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HomeMy WebLinkAbout2013-02-25 - Agendas - Final Planning Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve le Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting February 25, 2013 A meeting of the Fayetteville Planning Commission will be held on February 25, 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 Agenda Session Presentations, Reports and Discussion Items Consent. 1. Approval of the minutes from the February 11,2013 meeting. 2. VAC 12-4203: Vacation (HALSELL ROAD SEWER EASEMENTS, 482): Submitted by PLANNING STAFF for properties located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate several existing"blanket' easements in the neighborhood. Planner: Jesse Fulcher Old Business: 3. ADM 13-4316: Administrative Item (1325 E. JOYCE BLVD./LEGACY NATIONAL BANK, 175): Submitted by KSA ARCHITECTURE for property located at 1325 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.56 acres. The request is for a variance of the Access Management Ordinance for a curb cut onto Joyce Boulevard. Planner: Jesse Fulcher New Business: 4. ADM 13-4315: Administrative Item (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE, 284): Submitted by Crafton & Tull for property located at 1352 WEST SHOWROOM DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL, and contains a total of 5.66 acres. The request is for a Floodplain Variance. Floodplain Administrator: Sarah Wrede Planner: Quin Thompson 5. ADM 13-4317: Administrative Item (3078 N. COLLEGE AVENUE, SHAVE THE PLANET 252): Submitted by Eric Siebert for property located at 3078 N. COLLEGE AVENUE. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.80 acres. The request is for a 90-day extension of an outdoor mobile vendor permit. Planner: Andrew Garner 6. LSD 12-4295: Large Scale Development (2530 W. WEDINGTON RD./CASEY GENERAL STORE, 402): Submitted by BATES AND ASSOCIATES for property located at 2530 WEST WEDINGTON ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.54 acres. The request is for 4,223 square foot convenience store with associated parking. Planner: Jesse Fulcher STAFF RECOMMENDS THIS ITEM BE TABLED UNTIL MARCH 11,2013. 7. PPL 13-4304: Preliminary Plat (INTERSECTION OF N. HUGHMOUNT RD. & W. MT. COMFORT RD./HUGHMOUNT VILLAGE, 282): Submitted by ENGINEERING DESIGN ASSOCIATES for property located on NORTH HUGHMOUNT ROAD, NORTH OF WHEELER ROAD (FORMERLY CHERRY HILLS SUBDIVISION). The property is in the PLANNING AREA and contains approximately 54.13 acres. The request is for a residential subdivision with 129 single family lots and 9 common property lots. Planner: Jesse Fulcher THE APPLICANT HAS REQUESTED TO BE TABLED UNTIL MARCH 11,2013. 8. CUP 13-4303: Conditional Use Permit (1421 E. 15TH ST./HARMON RECYCLING, 603): Submitted by BURT HANNA for property located at 1421 EAST 15TH STREET. The property is zoned I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 12.60 acres. The request is for a conditional use permit for a recycling drop-off facility. Planner: Andrew Garner 9. Election of Officers for 2013 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 February 11, 2013 Page I of 7 MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on February 11,2013 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: January 28,2013 Approved Page 3 VAC 13-4298: Vacation (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE, 284): Page 3 Forwarded Old Business: ADM 13-4307: Administrative Item(RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Page 4 Approved New Business: ADM 13-4316: Administrative Item (1325 E. JOYCE BLVD./LEGACY NATIONAL BANK,175): Page 5 Tabled ADM 13-4318: Administrative Item (DRAFT WEDINGTON CORRIDOR PLAN): Page 6 Forwarded February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 1 of 8 Planning Commission February 11, 2013 Page 2 of 7 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Matthew Cabe Kyle Cook Craig Honchell William Chesser Blake Pennington Porter Winston Ryan Noble Sarah Bunch STAFF PRESENT Jesse Fulcher Peter Nierengarten CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members except Cabe were present. February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 2 of 8 Planning Commission February 11, 2013 Page 3 of 7 Consent. Approval of the minutes from the January 28, 2013 meeting. VAC 13-4298: Vacation (1352 W. SHOWROOM DR./FIAT OF FAYETTEVILLE,284): Submitted by CRAFTON TULL&ASSOCIATES forproperty located at 1352 WEST SHOWROOM DRIVE.The property is zoned C-2,THOROUGHFARE COMMERCIAL,and contains a total of 5.66 acres.The request is to vacate an easement. