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HomeMy WebLinkAbout2015-07-27 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting July 27, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the July 13, 2015 meeting. 2. VAC 15-5116: Vacation (808 N. HIGHLAND AVE./TUCKER, 445): Submitted by JOSEF TUCKER for property located at 808 N. HIGHLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a utility easement. Planner: Quin Thompson Old Business 3. ADM 15-5111 Administrative Item (UDC AMENDMENT CHAPTER 163.03: BED AND BREAKFAST FACILITIES AND CHAPTER 151: DEFINITIONS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 163.03. The proposal is to modify bed and breakfast facility definition and use conditions. Planner: Quin Thompson 4. ADM 15-5088 Administrative Item (UDC AMENDMENT CHAPTER 172.05 NOW RESIDENTIAL PARKING REQUIREMENTS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 172.05.The proposal is to remove minimum parking standards for non-residential uses. Planner: Quin Thompson New Business 5. VAR 15-5115: Variance (690 N. BETTY JO DR./DOYLE, 523): Submitted by JAMES DOYLE for property located at 690 N. BETTY JO DR. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.30 acres. The request is for a variance of the fence height requirement. Planner: Quin Thompson Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. CUP 15-5121: Conditional Use (SE CORNER OF STEELE & JOYCE BLVDS./CMN LOT 9E-BUFFALO WILD WINGS, 134/173): Submitted by RICKETT ENGINEERING for property located at the SE CORNER OF STEELE & JOYCE BLVDS. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 1.72 acres. The request is for additional parking. Planner: Andrew Garner 7. LSD 15-5120: Large Scale Development (SE CORNER OF STEELE & JOYCE BLVDS./CMN LOT 9E-BUFFALO WILD WINGS, 134/173): Submitted by RICKETT ENGINEERING for property located at S.E. CORNER OF STEELE & JOYCE BLVDS. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 1.72 acres. The request is for construction of a 5,005 square foot restaurant with associated parking. Planner: Andrew Garner 8. VAR 15-5133: Variance (1640 E. ROCKWOOD TRAIL/SMART, 485): Submitted by LESLIE SMART for property located at 1640 E. ROCKWOOD TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.67 acres. The request is for variance of the maximum size of an Accessory Dwelling Unit. Planner: Jesse Fulcher 9. ADM 15-5140: Administrative Item (1549 E. JOYCE BLVD./BANK OF THE OZARKS, 175): Submitted by POLK, STANLEY, WILCOX ARCHITECTS for property located at 1549 E. JOYCE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.96 acres. The request is a variance of the commercial design standards. Planner: Quin Thompson 10. ADM 15-5135: Administrative Item (RUPPLE ROW SUBDIVISION PZD AMENDMENT, 439): Submitted by ROB KIMBEL for properties located in the RUPPLE ROW SUBDIVISION.The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT RUPPLE ROW (R- PZD 05-1547) and contain approximately 41.70 acres. The request is an amendment to the PZD to modify the zoning of the duplexes and triplexes on Wordsworth Lane to allow up to four unrelated persons to live in each dwelling unit. Planner: Andrew Garner 11. CUP 15-5119: Conditional Use (3332 E. CARMEL LN./HAYS, 411): Submitted by JORGENSEN & ASSOCIATES for property located at 3332 E. CARMEL LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 3.53 acres. The request is for a tandem lot. Planner: Jesse Fulcher 12. CUP 15-5112: Conditional Use (2183 N. COLLEGE AVE./BLUE OCEAN LOUNGE, 368): Submitted by NYLISHA BEASLEY for property located at 2183 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.95 acres. The request is for a dance hall and lounge in an existing 5,000 square foot structure. Planner: Quin Thompson 13. ADM 15-5124: Administrative Item (UDC Chapters 166/COMMERCIAL DESIGN STANDARDS): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 166 for a minor clarification to the commercial design standards. Planner: Andrew Garner The following items have been approved administratively by staff: 2 Announcements Adjourn NOTICE TO MEMBERS OF THE AUDIENCE: All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Once the Chairrecognizes 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. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission July 13, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble — Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson — Staff Engineer, and Kit Williams—City Attorney 1. Call to Order: 5:30 PM, William Chesser 2. In Attendance: Thomas Brown, William Chesser, Tracy Hoskins, Matthew Hoffman, Ron Autry, Ryan Noble, and Kyle Cook Absent: Sarah Bunch, Janet Selby Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Chris Brown, Jonathan Ely, and Kit Williams 3. Consent Agenda: Approval of the minutes from the June 22, 2015 meeting. CCP 15-5105: Concurrent Plat (845 & 847 S. ROSE AVEJ NMK, LLC., 560): Submitted by ENGINEERING SERVICES, INC. for property located at 845 & 847 ROSE AVE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.20 acres. The request is to re-plat 1 existing lot into 2 single lots containing approximately 0.09 and 0.11 acres each. CCP 15-5106: Concurrent Plat (829 & 831 S. ROSE AVEJ NMK, LLC., 560): Submitted by ENGINEERING SERVICES, INC. for property located at 829 & 831 ROSE AVE. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE and contains approximately 0.25 acres. The request is to re-plat 1 existing lot into 2 single lots containing approximately 0.14 and 0.11 acres each. Motion: Commissioner Cook made a motion to approve the consent agenda. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Mailing Address: Planning Commission 113 W. Mountain Street www.fayeN !W9Z,3P.6bv Fayetteville,AR 72701 Agenda Item 1 7-13-2015 Minutes Page 1 of 12 4. Old Business: ADM 15-5093: Administrative Item (UDC Chapters 161, 164 and 172/SINGLE FAMILY INFILL STANDARDS): Submitted by CITY PLANNING STAFF for revisions to Chapters 161, 164 and 172 to modify the bulk and area regulations to encourage small-lot, single family infill in multi-family zoning districts, and to include minimum design standards for this type of development. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Commissioner Chesser asked about changes since the last meeting. Fulcher described the changes to two-family lots. Commissioner Hoffman asked about how the lot changes could influence building design. Fulcher discussed various scenarios and stated that the changes should make building designs worse. That is really a product of the design and not lot size. Commissioner Hoskins stated that wider lots may encourage a more linear design with buildings turned sideways rather than along the street. Commissioner Hoskins asked about the density and lot standards in each district. Andrew Garner, City Planning Director, stated that the lot standards are based on the density of each district. Commissioner Hoskins asked why there are two different side setback requirements. Fulcher stated that smaller homes would not need a larger side setback, but that taller multi- family buildings normally need greater separation from adjacent properties. Commissioner Chesser asked about townhouse development. Fulcher discussed the various codes that allow townhouse development. Commissioner Hoskins asked about the development standards required when development involves more than a two-family units —grading, drainage, etc. Fulcher discusses drainage impacts that can be created from development without drainage improvements. Garner discussed that these were Chapter 166, Development items and something that could be discussed separately from the current code amendments related to zoning. Commissioner Cook stated that he appreciated staff looking at these code amendments. Planning Commission July 27,2012 Agenda Item 1 7-13-2015 Minutes Page 2 of 12 Motion: Commissioner Cook made a motion to forward ADM 15-5093 recommending approval as proposed by staff. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 27,2015 Agenda Item 1 7-13-2015 Minutes Page 3 of 12 ADM 15-5090: Administrative Item (AMENDMENT TO THE MINIMUM STREET STANDARDS GUIDELINE- UDC CHAPTER 171, STREETS & SIDEWALKS): Submitted by CITY ENGINEERING STAFF for revisions to Chapter 171 to modify the Minimum Street Standards Guideline. Chris Brown, City Engineer, gave the staff report. A purpose statement has been added to the code; language related to retaining wall locations has been adjusted. The procedure for vacations has been amended slightly. Most of the rest of it is removing some of the technical things out of the code but will now be in the minimum street standards design manual. We have been working on this for multiple years. It has been through the Transportation Committee with a recommendation for approval. No public comment was presented. Commissioner Hoskins discussed that a lot of it will be taken out of the UDC and placed in a manual. Where can they find this manual? Brown discussed