Loading...
HomeMy WebLinkAbout2007-08-27 - Agendas - FinalTayelteyi;le 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, August 27, 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 rye'Ficylle TENTATIVE AGENDA 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 AGENDA FOR A MEETING OF THE PLANNING COMMISSION Monday, August 27, 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 13, 2007 Planning Commission meeting. 2. VAC 07-2688: (WALGREENS @ 6TH & ONE MILE RD., 558): Submitted by SPRINGFIELD HOLDING GROUP, LLC for property located at NE CORNER OF HWY 62W AND ONE MILE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.97 acres. The request is to vacate a utility easement on the subject property. Planner: Jesse Fulcher 3. ADM 07-2724: Administrative Item (LOFTS AT UNDERWOOD DRIVEWAY WAIVER, 483): Submitted by ROBERT SHARP ARCHITECT, INC. for property located AT 607 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.40 acres. The request is for a waiver of the minimum curb radius for a commercial driveway for the entrance into the Lofts at Underwood Plaza parking garage on Powerhouse Avenue, from 25 ft to 20 ft and 14 ft. Planner: Andrew Garner Old Business: 4. 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 STAFF RECOMMENDS THIS ITEM BE TABLED TO THE SEPTEMBER 10, 2007 MEETING SUBJECT TO THE APPLICANT PROVIDING INFORMATION REQUESTED BY THE PLANNING COMMISSION BY THE REVISION DEADLINE. New Business: 5. 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 Gamer PURSUANT TO THE REQUEST FROM THE APPLICANT, STAFF RECOMMENDS THIS ITEM BE TABLED TO SEPTEMBER 10, SUBJECT TO THE APPLICANT PROVIDING THE REQUESTED INFORMATION BY THE REVISION DEADLINE. THE ITEM WILL BE PLACED ON NEW BUSINESS ON THE NEXT AGENDA. 6. CUP 07-2690: Conditional Use Permit (VERIZON TOWER CROSSOVER, 372): Submitted by WOODEN, FULTON & SCARBOROUGH, P.0 for property located at 1826 N. CROSSOVER ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 4.70 acres. The request is to build a 70'cellular tower on the subject property. Planner: Jesse Fulcher PURSUANT TO THE REQUEST FROM THE APPLICANT, STAFF RECOMMENDS THIS ITEM BE TABLED TO SEPTEMBER 10, SUBJECT TO THE APPLICANT PROVIDING THE REQUESTED INFORMATION BY THE REVISION DEADLINE. THE ITEM WILL BE PLACED ON NEW BUSINESS ON THE NEXT AGENDA. 7. RZN 07-2691: Rezoning (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 R- 0, Residential Office. Planner: Andrew Garner THE APPLICANT HAS REOUESTED THIS ITEM BE TABLED TO SEPT. 10, IN ORDER TO AMEND THE REZONING REQUEST TO C-1, NEIGHBORHOOD COMMERCIAL. 8. ADM 07-2714: Administrative Item (GREEN BUILDING POLICY): The request is to forward the proposed Green Building Policy with a recommendation for approval to the City Council. John Coleman 9. PPL 07-2679: Preliminary Plat (TOWNSHIP HEIGHTS, 291): Submitted by 112 ENGINEERING, INC. for property located at 1140 TOWNSHIP STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 5.57 acres. The request is for 21 single family lots. Planner: Jesse Fulcher 10. CUP 07-2689: Conditional Use Permit (SMITH 2 -WAY ARMSTRONG ROAD, 682): Submitted by SMITH 2 -WAY RADIO for property located at SW CORNER OF ARMSTRONG AVENUE AND BORICK DRIVE. The property is zoned I-2, GENERAL INDUSTRIAL and contains approximately 10.44 acres. The request is for a 150' cellular tower on the subject property. Planner: Jesse Fulcher 11. R-PZD 07-2649: Residential Planned Zoning District (COLLEGE AVENUE TOWNHOMES, 291): Submitted by BATES & ASSOCIATES for property located SE OF COLLEGE AVENUE AND GOLDEN EAGLE DRIVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and R -O, RESIDENTIAL OFFICE and contains approximately 2.34 acres. The request is for re -zoning, land use and development approval of an R-PZD, Residential Planned Zoning District with 5 buildings of 4 attached units for a total of 20 dwelling units and associated parking. Planner: Jesse Fulcher 12. R-PZD 07-2680: Residential Planned Zoning District (ARCADIAN COURT, 365): Submitted by DAVE JORGENSEN for property located at 1631 W. DEANE STREET. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.91 acres. The request is for Zoning and Land Use approval only for a Residential Planned Zoning District with 11 single family units. 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. ayeU: e PC Meeting of August 27, 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: August 21, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 07-2688: (WALGREENS @ 6TH & ONE MILE RD., 558): Submitted by SPRINGFIELD HOLDING GROUP, LLC for property located at NE CORNER OF HWY 62W AND ONE MILE ROAD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.97 acres. The request is to vacate a utility easement on the subject property. Planner: JESSE FULCHER Findings: Property Description: The subject property is located at the northeast corner of One Mile Road and 6th Street. The Planning Commission approved a large scale development for Walgreens on August 13, 2007. As a condition of approval, the applicants are required to vacate the subject utility easement so as to increase the percentage of preserved canopy on the property. Denial of the easement vacation will require the applicants to request a major modification to the approved large scale development. Request: The applicant requests vacating a 15' utility easement to allow the existing canopy located within said easement to count as preserved canopy for purposes of the approved large scale development. 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 Objections. Cox Communications No Objections. Southwestern Electric Power Company No objections. Arkansas Western Gas No Objections. The existing utility K:\Reports\2007\PC Reports \08-27-07\VAC 07-2688 (Walgreens_One Mile Road).doc August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 1 of 18 easements along the south and west property lines shall remain. Southwestern Bell Telephone No Objections. CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Transportation No Objections. Solid Waste No Objections. Engineering No Objections. Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding (VAC 07-2688) to the City Council with a recommendation for approval with the following conditions. Conditions of Approval: 1. The proposed easement vacation shall apply to the 15' utility easement only. All other existing easements shall remain in force. 2. Any relocation of existing utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: ❑ Forwarded ❑ Denied ❑ Tabled Date: August 27, 2007 Motion: Second: Vote: Comments: K:\Reports\2007\PC Reports\08-27-07\VAC 07-2688 (Walgrecns_One Mile Road).doc August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 2 of 18 Petition To Vacate Easement Petition to Vacate an easement located near the northeast corner of Sixth Street and One Mile Road, City of Fayetteville, Arkansas. To: The Fayetteville City Planning. Commission and The Fayetteville City Council We, the undersigned, being the authorized representative of the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in part of the SWY4 of the NE % of 19- 16-30 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: (See attached Exhibit) That the easement has never been used for any public purpose and that the public interest and welfare would not be adversely affected by the abandonment and vacation of the easement, and that the abandonment and vacation of the easement will assist in protection and preservation of mature hardwoods. The petitioners ask that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate vesting all rights to the fee owner of the real estate. WHEREFORE, the undersigned petitioners respectfully ask that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that as to that particular land, the owners be free from the easements of the public for the use of said land. Dated this 15th day of June, 2007 Jeff Nicholas, Springfield Holdings Group, LLC August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 3 of 18 5 0 o E a .c V e_ cc t3 ca x c ZN("1 ▪ G G O O q o,o,„ 25 < Baa E > 6 z m+r+� rt. Na. G9(.