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Home My WebLink About2013-10-14 - 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 Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting October 14, 2013 A meeting of the Fayetteville Planning Commission will be held on October 14, 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 September 23, 2013 meeting. 2. VAC 13-4491: Vacation (2315 & 2319 N. MARKS MILL LN./ZWEIG, 329): Submitted by ALAN REID AND ASSOCIATES for properties located at 2315 AND 2319 NORTH MARKS MILL LANE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contains a total of 0.36 acres. The request is to vacate a utility easement. Planner: Quin Thompson 3. VAC 13-4493: Vacation (491 E. FAIRWAY LN./JARRETT, 680): Submitted by GRAY ROCK, LLC for property located at 491 EAST FAIRWAY LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains a total of 1.15 acres. The request is to vacate a utility easement. Planner: Jesse Fulcher 4. VAC 13-4501: Vacation (3466 E. JASPER LN./KINNEY, 061): Submitted by ERIC HELLER for property located at 3466 EAST JASPER LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains a total of 0.32 acres. The request is to vacate a drainage easement. Planner: Jesse Fulcher 5. VAC 13-4503: Vacation (516 & 518 S. EASTERN AVE./U OF A, 521): Submitted by MCGOODWIN, WILLIAMS & YATES for properties located at 516 AND 518 SOUTH EASTERN AVENUE. The properties are zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains a total of 5.66 acres. The request is to vacate a right-of-way and two alleys on the subject property. Planner: Andrew Garner 6. ADM 13-4525: Administrative Item (CORNER OF W. WATSON ST. & N. ST. CHARLES AVE./PARKING VARIANCE, 484): Submitted KAREN KING for property located at the CORNER OF WEST WATSON STREET AND NORTH SAINT CHARLES AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.98 acres. The applicant proposes to remove three parking spaces that were approved as off-site parking spaces for Theo's restaurant on their property in 2005. The applicant requests a parking variance to pay money-in-lieu for these three spaces. Planner: Quin Thompson New Business: 7. ADM 13-4489: Administrative Item (617 N. COLLEGE AVE.BOUCHEE BISTRO, 134): Submitted by VINCE PIANALTO 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. Planner: Quin Thompson 8. PPL 13-4437: Preliminary Plat (CORNER OF N. OAKLAND AND ZION RD./OAK CREEK ESTATES, 257): Submitted by MILHOLLAND COMPANY for property located at the CORNER OF NORTH OAKLAND AND ZION ROAD. The property is in the PLANNING AREA and contains approximately 16.21 acres. The request is for a residential subdivision with 9 single family lots. Planner: Andrew Garner 9. CUP 13-4499: Conditional Use Permit (4081 N. CROSSOVER RD./NAPLES, 138): Submitted by JORGENSEN AND ASSOCIATES for property located at 4081 NORTH CROSSOVER ROAD. The property contains approximately 6 acres zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND R-O, RESIDENTIAL-OFFICE. The request is for a conditional use permit to allow a tandem lot. Planner: Andrew Garner 10. ADM 13-4510 Administrative Item (CHAPTER 166.08 ACCESS MANAGEMENT). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 166.08. The proposal is to amend block layout and connectivity requirements. Planner: Jesse Fulcher 11. ADM 13-4511 Administrative Item (CHAPTER 151.01 DEFINITIONS). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter 151.01. The proposal is to amend the definition of a tandem lot. Planner: Jesse Fulcher 12. ADM 13-4486: Administrative Item (UNIFIED DEVELOPMENT CODE AMENDMENT TO CHAPTER 178, OUTDOOR VENDORS): Submitted by SUSTAINABILITY AND STRATEGIC PLANNING STAFF to amend chapter 178, Outdoor Vendors. Several changes are proposed including the allowance of outdoor mobile vendor courts and an increase in the permit timeframe. Planner: Leif Olson The following item has been approved administratively by staff, • LSP 13-4496: Lot Split (424 W. PRAIRIE ST./CHURCH PROPERTIES, 523): Submitted