the location on the website for developers and applicants to access this manual. Commissioner Hoskins asked if there are significant changes in the code and if so, have you talked to engineers about the changes. Brown discussed that they have sent this draft manual to engineers over the last few months for them to use. We have some new materials in our street design manual that will be allowed such as Superpave. Commissioner Hoskins discussed his only problem is that flexibility is sometimes ambiguous. Brown indicated that the big thing we heard complaints about were the curb return radius for new urbanism projects and we have addressed that. Commissioner Hoffman asked about the extent of the changes. Brown discussed that these standards build upon the Master Street Plan. The biggest change really was the intersections. Really throughout the document we have changed the document to reflect the current Master Street Plan. This is a much more fine-grained look at development requirements. Commissioner Hoffman discussed that bike lanes often have a grade change or a change in materiality in other countries; have we addressed that? Brown discussed that we do not specifically address that. I don't know if it goes that far in that particular chapter. Commissioner Cook asked for comments from the City Attorney. City Attorney applauded staff for their efforts. However, he discussed that a reference to a manual in the ordinance makes it law and allowing the City Engineer to change the manual is changing the law. He discussed that we can make some changes to the wording of this Planning Commission July 27,2019 Agenda Item 1 7-13-2015 Minutes Page 4 of 12 code to allow certain variance approvals to the City Engineer and actual changes to the manual will need to go through City Council for approval. We can keep the same sort of flexibility but if something comes up that we need to change the manual, that should go through City Council. I don't want to delay this and we can work through the wording to this on the way to City Council. Commissioner Chesser asked the City Attorney about the motion to forward this item. Commissioner Cook discussed a potential concern with losing consistency by allowing this increased flexibility. Commissioner Brown thanked staff for their intents behind everything they are doing here. Commissioner Hoskins asked why certain technical items were in the manual and some were not. Brown discussed the placement of items in the manual. Commissioner Brown asked if their objectives have been met? Brown indicated, yes. Motion: Commissioner Brown made a motion to forward ADM 15-5090 recommending approval with the understanding that Engineering will work with the City Attorney's office to address concerns brought up at the meeting. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 27,2015 Agenda Item 1 7-13-2015 Minutes Page 5 of 12 New Business: ADM 15-5134 Administrative Item (MISSION HEIGHTS SUBDIVISION): Submitted by LAWRENCE FINN for a major modification to PPL 14-4698, Mission Heights Subdivision. The applicant proposes to modify a street intersection which would require a variance of the street design requirements. Jonathan Ely, Construction and Engineering Service Manager, gave the staff report. He discussed conditions recommended. Lawrence Finn, applicant, indicated agreement with the conditions of approval. No public comment was presented. Commissioner Brown asked about site lines in the curve and fencing and vegetation. Garner discussed provision in our development codes that will require review of site lines and fence and vegetation location. Motion: Commissioner Hoskins made a motion to approve ADM 15-5134 as recommended by staff. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 27,2016 Agenda Item 1 7-13-2015 Minutes Page 6 of 12 LSD 15-5098: Large Scale Development (4030 N. COLLEGE AVE./WHATABURGER, 135/174): Submitted by CRAFTON TULL for property located at 4030 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains approximately 1.98 acres. The request is for construction of a 3,600 square foot restaurant with associated parking. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. Ronald Watkins, Applicant, was present to answer questions. Tracy Hoskins, Commissioner, noted that the east elevation had been revised and improved as discussed at Subdivision Committee. He alerted the applicant that there is a limit on the number of wall signs a building may have, and that the elevations appeared to be in excess of that limit. Watkins said that he understood. William Chesser, Vice Chair, asked staff if the proposed signage met code requirements. Andrew Garner, City Planning Director, said that it did not. He added that signage is not reviewed/approved in the LSD [Large Scale Development] process. Hoskins said that the east elevation appeared to have adequate articulation without the signage being required. Ron Autry, Commissioner, agreed that the elevation met all requirements and did not need the sign. Tom Brown, Commissioner, said that articulation and signage had been discussed only as examples of ways to improve the elevation, and that he had not intended to require the sign specifically. He added that he appreciated seeing sidewalk added to the College Avenue frontage. Motion: Commissioner Cook made a motion to approve LSD 15-5098 with conditions recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 27,2019 Agenda Item 1 7-13-2015 Minutes Page 7 of 12 RZN 15-5103: Rezone (1837 W. MITCHELL ST./DUNN, 520): Submitted by BLEW & ASSOCIATES for property located at 1837 W. MITCHELL ST. The property is zoned RMF- 24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Quin Thompson, Current Planner, gave the staff report. Motion: Commissioner Hoskins made a motion to forward RZN 15-5103 with a recommendation of approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission Jury 27,2016 Agenda Item 1 7-13-2015 Minutes Page 8 of 12 ADM 15-5111 Administrative Item (UDC AMENDMENT CHAPTER 163.03 BED AND BREAKFAST FACILITIES): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 163.03. The proposal is to modify the use conditions for a bed and breakfast facility. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. William Chesser, Vice Chair, suggested revisions to further reduce regulation of meal service within bed and breakfast facilities. Tracy Hoskins, Commissioner, said these facilities should be allowed to serve all types of meals should be allowed to overnight guests. Motion: Commissioner Hoskins made a motion to table ADM 15-5111 for two weeks, requesting staff make changes to the code as discussed at the meeting. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 27,2019 Agenda Item 1 7-13-2015 Minutes Page 9 of 12 ADM 15-5088 Administrative Item (UDC AMENDMENT CHAPTER 172.05 NON- RESIDENTIAL PARKING REQUIREMENTS): Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapters 172.05. The proposal is to remove minimum parking standards for non-residential uses. Quin Thompson, Current Planner, gave the staff report. No public comment was presented. Tom Brown, Commissioner, distributed a list of comments he wished to be discussed and said that he suggested that the existing parking ordinance be expanded to provide developers and option to reduce parking but to pay a fee in-lieu to the City. He said that a detailed description of the intent of the ordinance should be included, describing the goal of the fee to transition Fayetteville to a walkable and bike-able City. Tracy Hoskins, Commissioner, said that had read the ordinance and felt that the Brown argument was counter to the goal. He said it is important that development move away from designing parking lots for the 'day after Thanksgiving'. He acknowledged that removing the parking requirement would likely cause the occasional problem where a developer had overbuilt, but said that it would not cause as many problems as it would cure. He added that the developer is best placed to make decisions about project needs. Matthew Hoffman, Commissioner, said that regulations that require minimum parking numbers do not promote a livable city. Thompson said that staff was recommending that the item be tabled to allow discussion. Hoskins asked staff if the ordinance did not remove Table 4, Parking Occupancy Rates completely. Thompson replied that the tabled would remain in the ordinance unchanged, but only in order to enforce maximum allowed parking numbers. William Chesser, Vice Chair, said he believes in applying regulation to improve the City, but in this case removal of regulation would be a benefit. He said that he supported on-street parking with sidewalks protected by parked cars as one of the very best ways to promote pedestrian safety and encourage people to walk. Hoffman said he agreed with Mr. Chesser. Brown asked if the current fee in-lieu would be affected by the proposal. Andrew Garner, City Planning Director, said that the fee would not