Loading...
HomeMy WebLinkAbout2011-03-14 - Agendas - FinalPlanning Commission Planning Commissioners Officers Audy Lack, Chair Matthew Cabe, Vice -Chair Craig Honchell, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting March 14, 2011 Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Jeremy Kennedy Porter Winston A meeting of the Fayetteville Planning Commission will be held on March 14, 2011 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 • Nominating Committee to meet immediately following agenda session to prepare ballot for election of officers. Consent: 1. Approval of the minutes from the February 28, 2011 meeting. 2. VAC 11-3764: Vacation (152 E. APPLEBY RD./OZARK DERMATOLOGY, 251): Submitted by JOHNNY QUINN for property located at 152 EAST APPLEBY ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.51 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner 3. VAC 11-3769: Vacation (237 RAY AVE./BRACEY, 526): Submitted by JOHN BRACEY for property located at 237 RAY AVENUE. The property is zoned R-PZD, RESIDENTIAL, PLANNED ZONING DISTRICT TIMBER TRAILS and contains approximately 0.15 acre. The request is to vacate a portion of a utility easement. Planner: Dara Sanders New Business: 4. ADM 11-3773: Administrative Item (Bungalows at Cato Springs R-PZD Modification No. 2, 600): Submitted by BURKE LARKIN for the property located on the NORTH SIDE OF CATO SPRINGS ROAD, WEST OF CLINE AVENUE. The request is to amend the approved R- PZD 05-1797 Bungalows at Cato Springs to revise the zoning criteria to include Use Unit 12, Limited Business, on Lot 30 as a permitted use. Planner: Andrew Garner 5. CUP 11-3765: Conditional Use Permit (908 ROLLINGS HILLS DR./SHAVE PLANET, 252): Submitted by ERIC SIEBERT for property located at 908 ROLLINGS HILLS DRIVE, STE J. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.88 acre. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). Planner: Dara Sanders 6. CUP 11-3762: Conditional Use Permit (4618 N. COLLEGE AVE./MAE FARM, 096): Submitted by CYNTHIA HASELOFF for property located at 4618 N. COLLEGE AVENUE. The property contains approximately 17 acres and is zoned R -A, Residential - Agricultural and C-2, Thoroughfare Commercial. The request is for a conditional use permit for temporary sales trailers to remain on the property for longer than 90 days (Use Unit 2) and for commercial recreation (Use Unit 20) for an agri-tourism business. Planner: Andrew Garner 7. CUP 11-3763: Conditional Use Permit (3372 N. COLLEGE AVE./SUPERIOR NISSAN, 213): Submitted by NICK JONES for property located at 3372 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.00 acres. The request is to allow music to be played over the speakers outside the building (Outdoor Music, Use Unit 35) in the C-2 Zoning District. Planner: Dara Sanders The following items have been approved administratively by City staff.• LSP 11-3755: Lot Split (LAMBERTH, 446): Submitted by H2 ENGINEERING, INC. for property located at 603 N. WILLOW & 210 E. DAVIDSON. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.45 acres. The request is to divide the subject property into two tracts of approximately 0.18 and 0.26 acres. Planner: Dara Sanders FPL 11-3756: Final Plat (PH lA & 2 OF OAKBROOKE PH 3/ BEST FRIEND LN, 361): Submitted by BATES & ASSOCIATES for property located at BEST FRIEND LANE and WINTER EVENING PLACE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 5.47 acres. The request is for Final Plat approval of Phase I & 2A of Oakbrooke Ph 3 with 28 single family lots. Planner: Dara Sanders LSP 11-3771: Lot Split (1740 W. CROWNE DRIVE/CROWNE APTS., 598): Submitted by JONES LAW FIRM for property located at 1740 W. CROWNE DRIVE. The property is zoned RMF -24, RESIDENTIAL MULTI -FAMILY - 24 UNITS/ACRE and contains approximately 25.65 acres. The request is to divide the subject property into two tracts of approximately 18.79 and 6.86 acres. Planner: Dara Sanders 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. e PC Meeting of March 14, 2011 THE CITY OF FAYETT'EVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Gamer, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: March 7, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 11-3764: Vacation (152 E. APPLEBY RD./OZARK DERMATOLOGY, 251): Submitted by JOHNNY QUINN for property located at 152 EAST APPLEBY ROAD. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 0.51 acres. The request is to vacate a portion of a utility easement. Planner: Andrew Garner Findings: Property Description: The subject property is located at 152 East Appleby Road and contains a medical office and parking lot. There is a 60 -foot utility easement that traverses diagonally across the site. It appears that this easement was originally designated as a general utility easement, but that the original purpose was to preserve the right of clear passage of two separate high pressure gas pipelines across the site. There do not appear to be any other utilities in the easement besides two gas pipelines that are located in the center of the easement, as shown on the submitted survey. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North and East Single-family RMF -24 South Undeveloped R -O East Undeveloped RSF-4 West Medical Office R -O Request: The applicant's request is to vacate 3 -foot strip of the 60 -foot wide easement (0.01 acres) as indicated on the submitted survey and legal description. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES Ozarks Electric Cox Communications RESPONSE No Objections No Objections March 14, 2011 G.\ETC\Development Services Review\201 I\Development Review \11-3764 VAC 152 E Appleby Rd (OzarkDeft&l4M'Afon Planning Commission \03-14-2011\Comments & Redlines VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 1 of 16 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T/Southwestern Bell No Objections 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: Finding that adequate access exists for provision of utility service and vacation of the subject portion of the easement will have no adverse impacts, staff recommends forwarding VAC 11.3764 to the City Council with a recommendation of approval with the following condition: Conditions of Approval: 1. Any relocation of existing utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: March 14, 2011 Motion: Second: Vote: Note: Marcs 14 2,011 GP\ETC \Development Services Rev iew\201 I\ Development Review\l I-3764 VAC 152 E Appleby Rd (OzarkDer��`�rc iiNikgsion Planning Commission \03-14-2011\Comments & Redlines VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 2 of 16 MCCL I11LE'CONSULTINGELLAND ENGINEERS, INC. DESIGNED TO SERVE 1810 N. College Avenue P.O. Box 1229 Fayetteville,AR 72703/72702-1229 479-443-2377. FAX 479-443-9241 www.mcclelland-engrs.com February 3, 2011 Fayetteville Planning Commission 125 West Mountain Street c/o Planning/Engineering Office Fayetteville, AR 72701 And Fayetteville City Council c/o City Hall 113 West Mountain Street Fayetteville, AR 72701 RE: Petition to Vacate a Portion of an Existing Utility Easement Across 152 E. Appleby Road, Fayetteville Ladies and Gentlemen: Please find attached to this letter supporting documentation for our request to vacate a three feet (3') wide strip of land off the northwestern side of a 60 -feet wide existing utility easement across the property at 152 E. Appleby Road. While the approved Plat of Subdivision appears to designate this easement as a "general utility" easement, it is our understanding that the original purpose of the easement was to preserve the right of clear passage of two separate high pressure gas pipelines across the subject property. To our knowledge, the existing easement contains only those two gas pipelines; no other utilities are located within the subject easement. The pipelines are approximately in the center of the easement. The intent of this request is to vacate a narrow strip of the easement so that the building, its footings, and its overhang are completely outside of the limits of the 60 -feet wide easement. The purpose of this