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HomeMy WebLinkAbout2009-05-11 - Agendas - Final lile a e ev ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,May 11,2009,5:30 p.m. Room 219,City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item—Chair B. Presentation of Staff Report C. Presentation of request—Applicant D. Public Comment E. Questions&Answer with Commission F. Action of Planning Commission(Discussion&Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief,to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2009 Planning Commissioners Sean Trumbo Matthew Cabe James Graves Porter Winston Andy Lack Christine Myres Jeremy Kennedy Jim Zant Craig Honchell c;lile T*'�r a e TENTATIVE AGENDA ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 113 W.Mountain St. Fayetteville,AR 72701 Telephone:(479)575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday,May 11,2009, 5:30 p.m. Room 219,City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the Monday,April 27, 2009 meeting. New Business: 2. RZN 09-3270: (RAMONA JONES /41 E.NORTH ST., 445): Submitted by RAMONA JONES for property located at 41 E. NORTH STREET, ON THE SW CORNER OF NORTH AND POLLARD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.00 acre. The request is to rezone the subject property to R-O, Residential Office. Planner: Jesse Fulcher 3. VAC 09-3267: (LIFE STYLES, INC. /SYCAMORE, 363): Submitted by BATES & ASSOCIATES for property located at THE NORTH CORNER OF SYCAMORE ST. AND SADDLEHORNE AVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.27 acres. The request is to vacate an unimproved portion of right- of-way for Sycamore Street. Planner: Dara Sanders All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments 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. Interpreters or TDD for hearing impaired are available for all public hearings;72 hour notice is required. For further information or to request an interpreter,please call 575-8330. 7ayeV PC Meeting of May 11, 2009 S 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: May 7, 2009 RZN 09-3270: (RAMONA JONES/41 E.NORTH ST.,445): Submitted by RAMONA JONES for property located at 41 E. NORTH STREET, ON THE SW CORNER OF NORTH AND POLLARD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.00 acre. The request is to rezone the subject property to R-0, Residential Office. Planner: Jesse Fulcher BACKGROUND: Property Description: The subject property is located at the southwest corner of North.Street and Pollard Avenue.The approximately 1-acre tract is currently developed with a single-family dwelling that was constructed in 1942. The property is bordered by the University of Arkansas for Medical Sciences campus, a parking lot for DAMS, a professional office building and a single-family residence. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Hospital P-1 South Single-family dwelling RSF-4 East Professional office RSF-4 West Parkin lot R-O Proposal: The applicant proposes to rezone the property from RSF-4,Residential single-family to R-O, Residential Office. Public Comment: Staff has not received public comment. RECOMMENDATION: Staff recommends forwarding the rezoning request RZN 09-3270 (Ramona Jones) to the City Council with a recommendation of approval based on findings stated herein. X IReports120091PC Reportsl12-May 111RZN 09-3270(Ramona Jones).doc May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 1 of 12 PLANNING`'COMMISSION ACTION: Required YES Date: May lt,2,060 O Tabled ' OForwarded O'D,enied Motion: Second: Vote: CITY COUNCIL ACTION: Required YES111 O Approved :1:11 Denied ' Date: INFRASTRUCTURE: Streets: The site has access to North Street and Pollard Avenue. Water: Public water is available to the property. There is an 8" and 10" main adjacent to the property. Sewer: Sanitary sewer is available to the site. There is a 12"and 6"public main adjacent to the property. Drainage: Standard improvements and requirements for drainage will be required for the development. This property is affected by the 100-year floodplain. Police: It is the opinion of the Fayetteville Police Department that this RZN:will not substantially alter the population density,and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion. Fire: This property will be covered by Engine#I located at 303 West Center. CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this site as City NeighborhoodArea,which is a denser and primarily residential urbanfabric with mixed and low-intensity nonresidential uses usually confined to corner locations. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives,principles, and policies and with land use and zoning plans. Finding: The proposed R-O zoning is consistent with the City Neighborhood Area land use designation,which recognizes mixed and low-intensity nonresidential uses on corner locations.Based on the City's adopted land use planning objectives and principles, staff finds that the subject property,which is located on North Street(a principal arterial) and surrounded on three sides by nonresidential uses, would be more appropriately regulated under the R-O zoning district than the current Residential K.IReports120091PCReportsll2-May IIIRZN09-3270(Ramona Jones).doc May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 2 of 12 single-family zoning designation. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The subject property has been utilized for a single-family residence for approximately 65 years; however,it has sat vacant and for sale for the last several years. Staff finds that the rezoning request is justified at this time to allow the property to be converted to either a denser residential use, or to a low-intensity nonresidential use,such as an office,at this corner location. It is evident based on the surrounding higher intensity land uses that this particular property is no longer desirable for single-family residential use. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: It is expected that a rezoning from RSF-4 to R-O will result in the potential for a slight increase in traffic compared with that allowed under the existing zoning. However, the property has direct access to two adjacent streets, including North Street (a principal arterial), and is only one lot removed from College Avenue (a principal arterial). 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Staff finds that the proposed zoning would not create undesirable impacts to public services, or a density that is incompatible with the surrounding area, based on a review of infrastructure, existing land uses, and the development potential of the property.The property is currently zoned for single-family dwellings.The change in zoning to R-O would not permit uses that would adversely impact public services. Increased load on public services were taken into consideration and recommendations from the Engineering,Fire,and Police Departments are included in this report. 5. If there are reasons why the proposed,zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b(1)through(4)above why the proposed zoning is not desirable. Finding: Not applicable. Staff recommends in favor of the requested zoning. K.lReporu12009WC Reporfs112-May IIIRZN 09-3270(Ramona Jones).doc May 11,2009 - Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 3 of 12 161.16 District R-O, Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12 Offices, studios and related services Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 13 Eating places Unit it 1 5 Neighborhood shopping goods Unit 24H Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Bulk and area regulations. (Per dwelling unit for residential structures) (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured 50 ft. home park Single-family 60 ft. Two-family 60 ft. Three or more 90 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured 4,200 sq.ft. home park Townhouses: Development 10,000 sq.ft. Individual lot 2,500 sq.ft. Single-family 6,000 sq.ft. I s Two -famiy L - N22 Three or more �000 1�1. Fraternity or Sorority 1 acre (3) Land area per dwelling unit. May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 