be needed without parking minimums. Brown said it will take years to improve the City for pedestrians, that the proposal was not appropriate for the downtown, and said that it was important to transition over time to a walking and biking culture, which construction of parking decks would achieve while protecting residential neighborhoods. He said that the requirement with a fee in-lieu would be a tool allowing the City to have a conversation with developers. Planning Commission July 27,2010 Agenda Item 1 7-13-2015 Minutes Page 10 of 12 Kyle Cook, Commissioner, said he understood Mr. Brown's concerns, especially because of where he lives [Entertainment District]. He said the discussion is about non-residential parking minimums,which standards already do not apply downtown due to metered parking, which effectively removes the minimum parking standard. Brown said that removal of minimum parking standards was appropriate in less urbanized areas. He said that removing minimums does not preclude removing parking. Hoskins said that this would not lead to dramatic changes. He said that removing the parking maximum numbers would create a construction boom. He added that developers want more parking, not less. He said that this proposal was for a different kind of developer, and that it would be a mistake to change the proposal into a punitive ordinance. Brown said that his [fee in-lieu] proposal was not punitive. He said that the City may need another parking deck in the future, in order to make Fayetteville a more walkable city, and a fee is a way to fund that. Hoskins disagreed, saying that the fee in-lieu was a charge in order not to build something you don't want. Hoffman said that everyone in the room loves Fayetteville, that what he sees is a disturbing land use pattern, with most land devoted to parking lots. He said that any ordinance which encourages this needed to go away immediately. He added that this may push car parking into streets and out of parking lots, but that it would encourage better land use. Brown said that everyone present was trying to do the same thing, but the question was how best to achieve it. He asked if we should do it all at once or slowly. He repeated his suggestion that the City needs a transitional period, and that the fee in-lieu is needed to make the City more walkable and bike-able. Motion #1: Commissioner Hoskins made a motion to forward ADM 15-5088. Commissioner Hoffman seconded the motion. No vote was taken. Motion #2: Commissioner Brown made a motion to table ADM 15-5088 to the next meeting. Commissioner Chesser seconded the meeting. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission July 27,2013 Agenda Item 1 7-13-2015 Minutes Page 11 of 12 5. Reports: No reports 6. Announcements: 7. Adjournment Time: 7:31 PM 8. Submitted by: City Planning Division Planning Commission July 27,2012 Agenda Item 1 7-13-2015 Minutes Page 12 of 12 CITY OF ayevi le PLANNING COMMISSION MEMO YARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Quin Thompson, Current Planner MEETING DATE: July 27, 2015 SUBJECT: VAC 15-5116: Vacation (808 N. HIGHLAND AVE./TUCKER, 445): Submitted by JOSEF TUCKER for property located at 808 N. HIGHLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.33 acres. The request is to vacate a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5116 with conditions of approval. BACKGROUND: The Property is located at 808 N Highland, and contains a 2616 square foot residence built in 1936. The property has unused 20' utility easement on the south boundary, which was retained after an alley right-of-way vacation (Ord 3308, 1986). The surrounding zoning and land uses are depicted in Table 1, Table 1 -Surroun Ing Zoning and Land Use Direction Land Use Zoning from Site North Single-family Residential RSF-4 South Single-family Residential RSF-4 East Single-family Residential RSF-4 West Single-family Residential RSF-4 Proposal: The applicant proposes vacation of an unused portion of platted utility easement containing approximately 3,400 square feet. DISCUSSION: This is a fully built out neighborhood, without any expectation that the easement will be needed in future. Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and applicable franchise utilities, with the following responses: Mailing Address: Jul n27 2015 Commission 113 W. Mountain Street wwwfayett9'VAG QAv2 Fayetteville, AR 72701 15-5116 Tucker Page 1 of 17 UTILITIES RESPONSE Cox Communications No objections with conditions AEP/SWEPCO No objections Source Gas No objections AT&T No objections with conditions Ozarks Electric No objections CITY OF FAYETTEVILLE RESPONSE Water/Sewer No objections Transportation No objections Public Comment: An adjoining property owner returned the comment from with no objection. RECOMMENDATION: Staff recommends forwarding VAC 15-5116 with the following conditions: Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense 2. Legal Descriptions must be revised to address the City GIS Division comments before the item will be submitted to City Council. Planning Commission Action: O Approved Q Forwarded O Denied Meeting Date: July 27, 2015 Motion: Second: Vote: BUDGET/STAFF IMPACT: None. Attachments: • Cover Letter • Petition to Vacate Planning Commission July 27,2015 GAETC\Development Services Review\2015\Development Review\15-5116 VAC 808 N. Agenda Item 2 Highland Ave. (Tucker)\03 Planning Commission\07-27-2015\Comments and Redlines 15-5116 Tucker Page 2 of 17 • Adjacent landowners approval • Utility Approvals • Easement Vacation Exhibit • Aerial Image One Mile Map • Close Up Map Planning Commission July 27,2015 GAETC\Development Services Review\2015\Development Review\15-5116 VAC 608 N. Agenda Item 2 Highland Ave.(Tucker)\03 Planning Commission\07-27-2015\Comments and Redlines 15-5116 Tucker Page 3 of 17 Dear City Staff and Planning Commission, 6115115 1 am writing to request a vacation of the utility easement running along the south border of my property at 808 N. Highland Ave, Fayetteville,AR. I've attached a legal description and a survey,as well as the City's Utility Approval Form with my full application. There is currently an unused 20'utility easement that remains after ordinance 3300 vacated the former Crest Lane between Highland and Pollard Avenues. That Is the easement I would like vacated. All of the utility managers and city departments have voiced approval of the vacation, so hopefully you can move to approve it also. Please let me know if I can provide any further information. I appreciate your help in this matter. Sincar osef uc r, Owner, 808 N. Highland Ave. 479-531-7658 'tuckartl5litancitorearl Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 4 of 17 PgJaM&TGOVACATE A UTILITY EASEMENT LOCATED IN BLOCK ELEVEN(11)IN CITY PARK ADDITION AND LOT FOUR 4 IN BLOCK TEN 10 OF A.L. TRENT'S REVISED PLAT TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being the owners of the real estate abutting the utility easement sought to be abandoned and vacated,lying in Block 1 I in City Park Addition to the City of Fayetteville, a municipal corporation,and Lot Numbered Four(4)in Block Numbered Ten(10)in the A.L. Trent to the City of Fayetteville, a municipal corporation,petition to vacate an easement which is described as follows: • A twenty-foot(20)utility easement occupying the vacated' former alleyway of Crest Lane between the two real estate properties further described below.2 • 806 N.Highland Avenue,Fayetteville,Arkansas 72701,more specifically described as: a part of Block 11 and a Part of the South half of that unopended portion of Crest Lane lying between Highland Avenue and Pollard Avenue as vacated and abandoned by the City of Fayetteville, Arkansas, by ordinance No. 3308 recorded in Book 1258 at page 892, records of Washington County, Arkansas, all in City Park Addition to the City of Fayetteville,Arkansas, and all together being more particularly described as follows: Beginning at the NW Comer of said Block 11; thence North 00 degrees 11 minutes 40 seconds West along the East right of way of Highland Avenue 10.00 feet to an existing iron in the center of said vacated Crest Lane 169.86 feet; thence South 89 degrees 46 minutes 05 seconds East along the center of said vacated Crest Lane 169.86 feet; thence South 00 degrees 06 minutes 39 seconds East 87.01 feet to an existing iron pipe;thence North 89 degrees58 minutes 31 seconds West 169.73 feet to an existing iron on the West line of said Block 11;thence North 00 degrees! I minutes 40 seconds West 77.62 feet to the point of beginning Less and except public roads and rights of way and any easements of record. • 808 N.Highland Avenue,Fayetteville,Arkansas 72701, more specifically described as: Lot Numbered Four(4)in Block Numbered Ten (10)in the A.L. Trent to the City of Fayetteville, as designated upon A. L. Trent's Revised Plat of said Addition recorded as Plat No. 125 of the Plat Records in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. And, all