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HomeMy WebLinkAbout2007-09-10 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 10, 2007, 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. Public Comment D. Presentation of request — Applicant E. 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 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. 2007 Planning Commissioners Jill Anthes Lois Bryant Matthew Cabe James Graves Porter Winston Audy Lack Christine Myres Alan Ostner Sean Trumbo WeAyifle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, September 10, 2007, 5:30 p.m. Room 219, City Administration Building The following items will be considered: Consent: 1. Approval of the minutes from the August 27, 2007 Planning Commission meeting. 2. VAC 07-2705: (DRIVER S/D, 295): Submitted by FREELAND-KAUFFMAN & FREDEEN, INC. for property located at NE & SE CORNERS OF N. KITTERY LN AND E. TOWNSHIP ST. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.41 acres. The request is to vacate a portion of the temporary cul-de-sac at the extension of Township Street. Planner: Dara Sanders 3. VAC 07-2706: (HAMMONS/GREENBRIAR, 215): Submitted by STITT ENERGY SYSTEMS, INC. for property located at 30 N. GREENBRIAR DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.14 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher 4. VAC 07-2707: (CITY OF FAYETTEVILLE / BROYLES, 515): Submitted by CITY OF FAYETTEVILLE for property located at 15 S. BROYLES AVENUE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.19 acres. The request is to vacate a portion of the right of way of the abandoned street after re-routing. Planner: Andrew Garner 5. LSD 07-2697: (ARNOLD ORTHOPEDICS, 175): Submitted by CEI ENGINEERING ASSOCIATES, INC. for property located at LOT 4A, VANTAGE SQUARE, N OF JOYCE BETWEEN PARKVIEW AND PARKSHORE. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 3.49 acres. The request is for a 23,236 s.f. medical office building with associated parking. Planner: Andrew Gamer 6. LSD 07-2677: (LOT 9 TIMBERLAKE OFFICE PARK, 135): Submitted by H2 ENGINEERING, INC. for property located at LOT 9 TIMBERLAKE OFFICE PARK, N OF ZION AND E OF LOWE'S. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 2.07 acres. The request is for a large scale development with a 20,500 s.f. office building and associated parking. Planner: Andrew Garner Old Business: 7. CUP 07-2666: (VERIZON WIRELESS SANG AVENUE, 481): Submitted by WOODEN, FULTON & SCARBOROUGH, P.C. for property located at THE SANG AVENUE WATER TOWER SITE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 0.13 acres. The request is for a 150' wireless communication facility on the subject property. Planner: Andrew Garner New Business: 8. RZN 07-2708: (CITY OF FAYETTEVILLE FIRE ST., 255): Submitted by CITY OF FAYETTEVILLE for property located at VARIOUS LOCATIONS. The property is zoned VARIOUS ZONING DISTRICTS. The request is to rezone all of the existing Fire Stations and proposed sites (except F.S.1) to P-1, Institutional to bring them into zoning compliance. Planner: Tim Conklin STAFF RECOMMENDS THIS ITEM BE TABLED TO OCTOBER 08, 2007. 9. CUP 07-2692: Conditional Use Permit (VERIZON TOWER MEMORIAL DRIVE, 406): Submitted by WOODEN, FULTON & SCARBOROUGH, P.C. for property located at 110 E MEMORIAL DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.74 acres. The request is for a 150' cellular tower on the subject property. Planner: Andrew Garner 10. CUP 07-2701: (SPORTS PARK OF ARKANSAS, 440): Submitted by JOHN PAUL WARREN AND STEVE WILLIAMS for property located at 3485 W. WEDINGTON DRIVE. The property is zoned R -A, RESIDENTIAL -AGRICULTURAL and contains approximately 76.00 acres. The request is to allow a campground for the Bikes, Blues and Barbeque event on the subject property. Planner: Jesse Fulcher 11. CUP 07-2703: (THE CHURCH AT ARKANSAS, 270): Submitted by JONATHAN BEASLEY for property located at 1905 E. MISSION BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 