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Home My WebLink About2011-08-08 - Agendas - FinalPlanning Commission Officers Matthew Cabe, Chair Porter Winston, Vice -Chair Sarah Bunch, Secretary aye evtlle ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting August 8, 2011 Planning Commissioners Chris Griffin William Chesser Kyle Cook Hugh Earnest Craig Honchell Tracy Hoskins A meeting of the Fayetteville Planning Commission will be held on August 8, 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 Consent: 1. Approval of the minutes from the July 25, 2011 meeting. 2. VAC 11-3887: Vacation (2388 N. COLLEGE AVE./KUM & GO, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Old Business: 3. CUP 11-3841: Conditional Use Permit (1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for property located at 1 WEST CENTER STREET. The property is zoned P-1, Institutional and is on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. Planner: Dara Sanders PLANNING STAFF RECOMMENDS TABLING THIS ITEM INDEFINITELY 4. RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Planner: Andrew Garner PLANNING STAFF RECOMMENDS TABLING THIS ITEM TO THE AUGUST 22, 2011 PLANNING COMMISSION MEETING. New Business: 5. ADM 11-3907: Variance Item (57 E. TOWNSHIP ST./MONTESSORI, 329): Submitted by BATES & ASSOCIATES for property located at 57 EAST TOWNSHIP STREET. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.75 acres. The request is to allow permanent structures to be placed within a Streamside Protection Zone, along with streamside improvements to establish a riparian buffer. Planner: Jesse Fulcher 6. CUP 11-3886: Conditional Use Permit (1649 VIEWPOINT DR./JARRATT, 409): Submitted by HUGH JARRATT for property located at 1649 VIEWPOINT DRIVE. The property is zoned RSF- 4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.72 acres. The request is to build an accessory structure before the primary structure for the storage of two vehicles and maintenance equipment required to upkeep the property. Planner: Jesse Fulcher 7. CUP 11-3890: Conditional Use Permit (4458 E. HUNTSVILLE RD./ALDERSON, 569): Submitted by CECIL ALDERSON for property located at 4458 EAST HUNTSVILLE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.81 acres. The request is for a metal accessory structure that exceeds 50% of the size of the primary structure. Planner: Dara Sanders The following items have been approved administratively by City staff: LSP 11-3878: Lot Split (453 & 465 LOCUST AVE./THE SYCAMORE HPR, 523): Submitted by ALAN REID & ASSOCIATES for property located at 453 & 465 LOCUST AVENUE. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.66 acres. The request is to divide the subject property into three tracts of approximately 0.13, 0.22, and 0.31 acre. Planner: Jesse Fulcher LSP 11-3898: Lot Split (1147 N. SUNSET DR./LIGHTBEARERS, 404): Submitted by BATES AND ASSOCIATES for property located at 1147 NORTH SUNSET DRIVE. The property is zoned RSF-4, SINGLE FAMILY- 4 UNITS/ACRE and contains approximately 0.52 acre. The request is to divide the subject property into two tracts of approximately 0.18 and 0.34 acre. Planner: Andrew Garner LSP 11-3899: Lot Split (1030 S. HOLLYWOOD AVE./WALLY PROPERTIES, 559): Submitted by ALAN REID AND ASSOCIATES for property located at 1030 SOUTH HOLLYWOOD AVENUE. The property is zoned RSF-4, SINGLE FAMILY- 4 UNITS/ACRE and contains approximately 0.54 acres. The request is to divide the subject property into two tracts of approximately 0.25 and 0.29 acre. 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. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on July 25, 2011 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville, Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent: MINUTES: July 11, 2011 Page 3 Approved Old Business: CUP 11-3841: Conditional Use Permit (1 W. CENTER ST./DICKEY, 523) Page 3 Tabled CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484) Page 4 Approved RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371) Page 5 Tabled New Business: RZN 11-3877: Rezone (130 S. HILL AVE./ECO MODERN FLATS, 522) Page 5 Forwarded RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444) Page 6 Forwarded RZN 11-3883: Rezone (636 S. FOSTER LN./FOSTER, 513) Page 7 Forwarded MEMBERS PRESENT MEMBERS ABSENT Craig Honchell Sarah Bunch William Chesser Hugh Earnest Tracy Hoskins Chris Griffin Porter Winston Matthew Cabe Kyle Cook August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 1 of 10 STAFF PRESENT Andrew Garner Jesse Fulcher Dara Sanders CITY ATTORNEY Kit Williams, City Attorney 5:30 PM - Planning