HomeMy WebLinkAboutOrdinance 6802 ill ll II ll I ll ll I I li l l l l l l II II OH I II Doc ID: 021855550004 Type: REL Kind: ORDINANCE Recorded: 11/18/2024 at 02:19:29 PM Fee Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2024-00030365 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6802 File Number: 2024-660 VACATION-2024-0018: (314 W. LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH,484): AN ORDINANCE TO APPROVE VAC-24-18 FOR PROPERTY LOCATED AT 314 WEST LAFAYETTE STREET IN WARD 2 TO VACATE 0.34 ACRES 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 or relocation of existing facilities will be at the property owner/developer's expense;and 2. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of-way to be vacated as shown on the Exhibit C attached to the Planning Department's memo. PASSED and APPROVED on November 12,2024 Page 1 Ordinance: 6802 File Number: 2024-660 Approved: Attest: Shelton, Senior Deputy City Clerk �l A,�• C'\TY FAYETTEVILLE ;�' This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ I30.12— Page 2 VAC-2024-0018 Close Up View w a z O CO) J w Lu F= 1 1 1 1 1 1 1 1 1 MSC 1 1 I 1 1 1 1 1 Urban Center Alley Residential Link Planning Area - - Fayetteville City Limits — — — Shared -Use Paved Trail _ Design Overlay District 314 W. LAFAYETTE ST w Q W w F- w ILA ST w W a o z o Subje=ProplertyI MAPLE LAFAYETTEST VAC-2024-0018 EXHIBIT 'A' W a z J O RSF-4 z Z U O 2 JJ N n r.V E=om,�& i ' i - _�NO RTH �, Feet 0 75 150 300 450 600 1:2,400 RSF-4 RI-U RMF-40 Main Street Center Downtown General Neighborhood Conservation VAC-2024-0018 EXHIBIT'B' A 30 FOOT WIDE ALLEY BETWEEN LOT 1 AND LOT 2 OF BLOCK 4 OF COUNTY COURT ADDITION AS PER PLAT RECORD 0004-00000002 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASH INGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE THEREOF S00002'27"E 500.94 FEET TO THE NORTH RIGHT-OF- WAY OF WEST LAFAYETTE STREET; THENCE ALONG SAID RIGHT-OF-WAY N90000'00"W 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE THEREOF N00002'27"W 500.11 FEET TO THE SOUTH RIGHT-OF- WAY OF WEST MAPLE STREET; THENCE ALONG SAID RIGHT-OF-WAY N82046'55"E 6.85 FEET; THENCE ALONG SAID RIGHT-OF-WAY S89056'28"E 23.20 FEET TO THE POINT OF BEGINNING, CONTAINING 0.34 ACRES, MORE OR LESS. Washington County,AR I certify this instrument was filed on 11/18/2024 02:19:29 PM and recorded in Real Estate File Number 2024-00030365 Kyle Sylvester- Circuit Clerk by Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 12, 2024 CITY COUNCIL MEMO 2024-660 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH, 484): Submitted by CRAFTON TULL for property located at 314 W. LAFAYETTE ST in WARD 2. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 4.75 acres. The request is to vacate 0.34 acres of street right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2024-0018 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; and 2. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of-way to be vacated as shown on the attached Exhibit C. BACKGROUND: The subject property is in central Fayetteville, approximately 400 feet east of the intersection of W. Lafayette St. and N. West Ave. The property is zoned DG and encompasses lots 1 and 2 of the County Court replat (8 parcels per the Washington County Assessor). The entire property is located within the Downtown Master Plan Area and is the site of University Baptist Church. Request: The applicant proposes to vacate 0.34 acres of right-of-way platted with the County Court replat. DISCUSSION: City of Fayetteville staff recommends in favor of the requested right-of-way vacation. All documents have been received with no objections or issues identified. Staff find that while this right-of-way technically serves 8 separate properties, all are owned by University Baptist Church and it is a "paper alley" (dedicated, but never developed) Multiple buildings, including the main University Baptist Church structure, have