by JACOBS & NEWELL COMPANY for property located at 424 WEST PRAIRIE STREET. The property is zoned DG, DOWNTOWN GENERAL and contains one lot totaling 0.19 acres. The request is for a lot split to the subject properties resulting into three tracts of approximately 0.07, 0.06, and 0.06 acres. Planner: Andrew Garner NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda Item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Planning Commission September 23, 2013 Page I of 8 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on September 23,2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: September 9, 2013 Approved Page 3 ADM 13-4488: Administrative Item (DICKSON ST. & WEST AVE./WATERS,484): Page 3 Approved VAC 13-4478: Vacation (TWIN CREEKS VILLAGE LOT 19B4, 211): Page 3 Approved CCP 13-4484 Concurrent Plat(OAKBROOKE III REPLAT,361): Page 3 Approved ADM 13-4506: Administrative Item (124 W. SOUTH ST./BAILEY, 523): Page 3 Approved New Business: ADM 13-4487 (LINKS AT FAYETTEVILLE PZD MODIFICATION#3): Page 4 Forwarded Old Business: CUP 13-4456: Conditional Use Permit(ADVENTURE SUBARU/2269 HENBEST RD,324): Page 5 Approved CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD., 522): Page 6 Denied October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 1 of 8 Planning Commission September 23, 2013 Page 2 of 8 MEMBERS PRESENT MEMBERS ABSENT Blake Pennington Kyle Cook Ryan Noble William Chesser Craig Honchell Sarah Bunch Ron Autry Tracy Hoskins Porter Winston STAFF PRESENT Andrew Garner Jesse Fulcher Quin Thompson Glenn Newman 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 Commissioners Cook,Bunch, and Chesser. October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 2 of 8 Planning Commission September 23, 2013 Page 3 of 8 Consent. Approval of the minutes from the September 9,2013 meeting. ADM 13-4488:Administrative Item(DICKSON ST.&WEST AVE./WATERS,484): Submitted by JON WATERS for property located SOUTHEAST CORNER OF DICKSON STREET AND WEST AVENUE.The property is zoned MSC,MAIN STREET CENTER and is on the public sidewalk.The request is a variance for a sidewalk vendor cart that is five inches wider than permitted. VAC 13-4478: Vacation (TWIN CREEKS VILLAGE LOT 19B4, 211): Submitted by MCCLELLAND CONSULTING for property located at 163 VAN ASCHE LOOP. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.18 acres.The request is to vacate a portion of a drainage easement on property. CCP 13-4484: Concurrent Plat (OAKBROOKE III REPEAT, 361): Submitted by BATES AND ASSOCIATES for property located at OAKBROOKE RPZD. The property is zoned RPZD,RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 2.16 acres. The request is to replat 10 existing lots into 17 single-family lots. ADM 13-4506: Administrative Item(124 W. SOUTH ST./BAILEY,523): Submitted by LISA SKILES for property located at 124 WEST SOUTH STREET.The property is zoned DG,DOWNTOWN GENERAL and contains a total of 0.05 acre. The request is a variance of the Downtown Design Overlay District requirements to permit a privacy fence for a new single family residence. Motion: Commissioner Winston made a motion to approve the consent agenda. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 5-0-1,with Commissioner Hoskins abstaining. Cook arrived after consent agenda. October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 3 of 8 Planning Commission September 23, 2013 Page 4 of 8 New Business: ADM 13-4487 (LINKS AT FAYETTEVILLE PZD MODIFICATION#3): Submitted by Jorgensen and Associates, Inc. for property located on the north side of Wedington drive and east of Rupple Road. The property is zoned R-PZD 07-2452 and contains approximately 152.23 acres.The request is to modify the zoning criteria for Planning Area 1 to allow a drive-thru restaurant at the northeast corner of Wedington Drive and Golf Club Drive and to modify the architectural design requirements. Andrew Garner Senior Planner gave the staff report. Justin Jorgensen, applicant,was present. Public Comment: Bruce Goff,lives