4.26 acres. The request is for a church, Use Unit 4, in the C-1 Zoning District. Planner: Jesse Fulcher 12. CUP 07-2702: (SISEMORE, 561): Submitted by JOHN & LORI SISEMORE for property located at 1330 S. DUNCAN AVENUE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 1.33 acres. The request is for a child care center for 35 children. Planner: Dara Sanders 13. CUP 07-2704: (SCARPINO'S, 484): Submitted by RICHARD AND GINA BERQUIST for property located at 329 N. WEST AVENUE. The property is zoned MSC, MAIN STREET CENTRAL and contains approximately 0.63 acres. The request is for outdoor music. Planner: Dara Sanders 14. CUP 07-2721: (FELLOWSHIP OF THE HILLS, 363): Submitted by FELLOWSHIP OF THE HILLS CHURCH for property located at 2783 MT. COMFORT ROAD. The property is zoned P-1, INSTITUTIONAL and contains approximately 2.19 acres. The request is for temporary replacement of a burned structure with a mobile 'office' trailer for classrooms and meeting rooms. Planner: Andrew Garner 15. RZN 07-2691: (JB HAYS, 610): Submitted by LEE & LINDA L. WARD for property located at 5393 E. HUNTSVILLE ROAD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.80 acres. The request is to rezone the subject property to C-1, Neighborhood Commercial. Planner: Andrew Garner 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. rlye AR:KAN.SAS PC Meeting of September 10, 2007 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 10, 2007 VAC 07-2705: (Driver S/D): Submitted by FREELAND, KAUFMANN & FREEDEN for property located at THE EAST END OF TOWNSHIP. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1,789 square feet. The request is to vacate the excess right-of-way on the north and south sides of Township. Owner: Mike Driver Planner: Dara Sanders Findings: Background: On July 24, 2006 the Planning Commission approved the Preliminary Plat (PPL 06-2151) for the Driver Subdivision. East Township Road ends in a cul-de-sac in Covington Park subdivision, with a stub out that has now been extended. The conditions of approval required the applicant to remove the existing cul-de-sac on East Township Street, into which the new street will connect, and the extension of a minimum 28' street, curb, gutter, storm drain, and sidewalk to the cut -point. The applicant will be dedicating a 50' right-of-way, which will result in an acceptable jog in the right-of-way between Covington Park and Driver Subdivisions_ The subject properties are located in the existing cul-de-sac on East Township Street where the removal will occur. Request: The applicant requests to vacate a portion of right-of-way as indicated on the attached drawings and legal description. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below: UTILITIES RESPONSE Ozarks Electric No Objection Cox Communications No Objection K:\Reports\2007\PC Reports\09-10-07\VAC 07-2705 (Driver).doc September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 1 of 16 Southwestern Electric Power Company No Objection Arkansas Western Gas No Objection Southwestern Bell Telephone No Objection. Keep utility easement. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Keep all water and sewer easements. Transportation No Objection Solid Waste Engineering No Objection Public Comment: The adjacent property owners have indicated no objections with the proposed right-of-way vacation. Recommendation: Staff recommends forwarding VAC 07-2705 to the City Council with a recommendation for approval with the following conditions: 1. The portion of right-of-way to be vacated shall be retained as a general utility easement. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Meeting Date: September 10, 2007 Motion: Second: Vote: K:\Reports\2007\PC Reports \09-10-0.7\VAC 07-2705 (Driver).doc September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 2 of 16 MICHAEL & NAY DRIVER PN: 765-22029-000 WOi BH. 2003, PG. 24380 (ZONE RSF-4) MADELYN & MICHAEL DAMS PN:785-22030-000 WD: BIC 2004, PG. 4064 (ZONE RSF-4) RIGHT-OF-WAY DSC. 1 =894.96 SF. DOST. RIGHT-OF-WAY TO BE VACATED - 1,.78.09' R-50' L4124 R -26A8 P.O.B. R -O -W 1 N89'57'54'W 1227' _ L,44���� 76 99 1 L-7623' R-505' RIGHT -Or -WAY DEBC. 2 389428 SF. EXIST. RIGHT-OF-WAY TO BE VACATED ERIC D. & RACHEILE R. SALE PN:765-22010-000 W9: WN. 2006 PG. 2568 (ZONE RSF-4) a 5/8' REBAR --1 E TOWNSHIP STREET NO0'02'5Sw 66.00' N89'57'54W 12.29' P.O.B. R -0-W 2 SOSJ DEVELOPERS, LLC 147,348.79 S0. F7. OR 3.3828 ACRE52 PN: 765-21241-200 WARRANTY DEED BC 2006, PC. 19151 ZONED RSF-4 UHT -OF -WAY DESCRIPTION 11 PART OF TFE 501.171 -EAST NORTH RANGE 29 WEST, DESCRIBED ASI COMMENCNG A WARRANTY PONT OF RADIUS RIGHT P.O.C. ALL TRACTS FM. 1/2' TSAR JOSHUA TURNER BROW! PN:001-15643-001 (WASHINGTON COUNTY) (SB/4) OF TI -E SOUTFEAST QUARTER (SE/4) OF SECTION 31 TO OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AM BONG MORE P SOUTHWEST CORNER OF PARCB3r 765-21241-200 AS DESCRIBED N WASHNGTON COUNTY BOOK 2006, PAGE 19151 THENCE NO0'02'58W 18263 1 LL 1 Ti-EJCE N8157'5411/ 12.27 }moi TO TFE TFENCE N89'57'5TW 80.06 FEET, TFENCE 1624 FEET ALONG A CURVE TO TI -E LEFT HAVING A 26,48 FEET AM A CHORD BEARING OF N6722'05'E1 THENCE 78.09 fir ALONG A CLRVE TO 71-E VNG A RADIUS OF 50.00 Itti AM A 040RD SEARING OF 685'44'46'= TO 11-E POINT OF BEGINNING, 89496 SQUARE FEET OR 0.0205 ACRES, MORE OR I FRS, 31,221 (.7 OF TI -E SOU I-EA.ST OUARTE2 (SBI4) OF TI -E SOUf1-EAST ODU4RT62 (SEI/4) OF SECTION 36 TOWNSHP 17 / RANGE 29 WEST, CITY OF FAYETTEV0.IE WASHINGTON COUNTY, ARKANSAS. AM BEING MORE PARTICULARLY IB® ASI Ii MMENCNG AT TI -E SOUTHWEST CORNER OF PARC(ia 765-21241-200 AS DESCRIBED N WASHNGTON COUNTY W ` •'A4NIY DEED BOOK 2006, PAGE 19151, THENCE N00'02'58W 116.63 FEET, THENCE N89'57'54W 12.29 FEET TO P • OF BEGNNNG, THENCE 76.23 FEET ALONG A CURVE TO TFE RIGHT HAVING A RADIUS OF 5050 FEET D= 1 A ANGLE OF 78'30'44-, AM A CHORD BARING OF 584'5517W' 1FBNCE 14.24 1-t r ALONG A CURVE 0 TI -E = 1-IAVING A RADIUS OF 29.93 ft= 1, A DELTA ANGLE OF 2700'40'. AND A CHORD BEARNG OF '44'W 14.11 THENCE 68743'O6E 76.27 FEET TO TFE. PONT OF BEGNNNG, CONrANNG 894.28 SQUARE OR 0.0205 ACRE MORE OR I PSS. EX DI-T-A:___RIGHT_OFAIVA DESCRIPTIOfThpARCEL a 765-22030-000 DESCRIPTION 21 PARCEL u 765-22010-000 CATION 0 60 120 SCALE I I" - 60 FEET See - 2007 PlannOig-COmmission VAC 07-2705 Driver SD Agenda Item 2 Page 3 of 16 'FROM FREELAND KAUFFMAN & FREDEEN FAX N0. :479-621-0602 DATE: FOR RIGHT -OT- WAY, ALLEY, AND • UTILITY EASEMENT VACATIONS P q. 03 2007 02:57PM P2 UTILITY COMPANY: fit a .f F43a.ficohItej lijarA 4 Strtff 4 APFLICANTNAMEt .,�� � _ APPLTCAN`("PHONE: 070 1st -2771 REQUESTED VACATION`] t Mi h `'m tst check alt that apply): Utility Easement -- Right-of-way fm alley or streets and all utility casements located within the vacated right- of way. Alley s/ Street right-of-way I have been notified of the petition to vacate the following (alley, eascinent right-af--way), described as follows: General location / Address (referring to attached document- must be completed**) ** 5 EXI,:61t A (ATTACH legal description and graphic representation of what is being vacated -SURVEY') UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions arc met: c,1\ vJak .a Seams sen &vvks Signature of Utility Company Representative okury S-e-to.s14.,.-- DPS . t �1� �� : . Title Fithrtrary 20aeteptember 10, 2007 Fait anning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 4 of 16 \ug 09 07 02:06p Alex Constien DATE: (14x&'9 47P-251-7751 p.2 FOR NICHT- OP- WAY, ALLEY, AND IflTL1TY Em'EMENT VACknot UTILITY COMPANY: APPLICANT NAME 4r REQUESTED VACATION nt alas, . A1'i'LTGNTFHOFIE �+aIYJ� �4 Upi 7 ty Enemy Right -at w4y far alley or sires and alt oat/ enema located within the vacated lights of: way. Allay Nee Streetright/eFway 1 have hue notified at the petition to vacate the toliawlns (a/ley, easement rt hr Cameral lecatiaa /Address (re ar is lo ° • deearbed u follows: •. g atlochcJdaNnt- nen hosappleted*•) i77.ACAImaldescription