�. Ell I1 II II1 I S RAY PER, CITY 1(_ OF FAYEntMUE .,_.�J DEED 1031-534 NW CORNER SW/4-NE/4 19-16-30 7. - PER PLATS 13R3-153, 2004-24333 6: 2005-1 071 s 8977'35" E 120.52' EXHIBIT A LINE TABLE NUMBER BEARING : DISTANCE LI S 8705:00" E 11.60` L2 S 7306'12" W 15,a L3 }4. 0255'00" E 15.O0' SED42004--M99 IW.D./ 2004-00 \\ 5SEIEruc Esr, DEED 1094545 I 15' 1111LITY ESMT. DEED 1031-535: tiss P.O.B. 58705'0? E 13508' , N 8705'08' W123.69' 15 ESMT TO BE VACATED tri AS AS SHOWN ON PLAT BY DON KEMP DATED 4/28/84 1,9 ACRES +7— P T 2006-18071 30' SEWER fSMT.. 0EE0.1030=235 20' AWG ES11. DEED 555-69 AND 89 1 5"fritA 5%6S) p1/41 Yej 05. 30' 8/14 PER CITY. OF'FAYETTEyl1E: DEED 851-100 Y 60 30 0 60 BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM THIS IS NOT A PLAT Crofton Tull Sparks 901}4;47" Street Suite 200` Rowerr,AR 72756 479434.4836 FAX:479.631.6224 3wiw.arafonlul0porks.com architectu,re 1 engineering August 27, 2007 © 20070 vac o 2 Tully8 Sports 8,1 kte peMile li d Pyeuua nern 2 Page of 18 DESCRIPTION: EASEMENT TO BE VACATED AN EXISTING EASEMENT LOCATED OVER A PORTION OF THE NORTH AND EAST SIDES OF A TRACT OF LAND AS DESCRIBED ON AN ALTA/ACSM LAND TITLE SURVEY PLAT AS RECORDED IN CIRCUIT CLERKS OFFICE FOR WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD 2006-18071, BEING A PART OF THE SW 1/4 OF THE NE 1/4 OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM A FOUND IRON PIN ON THE EAST SIDE OF ONE MILE ROAD AS SHOWN ON PLAT RECORDS 2004-24333 AND DR3-153, THAT IS S02°15'33"W 1312.88 FEET FROM THE ALUMINUM MONUMENT MARKING THE NORTH QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF PLAT RECORD 2006-18071, S86°17'35"E 120.52 FEET; THENCE CONTINUING ALONG SAID NORTH LINE S87°05100"E 11.60 FEET TO THE PONT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE S87°05430"E 135,00 FEET TO THE NORTHEAST CORNER OF PLAT RECORD 2006-18071, THENCE ALONG THE EAST LINE THEREOF S13°02'49"E 12940 FEET, THENCE LEAVING SAID EAST LINE 573°06'12"W 15.03 FEET; THENCE N13°02'49"W 119,10 FEET; THENCEN87°05`00'W 123.69 FEET; THENCE NO2°55100"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 3804,0 SQUARE FEET OR 0 09 ACRES, MORE OR LESS. G1077021-00/SUR/DESWESMT TO BE VACATED.doe August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 5 of 18 JUN -20-2007 WED 07:38 AM P. 02 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: to - Z a ` 47 UTILITY COMPANY: o.aitbe.ics g rine t APPLICANT NAME:C� .-.. E4�n) t tt (L SQa (KS1PLICANT PHONE: REQUESTED V ACAT) O (applicaant must check awl that app! ): Utility Easement vv Right-of-way Or alley or streets and all utility easements located within die vacated right- of- way. - Alley - Street right-of-way I have been notified of the petition to vacate the following (alley. easement, right -of --way), described as follows; General location / Address (referring to attached document- must be completed") ** N Garres) er oar JMv9 (02 a,.Id o &r ni i l� (Zocp4 (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ONo objections to the vacation(s) described above. • No objections to Ma vacations) described above, provided following described easements are retained. (State the Location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signore 3.• Utility nipany Representative Lead 5411.11Cino Tech Title February 2006 Pap 3 August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 6 of 18 OS/21/2007 13:26 479872L_.