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 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 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 LE G A L D E S C R I P T I O N F O R R I G H T - O F - W A Y V A C A T I O N F O R L O T 7 E D G E W O O D AD D I T I O N A P A R T O F T H E P L A T T E D R I G H T - O F - W A Y O F N O R T H K I N G S D R I V E , W H I C H I S AD J A C E N T T O T H E E A S T S I D E O F L O T 7 O F E D G E W O O D A D D I T I O N , FA Y E T T E V I L L E , A R K A N S A S A S P E R T H E F I N A L P L A T O F S A I D A D D I T I O N F I L E D I N BO O K 1 A T P A G E 1 7 3 A N D B O O K 4 1 3 A T P A G E 3 9 0 , B E I N G M O R E P A R T I C U L A R L Y DE S C R I B E D A S F O L L O W S , T O - W I T : B E G I N N I N G A T A N E X I S T I N G P I P E M A R K I N G TH E N O R T H E A S T C O R N E R O F S A I D L O T 7 A N D R U N N I N G T H E N C E S 8 7 ° 4 6 ' 1 2 " E 24 . 7 5 ' T O T H E W E S T M A S T E R S T R E E T P L A N R I G H T - O F - W A Y O F N O R T H K I N G S DR I V E , T H E N C E A L O N G S A I D R I G H T - O F - W A Y T H E F O L L O W I N G : S 0 2 ° 2 1 ' 3 4 " W 7 8 . 2 0 ' , AL O N G A C U R V E T O T H E L E F T H A V I N G A R A D I U S O F 7 2 9 . 1 4 ' F O R A C H O R D BE A R I N G A N D D I S T A N C E O F S 0 1 ° 2 0 ' 5 5 " W 3 6 . 5 2 ' , A L O N G A C U R V E T O T H E L E F T HA V I N G A R A D I U S O F 1 4 7 . 0 0 ' F O R A C H O R D B E A R I N G A N D D I S T A N C E O F S0 2 ° 2 3 ' 1 5 " E 9 . 5 3 ' , T H E N C E L E A V I N G S A I D R I G H T O F W A Y N 8 7 ° 5 6 ' 2 7 " W 2 6 . 0 5 ' T O A N EX I S T I N G P I P E M A R K I N G T H E S O U T H E A S T C O R N E R O F S A I D L O T 7 , T H E N C E AL O N G T H E E A S T L I N E T H E R E O F N 0 2 ° 1 7 ' 5 5 " E 1 2 4 . 2 9 ' T O T H E P O I N T O F BE G I N N I N G , C O N T A I N I N G 0 . 0 7 A C R E S , M O R E O R L E 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