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 3 of 8 Planning Commission February 11, 2013 Page 4 of 7 Old Business: ADM 13-4307: Administrative Item (RE-EVALUATION OF THE AMP CONDITIONAL USE PERMIT 12-4048, 287): Submitted by BRIAN CROWNE for property located at WASHINGTON COUNTY FAIRGROUNDS.The property is zoned R-A,RESIDENTIAL AGRICULTURAL and contains approximately 29.61 acres.The request is for the re-evaluation of CUP 12-4048 that expires on February 27, 2013. Jesse Fulcher, Current Planner,read the staff report. Jeff Pederson, citizen, stated that he was in favor of the Amp. Terry Fallen, citizen, stated she lived in a single-family district and not the entertainment district-wants to enjoy piece and quite of backyard. The Amp is a nuisance that negatively impacts my property. This was supposed to be a temporary location;the approval should be for a shorter period than two years. Commissioner Winston asked what the noise level was for Dickson Street vs. the Amp. Lt. Waters, Fayetteville Police Department, stated that the noise levels are based on the land use and the ordinance is enforced the same. The Amp levels are the same as they were at the previous Mall location. Commissioner Winston asked what the plan was for a permanent location. Brian Crown,the Amp,stated that they were actively pursuing a permanent site.We really wanted to build on the Mall site,but the deal fell through. Commissioner Honchell asked how complaints were addressed. Lt. Waters stated there are officers on site and they run sound checks every hour. No violations of the ordinance have been recorded. Crown stated that they want to be within the ordinance,and work with performers to have sound levels within the code. These are special events and not every day or every weekend events. Commissioner Chesser stated that the variance is the root of the complaint. How often are shows? Crown stated there were 14 shows in 2012. Commissioner Hoskins asked if the tent helped. Crown stated the tent acted like a megaphone and limited the size of the acts. Commissioner Cook asked to hear from the Trails Coordinator Matt Mihalevich, Trails Coordinator, stated that the shared use agreement needed to be completed and that access on the trail by vehicles should be limited to exit only,which is how the Fair uses the trail. Kit Williams, City Attorney, stated that Administration would like to see the trail used for exit only after February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 4 of 8 Planning Commission February 11, 2013 Page 5 of 7 shows. Tom Sizemore,the Amp, stated that traffic management in the area is challenging and that use of the trail for Crown asked if the conditional use could be approved tonight and put off the trail discussion until a later meeting. Williams provided modified language for condition#1, "Use of the trail for ingress into the Amp will not be allowed. Exiting from performances may be permitted subject to City agreements." Motion: Commissioner Hoskins made a motion to approve ADM 13-4307 as modified. Commissioner Noble seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 5 of 8 Planning Commission February 11, 2013 Page 6 of 7 New Business: ADM 13-4316: Administrative Item (1325 E. JOYCE BLVD./LEGACY NATIONAL BANK, 175): Submitted by KSA ARCHITECTURE for property located at 1325 EAST JOYCE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.56 acres. The request is for a variance of the Access Management Ordinance for a curb cut onto Joyce Boulevard. Motion: Commissioner Chesser made a motion to table ADM 13-4316. Commissioner Pennington seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 6 of 8 Planning Commission February 11, 2013 Page 7 of 7 ADM 13-4318: Administrative Item (DRAFT WEDINGTON CORRIDOR PLAN): Submitted by the STRATEGIC PLANNING AND CITY PLANNING DIVISIONS,City staff requests review and comment on the Draft Wedington Corridor Plan Vision Document and Illustrative Plan. Peter Nierengarten,Director of Sustainability and Strategic Planning, went over the plan. Commissioner Hoskins asked about making Shiloh a two-way street. Nierengarten stated the northern leg from Persimmon to Wedington. Commissioner Porter asked about the trail link. Nierengarten stated it will go under the round-a-bout. Commissioner Hoskins asked about the time frame.Can the long range goals be moved to short range goals? Commissioner Honchell stated that he attended the charette and it was well done. Commissioner Hoskins stated that he felt moving the long term goals up was important for the Wedington Corridor Plan and that the Council needs to see that this was amended by the commission. Motion#1: Commissioner Hoskins made a motion to amend ADM 13-4318, moving the long term goals to short term goals. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Motion#2: Commissioner Honchell made a motion to forward ADM 13-4318 as amended. Commissioner Cook 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 7.20 PM. February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 7 of 8 February 25,2013 Planning Commission PC Agenda Minutes 02-11-13 Agenda Item 1 Page 8 of 8 • T1111111' aye evl e PC Meeting of February 25, 2013 AaKANSAS THE CITY OF FAYETTEVILLE, 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: February 20, 2013 VAC 12-4203: Vacation (HALSELL ROAD SEWER EASEMENTS,482): Submitted by PLANNING STAFF for properties located on HALSELL ROAD, OLIVER AVENUE AND MAPLE STREET. All properties are zoned RSF-4, Residential Single-family, 4 units per acre. The request is to vacate several existing "blanket" easements in the neighborhood. Planner: Jesse Fulcher Findings: Property Description and Background: The subject properties are located on Halsell Road, Oliver Avenue and Maple Street. There are a total of 11 separate parcels that are impacted by "blanket" water and sewer easements that were obtained by the City of Fayetteville in the 1950's. The Utilities Department for the City of Fayetteville has reviewed the matter and determined that the blanket easements can be replaced with a standard 20 foot easement centered on the existing sewer line. Request: The City of Fayetteville, on behalf of multiple property owners, is requesting to vacate the existing blanket easements shown on the attached maps and replace them with a standard 20 foot utility easement. Notification: Because the subject easement is only for water and sewer use, staff did not contact representatives from other utility providers. All adjacent property owners were notified of the vacation,pursuant to State law and City ordinance. Each of the impacted property owners were required to sign and return application forms agreeing to the vacation. Staff sent two separate letters to the owners; however, only seven (7) owners responded. The remaining blanket easements will remain in place unless signed authorization is received before the vacation is reviewed by the City Council on March 19, 2013. The remaining property owners may apply for a vacation at any time in the future. G:\ETC\Development services Review\2013\Development Review\12-4203 VAC Halsell blanket easements/Planning Commission\2- 25-13 PC forwarded\Comments and Redlines February 25,2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 1 of 48 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objection. A 20 foot easement shall be dedicated over the existing utility lines. Public Comment: Staff has spoken with many of the property owner and neighbors in this area. No one has objected to the vacation. Recommendation: Staff recommends forwarding VAC 12-4203 to the City Council with a recommendation for approval subject to the following condition: 1. A new 20 foot water and sewer shall be dedicated to the City of Fayetteville before this approval is valid. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: O Forwarded O Denied O Tabled Date: February 25,2013 Motion: Second: Vote: Notes: WEMDevelopment services Review\20MEtevelopment Review\12-4203 VAC Halsell blanket easements/Plaaning Commission\2- 25-13 PC forwarded\Comments and Redlines February 25,2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 2 of 48 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: /- UTILITY COMPANY: APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION(applicant must check all that apply): 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-of-way),described as follows: General location/Address(referring to attached document-must be completed") (ATTACH legal description and graphic representation of what is being vacated-SURVRI9 UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. X No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) r E rn � aSC.