request is to clear up the issue of encroachment of the building upon the easement so that the current property Owner can meet the Buyer's conditions of purchase of the property. Then, the Owner can close his negotiations to buy another piece of property to expand his practice in the City of Fayetteville. The gas company, as well as other utility owners and adjacent property owners, are agreeable to this action as verified by the enclosed documentation. J:\2010\102715 - St. Clair Easement Adjustment \Correspondence\Petition to Vacate.docx March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 3 of 16 Please advise me if there are questions or comments regarding this matter. On behalf of the Owner, McClelland Consulting Engineers, Inc. Copy: Dr. Kevin St. Clair, Owner, Ozark Dermatology Jordan Jeter, Flake & Kelley Commercial Enclosures: Easement Vacation Packet, City of Fayetteville, with attachments J:120101102715 - St. Clair Easement Adjustment\Correspondence\Petition to Vacate.docx March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 4 of 16 PETITION TO VACATE* PETITION TO VACATE AN (easement) LOCATED IN (Lot 2 and 3, Block 3, Regency North, Phase 2 Subdivision) CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City of Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting that portion of the easement hereinafter sought to be abandoned and vacated, lying in Lot 2 and the North 30 feet of Lot 3, Block 3, of the Final Plat of Regency North, Phase 2, a subdivision to the City of Fayetteville, Arkansas, per the plat on file in Plat Book 8, page 96 in the Office of the Circuit Clerk and Recorder of Washington County, Arkansas, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: METES AND BOUNDS DESCRIPTION OF A PORTION OF THE 60 FOOT WIDE UTILITY EASEMENT TO BE VACATED A portion of a 60 foot wide utility easement, said easement crossing Lot 2 and the North 30 feet of Lot 3, Block 3, of the Final Plat of Regency North, Phase 2, a subdivision to the City of Fayetteville, Arkansas, per the plat on file in Plat Book 8. page 96 in the Office of the Circuit Clerk and Recorder of Washington County. Arkansas, and said portion of a utility easement being more particularly descrihed as follows: Commencing at a point which is South 89 degrees 40 minutes 42 seconds East 24.92 feet from the Southwest corner of Lot 6. Block 2. of the Final Plat of Regency North, Phase 2;thence North 39 degrees 14 minutes 06 seconds West a distance of 227.48 feet to a point; thence North 35 degrees 22 minutes 40 seconds West a distance of 134.09 Leet to a point; thence North 28 degrees 37 minutes 58 seconds West a distance of 136.92 feet to a point; thence North 22 degrees 34 minutes 39 seconds West a distance of 259.13 feet to a point on the south line of the North 30 feet of said Lot 3, Block 3 thence along said south line North 89 degrees 47 minutes 15 seconds West a distance of 34.71 feet to the POINT OF BEGINNING OF THE EASEMENT TO 13E VACATED (P.0.13 OF EASEMENT TO 13E VACATED); there continue North 89 degrees 47 minutes 15 seconds West a distance of 3.25 feet to a point; thence leaving said south line North 22 degrees 34 minutes 39 seconds West a distance of 173.49.Ibet to a point on the north line of''said Lot 2. Block 3:thence along said north line South 89 degrees 52 minutes 06 seconds East a distance of 3.25 feet to a point; thence leaving said north line South 22 degrees 34 minutes 39 seconds East a distance of 173.49 feet to the POINT OF BEGINNING OF THE EASEMENT TO BE VACATED (P.O.B OF EASEMENT'CO BE VACATED), containing 0.01 acres, as surveyed. That the abutting real estate affected by said abandonment of the alley are Lots 2 and 3, Block 3, Regency North, Phase 2 Subdivision, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above descrihed easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above descrihed 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 be to 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 easement. Dated this day of !eb/_____ , 2011_. 