Commission Chair Matthew Cabe called the meeting to order. Commissioner Cabe requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present with the exception of Commissioner Winston. August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 2 of 10 Consent: Approval of the minutes from the June 27, 2011 meeting. Motion: Commissioner Honchell made a motion to approve the Consent Agenda. Commissioner Chesser seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 3 of 10 Old Business: CUP 11-3841: Conditional Use Permit (1 W. CENTER ST./DICKEY, 523): Submitted by ALEXANDER DICKEY for property located at 1 WEST CENTER STREET. The property is zoned P-1, Institutional and is on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on the sidewalk on the north side of the Fayetteville Square. Motion: Commissioner Chesser made a motion to table CUP 11-3841 until the August 8, 2011 meeting. Commissioner Honchell seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 4 of 10 CUP 11-3867: Conditional Use Permit (112 E. CENTER ST./CLUB LUSH, 484): Submitted by MICHAEL ANDREWS for property located at 112 W. CENTER, SUITE 100, EJ BALL BUILDING. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.19 acres. The request is for Use Unit 29 (Dance Hall). Dara Sanders, Current Planner, gave the staff report. Michael Andrews, applicant, requested to change the hours of operation for the dance hall portion of the business to 9:00 P.M. to 1:00 A.M./2:00 A.M. No public comment was received. Commissioner Chesser discussed with staff the possibility of removing the conditional use permit requirement for dance halls. Motion: Commissioner Chesser made a motion to approve CUP 11-33867 as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 5 of 10 RZN 11-3866: Rezone (2013 E. MISSION BLVD./RUSKIN HEIGHTS, 370/371): Submitted by JORGENSEN & ASSOCIATES for property located at 2013 EAST MISSION BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 28.93 acres. The request is to rezone the property to CS, COMMUNITY SERVICES; NC, NEIGHBORHOOD CONSERVATION; AND RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS/ACRE. Motion: Commissioner Chesser made a motion to forward RZN 11-3877 with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-1-0 (Commissioner Griffin voted "no"). August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 6 of 10 New Business: RZN 11-3877: Rezone (130 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by SETH MIMS for property located at 130 SOUTH HILL AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI- FAMILY, 40 UNITS/ACRE and contains approximately 2.92 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Jesse Fulcher, Current Planner, gave the staff report. Seth Mims, applicant, stated that they wanted to add 29 additional units in a new building, and obtain LEED certification as with the existing buildings. Mikel Lolley, neighbor, stated that he supported the rezoning request and the streetscape allowed by the Downtown General zoning district. Brian Teague, citizen, stated that he supported the rezoning proposal and that it was in line with City Plan 2025/2030. Commissioner Chesser asked if they would be required to make street improvements. Andrew Garner, Senior Planner, stated that any improvements would be based on the development size and impact. Motion: Commissioner Chesser made a motion to forward RZN 11-3877 with a recommendation for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 8-0-0. August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 7 of 10 RZN 11-3880: Rezone (736 N. GARLAND AVE./STEPHENSON, 444): Submitted by BRITTANY STEPHENSON for property located at 736 NORTH GARLAND AVENUE. The property is zoned RMF -40, RESIDENTIAL MULTI -FAMILY, 40 UNITS/ACRE and contains approximately 0.10 acres. The request is to rezone the subject property to CS, COMMUNITY SERVICES. Dara Sanders, Current Planner, presented the staff report and recommendation. John Krew, representative, discussed the size of the property and the interest of future redevelopment for small townhouses with parking underneath the dwellings. No public comment was presented. Motion: Commissioner Chesser made a motion to forward RZN 11-3880 to City Council with a recommendation for approval. Commissioner Bunch seconded the motion. Upon roll call the motion passed with a vote of 8-0-0 August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 8 of 10 Planning Commission July 25, 2011 Page 9 of 9 RZN 11-3883: Rezone (636 S. FOSTER LN./FOSTER, 513): Submitted by GLENN FOSTER for property located at 636 SOUTH FOSTER LANE. The property is zoned