-sv� C9z �n � � Or S Jen r=rP No objections provided the following conditions are met: Signature of Utility gcfmpany Representative i Title August2012 February 25,2013 page 5 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 3 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right-of-Way, Easement or Alley VACATION FOR STAFF USE ONLY ogr:r—$�9D 91J Date Application Submitted: Sign Few S5X Date Accepted as Complete: S-T-R: Case/Appeal Number: PPIL Public Hearing Date: Zone: Please fill out this form completely,supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: 11 Applicant Representative Applicant(person making request): Representative(engineer,surveyor,realtor,etc.): Name: City of Fayetteville(Jesse Fulcher) Name: Address: 125 W.Mountain Street Address: Phone: (479) 575-8267 Phone: ( ) Email:jfulcher@ci.fayetteville.ar.us Email: Fax: 479) 575-8202 Fax: ( ) Site Address/Location: 1647& 1623 Maple:426 420&410 Oliver: 1641 1663. 1624& 1666 Halsell' 1660 Markham Legal description of area to be vacated(attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000 765-14501-000,765-14472-000,765-14505-000 765-14529-000 765-14490.000 765-14494-000. 765-14486-000.765-14482-000. 765-14482-001.765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects,to the best of my knowledge and belief,true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness,determination,or approval. I understand that the City might not approve what I am applying for,or might set conditions on approval. Name(printed): Date: I 1 I!31. 10L- Signature: August 1011 February 25,2013 Page I Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 4 of 48 PROPERTY OWNER(S)/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s)of the property that is the subject of this application and that I/we have read this application and consent to its filing. I si ied by Are authorized agent, a letter frain each proi?crQ owner must be Provided indicatin drat the agent is authorized to act on his/her behalf.) Owners(attach additional info if necessary): Name(printed): SeAN VV I �E^J oIZ Address: �(4x /�r= -/O/ Signature: // - ' Date: I� b' , l 5 Phone: ( `QJ) -34^3I-�J(�/`7\y Name(printed): I`I.2.t V bl�E��.V Address: ' U • V�t"�+ �'E 17A-70( Signature:11 V� � Date: / - Phone: (`f?J) S Augusl 2012 February25,2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 5 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address/location of vacation:426 N.Oliver Property address: 426 N. Oliver Lot: Block: Subdivision: Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: Part of the NW/4 NE/4 Sec. 17-16N-30W described as follows; Beginning 209 feet West and 316.5 feet South of NE/c of said 40-acre tract,thence running South 100 feet; thence West 190 feet; thence North 100 feet; thence East 190 feet to place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. O I do object to the requested vacation because: Project Name ti 0 I=of Property O ner(printed) Sign a of Prope Owner August 2012 February 25,2013 Page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 6 of 48 f FiiAEit ]:iUF.i2Ay:eYCiY1! BOOR 489 PARE LY VEM AI,1 M-M III TIMSE PRESMTS: . . harakns£tar � dd �cniitor'a, �sr nnG in aus'ei.bffi 2uu oi' cs hereby of one pollar and other valuabl0 considerations to us in bond pcdd, do hereby groat, Boll and convey to the City of paycttevill', a sunicipal corporation, Vashindton Countqy, Arkoneua, its euccoaecrs and easLgna, a ram tp 0tndr lino easement• to eonetrust, malntnin;-Shy, rolsovo, ro}ay end op and Appurtenances thereto, on, over, screen and under the foilonin5 deecribcd Jandu altunto in WOOhSnSto,, County, Arkansan, to-Vit: Part of Lh®�.NW/4 NE/4 Sac. 17-16N-SOW does. as follows: Be„Snnlnd 209' West and 316 ' South or NE/c Of said-40-acre tract, thence running South . -100'; thence Vest 190,; tbenoe North 1001; thence Eget 190' to place of - bejinnind. ® • TO HAVE AND TO BOLD unto the CSty of Payattevllle� Its successors and ass3,ins,, so long no such Zine end/or appurtenances thereto shall be meintGto0d, with Lnyress to and e„ress Prom the premisee for the purpose of constructing, inspectin„-repaLrinj, mhintalnlag.and oporatind said ELrP. and,eppurtena[n?Ds, And the removal and rel:eWal of meth line at will, in whole or in part. And Iy �r^ ^• *�-^^ Jennie Cate for and in conai ere en o an sulinquieh unto the Cityof Faym sE nwney paid Be cte eraettevSller + foregoing, do hereby role"* and ra aforesaid, an my rt bts of dower and homtntesd is end to the above desacibsd i lands to the extant of the rlshte hereinabovegrautod. i All covenants and s3reementa herein contained shall extend to and be bindihd upon the heirs, exaoutors, admihistratora, legal repreasntativse.and aBei'&na of the parties hereto. . - �' YN•WITNESS MWarOF me have.he.reuntt set our basals this ALdey of .