HomeMy WebLinkAboutOrdinance 6777 ��Il�ll����I�l���II��l��tI�111111111 I Ill 111111111111111111110111111111111111
Doc ID: 021747410004 Type: REL
Kind: ORDINANCE
Recorded: 09/09/2024 at 10:06:53 AM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
111%. .41 I File2024-00023318
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6777
File Number: 2024-336
VACATION-2024-0012: (EAST OF 1202 E.SAIN STREET./TRAILS ON THE CREEK APARTMENTS, 174):
AN ORDINANCE TO APPROVE VAC-24-12 FOR PROPERTY LOCATED EAST OF 1202 EAST SAIN STREET
IN WARD 3 TO VACATE A 0.94 ACRE PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which are not required for corporate purposes;and
WHEREAS,the City Council has determined that the following described portion of street right-of-way is not required
for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of street right-of-
way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense;and
2. Any conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville.
PASSED and APPROVED on August 6,2024
Page 1
•
Ordinance:6777
File Number:2024-336
Approved: Attest:
` ��FtK TR�.,0
_O •
;F AYETTEV►LL( :
ioneld Jordan or Kara Paxton,City Clerk Treasurer . r.
z 9 cy •.
•
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas.
Amount Paid: $ 12- .lap
Page 2
VAC-2024-0012
1202 E. SAI N ST
VAC-2024-0012
EXHIBIT 'B'
Close Up View
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NORTH
Neighborhood Link
Unclassified
Residential Link
RSF-4
~ Planning Area
RMF-24
M 1-1 Heavy Commercial and Light Industrial
Fayetteville City Limits
Feet
M C-2
— —
Commercial, Industrial, Residential
--- Shared -Use Paved Trail
0 75 150 300 450
600
P-1
— — — Trail (Proposed)
I:_=1 Design Overlay District
1:2,400
BLEWVAC-2024-0012
EXHIBIT 'B'
Surveying I Engineering
Environmental
RIGHT-OF-WAY VACATION
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLYDESCRIBED
AS FOLLOWS, TO -WIT- COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTYACRE TRACT, AND
R UNNING THENCE S87023'08 "E 140. 00, THENCE N0203652 "E 168. 78' TO THE POINT OF BEGINNING,
THENCE S43011'08 "E 9.53 , THENCE ALONG A NON -TANGENT CUR VE TO THE LEFT, HAVING A RADIUS
OF 60. 00, WITH A CHORD BEARING OF N4604852 "E, AND AN ARC LENGTH OF 314.16 , THENCE
N43011 '08 "W 215.49 , THENCE ALONG A CUR VE TO THE LEFT, HAVING A RADIUS OF 160. 00, WITH A
CHORD BEARING AND DISTANCE OF N57°4729 "W 80. 69 , THENCE N72023'50 "W 184.29 , THENCE ALONG
A CURVE TO THE LEFT, HAVING A RADIUS OF 160. 00, WITH A CHORD BEARING AND DISTANCE OF
N74007'10 "W 9.62 ; THENCE ALONG A NON -TANGENT CUR VE TO THE RIGHT, HA VING A RADIUS OF
1175.51, WITHA CHORD BEARING AND DISTANCE OF S5204647"W 119.90 , THENCE WITH ALONG A
NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00, WITHA CHORD BEARING AND
DISTANCE OF N81 °39'21 "E 87.51, THENCE S72023'50 "E 184.29 , THENCE ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 100.00 , WITHA CHORD BEARING AND DISTANCE OF S5704729 "E 50.43 , THENCE
S43011 '08 "E 205.96' TO THE POINT OF BEGINNING. CONTAINING 0.94 ACRES, MORE OR LESS.
479-443-4506 O blewinc.com O 5102 S Pinnacle Hills Pkwy
Rogers, Arkansas 72758
Washington Coun\y. AR
| certify this instrument was filed on
09/09/2024 1O�06�53AK0
and recorded in Real Estate
File Number 2O24'OOO23318
Kyle Sylvester' Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 6, 2024
CITY COUNCIL MEMO
2024-336
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: VAC-2024-0012: Vacation (EAST OF 1202 E. SAIN STREET/TRAILS ON THE CREEK
APARTMENTS, 174): Submitted by BLEW AND ASSOCIATES for property located
EAST OF 1202 E. SAIN STREET in WARD 3. The property is zoned RPZD,
RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 10.60 acres.
The request is to vacate 0.94 acres of street right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2024-0012 as shown in the attached Exhibits 'A'
and 'B', and with the following conditions of approval:
Any damage or relocation of existing facilities will be at the property owner/developer's expense;
2. Any and all conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville.
BACKGROUND:
The subject property is in north Fayetteville, south of Mud Creek, and west of Butterfield Trail Village. The
property received its current zoning designation of RPZD on November 5, 2020 with the passage of Ordinance
6377 by City Council. An associated large-scale development for multi -family housing was approved by the
Planning Commission on November 28, 2022 and is currently working its way through the permitting process.