4 of 12 Manufactured home 3,000 sq.ft. Townhouses&apartments: No bedroom 1,000 sq. ft. One bedroom 1,000 sq.ft. Two or more bedrooms 1,200 sq.ft. Fraternity or Sorority 500 sq.ft. per resident (D) Density. Units per acre 24 or less (E) Setback regulations. Front15 ft. Front, if parking is allowed between the 50 ft. right-of-way and the building Front, in the Hillside Overlay District 15 ft. Side 10 ft. Side,when contiguous to a residential 15 ft. district Side, in the Hillside Overlay District 8 ft Rea without t 25 ft. R;ar, _ r:x ueasement from center line of Miley 10 ft. Rear, in the Hillside Overlay District 15 ft. (F) Building height regulations- Building Height Maximum 1 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of such lot. May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 5 of 12 1. Check Attached 2. Legal Description: 41 E. North Street, Fayetteville, AR 72701. Lots 4, 5 and Half of Lot 3 Block 8, City Park Addition-A.L. TRENTS REV (04940) Parcel 765- 03802-000 Washington County 3. Mailing Labels Attached 4. Plat Attached S. A written description of this request addressing the following items: a. Current ownership information and any proposed or pending property sales. Property is owned by Ck lvr If s S4fcuat-l", A real estate offer has been made by Andrea Fournet and Ramona Jones and accepted by owner conditional on property being rezoned RO. Real Estate Contract attached. b. Reason (need) for requesting the zoning change. The location of this property is surrounded to the North by old Washington Regional Hospital), to the East by RO and to the West by Washington County Parking Lot. All are already zoned RO or denser. Realistically this property is no longer a good site for residential use due to the changes in the neighborhood and surrounding buildings. The best use for this property is RO or denser. c. Statement of how the property will relate to surrounding properties in terms of land use, traffic, appearance and signage. The property rezoned RO conforms better to the surrounding property because properties on three side are already RO or denser. Traffic impact will be minimal. The current state of the property is dilapidated, vacant for years and in poor condition. The intended appearance will be improved drastically. We plan to restore the existing structure and land to its' previous beauty. Signage will conform to RO requirements. 1 May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 6 of 12 d. Sewer and water. The plat shows an 8 inch sewer main going to the house. Jeff Staggs advised we contact Water & Sewer Maintenance Division to determine if this is a public or private line. 6. The Planning Commission is required to make specific findings with regard to this application. The applicant shall provide written statements address the following: a. The degree to which the proposed zoning is consistent with land use planning objectives, principles and policies and with land use and zoning plans. According to the City 2025, this property is located in the City Neighborhood Area. City Neighborhood Area includes 'mixed and low- intensity nonresidential uses" which are usually confined to corner locations. This property is located on the corner of North Street and Pollard and is surrounded on three sides by RO or denser zoning. The proposed rezoning is 100% consistent with the City of Fayetteville's planning objectives. b. Whether the proposed zoning is justified and/or needed at the time of the request. This property has been for sale as residential for approximately three years. In its' present condition it is an eyesore and the longer it stays vacant is potentially dangerous. Rezoning is needed to make this property useable and is the best use for the neighborhood. c. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. Property is located on the corner of North Street and Pollard. Rezoning will not appreciably increase traffic danger or congestion. d. Whether the proposed zoning will alter population density and therefore undesirably increase the load on public services including schools, water and sewer facilities. Proposed zoning will not alter population density and will not undesirably increase load on public services. 