-4 DATE: 675 -so + COX CONSTRNCTIOI. PAGE 02/02 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS u-nr.rTY COMPANY: 44 td3%rte /C it p o �,Q APPLICANT NAMEJAf{ i` 5 -9,41/ %ref /G/4JAPPLICANT PHON1 REQUESTED VACATION (applicant must check I that 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 the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** Al t e o1-7 ft &J Z% ,of fbo/Z 3ti- csit6 7 (ATTACH legal description and graphic representation of what is being vacated ,:PURVEY) 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: 11r !eAl Signature o tility Company Representative -S vitt<ci Title V/ Februmy 200dgust 27, 2007 Placing Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 7 of 18 a Jul. i4. 2007 4:54Ald Trans BOW ? a k. 0471 '. 2 lio.3033 P. 1 Jun. 21. 2007 l :10PM 'UTILITY APYR(.QVAL FORM FOR /MOT- DE -WAY, SILLY, AND UTILITY IASHMEAT VACATIONS DATE: 6-1s--��. unrin compANY: 61`°60 AP9JCANfNAD4E> r /7/f evPIICA}Tf PHONE Jea-23 LCJE�T RE'QUESIEb VACATION (cppfiFmrr matt cheek dim apply}, UatiryLnv:moo ✓ Te‘[—of—way for alley or streets and hi] Ulitt easeaienbincyred nirbw Ire vu.-sv.A »B6x- way. Allay Street sigie say 1 Waban adified oftbc'Addeo no vomits ebb fatlautie(dict', eaai., hfof'woy), &sorbedasfollows: Cess 1.tocadon/Address(referring to attached docilmeoo-Lima bc eawy]ca.d' aft ill 0 L!@ 1144,1 (177.9 CS regal desrripSsr and graphic repro Timis£ "PAD: is baht, ngro(t4-SU$ Zi'J UTILITY CDb1PANY CO7OCN S: _ 133 objeeeiMiff w rhe ncatiogo) described abave� • No objmtimasw the saslloo(6) described above, provided fatloctine desen&xd easemeuas ma retched (Slate doe location, • las u,,., end purpose. below.) • • Noabjeotioas provided the folowiae condidaos are -mot: e1 -1L- D-1 Signature fflrolily ComporyRepro;®tadve mute Tide erstrevy2ASS r01 Po;e5 August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 8 of 18 UTII. 'It U'IiLII rE,AS :i,K,NT %ACX RM l! I ILf1Y COMPANY; AI'PL.ICAN1` NAME. REQUESTED VAC:Al`ION Alley street right-ol I have been notil General location / Add to tine of- way. ihcd as f4ollowr gal deser UI11.ITY COMPANY C'4?3v MENTS: No objections to th the location, dimen -acation( aj described above. acanGn s) dtsr gibed: above, provided following des s, .nod pii-pose-below) • tsare retained. (State e4mat • No objection provided -Ute fol Title ;f flrv` _fir'_ August 27,2007: nil t dam' '" Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY AND UTILITY EASEMENT VACATIONS DATE: 07/17/07 UTILITY COMPANY: Southwestern Bell Telephone d.b,a. AT&T Arkansas REQUESTED VACATION: UTIL E MENT 1 have been notified of the petition to vacate the following right - Described as follows: Ali that part of an existing easement located over a portion of the north and east sides of a tract of land as described on an ALTA/ACSM Land Title Survey Plat as recorded to the Circuit Clerk's office for Washington County, Arkansas, at Plat Record 2006-18071, being part of the SW ¼ of the NE S'4 of Section 19, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, and being more particularly described as follows: Commencing from a found iron pin on the east side of One Mile Road as shown on Plat Records 2004-24333 and DR3-153, that is 50215'33nW 1312.88 feet from the aluminum monument marking the north quarter corner of said Section 19; thence along the north line of Plat Record 2006.18071, 586'17'35"E 120,52 feet; thence continuing along said north line 587'05'00"E 11.60 feet to the Point of Beginning; thence continuing along said north line S87'05'00"E 135,00 feet to the northeast comer of Plat Record 2006-18071; thence along the east line thereof 513'02'49"E 129.40 feet; thence leaving said east line 573'06'12"W 15..03 feet; thence t413'02491'W 119.10 feet; thence r37405100"W 123.69 feet; thence NO2-55100nE 15.00 feet to the Point of Beginning, containirrg 3804.0 square feet or 0,09 acres, rnore or less. --lip UTILITY COMPANY COMMENTS: L. No objections to the vacation desaibed 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 Representative: a E. Sommerfeidt Pal er, Mgr. -ENG (ROW) August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 10 