r i ieatoresrnarnau ofrebarie betas tnaeaud l'URYEyj TY COMPANY NIS`: No atjecdoas lo On vaeatioo(a) described ehavt. Na objections to the vacatroa(aj domed (Stfowtioa, d+aKoaioac sad Pura=belaR Sham idadfolioafad6 gybed eateanota am rrtained. • 1, No objections provided the following caodiQorw are met CA& ftywirea-t45-- rabnia,2006x Page! September 10, 2007 Planning Comqi�nission VAC 07-2705 Dri r SD Agenda It m 2 Page 5 of 16 AUG -01-2007 WED 11:53 AM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: `t ' , UTILITY COMPANY: tre ph, ✓ feekr e P. 02 APPLICANT NAME: Naga pip;,i„ APPLICANT PHONE: OFI1) Vi REQUESTED VACATION (applicant most cheek &UMW apply): 251' Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of -way, Alley ✓ Street right-of-way I have been notified of the petition to vacate the following (alley, easetaeni rani va 9L described as follows: General Location / Address (referring to attached document- must be completed") MW EM t A (ATTACfllegal dese dpdan awl graphic rapresealallan of whai is being vacaicikit/AJVGY) U f1ir TY COMPANY COMMENTS; a(/ No objections to the vacatiea(s) described above, - No objections to the vacation(s) described above, provided following described easements are retained. (State the localian, dimensions, and purpose below,) No objections provided the following conditions ere and Signature of Utility Catttpany Representative Le (tr.r� rec-L Title September 10, 2007 Planning Commission Fani��,C 07-2705 Driver SD Agenda Item 2 Page 6 of 16 8- 1-07; 3:17PM;AWG Dispatch Fay. AR FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS ;4795828258 DATE: - 1-6 -1 UTILITY COMPANY: hrk nsa5 1n/,•s rt..9S.es Covnpa„� APPLICANT NAME: Mica- Dr.� a APPLICANT PHONE: <TM) ?7`/[ REQUESTED VACATION (applicant nest check all that apply): Utility Easement Right-of-way for alley or streets and aft utility easements located within the vacated right- of way. Alley see Street right-of-way I have been notified of the petition to vacate the following (alley, easement. y), described as follows: General location / Address (referring to attached document- must be completed**) E7ti..Wt A (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: — �No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: r /.:e eofUtility . „any •r, • entative Title F6ff4r�r 6 4 2/ 4 February,"September 10, 2007 planning Commission Pag'9AC 07-2705 Driver SD Agenda Item 2 Page 7 of 16 08/02/2007 09:47 4798720)74 DATE: 7 COX CONSTRUCTIP"' FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: . Cox Gaaew..wue sis.nS PAGE 02/02 APPLICANT NAME: N{Ibs. by;n& ,/ APPLICANT PRONE: (_S14)'z4(—T 71 REQUESTED VACATION (applicant mast check nil shat apply): Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of. way. Alley "+" Street right-of-way I have been notified of the petition to vacate tho following (alley, easement, r(ghs-of-ttury), dasoribed as follows: General Iaentlon / Address (referring to 'attached document must be completed*') n Ste. awn A (ATTACK legal description gitjgraphk representation of what is being encaterf-SURPITI2 UTILITY COMPANY COMMENTS: - Ne objections to the vacation(s) described above. X. No objections to the vncation(s) described above, pmvided following described easements ay! retained. (State the location, dimensions, and purpose below,) No objections pmvided the following condidons are met iSjgfature of Utility Compet(y Representative Title September 10, 2007 FeensayzryMFlanning Commission P,$I(y.0 07-2705 Driver SD Agenda Item 2 Page 8 of 16 Aug. 3. 