2 May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 7 of 12 e. Why it would be impractical to use the land for any of the uses permitted under its existing zoning. Property is currently surrounded on three sides by RO or denser zoning; Parking lot to the west, hospital to the North, and RO to the East. It is also located on a very busy street, North Street. The property has been for sale for years and there has been no interest in purchasing it as a single family residence 3 May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 8 of 12 RZN09-3270 RAMONA JONES/41 E. NORTH Close Up View \'\\\\\ l"�i,� 5`'�\. �\sr�\\\���\\��\�\ �. xx i� \�� �\ rzvW k� t \yx \xx �,.�,\',"Y, '•\�i�\;.(y,~�`i`: 't'� ?.4 \\t `•.\il M � vn 1\S\l 1} t �.ry'`•1\',`.2 \ f\ 1. \9 5 ( vv`t'cu� "v� t xh \,� "P2v 5 x„. x i* +. A\ t z } 4 \uC .n L r\}�+N �}.� ♦� x A`v xv\ `V`. +.V�1x w" A ' � \A\A" "x x \ A ` vA6'>A. AAAA.. Al� vw�\\�x, ..;',' ..._.. .. SUBJECT PROPERTY I i I ¢� ai e� z. n 51 uii I __PIXE ST _ I MM i ¢f I�I 5'i u a �I RE uxtl uss zszs 5 i RA%iER W NaN wwP{{}[a I Rage��lai Naienm i GIVNeg�bwlwof �]'�:[W'InEVaVIN N&pf,GORmE Ran GNc aM Pnveb Open SpectlPaMa -. _Guc lnlNuanal N[nAfunixp-0Goremmenl ' ROW Q 0.3%Qerce Fl[[�plaln(YA-N Flmlplvn) ' PN'vltia 2[[e0.[Y.Onarca Flooepbinpro-yre[oeplalp ®ZmePE,1%Uanm FleMpiam(loo-yi FlwdpHin) ,®h NOi Fmipnnb ' L'�a99n O+MaYP[N[t '. �r Plannin95`+e+ O May 11,2009 o 37.5 75 iso 225 300Feet Planning Commission RZN 09-3270 Ramona Jones Page 9 of 12 RZN09-3270 RAMONA JONES/41 E. NORTH Close Up View a " 'b451", � ti�'a;��q}w-;,`,*,``k ".'�> ll"�°u'" '"T`i.,"�'�< in�' S�• a��s' '�1.T 4F��',.`Am �'� ,, `^�-,\d"P" Pt; tiv`.vy "-..vy{r ��:.. ,,�;. tits s`-v�k; ,s h s�aro\zk d. 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'�s'&.' �r,�z�z-a�.rrf .u�`�`'k$�a��- �c��F�'�:�>��y�s�,.�i. , ''�* s,^x -;am K b,,..� '�. � 1 ,rmr.^"•r�'�'' S� tio�nv y 4.�.� �. > E J�S:r r'v's`l'.`yytry ,s " v. i'} ,a)+?�` M. �> ,�,..�nF\u�� w ��f"S'";,"�iy*� mx�``�4'yy'Y�N v.�.ykiv'`A 0\S''� `„n”` 1 "�sna `'u,,+ny`e',a''dAk:'�'.U"1"k��•{„ ""}"x`^`�i`;�y `� �k��r g� , SUBJECT PROPERTY I s 1 \ ( a rRSFd \ A l VA a \ NORTH-Mi ai _ PIXE ST v{ r { 3 � a t r ' \ a� � I a3"2r.kh�•J: y�,kwl'`'n \1i a A d y v v \�vAA 1 v �A A AAA ` I r BARTER LN �. AA AVS A.1 A v Qv �vA AAV � 'w.1+tik4* {Av\} I AcV\�\)d,'•. v\h\t vv i \1v Vkr —_ Overview b9enJ uxoeana 02%Gvme Flmlphln(SOp�yr Floctlplein( ®. IDne0.lYe Genet Flmlylein(100-yr FlaMpleln� ®ZonegE,t%C�arce Flm�plaln(Ipp-yrFlml�Ivn( MMi Fwlprvi�s �+*.�2 @9gn PreISYdaNc1 O Fayetteville .n©enm�paea _ 0 37.5 75 150 225 300 May 11,2009 Feet p` fanning Commission RZN 09-3270 Ramona Jones Page 10 of 12 FZZN09-3270 RAMONA JONES/41 E. NORTH One Mile View 6 d �V t i RSF-0 l�NHILL§�i '�I�FA� D}NAL RAF � svev� v A yRSFd yI,,vai 7 vv�. 's ✓'^" � � rySFd a� w� � t� t ��_ A ,� v� vo ,RSFd I' ➢� � � MPdO R ¢ F-0 f i LYSRDI F4 W,`m V R Svl �I y \+1i'&r: t �AA ERNE SC+F KEL1A�Sf (7 �W" u�tt il� � t 2 � t 0.SN Sr � ft 1 ` RSFd SF Q E o �� SUBJECT PROPERTY .......... t El y" C Fn✓,Ali o' LY Sr� �� �. A A 4�OPE�$T a F� ¢-. �ADAFt65RI V z',h v�I � m� _ v KESIDFD F yptY{�DRN— 7 i CC�FBURN Pa \ a t t U1W Si�S NDQ:' � �`� LEUURN S� RSFd dl[iSFd;� aqq� RSFd PSFd a w WN,DR i '"' � L�VtSFd�� �R6Fd wl RSFd ¢ it :�RSF� Frl �� ��11�V 3�3 2AN ��I RSFd� RSP31'RSFAp5F4? }rA I I bi KSON "',qDN`"' I I i i I i j I Overview Legend �•� Subject Property 11 F-1 a ®RZN09-3270 Boundary 1 a t 0 0.25 0.5 1 May 11,2009 Miles Planning Commission 70 Ramona Jon s Agenda Item 2 Page 11 of 12 May 11,2009 Planning Commission RZN 09-3270 Ramona Jones Agenda Item 2 Page 12 of 12 Taye 11 PC Meeting of May 11, 2009 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: May 4, 2009 VAC 09-3267: (LIFE STYLES, INC. /SYCAMORE, 363): Submitted by BATES & ASSOCIATES for property located at THE NORTH CORNER OF SYCAMORE ST. AND SADDLEHORNE AVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.27 acres. The request is to vacate an unimproved portion of right- of-way for Sycamore Street. Planner: Dara Sanders Findings: Property Description: The property, containing approximately 1.27 acres, is currently vacant and located at the corner of Sycamore Street and Saddlehorne Avenue, adjacent to I-540. Both Sycamore Street and Saddlehorne Avenue have not been constructed at this location. Request: The applicant's request is to vacate a portion of unimproved right-of-way for Sycamore Street that is adjacent to I-540. Staff finds that construction of a bridge over I- 540 to the west is unlikely, and to staffs knowledge, has never been included in the Master Street Plan. An aerial map, showing the location of existing east/west connections across I-540 in the area, has been included in the staff report. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections May 11,2009 K:\Reports\2009\PC Repons\12-May 11\VAC 09-3267(Life Styles).doe Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 1 of 16 CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 09-3267 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Any relocation of existing utilities shall beat the owner/developer's expense. 2. The vacated portion of right-of-way shall be retained as a utility easement. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: May il, 2009 Motion: Second: Vote: May 11,2009 K:\Repons\2009\PC Reports\12-May 11\VAC 09-3267(Life Styles).doc Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 2 of 16 t• i tti cs;rrlerr,�a e a � �� ,. wp.><.�t � � r k�"a'Y�`„u� �15��`�y�u'v p r•a r .'o':'< '�. n a"� �ssr �i�i�na .��nvi v� r .ra ..�IDsW �'��4.•s” s '°ena�6d e '�s �"'^i -21 z 6s`� ..S� ries 6 P+±Nu mam 5` .,n �. e.ro•e.•m �''+ �{ ' ' g$ is onr � x� rsstr i" d .zT?' ¢s, sws a- i 0�` � � � � � r.� ` µShssuw�f 3��` r 9 i baa T'• `�rC ,� y''y '+d a' F � �� E .� X�3N y"r�§i$�@Sr�.'. Y fti � �. 4a ��3vYC Zg, i #a `>'.•n3r ht� �i ot: fra 7FFEE i �Tr rnt J$C s:��Esti t��`e w.rx PETITION PETITION TO VACATE A right-of-way LOCATED ALONG West Sycamore Street,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 right-of-way hereinafter sought to be abandoned '.. and vacated, lying along West Sycamore Street, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NOI026'44"E 399.83',N88°53'22"W 662.18',SOI'53'25"W 375.59',N88-33'03"W 109.04'TO THE TRUE POINT OF BEGINNING,THENCE S26°01'19"W 21.99',THENCE N88°33'03"W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE S88033'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. That the abutting real estate affected by said abandonment of the right of way is lot 47, Horseshoe Addition City of '.. Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described right-of-way. The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject, however,to the existing utility easements and sewer easements as required,and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. t Dated this qday of A Y 1 I 20 0 printed nine signature printed name signature May 11,2bW 4 Planning Commission VAC 09-3267 Life Styles, Inc ', Agenda Item 3 Page 4 of 16 4- 2-09: 12:23PM;AWC D:SpatCn Fay. AR ;4795828258 # 2/ S J I UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: April 1,2009 UTILITY COMPANY; ev-01-nAs Llsi-F-ieq 4A,-% Applicant Name:Bates&Associates,Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION(applicant must check all that apply) 0 Utility Easement 0 Right-of-way for alley or streets and all utility casements located within the vacated right-of-way. 0 Alley X Street right-of-way I have been notified of the petition to vacate the following right-of-way,described as follows: General location/Address: Comer of Sycamore St.and Saddlehome Avenue Description of Right of Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO I 02644"E 399.83',N88-53'22"W 662.18',SO 1'53'25"W 375,59',N88-33'03"W 109.04'TO THE TRUE POINT OF BEGINNING,THENCE S26-01-19"W 21.99',THENCE N88-33'03'V 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30-22'02"E 22.85', THENCE S88033'03"E 15122'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMMENTS: 19 No objections to the vacation(s)described above. 