of 18 at& Py CONCURRENCE TO CLOSE A DEDICATED UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS that Southwestern Bell Telephone LP, a Texas limited partnership, d.b.a. AT&T Arkansas, hereby concurs in the vacation of a dedicated utility easement in Fayetteville, Washington County, Arkansas, described as follows: A11 that part of an existing easernent located over a portion of the north and east sides ofa tract of land as described on an ALTA/ACSM: Land Title Survey Plat as recorded in the Circuit Clerk's office for Washington County, Arkansas, at Plat Record 2006 18071,. being part of the SW ft of the NE'4 of Section 19, Township 16 North, Range 39 West, City ofjFayetteville', Washington County, Arkansas, and being more particularly described as follows: Commencing from a found iron pin on the east side of One Mile Road as shown an. Nat Records 2004-24333 and DR3153, that ds 502'15'33"W 1312.88 feetfrom the aluminummonument marking the north quarter comer: of said Section 19; thence along the north line of Plat Record 2006.18071, 586`17'35"E 120.52 feeft thence continuing.. along said north line 587`05'00"E 11.60 feet to the Point of Beginning; thence continuing along said north line 587'05'90"E 135:00 feet to the northeast corner of Plat Record 2006-18071; thence along the east line thereof 513.02'49"E 129:40 feet; thence leaving said east line 573'06'12"W 15.03 feet; thence N13'02'49"W 119.10 feet; thence 1487105'00"W 123.69feet; thence 1402'55'00"E 15.00 feet to the Point of Beginning, containing 3804.0 square feet or 0:09 acres, more or less: igned and executed this STATE OF ARKANSAS COUNTY OF PULASKI Dein Texa day of July, 2007. By an Davis Direr or-Engineering/Const naction CORPORATE ACKNOWLEDGMENT On this thew, day of July, 2007, before me, the undersigned authority, dulycommissioned and d in and for the state and county set forth above, personalty cameand appeared F. Jean Davts, who, after duty sworn, declared that he is the Director-Engineering/Construction. for Southwestern Belt Telephone LP a Limited partnership, d.b.a. AT&T Arkansas, and that he executed the foregoing instrument as the act and said company of his own free MU and fpr the purposesand considerations therein expressed and with due whereof !.hereunto: set my hand and offlciat seat. prepared by AT&T 1 1-373-5255) erfetdtPalmer : & for Faulkner Co-, AR rexpires August 10, 2011 VAC 07-2688 August 27, 2007 Planning Commission Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 11 of 18 DATE: UTILITY APPROVAL FORM FOR RIGIIT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS UTILITY COMPANY: 9'''S APPLICANT NAME: REQUESTED VACATION (applicant must check alt that apply): APPLICANT PHONE: Utility Easement — Right-of-way for alley or streets and alt utility easements located within the vacated right- of- way. Alley Street right-of-way 1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed") • tvE (4) l/� 7n,&- (ATTAC'!! legal description and graphic representation of what is being vacated-SURVEI9 UTILITY COMPANY COMMENTS: LJ 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.) �6 V .J-2c-t`t9. 5 • No objections provided the following conditions are met IWQL Signature of Utility Company Representative AL 4 S.a.t> . U leu I^ S Title %rsbuary 2006 Page 5 August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 12 of 18 o f `r4 omtg4cs UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 6-15-07 UTILITY COMPANY: Transportation Department APPLICANT NAME• Jeff Nicholas, Springfield Holdings Group, LLC APPLICANT PHONE:580-234-8687 REQUESTED VACATION (applicant must check all that apply): XX— Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) **NEC 6th and One Mile (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: eilo Ai Si: - . e of Utility ompany$epresenta 11 249 I l e op p,. --s -pt ebbripetconlaitt.4.46 576 872f7 August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 