HomeMy WebLinkAboutOrdinance 6396 yoF FA lf�, 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111 IIll1111IIIIIIIII II
`� Doc ID: 019643420004 Type: REL
Kind: ORDINANCE
Recorded: 01/07/2021 at 09:48:00 AM
Fee Amt: $30.00 Page 1 of d
Washington County, AR
\9yrcar+s?S/ Kyle Sylvester Circuit Clerk
113 West Mountain Street File202 1-00000596
Fayetteville,AR 72701
(479)575-8323
Ordinance: 6396
File Number: 2020-1056
VAC 2020-006(W.JUDGE CUMMINGS RD./KESSLER PARK R-O-W):
AN ORDINANCE TO APPROVE VAC 20-006 FOR KESSLER MOUNTAIN REGIONAL
PARK AT WEST JUDGE CUMMINGS ROAD TO VACATE A PORTION OF A STREET
RIGHT-OF-WAY
WHEREAS,the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds
or portions thereof which are not required for corporate purposes;and
WHEREAS,the City Council has determined that the following described portion of a street
right-of-way is not required for corporate purposes.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Council of the City of Fayetteville,Arkansas hereby vacates a portion of street
right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2:A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3:This vacation approval is subject to the condition that any relocation of or damage to
existing utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED on 12/15/2020
Page 1 Printed on 12/17/20
Ordinance: 6396
File Number: 2020-1056
Approve Attest:
•
" ,k.N‘JGOERK. .
••' GITy� .1,4 .
a/4/7_- 0••
•
Lioneld Jordan. ayor Kara Paxton, City Clerk Treasurer FAYEr.,E�/L�E
•
;9s .;QkgNSAS •
'i d-ONi i�►,00
Page 2 Printed on 12/17/20
VAC-2020-000006 Right of Way for Judge VAC-2020-000006
Close Up View Cummings Rd EXHIBIT 'A•
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Legend NI
RSF-.5
Hillside-Hilltop Overlay District Urban Thoroughfare
Planning Area
Feet ®Community Services
_ _ Neighborhood Conservation
L _ I Fayetteville City Limits P i
0 180 360 720 1,080 1,440
Trail(Proposed) 1 inch = 500 feet
Building Footprint
VAC-2020-000006
EXHIBIT 'B'
Judge Cummings (Washington County# 200) Description
Per Instrument Number 2012-13553
THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD)
AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED
WITH THE CITY CLERK HAVING A FIFTY(50) FOOT RIGHT-OF-WAY EXTENDING TWENTY-FIVE
(25) FEET EACH SIDE OF A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE
NORTHWEST QUARTER (NW%) OF THE NORTHEAST QUARTER (NE %)AND PART OF THE
NORTHEAST QUARTER (NE %) OF THE NORTHWEST QUARTER (NW%) OF SECTION THIRTY-
ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S '/2) OF THE SOUTH HALF (S 'h) OF
SECTION THIRTY(30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY(30)WEST,
WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE %), SAID
SECTION THIRTY(30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87°14'32"
WEST 8.86 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 265 SOUTH
(CATO SPRINGS ROAD)AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37°59'03"WEST 9.81 FEET TO ITS
INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON
COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF
BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88°17'56"
WEST 957.47 FEET; NORTH 87°05'11"WEST 323.63 FEET; SOUTH 82°07'28"WEST 44.99 FEET;
NORTH 52°16'47"WEST 44.69 FEET; NORTH 85°51'11"WEST 262.89 FEET; NORTH 86°24'16"WEST
1240.07 FEET; SOUTH 84°41'18"WEST 125.64 FEET; NORTH 83°12'13"WEST 228.12 FEET; NORTH
86°28'14"WEST 616.08 FEET; NORTH 82°23'29"WEST 108.38 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67°34'09"AND A RADIUS OF 208.61 FEET;
THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND
DISTANCE OF NORTH 48°36'25"WEST 232.00 FEET; THENCE NORTH 17°05'30"WEST 66.98 FEET
TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°52'22"AND A
RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 37°31'41"WEST 148.88 FEET TO THE EASTERLY
BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED
WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE
TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR
LENGTHENED AT SAID TERMINUS BOUNDARY.
Vacation of a Portion Judge Cummings Road Description
All those portions located in the Southwest Quarter of the Southeast Quarter(SW%SE %), Southeast
Quarter of the Southwest Quarter(SE '/4 SW%<), and the Fractional Southwest Quarter of the Southwest
Quarter(SW'/4 SW%)of Section Thirty(30), Township Sixteen (16) North, Range Thirty(30)West, also
the Northwest Quarter of the Northeast Quarter(NW% NE %) of Section Thirty-One(31), Township
Sixteen (16) North, Range Thirty(30)West, Fifth Principle Meridian, Washington County, Arkansas.
