HomeMy WebLinkAbout109-07 RESOLUTIONRESOLUTION NO. 109-07
A RESOLUTION TO REPEAL RESOLUTION NO. 122-06
WHEREAS, after a 5-4 rejection of LSD 06-1997, Divinity Hotel and Condos, by the
Fayetteville Planning Commission on June 26, 2006, the City Council granted the appeal and
approved LSD 06-1997 on July 6, 2006; and
WHEREAS, on August 2, 2006, Michael Shirkey and Peter Tooker appealed this
approval to Circuit Court; and
WHEREAS, on May 31, 2007 (one week prior to scheduled trial), the owner/developer
Barber Group, Inc. and LynnKohn LLC notified the City in writing of the voluntary withdrawal
of their LSD 06-1997, Divinity Hotel and Condos, and requested the withdrawal of Resolution
No. 122-06. Attached is a copy of this letter marked Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS.
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals
Resolution No. 122-06 (attached as Exhibit "B") because of the voluntary withdrawal of LSD
06-1997 and upon request of the applicants.
PASSED and APPROVED this 5th day of June, 2007.
APPROVED:
By:
ATTEST:
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By: 1,, r°N,,,.,
SONDRA E. SMITH, City Clerk/Treasurer
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RESOLUTION NO. 122-06
A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S
DENIAL OF LSD 06-1997, DIVINITY HOTEL AND CONDOS AND TO APPROVE •
THIS LARGE SCALE DEVELOPMENT
WHEREAS, on June 26, 2006, the Fayetteville Planning Commission voted 5-4 to
deny LSD 06-1997, Divinity Hotel & Condos; and
WHEREAS, on June 27, 2006, the developer/owner of record of the property upon
which LSD 06-1997, Divinity Hotel & Condos would be built has appealed this decision to
deny the large scale development pursuant to § 155.05 (A)(2) of the Unified Development
Code.
NOW, THEREFORE, BE IT. RESOLVED BY THE CITY COUNCIL OF THE
CJTY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants
the appeal of the denial of LSD 06-1997, Divinity Hotel & Condos by the Planning
Commission and approves LSD 06-1997, Divinity 'Hotel & Condos with all Conditions of
Approval as stated within the Planning Department report specifically including:
(a.) All street and sidewalk improvements found in Condition 2;
(b.) Granting all waivers for driveway/alley width and curb radius
found in Conditions 3 and 4;
(c.) Granting applicant's request to construct a span over the 20
foot wide public alley subject to the approval of the
Fayetteville Fire Department and Fayetteville Solid Waste
Division with a height clearance of at least 14.5 feet.
PASSED and APPROVED this 6'h day of July, 2006.
ATTEST:
By:
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SONDRA SMITH, City Clerk
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RESOLUTION NO.
A RESOLUTION TO REPEAL RESOLUTION NO. 122-06
WHEREAS, after a 5-4 rejection of LSD 06-1997, Divinity Hotel and Condos, by the
Fayetteville Planning Commission on June 26, 2006, the City Council granted the appeal and
approved LSD 06-1997 on July 6, 2006; and
WHEREAS, on August 2, 2006, Michael Shirkey and Peter Tooker appealed this
approval to Circuit Court; and
WHEREAS, on May 31, 2007 (one week prior to scheduled trial), the owner/developer
Barber Group, Inc. and LynnKohn LLC notified the City in writing of the voluntary withdrawal
of their LSD 06-1997, Divinity Hotel and Condos, and requested the withdrawal of Resolution
No. 122-06. Attached is a copy of this letter marked Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals
Resolution No. 122-06 (attached as Exhibit "B") because of the voluntary withdrawal of LSD
06-1997 and upon request of the applicants.
PASSED and APPROVED this 51h day ofJune, 2007.
APPROVED: ATTEST:
•
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
/09-07
1(6.7.07) Clarice Pearman - Divinity Hotel & Condos —Page 1
From: Clarice Pearman
To: Williams, Kit
Date: 6.7.07 4:18 PM
Subject: Divinity Hotel & Condos
Kit:
The Coundl passed the resolution repealing Res. 122-06 regarding Divinity. I am processing the resolution for and the exhibit is not
attached. Please provide the letter as stated in the resolution. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
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