200] 9:31AM DATE: FOR RIGHT- OF- WAY, ALLEY, ANL) UTILITY EASED/ ENT VACATIONS UTH.ITY COMPANY: No. 3331 P. 1 APPLICANT NAME: REQUESTED VACAT] ON(applicant mnstcheck al p thatd ,• APPLICANT PHQNE; Lt(2y� �5� �77r OM: Utility Easement '• Right-of-way for alley or streets and all utility easements located within the vacated tight- of- way. Ailey ✓ Street right-of-way 1 have been notified of the petitionto vacate the following (WkR easement ri t -ny codescribed as follows: General Mention / Address (bcfeninn to attached document,. must be completed") (ATiACE legal description and graphic representation o/wbat is being vac ted,SIIRYEZJ UTILITY COMPANY COMMENTS; No objections to the vacation(s) described above. No objections to the vacatioo(s) described above, prodded following desenTted easements am retained. (State the locations dimensions, and purpose below.) No objection provided the lbliowing conditions ara met; Signaof[Itility Compcoy Representative :beer Tide la - February MI6 Pairs September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 9 of 16 FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: Q O- o 3. On UTILITY COMPANY: 5 WLT APPLICANT NAME: M,�. vO REQUESTED VACATION (applicant must die.* all that apply): Utility Easement Right-of-way for alley or streets and all -.tilty easements located within the vacated right- of- way. Alley / Street right-of-way 1 have been notified of the petition to vacate the knowing (alley, easemeataof-wav), described as follows: General location / Address (referring to attacher. document- must be completed**) <. Ste- 6x1,.14 -t- A APPLICANT PHONE: CCM) "AS Vert I (ATTACRlegat description and graphic representation of ivbaa is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements arc retained. (State the location, dimensions, and purpose below.) TKAt No objections lPnartopa o rg t4; (GRT met: W Poi) -Da CvAOno IS To 3EC ng tPnRT n F LAT It 1TY En SEmEPJT ig' na Company Representative MAUI :- ENGWeQ 42 (k\ Title L d Z6LLSZ1,981? -ON/6[:£[ '.LS/OL'£[ Li() .E 33 (1133) Fehraary2006 Page 5 September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Pagwasof 16 08/03/2007 FRI 9:50 FAX 479 444 3478 COF SOLID WASTE & RECYCL FROM :FREELAND KAUFFMAN & FREDF-`t FAX hal. :479.621-0602 DATI FOR RIGHT- OF• WAY, ALI.EY, AND 1Pi'I1ATY EASEMENT VACATIONS 3 -3`i ?us. 02 2007 12:5GPM aP2 02/004 UTILITY COMPANY: is* APPLICANTNAME: M&4.7Dpvery AnPI3CANPPHHONE: C4'19) ]SEMI REQUESTED VACATION Capp/scant crust chock all Mai apply): Utility Easement Right-of-way fur alley or streets and all utility easements located within the vacated right- of- way. Alley ✓ Street right-of-way I have been notified of the petition to vacate the following (alley, easement, rlght•ofway), described as follows: General location ( Address (referring to attached document- mast be completed**) z. Sae J~i4C ii A (ATTACH legal description ane1graphic repserentation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following Conditions are ntet Signature of Utility Compartyltepresentative Title Pahrya72006 Paye 5 September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 11 of 16 Rug 01 07 10:09p Eric Date Address/ location of vacation: debt -of -way mound old cul-de-sac on E Township Street ale 479-44-..-8108 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS Adjacent property address: Eric D. & Rochelle R Sale 37S5 Township Street. Fayetteville. AR 72703 Lot 150. Covington Subdivision. Phase 4 REQUESTED VACATION: 1 have been notified ofthe request to vacate the following right-of-way, described as follows: PART OF THE SOUTHEAST QUARTER OF TEESOUTREASTQUARTER OFSECTION34 TOWNSHIP I7NORTH RANGE 29 IPES9; CITY OFFAYETTEPILL,C WASHINGTON COUNTY, ARA'ANSAE AND BEING MORE PAR77CUL4RLYDESCRIBED AS FOLLOIYS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL NUMBER 765.2I241200AS DESCRIBED Re WASHINGTON COUNTY WARRANTY DEED BOOK 2004, PAGE 191St THENCE N00°02 5814P11463 FEET; THENCE N89°57541Y1229 FEET TO THE POINT OFREGINNING: THENCE 76.23 FEETALONGA CURVE TO THERIGHTHAPINGA RADIUS OF 40.517 FEET ANDA CHORD REARING AND DISTANCE OF384,57217169.20 FEET; THENCE I414FEET ALONG A CURTE TO THE LEFT HAPRNGA RADIUS 0E29.93 FEET ANDA CHORD REARING AND DISTANCE N64°25 441Y14.11 FEET; THENCE N89°58'_>4E8I.65 FEET TO THE POINT OFREGRVNING CONTAINING 894.28 S.F. OR 0.0205 ACRE£ MORE OR LESS ADJACENT PROPERTY OWNERS COMMEMB: 1 have been notified of the requested