• Aclutonledsment STATE OF ARKANSAS ) COUNTY OF WASHIN'3TON) BE IT REW-10FRFD that on this day came before the undsral,�od, a Notary Public, within and for the Osunty aforesaid, duly covedssioned and satin '. p,„, to me wall known as the erantora in the 'sago n,i m {s s e s e t they had executed the aama for the consideration and pu as therein cantioned and set forth. - � .gSYi• hand and seal an such Notary Public this qday of �i ,1,Eu6r FILED roR RECORD - -•:,, •� WPISNINOTON (AUNTY ARBA.' G,Balch expires ' SEP5 1956 ` AT W IMPRcVFM1=a17 .PISYf2(CT'eZ Y-ev, is,e? i CUTCLer. n��}+evi{Ie�HYkgn�os Februa 25_2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 7 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right-of-Way, Easement or Alley VACATION FOR STAFF USE ONLY r'�c��: $20a0f1 Date Application Submitted: cign n"Lr $5.0p Date Accepted as Complete: S-T-R: Case/Appeal Ntanber: PPiI. Public Hearing Date' Zone-- Please one-Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. AAAticati0I1' Indicate one contact person for this request: V Applicant Representative Applicant(person making request): Representative(engineer,surveyor,realtor, etc.): Name: City of Fayetteville(Jesse Fulcher) Name: Address: 125 W.Mountain Street Address: Phone: (479)575-8267 Phone: ( ) Email:jfulcher@ci.fayetteville.ar.us Email: Fax: (479)575-8202 Fax: ( ) Site Address/Location: 1647 & 1623 Merle;426,420&410 Oliver: 1641, 1663 1624& 1666 Halsell; 1660 Markham Legal description of area to be vacated(attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-14493-000 765-14501-000,765-14472-000, 765-14505-000, 765-14529-000,765-14490-000.765-14494-000,765-14486-000,765-14482-000.765-14482-001,765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data,information,and evidence herewith submitted are in all respects, to the best of my knowledge and belief,true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name(printed): e-] Date: I1 I 1,3 I2 Signature: --- August 2012 February 25,2013 Page 1 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 8 of 48 PROPERTY OWNER(S)/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s)of the property that is the subject of this application and that I/we have read this application and consent to its filing. (Ifsizned by the authm'ized agent aletter%rani each m operh"owner must be Provided indicating tlm( the agent is authorized to act on his/her behalf.) Owners(attach additional info if necessary): J Name(printed): �Gl{E Y !1 W'/ ddCl- Address: Signature:' Date: "(; , LO /-3 Phone:{ ) Name(printed): /i,f 7"Fhe,y,.G l It f, , r.-i-- Address: Signature: Date: .f •1 3 -� ' Phone: ( ) August 2012 February 25,2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 9 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address/location of vacation: 1660 W.Markham Road Property address: 1660 W.Markham Road Lot: Block: Subdivision:Fayetteville outlets REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: Part of the NW/4 NE/4 See. 17-16N-30W described as follows: Beginning 20 feet East of SW/c of said 40-acre tract, thence running East 90 feet; thence North 330 feet; thence West 110 feet; thence South 210 feet; thence East 20 feet; thence South 120 feet to the place of beginning. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. O I do object to the requested vacation because: Project Name Name of 1froperty Owner(printed) 7 Sign4ju�b of Property Owner February 25,2MUS,2012 Planning Commissionage 3 VAC 12-4203 Halsell Road Agenda Item 2 Page 10 of 48 Krsr g rirn E_nsFy T Bim .489 Pm 22 KNOW ALL te'dN .BY TEESE PRRSFMTSv Tha.r[ro, R..