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HomeMy WebLinkAbout2008-01-28 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, January 28, 2008, 5:30 p.m. Room 219, City Administration Building ORDER OF PLANNING COMMISSION MEETING A. Introduction of agenda item — Chair B. Presentation of Staff Report C. Presentation of request — Applicant D. Public Comment E. Questions & Answer with Commission F. Action of Planning Commission (Discussion & Vote) NOTE TO MEMBERS OF THE AUDIENCE It' you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment. Public comment occurs after the Planning Staff has presented the application and will only be permitted during this part of the hearing for each item. Members of the public are permitted a maximum of 10 minutes to speak; representatives of a neighborhood group will be allowed 20 minutes. The applicant/representative of an application before the Planning Commission for consideration will be permitted a maximum of 20 minutes for presentation. Once the Chair recognizes you, go to the podium at the front of the room and give your name and address. Address your comments to the Chair, who is the presiding officer. He/She will direct them to the appropriate appointed official, staff member or others for response. Open dialogue will not be permitted: please ask any questions, and answers will be provided once public comment has been closed. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the Planning Commission. 2008 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo �T• a e rre 1' ARKANSAS e TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, January 28, 2008, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent Agenda: 1. Approval of the minutes from the January 14, 2008 meeting. 2. VAC 07-2888: (CLABBER CREEK III LOT 103, 283): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at LOT 103, CLABBER CREEK III. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.30 acres. The request is to vacate a portion of an easement. Planner: Jesse Fulcher 3. LSP 07-2830: Lot Split (CITY OF FAYETTEVILLE, 515): Submitted by CITY OF FAYETTEVILLE for property located at THE WESTSIDE WASTEWATER TREATMENT PLANT. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 217.28 acres. The request is to divide the subject property into three tracts of 32.93, 180.35 and 4.00 acres. Planner: Andrew Garner 4. VAC 07-2743: (ADVANCE AUTO PARTS, 523): Submitted by FREELAND-KAUFFMAN & FREDEEN, INC. for property located at S. SCHOOL AVENUE, JUST S OF O'REILLY'S AUTOMOTIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.20 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Andrew Garner Unfinished Business: None New Business: 5. LSD 07-2740: Large Scale Development (ADVANCE AUTO PARTS, 523): Submitted by FREELAND-KAUFFMAN & FREDEEN, INC. for property located at 786 S. SCHOOL AVENUE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.20 acres. The request is for a 6,776 s.f. auto parts store with associated parking. Planner: Andrew Garner 6. LSD 07-2765: (STONEBRIDGE SQUARE, 567): Submitted by H2 ENGINEERING, INC. for property located at THE SE CORNER OF HWY 16E AND S. STONEBRIDGE ROAD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 3.46 acres. The request is for a commercial development with a 3,360 s.f. convenience store, 3,000 s.f. restaurant, 16,218 s.f. retail space, 3,692 s.f. bank and associated parking. Planner: Dara Sanders 7. CUP 07-2873: (WARD, 293): Submitted by DON WARD for property located at 2450 N. HAMPTON COURT. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.22 acres. The request is for a home occupation. Planner: Dara Sanders 8. CUP 07-2886: (FIRST CHRISTIAN CHURCH, 485): Submitted by GREG BLAND for property located at 220 N. COLLEGE AVENUE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 0.80 acres. The request is for a reduction in the number of parking spaces required and approval of shared parking agreement. Planner: Jesse Fulcher 9. ADM 08-2911: (GROVE CHURCH, 290): Submitted by KENT HODKINS for property located at 385 EAST SUNBRIDGE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.67 acres. The request is for shared parking. Planner: Dara Sanders 10. CUP 07-2875: (WRMC PARKING LOT, 250): Submitted by USI -ARKANSAS, INC. for property located at THE CORNER OF APPLEBY RD AND GREGG AVE. The property is zoned P-1, Institutional and contains approximately 9.46 acres. The request is for an off-site parking lot. Planner: Jesse Fulcher 11. CUP 07-2882: (PREMIER PLAZA, 595): Submitted by H2 ENGINEERING, INC. for property located at NW CORNER OF HWY 62W AND CAMELLIA LANE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 3.44 acres. The request is for a liquor store in the C-1 Zoning District. Planner: Dara Sanders 12. CUP 07-2872: (GOLDEN, 360): Submitted by ALBERT SKILES for property located at 2024 BRIDGEPORT. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.46 acres. The request is for a detached 2nd dwelling unit. Planner: Andrew Garner 13. RZN 07-2889: (COOPER, 446): Submitted by TIM COOPER for property located at the SW CORNER OF N. COLLEGE AVE AND E. CLEBURN ST. The property is zoned R-PZD, RESIDENT. PLANNED ZONING DIST. and contains approximately 0.64 acres. The request is to rezone the subject property to DG, Downtown General. Planner: Jesse Fulcher 14. RZN 07-2856: (PARKS AND RECREATION): Submitted by CITY OF FAYETTEVILLE for property located at VARIOUS LOCATIONS THROUGHOUT THE CITY. The request is to rezone 44 city parks to P-1, Institutional. Planner: Dara Sanders All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. Interpreters or TDD for hearing impaired are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter, please call 575-8330. tevllie ARKANSAS PC Meeting of January 28, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 22, 2008 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2888: (CLABBER CREEK III LOT 103, 283): Submitted by NORTHSTAR ENGINEERING CONSULTANTS, INC for property located at LOT 103, CLABBER CREEK III. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.30 acres. The request is to vacate a portion of an easement. Planner: Jesse Fulcher Background/Property: The project site is located at 3922 Brightwater Place at Lot 103 in the Clabber Creek Phase III Subdivision north of Mount Comfort Road and west of Rupple Road. There is an existing utility line located within the subject utility, easement, though sufficient easement will be retained for access and maintenance, with approximately 10'of separation between the line and the structure, based on the submitted survey. The single-family structure was approved for construction in September 2006 with an approximately 15' setback from the south property line; however, a survey shows that the house encroaches approximately 5' into the platted utility easement. Request: The applicant requests to vacate approximately 54 square feet of the utility easement that is located on the south side of the subject property, under the existing single-family residence. The applicant has submitted the required notification forms to.. the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Cox Communications No Objections AEP/SWEPCO No Objections Arkansas Western Gas No Objections AT&T! Southwestern Bell Telephone No Objections K:\Reports\2008\PC Reports\02-January 28\VAC 07-2888 (Clabber Creek III Lot 103).doc January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek III Lot 103 Agenda Item 2 Page 1 of 18 CITY OF FAYETTEVILLE• Water/Sewer Engineering Solid Waste Transportation RESPONSE No Objections. No Objections No Obj ections No Objections Findings: Staff finds that vacating the requested portion of easement would not adversely affect access to the utilities serving the property, or any other adjacent property. All necessary utility representatives have stated no objection to the requested vacation. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding to the City Council with a recommendation for approval of VAC 07-2888 with no conditions. PLANNING COMMISSION ACTION: yes Required Recommendation to be: ❑ Forwarded for approval ❑ Denied ❑ Tabled Motion: Second: Vote: Date: January 28, 2008 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 K:\Reports\2008\PC Reports\02-January 28\VAC.07-2888 (Clabber Creek 11I Lot 103).doc January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek III Lot 103 Agenda Item 2 Page 2 of 18 NORTHSTAR ENGINEERING NCONSULTANTS, INC. Civil Engineering Environmental Engineering Land Surveying Planning December 7, 