13 No objections to the vacation(s)described above,provided following described casements are retained. (State the location,dimensions,and purpose below.) 'SI—gnature of Utility Cornpany Representative fflLIA(La Title pqg.5 May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 5 of 16 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: April 1,2009 UTILYIYCOMPANY: COX COMMUNICATIONS Applicant Name:Rates&Associates,Inc. Applicant Phone: 479-442-9350. REQUESTED VACATION(applicant acus[check#A that apply): ❑ Utility Basement ❑ Right-of-way for alley or streets and all utility easements touted within the vacated light-of-way. ❑ Alley X Street right-of-way I have been notified of the petition to vacate the following right-of-way,described as follows: General location/Address: Comer of Sycamore St.and Saddlehome Avenue Description of Richt of Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,P ANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE'SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N01°26'44"E 399.83%N88-53-22"W 662.18',S01-53'25"W 375,57,N88-33,03-W 109.04'TO THE TRUE POINT 011BEGINNINGTHENCE S26-01-19"W 21:99',THENCE N88-33-03"Wl53.13'TOTBERIGHTOFWAY OF U.S. lNTEMATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30-22'02"E 22.85, THENCE 888033'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANYCOMMENTS: ❑ No objections to the vacation(s)described above. 111"� No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimonsions6 and purpose below.) ANY DAMAGE OR5 RELOCATION OF EXISTING FACILITIES WILL BE AT THE DEVELOPER'S EXPENSE. S' ure of Utility Company Representative FIELD ENGINEER Title Page 5 May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 6 of 16 UTTLFTY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: April 1,2009 UTILITY COMPANY: Applicant Name:Bates&Associates,Inc. Applicant Phone: 479-442-935 REQUESTED VACATION(applicant must check all that apply): 0 Utility Easement 0 Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. 0 Alley X Street right-of-way I have been notified of the petition to vacate the following right-of-way,described as follows: General location/Address: Comer of Svc= cc St.and Saddichome Avenue Descrimion of Right of Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED As FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TF ACTAND RUNNING THENCE NOI 026'44"E 399.83',N88053'22"W 662.18',SO I-53'25"W 375.59',N88-33'03"W 109.04'TO THE TRUE POINT OF BEGINNING,THENCE S26-01-19"W 21.99',THENCE N88-33'03"W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N3V22-02"E 22.85', THENCE S88'33'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMMENTS: CI No objections to the vacation(s)described above. No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) ALL E'41S;rlfJ� (ATIL(TY ERSGCY1tT11- S (�R RE-LOC'071—t oN 0-F A ILMS-11NC:n � LMES Wl (—L- BE C'A (ZC0 Vc)-p AT THE OWOEV' ba)CWPER' L-Lx Signature of Utility Company Representative OSP DjLask) tEWN) C-CYl- Title Page 5 May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Z 8 VC;LzSZP98t, ON/0Z:8 'JS/IZ:9 60 ,z t, (nHl) Agenda Item 3 Page 7 of 16 wcu'q AP r. 2. 2009 8:40AM No. 6121 P. 2 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: April 1,2009 UTILITY COMPANY: E f I sw P LQ Applicant Name:Bates&Associates_Inc Applicant Phone: 429-442.9350 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 X Street right-or-way I have been notified of the petition to vacate the following right-OJ--way,described as follows: General location/Address: Comer of Sycamore St and Saddlehorne Avenue Description of Right of Wayto be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N01026'44"E 399.83',N88°53'22"W 662.18',$01053'25"W 375.591,N88°33'03"W 109.04'TO THE TRUE POINT OF BEGINNING,THENCE S26001'1 9"W 21.99',THENCE N88°33'03"W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE 11540, THENCE ALONG SAID RIGHT-OF-WAY N30'22'02"E 22.85', THENCE