13 of 18 DATE: UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS 6 -lot -0-7 UTILITY COMPANY: SO 1. A LOas}e APPLICANT NAME: REQUESTED VACATION (applicant must check all that apply): Utility Easement APPLICANT PHONE: Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. - Alley - Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** AUnrt n eas-1- Cot -vier 0-r ( S&. Ovle 0/1; le Rd. (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 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: of Utility Compan epresenta five Title February 2006 Page 5 August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 -- - Page 14 of 18 Urban Forester Conditions of Approval: 63,41ii or. 4fpr ' a., (.52 oa -2433 (Wikr.l) ops.l A 13101- 12. Should the vacation of the existing utility easement along the north property line not be vacated by the City Council, the subject development shall be brought before the Planning Commission for approval of a major modification. The Urban Forester will make a recommendation based on the revised preservation percentage if the easement is not vacated. The easement vacation decision shall be final prior to issuance of a grading permit. 13. Mitigation is required in the amount of 15 (2) inch caliper, large species trees, which shall be planted on-site. 14. A 3 -year bond, letter of credit, or check in the amount of $3,750.00 shall be submitted to the City of Fayetteville prior to issuance of a Certificate of Occupancy. 15. At the time of construction drawings the landscape plan shall be stamped by a licensed landscape architect. Standard Conditions of Approval: 16. 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). 17. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 18. Any required trash enclosure shall be screened with access not visible from the street. The trash enclosures shall be constructed with materials that are complimentary to and compatible with the proposed building. A detail of the proposed screening shall be submitted and approved by the Planning Division prior to issuance of the building permit. Any additional dumpsters located on site shall be screened from the right-of- way. 19. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 20. All exterior lights shall be reviewed at the time of building permit submission for compliance with the Outdoor Lighting Ordinance. 21. Large scale development shall be valid for one calendar year. 22. Prior to building permit, a cost estimate for all required landscaping is to be submitted to K:IReports120071PC Reports108-13-071LSD 07-2633 (Walgreen's at One Mile Rd).doc August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 15 of 18 August 27, 2007 Planning Commission ,688 Walgreens @ 6th/One Mile Rd .-u -u Page 16 of 18 Overview Legend Subject Property VAC07-2688 Boundary Planning Area °° 0 ono coo Overlay District Outside City Legend MI Hillside -Hilltop Oh 0 0.25 0.5 1 cmaism.„Ig erlay District August 27, 20m7 C Planning Commissimn p -Pe Walgreens @ 6th/One Mile Pd Aa It 2 Page 17 of 18 August 27, 2007 Planning Commission VAC 07-2688 Walgreens @ 6th/One Mile Rd Agenda Item 2 Page 18 of 18 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: August 22, 2007 PC Meeting of August 27, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 ADM 07-2724: Administrative Item (LOFTS AT UNDERWOOD DRIVEWAY WAIVER, 483): Submitted by ROBERT SHARP ARCHITECT, INC. for property located AT 607 WEST DICKSON STREET. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.40 acres. The request is for a waiver of the minimum curb radius for a commercial driveway for the entrance into the Lofts at Underwood Plaza parking garage on Powerhouse Avenue. Property Owner: WEST DICKSON DEVELOPMENT COMPANY, LLC Planner: ANDREW GARNER BACKGROUND Property and Background: The subject property is located at 607 Dickson Street, and is zoned MSC, Main Street Center. The site is underdevelopment for the Lofts at Underwood Plaza mixed use building. This building and the parking garage were approved by the Planning Commission on March 27, 2006 (LSD 05-1809 Lofts at Underwood Plaza). The historic Dickson Street and Downtown Master Plan area have a main street or urban feel with many buildings built at or very close to the right-of-way line adjacent to the sidewalk and minimal curb radii into and out of most driveways. The subject property is surrounded entirely by mixed commercial development in the MSC zoning district. The City recently constructed the intersections of Dickson Street and Powerhouse Avenue with a curb return radius of 10'. Proposal: The applicant has applied for a building permit to construct the parking garage portion of the Lofts at Underwood Plaza development. The new parking garage was approved with an entrance onto Powerhouse Avenue. The building permit submitted for this parking garage shows the entrance into the parking garage with the north curb radius at 20' and the south curb radius at 14' when 25' is required. It is staff's opinion that for a private, commercial driveway in the downtown area, the 25' radius is excessive and reduces pedestrian safety by creating unnecessary curb width. The applicant has therefore requested a waiver of UDC Section 172.04(2)(a)(iv) to allow for curb radii of 20' for the north curb and 14' for the south curb for the driveway onto Powerhouse Avenue. A site plan and letter request has been included in the Planning Commission packets. K:IReports120071PC Reparts108-27-071ADM07- (Lofts at Underwood Driveway Waiver).doc August 27, 2007 Planning Commission ADM 07-2724 Lofts at Underwood Driveway Waiver Agenda Item 3 Page 1 of 4 DISCUSSION Staff recommends in favor of the requested curb radii waiver to allow for a 20' curb radius on the north curb and a 14' curb radius on the south curb for the parking garage driveway accessing Powerhouse Avenue. The UDC is generally written to provide the minimum standards for development that applies in city-wide, as opposed to area -specific settings. The subject waiver request is located in downtown Fayetteville in the Downtown Master Plan Neighborhood Area. A 25' curb radius is not appropriate in this urban setting where slow vehicle speeds are desired and a high density of pedestrian activity occurs. Staff recommends in favor of the requested waiver requesting finding it appropriate in this urban, downtown setting. Recommendation: Staff recommends approval of the applicant's request for a curb radii waiver with the following conditions of approval. Conditions of Approval: 1. Planning Commission determination of a waiver for driveway curb radii. Driveway curb radii are required to be a minimum of 25'. The applicant requests a 20' curb radius on the northern curb and a 14' curb radius on the southern curb for the driveway onto Powerhouse Avenue. Stafffznds in favor of the requested curb radii, finding that the requested curb radii are suitable in this urban setting with limited space to provide the full 25' on all driveways and will not pose a traffic safety hazard; rather, the request will create a safer pedestrian situation. Planning Commission Action: Motion: Second: Vote: Meeting Date: August 27, 2007 Approved Tabled 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:IReports120071PCReports108-27-071ADM07- (Lofts at Underwood Driveway Waiver).doc August 27, 2007 Planning Commission ADM 07-2724 Lofts at Underwood Driveway Waiver Agenda Item 3 Page 2 of 4 LSD05-1809 Close Up View THE LOFTS @ UNDERWOOD (LAZA SUBJECT PROPERTY DICKSON ST D(CKSON WHITESIDE ST Legend oo0000° oo Overlay District — FLOODWAY --- 500 YEAR 0 — 100 YEAR --- LIMIT OF STUDY — — - Baseline Profile O Fayetteville i Outside City LSD05-1809 vectenGDB.Footpnnt2004 300 450 August 27, 200 Planning Commissio Lofts at Underwood Driveway Waive Agenda Item RMF -4o P-1 },- 7 RSF4 R-0 -1- R Q R40 R#1 RO R-0 'G3 G2 RSF<I RPZQ iRF-0r R RSF-4 RSP-41,RSF-4k RSF4 .._ R -Q G2 ', RMF 24:-- .RMF,2 =RMA24 --,.. RMM4'' RSF d --4000p F21 RM RMF.40 RM iO i R -O 1i STONE ST S -'--.y PRIVFTE 4 9 -Er • 1i RMFdO; • P 1 P t RtyIF O RMF -00 ri I. Gz.