in the Cheveaux condos to the northeast.He discussed issues with notification and them not being notified as individual condo owners.We have no understanding of this proposal.We have not had time to understand what is going on. He discussed concerns with noise from a drive-thru window and issues with vehicular cross access with Cross Church adjacent to the east.We request more time to understand what's going on. No more public comment was presented. Commissioner Hoskins asked about limitations of the hours of operation and connections. Garner discussed that there are no limitation on the hours of operation under the zoning or PZD and that cross access with Cross Church would be reviewed at the time of development review. Commissioner Winston asked the applicant if they would be willing to meet with the neighbors.He also asked about the drive-thru location. Garner discussed the location of the drive-thru in relation to the closest residences to the northeast that are not directly adjacent to this site. Justin Jorgensen, applicant, discussed that they are willing to meet with the neighbors to address their concerns. Motion: Commissioner Winston made a motion to forward ADM 13-4487 to City Council with a recommendation for approval with the following considerations: #1: The applicant should meet with the concerned neighborhood. #2: The recommendation that City Council be sensitive to the neighborhood concerns,in particular the location of the speaker for the drive-thru window. Commissioner Cook seconded the motion. . October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 4 of 8 Planning Commission September 23, 2013 Page 5 of 8 Upon roll call the motion passed with a vote of 7-0-0. Old Business: 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. Jesse Fulcher, Current Planner,read the staff report. David Nelms, applicant, stated they continue to grow and don't know how the volume might change moving forward.They will install the sidewalk and trees and use pavers.Would like to amend the conditions as follows: 1)Don't require landscape bed/shrubs;2)Allow expanded parking area until the lot is developed,no time limit; and 3)Allow display area in the build-to zone without screen wall. Commissioner Hoskins asked if staff is requiring a screen wall. Andrew Garner, Senior Planner, stated no,but it is required if they want to put display in the build-to zone. Nelms stated that they should have changed the site plan to match their request. Commissiner Hoskins asked if they will still need to park cars at the old location on College if this is granted. Nelms stated no. Garner stated that shrubs are required along any parking lot. Commissioner Honchell stated that temporary is monthly.Four years is a long time.Hate to drive by 10 years from now. Was comfortable with request,but not with all of the last minute changes. Commissioner Porter asked if we can vary wall requirement. Garner stated yes,but should probably table request to allow everyone time to review the changes. Commissioner Porter asked the applicant what they would do with more time,would eight years be okay with regards to installing the landscaping or building the wall. Nelms stated that staff is asking for long-term improvements, but we have to look at the time frame being presented,which is four years. We would prefer to have a decision tonight. Commissioner Porter stated he liked grass pave parking lot and is okay with a longer time grame. Motion: Commissioner Winston made a motion to approve CUP 13-4456 as follows: 1) Finding in favor of the parking lot expansion; 2) Conditional use is valid for 8 years; 3) Display allowed within build-to zone without a screen wall;and 4)Trees,shrubs and sidewalk are required. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 5-2-0 with Commissioner Honchell and Hoskins October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 5 of 8 Planning Commission September 23, 2013 Page 6 of 8 voting `no'. CUP 13-4454: Conditional Use Permit(1001 W MARTIN LUTHER KING BLVD.,522): Submitted by JOHN DAVIDSON for property located at 1001 W MARTIN LUTHER KING BLVD.The property is zoned RMF-24,RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 4.67 acres. The request is for a conditional use for a parking lot. Quin Thompson,Current Planner,read the staff report and read comments made to him before the meeting by Vicki Thomas, Superintendent of the Fayetteville Public Schools, indicating that the FPS could support the parking lot only if a safe connection could be made across MLK BLVD; she said that a bridge, tunnel, or signalized crossing at Buchannan Street would be considered safe. John Davidson,applicant,spoke to the need for students and families to have safe parking near the Fayetteville High School (FHS.) He stated that he had met with FHS principal Jacobi as well as some school board members. He noted that this subject property is the last remaining piece of undeveloped land in the area that could serve this function.He said that no student would be allowed to park in the lot without a parent signature on a waiver approved by the FPS. Davidson stated that a state traffic engineer had reviewed capacity and design of the pedestrian crossing at Stadium Drive and found that the crossing was adequate to serve the area with the additional load from the parking lot. Scotty Mouldy,parent of a former FHS student, said that parking is a major issue for families of students at FHS, and agreed that safety was the most important issue. Melissa Butler,parent of 2 students at FHS,said that parking was `atrocious' and that parking in the proposed lot would be safer than parking early and late in adjacent neighborhoods. Alison Blake,parent,said that safety was a concern,and that the proposed lot would be a reasonable use for the property. Aubrey Shephard,citizen, said that he lives downstream and is concerned about stormwater runoff from the proposed project, and from the new apartment development [the Vue] on the hilltop. He said that the stream passing through the property was the Town Branch,which flows to the west fork of the White River. Shephard discussed stormwater flow from surrounding streets and hills,and noted that he has lived in the area for 17 years and flooding is a real danger in the area. Rich Wy(sp),parent of students at FHS, said the lack of parking was an issue that had been discussed during the design process for the High School renovation and addition. Ron Autry,Commissioner,stated that if 4 students came in every car that would park at the proposed lot,then as many as 550 kids would be crossing MLK.He said that given the parking numbers provided,the proposed lot would not solve the parking shortage. Tracy Hoskins, Commissioner, asked about how the project would impact the streamside buffer zone. Davidson replied that the project is outside of the zone. Hoskins asked staff about traffic safety on MLK, and whether pedestrians had been injured crossing MLK. October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 6 of 8 Planning Commission September 23, 2013 Page 7 of 8 Thompson said that the Fayetteville Police Department had provided accident reports for the area, and that MLK sees frequent accidents at the intersections nearest the proposed project. He said that he understood a student at FHS had been killed while crossing MLK on foot some years ago, but that he had not been able to verify that. Kyle Cook, Commissioner, stated that the proposed lot was too small to meet the need, and would not be a significant solution to the problem. Autry said that he was concerned that kids would pile into a car in larger numbers than the law allows, thus making the crossing situation worse. Porter Winston, Commissioner, stated that he would support a parking structure but could not support a surface lot. Craig Honchell,Commission Chair, said that he was concerned about high traffic volumes on MLK and kids crossing in large groups at peak times. He said it was not a long term solution, and would not support the project. Hoskins said that the proposal is a start, and that the project could be made safe, but the cost would make it unfeasible. He said that he would need to see a full proposal with more detail before he could consider giving his support. Davidson said that the FHS principal and parents agree that the parking lot would be very important in alleviating the parking problem and that ultimately parents of students would not let their children use the lot if they felt it was unsafe. Motion: Commissioner Winston made a motion to deny CUP 13-4454. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 7 of 8 Planning Commission September 23, 2013 Page 8 of 8 There being no further business, the meeting was adjourned at 7:24 PM. October 14,2013 Planning Commission PC Minutes 09-23-13 Agenda Item 1 Page 8 of 8 • aye evlle PC Meeting of October 14, 2013 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 THRU: Jeremy Pate, Development Services Director DATE: October 8, 2013 VAC 13-4491: Vacation (2315 & 2319 N. MARKS MILL LN./ZWEIG, 329): Submitted by ALAN REID AND ASSOCIATES for properties located at 2315 AND 2319 NORTH MARKS MILL LANE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contains a total of 0.36 acres. The request is to vacate a utility easement. Planner: Quin Thompson Findings: Property and Background: The subject property is located south of Township Street and northwest of Marks Mill Lane in the Summit Place subdivision. The applicant is in the process of adjusting the property lines of three adjacent lots (PLA 13-4441) which will result in the elimination of the center lot. A General Utility Easement is platted on a boundary line that will be moved; the easement will be unnecessary and at the same time restrict development of the lot on which it is located. There are currently no utilities within the subject easement. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Stormwater Detention/Undeveloped NC, Neighborhood Conservation South Single family residential NC, Neighborhood Conservation East Single family residential NC, Neighborhood Conservation West Mixed Commerical I Single family C-2, Thoroughfare Commercial/ residential NC, Neighborhood Conservation Request: The applicant requests a vacation of an unused general utility easement as indicated on the submitted exhibit. Easement Vacation Approval: Permissions from the franchise utilities and City utility departments have been granted. Public Comment: No public comment has been received. G:\ETC\Development Services Review\2013\Development Review\13-4491 VAC 2315&2319 Marks Mill Ln(Zweig)\03 Planning Commission\10-14-2013\Comments and Redlines October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 1 of 16 Recommendation: The subject general utility casement is not necessary and restricts development of the proposed lot on which it occurs. Staff recommends forwarding VAC 13-4491 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: October 14,2013 Motion: Second: Vote: Notes: G:\ETC\DeveIoprnmtServices Review\2013\Development Review\I3-4491 VAC 2315&2319 Marks Mill Ln(Zweig)\03 Planning Commission\10-14-2013\Comments and Redlines October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 2 of 16 Alan,AReid PROFESSIONAL LAND SURVEYORS September 3, 2013 City of Fayetteville Planning&Engineering 125 West Mountain Street Fayetteville, Arkansas 72701 Re: Utility Easement Vacation Dear Planner, On behalf of my clients, TMS Development and Mark Zweig,Inc.,I am submitting for your review a proposed utility casement vacation. The easement is ten(10)feet in width and is centered on the boundary line between Lots 117& 118 of Summit Place Subdivision. My client is in the process of obtaining a property line adjustment of Lots 117, 118 & 119 of said Summit Place Subdivision. His intent is to eliminate Lot 118,thus enlarging the remaining two lots. An easement vacation is being requested to remove that easement which would restrict his new building area. The easement which is being asked to be vacated contains no utility services. Arkansas One Call has visited the site and confirms this. I have received approval to vacate the easement from all utilities companies. If you have any questions or comments, please contact me at: 479444-8784. Best regards,, 4 -sz AlA Reid Professional Land Survyeor 118 S. College Avenue Fayetteville, Arkansas 72701 479 444 8784 arasurveying@sbcglobal.net October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 3 of 16 gj;S&e JIM! C. v EEEtxxx' m`m�€ �q. °EF •� •kF o � x#A _C. 