S88'33'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMMENTS: No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below,) Signature OfUtility Company Representative _ klvJ AcCAI 7 Title Page s May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 8 of 16 04-02-09;07: 18AM; ;4796844617 # 2/ 2 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: AEril1,2009 UTILITY COMPANY; OZA�IrC.KS �L�GTOZ.IL Applicant Namc:Eater&AAs cisme ates.Inc. Applicant Phone: 79.442.9350 REQUESTED VACATION(applicant awl check E(!that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley X Street right-of--way I have been notified of the petition to vacate the following right-of-way,described as follows: General location/Address: Comer of Svcamore St.and Saddlehome Avenue Description of Richt of Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MOM PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING ATTHE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING '.. THENCE NO 1026'44"E 399.83',N88053'22"W 662.18',SOI°53'25"W 375.59',N88033'03"W 109,04'TO THE TRUE POINT OF BEGINNING,THENCE S26-01'19"W 21.99',THENCE N88°33'03'W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N3V22'0211E 22.85', THENCE S88633'03"E 151,22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMMENTS: So" No objections to the vacation(s)described above. ❑ No objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below. Signature&Ktility Company Representative Title ➢ogr J May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 9 of 16 04/03/2009 FRI 14:20 FAX 479 684 4730 WATER & SEWER Q001 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: April 1,2009 UTILITY COMPANY: Applicant Name:Bates&Associates,Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION(applicant must check ad that apply): 0 Utility Easement 11 Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. 13 Alley X Street right-of-way I have been notified of the petition to vacate the fiollowmgrighl-qf-w, v,described as Follows: General location I Address: Comer of Sycamore St.and Saddlehorne Avenue Description of Riplit of Wav to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO I 02644"E 399.83',N88-5Y22"W 662.18',SO I-53-25"W 375.59',N88-33'03"W 109.04-TO THE TRUE POINT OF BEGINNING,THENCE S26-0 I'l 9"W 21.99',THENCE N88-33'03"W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30-22-02"B 22.85', THENCE S89033'03"E 151.22-TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMMENTS: 0 No objections to the vacation(s)described above. ANo objections to the vacation(s)described above,provided following described easements are retained. (State the location,dimensions,and purpose below.) MCL"v Signature of Utiliq,Company Rep?ftcmative L�A� alt:V- Title Page J May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 10 of 16 UTILrYY APPROVAL FORM FOR RIGBT-OF WAY,VACATION DATE: Apel 1,2009 {{-''''�� �(( ' ^_,�.{,, UTILITY COMPANY: ra1jofl�lJ'& Spred was-'r, - .Applicant Name:Bates&Associates_Inc. Applicant Phomc- 479.442-9350 REQUESTED VACATION(eppGieant must ehwk gQ&at apply): D UtilityEasement 0 Right-of-way for alley or stmas and all utility eased located within the vacatednght of-wap. . O Alley . x Street dghtof-way I have been notified ofthe petitioa tovacate the following right-oFway,desmbed as faliows: General location/Address: Cotner of Sx%A me St and Saddlebome Avmce DmdU im of Right of Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 -.. NORTH,RANGE30WEST,WASHINGTONCOUNTY,ARKANSASMOREPARTICULARLYDESCRMEDAS - FOLLOWS:COhOdMCINGATTHE SOUTHEAST CORNEROF SAIDFORTY ACRETRACPANDRI)MMG THENCE N01-W44%399.83,N88"537TV 662.18',SOI-5375"W 375.59,N88°33'03"W 109.04'TOTHE TRUE POINTOFBEGIPNING,THENCE S26-01-19-W 21.99,THENCE N8r33'03"W 153.13'TOTBERIGHTOFWAY OF U.S. DTMSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30"22%-E 2285, THENCE S88"33'03"E15L2TTOTHE POINT OFBEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMMENTS _ No ebimhons to the vacations)dmc nW above- - - I7 - No objections to the vacation(s)described above,provided followmg desenbed casements are mined. (State the location,dimensions,and purpose below.) Signature of Utility Company\J Rbluesentative �AY2A`�O �n.Qlt�7tt ',v� l..lyl�t.