RSF-1, RESIDENTIAL SINGLE-FAMILY, 1 UNIT/ACRE and contains approximately 1.29 acres. The request is to rezone the subject property to R -A, RESIDENTIAL AGRICULTURAL. Dara Sanders, Current Planner, presented the staff report and recommendation. Glenn Foster, property owner, explained that he and his wife mistakenly thought that the property was located within the Farmington city limits, due to the Farmington city limits sign located on Double Springs Road just north of his property. He later learned that he would not be permitted to keep his horse on the subject property due to the regulations of the underlying RSF-1 (Residential Single-family, 1 dwelling per acre) zoning district. He discussed the surrounding properties, which include farmland, pasture, cattle, and horses. Public Comment: Mat Caldwell, neighbor, lives to the south within the Farmington city limits and expressed concerns with waste. Jan McChristian, neighbor, lives in the Fayetteville city limits and accesses her property from Foster Lane, which is located within an access easement along the southern portion of the applicant's property. She feels that the size of the property is not sufficient for a horse to exercise and is concerned with the potential for odor. She also discussed not being notified of the applicant's request. Ms. Ingram, neighbor, rents the property to the east. She stated that the applicant wants too small of an area for a horse and discussed not being notified of the applicant's request. Commissioners Hoskins and Griffin asked Ms. McChristian and Ms. Ingram to clarify the location of their homes. Planning staff discussed the separation requirements for commercial farms adjacent to residential districts and explained that the size and shape of the property would preclude the applicant from operating a farm on the subject property. Staff also discussed the City's notification requirements, which include written notification and posting a public notice sign on the property, and information verifying that the applicant met these requirements. Motion: Commissioner Hoskins made a motion to forward RZN 11-3883 to the City Council with a recommendation for approval. Commissioner Griffin seconded the motion. Upon roll call the motion passed with a vote of 8- 1-0 (Commissioner Bunch voting `no'). There being no further business, the meeting was adjourned at 6:17 PM. August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 9 of 10 August 8, 2011 Planning Commission 07-25-2011 PC Minutes Agenda Item 1 Page 10 of 10 ayeARKA.... evNSiAS`le PC Meeting of August 8, 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: August 2, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 11-3887: Vacation (2388 N. COLLEGE AVE./KUM & GO, 405): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at 2388 NORTH COLLEGE AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.40 acres. The request is to vacate a portion of a utility easement. Planner: Dara Sanders Findings: Property Description and Background: The subject property is located at the southeast corner of the intersection of Township Street and College Avenue at 2388 College Avenue. On November 8, 2010, the Planning Commission approved a Large Scale Development application (LSD 09-3495) for a 10 -pump gas station with a 4,958 sq. ft. convenience store and associated parking. Prior to the issuance of a building permit, the Fayetteville Utilities Department required dedication of a 15 -foot sewer easement along the southern property line for an existing sewer line. The applicant proposed and dedicated a 20 -foot general utility easement by plat. All building permits were issued for the project and the site is still under construction. Shortly after the site construction began, City inspectors identified a conflict in the location of the underground gas storage tanks and the dedicated 20 -foot general utility easement, as the southern portion of the tanks encroach into the northern portion of the utility easement. Request: The applicant's request is to vacate five feet of the general utility easement, which would result in the original easement request of 15 feet, as indicated on the attached survey. 