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Home My WebLink About2005-11-14 - Agendas - Final113 W. Mountain Sl. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, November 14, 2005, 5:30 p.m. Room 219. City Administration Building The following items will be considered: Consent: 1. VAC 05-1784: Vacation (FOUR SEASONS SUNROOMS, 370): Submitted by FOUR SEASONS SUNROOMS for property located at 1586 E AMBER DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.09 acres. The request is to vacate a portion of a utility easement on the subject property. Property Owner: WAYNE & CARMEN LEE Planner: ANDREW GARNER Old Business: 2. LSD 05-1462: Large Scale Development (RIDGEHILL APARTMENTS, 405): Submitted by N. ARTHUR SCOTT for property located at NW OF GREGG AVENUE AT HOLLY STREET. The property is zoned RMF - 24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.68 acres. The request is to approve a residential apartment complex on the subject property with 38 units and 56 bedrooms proposed. Property Owner: BRANDON BARBER SCB INVESTMENTS, LLC Planner: SUZANNE MORGAN THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE NOVEMBER 28, 2005 PLANNING COMMISSION MEETING. 3. CUP 05-1752: Conditional Use Permit (GREEN DOOR, 407): Submitted by ROBERT HATFIELD & APRIL LIZANA HAT -CO, LTD for property located at 1404 N COLLEGE AVENUE, IN EVELYN HILLS SHOPPING CENTER. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 17.21 acres. The request is to approve a dance hall, use unit 29, in the C-2, Thoroughfare Commercial Zoning District. Planner: JESSE FULCHER 4. C-PZD 05-1610: Planned Zoning District (EAST SQUARE DEVELOPMENT, 523): Submitted by BOB KOHLER for property located at NW CORNER MOUNTAIN ST. AND COLLEGE AVE. The property is zoned C-4, DOWNTOWN COMMERCIAL and contains approximately 1.01 acres. The request is to approve a 16 story Commercial Planned Zoning District with a hotel, residential condominiums, meeting space, commercial space and a parking garage. Property Owners: ONE EAST CENTER LLC Planner: SUZANNE MORGAN New Business: 5. ADM 05-1820: Administrative Item (East Square Development - College Avenue): Submitted by ROBERT SHARP ARCHITECT, INC., the applicant requests a lesser dedication of right-of-way than that required by the Master Street Plan at College Avenue, between Center Street and Mountain Street, to accommodate a proposed development. The applicant requests that the required right-of-way for College Avenue be modified from 55' right-of-way from centerline to 30' right-of-way from centerline. Planner: SUZANNE MORGAN 6. C-PZD 05-1704: Master Development Plan for a Planned Zoning District (FIRST BAPTIST CHURCH, 484): Submitted by Cromwell Architects for property located at 20 E. Dickson Street. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND R -O, RESIDENTIAL OFFICE. The request is for 26,500 s.f. new construction and 8,340 s.f. renovation in three phases. Planner: SUZANNE MORGAN THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE NOVEMBER 28, 2005 PLANNING COMMISSION MEETING IN ORDER TO COMPLY WITH NOTIFICATION REQUIREMENTS. 7. LSP 05-1755: Lot Split (PARK WEST, 208): Submitted by MEL MILHOLLAND for property located at HWY 112 N OF I-540, E OF DEANE SOLOMON. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 19.86 acres. The request is to divide the subject property into two tracts of 13.716 and 6.144 acres. Property Owner: TRACY HOSKINS Planner: SUZANNE MORGAN 8. PPL 05-1774: Preliminary Plat (WALKER ESTATES S/D, 294): Submitted by ROGER TROTTER for property located at 2806 NORTH CROSSOVER RD. The property is zoned RESIDENTIAL SINGLE FAMILY - 4 UNITS/ACRE (RSF-4) and contains approximately 6.34 acres. The request is to approve a preliminary plat of a residential subdivision with 11 single family lots. Property Owner: JDM INVESTMENTS Planner: ANDREW GARNER 9. CUP 05-1804: Conditional Use Permit (JONES, 526): Submitted by DAVID MURPHREE for property located at 70 S ICESTRAL. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 2.00 acres. The request is to allow a tandem lot. Property Owner: RAMONA JONES Planner: JEREMY PATE 10. CUP 05-1785: Conditional Use Permit (SMITH TWO-WAY RADIO, 324): Submitted by MICHAEL SMITH/GARY COCHRAN SMITH 2 -WAY RADIO for property located at 2434 DEANE SOLOMON ROAD. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.13 acres. The request is to approve a cell tower on the subject property. Property Owner: PD PROPERTIES Planner: JESSE FULCHER All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chairman B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Response by Applicant/Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE If you wish to address the Planning Commission on an agenda item raise your hand when the Chairman asks for public comment. He will do this after he has given Planning Commission members the opportunity to speak and before a final vote is taken. Public comment will only be permitted during this part of the hearing for each item. Once the Chairman recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chairman, who is the presiding officer. He will direct them to the appropriate appointed official, staff member 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. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2005 Planning Commissioners Nancy Allen Jill Anthes Candy Clark James Graves Christine Myres Alan Ostner Audy Lack Sean Trumbo Christian Vaught evj ARKANSASIe PC Meeting of November 14, 2005 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Brent O'Neal, Staff Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November 7, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 05-1784: Vacation (FOUR SEASONS SUNROOMS, 370): Submitted by FOUR SEASONS SUNROOMS for property located at 1586 E AMBER DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.09 acres. The request is to vacate a portion of a utility easement on the subject property. Property Owner: WAYNE & CARMEN LEE Planner: ANDREW GARNER Findings: Staff finds that vacating the portions of easement would not adversely affect access to the utilities serving the property or any other adjacent property. Background: The subject property is located at 1586 East Amber Drive, Lot 25 of Charleston Place Subdivision Planned Unit Development. The lot was platted with a 10' utility easement along the western side of the lot. The overall 20' easement is for general utility use between lots 24 and 25. Utility representatives have no objections to the requested vacation. A survey of the property conducted prior to obtaining a building permit for an addition to the home revealed that a porch on the west side of the home protruded into the 10' utility easement. Photos and a survey of the site are attached to this report. The applicant desires to construct an enclosed sunroom over the porch, and a building permit may not be issued unless the utility easement is vacated. Request: The request is to vacate 90.4 square feet the existing easement under the existing porch. The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES RESPONSE Ozarks Electric No Objections. Cox Communications No Objections. K:\Reports\20051PC Reports \11-14-05\VAC 05-1784 (Four Seasons Sunrooms).DOC November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 1 of 24 AEP/SWEPCO No Objections. SBC Southwestern Bell No Objections. Arkansas Western Gas No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: The applicant has submitted the required notification forms to the adjacent property owners. Adjacent property owners had no objections to the proposed vacation. Recommendation: Staff recommends approval of the proposed utility easement vacation 05-1784 with the following condition: 1. Further development of this property shall not encroach within any existing easements or setbacks. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: November 14, 2005 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item. By Title Date CITY COUNCIL ACTION: yes Required Approved Denied Date: K:\Reports\2005\PC Reports\11-14-05\VAC 05-1784 (Four Seasons $llmOOms).DOC November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 2 of 24 FOUR SEASONS SNKOOMS� SUNROOMS • CONSERVATORIES PATIO ROOMS PATIO ANO DECK ENCLOSURES • SKYLIGHTSN Outdoor Living..Jndoors Sunrooms of the Ozarks, Incorporated 850 East Henri de Patti Boulevard Post Office Box 760 Tontitown, Arkansas 72770 (888) 467-9900 " (479) 306-9900 Fax (479) 361-9494 httea/www.ozarksunrooms.rom email into a@ozorksunrooms.com The Lee's at 1586 East Amber Drive have contracted with Sunrooms of the Ozarks to build a Four Seasons Sunroom on their existing porch. During the permit process it was discover that part of the porch was built in a utility easement. The Lee's are asking the City of Fayetteville