2007 Mr. Jeremy Pate City Planner City of Fayetteville 126 West Mountain Street Fayetteville, Arkansas 72701 Re: Easement Vacation Request — Lot 103 Clabber Creek Subdivision, Phase 3, Fayetteville, Arkansas NEC Project No. 571-001 Dear Mr. Pate: On behalf of Homestead Homes, LLC, I respectfully request your consideration of the easement vacation described below regarding Lot 103, Clabber Creek Subdivision, Phase 3, Fayetteville, Arkansas. A house has been constructed which encroaches onto an existing platted utility easement. We are requesting a portion of the easement to be vacated to allow the constructed home to encroach into the easement (See attached exhibit). We would appreciate your consideration of the above request. Please call me at 479-271-0906 if you have any questions or need additional information. Best Regards, i ason E Ingalls, PE Project Manager Cc: Homestead Homes, LLC, Owner File T:\571.01\Woro\Easement Vacation Request - Let 103 - Gabber Creek Sub.. Ph. 3 (12-7-07).goc 207 South Main Street Bentonville, Arkansas 72712 Phone (479) 271-0906 Fax (479) 271-8144 Email nseng@swbel ary 28, 2008 Planning Commission VAC 07-2888 Clabber Creek III Lot 103 Agenda Item 2 Page 3 of 18 PETITION TO VACATE A PORTION OF AN EASEMENT LOCATED IN LOT 103, CLABBER CREEK SUBDIVISION, PHASE 3, 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, lying in Lot 103, Clabber Creek Subdivision, Phase 3, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an easement which is described as follows: Part of Lot 103 of Clabber Creek, Phase 3, being a part of the Northeast Quarter of the Southeast Quarter of Section 31, .Township 17 North, Range 30 West in Washington County, Arkansas, being more particularly described as follows: Beginning at a found iron pin for the Southwest corner of Lot 102 of Clabber Creek, Phase 3, thence N08°24'14"E 135.40 feet, thence S69°06'17"E 45.90 feet to the point of beginning, thence S69°06'17"E 24.02 feet, thence S31°52'01"W 4.57 feet, thence N58°07'59"W 23.58 feet to the point of beginning, containing 54.0 square feet, more or less. That the abutting real estate affected by said abandonment of the easement are Lots 10, 102, and 104 of Clabber Creek Subdivision, Phase 3, Lots 128, 129, 130, & 131, Clabber Creek Subdivision, Phase 4, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above 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 easement. Da ted this /9 day of 9foinLPr 2007. n4JeebJ h✓. /9r/Gr 4- 4Aon Printed Name Signature ✓ January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 4 of 18 S87{2^ ." 119.44' / I%�jOR2r . s � 5 9 C N 47 I I..6�? ,�.� �. z c� r7 71;5-25156—OCC Q. c'cP rM I LOT 103A ��d'- \� W I �ACRES 0.26 t ��e 11514 SQ. FT. ± (� d 765-25186-000 > > a I HOMESTEAD HOMES, LLC ¶j' .--% N 65 RANDALL WOBBE LANE, tP 60 o E 1 PRINGDALE, AR 72764 Z o I ZONEt� F-4 Z;' 1er���`i POI`Nog � $ m IAB NTNG ' - S69. \hie ' o ,S90E 56906.7711k-//, N / X80 �2 reeet914, / 1.0` hryI\4 )'k c 4 !q1 a f POINT .OF COMMENCEMENT LEGAL DESCRIPTION: (EASEMENT TO BE VACATED) 'PART OF LOT 103 OF CLABBER CREEK PHASE 3;! BEING A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION '31, TOWNSHIP -17 NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN FOR THE SOUTHWEST CORNER OF LOT 102 OF CLABBER CREEK, PHASE 3, THENCE N08'24'14"E 135.40 FEET, THENCE S69'06'17"E 45.90 FEET TO THE POINT OF BEGINNING, THENCE S69'06'17"E 24.02 FEET, THENCE S31'52'01"W 4.57 FEET, THENCE N58'07'59"W 23.58 FEET TO THE POINT OF BEGINNING, CONTAINING 54.0 SQUARE FEET,MORE. OR LESS. ASL 30' 0 30' SCALE 1" = 30' BASIS OF BEARING FINAL PLAT CLABBER CREEK, PHASE 3, 0023-00000210 EASEMENT TO BE VACATED 055 AVORTHSTAR ENG/NEER/NG EXHIBIT FOR PARTIAL EASEMENT VACATION 08 on 03 genda Ite 2 Pages5 o 18 AircoJoAL biz ck.,3 (rand_ Building Permit Review Form check List Site Address: ?.,Walc?Drtc ( Date: g\aq,i N A/P: Permits qualify for the One -Stop Permitting Process When All Apply: DFinal Plat approved on or after Jan. 1, 05 ['The Permit is for a 1 or 2 Family Residence [he Zoning is NOT R-PZD Bldg does NOT exceed 40% of the lot. ['The Property is NOT in the Flood Zone EJDoes NOT have a slope greater than 15 ['The property will not have a retaining wall over 4' high ['Plat does NOT have tree mitigation