HomeMy WebLinkAboutOrdinance 6788 IIIII0l11111IIIIIIIIIIIIIIIIIII1011111111011110111111IIII101111111III!101
Doc ID: 021767480004 Type: REL
Kind: ORDINANCE
A E''f,. Recorded: 09/23/2024 at 10:33:51 AM
Fee Amt: $30.00 Pape 1 of 4
• Washington County, AR
f; 1 Kyle Sylvester Circuit Clerk
File2024-00024677
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6788
File Number: 2024-434
VACATION-2024-0014: (1215 N. KINGS DR/WILLIAMS,408):
AN ORDINANCE TO APPROVE VAC-24-14 FOR PROPERTY LOCATED AT 1215 NORTH KINGS DRIVE IN
WARD 3 TO VACATE A 0.07 ACRE PORTION OF STREET RIGHT-OF-WAY
WHEREAS,the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which are not required for corporate purposes; and
WHEREAS,the City Council has determined that the following described portion of street right-of-way is not required
for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of street right-of-way
as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the
Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense;
2. A 10-foot utility easement shall be dedicated with the existing gas line being the center of the easement;and
3. The power pole and down guys at the northeast corner of the property remain outside of the right-of-way being
vacated.
PASSED and APPROVED on September 3, 2024
Page 1
Ordinance : 6788
File Number: 2024-434
Approved: Attest:
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville , Arkansas.
Amount Paid:$ \3().12..
Page2
RSF-4
P-1
CANYON
CT
KINGS DR
COLUMBUS BLVD
HOPE ST
C
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U
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B
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ARLINGTON TER
M I S S I O N B L V D
Neighborhood Link
Residential Link
Hillside-Hilltop Overlay District
Planning Area
Fayetteville City Limits
Trail (Proposed)
RSF-4
P-1
Close Up View
VAC-2024-0014 1215 N. KINGS DR
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
VAC-2024-0014
EXHIBIT 'A'
LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION FOR LOT 7 EDGEWOOD
ADDITION
A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH KINGS DRIVE, WHICH IS
ADJACENT TO THE EAST SIDE OF LOT 7 OF EDGEWOOD ADDITION,
FAYETTEVILLE, ARKANSAS AS PER THE FINAL PLAT OF SAID ADDITION FILED IN
BOOK 1 AT PAGE 173 AND BOOK 413 AT PAGE 390, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT AN EXISTING PIPE MARKING
THE NORTHEAST CORNER OF SAID LOT 7 AND RUNNING THENCE S87°46'12"E
24.75' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH KINGS
DRIVE, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S02°21'34"W 78.20',
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 729.14' FOR A CHORD
BEARING AND DISTANCE OF S01°20'55"W 36.52', ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 147.00' FOR A CHORD BEARING AND DISTANCE OF
S02°23'15"E 9.53', THENCE LEAVING SAID RIGHT OF WAY N87°56'27"W 26.05' TO AN
EXISTING PIPE MARKING THE SOUTHEAST CORNER OF SAID LOT 7, THENCE
ALONG THE EAST LINE THEREOF N02°17'55"E 124.29' TO THE POINT OF
BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS.
VAC-2024-0014
EXHIBIT 'B'
Washington County, AR
I certify this instrument was filed on
09/23/2024 10:33:51 AM
and recorded in Real Estate
File Number 2024-00024677
Kyle Sylvester- Circuit Clerk
by
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-434
MEETING OF SEPTEMBER 3, 2024
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-2024-0014: Vacation (1215 N. KINGS DR/WILLIAMS, 408): Submitted by TOMMY
WISE-EHLERS for property located at 1215 N. KINGS DR. in WARD 3. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 0.61 acres. The request is to vacate 0.07 acres of street right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2024-0014 as shown in the attached Exhibits 'A'
and 'B', and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense;
2. A 10-foot utility easement is dedicated or remains with existing gas line being center of said easement;
3. The power pole and down guys at the northeast corner area of the property remain outside of the right-of-
way being vacated.
BACKGROUND:
The subject property is in east Fayetteville on N. Kings Drive and is currently developed with a single-family
home that County records indicate was constructed in 1961. The property is currently zoned RSF-4,
Residential Single-Family, 4 Units per Acre, and appears to have been platted in 1954 with the Edgewood
Addition. The property is within the Hillside-Hilltop Overlay District.
Request: The applicant proposes to vacate 0.07 acres of right-of-way that was platted with a replat in 1954 of
the Edgewood Addition subdivision. The applicant requests its vacation to apply for a building permit for a front
porch with associated improvements.