to vacate the part of the easement, which encroaches on their porch. The Lee's have taken all the required steps to have this partial easement approved. They have notified all adjacent property owners and all the required utilities and city departments. There has been no objections to their request. November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 3 of 24 LINE BEARING L1 N5018.28'E 5,74' L2 N3610'43'W 26.10' L3 N5S49'16'E 2.66' L4 539'41'32t 26.15' L5 553'49'17Ni 4.2W 26.266 NW COR. LOT 23 N53'37'30 3.00' 12' ALLEY N17' 29159"E 53.57' 1' CONCRETE WALL F 3s LOT 25 0.091 ACRES 3,867.5± SQ. FT. CONCRETE 18.79' L=21.65' R=1 75.00' 546'53'29"W 19.05' w n n b 61STER t, KA SAS L=12.50' R=125,00" SURVEY DESCRIPTION LOT NUMBERED TWENTY-FIVE (25), CHARLESTON PLACE, A SUBDIVISION TO THE CITY OF FAYETTEVLLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FELE IN THE OFFICE OF THE CIRCUIT CLERK (MID EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. AREA OF EASEMENT TO BE VACATED A PART OF LOT NUMBERED TWENTY-FIVE (25), CHARLESTON PLACE, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAN SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING 9,0[ EOPARTICIILARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAN LOT TWENTY-FIVE (25), SAN PONT BEING AN EXISTING IRON REBAR; THENCE N39741'32"1V 24.76 FEET ALONG THE WEST LINE OF SAN LOT TWENTY-FIVE (25); THENCE LEAVING THE WEST LINE OF SAID LOT TWENTY-FIVE (25), N50716'26"E 5_74 FEET TO THE TRUE PONT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF AN EXISTING WOOD DECK; THENCE N36710'43"W 26.10 FEET TO THE NORTHWEST CORNER OF SAN DECK THENCE N53'49'16"E 266 FEET ALONG THE NORTH SIDE OF SAID DECK TO A POINT ON THE EAST LINE OF AN EXISTING TEN (10) FOOT WIDE UTILITY EASEMENT; THENCE S39'41'32"E 26.15 FEET ALONG THE EAST LINE OF SAN EASEMENT TO A POINT ON THE SOUTH SIDE OF SAID DECK; THENCE LEAVING THE EAST LNE OF SAID EASMENT, 553°49'17"W 4_26 FEET ALONG THE SOUTH SIDE OF SAID DECK TO THE PONT OF BEGINNING, CONTAINING 90.4 SQUARE FEET, MORE OR LESS. O 0 ® EXIST. NAIL IN HOLE O SET 1/2" IRON REBAR • EXISTING IRON PIN t COMPUTED CORNER —X— FENCE LINE 0' 20' 40' 60' Alan Reid & Associates 118 South College Avenue Fayetteville, Arkansas 72701 (479) 444-8784 DATE: 08/01/05 REVISED: SCALE: l"=20' DRAWN BY: JCC PROJECT NO. 05314 ovember 14, 20(25 nning Commission B"(74455-111417our easons Sunroorrs) A5 1 Page 4 of 24 S13°23'o1"W 44.62 feet. thence rE 771.02 feet. thence SOO°20135"88 $ aces more or less subJed of utility EEN N88°32'36w N0127'24°E 31.11'.... EAST 25.82` 586 5001 der - t ss. / VAC 0 SWA H November , 20 601 b 0 I ing o mission (Fou o unrooms) nda Item 1 a •.: se -. a' i Cl. } V N W a L E 1 V . 6__—'-"'i`-Ncwember,44 200 Planning Cominissio 1,,. VA, 05-1784 (Four Seasons Sunroom 0 - by Agende Item.. ---1 4, 'Page&af mber 14, 2005-. ng CommiSsioec ons Sunrooms}_ Agenda 410 Page,B bl PETITION TO PARTIALLY VACATE AN EASEMENT PETITION TO PARTIALLY VACATE AN EASEMENT LOCATED IN LOT 25, CHARLESTON PLACE SUBDIVISION, 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 a partial abandoned and vacated, Tying in Lot 25, Charleston Place Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to partially vacate an easement which is described as follows: A part of lot numbered twenty-five (25), Charleston Place, a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as follows: commencing at the Southwest corner of said Lot Twenty-five (25), said point being an existing iron rebar; Thence N39°41'32"W 24.76 feet along the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty-five(25), N50°18'28" E 5.74 feet to the true point of beginning, said point being the Southwest corner of an existing wood deck; Thence N36°10'43" W 26.10 feet to the Northwest corner of said deck; Thence N53°49'16" E 2.66 feet along the North side of said deck to a point on the East line of an existing ten (10) foot wide utility easement; Thence S39°41'32"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East line of said easement, S53°49'17"W 4.26 feet along the South Side of said deck to the point beginning, containing 90.4 square feet, more or less. That the abutting real estate affected by said abandonment of the easement are Lot 25, Charleston Place Subdivision, City of Fayetteville used by the public for a period of years, 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, 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. November. 