the North Half(N 1/2) of the unopened portion of Crest Lane lying between Highland Avenue and Pollard Avenue which lies adjacent to the South line of said Lot Numbered Four(4)as vacated and abandoned by the City of Fayetteville,Arkansas, in Ordinance No. 3308 recorded in Record Book 1258 at Page 892 of the records of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. AND A limited easement for ingress and egress on, over and across a Part of Block 11 of City Park Addition to the City of Fayetteville, Arkansas,which is limited to and more specifically described as lands lying between the rock wall located on the Northern portion of said Block 1 I and the South line of Lot Four(4)in Block Ten (10), of said A. L. Trent's Revised Plat. ' City of Fayetteville Ordinance#3308(Book 1258-892)vacated Crest lane. 3 See also a(lached documents. Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 5 of 17 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: :� 1 CT 1 I l� Address!to tion of vacation! _��� f _(�,_• �'I(_ �' 11ctsLr� � (� _ __ Adjacent property address: r'�•�� 7 rT yI Lot: i" Block; Subdivision; l REQUESTED VACATION: I have been notified of the p on to vacate the follosviag(!will c eI svn�anl,right-of-way),descn as to]Jows� �Tt CJ S�F� Cc tier (Include legal description and grdpkie repreeenralion of wbal is being vacated) ' ADJACENT PROPERTY OWNERS COMMENTS: 0 I have been notified of the requested vacation and decline to comment. x 1 do not object to the vacation described above. C I do object to the requested vacation because: Pro1 ect Name r__-- --- - -- I homaS R Bulger Name5"1 tot Property Owner(printed) Signat aceni Property Owner Applicant Name Decrmhe.20/4 Pape G Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 6 of 17 UTELM APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPA APPLICANTNAME: 71t°. -ax5:— APPLICANTPHONE:—L��I�- _j�� .t8 RE/QUESTED VACATION(applicant must check all that apply): (Y Utility Easement Right-of--way for alley or streets and all utility easements located within the vacated right-of-way. C Alley L Street right-of-way I have been notified of the petition to vacate tilt following(alley,easementt,(right-*wqy),described ts1tb1 110ws: -,D General location IAddress�(,t,}y A - 1:3 ❑ (ATTAC6l legal description a graphic representation of what is being vacatedSDRVEP) UTILITY COMPANY COMIviENTS: No objections to the vacation(s)described above,and no comments. ri No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: 15Live 20 'Sigoal0frof Utility Company Representative p)Iztcrop- p y 1 rl�Er1►ti'S Title C rl y Of �AYq-j 7 kV)LLti DrC ber 2614 Page 5 Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 7 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND /// UTILITY EASEMENT VACATIONS DATE: UTILITY COMPA Cox Communit3.ti APPLTCANTNAME; -z'5e_� __L_ � APPLICANT PHONE:Ji RE/QUESTED VACATION(applicantmastcheck ggthat apply); G.1S �d .$1'e�✓1'C9wv V Utility Easement 1. Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. C Alley C Street right-of-way I have been notified of the petition to vacate the following(alley,easement,right-of--way),described as follows, General location/Address rr rrf�'�' Iia ' Q�j Q ❑ (ATTACH legal description and graphic representation of what is being vacated-SUR VE 39 UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s)described above,and no comments. C 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 are met: Any damage to or relocation of our existing fadities will be at the owners/developers expense. 6jg alure of Utility Company Representative Title Deamber 2014 Page 5 - Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 8 of 17 VnLTPY APPROVAL FORM FORRIGHT-OF-WAY,AI I EY,AND UTIIdTYEASEMENTVACATIONS. PATE- -57 UTi MCOMPANY_ _SV.L&Jrf eQ 60, APPLICANfNAMp: ��i�LL--'Z APPLICANT PHONE: � REQUESTED VACATION(appBca tmastckeckp1rkaraPPly): ,� .a.. &vw^ M Utility Easement ❑ 1UW"-of--way for a11ey or%t and all utility easemrnls Coated adthio tlw vac LLed right.o€way. U Alley C Stread -*tway ' 1 have Asea notified ofthe petition m vaattthe WOWbV(alley,eawmen5 rkW-*way),de M1W as�Jbl`lowls: ) GMeMbaaoa7Addrasa 206 ❑ (ATrACHkgaldeecrlpon adgrapkk rWasedodon ofwkstb bdegvooled-SDRYEF) U/TLLTI'1'COMPANY Ct1 : tX No objections to the vacations)deseribed.above,wd no•commenu. 