Less and except those portions that are not in the described in instrument 2012-13553 filed with the
Washington County, Arkansas Circuit Clerk.
Washington County, AR
I certify this instrument was filed on
01/07/2021 09:48:00 AM
and recorded in Real Estate
File Number 2021-00000596
Kyle Sylvester- Circuit Clerk
by
OFF E fl, City of Fayetteville, Arkansas 113 West Mountain Street
'�� Fayetteville,AR 72701
4fir„ ° \1
w— (479)575-8323
Text File
File Number: 2020-1056
Agenda Date: 12/15/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.4
VAC 2020-006(W.JUDGE CUMMINGS RD./KESSLER PARK R-O-W):
AN ORDINANCE TO APPROVE VAC 20-006 FOR KESSLER MOUNTAIN REGIONAL PARK AT
WEST JUDGE CUMMINGS ROAD TO VACATE A PORTION OF A STREET RIGHT-OF-WAY
WHEREAS,the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes;and
WHEREAS,the City Council has determined that the following described portion of a street right-of-way is
not required for corporate purposes.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Council of the City of Fayetteville,Arkansas hereby vacates a portion of street
right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A
to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3:This vacation approval is subject to the condition that any relocation of or damage to existing utilities
or existing facilities shall be at the owner/developer's expense.
City of Fayetteville,Arkansas Page 1 Printed on 12/16/2020
City of Fayetteville Staff Review Form
2020-1056
Legistar File ID
12/15/2020
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Garner Stoll 11/25/2020 CITY PLANNING (630)
Submitted By Submitted Date Division/ Department
Action Recommendation:
VAC 2020-000006: Vacation (W.JUDGE CUMMINGS RD./KESSLER PARK R-O-W, 714): Submitted by CITY STAFF for
property located at W.JUDGE CUMMINGS RD.The property is zoned P-1, INSTITUTIONAL and contains approximately
3.22 acres. The request is to vacate a portion of a street right-of-way.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance S -
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
441 CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF DECEMBER 15, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: November 25, 2020
SUBJECT: VAC 2020-000006: Vacation (W. JUDGE CUMMINGS RD./KESSLER PARK R-
OW, 714): Submitted by CITY STAFF for property located at W. JUDGE
CUMMINGS RD. The property is zoned P-1, INSTITUTIONAL and contains
approximately 3.22 acres. The request is to vacate a portion of a street right-of-
way.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 2020-006 as shown in the
attached Exhibits 'A' and 'B' and with the following condition of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property includes almost 3,000 linear feet of unbuilt right-of-way bisecting a portion
of Kessler Regional Park in southwest Fayetteville. Prior to the City's annexation of the area in
2005 and development of the park in 2015, Judge Cummings Road ran in this right-of-way. With
the park's development, the road was realigned to its current location with right-of-way
dedicated along its length. In February of 2020, a large scale development was approved for
expansion of the park's baseball fields, service facilities, and parking. A condition of that
project's approval was the vacation of the subject right-of-way. The parks improvements are
associated with phase one of the 2019 sales tax bond program.
Request: The City of Fayetteville proposes to vacate approximately 3,000 linear feet of public
right-of-way, totaling approximately 3.22 acres along Judge Cummings Road's former alignment
and as indicated in the attached exhibits.
Staff supports the request given that the previous alignment of Judge Cummings Road is no
longer needed or functional, and has been redeveloped for public, recreational use. With
construction of the new alignment, the property proposed for vacation saw all surfacing removed.