vocation and I decline comment I do not object to the vncution described above I do object to the requested vacation because Applicant Name Mlle Driver SDSI Devdoners, LLC p.2 September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 12 of 16 Aug 06 07 08:18a Alex Constien 479-251-7751 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RICHT-OF-WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: S - Z ° 47 Address! location of vacation: right-of-wav aroand old cul-de-sac on E. Township Street Adjacent property address: Michael and Madelyn Davis 251614. Kittery Lane. Fayetteville, AR 72701 Lot 170. Covington Subdivision, Phase 4 - REQUESTED REQUESTED VACATION: [ have been notified of the request to vacate the following right-of-way, described as follows: PART OP DIE SOUTHEAST QUARTER OF THE SOUIHEASTOU4RTER OFSEC27ON 31, TOWNSHIP 17NORTIL RANGE 29 frEST, CITY OF FAYETTEVILLE IlitSIIINGTOWCOUNTY, ARID?NSAS,,AND BEING MORE PARTICULAELY DESCRIBED AS FOLLOWS:: COMMENCING AT THE SOUTHWEST CORNER OFPARCEL NUMBER 765-21141-200 AS DESCRIBED IN WASHINGTON COUNTY WARRANTY DEED BOOK 2006, PAGE 19151, THENCE N00`02 '58"W 183.63 FEET; THENCE N89°57'54 "Jr 1227 FEET TOME PQThT OF BEGINNING; THENCE N89°57 5I "Ir 80127 FEET: THENCE 17 24 FEETALONDA CURVE TO THE LEFT HAVING RADIUS OF 2643 FEET ANDA CHORD BEARING AND DISTANCE OFN62°22'05'E ILS FELT.' THENCE 70.39 FEET ALONG A CURVE 7O THE RIGHT HAVING RADIUS OF51100 FEET AND A CHORD BEARING AND DISMINCE 885°44'46'E 70.39 FEET 10771E POINT OFBEGDINING, CONTAINING 894.96SQUAREFEET OR 0.0205 ACRES. MORE OR LESS ADJACENT PROPERTY OWNERS COMMENTS: 1 have been notified of the requested vacation and 1 decline comment 1 do ,w! objea to the vacation described above. 1 do object to the requested vacation because: Mit/44 Oc k - fidttae1t71,+ P411tf Name of jtdjaceat Property Owner , 'ted) �ry1 Signaturejaf Adjacent Property Owner Applicant Name: Milce [river_ SDSJ Developers. LLC p.8 September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 13 of 16 VAC07-2705 Close Up View DRIVER S/D Overview rft IS; — 0 37.5 75 150 225 300 Feet September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 age 14 of 16 Overview Legend Subject Property ® VAC07-2705 Boundary 1ti.,.. Planning Area oo' Overlay District 000. Outside City 0 0.25 0.5 Legend la Hillside -Hilltop Overlay District 1 M iles September 10, 20C Planning Commissic VAC 07-2705 Driver S 2 Page 15 of 16 September 10, 2007 Planning Commission VAC 07-2705 Driver SD Agenda Item 2 Page 16 of 16 PC Meeting of September 10, 2007 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: September 4, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2706: VACATION (HAMMONS, 215): Submitted by STITT ENERGY SYSTEMS, INC. for property located at 30 N. GREENBRIAR DRIVE. The property is zoned RMF -24, MULTI FAMILY - 24 UNITS/ACRE and contains approximately 0.14 acres. The request is to vacate a portion of a utility easement on the subject property. Planner: Jesse Fulcher Findings: Background/Property: The subject property is located at 30 N. Greenbriar Drive, which is identified as Lot 17 of the Greenbriar Addition. There is a 25' general utility easement along the rear (east) property line. The applicant would like to construct a sunroom on the back of their house. The sunroom would encroach approximately 12' into the easement and rear building setback. Utility representatives have no objections to the requested vacation. Request: The request is to vacate 288 square feet of the existing utility easement. 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. AEP/SWEPCO No Objections. SBC Southwestern Bell/AT&T No Objections. Arkansas Western Gas No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. K:\Reports\2007\PC Reports\09-10-07\VAC 07-2706 (Hammon at Greenbriar Dr).DOC September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 1 of 20 Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Recommendation: Staff recommends approval of the proposed utility easement vacation 07-2706 with the following condition: 1. Relocation of any existing utilities shall be at the owner/developer's expense. 