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Home My WebLink About2015-09-28 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting September 28, 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 September 14, 2015 meeting. 2. VAC 15-5206: Vacation (5026 E. TALON TRAIL/FALCON RIDGE S/D, 609): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 5026 E. TALON TRAIL. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.25 acres. The request is to vacate a drainage easement. Planner: Jesse Fulcher 3. LSP 15-5186: Lot Split (4470 E. BRIDGEWATER LN./HARMS, 218): Submitted by ALAN REID &ASSOCIATES, INC. for property located at 4470 E. BRIDGEWATER LN. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 7.11 acres. The request is to split the properties into 2 lots containing approximately 2.81, and 4.30 acres each and a variance to the street frontage requirements. Planner: Quin Thompson 4. PPL 15-5183: Preliminary Plat (SE OF N. BROYLES AVE. AND W. PERSIMMON ST./CROSS KEYS SOUTH SUBDIVISION, 477): Submitted by JORGENSEN & ASSOCIATES for properties located at SE CORNER OF N. BROYLES AVE. AND W. PERSIMMON ST. The properties are zoned NC, NEIGHBORHOOD CONSERVATION AND R-A, RESIDENTIAL AGRICULTURE and contain approximately 23.39 acres. The request is for preliminary plat approval of a residential subdivision with 96 single family lots. Planner: Andrew Garner Old Business S. LSP 15-5164: Lot Split (JOHN GARRISON RD./GIBSON, 523): Submitted by BLEW & ASSOCIATES for property located S. OF JOHN GARRISON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 40.10 acres. The request is to split the property into 4 lots containing approximately 5.00, 5.00, 15.05 and 15.05 acres each and a variance to the street frontage requirements. Planner: Quin Thompson Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 New Business 6. ADM 15-5205: Administrative Item (SW CORNER VAN ASCHE & STEELE BLVDS./CMN BUSINESS PARK, LOT 6, 212): Submitted by BATES &ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE & STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.24 acres. The request is for an amendment to the CMN Bill of Assurance, to allow a restaurant near the Centerbrook Subdivision. Planner: Jesse Fulcher 7. ADM 15-5216 Administrative Item (NW CORNER OF S. GOVERNMENT AVE. &W. MILK BLVD. /NEIGHBORHOOD MARKET, 522): Submitted by HARRISON FRENCH & ASSOCIATES, INC. for property located at the NORTHWEST CORNER OF S. GOVERNMENT AVE. & W. MLK BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 6.10 acres. The request is for a major modification of LSD 15-4970 (Neighborhood Market). Planner: Jesse Fulcher 8. ANX 15-5181: ANNEXATION (1620 S. ED EDWARDS RD./SALSBURY, 610): Submitted by CURTIS HOGUE for property located at 1620 S. ED EDWARDS RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 0.83 acres. The request is for the property to be annexed into the City of Fayetteville with a zoning of R-A, RESIDENTIAL AGRICULTURE. Planner: Quin Thompson The following items have been approved administratively by staff: LSP 15-5188: Lot Split (1035 N. GREGG AVE./PENZO GROUP, 444): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1035 N. GREGG AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.43 acres. The request is to split the property into 3 lots containing approximately 0.12 acres each. Planner: Jesse Fulcher LSP 15-5189: Lot Split (2296 W. DOGWOOD ST./ARD-BAUER, 169): Submitted by BLEW & ASSOCIATES, INC. for properties located at 2296 W. DOGWOOD ST. The properties are in the FAYETTEVILLE PLANNING AREA and contain approximately 4.51 acres. The request is to split the properties into 4 lots containing approximately 1.00, 1.00, 1.11, and 1.40 acres each. Planner: Quin Thompson LSP 15-5123: Lot Split (3970 E. MISSION BLVD./REILMAN, 296/334): Submitted by REID &ASSOCIATES for property located at 3970 E. MISSION BLVD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 8.34 acres. The request is to split the property into 2 lots containing approximately 2.05 and 6.29 acres each. Planner: Quin Thompson 2 LSP 15-5171: Lot Split (6083 W. DOT TIPTON RD./CALHOON, 475): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 6083 W. DOT TIPTON RD. The property is zoned R-A, RESIDENTIAL AGRICULTURE and contains approximately 3.19 acres. The request is to split the property into 2 lots containing approximately 2.55 and 0.27 acres each. Planner: Quin Thompson 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 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. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission September 14, 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, Sarah Bunch 2. In Attendance: Sarah Bunch, Ron Autry, Thomas Brown, William Chesser, Ryan Noble, Matthew Hoffman, and Kyle Cook Absent: Tracy Hoskins and Janet Selby Staff: Andrew Garner, Jesse Fulcher, Corey Granderson, and Kit Williams Commissioner Hoskins arrived after roll call 3. Consent Agenda: Approval of the minutes from the August 24, 2015 meeting. VAC 15-5161: Vacation (2055 E. SIGNAL HILL DEPOT./BUTTERFIELD TRAIL VILLAGE, 175/214): Submitted by JOE PERME for property located at 2055 E. SIGNAL HILL DEPOT. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 2.37 acres. The request is to vacate a portion of a utility easement. VAC 15-5177: Vacation (1375 N. LEVERETT AVE./NOBLE OAKS APTS., 405): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 1375 N. LEVERETT AVE. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.31 acres. The request is to vacate a portion of a utility easement. VAC 15-5178: Vacation (SW CORNER JOYCE & STEELE BLVDS./CMN LOTS 3 & 4, 173): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at SW CORNER JOYCE & STEELE BLVDS. The property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 14.03 acres. The request is to vacate a portion of a utility easement. Mailing Address: Planning Commission 113 W. Mountain Street www.fayet !,2015 Fayetteville,AR 72701 Agenda Item 1 9-14-2015 Minutes Page 1 of 14 VAC 15-5176: Vacation (MARK MILLS LANE/SUMMIT PLACE SD, 329): Submitted by BLEW &ASSOCIATES, INC. for properties located at MARK MILLS LANE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.06 acres. The request is to vacate a portion of a conservation easement. VAC 15-5157: Vacation (688 N. WHITHAM AVE./1ST WESTERN BANK, 444): Submitted by GENE BUESCHER. for properties located at 688 WHITHAM AVE. The properties are zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.08 acres. The request is to vacate an alley right-of-way. VAC 15-5087: Vacation (1005 E. ROCKWOOD TRAIL/L & F CONSTRUCTION, 447): Submitted by FRED PATRICK for property located at 1005 ROCKWOOD TRAIL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.02 acres. The request is to vacate an alley right-of-way. 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 7-0-1. Commissioner Hoskins recused. Planning Commission September 2,2015 Agenda Item 1 9-14-2015 Minutes Page 2 of 14 4. Old Business: ADM 15-5124: Administrative Item (UDC Chapter 156/VARIANCES): Submitted by CITY PLANNING STAFF for revisions to UDC Chapter 156 for clarification to the commercial design standards variance requirement. Commissioner Chesser stated appreciation for the committee that put this together. He discussed that this wording is much stronger than the previous version and he is in favor of it because it puts the variance in the Planning Commission's hands. Motion: Commissioner Chesser made a motion to forward ADM 15-5124 to City Council with a recommendation of approval. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. Commissioner Selby arrived after this item. Planning Commission September a,2015 Agenda Item 1 9-14-2015 Minutes Page 3 of 14 New Business: CUP 15-5175: Conditional Use (925 N. COLLEGE AVE./PRINCESS PARTY CREATIONS, 446): Submitted by AUTUMN MITCHELL for property located at 925 N. COLLEGE AVE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.19 acres. The request is to allow Use Unit 4 (Cultural & Recreational Facilities). Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Applicant was not present. Andrew Garner, City Planning Director, asked the commission to go ahead and vote if they are comfortable with the request. The applicant is running late. Motion: Commissioner Cook made a motion to approve CUP 15-5175 with conditions as recommended by staff. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September A,2015 Agenda Item 1 9-14-2015 Minutes Page 4 of 14 CUP 15-5108: Conditional Use (1923 E. JOYCE BLVD./BUTTERFIEILD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL, INC. for property located at 1923 E. JOYCE BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNIITS PER ACRE and contains approximately 14.96 acres. The request is to allow Use Unit 4 (Cultural & Recreational Facilities) to allow construction of a convocation center. Jesse Fulcher, Senior Planner, read the staff report for the conditional use and large scale development. No public comment was presented. Tom Hennelly, applicant, stated he agreed with the conditions. Commissioner Chesser stated he was on the Subdivision Committee when this item came through and it is straight forward. The proposed building is interior to the property. Motion: Commissioner Chesser made a motion to approve CUP 15-5108 with conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 3,2015 Agenda Item 1 9-14-2015 Minutes Page 5 of 14 LSD 15-5099: Large Scale Development(1923 E. JOYCE BLVD./BUTTERFIELD TRAIL VILLAGE, 175): Submitted by CRAFTON TULL, INC. for property located at 1923 E. JOYCE BLVD. The property is zoned RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, and contains approximately 14.96 acres. The request is for the addition of a 25,843 square foot convocation center. Jesse Fulcher, Senior Planner, read the staff report for the conditional use and large scale development. No public comment was presented. Tom Hennelly, applicant, stated he agreed with the conditions. Commissioner Chesser stated he was on the Subdivision Committee when this item came through and it is straight forward. The proposed building is interior to the property. Motion: Commissioner Chesser made a motion to approve LSD 15-5099 with conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 3,2015 Agenda Item 1 9-14-2015 Minutes Page 6 of 14 LSP 15-5164: Lot Split (JOHN GARRISON RD./GIBSON, 523): Submitted by BLEW & ASSOCIATES for property located S. OF JOHN GARRISON RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 40.10 acres. The request is to split the property into 4 lots containing approximately 5.00, 5.00, 15.05 and 15.05 acres each and a variance to the street frontage requirements. Quin Thompson, Current Planner, read the staff report. James Gibson, Applicant, said that two families were present in the audience who would like to buy the [proposed] lots and build two homes. He said that the existing lot needs to be split into four parcels for reasons having to do with financing rules. He added that neighbors have not opposed the request. Public comment: Marty Kale, Neighbor, said that he was the adjacent land owner, and that he had no problem with the proposal. He said it would improve public safety and give him access to the road and easement. No more public comment was presented. William Chesser, Commissioner, said that it seemed staff was recommending denial on principle. Andrew Garner, City Planning Director, said that the recommendation was based on principle and common sense. He noted that the proposal was not appropriate from a public safety, emergency services access, or future annexation standpoint. Chesser said that he owns property in another County, and hates to see people not get to use their land as they see fit. Tracy Hoskins, Commissioner, asked if the County would accept right-of-way dedication in place of the access easement. Thompson said that the County may agree to accept right-of-way. Chesser said that if a road were built, it should provide frontage for all four lots. Sarah Bunch, Chair, said that the County and home construction would require a good quality road. Chesser proposed tabling the request so that the applicant could explore the idea of building a County road. Gibson said that he would consider tabling for two weeks. Ron Autry, Commissioner, asked the applicant if he actually preferred to be tabled. Gibson said that he would prefer that the Commission vote on the proposal. Planning Commission September 28,2015 Agenda Item 1 9-14-2015 Minutes Page 7 of 14 Bunch said that this was an unusual property, and the request similar to the arrangement of nearby lots, but added that she felt that the City requirements should be followed. Autry made a motion to approve; after a vote the motion failed. Hoskins asked if there was a provision in the code that would allow a road to be bonded and built later. Garner said that there was no such provision, and that rather than have a future road bonded, he would recommend that the waiver be approved. Hoskins made a motion to reconsider, which padded unanimously. Hoskins made a motion to table the item for two weeks. Motion #1: Commissioner Autry made a motion to approve LSD 15-5164. Commissioner Selby seconded the motion. Upon roll call the motion failed with a vote of 3-6-0. Motion #2: Commissioner Hoskins made a motion to reconsider LSD 15-5164. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Motion #3: Commissioner Hoskins made a motion to table LSD 15-5164 to the 9-28-15 meeting. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September 3,2015 Agenda Item 1 9-14-2015 Minutes Page 8 of 14 LSD 15-5167: Large Scale Development (NE CORNER VAN ASCHE & STEELE BLVDS./WATERMARK RESIDENTIAL, 173): Submitted by CRAFTON TULL, INC. for properties located at NE CORNER OF VAN ASCHE &STEELE BLVDS. The properties are zoned C-3, CENTRAL COMMERCIAL, and contain approximately 17.70 acres. The request is for a 306 unit apartment complex with associated parking. Jesse Fulcher, Senior Planner, read the staff report. No public comment was presented. Tom Hennelly, applicant, stated he agreed with the conditions. Commissioner Chesser stated he was happy with the on-street parking in the area. The architectural plans meet code requirements. Can the City accept wetlands as park land? Andrew Garner, City Planning Director, stated that parkland needed to be available for use as a park. Commissioner Brown as if trail right-of-way could be dedicated to connect to the north. Garner stated you could, but Mud Creek would have to be crossed again. The existing sidewalk along Steele provides a pedestrian connection to the existing trail without another creek crossing. The Trails Coordinator looked at this project and did not request any additional links. Commissioner Hoffman asked staff to clarify the street cross section again. Fulcher described the street cross section for Steele and Van Asche. Commission Hoffman stated there were lots of continuous on-street parking spaces. Can tree islands/bump outs be provided to break up the parking? Hennelly described the parking counts and expressed the need to keep as many parking spaces as possible. Commissioner Hoffman asked if one could be added on either side of the driveway along Van Asche, spaced halfway between each section of parking. Hennelly stated yes. Commissioner Hoskins asked about the design standards for C-3. Garner stated no, but they are meeting the minimum requirements for Urban Residential Design Standards. Commissioner Hoskins asked if the sidewalk connections to the building were to a hallway. Hennelly stated they were directly to ground floor units. Commissioner Hoskins asked if there were carports along Van Asche. Planning Commission September a,2015 Agenda Item 1 9-14-2015 Minutes Page 9 of 14 Hennelly stated no. They are in other locations. Motion: Commissioner Chesser made a motion to approve LSD 15-5167 with conditions as recommended by staff, adding an additional condition of approval below. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Added condition of approval for LSD 15-5167 Two mid-block curb bump-outs shall be added to Van Asche Drive by removing two on-street parking spaces to break up the long stretches of parallel parking. The bump-outs shall be located generally midway between the driveway entrance on Van Asche and the end of the runs of parallel parking spaces. Planning Commission September72$,2015 Agenda Item 1 9-14-2015 Minutes Page 10 of 14 RZN 15-5156: Rezone (1220 W. CLEVELAND STJEXPIRED PZD 12-4079, 443): Submitted by CITY STAFF for properties located at 1220 & 1226 W. CLEVELAND ST. AND 725, 727, & 805 HALL AVE. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 2.61 acres. The request is to rezone the properties to RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and P-1, INSTITUTIONAL. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Kyle Cook, Commissioner, said the request totally made sense. William Chesser, Commissioner, said that the rezoning of property owned by the University [of Arkansas] amounted to tacit approval of the UA policy to ignore City zoning regulations, and he said he objects to that notion. Motion: Commissioner Cook made a motion to forward RZN 15-5156 with a recommendation of approval. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September7M,2015 Agenda Item 1 9-14-2015 Minutes Page 11 of 14 RZN 15-5165: Rezone (1118 S. DUNN AVE./PEARSON DEVELOPMENT, 562): Submitted by WILL SCHMIDT for property located at 1118 S. DUNN AVE. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 0.23 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. Quin Thompson, Current Planner, read the staff report. No public comment was presented. Will Schmidt,Applicant, said that the property was currently under contract to be purchased pending the outcome of the rezone request. He said the purchaser would like to build a small energy efficient home on the property. William Chesser, Commissioner, said that this request was appropriate. Motion: Commissioner Chesser made a motion to forward RZN 15-5165 with a recommendation of approval. Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission September12,2015 Agenda Item 1 9-14-2015 Minutes Page 12 of 14 RZN 15-5179: Rezone (324 N. HORNSBY DR./MARKHAM HILL REZONE, 482): Submitted by BRIAN REINDL for properties located at 324 & 334 N. HORNSBY DR AND 309, 325, & 333 N. SMITH RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 1.39 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION, and RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Jesse Fulcher, Senior Planner, read the staff report. Rob Sharp, applicant, described the existing homes, which have cracked foundations and have generally run their course. The owner is ready to redevelop the lots. They met with the neighborhood and have proposed a Bill of Assurance to guarantee single-family homes. They are trying to balance development between a large football stadium to the east and single-family homes to the south and west. Public comment: Margaret Clark, neighbor, stated that the concept of neighborliness has been destroyed and the beauty of the area will be destroyed. The group I work with prefers to preserve older homes. The trees will be destroyed during construction and traffic will increase. Where will the residents park?The construction traffic will cause street closures. No more public comment was presented. Commissioner Chesser stated he grew up on Markham and asked if parking is allowed. Fulcher stated that it isn't prohibited. Commissioner Chesser stated he was okay with on-street parking and encourage increased density near the University. Commissioner Hoffman stated he agreed with Commissioner Chesser. Generally supports increased density by campus. Sharp stated that the housing is currently occupied by students, but the new housing is not intended for students. It's intended to be owner occupied. Hopefully the new homes will create neighborliness and better street life. Motion: Commissioner Chesser made a motion to forward RZN 15-5179 with a recommendation of approval. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission Septemberla,2015 Agenda Item 1 9-14-2015 Minutes Page 13 of 14 RZN 15-5174: Rezone (S. END OF RUPPLE RD./STRIKER DEVELOPMENT, 478/479): Submitted by JORGENSEN &ASSOCIATES, INC.for property located at SOUTHERN END OF RUFFLE RD. The property is zoned NC, NEIGHBORHOOD CONSERVATION, R-A, RESIDENTIAL AGRICULTURE, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, AND RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE and contains approximately 101.50 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION, CS, COMMUNITY SERVICES, R-A, RESIDENTIAL AGRICULTURE, AND RSF-4 RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. Andrew Garner, City Planning Director, gave the staff report. Blake Jorgensen, applicant, was present for questions. No public comment was presented. Commissioner Brown indicated that he is really happy that the revised proposal changed the RSF-4 to RSF-2. I will be able to support this one. Commissioner Chesser asked about the R-A zoning. I am glad that the developer was willing to change to RSF-2 as staff requested. Garner discussed the R-A zoning. Hoffman echoed the comments about this. I feel that this is almost a cross section of the urban transect. He discussed the street layout of the subdivision that was shown with the rezoning exhibit, acknowledging that the subdivision design is not being considered with the rezoning. Motion: Commissioner Chesser made a motion to forward RZN 15-5174 with a recommendation of approval. Commissioner Hoffman seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. S. Reports: No reports 6. Announcements: 7. Adjournment Time: 6:58 PM 8. Submitted by: City Planning Division Planning Commission SeptemberM 2015 Agenda Item 1 9-14-2015 Minutes Page 14 of 14 CITY OF ayPLANNING COMMISSION MEMO ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, Planning Director FROM: Jesse Fulcher, Senior Planner MEETING DATE: September 28, 2015 SUBJECT: VAC 15-5206: Vacation (5026 E. TALON TRAIL/FALCON RIDGE S/D, 609): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at 5026 E. TALON TRAIL. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.25 acres. The request is to vacate a drainage easement. RECOMMENDATION: Staff recommends forwarding VAC 15-5206, BACKGROUND: The subject drainage easement is located in the Falcon Ridge Subdivision, which is south of Huntsville Road between Hunt Lane and Tallgrass Drive. The easement crosses through Lots 57- 60 and ends on Lot 1. The easement was dedicated to the City of Fayetteville in 2001, but there is no drainage infrastructure located-within the easement. The easement was not shown on the civil plans presented for the Falcon Ridge Subdivision and it was not reflected on the filed final plat in 2008. The owner of Lot 59 has applied for a building permit, but the drainage easement prohibits any structure from being located on the property. The surrounding zoning and land uses are depicted in Table 1. Table 1 -Surrounding Zoning and Land Use Direction from Land Use Zoning Site North Undeveloped Single-family RSF-4 South Undeveloped Single-family RSF-4 East Undeveloped Single-family RSF-4 West Undeveloped Single-family RSF-4 Proposal: The owners of the lots impacted by the drainage easement are requesting to vacate the easement. All of the necessary storm pipes installed in the subdivision are located within other dedicated easements or within the public right-of-way. Mailing Address: Planning Commission 113 W. Mountain Street vyyyW fa,, jr ;� 15 Fayetteville,AR 72701 y115-5206 Falcon Ridge SD Page 1 of 13 DISCUSSION: Vacation Approval: The drainage easement is owned and maintained by the City of Fayetteville Transportation Department. No other utility approvals are required. UTILITIES RESPONSE Cox Communications NA AEP/SWEPCO NA Source Gas NA AT&T NA Ozarks Electric NA CITY OF FAYETTEVILLE RESPONSE Water/Sewer NA Trash & Recycling NA Transportation No Objections Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 15-5206: Conditions of Approval: Planning Commission Action: ❑ Approved d Forwarded O Denied Meeting Date: September 28, 2015 Motion: Second: Vote: BUDGET/STAFF IMPACT: None. Attachments: • Request Letter Planning Commission G:1ETC\D2 evelopment Services Review\2015\Development Review\15-5206 VAC(Falcon Ridge September 2015 Drainage Easement)\03 Planning Commission\09-28-2015\Comments and Redlines Agenda Item 2 15-5206 Falcon Ridge SD Page 2 of 13 • Petition to Vacate • Utility Approvals • Adjacent Property Owner Approvals ■ Easement Vacation Exhibit ■ One Mile Map • Close Up Map Planning Commission WETC1Development Services Review\2015\Development Review115-5206 VAC(Falcon Ridge September 2015 Drainage Easement)\03 Planning Commission%09-28-2015\Comments and Redlines Agenda Item 2 2 15-5206 Falcon Ridge SD Page 3 of 13 JORGENSEN 124WSonbridge Drive,Suite Fayetteville,AR 72703 Office:479.442.9127 -+-ASSOCIATES Fax:479.582.4307 Aug September 3,2015 City of Fayetteville 113 W.Mountain Fayetteville,AR. 72101 Att: less Fulcher Re: Easement Vacation(Falcon Ridge) Attached please find information pertaining to the vacation of a drainage easement through lots 1&56-60 of Falcon Ridge. This easement is no longer needed since the subdivision has been built. For some reason,this has never been vacated. Please let me know if you have any questions. Thank you. Sincerely; David L.Jorgensen, P.E. Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 4 of 13 PETITION PETITION TO VACATE AN EASEMENT LOCATED IN THE 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 City of Fayetteville,Arkansas,a municipal corporation,petition to vacate said easement Which is described as follows; (SEE ATTACHED) That the abutting real estate affected.by said vacation would not be adversely affected by said vacation. The petitioners request that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,and that the above described real estate be used for their respective benefit and purpose as now approved by Jaw. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE,the undersigned petitioners request that the governing body of the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,and that the title of 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 be free from easements. Date this_day of 2015. Printed JdSrt Printed Name Signature Signature Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 5 of 13 UTILITY APPROVAL FORM FOR RIGHT-OF.WAY,ALLEY,AND UTILITY EASEMENT VACATIONS DATE: (`I-(')- / -_I _ UTILITY COMPANY: I Do ' APPLICANT NAME:I�rPHONE: 44z--I1 -7 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: Ceneral location/Address P (ATTACH legal description and graphic representation of what is beitrg vacated-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.) No objections provided the following conditions are met: �r Sigfiqtdre