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 Southwestern Electric Power Company No Objections G:\ETC\Development Services Review\2011\Development Review\11-3793 VAC N. side of Douglas St (U of A Easement)\03 Planning Commission\03-28-2011\Comments and Redlines August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 1 of 16 Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 11-3887 to the City Council with a recommendation for approval subject to the following conditions: 1. Any damage or relocation of utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: August 8, 2011 Motion: Second: Vote: Note: August 8, 2011 G:\ETC\Development Services Review \2011\Development Review\11-3793 VAC N. side of Douglas St (U of A Planning Commission Easement)\03 Planning Commission\03-28-2011\Comments and Redlines VAC 11-3887 Kum & Go Agenda Item 2 Page 2 of 16 ., h U II R 0 \� 0 -4 4 �� W o• h — a33o .c o ° 3 Din LI .I 3�. l- NH 0 "3/4d 1'a1 rc U `oma �� UHQ v m N NN Eco 0 c=i \ �VI l', -•:f° 0 J O .CI % VI O a`, y NR i 1 co to :n co Z 0 LLIJ 5' General Utility Easement Vacate 0 PORT/ON TO BE VACATED 0 0 c ydU ° °NI -C y m o .0 33Ipa c�9o1� y`:.•a,p yD° '$,p y c p, o .yp o ° h OI.cC 0vou lu QO u 1..00 w ov °,. y G O coocob l y 0 0 ..toj ki O� y 0� 0° m ce)(cs OotD4yi it I y y m{ y <° j p ° U -‘,1o`m S. °Sa°pi'"l • E 691') ON.CU0 c�'a o5y Ut:?, a, Cm_ wih lu..•4t.y:°o LT' pOh ,"N1 EO�'a0� -NA y o •nfjlu¢.ty, (..> so ti p?'° tnSy O�,ipti41 G y� �Q� �Oj�. �w (5w0 O �+,` y3°tut: C' OG ; 3 o y \ h .. (Ni °Q t�I tu mo ° °n%Q �� 3 oM Aa�rnao �U .iso •oGaa yBo�G it.,:`' O.+Ch °.`.ip Ft 3 o.G°., °oS m3. h° 4.?c ,r,„„, ° ° o °,-w ° ° °N° p G .G 2 .G .p .. 2;s.,--, o cb o 0— 3 �° O, a O .4.10'6 0 ° .04) ..22 <.-(Zi 3 oy° w m `o° Ea°io 00' Ou uty,`F as 4ct.,p v.i C•o 0ONO� s SHEET NO. n CC It I] y U 3 0- a LJ \FLO N (00 O 0 August 8 Planning ZHrni A8 03A VS _IS V7 DMp'aiDaw, 1dinak.3.I ASi 9e %�• f Agenda Item 2 Page 3 of 16 ENGINEERS • SURVEYORS • PLANNERS LANDSCAPE ARCHITECTS • ENVIRONMENTAL SCIENTISTS 3108 S.W. Regency Parkway, Suite 2 Bentonville, AR 72712 479.273.9472 Fax 479.273.0844 DISTRIBUTION: RER/File May 31, 2011 City of Fayetteville Planning Commission and City Council 113 W. Mountain Street Fayetteville, AR 72701 Attn: Chair of the Board Re: Kum & Go #409 — General Utility Easement Vacation Request 2388 N. College Ave Fayetteville, Arkansas CEI Project No. 26510.0 To the Fayetteville City Planning Commission and City Council: This is a formal request for a vacation of a portion of the general utility easement along south line of Kum & Go property which will be used for the proposed use of a convenience store and permanent fueling station. The area of the easement to be vacated contains no utilities that impact any of the surrounding parcels, the easement was inadvertently dedicated as a 20' easement in plat #2011-0008508 and should have been a 15' wide easement to avoid conflicts with fuel storage tanks. Large Scale Development plans were approved by the City Planning Department (LSD -00- 3495) on November 8, 2010 and shall be considered inclusive of this request. We appreciate your consideration in this matter, and if you have questions or concerns, please do not hesitate to call. Respectfully submitted, R. Erin Rushing, RLA Department Leader CEI Engineering Associates, Inc. August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 4 of 16 Petition To Vacate Onsite General Utility Easement PETITION TO VACATE A General Utility Easement LOCATED ON Plat File #2011-0008508, 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, on Plat File #2011-0008508, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of a general utility easement which is described as follows: 5' General Utility Easement Vacate The North 5' of the particular 20' General Utility Easement parallel with the South line of Lot 1 of Kum & Go Addition to the City of Fayetteville per File #2011-0008508, in the public records of Washington County, Arkansas, being described by metes and bounds as follows: Commencing at a Mag Nail with washer (LS 1534) at the Southwest corner of said Lot 1; Thence along the East right-of-way of Arkansas State Highway 71B, also being the West line of said Lot 1, North 13°34'32" East, a distance of 15.25 feet to the Point of Beginning; Thence continuing along said West line, North 13°34'32" East, a distance of 5.08 feet; Thence along the North line of said 20' General Utility Easement, South 86°52'59" East, a distance of 229.49 feet to the West right-of-way of Jane Avenue per said Kum & Go Addition; Thence along said right-of-way and along a curve to the left, having a radius of 40.00 feet, and a chord which bears South 30° 15'54" East and a chord distance of 5.99 feet; Thence along a line parallel with aforementioned North line, North 86°52'59" West, a distance of 233.71 feet to the Point of Beginning, containing 1,158 Square Feet or 0.03 Acres, more or less. That the abutting real estate affected by said abandonment of the general utility easement on Plat File #2011-0008508, City of Fayetteville used by the public, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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. Dated this day of June, 2011. Printed Name Signature August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 5 of 16 DATE: UTILITY COMPANY: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS CITY OF FAY6ITEVIc-t.e X2-5 APPLICANT NAME: PQM * COtLt h &el REQUESTED VACATION (applicant must check 11 that apply): APPLICANT PHONE: 41i. 2'73. q1 #72_ - 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 1 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"•) ** 23 SS ,J, cet,e,eae A-ve (ATTACH legal description and graphic representation of what is being vacated-SURVEI7 UTILITY COMPANY COMMENTS: o 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: tis•r' Signature of Utility Company Repr rotative �71�hP.S L^'r seer Title .Mv 2009 Augoekg52011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 6 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Co ' I ' l ( UTILITY COMPANY: APPLICANT NAME: GR(rl Rl.)014I1•14. - CEI REQUESTED VACATION (applicant must check a j that apply): - X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. APPLICANT PHONE: 27 3 ' 9171 - 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") "" 2388 P4. oot,t.EGe AVE. gAYOTEVlai.e Aiz (ATTACH legal descripdon and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: C% •• 'J o 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: Title July 2009 Page 5 August 8, 2011 li Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 7 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6-i• It UTILITYCOMPANY: / lEi - tof9C0 APPLICANT NAME: ggfN Rt14N(Id(.r - CEI 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 trust be completed••) ** 2;88 nl. cou.EGe AVE. FAYC1TeVI6Le RR (ATTACH legal description yid graphic representation of what is being vacated-SURVBI9 APPLICANT PHONE: 273.9tfn 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 purposebelow.) • No objections provided the following conditions are met: Signe of Utility Company Repres4dtative Title 6:1 r✓tee✓' July 2009 Page 5 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 8 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE 6 - I - i ( UTILITY COMPANY: APPLICANT NAME: g 1,4 gt'w- 'Ca -CEI APPLICANT PHONE: DI '(72. REQUESTED VACATI N (applicant ntust check all that apply): X Utility Easemen -- Right-of-way to alley or streets and all utility casements Rented within the vacated right- of- way. Alley Street right-of-\pv I have been notified of [hi petition to vacate the following (alley, easement. right -of way), described as follows: General location / Address (referring to attached document- must be cornpleted**1 _* 2%98 rl. pct -1.4e Avt, FAYE%TeVII2.6 Ale (ATT -40/1+1 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 Iracation(s) described above, provided following described easements are retained. (£'tate the location, dimensions, and purpose below.) • No objections provided the following conditions are met: tAnn ACE -in ORNCCb Ff_ . +_,.Etm,c±LI�) OF EXISTIN(s t=ACILtYtES WILL 13E (L THE o(Jjt tz A:)64EL0PErz'S EK PENS C fL� Signature of Utility Comp:ny Representative OSIS bESIGX) E.K\GilJEr-vL. Tido d LLEZSZb98b10N/15'9 '.LS/175'8 t1 2 '9 (OH.L) My 9009 Fuge 5 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 woaa Page 9 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: W+ f ( UTILITY COMPANY: APPLICANT NAME: SKIN g0011IrJ4 CEI • REQUESTED VACATION (applicant must check gff that apply): -x APPLICANT PHONE: 273. 1172- Utility 172 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") •• 208 14. cou.Eat Ave. FRYeTTEVilLE AP (ATTACH legal description nn 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 II Title July 2009 Page 5 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 10 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6•I• II UD1ITY COMPANY: APPLICANT NAME: OEN (Zt)SHl►J4 - CCI APPLICANT PHONE: 'L7 3 • 14172 - REQUESTED f7LREQUESTED 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") *► 2$SS 14. ceou-sae Avg. FAye1TEVIu 4 AP (ATTACAlegal description and grapple representation of what it being vacated -SURVEY) UTILITY COMPANY COMMENTS: •No objections to the vacation(s) described above) • No objections to the vacatiou(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met I 0_ ,64.2 Sigeemre of Utility Company Representative Scon SOIL O.A1akS L/ecin Title July 4009 Page 5 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 11 of 16 JUN/21/2011/TUE 02:43 PM DATE: $ ' f ' 11 FAX No. P. 003 