9LL Kevin St. Clair, MD J ,{(//J/_\ Print Name �p ‹c���/v \lam Signature off -Cs Sc*kuq Printed Name Signature March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 5 of 16 U'T'TLT'TY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/26/2011 UTILITY COMPANY: COX COMMtnvTCATIONS APPLICANT NAME: JOItNNY QUINN (MCE) APPLICANT PFIO REQUESTED VACATION (Opp:leant Must check gdz X Utility Easement .. Right-of-way for alley oc streets and nll. utility easements located. within the vacated righs- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easernenl, !IMPof-way), described as follows: General location / Address (referring to attached document -most be completed**) ,, OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROAD, FAYETYEVILLE, AR 72703 WY): 479-443-2377 (A77AClllegal rle.seription twit graphic rep rasen4Son ofwhet ix Laing raC4I8d-.4UR:VEY) UTILITY COMPANY COMMENTS: e No objections to the vacation(s) described above, • No objections to the vacation(s) described above, provided following do bed cassntents are,ttai aad. (S€at the Location, dimensions, and purpose below.) • No objections provided the following conditions are mets ANY t7AMAGE OR RELOCATION OF EXISTING FACILITaES fi1LL '3E RT AEW3LOPER'S COST, igr va'"e of Utility Company Representative FTELTi ENGINEER Title Judy 2009 Pages March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 6 of 16 01-12-11;11:47AM; UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: / UTIIdTY COMPANY: /3 ZACK S ,c /e rdri G :479-684-4617 # 2/ 2 APPLICANT NAME: JOHNNY QUINN (MCL) APPLICANT PHONE: 479-443-2377 REQUESTED VACATION (applicant must cheek ?(j that apply): X 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•") • OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703 COMM legal description and graphic representation of what is being vacated -SURVEY) U lL1TY 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.) n 7rlrt5 mt= ote"- /S /A) » e Co �mrrlkart OZ-/WK5 f+S Na o6jec4to • No objections provided the following conditions are met: Signature ofUt/ri1Ey Company Representative eACI 5-k;AJ, Title lu?y 2009 Page 5 March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 7 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1 — l35 " ani l I UTILITY COMPANY: PlkY I(' tin S UWt4e ;An JOHNNY QUINN (MCE) 479-443-2377 APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): X 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**) **OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703 (A TTACH legal description and graphic representation of what is being vacated -SURVEY) 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.) • No objections provided the following conditions are met: Signature of Utility Co Title epresentative July 2009 Page 5 March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 8 of 16 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: 4e IP - 5w COY CO APPLICANT NAME: JOHNNY QUINN (MCE) APPLICANT PIIONE: 479-443-2377 REQUESTED VACATION (applicant must check alba! apply): X 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 ns follows: General location / Address (referring to attached document- must be completed**) **OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703 (ATTACH legal description gringraphic representation of what is being vacated -SURVEY) 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.) • No objections provided the following conditions are met: Sign of Utility Company Represef ttti-ive r 71r; e aii rvl lvrii r✓.rc' er- Title July 2009 Page 5 March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 10 of 16 eS0k.‘\ (.1 GOtik ijk;(3 eet...(0 rK:.; - APPi JC)N‘IF4 OZARJr.; OEFIVIATOLOGY CL. 162 EAS.; PONS, 2P2YETTEVIL.LE: AR 72703 UTILITY CON4PM,N COMMENT& • c, i;2;1ick•li3ns pro,/ foih.,wing cifildiDons yJ Trgt , Si miture of Utility Company Rel vsentative "ev\k Title March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 11 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1-25—I UTILITY COMPANY: �oy�1�xv�Zl>L Nb 0wV- .