of Mdity Company Representative Title —O December 20N Page 5 Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 6 of 13 From' 09/03/20'15 09:43 44172 P.002 ADJACENT PROPERTY OWNER NOTMCATION/APPROVAL FORM FOR RIGHT-OF-WAY,ALLEY,AND EASEMENT VACATION REQUW" Date: /1 Address/location of vacation: -564E. ATtLar=99D Adjacent property address: 54 j7 arp—� Lot: Fwif u1 Block: NIA, Subdivision: 21 D4& REQUESTED VACATION: I have been notified of the petition to vacate the following(alley,easement,right-of--way),described as follows: (Include legal description and graphic representation of what Is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: C I have been notified of the requested vacation end decline to corement. I do not object to the vacation described above. 0 I do object to the requested vacation because: Project Name nn t p inf Name of AdjacentProgpgly�Owner(prnree Signature ofAdj �l Property Owner �4n /VktIIA Applicant Name Deconber2614 Paaa 6 Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 7 of 13 NZOITU I-V OWNER NOTIFICATIONAMIROVAL FORM FOR RIGIII-OF,W kLI-EY-10 D VASMMENTVACATION REQUESTS WAHON have h.en 110111106 el the pelf ll0n 10 V;w:1[12 the t0k'%ill'Ctfires, eavente.w. OvI.I,desr+cd a, lollcnv� EN I'S I he,,I III Illwj'41 the luIluviw.1%aCjIt;.OqL wid jcchlc 10 COMMOR I,, the cacaffnr.&qI:nhtd 0 U, rvcuc.icj v,ru,li,1.rl heZ mc. 4VA WIM Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SID Page 8 of 13 LEGEND X CALCULATED POINT N 0 FOUND IRON PIN C SET IRON PIN&CAP UTIIPY EASEMENT BASIS OF BEARING: CENTERLINE STREET W E FINAL PLAT FOR FALCON RIDGE ACCESS EASEMENT S DRAINAGE ESMT TOVACATE 0-D.E.(TO V CATE) S89-55.18-E 1292.94' ST.M0.20011 2384 I 123.28' 85.00' 85.00' 85.00' 85.00' 145.55' 8' S B - 20'U.E..:. '. SH_ 0' U.F, S'S B 'S.H. —w' m 20' U EO 61 0: 5 59 5 S7 z 56 I 765-17575-000 i.. 0 165-2865)-000 'O d5-28fi51-GPPq54 U. 36' 7d5.2865�a . S U.EJ Sg-64' 85.00' 77 85-00' 5 8 .00 47.63 5 �'� - L9 L3 L TRAIL 5 ' YS;2bl OH IN �� 10 —L - - - 9.93 a E 95.00'V 95.00' E3 39.27' 39.27 – 0'DRN. ESMT m 765-0574-000 O'DRN. ESMT. 10'DRN. ESM T. m m " I- �' 55 " 7d5-2B598-0PO 0o ma a .32 o, o I31 v m EAST... . A$T... o EASTB_ it n S o EAST_,,,., 120.00`�� - -�-120.bb' - � 120.00' 765-175 73-0 00 I m ....'0"...X B'S.B. I q 8' S.B. o, DRAINAGE EASEMENT TO BE VACATED: A PART OF LOTS 1, 56, 57, 58, 59 AND 60 OF FALCON RIDGE SUBDIVISION AND BEING PART OF THE NORTHEAST QUARTER (NE114) OF THE SOUTHEAST QUARTER(SE174)OF SECTION NINTEEN(19)IN TOWNSHIP SIXTEEN(16)NORTH, RANGE TWENTY-NINE(29) WEST, DESCRIBED AS BEGINNING AT A POINT SOUTH 690.00 FEET FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF TALON TRAIL AND THE EAST LINE OF THE SAID NE114 OF THE SFI/4; THENCE SOUTH 25.00 FEET; THENCE WEST 48.68 FEET; THENCE NORTH 24.78 FEET; THENCE N76°Z7'11"W 378.58 FEET; THENCE N85°48'38"W 69.09 FEET; THENCE NORTH 20.00 FEET; THENCE S85°48.38"E 72.19 FEET; THENCE S76°27111"E 376.89 FEET. THENCE EAST 47.23 FEET; THENCE SOUTH 20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 11,142 SQUARE FEET (0-256 ACRES), MORE OR LESS. JORGENSEN yteilerAR/2/0jSuite s 9127 +ASSOCIATES Fax: 4;9S844� 07 124 WEST SUNBRIDGE,SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479)442-9127 • FAX(479)582-4807 SCALE: 1"=60' DATE REVISED CHECKED BY: DRAWN BY: PMM DATE: 02SEPT15 DLJ Z:\LOTS\2075085\DE DRAINAGE EASEMENT VACATION EXH 1 B IT "A" Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 9 of 13 �aA r6wadvom pe tmD aamwnN DEC 13 ACI 9 13 pa,rsl Na001•ra725w7II5•aap T DRAINAGE EASEMENP „� nrc��i- - BE IT KNOWN BY THESE PRESENTS: B. STAMPS THAT WE, Dile Klnvv and Linda Lou King, husband and wife, herelnRe af tatted GRANTOR, for and In consideration of [he sum Ot Ona Dollar ($1.00) and other good and valeebia oonslderalicn, the receipt of which is hereby acknowledged, do hereby GRANT, SELL and CONVEY unlo he City of Fayetteville.Arkansas, a municipal eonpOratton, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to excavate, conskuc6 maintain, repair andfor replace an earthen retaining levee, drainage pipe, open ditch, concrete channel andlor concrete inlel box and appurtenances werato on, over, and through the following described land situated in theCWnty of Washington,Stateof Arkansas.lawit: PROPERTY DESCRIPTION (Deed Book 912 at Page 207) Part of the Northeast Quarter (NEV-) of the Southeast Quarter ($EY.) of Section Nineteen (19) In Township 51x1een(16) North of Range Twannine (29) West, being more p�icularly described as