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 11 of 24 WHEREFORE, the undersigned petitioner respectfully pray that the goveming body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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 easement of the public for the use of said easement. Dated this ' day of 141494P1 2005 Wayne Y. Lee �/Lrz+vw %/c. Carmen H. Lee November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 12 of 24 AUG -25-200b THU 04:2U Pfl P. U2 flug is OS 04;19p Fc )Seasons Sunroams 472-3 .`9494 P - S UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: O z. t t2tC 6 L- c-C"✓Z. C - REQUEST 15 FOR A PARTIAL VACATION OF A UTIUTY EASEMENT 1 have been notified of the petition to partially vacate an easement described as follows: A part of lot numbered twenty-five (25), Charleston Place. a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as foliows:.commencing at the Southwest comer of said Lot Twenty-five (25), said point being an existing Iron rebar, Thence N32°41'32"W 24.76 feet abng the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty- five(25), N50918'22" E 514 feet to the true point of beginning. said point being the Southwest corner of an existing wood deck; Thence N36°10'43" W 28.10 feet to the Northwest corner of said deck; Thence N53°4916' E 2.88 feet along the North stile of said deck to a point on the East line of an existing ten (10) foot wide utility easement; Thence 6391'41'32"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East fine of said easement, 857491171W 4.26 feat along the South Side of said deck to the point beginning. containing 90.4squarefeet, more or less. UTILITY COMPANY COMMENTS: N No objections to the vacation described above. o No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 4iirs NDt i4) & ZO Q k S ma4e:-0n! IJ l.J Signature of Utility Co pany Representative S idt A..1 t14.p442OiC192. Titre November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 13 of 24 QS# August 23, 2005 Four Seasons Sunrooms Attn: Bill Boss 850 E. Henri de Tonti Blvd. Tonitown, AR 72730 Dear Mr. Boss: Lynda Palmer Right-of9 (A (501) 373-5255 Phone (SOO 373-463X Fax htMa.palmeresbc.com =Southwestern Bed Telephone Company tilt West Cap el 941 Lhde Rock. AR 7241 RE: Easement reduction - Charleston Place S/D - Fayetteville Please find enclosed SBC Southwestern Bell Telephones concurrence in your request to relinquish our interest in the above referenced area. This concurrence must be recorced at the Washington County Courthouse in the Circuit Clerk's office to be complete and legal. 1 would appreciate you returning a copy of the document to me crt the above address for my files. If you have any questions or comments, please call me at 501-373-5255. Sincerely, attachments 6 d 896ZSZ6986 'ON/LZ o 0 t '.L8/eZ :01 50.1 '6 01111) November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 14 of 24 WOad ttE-a LOW:35 DATE; OW3,3tO 380( OI UTnuTYAPPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AIS UTWiy EASEVENT UONs 0131 WeLs:60 G002-6I-511ti 2 UTILITY COMPANY: REQUEST IS FOR A PARTIAL VACATION OFA UTILITY EASEMENT 1 have been notified of the petition to partially vacate an easement described as follows: A part of lot numbered twenty - D fibe at(25). Place, ), thartesbn a subdivision to the City of Fayetteville, m Clerk and Ex -Officio recorder of Washington COUn id subdivision on ale ain morehe particularly of cue CUwh described as follows: commencing at the ty, aidLTwent said point being an e' Southwest cvrtncYof4.6fetabngthe fit, existing i Th G_Thamlu _ t 12eW a of id Lot ng the West Line of said lot Twenty (25); Thence leaving ave(25), N50'1828- E 5-74 feet to the tee Pointed b groes g, of lot ing me_ Southwest comer of an existing rood ;The N369o.' said point1tet the Northwest corner of said deck: Theme. Thence 2.6ry feet W g the fort to the said dept Itl a point on the East Ii,e of N53'49n8t E 266 foot aide blit North side of Them839'41'37E26.15feet ab existing ten(aid0) footmenttoawent: Sculh side of said ded Thence t?av ig t eE st k e ofs eseme nt a 53'41 1 the 4.26 feet along the South Side of s:tiid g the to theatre t begs easement. nin 49`17"yy 9O-4squareteek more or tess- deck point beginning. containing UTILITY COMPANY COMMENTS: o No objections to the vacation described above. oNo objections des above. provided edescribed easements reined(State the locationdinengiomd purpoSebe ) The attached Concurrence must be recorded in order for this Th"---rinra-a-F-Tirtrawetit, ture Utility Company E. g �esenif:five emmerfeldt Palmer Mgr.