requirements Does NOT fall within the Hillside -Hilltop Overlay District Retrieve the following info from Arc Map: Zoning\a _t\ Plat Page: ..S3 Parcel#' a\24�Cik� S/T/R: Subdvsn: C. \oe'c¢s-Cxeet R Lot/Block: \ p`al Taz Zone: Pull Plat - Look for utility easements, setbacks and sidewalks: Setbacks: N: Match final plat? Greenspace & curb? Y�+ N❑ Setbacks meet min.? Y9Nfl Sidewalk shown? YdN9 SW measurements: Lgth: Lgth: YEN] S: \ "CS E: W: Measure Site plan -does it scale? Setbacks and easements marked? Msred from property line/overhang Centerline of street shown per MSP Along: Along: 2t7 Y@N❑ YtoN❑ yErNo YL"1"❑ Sidewalk Notes: When sidewalk is located on a corner lot, allow 20' for each radius on each sidewalk length. (Each radius=40' total) Collectors or Arterials streets wider than 50' right of way (ROW) requires a 6' wide sidewalk. Check Height Limit: (45' height limit in all single family zoning) Zoned single family? Y'N❑ Height at historic grade ..Q. Zoned multi family? Y[JN[] Height at historic grade If zoned multi family and over 20' in height, additional side setbacks will apply \\pd`o \l X13 Curb Cuts/Access Restrictions Minimum of 5' off side property line Minimum of 40' from intersections. NO Y9N9 Min. of 60' from intersections Y ONO on streets w/over 50' ROW January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 6 of 18 2326' pereN 1 31.2-Z BPI GHTWATEE PI{, \ Ob I LOT FLAN area = 2 7 ACRES (mai) scale -r:20' Contractor Intormatlon: Homestead Homes 479.927.3388 Protect Intorrnatlon: Lot *105 - Phase 3 Clabber Greek 5/17 NOTES: 1. WNENSCNS 10 FRAME CONSTRUCTION. 2 POSMONR1C OF HOUSE ON LOT SIOMN FOR REfEREN ONLY. ACTUAL pOSMONINC TO BE V£NHm BY OTHERS 3. REFER TO SURVEY ON FRE FOR ADOMONAL RIFORYATON. CAD esign Drafting service, Inc. 2049 Reed Avenue 0-11,18/103 1/31/06 Springdale, Arkansas 72764 Sheet Number Phone (479) 756-2738 Pager (4799) 718-4411 I,/y' anl,a 8, 2008 FAX (479) 927-0018 Penninr4 ( mission VAC 07-28E8 Clabber Creek III Lot 103 Agenda Item 2 Page 7 of 18 0 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 12-7-07 - ' } rti� f{{{s71 eo1 Utility Company: Cox Communications- Michael Moore Applicant Name: Homestead Homes, LLC Applicant Phone: (479) 927-9925 REQUESTED VACATION: 121 Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated. right-of-way. ❑ Alley ❑ Street rightof--way I have notified of the petition to vacate the following portion' of an easement, described as follows; Lot 103, Clabber Creek Subdivision, Phase 313922 Brightwater Place (See attached exhibit and legal description) UTILITY COMPANY COMMENTS: No objections to the vacation descr bed above. O No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: " rtgnature of Utility ompany Representative Project Coordinator Cox Communications Title January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 8 of 18 DEC -10-2007 MON 07:36 AM Date: 12-7-07 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Utility Company: Ozarks Electric — Greer McGee P. 02 Applicant Name: Homestead Homes, LLC Applicant Phone: $79) 927-9925 REQUESTED VACATION: Ea Utility Easement © Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. Q Alley © Street right-of-way I have notified of the petition to vacate the following portion of an easement, described as follows: Lot 103, Clabber Creek Subdivision, Phase 3 / 3922 Brightwater Place (See attached exhibit and legal description) UTILITY COMPANY COMMENTS: No objections to the vacation described above. No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) O No objections provided the following conditions are met: Signatu = of Utility Company Representative Ltaot5kkrN' erecI,.