UTILITY APPROVAL FORM FOR RIGHT- OE- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: t �N Wits, CM APPLICANT NAME: eRfN (�Hrli~ - CC;I APPLICANT PHONE: 21$'itY REQUESTED VACATION (applicant must check All that apply): X .Utility Eaemnent • Right -of --Way for alley Or sueeta 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 es follows: General location / Address (referring to attached document- must be completed••) " 2$88 N• Cou-64e AVE. FAYETTEVttt-E Ag (Arf'ACNlegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(e) described above. • No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, end purpose below.) • No objections provided the following conditions are met: Signature of Utility Representative �trCRhO✓ 5t0 Stitymif r AriOtoS11s Title t 9 lair;009 Page 5 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 12 of 16 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: (D ' 1 ' 11 UTILITY COMPANY: Co x APPLICANT NAME: eggthl !ZUGH(P14 ' cel APPLICANT PHONE: 2.7 3. 1517 2. REQUESTED VACATION (applicant must check raAthat apply): X .Utility Easement • Right-of-way for alley or streets and all utility easements located within the vacated right- o€ way. • Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** g 39 N. coLLeae ANE. FAYEITEVI1,-9 frig (ATTACH legal description mrd graphic representation of what is being vacated-SURVEI9 UTILPTY COMPANY COMMENTS; • No objections to the vacation(s) described above. • No objections to the vacation(s) described above, provided fallowing described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: ANY DAMAGE OR RELOCATION OF EXISTING FACILITIES WILL BE AT DEVELOPER'S EXPENSE nature of Utility Company Representative FIELD ENGINEER Title July 209 Page 5 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 13 of 16 VAC 11-3887 Close Up View KUM & GO Legend ••••••••••••• Mulir-tJse Trai$ (Existin Future Trails ® VAC11-3887 „Footprints 2010 Hillside -Hilltop Ov Eli Design Overlay Di Design Overlay Di Planning Area Fayetteville rlay District strict strict 0 75 150 300 450 600 Feel August 8, 2011 anning ommission VAC 11-3887 Kum & Go Agenda Item 2 Page 14 of 16 Overview Legend Subject Property ® VAC11 3887 Boundary 0.25 0.5 VAC11-3887 1—.11 Desijn Overlay District g Planting Area Fayetteville 1 Miles Auggs $ 7011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 15 of 16 August 8, 2011 Planning Commission VAC 11-3887 Kum & Go Agenda Item 2 Page 16 of 16 tyeeville ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of August 8, 2011 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: August 3, 2011 CUP 11-3841: Conditional Use Permit (15 W. MOUNTAIN ST. & 1 W. CENTER STJDICKEY, 523): Submitted by ALEXANDER DICKEY for properties located at 15 WEST MOUNTAIN STREET and 1 WEST CENTER STREET. The properties are zoned MSC, MAIN STREET CENTER and P-1, INSTITUTIONAL and are on the public sidewalk. The request is for approval of a conditional use permit to allow an 8 foot by 5 foot sidewalk vendor cart to be on north of the Fayetteville Square. Planner: Dara Sanders Property Description and Background: The proposed site is located at the northwest corner of the Downtown Square adjacent to the water feature on a section of sidewalk that is approximately 12 feet wide. The cart would be set adjacent to the retaining wall, leaving an approximately seven -foot wide sidewalk area exclusive of the sidewalk vendor for pedestrians. The applicant has requested that this item be tabled date specific on two separate occasions (to the July 25th and August 8th Planning Commission meetings) due to unexpected issues that prevented his attendance at the scheduled Planning Commission meetings. During this time, staff has attempted to contact the applicant several times by phone and email to schedule a meeting to discuss some concerns with the application as it is proposed but has not received a response. Specifically, several Planning Commissioners expressed concern with the proposed location of the sidewalk vendor cart due to potential access and visibility conflict with the Square Gardens water feature, a well-known and frequently visited tourist feature of the Downtown Square. RECOMMENDED MOTION: Staff recommends tabling this request indefinitely in order to allow staff and the applicant to discuss and potentially modify this application in a manner that will not conflict with public access to the many features and design of the Downtown Square. August 8, 2011 Planning Commission CUP 11-3841 Dickey Agenda Item 3 Page 1 of 2 August 8, 2011 Planning Commission CUP 11-3841 Dickey Agenda Item 3 Page 2 of 2