+r$ow�,- APPLICANTNAME: JOHNNY QUINN (MCE) APPLICANT PHONE: 479-443-2377 REQUESTED VACATION (applicant must check all Mat 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**) **OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROAD, FAYETTEVILLE, AR 72703 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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.) • No objections provided the following conditions are met: Cra Signature of Utility Company Representative Title July 2009 Page 5 March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 12 of 16 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: et/ "f'' j Cf 1, r`jgF 7 VfLLE / 1 lfv"S/'`xr. ! Ir}4i Pf k'. APPLICANT NAME: JOHNNY QUINN (MCE) APPLICANT PHONE; 479443-2377 REQUESTED VACATION (applicant mast cheek all that apply): X Utility Easement • Right-of-way for alley or streets and atl utility easements located wiihin the vacated riga- of- way. • Alley - Street -right-of-way 1 have been notified of the petition to vacate the following (alley easement, right-qf-u+sry). described as follows• General location / Address. (referring to attached document -must be completed") ,,„„OZARK DERMATOLOGY CLINIC , 152 EAST APPLEBY ROM), FAYETTEVILLE, AR 72703 (ATTACH legal description and graphic represenlotion of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: / No objections to the vacation(s) described above. • No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following cpndi'tions areanet: Signature of i t moony Representative ¢ /�/ Zy/ 43 - -jr4 �lt4(rioai %•. A%r/ (.0 Title July 2000 Page 5 March 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 13 of 16 0 N LO ha NN e N a 2 a /I. 0 0 0 N 0 N e 0 N01 1f1 S 89.52'06' E isd 54 Pig 71.0mrt!Pt 24g $e E8 ii5_wnAiz—.a 2 E -iz. w€ ' F 11 5= $sod izon:Auff ms& 5„, ms $e`ifrszzezp- -_^ni 118 <mili3As5sfrs g09s1fi958s9fr K -Arra enworm K -!NX c 00007 160.13' rz-mm t u3Nnror S U/'!Y J t W 'W G ro a a m a / - // y ry 1 f 0 m V wwm 41 1111.' o Ii I N d 3a E.// 'XnwLLONa iiratt' ice' 'a P] M �aaa���uuu000ttt al s tge II F.w-g' 3 .,p // 01 ,30V �� GPS I vii" NO r: -- l�'- 4 ... ,,est �w�- Q. _� µ* Aq ,��e Os th lel CI Df Nath 30 feet of Lot 3. Block 3-, I , W O 40\^. `;a10 � "4b i 1< 22 site 8- q, 'Sr ,;.*:"s c i 11 .-1 S`$� ma 9 �i Jbit „:...,t1/4. ..��v,. N�Otig9' 1 O ex. - m$ �8 � . g. t L 9 -Cp — C 4- w�T e M 'ITS172- O CLG O e 3 Z 1'r 1g as 3 _ J 'NAB= 3m10/401 68'6ST /_ . — — Y- .3NOi e u3NVOY �� 3 .bbfLO.L nn $mS a, II P 83100 ONv Otlfq ILLIM avoa 313& NOO�30Qa SOW SStarch 14, 2011 anning Commission VAC 11-3764 Ozark Dermatology y a u3NrceOY R-3rce :a e4 z Pana 14 of 1R VAC11-3764 Close Up View OZARK DERMATOLOGY 0 Legend >Y 1 Ra CYONEE Sr 11AC11-3764 ••••••-•-•' 71uti-Use trail (xisting) Future Trails JASON DR R -O RMF -24 x,v,Footprints 2010 Hillside -Hilltop Overlay District Design Overlay District Design Overlay District Planning Area Fayetteville 0 375 75 150 225 300 Feet March 14, 2011 fling mm,n VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 15 of 16 VAC11-3764 OZARK DERMATOLOGY One Mile View iRu. SONIC DA ICE ST as 1 R8R-I SUBJECT PROPERTY I �ERTHA Rsr. RSF4 IfAROLO S7 psr4 SAJARCLIFP ST Rses :CORTtANn ST W ETON ST RSP aw; Rsw FURMANR3F'. BpENNIk RaF. O�LIIFFF ST Rs IVIV1ELN ROSEMONT STRe" OR D1 RSF. Rena RW -4 aa O Overview Legend Subject Property ® VAC 11-3164 Boundary 0.25 0.5 VAC 11-3764 Design Overlay District Planning Area • Fayetteville 1 M i l eslarch 14, 2011 Planning Commission VAC 11-3764 Ozark Dermatology Agenda Item 2 Page 16 of 16 ' elteville Y ARKANSAS PC Meeting of March 14, 2011 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: March 7, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 11-3769: Vacation (237 RAY AVE/BRACEY, 526): Submitted by JOHN BRACEY for property located at 237 RAY AVENUE. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT TIMBER TRAILS and contains approximately 0.15 acre. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description: The subject property is located at 237 Ray Avenue, east of Happy Hollow Road, in the Timber Trails neighborhood, and is developed for a single-family home. The surrounding land use and zoning consists of single-family residences. A recent survey of the home conducted as part of a real estate transaction revealed that the overhang of the home encroaches into one foot of a general utility easement on the east side, as well as the required front setback and north side setback. The survey also reveals that a wood deck was constructed without a building permit to encroach into the required north side setback and over the property north property within the tree preservation/common area. To resolve this issue, the applicant is required to remove the deck or obtain approval of a property line adjustment, vacate the tree preservation area, and request a variance from Board of Adjustment for the front and side setback requirements. Request: The applicant's request is to vacate a portion (178.7 square feet) of a utility easement. The applicant has submitted the required easement vacation 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 March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 1 of 14 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections 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 tabling VAC 11-3769 to the March 24th Planning Commission meeting to allow staff and the applicant to address the issue of the tree preservation area and setback encroachments. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: March 14, 2011 Motion: Second: Vote: Note: March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 2 of 14 O G O 00 n -D A 9m 3' 23 m0 m I ti N N m 0 0 RAY AVENUE 30' AS50' R/W --o' ('URB 0 FORME AND BEWPHTOE LINDSEY & ASSOCIATES STACY PIXLEY ADDRESS 237 S. RAY AVE. FAYETTEV/LLE. ARKANSAS DATE: 01/0/2000 SCALE: I"=20' suRVE,FD: DRAFTED: DT Dr REVIEWED: DT LOCATION: WI 2 TIMBER TRAILS SUBDIVISION wee ....... ------------- TEC. C . _NA AL v1FW Bates °& Associates, Inc. Civil Engineering & Land Surveying LEGEND: =wA.., • m rou ou, REBAR CAP n.ls© c> F . rnic m6^0 & no IWI.... NLII n CA LE0 0EETAITAE ED Afcown o m0TEOO. SAM CURS URB s --- (Lill EKLINE or Ro.oiarch 14, 2011 — WATER TINE Planning Commissigo -- — "'WING 0001 00: VAC 11-3769 Bracey Agenda dem 3 Page 3 of 14 Agenda Item 3 Page 4 of 14 SA9 -- 20.-0" 20'.0,: la N m r aa z 2 9S • �2F S2j _— N S.Op, 12 p'�° 21.46: ro 561°22'6 LOT 2 105.42' N86°57'1"W CONST SUB: c A g __R4 to ON CONFORMS , T1'ED • ... • KS Afi . RTED j••LATED FAYETTEVILLE DING SAFETY 44.05' N82° 54' 24"E -2O'0" Ute. SIT MINDRAIMUM • 0 MINIMUM / DATE DATE & PLANNING DIVISION ri 7`0" SET SE 3 0 _ -.14'-0" j IJ w a J — r c DRIVE LONG Timber Tralis Subd. Fayetteville, AR Jon Brittenum Gonst. October 10, 2009 PLOT PLAN N Setbacks: Front: 20' Rear: 20' Side: 8' PREGISON LAYOUT, INC. P.O. BOX 10108 FAYETTEVILLE, AR. JKE1949@Y OM CELL: 419.841.46141.4674 J March 14, 2011 Planning Commission Agenda Item 3 Page 4 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: r1 F68 11 UTILITY COMPANY: C I jY aP FAYE rir VI LLE" Wain 4 Semfate APPLICANT NAME: wire ! 6 I # a'H1PI�ICANT PHONE: 'Y7 P - tee r" 7.ts S REQUESTED VACATION (applicant must check fig 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"*) zar 2 231 5, Rai Ave, FAyg-rrgytt.t-E AR KIM SA 5 17.4214 TRAILS (ATTACH legal description put graphic representation of what is being vacated -SURVEY) 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.) • No objections provided the following conditions are met: 43.1,8„;.,_, Signature 1M� Signature of Utility Company Representative OPERA -r oMS MAN"SCR Title March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 5 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: ) a • b9(• ZO l O UTILITY COMPANY: AT & T — Sue Clouser 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 easements, described as follows: General location/Address: a' 3l S • PR,fi-? )9U See attached existing easements and proposed easement drawings for details. UTILITY COMPANY COMMENTS: O Objects to the vacation(s) described above. rll No objections to the vacation(s) described above. b A as t Ckecj co Cta.v» eM4 ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) O No objections to the vacation(s) described above, provided the following : t nature of Utility Company Representative OSP DES I &ti En)Gt nlEEt-L Title March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 6 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /2/140 UTILITY COMPANY: Coc 74:04.75- APPLICANT 4tl.n!