4 NO objections to the vacetRon(s)deseribod above,provided f uowieg desm1w easameift are wanted. (State the 2oca6on,dimax[ons,and purpose below.) ❑ No objections provided the fbWwingwii"oos am met SigontuseofUt>7ilyCompaayltepre ve r . . VIf/ON OLfi Title D&0mj6er2014 Peg*5 Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 9 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: a- // UTILITY C MPAN : ���r j �(P -4 L ' APPLICANT NAME: 9,.->5&-1 Tit It rT APPLICANT PHONE: 91M-j REQUESTED VACATION(applicant rnustcheck all that apply): V UtilityFasement t, Right-0f--way for alley or streets and all utility easements located within the vacated right-of way. I_ Alley r'. Street right-of-way I have been notified of the petifiiian to vacate the following(alley, easemenll,,(rlghl-nJ-wuy),described nstfollows: J I {A1 General locatioalAddresa_ e A-- _(1.( ez:�d6 ❑ (AnACITlegal description in—d-graphic represenlution of what is being vacaledSURYEF) UTILCIY COMPANY COMMENTS: x No objections to the vaestion(s)described above,and no comments. No objections to the vaeation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are mel: FsoattiVe of Utifi ompany Rcpresentative Lead Staking Tech Title aee4mba2ohl Page 5 Planning Commission U L�5 Agenda Item 2 15-5116 Tucker Page 10 of 17 UTILITY APPROVAL FORM FOR RICHT-OF-WAY,,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITYCOVIPANY: V 1 _ + L 7c+ x- APPLICANT NAME: ^,� .c:'. kL,l,y�}' APPLICANT PHONE ( __f -� LL RE/QUESTED VACATION(applicant mast check all that apply): V 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: I -{�� 1J / nn `` Certenllocation l Address �`„ 1'( I t.t�' �J_x r�C-'6 lV. I'"1.� '^�L•� I'�jr'uY�L1 AIII (AT7ACH legal description and graphic represerttation of what is being vacaled-SURVEY) UTILITY COMPANY COMMENTS: _ No objections to the vacation(s)described above,and no comments. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) X No objections provided the following conditions are met: If any AT&T facilities are required to be relocated due to the easement vacancy will be the responsibility of the developer/ property owner. Sjgnayttek of 1ltili[ Company Representative MGR OSP Plng & Engrg Design Title o.-amne.1014 ^rise i Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 11 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY CO,+APAN : 6 APPLICANTNAME: 24e4 "c. APPLICANT PHONE:J( REQUESTED VACATION(applIcarn most check gli that apply): Utility Easement I; Rfght-of-way for alley or streets and all utility easements located within the vacated right-of-way. F` Alley C Street right-of-way ' 1 have been noti&ed of the petition to vacate the following(alley,easement,right-of-way),described asIfoiitows: General location t Address_L1A%R )?,� es i o o t0 `y. ❑ (ATTACH Iegoldescrip[ionan gropAlerepresentationofwhatIsheingvacated-SURVE}) UTILITY COMPANY COMMENTS: 9TINo objections to the vacation(s)described above,and no comments. L No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) No objections provided the following conditions are met: �,ArNry sr Signature opUdIftyCompanyRepresentative Title T FMnmber 2014 rage s - - - - — —- - P12nn'ng Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 12 of 17 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: UTILITY C MPA APPLICANTNAME: _� - w(.H�s�- APPLICANT PHONE:�I-•I{ 7—�Ig M.c REQUESTED VACATION(applicant mass check ZR that apply): "' „��✓!f.CS�r] �c.n �re V UHIityEssement [%. Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. U. Allay C Street rightof--way I have been notified of the petition to vacate fire following(alley,easemem,right--of--way),described as follows: ' I •/'(n/1 General location/Address, ic-G de t I_ A R ❑ (ATTACH lop/description gad graphic representation of what is being vacated-SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above,and no comments. ❑ No objections to the vacations)described above,provided following described easements are retained. (State the location,dimensions,and purpose below) �] No objections provided the following conditions are met: Si(odture op3tility Compaayny Representative ),��.a) Title December 1010 Post 3 Planning Commission July 27,2015 Agenda Item 2 15-5116 Tucker Page 13 of 17 (AL/8 �9 '1lVHdSV� _ HnxffeP 17JOYIa g' ,�6tHson'C�ow dl .n '6 M Q4 14A0N LM/a 00 o CD ,.a o ,ci� it b res Nb •� S !r X- 0 C y {m nlm — A � $ F w m 4 � � z w 3>'m o a. Nm I qq b N 0 Z A � $p¢ rrl Mi � z 07 a1 zv_ � v � r o n A Z m Z A o A o� c PI nning Commission dtily 27,2015 Agenda Item 2 15-5116 Tucker Page 14 of 17 7 Ir. �i b•. "* .f� n'W i • I• 1.�dl � I G I Sra r •'h�'Il y:1� ��IIP +1 rill. I . ' r sit �4