� Title January 28, 2008 Plgnning Commission VAC 07-2888 Clabber Creek III Lot 103 Agenda Item 2 Page 9 of 18 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 12-11-07 Utility Company: Applicant Name: Arkansas Western Gas — James Boyd Homestead Homes, LLC Applicant Phone: (479) 927-9925 REQUESTED VACATION: 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 notified of the petition to vacate the following portion of an easement, described as follows: Lot 103, Clabber Creek Subdivision, Phase 3 / 3922 Brightwater Place (See attached exhibit and legal description) UTILITY COMPANY COMMENTS: Ls No objections to the vacation described above. ❑ No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility Company R presentative E,7Emc.F_ Ast'ST)4,r Title OPEn.ksl.4 ti MQw+a 6C 2 January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 10 of 18 dt&t December 10, 2007 Lynda Palmer Manager -Engineering (ROW) Right -of -Way & Joint Use Poles Northstar Engineering Consultants, Inc. Attn: Jason Ingalls, PE 207 South Main Street Bentonville, AR 72712 AT&T Arkansas 1111 West Capitol Room 941 Little Rock, AR 72201 T: 501.373.5255 F: 501.373.0229 lynda.palmer@att.com `doHTl TAR EN t RING reined By. sat'? roject No.. i.. 1hcc: F /e Dear Mr. Ingalls: RE: Easement vacation - Clabber Creek S/D - Fayetteville, AR Please find enclosed AT&T's concurrence in your request to the above mentioned vacation. This concurrence must be recorded at the Washington County Courthouse in the office of the circuit clerk to be complete and legal. I would appreciate you returning a copy of the document to me at the above address for my files. If you have any questions or comments, please call me at 501-373-5255. Sincerely, attachments USA �Lproud >ponsor of the U.S. UIympic learn January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 11 of 18 atsit CONCURRENCE TO CLOSE A DEDICATED EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone Company, d.b.a. AT&T Arkansas, hereby concurs in the vacation of a portion of a dedicated utility easement in part of Lot 103 of the Clabber Creek Phase III Subdivision, being a part of the NE SIA of the SEV4 of Section, 31, T -17-N, R -30-W, in Washington County, Arkansas, being more particularly described as follows: Beginning at found pin for the SW corner of Lot 102 of the Clabber Creek, Phase III, thence N08°24'14"E, 135.40 feet; thence S69°06'17"E 45.90 feet to the point of beginning; thence 569°06'17"E 24.02 feet; thence S31° 52'01"W 4.57 feet; thence N58°07'59"W 23.58 feet to the point of beginning, containing 54.0 square feet, more or less. Signed and executed this le day of December, 2007. STATE OF ARKANSAS COUNTY OF PULASKI atnif can Davis ector-Engineering/Construction CORPORATE ACKNOWLEDGEMENT On this the i0 th day of December, 2007, before me, the undersigned authority, duty commissioned and qualified in and for the state and county set forth above, personally came and appeared F. Jean Davis, who, after being duly sworn, declared that he is the Director-Engineering/Construction for Southwestern Bell Telephone „Comp any ,d.b.a. AT&T Arkansas, and that he executed the foregoing instrument as the act and deed of said h1p86'f'hi own free will and for the purposes and considerations therein expressed and with due authority. '11;('taii r&whereof I hereunto set my hand and official seal. rrt 23 S instrirniet prepared by AT&T 1 4 741 l '0caprtol, Room 941 Lynpa E. Sommerfetdt Palmer '''tittle,Rock; AR 72201 (501-373-5255) Notary Public in & for Faulkner Co., AR My commission expires August 10, 2011 January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 12 of 18 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 12/10/07 UTILITY COMPANY: Southwestern Bell Telephone Company d.b.a. AT&T Arkansas REQUESTED VACATION: UTILITY EASEMENT I have been notified of the petition to vacate the following right-of-way. Described as follows — 3922 Brightwater Place: Part of Lot 103 of the Clabber Creek Phase III Subdivision, being a part of the NE 'A of the SE °A of Section, 31, T -17-N, R -30-W, in Washington County, Arkansas, being more particularly described as follows: Beginning at found pin for the SW corner of Lot 102 of the Clabber Creek, Phase III, thence N08°24'14"E, 135.40 feet; thence 569°06'17"E 45.90 feet to the point of beginning; thence 569°06'17"E 24.02 feet; thence S31 '52'01"W 4.57 feet; thence N58°07'59"W 23.58 feet to the point of beginning, containing 54.0 square feet, more or less. UTILITY COMPANY COMMENTS: No objections to the vacation described above. Signature of this form does not constitute a release of easement. The attached Concurrence must be recorded at the Washington County courthouse in order for this release to be complete and legal. Signature of AT&T Company Representthtive: L ' da E. Sommerfeldt Pal er, Mgr: Engr. (ROW) January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 