Book 2007 at Page 1127,Washington County,Arkansas and the vacation is Encompassed by the Property Described in Deed of Record In Book 2005 at Page 34587,Washington County,Arkansas; That the public Interest and welfare of the abutting real estate to the easement used by the publicfor many years,said properties being the remaining portions of Lot 1, Block32 of the Original Plat of the Town of Fayetteville and the Original Church Avenue R/W Owned by the City of Fayetteville,will not be adversely affected. The petitioners further pray that the above described real estate be vested in the abutting/encompassing 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/road easements,and that title to said real estate sought to be abandoned be vested in the abutting/encompassing 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 easement. Dated thisZ�day of 2013. r Printed Name Ue Slgnature J Printed Name Slgnature Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 6 of 20 LOCUST AVE. I 0 0 c z n z i A O L N x I � M M M r � A !�1 m - � I I - i 1 -1 III 1 CHURCH AVE. ye vt le ENGINEERING DIVISION Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 7 of 20 `� 11 0 X X �� - 5, X —' X ry AVE. 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I Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 10 of 20 UTILITY APPROVAL FORM FOR RIGHT-OF-\NAY,ALLEY,AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Al 4,T APPLICANTNAME: '.'`s! _ _ APPLICANTPI-IONE: REQUESTED VACATION(applicant must check a! that oppQy: '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 1 have been notified of the petition to vacate the following(allev.easement, right-of-way),described as Ibllowst General location I Address(referring to attached document-must be completed*") (ATTACH legal description and graphic represenlaflmt ajwhaf is being vacated-SURVE)q UTILITY COMPANY COfv[MEN'rS: No objections to the vacation(s)described above. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) X No objections provided the following conditions arc met: I'm,< R6L17CA(r1Of'3 OF OR 'DAMG1e� T6 EXISTlr' C ATT r—Nc lt- le5 WtTRtA1 T1-16 VACKWI) RIRE.H Wit-L l'36 0,ARED 'Fo12 AT "rHe 'P90PE7zr'e Owli.3i a 's Gxp6tJSlI e Signature of Utility Company Representative CD-so 1Jyl-- I elle .dvgaaf?Olt duke Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 11 of 20 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT YACATIONS DATE: 3/219201 - UTILITY COMPANY: LOX APPLICANT NAME: �� _ APPI,ICAN'r PIION E: REQUESTED V ACAI'ION(applicane must check all that apply): ` Utility Easement Right-of-way foralley orsheets and all utility casements located within the vacated right-nf-way, Alley ,'Street right-of-way, I have been notified orthe petition to vacate the following(alley,easement.richt-gf-tvgv)•described as follows: General location/Address(referring to attached document-must be completed") (A TTACH legal description andgraphicrapresentadon oftvhnlfs being vnented-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. No objections to the vacation(s)described above.provided following described easements are retained. (State the location,dimensions,and purpose below.) I ling aerial W hies along Church Avenue must remain within a utility easement. _ No objections provided the 1101 lowing conditions are met: i � �f Sign3wrc of Utility Cnmp3ny Repres5pdtivc NWA C.'onstrtiction Planner 'title n„g,n,aas Page 5 Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 12 of 20 UTILITY APPROVAL FORM FOR RICHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: FOaA/ 'L>mYSr^ y7 UTILITY COMPANY: AFP ��Q,��/�/� APPLICANT NAME: J� U, �, __..—_—_ APPLICANT PHONE: —r a •- r�.� �ft44 RFQUESTED VACATION(applicant must check all that apply): ��T—� '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-o(--way),described as follows: General location/Address(referring to attached document-must be completed") (ATTACH legal description Lend graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: _ J No objections to the vacation(s)described above. p No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) a No objections provided the following conditions are mer. Signa'v pool�'Utility Company Repr native U t/tS�, rll I✓ICft� Title August 2012 Page 5 Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 13 of 20 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: '� r UTILITY COMPANY: APPLICANTNAME: _._• _ ._ _- . APPLICANT PHONE; REQUESTED VACATION(applicant must check ad that apply): "'IRIlity Easement Right-of-way for alley or streets and all utility easements located within the vacated right-o6 way, Alley `/Street right-of-way 1 have been notified of the petition to vacate the following(aflev.easentent,right-of-way),described us follows; General location/Address(referring to attached document-must be completed") _ ir._ , asl t;lJ 71 . ' r1� (ATTACH legal descriptionndndgraphic representation of what Is being vocnletl-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vocation(s)described above. No objections to the vocation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No oblections provided the following conditions are met: 5iginlurc rill ityCnnryegv rescntutive I'it I e August 2022 Page 5 Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 14 of 20 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS llAIE: J !r UTILITY COMPANY: APPL ICANT NAME: APPLICANT PHONE: `. -. �,>7 �_/• ,t .1 RFQUFSTED V A CATION (appdicanr muss check all dhal apply): 'Utility Easement Rigbt-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(edlev. easement, right-of-tvay),described as follows: General location/Address(referring to attached document-must be completed") (ATTACH legal description and graphic represenlafion of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: nn E{' P Te L� +o �o objections to the vacation(s)described above. T{1 t 5 IS I n41 rr t'- rU 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 mel: sign, •'ol' yC)mpany cprescgttativc G egr5A0- S-�z k1 A-J,� re C I itis Ar,ps,1011 Page 5 Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 15 of 20 UTILITY APPROVAL. FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: APPLICANTNAME:._,.- __ _ __APPLICAN'C PFIONF . REQUESTED VACATION(applicant nn+sr check aLl thal appo); v"Utility Easement Right-of-way for alley or streets and all utility easements located Within the vacated right-or-way, Alley ""Street right-of-way I have been notified of the petition to vacate the following(aIlev. easement right-qf wav),described as Rtllows: General location/Address(referring to attached document-must be completed**) r (ATTACH legal description an graphic representation ajwhat is being vacated-SURVEY) UTILITY COMPANY COMMENTS: X No objections to the vacation(s)described above. No objections to the vocation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: Siguature of Utility Compa y Representative Title n ug,ur 2012 Nage S Planning Commission August 26,2013 Agenda Item 2 VAC13-4459 Rudasill Page 16 of 20