DISCUSSION:
Staff and the Planning Commission recommend in favor of the requested right-of-way vacation, finding it does
not serve a public purpose. All required documents have been received by City staff with no objections
identified from adjacent property owners or franchise utilities. As originally platted in the mid-1950s, the right-
of-way also appears to have been platted in excess of current master street plan standards for Residential Link
Streets, which is the classification for N. Kings Drive. Standard Residential Link Streets require 26 feet of right-
of-way from street centerline. At the subject property this is exceeded, varying between 50.7 and 50.8 feet of
right-of-way from the street centerline. The applicant is requesting to vacate the right-of-way to align with
typical master street plan standards and leave 26 feet from the street centerline in place. The vacation would
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
also relieve the property owner of an existing, non-conforming, front setback encroachment. Where 15-foot
setbacks are currently required, portions of the structure, including the front staircase, are currently
encroaching into that dimension. The item was placed on the Planning Commission's consent agenda and no
public comment has been received by staff.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-434
VAC-2024-0014: Vacation (1215 N. KINGS DR/WILLIAMS, 408): Submitted by TOMMY
WISE-EHLERS for property located at 1215 N. KINGS DR. in WARD 3. The property is zoned
RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 0.61 acres. The request is to vacate 0.07 acres of street right-of-way.
AN ORDINANCE TO APPROVE VAC-24-14 FOR PROPERTY LOCATED AT 1215 NORTH
KINGS DRIVE IN WARD 3 TO VACATE A 0.07 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;
2. A 10-foot utility easement shall be dedicated with the existing gas line being the center of the
easement; and
3. The power pole and down guys at the northeast corner of the property remain outside of the
right-of-way being vacated.
8/16/2024
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-434
Item ID
9/3/2024
City Council Meeting Date - Agenda Item Only
VAC-2024-0014: Vacation (1215 N. KINGS DR/WILLIAMS, 408): Submitted by TOMMY WISE-EHLERS for property
located at 1215 N. KINGS DR. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE and contains approximately 0.61 acres. The request is to vacate 0.07 acres of street right-of-way.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: August 12, 2024
SUBJECT: VAC-2024-0014: Vacation (1215 N. KINGS DR/WILLIAMS, 408):
Submitted by TOMMY WISE-EHLERS for property located at 1215 N.
KINGS DR. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 0.61 acres.
The request is to vacate 0.07 acres of street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2024-0014 to the City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
“I move to forward VAC-2024-0014 to the City Council with a recommendation of approval, with
conditions as outlined by staff.”
BACKGROUND:
The subject property is in east Fayetteville on N. Kings Drive and is currently developed with a
single-family home that County records indicate was constructed in 1961. The property is
currently zoned RSF-4, Residential Single-Family, 4 Units per Acre, and appears to have been
platted in 1954 with the Edgewood Addition. The property is within the Hillside-Hilltop Overlay
District. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
South Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
East Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
West Single-Family Residential RSF-4, Residential Single-Family, 4 Units per Acre
Proposal: The applicant proposes to vacate 0.07 acres of right-of-way that was platted with a
replat in 1954 of the Edgewood Addition subdivision. The applicant requests its vacation to apply
for a building permit for a front porch with associated improvements.
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. Though
originally platted in the mid-1950s, the right-of-way also appears to have been platted in excess
of current master street plan standards for Residential Link Streets, which typically requires 26
feet from street centerline. Currently, there is a varying width of between 50.7 and 50.8 feet of
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 1 of 9
Updated with results from 8/12/2024 PC Meeting
right-of-way from the street centerline. The applicant is requesting to vacate the right-of-way to
align with typical master street plan standards and leave 26-feet from the street centerline in
place. The vacation would also relieve the property owner of an existing, non-conforming, front
setback encroachment. Where 15-foot setbacks are currently required, portions of the structure,
including the front staircase, are currently encroaching into that dimension.
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 No objections and no comment.
Black Hills Energy AR No objections, provided a 10-foot utility easement is dedicated to
remain with existing gas line being center of said easement.
AT&T No objections, finding that based on provided data, the power
pole and down guys at the northeast corner area of the property
are outside the right-of-way being vacated.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections and no comment.
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-2024-0014 to City Council with a
recommendation of approval, with the following conditions:
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer’s
expense;
2. A 10-foot utility easement is dedicated or remains with existing gas line being center of
said easement;
3. The power pole and down guys at the northeast corner area of the property remain outside
of the right-of-way being vacated.