Any previous connection offered by the right-of-way has since been rendered obsolete and
redundant by the new Judge Cummings Road.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
At the November 23, 2020 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval and the conditions as
recommended by staff. No public comment was received at or in advance of the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
2
VAC-2020-000006 Right of Way for Judge VAC-2020-000006
Close Up View Cummings Rd EXHIBIT 'A'
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Subject Property
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Legend RSF .5
Hillside-Hilltop Overlay District Urban Thoroughfare
Ell
_-�Planning Area Feet Community Services
_ _ Neighborhood Conservation
L _ Fayetteville City Limits 0 180 360 720 1,080 1,440 P-1
Trail(Proposed) 1 inch = 500 feet
Building Footprint
VAC-2020-000006
EXHIBIT 'B'
Judge Cummings (Washington County # 200) Description
Per Instrument Number 2012-13553
THOSE PORTIONS OF WASHINGTON COUNTY ROAD NO. 200 (JUDGE CUMMINGS ROAD)
AFFECTED BY A CITY OF FAYETTEVILLE ANNEXATION PER ORDINANCE NO. 5190 RECORDED
WITH THE CITY CLERK HAVING A FIFTY (50) FOOT RIGHT-OF-WAY EXTENDING TWENTY-FIVE
(25) FEET EACH SIDE OF A CENTERLINE, SAID ROAD PORTION BEING IN PART OF THE
NORTHWEST QUARTER (NW %) OF THE NORTHEAST QUARTER (NE %) AND PART OF THE
NORTHEAST QUARTER (NE ' ) OF THE NORTHWEST QUARTER (NW %) OF SECTION THIRTY-
ONE (31), AND PART OF THE FRACTIONAL SOUTH HALF (S %) OF THE SOUTH HALF (S %) OF
SECTION THIRTY (30), ALL IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30)WEST,
WASHINGTON COUNTY, ARKANSAS, SAID CENTERLINE OF SAID ROAD BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE %), SAID
SECTION THIRTY(30); THENCE ALONG THE SOUTH LINE OF SAID SECTION NORTH 87°14'32"
WEST 8.86 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 265 SOUTH
(CATO SPRINGS ROAD) AS PER ARKANSAS STATE HIGHWAY COMMISSION JOB NO. 9497;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 37°59'03"WEST 9.81 FEET TO ITS
INTERSECTION WITH THE CENTERLINE OF A GRAVEL ROAD KNOWN AS SAID WASHINGTON
COUNTY 200 (JUDGE CUMMINGS ROAD), SAID INTERSECTION BEING THE POINT OF
BEGINNING; THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES: NORTH 88°17'56"
WEST 957.47 FEET; NORTH 87°05'11"WEST 323.63 FEET; SOUTH 82°07'28"WEST 44.99 FEET;
NORTH 52°16'47"WEST 44.69 FEET; NORTH 85°51'11"WEST 262.89 FEET; NORTH 86°24'16"WEST
1240.07 FEET; SOUTH 84°41'18"WEST 125.64 FEET; NORTH 83°12'13"WEST 228.12 FEET; NORTH
86°28'14" WEST 616.08 FEET; NORTH 82°23'29"WEST 108.38 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67°34'09"AND A RADIUS OF 208.61 FEET;
THENCE ALONG SAID CURVE AN ARC LENGTH OF 246.01 FEET AND A CHORD BEARING AND
DISTANCE OF NORTH 48°36'25"WEST 232.00 FEET; THENCE NORTH 17°05'30"WEST 66.98 FEET
TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 40°52'22"AND A
RADIUS OF 213.20 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 152.09 FEET AND A
CHORD BEARING AND DISTANCE OF NORTH 37°31'41"WEST 148.88 FEET TO THE EASTERLY
BOUNDARY OF A PROPERTY DESCRIBED IN INSTRUMENT NUMBER 2005-48123 RECORDED
WITH THE CIRCUIT CLERK OF SAID COUNTY, SAID EASTERLY BOUNDARY ALSO BEING THE
TERMINUS OF SAID CENTERLINE; THE SIDE LINES OF SAID ROAD TO BE SHORTENED OR
LENGTHENED AT SAID TERMINUS BOUNDARY.
Vacation of a Portion Judge Cummings Road Description
All those portions located in the Southwest Quarter of the Southeast Quarter(SW'/<SE %), Southeast
Quarter of the Southwest Quarter(SE ' SW%), and the Fractional Southwest Quarter of the Southwest
Quarter(SW % SW %)of Section Thirty (30), Township Sixteen (16) North, Range Thirty (30)West, also
the Northwest Quarter of the Northeast Quarter(NW % NE %) of Section Thirty-One (31), Township
Sixteen (16) North, Range Thirty (30)West, Fifth Principle Meridian, Washington County, Arkansas.
Less and except those portions that are not in the described in instrument 2012-13553 filed with the
Washington County, Arkansas Circuit Clerk.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
%11, ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: November 23, 2020 (Updated with Planning Commission Results)
SUBJECT: VAC 2020-000006: Vacation (W. JUDGE CUMMINGS RD./KESSLER
PARK R-O-W, 714): Submitted by CITY STAFF for property located at W.
JUDGE CUMMINGS RD. The property is zoned P-1, INSTITUTIONAL and
contains approximately 3.22 acres. The request is to vacate a portion of a
street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2020-000006 to City Council recommending approval with a
condition.