2. A variance shall be obtained by the Fayetteville Board of Adjustment to allow for the approximately 12' encroachment into the rear building setback. Planning Commission Action: ❑ Denied ❑ Tabled ❑ Forwarded to C.C. Motion: Second: Vote: Meeting Date: September 10 2007 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 CITY COUNCIL ACTION: Required ❑ Denied ❑ Tabled ❑ Approved Meeting Date: October 2, 2007 K:\Reports\2007\PC Reports\09-10-07\VAC 07-2706(Hammons at Greenbriar Dr).DOC September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 2 of 20 PETITION TO VACATE AN E ASBMEUT FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council LOCATED IN Ci REEIJS21fiR , CITY OF Reln5ED MDp Ln -r 11 a- Pr Lor 18 We. the undersigned. being all the owners of the real estate abutting the (allevjasemetiDright-of-way) hereinafter sought to be abandoned and vacated. lying in (lot, block, subdivision). City of Fayetteville. Arkansas, a municipal corporation. petition to vacate a(n) (alley, (fit•right-of-way) tyhich is described as follows: (Legal Description of area to be vacated) That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining lot to the area requested to be vacated) 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 fee from the easements of the public for the use of said alley. Dated this day of_ 200 _ `iYIA �. �Rnibs- HAmmoQs Printed me Signature bIAIJE 14Awtnit tpJS Printed Name ca-tnr Q._) SNV�Sv�A � Signature February 2006 Pag6ptember 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 3 of 20 I cn irc ;o< m {r- { !0m Oz zN -i� o w 0 CO -15 M0 mz 73 O - m z _V D z 0 D D O oum 0 z ou eu 5 0O -11 ri m A c z a (13N O 4i rn (M/J .9Z - BAR30 31VAIt3d) 3A IJ0 JV I239N3323`J N 3' N 01'27'47" 44.68' O 24.9' 28.9' z 0 ID w - z I- N moo 2 �'' m10 co X �4. 0 0O �1D m o m m. 4lm 0 co v *Ir rn m \ SID J ,n 1 16 1 a ,L'Z£ 31VA VO\ 8 Ol V321 • .IY.KDp 5 HO!Od r Om - t7 Z.4 A z m z ,00 SS ,Z0'09 M „Z17,90.00 S m/s 24' .£'OZ -13 D 0O r.0, O co 0r In m 0 0 N23 Co+� o ri I 0 0 0 go 0 z3 17 r F mZ 0 z o 0 O t7 m co D m -I p D D O A m 0 w m m O Z September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Page 4 of 20 M „9S,09.68 N N 0 0 Pz &sz ON'\N 031 V D./VA\�../ `N N \H8 01 V3aIV ON n\ \\ ,00'b\\\\rn M „ lb,b£.00 S 173 N ,00 99 ,30.09 M „317$C ,ZO'S M „Zb,80.00 S N 00° W N 00°34'41" E V O S 00 Om v0 Z m .7C CO rn 08'42" W OD CO ° 01 Ui W 24.00' S 00°34'41" W 5.02' 24.00' 3 ,,E9SZo69 S September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 5 of 20 2007 NAMGREEN BUILDING 42* AWARD WINNER Model Green Home Building Guidelines Home of the Year 2006 & 2007 Best Green Home of the Year Kansas City Homes and Gardens Magazine HOUSING AWARD inner a Winner of 15 EnergyValue Housing Awards 1996 - 2006 EnergyValue Builder of the Year 1999 EnergyValue People's Choice Award 2006 South Sun Estates on the Lake An enagy planned ander canna ity ENERGY STAR PARTNER I HSA Since 1978. STI'TT ENERGY SYSTEMS, INC. STITT Homes© July 25, 2007 The Fayetteville City Planning Commission and The Fayetteville City Council 310 W. Mountain Fayetteville, AR 72701 RE: Easement Vacate Dear Commissioners and Council Members; Stitt Energy Systems has been contracted by Mr. and Mrs. Jim Hammons to build a sunroom addition to their home located at 30 N. Greenbriar Drive, Fayetteville, AR 72703. This addition will be on the back of their existing single family dwelling on the East side and will encroach the utility easement by 11'-0". Please consider this letter written description of the vacate request. Danny Hall Project Manager JUN -20-2007 WED 11:01 AM 66/29/2997 11:56 4796362u/2 STITT ENERGY SYSTEN�•*.'l FOR RIGHT -OF- WAY, ALLEY,AND UTILITY EASEMENT VACATIONS DATE: June 20, 2007 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Jamas 0. Hormone REQUESTED VACATION (applicant must check jQ that apply): P. 02 PAGE 92 APPLICANT PHONE; 442-3964 Ilhy Easemen Right•or-way Ibr alley or streets and all udlky easements located within the vacated right- of= way, Alley Str'tet right -or -way I have been notified of the petition to vacate the following (anevQastntenn righl•ojnwv). described as follows; General Location / Address (referring to attached document. must be completed") " in N Rr.rnhrirr pr,,. P'tnn.