______________________________________________________________________
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 2 of 9
PLANNING COMMISSION ACTION: Required YES
Date: August 12, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• 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
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 3 of 9
Werner
Payne
7-0-0 (on consent agenda)
X
with a recommendation of
approval, with all conditions
as recommended by staff
Street Right of Way Vacation Request
Address: 1215 N. Kings Dr.
Owners: Jennie and Brandon Williams
Dear Planning Commission and City Council members,
The intent of this right of way vacation request is to enable the property owners at 1215 N.
Kings Dr. to renovate and add a front porch to their existing home. The home currently sits on
the front building setback line; however, this is approximately 26’ back from the current MSP
right of way. We are proposing that the area between the current building setback line and MSP
right of way be vacated so the property owners can utilize this area for their home renovation.
They intend to add an approximately 10’ x 10’ covered front porch which would encroach upon
the current front setback line. They also intend to complete other exterior renovations such as
landscaping, painting, and window replacement, along with interior renovations. Adjusting the
right of way to the current MSP right of way would allow them to accomplish these renovations.
Thank you for your consideration,
Tommy Wise-Ehlers, AIA
Architect
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 4 of 9
PETITION TO VACATE A STREET RIGHT-OF-WAY LOCATED IN LOT 7, EDGEWOOD
ADDITION, 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 street right-of-way hereinafter
sought to be abandoned and vacated, lying in (lot 7, Edgewood Addition), City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate a street right-of-way which is described as follows:
A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH KINGS DRIVE, WHICH IS ADJACENT TO
THE EAST SIDE OF LOT 7 OF EDGEWOOD ADDITION, FAYETTEVILLE, ARKANSAS AS PER THE
FINAL PLAT OF SAID ADDITION FILED IN BOOK 1 AT PAGE 173 AND BOOK 413 AT PAGE 390,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT AN EXISTING
PIPE MARKING THE NORTHEAST CORNER OF SAID LOT 7 AND RUNNING THENCE S87°46'12"E
24.75' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH KINGS DRIVE, THENCE
ALONG SAID RIGHT-OF-WAY THE FOLLOWING: S02°21'34"W 78.20', ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 729.14' FOR A CHORD BEARING AND DISTANCE OF S01°20'55"W
36.52', ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 147.00' FOR A CHORD BEARING
AND DISTANCE OF S02°23'15"E 9.53', THENCE LEAVING SAID RIGHT OF WAY N87°56'27"W
26.05' TO AN EXISTING PIPE MARKING THE SOUTHEAST CORNER OF SAID LOT 7, THENCE
ALONG THE EAST LINE THEREOF N02°17'55"E 124.29' TO THE POINT OF BEGINNING,
CONTAINING 0.07 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the street right of way are lot 6, Edgewood
Addition and lot 2, block 3, Viginia Hills Addition City of Fayetteville interest and welfare would not be
adversely affected by the abandonment of the portion of the above described street right-of-way.
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.
Dated this ____ day of ____________________, 20_____.
________________________________________________________
Printed Name
________________________________________________________
Signature
________________________________________________________
Printed Name
________________________________________________________
Signature
June9 24
Jennie McCain Williams
Brandon Williams
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 5 of 9
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S
S
.
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 6 of 9
C-1
R-A
R-O
P-1
RSF-4
NC
M I S S I O N B L V D
NORTH ST
OLD
WIRE
RD
Neighborhood Link
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
VAC-2024-0014 1215 N. KINGS DR N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 7 of 9
RSF-4
P-1
CANYON
CT
KINGS DR
COLUMBUS BLVD
HOPE ST
C
O
L
U
M
B
U
S
P
L
E
A
S
T
W
O
O
D
D
R
ARLINGTON TER
M I S S I O N B L V D
Neighborhood Link
Residential Link
Hillside-Hilltop Overlay District
Planning Area
Fayetteville City Limits
Trail (Proposed)
RSF-4
P-1
Close Up View
VAC-2024-0014 1215 N. KINGS DR
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 8 of 9
OLD
WIRE
RD
MISSION
B
L
V
D
Neighborhood Link
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
VAC-2024-0014 1215 N. KINGS DR N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family Residential
Single-Family Residential
1:3,600
Single-Family Residential
& Undeveloped
Single-Family Residential
Planning Commission
August 12, 2024
VAC-2024-0014 (WILLIAMS)
Page 9 of 9