Previous easement and right-of-way vacation requests were heard and approved by City Council on February
21, 2023 (Ordinance 6645 and 6646, respectively). An additional drainage easement was vacated by City
Council on May 21, 2024 (Ordinance 6752). Finally, a utility easement vacation was heard by City Council on
July 2, 2024, where it was ultimately approved (Ordinance 6769).
Request: The applicant proposes to vacate 0.94 acres of right-of-way that was platted in 1989 with the
Vantage Square final plat. The subdivision was never developed, and the applicant requests its vacation to
record an easement plat and finalize building permits for approved multi -family development.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested right-of-way vacation, since all final documents
have been received by City staff with no objections or issues identified. Following the construction and the
opening of the Sain Street connection, staff finds that this platted right-of-way will no longer continue to serve a
public purpose and supports its full vacation. At the July 8, 2024 meeting, Planning Commission forwarded the
request with a recommendation of approval. Little comment was offered on the item, with the Commissioners
finding that the request was appropriate and that the right-of-way was no longer necessary. No public comment
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
was offered at the meeting, or prior to the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-336
VAC-2024-0012: Vacation (EAST OF 1202 E. SAIN STREET/TRAILS ON THE CREEK
APARTMENTS, 174): Submitted by BLEW AND ASSOCIATES for property located EAST OF
1202 E. SAIN STREET in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED
ZONING DISTRICT and contains approximately 10.60 acres. The request is to vacate 0.94 acres
of street right-of-way.
AN ORDINANCE TO APPROVE VAC-24-12 FOR PROPERTY LOCATED EAST OF 1202 EAST
SAIN STREET IN WARD 3 TO VACATE A 0.94 ACRE PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of street right-of-way
is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of
street right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage to or relocation of existing facilities will be at the property owner/developer's
expense; and
2. Any conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-336
Item ID
8/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/19/2024 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
VAC-2024-0012: Vacation (EAST OF 1202 E. SAIN STREET/TRAILS ON THE CREEK APARTMENTS, 174): Submitted by
BLEW AND ASSOCIATES for property located EAST OF 1202 E. SAIN STREET in WARD 3. The property is zoned RPZD,
RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 10.60 acres. The request is to vacate 0.94
acres of street right-of-way.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
V0.111F ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: July 8, 2024 Updated with results from 7/8/2024 PC Meeting
SUBJECT: VAC-2024-0012: Vacation (EAST OF 1202 E. SAIN STREET/TRAILS ON
THE CREEK APARTMENTS, 174): Submitted by BLEW AND
ASSOCIATES for property located EAST OF 1202 E. SAIN STREET. The
property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT
and contains approximately 10.60 acres. The request is to vacate 0.94
acres of street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2024-0012 to the City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
"°l move to forward VAC-2024-0012 to the City Council with a recommendation of approval, with
conditions as outlined by staff. "
BACKGROUND:
The subject property is in north Fayetteville, south of Mud Creek, and west of Butterfield Trail
Village. The property received its current zoning designation of RPZD on November 5, 2020 with
the passage of Ordinance 6377 by City Council. An associated large-scale development for multi-
family housing was approved by the Planning Commission on November 28, 2022 and is currently
working its way through the permitting process. Previous easement and right-of-way vacation
requests were heard and approved by City Council on February 21, 2023 (Ordinance 6645 and
6646, respectively). An additional drainage easement was vacated by City Council on May 21,
2024 (Ordinance 6752). Finally, a utility easement vacation was heard by City Council on July 2,
2024, where it was ultimately approved. Final ordinance is still pending on that request.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential (Underdevelopment)
RPZD, Residential Planned Zoning District
South
Multi -Family Residential Under development)
RPZD, Residential Planned Zoning District
East
Multi -Family Residential (Underdevelopment)
RPZD, Residential Planned Zoning District
West
Multi -Family Residential (Underdevelopment)
RPZD, Residential Planned Zoning District
Proposal: The applicant proposes to vacate 0.94 acres of right-of-way that was platted in 1989
with the Vantage Square final plat. The subdivision was never developed, and the applicant
requests its vacation to record an easement plat and finalize building permits for approved multi-
family development.
Planning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 1 of 12
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested right-of-way vacation, since all final
documents have been received by City staff with no objections or issues identified. Following the
construction and the opening of the Sain Street connection, staff finds that this platted right-of-
way will no longer continue to serve a public purpose, and supports its full vacation.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses.
Utility Response
Cox Communications No objections, provided any damage or relocation of existing
facilities will be at the property owner/developer's expense.
AEP/SWEPCO
Black Hills Energy AR
AT&T
Ozarks Electric
No objections and no comment.