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•s) WW (ATTACH legal description and graphic representation of what is being vacated -SURVEY) 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.) • No objections provided the following conditions are met: An7 0140,0.9(or re/oc*Xa, n. &xis/.:, ir€ 4Y. » c.iii/ br 414-- d d./oprrr o cxdoOtel ✓� Ski - of Utility Company Representative Title July 2009 March 14, 201 page 5 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 7 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1/ / q/,'j UTILITY COMPANY: /9 EP - Sc !EF `- -CD APPLICANT NAME: AACOMP/rifirlf APPLICANT PHONE: y%9 - rv'- Iso f 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 wheat is being vacated -SURVEY) 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.) • No objections provided the following conditions are met: Nature oTUtility Cofhpany Representative Title March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 8 of 14 MTFILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: /2./ 7419 UTILITY COMPANY: APPLICANT NAME: W PO 2LC V C reps - REQUESTED VACATION (applicant nuts: check a!!1 that REQUESTED V C (app _ 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 APPLICANT PHONE: 4/ 7 7- st s' 7-4 5 I have been notified of the petition to vacate the following (alley, easement, right-af-way), described as follows: General location / Address (referring to attached document- must be completed**) Jr* (ATTACH legal description and graphic representation ajwhat is being vacated -SURVEY) 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.) • Noobjectionsprovided the following conditions are met: / ? An7 //o/` awsy Ole ai /tP/vCGd'.lx-1 en -le evJeit 01;n C, cg ej iri-4.4// ke d- dl8.ii�DtoB✓ s CiX70 si✓F_ Si Tittle i� of[�jl ity Company R � presentative March 14, 2011 Planning ComM;S999 VAC 11-3769 Br@¢ey5 Agenda Item 3 Page 9 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1217/10 UTILITY COMPANY: © 2M€K S £4cG r/Z c 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 -SURVEY) 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.) • No objections provided the following conditionsare met: ` 4n7 c/aace a vi Pe/vc4,ta//* o FxiSJ y e�'aer.:414".? 4,A1i/ %C 9It et kret✓ 9 t'AC Rens s ✓f SiAiiii.,jvr f it ity Company Representanvc t�Ti�e act d s7-416Ai, /26/ March 14, 2011 Planning Cord -HM VAC 11-3769 BiRe'e'ys Agenda Item 3 Page 10 of 14 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: SU 1 C' (iiCkS' �'CwiC(‘ s APPLICANT NAME: wra (T l 5r'1'e 9),ICANT PHONE: 5'71 — REQUESTED VACATION (applicant must check all that apply): Utility Easement Rig 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**) a 3 `I s Rck.k- Aue. Y Y S— 7r,s- (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: C• �) 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.) • No objections provided the following conditions are met: Signature of Utility Compdhy Representative -}}-- Ul)cUa-�v! t.rr�- CUcs-c.Cwc:x-di"'i Title March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 11 of 14 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: i "/t/// UTILITY COMPANY: `t `� rA7,-4,, �• �y �s/Jol42%i- 0 t a 3/en- APPLICANT NAME: W'Fi3/ # *a/APPLICANT PHONE: //9— firs= 7.6 5 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 -SURVEY) 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.) • No objections provided the following conditions are met: Signature Utility Company Reprative Axl -5/100 1j b-. Setts) ct, (D/te c 71,n Title March 14, 2011 Planning Commission VAC 11-3769 Bracey Agenda Item 3 Page 12 of 14