-Eagr. (ROW) £ d EBEZSZ4980 , 6 SO .6t-8 E d 896ZSZ6986 'ON/Le:01 %).48/88! 01 90,1 t (nHd.) November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 15 of 24 wn,j W08e1 CONCURRENCE TO Rcsn RELEASE A PORTION OF A. DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Arkansas, hereby concurs in the reduction of a dedicated utility easernent, to -wit: A part of Lot 25 01 the Chariesbon Place Subdivision to the Gty of Fayetteville, Arkansas, as per plat of said subdivision on file in the alike of the Circuit Clerk and Ex -Officio remitter of Washington Canty, Arkansas, more partigdarty described as follows: conmenrng at the southwest corner of said lot 25, saki point being an existing iron mbar, thence N39°4132" W 24.76 feet along the west line of said tot 25; thence leaving the west line of said Lot 25, N50°11128T 5.74 feet to the true point of beginning, said pant being the southwest corner at an existing wood deeJ , thence N36°10'43"W 26.10 feet to the northwest corner of said deck; thence N53°4936°E 2S6 feet along the north side of said deck Ina point an t0e east fine of an existing ten foot (1M wide unite easement thence S39°4132T 26.15 feet along the east line of said easement to a point on tte south side of sad deck thence tearing the east One of said easement, S53°49'171W 4.26 feet along the south side of said deck to the (mint of beginning, containing 90.4 square feet, more or less. Signed and executed thisLes day of August 2005. w:it a F. In Davis Dino sr-Engineering/Construction uction CORPORATE ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this theZ,2frlday of August', 2005, before me, the undersigned authority, duly commissioned and qualified in and for the state and county set forth above, personalty came and appeared F. lean Davis, who, after being duly swom, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. SBC Adansas, and that he executed the foregoing instrument as the act and deed of said company of his own free will and for the purposes and considerations Thenen expressed and with due authority. S�t�lhERF[/friss whereof I hereunto set my hand and official seal. i=NQTAiws. ' _ ' QUat-t,✓ 1nSfi�y`°�vps[preprredby SEC I f h k 'Capita% Room 941 Date Rock, AR 72201(501-37 -3255J d 89'ZSZb986 'ON/LZ 0 t '.LS/LZ:O I SO .1 '6. ((1H-0 L f .a E. Sommerfeldt Pa mer Notary Public in and far Faulkner Co. My commission expires 8/11/2011 November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 16 of 24 woma vvi c • Ap VMS CEO LOLV.. o„LCVv LIYV Four Seasons Sunrooms Rug 2 0 10;02a DATE: Y/�J-aol n-nZ UTILITY APPROVAL FORM POR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: AEP — Southwestern Electric Power REQUEST 15 FOR A PARTIAL VACATION OF A UTILITY EASEMENT I have been notified of the petition to partially vacate an easement described as follows: A part of lot numbered twenty-five (25), Charleston Place. a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as follows: commencing at the Southwest corner of said Lot Twenty-five (25), said paint being an existing iron rebar, Thence N39°41(32,IV 24.76 feet along the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty- flve(25), N50018280 E 5.74 feet to the hue point of beginning, said point being the Southwest corner of an existing wood deck; Thence N36°10'43" W 26.10 feet to the Northwest corner of said deck; Thence N53°49.16' E 2.66 feet along the North side of said deck to a point on the East line of an existing ten (10) foot wide utility easement; Thence S39°41132"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East line of said easement, 853°49'1T'W 4.26 feet along the South Side of said deck to the point beginning, containing 90.4squarefeet, more or less. UTILITY CO PANY COMMENTS: No objections to the vacation described above. n No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) 973-;303 Signature �` Utility Company Representative Title November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 17 of 24 I Vll•. tau/ •.