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Request It final&showinK this easement vacation be 9Mt to m ' ffice Via Sspanaee IAI�y Caa�y Repo w (`nn¢rn Winn Al-n viii - Tile hps17a11 >tiV� October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 5 of 16 IIrHXffAPPROVAL FORK FORRNI -0FWAY.ALLEVeAND if17I.11Y YA�110TdMl VAG'110N8 OA18: ��I S'13 MUM CO1i q AlmcarI' am 4dE//_hLvq ]E%1, AMJCANIPIiQRd6:!S❑B-3@1-8�k. 1 MQUB1ZMIVACAY[ON(WOMWAMW MKOWgpW: X �Q� ❑ RWsof W Jhr dby or smoss nd mH mift ONWA abeNiedVftk*AV=dbddAW4MAW- 0 ABey 0 sovae4il lbwsbmmdQedofMpWanb �w09.dmorbedrmYowc QrmelblmllM/Aid�rr(pdmhiAb etleebeddoatmret-�tbsmo�IrMd'h 00 Z311SIZIM kALieS10� �4FA4iA*gnrrdliiD= UrUM CMPANY OObdM@718: a No objrabdbdeewpdaol(e)dsslbedebora 0 ?b MJeodomblbereeabnG)dssf6drrw'RP��ldeer�rdaer-mben:edrBmd, chowdubombs.4k1"d er.mdpmpombebera �( Nodgednrprw dodgwhu wbg000M mmmeb -&I;!Lr Pope �..ru A., October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 6 of 16 UTELffy APPROVAL FORM FOR MWIM OF.WAV,ALM,AND VrnM1AUM9NrVACATXM �,�; IS ►3 UMMY COMPANr: L APPLICANTNAME APPUCANPPUONE:iAAL-Q-4LI REQUEMW VACATION(anRnor mwd a )• UdHW EMMM ❑ atilftof„ryiordWor roen.oa.Ru�hye..�mNo teAwlDlomeaalaa+lyht wa• ❑ Aft ❑ S"d r1o"f Aw ibrvebwomtl0ado[IYpdtlfaYbv�ta1001CbRo��F(PP4%�f/ ��b�bwt Gwrel YatlN/AddnM(rdertmtib+otdthOd dfOr"tet-mu>tt�60—/amgb�'h 00 T51517-311 #14BILs kj'� (ArrACffAIWAmoWmA['WAdcesnm&Wmafu"kAftM UTILITY COMPANY CONNE iM: j? No objWdM b dw vwwdoo(e)doelydW zbwa. ❑ NooWoAmW6cvwio*)dom*a*oMpw"blowiMdmmUdWAmmb ewWaed. (8We me bwtla�,dlnarion�..ap.pow briar.) ❑ I&abjocdm pffAM 6v Ill condill MOW &ga Aft 5W adUdMq C�Pw9Aapw+atMha Lead Stakina Tech 71de y.mn PWS October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 7 of 16 UTHM APPROVAL FORM F'OR RIGHT-OF-WAY,ALI",AND VlDATYSAIll VACATTONS azB: ItllSll3 U'Al1TYCOMPANY: APPLICANTNAME NAaw Zgz,,(, cr• _APPUCANPPHOIM-!^A OU`` � RHQUESIEDVACAliOx(alpppgalsaartat y�eioeappgr): Udlia Ea=cW . ❑ Ri&-cf-way for allay or sueft and all udllty monau looted w11bm tbo vuded fight-of way. ❑ Alley ❑ Sheurightot=wsy I have bemt aadfied oftho pelithaID vacac fire Agondog(aft4;�r✓ rrry),desodvd es M10m: Gaaaral Ioeadoo/Addrew(re$rewil m attached dorameoth mad beoampksod 0) 2315�z3t�y � J(��t. Lai( t •?1-703 _ 02TACK AW AWMW=MdPWJ&MPMOkIll 411 bdWvwm"MlMJ) LrMrrY COMPANY COA•A&Nf3: xo ob)ecdoos toft vemdoo(s)dowribodahova ❑ NooWwdowtotovaaadoo(s)dowledobove,provide MawiogdoatbedaeemomammUMO& (SbfttbC focedm6 dlMCW0096 ardporpoae below.) ❑ Noabjoctiors provldedtlre lhallowiagooaddoos creme[: Si atwaofAtilttyCbaPrmy ve TWO antip,W5 r1�1 October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 8 of 16 UTUMAMWVALFong W!lill OF-WAY.ALLWY,AM UFKMV iAAtAUW VACATMM DATE 8115113 UMMCOMPANY' APPLWAMNAMM k0A. -1AUEEGFIPV ^APAUC►NTPfiO; -30-041 REQtMgMDVACAnMWill MMW Vt4%yy Amy&=no D Aidsof+ryfatra�w�aWrdiaWgea�e�erlabaloiwliYlssar�id►Y•irg. O Alley 0 ft"A l"t."W I hexa b—AM"offt P WMM b were r 8�hli(��W f+M7�iewill fiowc G besrr/Ariol(miIbrs3eddoenMirrYeah a (A7TA[SAOKrsy/w�/r�lle�eabYtw i/�i�bArW�eor unufY OowmY COh9i3M8: NoobJeolbosbtlrworial(ydanihadebovn O NeabJs6orM/4ewa�dee(i)iavadebox4pwdAdfnBwbLde�+Ao�ewwrrroe°�+Nb°d ('i W e is barba�arorr rA�poee bde�' 6 NoaEjeplouporidd$cbYoWhlraooOliouaebat IN81gr CemPMI'� �sSSIAA�"'7XA✓SPcel�laJ Mq/IA�'f% ,Tide ,"man p,si October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 9 of 16 / VfII M APPROVAL FORM FORLICB[--0E-MAY,AUl=,AND I WI ITY LABiM AT VACOMM L+ATB: g'15�1� UTILMOOMPANY. RF.QI APPLICANTNAVAACATIOi ��/ rtlr APPIdCANTPHONE: ' X Ulflby Roams ❑ M&M-oPw9'6orYleyoroaftndall Willy waoeo4batedwilhinaevamodphFof-way. ❑ Alley A' ❑ SoersriSbro4way Ihavebow wMado(dwpWfttovacMdwhbwiag ds*wfraw%dmaWedmBillows: c�mal NatNa/Ad/ras(redadoL o stlarbed doawloot-ooac be 7 f .. 