- n,;ur B.,Kidder ,,,�,_ and his alfa hot einai'tier s>r 2a"�,ra'" ra for aM In Donal a et ori of the pnyrsont of Onc Dollar and other valuatla considerations to us in bend paid, do hereby Brant, sell and convey to the City of rayetteville, a eaaniolpal corporation, lvaahington County, Arkaneaa, its xuecessora and aesidne, a rl�ht of way and easement to construct, maintain, ley, remove, reloy and operate a caner line and appurt MMQBB tbarato, on, over, aorosa and under the follonind described lMdB altuato in WQUhj.%tan County, Arkansas,-to^vitt Part of IM/4-NE/4 Sec. 17-16N-30W deco. as follows: Belinnia 20' East of SIT/0 of said 40-acre tract, thence runnin3 East 901; thence North 330' ; thence ''.Jest 1101; thence Sovth 210'; thence East 20+; thence South 120' to pleas of be;inning.. ' NOTE.- 2-t being expressly understood that the City, within a vaAaonabls fJ;�, shall restore any area dihtarbod..by Ahura maintehenge to ae user as possible the existing condition at the time of the dinturbanoe. Also that p this Easement is for eanitarlt Sewer Alain so Constructed Fayattavillo Sower tmp�eve apt pl Vt` % d M a oy th e To JAW01040 ay such lite nd/or�y purtaye Doe thbs SiH ell be ma end asalsna, so' lon3 as such line and/or appurtonaacee �6riapeto shall be maintained, Pith in66reao to and e„ress from the premises for the purpae9 of oststruetind, inspemtln3, repalrinS, mhloteintn,; and operatin3 said llrA and ePPurtenences, and the removal and ronewal of such line et will, Sm whole or in part- And I g¢t , wife of the said R6 ar N. Widder , for and in oon�si era nn o as cum of money paid as sine era on or the foragoing, do hereby release and relinquish unto the City of Fayetteville,.,. aforesaid, all cry,ri,;hte of dower avW homestead in.and to the above described lends to the extent of the ri•¢7ta hereinabove granted. All oovanaats and agvaemnts herein anntsined shall extend to and bw binding upon the heirs, executors, adminletratore, 16�Bl repreeentstives ehd sssi.Sns of the parties hereto. IN WITNESS MOW ne have hereunto set our handsthis 9-4day of 3.9'x8. soknowlod�ment • STATE OF ARKANSAS 1 OOUNW OF WASEINITON1 y BE IT RF1MNBRRF,D that on this day came before th6 underalped, a Notary Poblio, within and for the County erorasaid, duly Commissioned and actin's to me well knov/n as tho grantore in the o oof instrument an a ate t they had axeouted the name for the Consideration and purposes therein mentioned and eat forth. WITNESS my hand and seal as such Notary Pu iC hi "W`day of ,,d9J5s, FILED FOR REI " W co:Nsleaion expires:WASHIN0703 COUNTY i !h S£P5 1356 Ai ./rY T v,n i�f93 U gA— u EUS ¢aw - a 9 4 i k 4 Y h T Fehrua 25 2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 11 of 48 CITY OF FAYETTEVILLE, ARKANSAS Right-of-Way, Easement or Alley VACATION roR sT 4 er[ISE 011'LYcn Fn. $2 o" Date Application Submitted: Sign Fea-& BB Date Accepted as Complete: Case 1 APpgal Number , PP#: Public He4raig Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: q Applicant Representative Applicant(person making request): Representative(engineer,surveyor, realtor, etc.): Name: City of Fayetteville(Jesse Fulcher) Name: Address: 125 W.Mountain Street Address: Phone: (479)575-8267 Phone: ( ) Email:jfulcher@ci.fayetteville.ar.us Email: Fax: (479) 575-8202 Fax:( ) Site Address/Location: 1647& 1623 Maple:426.420&410 Oliver: 1641, 1663, 1624& 1666 Halsell; 1660 Markham Legal description of area to be vacated(attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s)for subject property: 765-14493-000, 765-14501-000,765-14472-000, 765-14505-000, 765-14529-000,765-14490-000.765-14494-000,765-14486-000, 765-I4482-000,765-14482-001 765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data,information,and evidence herewith submitted are in all respects, to the best of my knowledge and belief,true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness,determination,or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name(printed): 1r:S'32.