13 of 18 12/13/2007 THU 15:13 FAX 479 684 4730 WATER & SEWER UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 12-7-07 Utility Company: Applicant Name: Fayetteville Water and Sewer — Matt Casey Homestead Homes, LLC Applicant Phone: f479) 927-9925 REQUESTED VACATION: IE Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. ❑ Alley 9 Street right-of-way I have notified of the petition to vacate the following portion of an easement, described as follows: Lot 103, Clabber Creek Subdivision, Phase 3 / 3922 Brightwater Place (See attached exhibit and legal description) UTILITY COMPANY COMMENTS: g No objections to the vacation described above. ❑ No objections to the vacation described above, provided following described easements are retained, (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility CompanyCRepresentative Nn,, d J¢-Lus.v in Cr./L�9inb ' Y tr' Title t a 002 January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 14 of 18 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION. Date: 12-7-07 Utility Company: Fayetteville Solid Waste — Brian Pugh Applicant Name: Homestead Homes, LLC Applicant Phone: f479) 927-9925 REQUESTED VACATION: 0 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 notified of the petition to vacate the following portion of an easement, described as follows: Lot 103, Clabber Creek Subdivision, Phase 3 / 3922 Brightwater Place (See attached exhibit and legal description) UTILITY COMPANY COMMENTS: No objections to the vacation described above. ❑ No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility Company Representative t ion.hie CCD -c ±1A Title January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 15 of 18 UTILITY APPROVAL FORM FOR UTILITY EASEMENT VACATION Date: 12-7-07 Utility Company: Transportation — Mr. Perry Franklin Applicant Name: Homestead Homes. LLC Applicant Phone: (479) 927-9925 REQUESTED VACATION: Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way. O Alley ❑ Street right-of-way I have notified of the petition to vacate the following portion of an easement, described as follows: Lot 103, Clabber Creek Subdivision, Phase 3 / 3922 Brightwater Place (See attached exhibit and legal description) UTILITY COMPANY COMMENTS: XtNo objections to the vacation described above. 0 No objections to the vacation described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: c<1 /Z1/d 4p7 Signatur tility Company Representative `C PQ c ninLnaRsetalij‘--- i eD IV[ sit VaD eT0)4s 0 - �s� 922i January 28, 2008 Planning Commission VAC 07-2888 Clabber Creek 111 Lot 103 Agenda Item 2 Page 16 of 18 VAC07-2888 Close Up View CLABBER CREEK 111 LOT 103 Overview 0 10 20 40 60 80 Feet VAC January 28, 2008 Planning Commission 07-2888 Clabber Creek 111 Lot 103 Page 17 of 18 Overview Legend Subject Property VAC07-2888 Boundary Planning Area d,000 o Overlay District coo000 Outside City 0 0.25 0.5 Legend Ell Hillside -Hilltop O\ 1 erlay District MVAJanuary 28, 20C les Planning Commissic C 07-2888 Clabber Creek III Lot 10 Agenda Item 2 Page 18 of 18 eLe . ARKANSAS PC Meeting of January 28, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Planning Commission Members FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 23, 2008 LSP 07-2830: Lot Split (CITY OF FAYETTEVILLE, 515): Submitted by CITY OF FAYETTEVILLE for property located at THE WESTSIDE WASTEWATER TREATMENT PLANT. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 217.28 acres. The request is to divide the subject property into three tracts of 32.93, 180.35 and 4.00 acres. Property Owner: City of Fayetteville Planner: Andrew Garner Findings: January 17, 2008 Subdivision Committee Meeting: At the January 17, 2008 Subdivision Committee meeting this item was forwarded to the Planning Commission with a recommendation for approval and requesting this to be placed on the consent agenda. Property Description and Background: The site is located on the City of Fayetteville Wastewater Treatment Plant (WWTP) site south of Persimmon Street and east of 54th Street in southwest Fayetteville. The overall site contains approximately 217 acres of land under development for the new WWTP The City of Fayetteville proposes to split a 4.00 -acre parcel from the parent tracts to allow for