#—n lJ 1 Ruta,Y Hug 11 05 11;30e Mare nreher 1 -479 -361 -St `31 UTILITY APPROVAL FORM FOR RIGHT-OFMAY, ALLEY, AND UTILITY EASEMENT VACAT1011S DATE 8 -)c. -os UTILITY COMPANY: C -lc REQUEST 1S FOR A PARTIAL VACATION OF A UTILITY EASEMENT cot l'SL & I have been notified of the petition to partially vacate an easement described as folk nes: A part of lot numbered twenty-five (25), ChaNeston Place, a subdivision to 1 le City of Fayetteville, Aricansas, as per plat of said subdivision on file in the office of he Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, mora earth Marty descn"bed as follows; commencing at the Southwest comer of saki Lot Twe 1ty-five (25), said point being an existing iron rebar; Thence N39°41.32"W 24.76 feet air ng the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot wenty- five(25), N50°18'28" E 5.74 feet to the true point of beginning, said point be ng the Southwest comer of an existing wood deck; Thence N3690'43° W 26.10 fest to the Northwest comer of said deck; Thence N53°49'16" E 2.66 feet along the tf[ Rh side of said deck to a point on the East line of an existing ten (10) foot wide ublittr a asement Thence 839°41'32"E 26.15 feet along the East line of said easement to a p lint on the South side of said deck; Thence leaving the East line of said easement, S5 t°49'17'W 4.26 feet along the South Side of said deck b the point beginning, contain g 90.4squarefeet, more or less. UTILITY COMPANYCOMMENTS: o No objections to rho vacation described above. No objections to the vacation described above, provided following describe I easements are retained. (State the location, dimensions, and purpose below-) KO I L(. 6 en /04 fly rorn. Ale am. n,�' Genr-pr ori (h•t. c`( l SO re of Utility Compa9yRepresentative JI 41 //r9N/ rise NVL t p.o 1 LP November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 18 of 24 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: < 2 T Y wArt C2 t 64v,4,,2„&etc.& j NTC, ovc(C•,r f REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT I have been notified of the petition to partially vacate an easement described as follows: A part of lot numbered twenty-five (25), Charleston Place, a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as follows: commencing at the Southwest comer of said Lot Twenty-five (25), said point being an existing iron rebar; Thence N39°41'32"W 24.76 feet along the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty- five(25), N50°18'28" E 5.74 feet to the true point of beginning, said point being the Southwest corner of an existing wood deck; Thence N36°10143" W 26.10 feet to the Northwest comer of said deck; Thence N53°49'16" E 2 66 feet along the North side of said deck to a point on the East line of an existing ten (10) foot wide utility easement; Thence S39°41'32"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East line of said easement, S53°49117"W 4.26 feet along the South Side of said deck to the point beginning, containing 90.4squarefeet, more or less. UTILITY COMPANY COMMENTS: yNo objections to the vacation described above. o No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signet - .f Util Company Representative die November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 19 of 24 'q& As A. Natio, idasfew UTILITY APPROVAL FORM FOR/ RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: e//4IOS/ UTILITY COMPANY: c, r t y ST 244T S P�"R N Tr S4,4 T REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT I have been notified of the petition to partially vacate an easement described -as follows: A part of lot numbered twenty-five (25), Charleston Place, a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as follows: commencing at the Southwest comer of said Lot Twenty-five (25), said point being an existing iron rebar, Thence N39°41'32"W 24.76 feet along the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty- . five(25), N50°18'28" E 5.74 feet to the true point of beginning, said point being the Southwest corner of an existing wood deck; Thence N36°10'43" W 26.10 feet to the Northwest corner of said deck; Thence N53°49'16" E 2.66 feet along the North side of said deck to a point on the East line of an existing ten (10) foot wide utility easement; Thence 839°41'32"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East line of said easement, S53°49'17"W 4.26 feet along the South Side of said deck to the point beginning, containing 90.4squarefeet, more or less. UTILITY COMPANY COMMENTS: /No objections to the vacation described above. o No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Sign of Utility