-FJ���QT _ Date: 11 , 135 1a- Signature: s August 2012 February 25,2013 Page 1 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 12 of 48 PROPERTY OWNER(S)IAIITHORIZEDAGENT`.I/we certify under penalty of perjury that I am/we are the owner(g)of the property that is the subject of this application and that I/we have read this application and consent to its filing. (Ifsiened by due authorized agent,a letter frost) each property owner must be provided indicadne that the agent is authorized to act on h6Aer behalf.) Owners(attach additional info if necessary),- Name ecessary):Name(printod): F�0V h(li Y-a FYA )42.4 ch Address: Signature: i34df INCL tet, 6".z i-LS,) � Date: J { Zd]3 Phone: ( ) Name(printed): Address: Signature: Date: Phone: ( ) c. #-4p August 2a/2 February25,2013 Page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 13 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: 12/3/2012 Address/location of vacation: 1624 W.Halsell Road(Two Parcels: 765-14482-001 &765-14480-000) Property address: 1624 W.Halsell Road(Two Parcels: 765-14482-001 &765-14480-000) Lot: Block: Subdivision:Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: Part of the NW/4 NE/4 Sec. 17-16N-30W, described as beginning at a point which is 330 feet South of NW/c of said 40-acre tract, and running thence East 396 feet; thence South 300 feet; thence West 396 feet; thence North 330 feet to the point of beginning, containing 2.98 acres, more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. XI do not object to the vacation described above. O I do object to the requested vacation because: Project Name 13ct,�YJC�.(G¢. �✓i�(.eeq� P.xcrl��tr�c Fi"�t IeiCjh Name of Property Owner(printed) �JILc,Y`.�(R FirC Signature of Property Owner August 1012 February 25,2013 Pug,3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 14 of 48 Parcel No.765-14482-001 Parcel No.765-14480-000 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Barbara Fraleigh, formerly Barbara McCluskey, a single person, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas,to-wit: PROPERTY DESCRIPTION: (Deed Book 1410 at Page 331 and Deed Ref. 92-55656) Part of the Northwest Quarter(NW'/) of the Northeast Quarter(NE'/) of Section Seventeen (17), Township Sixteen (16) North, Range Thirty(30)West of the Fifth Principal Meridian, being more particularly described as follows, to-wit: Beginning at a point that is 330.0 feet South and 226.0 feet East of the Northwest (NW) corner of said forty (40) acre tract and running thence East 70 feet, thence South 310 feet, thence West 70 feet, thence North 310 feet, to the point of beginning. AND Part of the Northwest Quarter (NW'/) of the Northeast Quarter (NE1/<) of Section Seventeen (17) in Township Sixteen (16) North of Range Thirty(30)West, being more particularly described as follows, to-wit: Beginning at a point 330 feet South and 296 feet East of the Northwest Corner(NW/C) of said 40-acre tract, and running thence South 330 feet, thence East 100 feet,thence North 300 feet, thence West 100 feet to the point of beginning. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement, being ten (10) feet either side of the centerline of the sewer line as constructed across the property hereinabove described and as shown in the attached Exhibit "A". This easement is to correct and replace that which was recorded in Deed Book 489 at Page 24. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth. The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 3� day of , 2011. 5 Barbara Fraleigh, formerly Barbara McCluskbruary25,2013 OPlnning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 15 of 48 WATER/SEW ER EASEMENT Page 2 of 2 pJiu i 1 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF �[� ) ss FF �i0SI1ncP:'� ;�� BE IT REMEMBERED, that on this date, before the undersigned, a duly comrdlb � acting Notary Public within and for said County and State, personally appeared Barbara Fraleigh, formerly 6Bar ara McCluskey, a single person, to me well known as the person who executed the foregoing document, and who stated and,acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. t WITNESS my hand and seal on this a�day of . 201a MY COMMISSION EXPIRES: �y otary Pu February 25,2013 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 16 of 48 �r�ry����3�j.,1�,Y'N�rKr.r �y w S��t 11tr'5uyar 'T43�, 4^,�e11 j yTfrl'^'�u�„ ��1yt�F s 1 \y J• "G � �n,�7sr oi33'at7ier va,.uuNt�x �i� #fd . �� -xt stmaaaan�and a=azo >` +�-�nd ,�Oa _ ;r c�rs� reSliJ wild ppri'dL'g�iz, vs� . T, Pf�Sze�L.tE`+>�4` �'t �+ ,:�1ctu�3diluN7aJ�3•ltc tol - ,( y /.SEc' a' Ai.t R3iS 1ST Y Ih �✓p ; of�' l/ �l'.f}�3"l � - � .. {;. Al ^1 p oYa]�ad -gat;;a�pnYnGrra�7.9h�tta��4��p`l "�6�Cq'r'es�ul �, P ;ronnia6 6ouna�art' s �, p s ame Teet#o;go}pt#Y,�Je a i+sff ir' 'C1s IF' e4 - ' y n.,,lir'3i. ' f t ,✓- Xf}�.