No objections and no comment.
No objections and no comment.
No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections, provided any and all conflicting water or sewer
lines must be relocated and accepted by the City of Fayetteville.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: Staff have not received any public comment regarding this request.
RECOMMENDATION: Staff recommends forwarding VAC-2024-0012 to City Council with a
recommendation of approval, with the following conditions:
Conditions of Approval:
Any damage or relocation of existing facilities will be at the property owner/developer's
expense;
2. Any and all conflicting water or sewer lines must be relocated and accepted by the City of
Fayetteville.
Planning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 2 of 12
PLANNING COMMISSION ACTION: Required YES
Date: July 8, 2024
Motion: Garlock
Second: Werner
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
O Tabled ]ZI Forwarded O Denied
with a recommendation of approval.
Attachments:
• Final Plat — Vantage Square Unit 2
• Applicant Request Letter
• Applicant Petition to Vacate
• Survey — Right-of-way to be vacated
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 3 of 12
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Planning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 4 of 12
BLEW
Surveying I Engineering
Environmental
May 14, 2024
City of Fayetteville City Council
125 W. Mountain Street
Fayetteville, AR 72701
SUBJECT: Right-of-way Vacation for Trails on the Creek
Dear Council Members:
We are requesting to vacate the obsolete right-of-way south of the right-of-way of Sain Street. This right-
of-way was established before the area was developed. The area is under development and new right-of-way has
been dedicated. Please see the attached exhibit.
Sincerely,
Cody Sexton
Blew & Associates, PA
19 479-443-4506 O blewinc.com P199gg'J®u�%ftowle Hills Pkwy
RjWg,2FJkAnsas 72758
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 5 of 12
PETITION
PETITION TO VACATE A RIGHT-OF-WAY LOCATED IN PART OF LOT 11, VANTAGE SQUARE,
UNIT If,, 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 11, Vantage Square, Unit II, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
NORTH, RANGE30 WEST, WASHINGTONCOUNTY, ARKANSAS, BEING MORE PARTICULARL Y DESCRIBED
AS FOLLOWS, TO -WIT.- COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTYACRE TRACT, AND
R UNNING THENCE S87023'08 "E 140. 00, THENCE N0203652 "E 168. 78' TO THE POINT OF BEGINNING,
THENCE S4301 P08"E 9.5 3, THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, IIAVING A RADIUS
OF 60. 00 , WITH A CHORD BEARING OF N4604852 "E, AND AN ARC LENGTH OF 314.16 , THENCE
N43011'08"W 215.49, THENCEALONGA CURVE TO THELEFT, IIAVINGA RADIUS OF 160.00, WITII A
CHORD BEARING AND DISTANCE OF N57°4729"W 80.69 , TIIENCE N72 °23'50"W 184.29 , THENCE ALONG
A CURVE TO THE LEFT, HA VING A RADIUS OF 160. 00 , WIT11 A CHORD BEARING AND DISTANCE OF
N74007'10"W 9.62 , THENCE ALONG A NON TANGENT CURVE TO THE RIGHT, I1A VING A RADIUS OF
1175.51, WITII A CHORD BEARING AND DISTANCE OF S5204647"W 119.90 , THENCE WITHALONG A
NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 100.00, WIT11 A CHORD BEARING AND
DISTANCE OF N81 °3921 "E 87.51, THENCE S72023'50"E 184.29 , THENCE ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 100.00, WITHA CHORD BEARING AND DISTANCE OF S5704729"E 50.43 , THENCE
S43011'08"E 205.96' TO THE POINT OF BEGINNING. CONTAINING 0.94 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are Lot 11, Vantage Square, Unit II, 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 alley.