2315 , X03 (.fTl"koddmmWrmldPMktoom WwMwAWkA*wMaleAlr.4l�VYP1 MILMYCOWANYCONDAE •TS: f N°ebjee6eesoot6evacatloMe)daeetbedeba'Q E ❑ Noobiad ecoodwveodoe(s)dmalbedebovaamvwedtouoatoLdmcdbodweemwbxL-mmoed. t? (30"d's b¢M^dim®iom sod pspm bdow) � ❑ Noobjeaiaespwvidedtl*MbwiesaediommometSliI I Llip�0moorUllft C I Rgpmonadvo �L�iS[ZW SLYJW/•lI i�i��Mb�_M Tbte I eryelr]Oft ApJ i I�. October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 10 of 16 UTUM APPROVAL FORM PORTS 1'-OFNAY.AIA".A!19 02UATV LAYFFiIfl'VACAIMM UnUff COMPANY• APMCAN NAML lWAF*—2j�iue_/11W5 OtS1 APMWANTMWN f:�' -V RHQUWTEDVACAnON(*�lt+.awafrdt� +. bl J( ulft samon" O Ali[aE..yr�r.�ryar.pwl..amatl�gar®m�oeYaA.ilYei�s..ara�a�.rq. O All 0 Fareswry l hpe6arm eodFda[de p�flim b ersade AAbw1�F(�,srbYq�weP)v dmddr foilowe CrwY InsMar/Aider(iefrlesb tlY�addOao�a�F arelars k r�pred'h 03 pn,�c��rt.,,,,; UMM Y COMPANY COka/EM'S: {� Nuoelesbrb�harradoo(ar)drQ®ede6ova O NuagjmFOrbiewnKao(ar)drRbeisro�4Pw��'MFdraldrat��ae�irA. (FYsda badw�,drriaarR rd prPoshdoar.) C Noah}dlorpawlMdedlbwlgeoarddrarre¢ 'lI ofllWlty GSI&l° e ,ti..rr.� -TWO, AwWAWi Art October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 11 of 16 vrnzuArP OYALWOMe[ VOt MW-Q5LWAY,MJAV.ADe oTnnvgi p TAl7� ate: i� �s1�3 UrRM00111,11i Alf ' plQI1BRI�YAG'[tbii�ism�i/�lc JK UIDIYBOMM ❑ Bt�•af�r�rDr�R��b��D�g�reeN bordoYYYrYf�7�d'�• ❑ ADW ❑ BCRtON OF 4 6rY Yarm f AAir(e�if YB b rIrM1 A00��Rte[ie aa�ylsd� «� ZSlS Z;1AM&.�S LAULZ O UIMYOWeANYOONI@R& ❑ Noa4jwrisbrvsrb(�)deotf0iore ❑ lYO YaiD�bi�Ra �MS�O'�� `OMOMI��R7Rid (Dl�erb=rl��R��p�pe�tbir) Mvd�dsptwtidrfomwiga�oeet t6 ? ! arar4a+�w>R•a.r+w asp Dssts�►J �r.1�,.��rh Two October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 12 of 16 DESCRIPTION OF EASEMENT TO BE VACATED A TEN (10) FOOT WIDE UTILITY EASEMENT BEING DESCRIBED AS FOLLOWS:A PART OF LOT 117 & 118 OF THE CORRECTED REPLAT OF PHASE 1, SUMMIT PLACE SUBDIVISION, FAYETTEVILLE, ARKANSAS, AS PER THE RECORDED CORRECTED REPLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, SUBJECT TO EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 117;THENCE S45°13'13"W 5.00 FEET ALONG THE SOUTH LINE OF SAID LOT 117 TO THE SOUTHWEST CORNER OF SAID 10 FOOT WIDE EASEMENT; THENCE LEAVING THE SOUTH LINE OF SAID LOT 117 AND RUINING PARALLEL WITH THE BOUNDARY LINE BETWEEN LOTS 117 & 118, N44°2600"W 137.28 FEET ALONG THE WESTERN BOUNDARY OF SAID EASEMENT TO A POINT ON THE SOUTH BOUNDARY OF AN EXISTING 20 FOOT WIDE ACCESS AND UTILITY EASEMENT; THENCE N55°14'04"E 5.07 FEET ALONG THE SOUTH LINE SAID 20 FOOTACCESS AND UTILITY EASEMENTTO A POINT ON THE BOUNDARY LINE BETWEEN LOTS 117 & 118;THENCE N55°20'41"E 5.07 FEET ALONG THE SOUTH LINE OF SAID 20 FOOT ACCESS AND UTILITY EASEMENT TO THE NORTHEAST CORNER OF SAID 10 FOOT WIDE EASEMENT TO BE VACATED;THENCE LEAVING THE SOUTH LINE OF SAID 20 FOOT ACCESS AND UTILITY EASEMENT AND RUINING PARALLEL WITH THE BOUNDARY LINE BETWEEN LOTS 117 & 118, $44°25'00"E 135.50 FEET ALONG THE EASTERN BOUNDARY OF SAID EASEMENT TO A POINT ON THE SOUTH BOUNDARY OF SAID LOT 118;THENCE 545913'13"W 5.00 FEET TO THE POINT OF BEGINNING. October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 13 of 16 VAC13-4491 ZWE I G Close Up View - •1-'• Y rr i ,. SUBJECT PROPERTY L J RI seTrail e Trails kkeville Ci AC 13-4491 Footprints 2010 _ Hillside-Hilltop Ov Irlay District Design Overlay Di trict Design Overlay Di trict 0 37.5 75 150 225 300 ----- Planning Area Feet October 14,2013 VAC 13-4491 Zweig Agenda Item 2 Page 14 of 16 i i err ��3• f,:•r,- tet• � � r�N i jr 971 + i .�•i jay •� '1Ma l• h :�.i+. j' 'A rFmo i 14 iT m W1 lrp a t � 4 - f1I /^ d i.•.� t �� y��.:..z f- r ' !- 1 � l-- `�r,l l � f!