RECOMMENDED MOTION:
"I move to forward VAC-2020-000006 to City Council recommending approval with one condition
as recommended by staff."
BACKGROUND:
The subject property includes almost 3,000 linear feet of unbuilt right-of-way bisecting a portion
of Kessler Regional Park in southwest Fayetteville. Prior to the City's annexation of the area in
2005 and development of the park in 2015, Judge Cummings Road ran in this right-of-way. With
the park's development, the road was realigned to its current location with right-of-way dedicated
along its length. In February of 2020, a large scale development was approved for expansion of
the park's baseball fields, service facilities, and parking. A condition of that project's approval was
the vacation of this right-of-way. Surrounding land use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction Land Use Zoning
North
South Kessler Regional Park P-1, Institutional
West
East
Proposal: The City of Fayetteville proposes to vacate approximately 3,000 linear feet of public
right-of-way, totaling 3.22 acres along Judge Cummings Road's former alignment and as
indicated in the attached exhibit and maps.
DISCUSSION:
Staff supports the request given that the previous alignment of Judge Cummings Road is no
longer needed or functional, and has been redeveloped for recreational use. With construction of
the new alignment, the property proposed for vacation saw all surfacing removed. Any previous
Planning Commissic
November 23,20:
Agenda Item •
VAC 20-000006(Kessler Park RCA
connection offered by Judge Cummings Road has since been rendered obsolete and redundant
by development of the area along the right-of-way as public park.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses. The right-of-way is
entirely within Kessler Park with no adjacent property owners affected:
Utility Response
Cox Communications No objections and no comment.
AEP/SWEPCO No objections and no comment.
BlackHills Energy AR No objections and no comment.
AT&T No objections and no comment.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections and no comment.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC-2020-000006 to City Council
recommending approval with the following conditions.
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
PLANNING COMMISSION ACTION: Required YES
Date: November 23, 2020 O Tabled ® Forwarded O Denied
Motion:Winston, on the consent agenda
Second: Belden
Vote: 9-0-0
Planning Commissic
November 23,20:
Agenda Item •
VAC 20-000006(Kessler Park ROB
BUDGET/STAFF IMPACT:
None
Attachments:
• Request Letter
• Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commissic
November 23. 20:
Agenda Item
VAC 20-000006(Kessler Park RCA
VAC-2020-000006
October 6, 2020 Request
Planning Commission and City Council Letter
113 W Mountain
Fayetteville, AR 72701
To the Fayetteville Planning Commission and City Council:
The City of Fayetteville Parks and Recreation Department hereby submits an application that
includes a request to vacate abandoned and unneeded right-of-way that runs through a
developed portion of Kessler Mountain Regional Park. The right-of-way is a 50-foot-wide,
abandoned, remnant section of Washington County Road 200 (W Judge Cummings Road)that is
now occupied by soccer fields. The right-of-way to be abandoned is further described in the
legal description and site map included in this application.
The City of Fayetteville acquired the right-of-way when it purchased the land to develop Kessler
Mountain Regional Park. This has left portions of the abandoned right-of-way unnecessarily
encumbering the property. The city owns all land adjacent to the right-of-way to be abandoned.
The abandoned right-of-way does not serve any public purpose and other utility routes have
been made available. Previous and current Kessler Park improvements will still allow utility
access to all sides of the park, including for those needing to access the water tanks to the
northwest.
Please feel free to contact me with any questions.
Sincerely,
j.,•/t) 4
Ted Jack
Parks Planning Superintendent
City of Fayetteville Parks and Recreation Department
479-444-3469
tjack@fayetteville-ar.gov
Planning Commissic
November 23,20:
Agenda Item
VAC 20-000006(Kessler Park RCN
VAC-2020-000006
Exhibit
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FRAC_SW 1/4,SW 1/4 SE 1/4,SW 1/4 t7D`- -r p
30-16-30 30-18-30 SW 1/4,SE I/4 CIN 17.05'30"W 30-16-30
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Agenda Item •
VAC 20-000006(Kessler Park RO11
VAC-2020-000006 Right of Wayfor Judge
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Planning Area Feet
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- Fayetteville City Limits 0 180 360 720 1,080 1,440 P-1
Trail(Proposed) 1 inch = 500 feet
Building Footprint
Planning Cornmissic
PIce-e—bar:3,20:
Agenda Item •
VAC 20-000006(Kessler Park ROb
VAC-2020-000006 Right of Way for Judge
Current Land Use Cummings Rd NORTH
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0 145 290 580 870 1,160
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Planning Co miss
' - --•-- 3,20:
Agenda Item '
VAC 20-000006(Kessler Park RO11