Company Representative gfa.or 3 (&MS G/ A iitem, 57S '8227 November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 20 of 24 DATE: UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 8 -l6 -o5 UTILITY COMPANY: C- REQUEST IS FOR A PARTIAL VACATION OF A UTILITY EASEMENT I have been notified of the petition to partially vacate an easement described as follows: A part of lot numbered twenty-five (25), Charleston Place, a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as follows: commencing at the Southwest comer of said Lot Twenty-five (25), said point being an existing iron rebar, Thence N39°41'321W 24.76 feet along the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty- five(25), N50°18'28" E 5.74 feet to the truepoint of beginning, said point being the Southwest corner of an existing wood deck; Thence N36°10'43" W 26.10 feet to the Northwest corner of said deck; Thence N53°49'16" E 2.66 feet along the North side of said deck to a point on the East line of an existing ten (10) foot wide utility easement; Thence S39°41'32"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East line of said easement, S53°49'17"W 4.26 feet along the South Side of said deck to the point beginning, containing 90.4squarefeet, more or less. UTILITY COMPANY COMMENTS: XNo objections to the vacation described above. o No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) "Signature of Utility C. p- - epresen ve Sohl Ui ' +t imp Title November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 21 of 24 DATE: UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 9/ 005 UTILITY COMPANY: Arkansas Western Gas Company REQUEST IS FOR A.PARTIAL VACATION OF A UTILITY EASEMENT I have been notified of the petition to partially vacate an easement described as follows: A part of lot numbered twenty-five (25), Charleston Place, a subdivision to the City of Fayetteville, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio recorder of Washington County, Arkansas, more particularly described as follows: commencing at the Southwest comer of said Lot Twenty-five (25), said point being an existing iron rebar; Thence N39°41'32"W 24.76 feet along the West Line of said Lot Twenty-five (25); Thence leaving the West line of said Lot Twenty- five(25), N50°18'28" E 5.74 feet to the true point of beginning, said point being the Southwest corner of an existing wood deck; Thence N36°10'43" W 26.10 feet to the Northwest corner of said deck; Thence N53°4916" E 2.66 feet along the North side of said deck to a point on the East line of an existing ten (10) foot wide utility easement, Thence 839°41'32"E 26.15 feet along the East line of said easement to a point on the South side of said deck; Thence leaving the East line of said easement, S53°49'17"W 4.26 feet along the South Side of said deck to the point beginning, containing 90.4squarefeet, more or less. UTILITY COMPANY COMMENTS: x No objections to the vacation described above. o No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company Representative A 55. s,Jwi At szA,5N L /14,4,0Ala41i. Title November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 22 of 24 VAC05-1784 Close Up View FOUR SEASONS SUNROOMS — FLOODWAY 500 Y: — 100 YEAR LIMIT — — BaseL VACO- svee I wash 150 225 300 FE61C .F STUDY e Profile -tteville - City 1784 • Parcels (Fayetteville) November 14, 2005 Planning Commission 15-1784 (Four Seasons Sunrooms) A.enda !ten Page 23 of 24 November 14, 2005 Planning Commission VAC 05-1784 (Four Seasons Sunrooms) Agenda Item 1 Page 24 of 24 PC Meeting of November 14, 2005 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: November 10, 2005 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 LSD 05-1462: Large Scale Development (RIDGEHILL APARTMENTS, 405): Submitted by N. ARTHUR SCOTT for property located at NW OF GREGG AVENUE AT HOLLY STREET. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.68 acres. The request is to approve a residential apartment complex on the subject property with 38 units and 56 bedrooms proposed. Property Owner: BRANDON BARBER SCB INVESTMENTS, LLC Planner: SUZANNE MORGAN THE APPLICANT HAS REQUESTED THAT THIS ITEM BE TABLED TO THE NOVEMBER 28, 2005 PLANNING COMMISSION MEETING. November 14, 2005 Planning Commission LSD 05-1462 (Ridgehill Apartments) Agenda Item 2 Page 1 of 2 November 14, 2005 Planning Commission LSD 05-1462 (Ridgehill Apartments) Agenda Item 2 Page 2 of 2