�ie �� . •rtl 1 1 1 October 14,2013 Planning Commission VAC 13-4491 Zweig Agenda Item 2 Page 16 of 16 Tayet eville PC Meeting of October 14, 2013 ARKANSAS 1'11L CA t;' (-W IAYLALVILLL, A Rk AN SAS 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: October 14, 2013 VAC 13-4493: Vacation (491 E. FAIRWAY LN./JARRETT, 680): Submitted by GRAY ROCK, LLC for property located at 491 EAST FAIRWAY LANE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains a total of 1.15 acres. The request is to vacate a utility easement. Planner: Jesse Fulcher Findings: Property Description & Background: The property is located at 491 E. Fairway Lane in the Masters Subdivision on the east side of the Fayetteville Country Club. The property is developed with a single-family residence that was constructed in 2005. A recently completed survey indicates that the home is located within a 25 foot utility easement along the south property. Surrounding land uses are listed in Table 1. Table 1 Surrounding Land Use/Zoning Direction from Site Land Use Zoning North and East Residential Single-family RSF-4 South Undeveloped RSF-4 West Golf Course RSF-4 Request: The applicant's request is to vacate a 25 foot utility easement on the south property line and a portion of a 20 foot utility easement on the west property line (exhibit attached). Easement Vacation Approval: The applicant has submitted the required easement vacation forms to adjacent property owners and all utility companies with no objections. UTILITIES RESPONSE Ozarks Electric N/A Cox Communications No Objections G:\ETC\Development Services Review\2013\Development Review\13-4493 VAC 491 Fairway/Jarrett\I7 Planning Cst,%ggipg'402013 14-2013\Comments and Redlines Planning Commission ADM 134493 Jarrett Agenda Item 3 Page 1 of 14 AEP/SWEPCO No Objections Source Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste N/A Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 13-4493 to the City Council with a recommendation for approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: October 14,2013 Motion: Second: Vote: Notes: &ETC\Development Services Review\20130evelopment Review\13-4493 VAC 491 Fairway/Jarrett\17 Planning CgMiJ6ioqPV02013 14-2013\Comments and Redlines Planning Commission ADM 134493 Jarrett Agenda Item 3 Page 2 of 14 -r C ay GRAY ROCK, LLC. Civil Engineering and Landscape Architecture ®ck 5204 Village Parkway,Suite it PM11#111 Rogers,AR 72758 479.966.4413 October 8, 2013 Jesse Fulcher City of Fayetteville Planning Department Fayetteville, AR 72701 Re: Calvin Jarrett Utility Vacation Fayetteville, AR Jesse, Calvin Jarrett proposes to vacate the utility easement on his southern property line due to the house being accidentally built within the utility easement. He also proposes to vacate a portion of the western utility easement directly behind the residence. The western vacation is requested so that a swimming pool can be constructed in that area. In both instances, there are no existing utilities and all utility companies have agreed to the proposed utility vacations. Thank you, '3ifA-) - M. Dirk Thibodaux, ASLA, PLA Gray Rock, LLC October 14,2013 Planning Commission ADM 134493 Jarrett Agenda Item 3 Page 3 of 14 PETITION TO VACATE AN(easement) LOCATED IN(lot 5,The Masters Subdivision), CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated,lying in lot 5,The Masters Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: (Legal Description to be vacated) That(lie abutting real estate affected by said abandonment of the easement are lot 5.The Masters Subdivision, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas,abandon and vacate the above described real estate, subject,however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. 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 to be free from the easements of the public for the use of said alley. Dated the 3rd day of September, 2013. 'ctrrE F} Calvin Dyed Signature October 14,2013 Planning Commission ADM 134493 Jarrett Agenda Item 3 Page 4 of 14