_
Dated this I day of , 20 114
Printed Name
Planning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Page 6 of 12
Printed Name
Signature
Planning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 7 of 12
BMW&Ass°CIATES,PA VicinityMapCIVIL ENGINEERS & IAND SURVEYORS
�
Project Number:
19-
19-3732 Certificate of Authorization Ns 1534 Date: 05/14/2024
3825 N. Shiloh Drive ♦ Fayetteville, Arkansas 72703 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
Manning Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Page 8 of 12
01
Right -of -Way
Vacation
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GIS Approved
06/04/2024 9:36:17 AM
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PLATTED ROAD RIGHT-OF-WAY VACATION (PLAT BOOK
S
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10, PG. 72)
A PART OF THE SOUTHEAST QUARTER OF THE
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S43 11 �', E
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
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9.530
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
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(0 ` /�b
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT,
HAVING A RADIUS OF 60.00', WITH A CHORD BEARING OF
nj i 31b,
co
N46°48'52"E, AND AN ARC LENGTH OF 314.16', THENCE
SE Corner
u7 co
N43°11'08"W 215.49', THENCE ALONG A CURVE TO THE
SE 114, NE 114
Section 26
M Cp
LEFT, HAVING A RADIUS OF 160.00', WITH A CHORD
T-17-IN, R-30-W
o r-
BEARING AND DISTANCE OF N57°47'29"W 80.69', THENCE
N72°23'50"W 184.29', THENCE ALONG A CURVE TO THE
4.84Acres± Concrete ON
SE 114, NE 114, Sec. 26,T17N, R30W Monument Z
LEFT, HAVING A RADIUS OF 160.00', WITH A CHORD
_
NE 114, SE 114, Sec. 26,T17N, R30W
_ — —J
BEARING AND DISTANCE OF N74°07'10"W 9.62', THENCE
1.04Acres t
ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A
7
RADIUS OF 1175.51', WITH A CHORD BEARING AND
S87° 23' 08.32"E
DISTANCE OF S52°46'47"W 119.90', THENCE WITH ALONG
140.000
A NON -TANGENT CURVE TO THE RIGHT, HAVING A
RADIUS OF 100.00', WITH A CHORD BEARING AND
DISTANCE OF N81°39'21"E 87.51', THENCE S72°23'50"E
184.29', THENCE ALONG A CURVE TO THE RIGHT, HAVING
A RADIUS OF 100.00', WITH A CHORD BEARING AND
DISTANCE OF S57°47'29"E 50.43', THENCE S43°11'08"E
205.96' TO THE POINT OF BEGINNING. CONTAINING 0.94
ACRES, MORE OR LESS.
Right -of -Way Vacation Exhibit
100 0 50 100
B �E Se�.
E�glneeAng
MCPP1eg in feet 1 inch = 100 ft.
& Bi HIfll , P.R. Project Number:
20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 05/14/2024
5104 S. Pinnacle Hills Pkwy * Rogers, Arkansas 72758 * 479.443.4506 Office • 479.582.188PIb ing Commission
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 9 of 12
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Fayetteville City Limits g RI Gnmmer lal antl Light mtl alriai
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 10 of 12
VAC-2024-0012 1202 E. SAI N ST
Close Up View
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C-2
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NORTH
Neighborhood Link
Unclassified
Residential Link RSF-4
RMF-24
~ Planning Area 1-1 Heavy Commercial and Light Industrial
Fayetteville City Limits Feet C-2
— Commercial, Industrial, Residential
-- Shared -Use Paved Trail 0 P-1
0 75 150 300 450 600
— — — Trail (Proposed)
I_=_I Design Overlay District 1:2,400
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 11 of 12
July 8, 2024
VAC-2024-0012 (TRAILS ON THE CREEKS APARTMENTS)
Paqe 12 of 12
Form v1.52
NVN
medza
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72701 AUG 13 2024
Ad number#: 428376
PO#: CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Matter of: ORD 6777
AFFIDAVIT•STATE OF ARKANSAS
1 Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6777
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$127.68.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 08/11/24;NWA nwaonline.com 08/11/24
!
Legal Cl Gv RASyF//''
0•*.tr 22•20V F- .
•
State of ARKANSAS,County of Sebastian :o �,.
i NOTARY 011
Subscribed and sworn to before me on this 12th day of August, 2024 - 4
P �
ARY PUBLIC
Ordinance:6777
File Number: 2024-336
VACATION-2024-0012:(EAST
OF 1202 E. SAIN
STREET./TRAILS ON THE CREEK
APARTMENTS,174):
AN ORDINANCE TO APPROVE
VAC-24-12 FOR PROPERTY LO-
CATED EAST OF 1202 EAST
SAIN STREET IN WARD 3 TO VA-
CATE A 0.94 ACRE PORTION OF
STREET RIGHT-OF-WAY
WHEREAS,the City Council
has the authority under A.C.A.§
14-54-104 to vacate public
grounds or portions thereof
which are not required for cor-
porate purposes;and
WHEREAS,the City Council
has determined that the follow-
ing described portion of street
right-of-way is not required for
corporate purposes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of street right-of-way as
described in Exhibit B attached
to the Planning Department's
memo.
Section 2:A copy of this Or-
dinance duly certified by the
City Clerk along with the map
attached as Exhibit A to the
Planning Department's memo
shall be filed in the office of the
Washington County Circuit
Clerk.
Section 3:This vacation ap-
proval is subject to the following
conditions:
1.Any damage to or reloca-
tion of existing facilities will be
at the property owner/devel-
oper's expense;and
2.Any conflicting water or
sewer lines must be relocated
and accepted by the City of
Fayetteville.
PASSED and APPROVED on
August 6,2024
Approved:
urer
Lioneld Jordan,Mayor
Attest:
Kara Paxton,City Clerk Treas-
Tbis publication was paid for
by the City Clerk-Treasurer Of
the City of Fayetteville.
Arkansas.
Amount Paid:S127.68
August 11.2024 428376