follows, o-wft: Beginning at a point thee feet rv: Erthast 1 feet.Of westthencorner o 1422 said forty acre tract and running thence North 134 feet; feat, hence West 680 feet, thence North I tee feet, thence Weal 422 feet, thence North 100 feet, thence West 238 feet to the point of beginning PERMANENT EASEMENT DESCRIPTION: Part of the Northeast Quarter (NEM) or he Southeast Quarter (SEY.) Of Section Nineteen (19) In Townshlpp Sixteen (15) North, Range Twenty-nine (29) Weal, described as beginning at a point South 021 51'45' Weal 890.00 lest from five Southeast corner of said forty acre tract, said point also being the point of Intersection of the south r:and the lit-of-way line of a future street (as Shown on the utha02'f 52'54' Wool 26.0 fasah Meadows Shthe thence North 87° O7'ost i06'West 48.68 rest;thence North 02thence Y 89.09 ffeee24.70 rest;tt thence North02'North 739 114'Sr 54" East 2005 feel:78.50 faaL thence South e624 65'44" East 72.19 North 82' 5V tfeeel: thence South 73' 34' 17" East 376.89 feel; thence South 67' 07' 06" East 47.23 fees; thence South 02' 52' S4" West 20,0 fact to the Point of Beginning and containing 11,142 squate feet (0.258 acre),more or less 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, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above 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 pay any damages which may ansa to growing crops or fences from the above described construction, maintenance and operation as determined by three disinterested persons. One of whom shall be appointed by the said Grantor; one by the said Grantee, and the third by the two so appointed as aforesaid,and the written award of such three persons shall be final and concluslve. The Grantor agrees not to erect an Y buildings or structures in said permanent easement other than fences and said fences shall not exceed six(6)feet in height. The Grantee shall have the right to construct additional drainage structures within the above described permanent easement at any lime in the future and agrees to pay any damages as a result or 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 hembg granted. All covenants and agreements herein contained shall extend to and be binding upon the respective hens,legal representatives,successors and assigns of the parties hereto. It is hereby understood and agreed that the parry 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 10*14 day of 'ff�[�ore bnL .2001. Dale King '40 Lou rrg ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED. that on this date, before the undersigned. a duly commissioned and acting Notary Public within and tow said County and State, personallyappeared Dale King and Linda Lou King, husband and We, to me well known as the persons who sxecuted the foregoing document, and who stated and acknowledged that they had so signed, executed„and delivered said instrument for the consider200n, uses and purposes Iherain men0aned and set for-V . ]y�'+. WITNESS my hand and seal ehwthias lof c 200 s My COMMISSION €RPIRES. r v -'' avI - � iPlanning Commission 2001162334 September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 10 of 13 0O State Highway No, 16 East (Huntsville Road) NE-S&19-16-29 y a 0 a ar' fume sheet cg b a Dale King & Linda Lou King Panel No, 001-10725-Opp Deed Book 912 at Page 207 Date: 12-06-2001 Title: Scale:1 inch 21)0 feet File: king,exh.des 2001162385 Planning Commission September 23,2015 Agenda Item 2 15-5206 Falcon Ridge SD Page 11 of 13 VAC15-5206 FALCON RIDGE S/D One Mile View S • r AMF-24 - RSF-7 CS RSF-1 l• � � I SUBJECT PROPERTY RSF-4 /' I CA P-1 _ I� I YYY�� YYYr ••• Y � l \.j Overview Legend _ Hills e-Hilltop Overlay District AI `. - �"••'r , I Subject Property Desi;n Overlay District � L_.._: Boundary _ _ Plan iing Area S- -,�4fti Fay tteville ►r,.O' _T 0 0.25 0.5 1 Mles Planning Commis ion Se tember23 2 15 Agenda Item 2 15-5206 Falcon Ridge SD Page 12 of 13 VAC15-5206 FALCON RIDGE S/D Close Up View l; .MI If ilii .. i RA L - 1 1 1 SUBJECT PROPERTY ' RSF-4 ' 1 1 1 1 r 1 1 1 TALON TRL 1 1 1 -- --- -- -- ----- - X - --- -- -- K Z 1 1 ' Legend " 1 1 1 Shared-Use Paved Trail i + r ......•• Neighborhood/Park Trail 1 Natural Surface Trail ! ' OVAC15-5206i: 1- --- - --- -- �yepiylM1FayetteviIle City Li its Footprints 2010 - Hillside-Hilltop Overlay District i _ ! Design Overlay Di 5trict Design Overlay Di trict 0 75 150 300 450 600 ------ Planning Area Feet Planning Commissio September 23,2015 15-5206 Falcon Ridge SD Page 13 of 13