-------- C2 ,.,,; r 02 42 SI URAUEIOR i\V. RPZO b, 01 -RMF-24 3 -•24 . RMF 24 12TH ST O • g .. Overview -F RMF24 . RMf-24 Legend Subject Property LSD05-1809 Boundary iy Planning Area deo o 0 Overlay District Outside City Legend 0 0.125.25 0.5 0.75 1 MI I 2M Aug '^,., Planning ' t Underw A� August 27, 2 . 7 er Commissood Drive n Arne -I-. way Wai u 3 Page 4 of 4 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: August 21, 2007 PC Meeting of August 27, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 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 wireless communication facility on the subject property. Property Owner: City of Fayetteville Planner: Andrew Garner August 13, 2007 Planning Commission Meeting: This item was heard at the August 13, 2007 Planning Commission meeting. The item was tabled by the Planning Commission in order for the applicant to present more information including: • Maps depicting comprehensive cellular coverage in this area of Fayetteville provided by Verizon, showing where this tower would fill in gaps in coverage or any overlapping areas, thus proving the tower is needed in this area to provide coverage for personal wireless service. • Information showing how relocation of the tower to the southwest and south portion of the site, and relocation to the Alltel tower site, would affect coverage. • Additional evidence that the existing Alltel tower is not able to be extended to 150'. • The potential for dismantling and reconstructing a new 150' tower on the Alltel site to accommodate the existing and future antenna. THE APPLICANT HAS NOT SUBMITTED THE INFORMATION REQUESTED AT THE AUGUST 13, 2007 PLANNING COMMISSION MEETING BY THE REVISION DEADLINE. STAFF IS RECOMMENDING THAT THIS ITEM BE TABLED. August 27, 2007 Planning Commission CUP 07-2666 Verizon Wireless Sang Ave Agenda Item 4 Page 1 of 2 August 27, 2007 Planning Commission CUP 07-2666 Verizon Wireless Sang Ave Agenda Item 4 Page 2 of 2 �_ z ARKANSAS 4 THE CITY OF FAYETTEV ILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Planning Commission Members FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Director of Current Planning DATE: August 21, 2007 PC Meeting of August 27, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 CUP 07-2692: (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. Property Owner: David and Reba Arthurs Planner: Andrew Garner THE APPLICANT HAS REQUESTED THIS ITEM BE TABLED. THE PUBLIC NOTICES THE APPLICANT DISTRIBUTED INDICATED THE PROPERTY WAS ZONED P-1, WHEN IT IS ACTUALLY ZONED C-2. THE APPLICANT WOULD LIKE TO RE -NOTIFY INDICATING THE CORRECT ZONING. August 27, 2007 Planning Commission CUP 07-2692 Verizon Tower Memorial Dr. Agenda Item 5 Page 1 of 2 (8/22/2007) Jeremy Pate - Crossover Road & Veterans Hospital CUP Applications -request to table Page 1 From: "Andrew Cunnyngham" <acunnyngham@woodenlaw.com> To: "Jeremy Pate" <jpate@ci.fayetteville.ar.us> Date: 8/22/2007 4:26 PM Subject: Crossover Road & Veterans Hospital CUP Applications - request to table CC: "Tracy C. Wooden" <tracyw@woodenlaw.com> Jeremy: Per our conversation this afternoon with Bob Estes please table our CUP applications for Crossover Road and Veterans Hospital (Memorial Drive site) that were scheduled for this coming Monday. We need additional time to work with your staff and our engineers to arrive at an agreeable solution for our Crossover Road site. Per our Veterans Hospital site we need to resolve the notice issue we discussed earlier. Thanks Andy (423) 756-9972 ext 122 August 27, 2007 Planning Commission CUP 07-2692 Verizon Tower Memorial Dr. Agenda Item 5 Page 2 of 2