� 4 ", ,.:,s t y .24 ¢ vr3 � f r , 2 KIY'L IV 1d ADtA'wtftio a ifyf G���iye£ e k7'`"lgt' dna r r r0�s o +,ria'a: ;A' .a 1 _1c a� a ti en t9ue e9xi/ok aPp4C „�cbd�}tax'�i$° ;nLa�2�::t�.snCte�.'S>:.a�'a�1} jP'�iLca t$S di}d'�"` v apt ui5aa €os t�ep ° n4nieH, ' `a6in r r3sw irS,> main�l s f T11, An e>3F ha y ,3nd�7v4� Y...x�a nuc y TFCC(- Lf LY1ttr3iiv� - . �c -= �� xrt..0 ru,derat ictt of s;li�Soso'q�gAyoS"'Fdyd ab;°im©S�r£rry�tM Ok,� Aoa� �� vql , _ '" � r ar tnFi r�1ui�Lish un�o tEin t'eiGy pf�a>'B�t��v!.'l�i>'9 af"ut�2sa.�.dp r-ZT. E� r1.�€5 4'F` r 1 -f� �tr+d ui ani'La Giix¢ aJa - a r!n1,.;d § + r 1S1 rwen�nts mid'aE'i'�eMc+nL9sh3felnaAlG$i.P2d��'g.�I'y�.l.efi�arycd :y°�' rpi�" �r}ypq#t>tic vP�p t ,^ A, anf of , ,sdroSiilsG�^6orsi 7ega7{�pxes9nt�.#`Y69 sod asalgax p.{i-Gltu:�i'6dd� iid Y` :. ' � 1'i^s� Y�f "'Grr r3 harz�Fier@unto s t v}tY �apr3s t - � � J t IIcknosrlsdgpmgtiG CUM— OF 13 il'!C- J 3) - �- ��e s"��l °p that cn tdis`dal:cS5xt,i33i'oM''thct �mdoisi�{edt a-1 pla c r3iEFtixi �M �'t,q;� '� i I fiA� tte�3..kipwu as 19 Bfiu ors �n a�oati' �- n Qhev e �ut�a Giw faros�on,#�s cegsleaFns ;'a�a a S.yOYdex-rob .; rr�t3Yaa�v [ J,Yf .F�2 i..+�Np 'y11:''R \ V{OIJ'8y J LN'alf-y yM; It�Pi�yN 1 Af nn 111 r t eG� � 'rfx� �T+(1fV.�x�r1 - 3"`M� •r Y �iC P�'�' 1� �1.j. �°6 1 CITY OF FAYETTEVILLE, ARKANSAS Right-of-Way, Easement or Alley VACATION FOR STAFF USE ONLY — 580780 Date Application Submitted: ohm Date Accepted as Complete. S-T-R: Case/Appeal Number: PPN: Public Hearing Date: Zone: Please fill out this form completely,supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: 4 Applicant_Representative Applicant(person making request): Representative(engineer,surveyor,realtor,etc.): Name: City of Fayetteville(Jesse Fulcher) Name: Address: 125 W. Mountain Street Address: Phone: (479)575-8267 Phone: ( ) Email:jfulcher@ci.fayetteville.ar.us Email: Fax: (479)575-8202 Fax: ( ) Site Address/Location: 1647& 1623 Maple;426,420&410 Oliver: 1641, 1661 1624& 1666 Halsell: 1660 Markham Legal description of area to be vacated(attach separate sheet if necessary): See attached Current Zoning District: RSF-4 Assessors Parcel Number(s)for subject property: 765-14493-000, 765-14501-000, 765-14472-000,765-14505-000, 765-14529-000 765-14490-000 765-14494-000 765-14486-000, 765-14482-000, 765-14482-001.765-14480-000 APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data,information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief,true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination,or approval. I understand that the City might not approve what I am applying for,or might set conditions n approval. Name Date: �� I Signature: T August 2012 February 25,2013 puge t Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 18 of 48 PROPERTY OWNER(S)/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s)of the property that is the subject of this application and that I/we have read this application and consent to its filing. (1/'sixned by the taulroriled agent,if tetter from each property owner must be provided indicatine that the agent is authorized to act on his/her behalf.) Owners(attach additional info if necessary): Name(printed): t- )O.(�� f N i A (KWdress: i r Signature'; , �tLP l !{E tlr Date: 7 _` Phone: ( ) Name(printed): Address: Signature: Date: Phone: ( ) August 2012 February25,2013 page 2 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 19 of 48 PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUESTS Date: 11/13/2012 Address/location of vacation:-1,623 W.Maple Street Property addres.' 1623 W.Maple Street Lot: Block: Subdivision:Fayetteville outlots REQUESTED VACATION: I have been notified of the petition to vacate the following(alley, easement, right-of-way),described as follows: Part of the NW/4 NW/4 NE/4 Sec. 17-16N-30W, described as beginning at a point which is 296 feet East of the NW/c of said 10-acre tract and running thence South 330 feet; thence East 100 feet; thence North 330 feet; thence West 100 feet to the place of beginning, containing .76 acres more or less. ADJACENT PROPERTY OWNERS COMMENTS: O I have been notified of the requested vacation and decline to comment. 1� I do not object to the vacation described above. O I do object to the requested vacation because: Project Nam N" ie o'PropertyO .p r(printed) Si nature 6f 'raperty Owner August 2012 February25,2013 page 3 Planning Commission VAC 12-4203 Halsell Road Agenda Item 2 Page 20 of 48