�.tvi�et. Title �s May 11,2009 Planning Commission - VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 11 of 16 UTII3TY APPROVAL FORM FOR RIGHT-OF-WAY,VACATION DATE: April 1,2009 UTILffY COMPANY• Applicant Name:Bates&Associates.Inc. Applicant Phone: 479-442-9350 '... REQUESTED VACATION(applicant mars[check aff that apply). O Utility Easement 0 Rightof-way Ser alley or strects and all uulity easements locatedwithin the vacated right of-way. O Aley X Street rightof-way I have been notified of the petition to vacate the following right-of-way,described as follows: General location/Address: Corner of Sycamore St and SaMehome Averme Description of RigMof Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE30WEST,WASHINGTONCOUNTY,ARI{ANSAS,MOREPARTICULARLyDESCRIDEDAS _ FOLLOWS:COMMENCINGATTHE SOUTHEAST CORNEROF SAIDFORTYACRETRACfAND RUNNING THENCE NOPM44"E 399.V,N89-53'22"W 662.19,S0I-5375"W 375591,N8893'03-W 109.04'TO THE TRUE POINTOFBEGI4NING,THENCES26°Ol'l9"W21.W,114ENCE N88°33'03"W153.13'TOTHERIGHTOFWAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30"ZT02"E 22.85, THENCE S88°33W-E 151.22'TO THE PONE OF BEGINNING,CONTAINING 0.07 ACRES,MOREORLESS.SUB=T TO ALL EASEbIENTS AND RIGHTS-OF-WAY OF RECORD. UTILITY COMPANY COMAiRNTS: /u' No objections to the vacation(s)described above . 13 No objections to the vacation(s)described above,provided following described easements are retained. (State the location,di nemons,and purpose below.) - Stanton:of ulity Company Repres 've s �.1� S:^oLUrCPc 1//2 Title Payee 5 5 May 11,2009 Planning Commission VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 12 of 16 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY VACATION REQUESTS Date: April 1,2009 Address/location of vacation: Corner of Sycamore St.and Saddlehome Avenue Adjacent property address: JDH Investments, 16058 Cypress Lane,Rogers,AR 72756 Lot: 47 Block: Subdivision: Horseshoe Addition REQUESTED VACATION: I have been notified of the petition to vacate the following right-of-way,described as follows: Description of Right of Way to be vacated A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO 1026'44"E 399.83',N88°53'22"W 662.18',SOI°53'25"W 375.59',N88°33'03"W 109.04'TO THE TRUE POINT OF BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13' TO THE RIGHT OF WAY OF U.S. INTERSTATE#540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE S88033'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. 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 1 do object to the requested vacation because: �l� b2ffi/� zf Property Owner(printed) ature of Property<wner May 11,2009 Planning CoPagAssion VAC 09-3267 Life Styles, Inc Agenda Item 3 Page 13 of 16 VAC09-3267 LIFE STYLES, INCJSYCAMORE Close Up View „. Y�V•."- s� ^.-,:.�„� r q z..;*� � } a;a 1x`'-•,a :x r rm`yrY J Y a 4A t r t l ,]xyfg i �xi'g SUBJECT PROPERTY 4c' Oil 4Y Sl l D S ✓ X v vm a u m s Y \ Y+ ✓ / ,, x3vy�a' i ryt9 r a byr9ytr -2 ✓ 11 va _ � �� I x .! 1?zrs ^r{ �?;. x ,3n x �t�,3''�,s •'x�ya,F' . r� xr x:'v� rxu if'x'/ '�3r: z r as ✓� � �]n.�*r'x^pa Fsi �_ SYCAMORE ST_—�._ 331` �u^4': M 1M3 "`w xsp� A Y` >§ r t ea7 2" ✓,$'s^' y� w ✓ r'rr�S3 in x' h-L x ,S-'�^^ .w=1 ^� 2'�S .raS.� �" 1 � . a+zs"",'3't'* R '� �x 'zt ^z �� / �. 13^Y' 1e}1�' G$��;i'�i ,:.✓k't+r�<.+,':"' .:<,y0.>'�raEm` / /•va y"r� w e KE "x, s 1 +: .n tyc '� " `3 t � °31'ie �irs'�E a, �" ext �.✓te3., o � t b 1s.`"x �W Y3 ' � ��„*` :�?�� 4*v '✓' x+ 5*i s�n� � rrw- � �' 4µ���� `�'�'a✓�„ yy �'" w'�; �°' ` *?u;3 "i ''`!�eFa ��, � a .' � ux vk:. �o iSara` ` �` x 'i `1L` `s��"'�l � 3; '�d�'� As4x `✓'� Overview Legend VACOP3R] QO ee A. ance RIn pte-(1 0 Pule) Zon.A.f1 Genco FlooePl'ln'In-}+Flro]Plan) IDneAE,1%CPanm FbWPIyn 1100-yr Flm]plvn) N 200]FmryalMs eNR98+OwIaYbMel O Fayetteville •1 3PlsnrtngA 0 37.5 75 150 225 300 y1'2009 Fee[ FeP tanning Commission VAC 09-3267 Life Styles, Inc I. 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