}Ps,ri e.. AR 12703-3411 (ATTACH legal dasr'riptlnn mut graphic. repi.nwrtarlon of what Is herr; vac ared-SfIRVEY) UTILITY COMPANY COMMENTS: No objections to the vacntlon(s) described shove. No objecliona to the vacntion(s) describud above, provided following dt`scHbod easements are retained. (State the location, dimensions. and purpose below.) No objections provided the following conditionsare met: $Ijii urd8fUtilityCompany Rcprescdtotivo Jea9 CAWt Mc Dech Title ' r February 2006 Page 5 September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 7 of 20 06/27/2007 16:43 47987201" DATE: June 20, 2007 COX CONSTRUCTION:-' PAGE 03/03 FOR RICHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: Cox Ccu munications APPLICANT NAME: James O. HarrmOns APPLICANT PHONE) 442-3964 REQUESTED VACA'T'ION (applicant moat check all that apply): Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right- o =way. Alley Street right -of wap I have been notified ol'the petition to vacate the lot lowing (nli right-of-way). described :is follows: General location 1 Address (referring to attached document- must be completed*") 1 t. --ia 4. 4: 4 (ATTACH legal description and graphic representation of what is being vaeated-SUR k'tY) UTILITY COMPANY COMMEN'T'S: No objections to the vacation(s) described above. No objections to the vacation(s) described above. provided following described easements a -e retained. (State the location; dimensions. and purpose below.) No objections provided the following conditions are met: 114 Signature of Utility Company Representative Surae t.r' Title February 2006 Page 5 September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 8 of 20 =Jul. 12. 2007 1:57PM FOR RICHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATION$ DATE: June 20, 2007 UTILITY COMPANY: SWEPt'A APPLICANTNAME: Janes O. Hatmtons REQUESTED VACATION (applicant must check all that apply): APPLICANT PHONE: No, 3167 P. 2 442-3964 - (= ility Easeman - Right-of-way for alley or streets and all wilily casements located within the vacated right -of say. Alley - Street right-of-way I have been notified of the petition to vacate the tollowina (alleV(asemer right -of -tray). described as follows: General location / Address (referring to attached document- must be completed**) " i0 N rrEenl-hrinr Dr.. Fayettevi]]e. AR 72703-34U. (.4 TTACH legal description tad graphic representation of what it being vacated -SURVEY) UTILITY COMPANY COMMENTS; A 5hswsi an/ 4-07,04tgvwb' No objections too tt{� v acation(s) described above. ^• No objections to the vacation(s) described above, provided following described easements are retained. (State the location. dim. rasions. and purpose below.) • No objections provided the, following conditions are met: nature of Utility Spam; Representative Title Pebneuy7006 Page 5 September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 9 of 20 501 373 0229 at&t July 27, 2007 Stitt Energy Systems, Inc. Attn: Danny Hall 1301 South 8th St. Rogers, AR 72756 Lynda Palmer Manager -Engineering (ROW) Might -of -Way & Joint Use Poles 02- �' 0 p.m. 07-27-2007 1 13 AT&T Arkansas 1111 West Capitol Roam 941 Little Rock AR 72201 Dear Mr. Hall RE: Easement vacation - James 0. Hammons, client - Fayetteville, AR Please find enclosed AT&T's concurrence in your request to the above mentioned vacation. T: 501 373.5255 E, 501.373.0229 lynda.palmer@att.com 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 September 10, 2007 Planning Commission VAC 07-2706 Hammons/Greenbriar Agenda Item 3 Page 10 of 20