the sale of the tract to Ozarks Electric and the development of a new electric substation on the lot. In December 2007 the Fayetteville Board of Adjustment approved a variance to allow for the creation of the requested lot split for Tract D without direct street frontage. Surrounding Land Use/Zoning: The property surrounding the 4.00 -acre tract (Tract D) is all within the City of Fayetteville WWTP site and is zoned R -A. The surrounding land uses and zoning around the WWTP are listed in Table 1. TABLE 1 SURROUNDING LAND USE AND ZONING Direction from Site Land Use Zoning North Undeveloped (approved for Rustic Meadows subdivision) RSF-8 South Undeveloped City -owned property R -A East Rural Residential R -A; RSF-1 West Rural Residential RSF-1 Request: The applicant requests to create a new 4.00 -acre lot (Tract D) out of the existing parent tracts (Tracts B and C). K::1 Reports120081PC Reports102-January 281LSP07-2830 (City of Fayetteville Ozark Electric).doc January 28, 2008 Planning Commission LSP 07-2830 City of Fayetteville Agenda Item 3 Page 1 of 6 Adjacent Master Street Plan Streets: 54th Street (Collector Street); Broyles Street (Collector). Right-of-way being dedicated: Sufficient right-of-way exists for adjacent streets and was dedicated as part of the WWTP development. Water/Sewer: The new tract has access to water along 54th Street. Sanitary sewer is not available and is not required for the creation of this lot for an electric substation. This technically constitutes the necessity for a waiver, however, as all lots are required to have direct access to sewer. Recommendation: Staff recommends approval of LSP 07-2830 with the following conditions: Conditions of Approval: 1. Planning Commission determination of a waiver of Fayetteville Unified Development Code 166.03(I)0) to allow for the creation of a new lot prior to the extension of required sewer line to Tract D. Staff is in favor of this waiver with the condition that if development is ever proposed on the lot that requires sewer service, it shall be extended at that time at the developer's expense. SUBDIVISON COMMITTEE RECOMMENDED IN FAVOR OF THIS CONDITION (01/17/08). 2. Pursuant to the variance that was approved by the Fayetteville Board of Adjustment in December 2007 to create a lot without street frontage, the use on the newly created lot shall be limited to public protection and utility facilities (Use Unit 3). 3. Development of the electric substation on the new 4.00 -acre tract shall be subject to Large Scale Development review in conformance with City ordinance. 4.. A.20' access and a 20' utility easement to provide access and utility service to the new.lotshall be provided as depicted, on the plat. 5. Revise the plat to clearly depict the existing right-of-way for Broyles Avenue (total 70'. width) as dedicated as part of the WWTP project along the entire east property line. Standard Conditions of Approval: 6. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). Additional Conditions: a. Planning Commission Action: 0 Denied ❑ Approved 0 Tabled Motion: Second: Vote: Meeting Date: January 28, 2008 Comments: The "Conditions of Approval" listed in the report above are accepted in total without exception by the entity requesting approval of this development item. Signature Date K:1Reports120081PC Reports102-January 281LSP07-2830 (City of Fayetteville Ozark Electric).doc January 28, 2008 Planning Commission LSP 07-2830 City of Fayetteville Agenda Item 3 Page 2 of 6 October 30, 2007 Re: Ozark Electric Cooperative Corp. Land Sale City of Fayetteville Planning Division Dear City of Fayetteville , Ozarks Electric Cooperative Corporation is purchasing four acres of city owned land in order to build an electrical substation near its existing transmission line. Thank You, Andrea Allen WSIP Office City of Fayetteville 113 West Mountain Fayetteville, AR 72701 January 28, 2008 Planning Commission LSP 07-2830 City of Fayetteville Agenda Item 3 Page 3 of 6 LSP07-2830 Close Up View CITY OF FAYETTEVILLE RSCdi - RSF4. _. SUBJECT PROPERTY PERSIM 0 RSF-1 DOT TIPTDN RD con a0 d SELLERS RD Overview 0 p o b BOGAN DR RSF-1 0 dpi 0 aQ 0 0 RSP -1 0 300 600 1,200 1,800 2,400 Feet January 28, 2008 Planning Commission LSP 07-2830 City of Fayetteville Agenda Item 3 Page 4 of 6 RSF-4's ASFi' L -0GRAYG GAP QRS S4 F-RSF-4 RSF-4 RSF-4- RSF-4 RSF-4 PEERRSIM.z 2a, B9GAN_DR Overview Legend Subject Property LSP07-2830 Boundary 'tip' Planning Area vc'^o`p 000 .o3 Overlay District Outside City Legend MI Hillside -Hilltop Overlay District 0 0.25 0.5 1 nos M January 28, 2( Planning Commiss les LSP 07-2830 City of Fayette Agenda Item 08 on Ile 3 eyc5 of 6 January 28, 2008 Planning Commission LSP 07-2830 City of Fayetteville Agenda Item 3 Page 6 of 6 a% it eARKANSAS PC Meeting of January 28, 2008 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: January 23, 2008 VAC 07-2743: (ADVANCE AUTO PARTS, 523): Submitted by FREELAND-KAUFFMAN & FREDEEN, INC. for property located at S. SCHOOL AVENUE, JUST S OF O'REILLY'S AUTOMOTIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.20 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Andrew Garner Property Description & Background: The subject property is located at 786 South School Avenue (71B), on the east side of the road. The property contains three single family detached homes. The overall site is bounded by Locust Avenue on the east. The property is zoned C-2, Thoroughfare Commercial. The applicant is proposing to constructa new 6,776 square foot Advance Auto Parts retail store on the property. Surrounding land use and zoning is listed in Table 1. Table 1 Surrounding Land Use and Zonin Direction from Site Land Use Zoning North, South, West Mixed Commercial/Retail C-2 East Single Family Residential RMF -24 There is an existing sewer line and associated 20 -foot wide easement that bisects the subject property. In order to construct the Advanced Auto Parts store the applicant proposes to abandon the existing sewer line and construct a new sewer line outside of the footprint of the new store vacate the easement and dedicate a new easement over the new sewer line. Request: The applicant requests to vacate 2,419.62 square feet of the utility easement that bisects the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the results summarized below. UTILITIES RESPONSE Cox Communications No Objections Ozark Electric No Objections AEP/SWEPCO No Objections K:\Reports\2008\PC Reports\02-January 28\VAC 07-2743 (Advanced Auto Parts).doc January 28, 2008 Planning Commission VAC 07-2743 Advance Auto Parts Agenda Item 4 Page 1 of 10 Arkansas Western Gas No Objections AT&T No Objections — provided that relocation of any existing facilities will be at the owner/developer's expense. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer and Engineering Solid Waste No Objections - provided that the easement shall not be vacated until the new sewer main is constructed, inspected, and approved, and a new easement dedicated prior to issuance of a building permit for the large scale development. No Objections — provided that solid waste dumpsters are allowed straight approach and access to service dumpster during sewer re -location. Transportation No Objections Findings: Staff finds that vacating the requested portion of easement would not adversely affect access to the utilities serving the property or any other adjacent property given the applicant's proposal to relocate the existing sewer line and dedicate a new easement over the relocated sewer line. Public Comment: Staff has not received public opposition to this vacation request. Recommendation: Staff recommends forwarding this request to the City Council with a recommendation of approval to vacate the utility easement VAC 07-2743 with the following conditions of approval. 1. The easement shall not be vacated until the new sewer main is constructed, inspected, and approved, and a new easement dedicated prior to issuance of a building permit for the large scale development. 2. Solid waste dumpsters shall maintain a straight approach and access to service dumpster during sewer re -location. 3. Relocation of any existing facilities will be at the owner/developer's expense. PLANNING COMMISSION ACTION: Recommendation to be: ❑ Forwarded for approval 0 Denied 0 Tabled Motion: Second: Vote: Date: January 28, 2008 Comments: K:\Reports\2008\PC Reports\02-January 28\VAC 07-2743 (Advanced Auto Parts).doc January 28, 2008 Planning Commission VAC 07-2743 Advance Auto Parts Agenda Item 4 Page 2 of 10