since been constructed which encroach in to the right-of-way. At the October 14, 2024 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval as part of the consent agenda. No public comment was provided either prior to or during the public meeting. BUDGET/STAFF IMPACT: NA Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C - Alley Vacation and New Dedication (#6), Staff Report (#7), Petition to Vacate (#8) 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 #: 2024-660 VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH, 484): Submitted by CRAFTON TULL for property located at 314 W. LAFAYETTE ST in WARD 2. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 4.75 acres. The request is to vacate 0.34 acres of street right-of-way. AN ORDINANCE TO APPROVE VAC-24-18 FOR PROPERTY LOCATED AT 314 WEST LAFAYETTE STREET IN WARD 2 TO VACATE 0.34 ACRES 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 or relocation of existing facilities will be at the property owner/developer's expense; and 2. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of- way to be vacated as shown on the Exhibit C attached to the Planning Department's memo. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-660 Legistar File ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH, 484): Submitted by CRAFTON TULL for property located at 314 W. LAFAYETTE ST in WARD 2. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 4.75 acres. The request is to vacate 0.34 acres of street right-of-way. Account Number Project Number Budgeted Item? No Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget Fund Project Title $ V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: EXHIBIT W MAPLE ST g 12 L3 P.O.B. ALLEY VACA11ON NW CORNER LOT 2 BLOCK 4 80' X 30' SWEPCO GRAPHIC SC ff0'- UTILITY ESMT TO REMAIN 80' 0 80' I I I � W R m N � O Z LOT 1 BLOCK 4 a PLAT RECORD 0004-00000002 LOT 2 BLOCK 4 UNIVERSITY BAPTIST CHURCH PLAT RECORD 0004-00000002 DEED RECORDS 514-57, UNIVERSITY BAPTIST CHURCH 678-483, 682-444, 688-448, DEED RECORD 453-508 698-301, 698-302, 738-109, 744-491, 744-492 & 874-337 PARCEL LINE TABLE LINE DIRECTION LENGTH L1 N90' 00' 00"W 30.00' L2 N82' 46' WE 6.85' L3 S89' 56' 28"E 23.20' > L1 m c� o 3 � U3 W LAFAYETTE ST ° o w moo.. � � N No Q � N � M 7—a QO U 1 M 0 �v) x z N w NOTE: M F N a > THIS ALLEY VACATION EXHIBIT IS A GRAPHICAL REPRESENTATION OF ,Jm THE ALLEY VACATION DESCRIPTION, AND DOES NOT CONSTITUTE A Z o BOUNDARY SURVEY. - <0N o�Q 1 OF 1 24301601 08/13/2024 Reviewed by: Donna Wonsower, Planner Development Services APPROVED 300 N College Ave., Suite 317 Fayetteville, Arkansas 72703 Crafton Tull 479.636.4838 t www.craftontull.com CITY OF FAYETTEVILLE V0.111F ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Gretchen Harrison, Senior Planner FROM: Donna Wonsower, Planner MEETING DATE: October 14, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH, 484): Submitted by CRAFTON TULL for property located at 314 W. LAFAYETTE ST. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 4.75 acres. The request is to vacate 0.34 acres of street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2024-0018 to the City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2024-0018 to the City Council with a recommendation of approval, with conditions as outlined by staff." BACKGROUND: The subject property is in central Fayetteville, approximately 400 feet west of the intersection of W. Lafayette St. and N. West Ave. The property is zoned DG and encompasses lots 1 and 2 of the County Court replat (8 parcels per the Washington County Assessor). The entire property is located within the Downtown Master Plan Area. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Mixed -Density Residential RMF-40, Residential Multi -Family, 40 Units per Acre South Multifamily Residential DG, Downtown General East Single -Family Residential DG, Downtown General West Mixed -Density Residential DG, Downtown General Proposal: The applicant proposes to vacate 0.34 acres of right-of-way that was platted with the County Court replat. The right-of-way is a paper alley which was never developed and has since been constructed as part of the church facility, including multiple buildings which encroach into the right-of-way. 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. Staff finds that Planning Commission October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 1 of 10 while the right-of-way in question technically serves 8 lots that are still legal lots of record since they do not appear to have been formally combined through a property line adjustment, all parcels are owned by University Baptists Church. 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 Any damage or relocation of existing facilities will be at the property owner/developer's expense AEP/SWEPCO An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of-way to be vacated as shown on the attached exhibit. Black Hills Energy AR No objections and no comment. AT&T Any damage or relocation of existing facilities will be at the property owner/developer's expense 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-2024-0018 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. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right- of-way to be vacated as shown on the attached exhibit. Planning Commission October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 2 of 10 PLANNING COMMISSION ACTION: Required YES Date: October 14, 2024 O Tabled ® Forwarded O Denied Motion: CASTIN ON CONSENT AGENDA MOTION TO FORWARD TO THE CITY COUNCIL WITH A RECOMMENDATION, Second: GULLEY WITH CONDITIONS AS RECOMMENDED BY STAFF Vote: q 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 October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 3 of 10 CIF Crafton Tull August 12, 2024 City of Fayetteville Planning Commission & City Council 125 W. Mountain Street Fayetteville, AR 72701 RE: University Baptist Church — Alley Vacation CTA Job No. 24301601 To whom it may concern, 901 N 47th Street, Suite 400 Rogers, AR 72756 479.636.4838 (ph) 479.631.6224 (fax) This submittal is for the vacation of a Alley within the University Baptist Church development area. This site is located at 333 W Maple Street. One of the existing structures falls within the existing Alley. We are requesting the Alley be vacated according to the attached exhibit. Should you have any questions, or require any additional information, please contact us at your convenience. Sincerely, Sean Johnson Survey Project Manager Planning Commission October 14, 2024 8 (UNIVERSITY BAPTIST CHURCH) Paqe 4 of 10 PETITION TO VACATE an Alley located between parcels 765-04331-000 & 765-04334-100 of Lots 1 & 2 of Block 4 of County Court 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 alley hereinafter sought to be abandoned and vacated, lying between parcels 765-04331-000 & 765-04334-100 of Lots 1 & 2 of Block 4 of County Court Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described in the attached Exhibit. A 30 FOOT WIDE ALLEY BETWEEN LOT 1 AND LOT 2 OF BLOCK 4 OF COUNTY COURT ADDITION AS PER PLAT RECORD 0004-00000002 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE THEREOF S00002'27"E 500.94 FEET TO THE NORTH RIGHT-OF- WAY OF WEST LAFAYETTE STREET; THENCE ALONG SAID RIGHT-OF-WAY N90000'00"W 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE THEREOF N00002'27"W 500.11 FEET TO THE SOUTH RIGHT-OF- WAY OF WEST MAPLE STREET; THENCE ALONG SAID RIGHT-OF-WAY N82046'55"E 6.85 FEET; THENCE ALONG SAID RIGHT-OF-WAY S89056'28"E 23.20 FEET TO THE POINT OF BEGINNING, CONTAINING 0.34 ACRES, MORE OR LESS. SUBJECTTO: 80'X 30'SWEPCO UTILITY EASEMENT TO REMAIN. The abutting real estate affected by said abandonment of the alley are parcels 765-04331-000, 765- 04334-100, 765-04333-000, 765-04329-000, 765-04332-000, 765-04334-000, 765-04335-000 & 765-04330-000, City of Fayetteville, used by the public for a period of many years, and the public interest and welfare would not be adversely affected by the abandonment of the portion of the described alley. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further request that the described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully request 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 alley of the public for the use of said alley. Planning Commission October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 5 of 10 Dated this 14 day of August . 20 24 Stephen Martin, Associate Pastor Printed Name Signature Planning Commission October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 6 of 10 EXHIBIT 80' X 30' SWEPCO UTILITY ESMT TO REMAIN LOT 1 BLOCK 4 PLAT RECORD 0004-00000002 UNIVERSITY BAPTIST CHURCH DEED RECORDS 514-57, 678-483, 682-444, 688-448, 698-301, 698-302, 738-109, 744-491, 744-492 & 874-337 W MAPLE ST g L3 P.O.B. ALLEY VACATION NW CORNER LOT 2 BLOCK 4 LOT 2 BLOCK 4 ' PLAT RECORD 0004-00000002 UNIVERSITY BAPTIST CHURCH DEED RECORD 453-508 m L1 3 W LAFAYETTE ST ° o rD w % a N w�77 �N ^ N � N ^ n NO N M Z M � ^ a 1 M � U °z � n 2 CE; io O w Z N w NOTE: a m THIS ALLEY VACATION EXHIBIT IS A GRAPHICAL REPRESENTATION OF THE ALLEY VACATION DESCRIPTION, AND DOES NOT CONSTITUTE A Z o BOUNDARY SURVEY. 3xa <0� 1 OF 1 24301601 08/13/2024 GRAPHIC N :• • :• PARCEL LINE TABLE LINE DIRECTION LENGTH L1 N90' 00' WW 30.00' L2 N82' 46' WE 6.85' L3 S89' 56' 28"E 23.20' 300 N College Ave., Suite 317 Fayetteville, Arkansas 72703 Crafton Tull Planning Commission 479.636.4838 t October 14, 2Pq 4 craftontull.com Paqe 7 of 10 VAC-2024-0018 One Mile View W W. P-1 Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area R-O 314 W. LAFAYETTE ST NORTH 0 0.13 0.25 0.5 Miles Q RMF24MI Subject Property 1 1 MSC I I 1i 1 1 1 0 Pla<Lits _ Fayg I 67A zoning = I-2 Ganarel Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION �NSG =E-1 RI-U COMMERCIAL RI-iz Reside ial-GFue NS-L C-1 nasmanY&l erlcunurel c-2 RSF-.5 C-3 I, — FORM BASED DISTRICTS Rs" I=Downtown Gore SF< Urban nwroughhr RSF-) Maln Street Center RSFA Downlmm Generel RSF-18 o...nity Servi.a RESIDENTIALMULTI-FAMILY Neighborhood Sery RMF. Neighborhood Conurredon RM112 PLANNED ZONING DISTRICTS RMF-18 Commercial. Industrial. Residential RMF-sa INSTITUTIONAL RM P-1 INDUSTRIAL I-1 Heavy CommarclalaM Light lndusidal annlnq Commission October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Page 8 of 10 VAC-2024-0018 Close Up View w a z O CO) J E I 1 1 1 1 1 1 1 1 1 MSC 1 1 I 1 1 1 1 1 Urban Center Alley Residential Link Planning Area - - Fayetteville City Limits — — — Shared -Use Paved Trail _ Design Overlay District 314 W. LAFAYETTE ST i UJI Q Q J x O RSF-4 z J Subject Property LAFAYETTEST— NC 0 O 2 J O N n a� s O � NORTH Feet 0 75 150 300 450 600 1:2,400 RSF-4 RI-U RMF-40 Main Street Center Downtown General Neighborhood Conservation October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 9 of 10 vac-2024-0018 314 W. LAFAYETTE ST Current Land Use NORTH � Q •�• t W - Mixed Density Residential Q Subject Property �T Mixed Density Residential Mixed Density Residential 77 1 As N - LU Mixed Density Residential Commercial ' DICKSON ST12 = �' Urban Center FEMA Flood Hazard Data Alley Residential Link 100-Year Floodplain - - - Trail (Proposed) Feet Floodway Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits _ Design Overlay District :3,600 anninq Commission October 14, 2024 VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH) Paqe 10 of 10 PETITION TO VACATE an Alley located between parcels 765-04331-000 & 765-04334-100 of Lots 1 & 2 of Block 4 of County Court 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 alley hereinafter sought to be abandoned and vacated, lying between parcels 765-04331-000 & 765-04334-100 of Lots 1 & 2 of Block 4 of County Court Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described in the attached Exhibit. A 30 FOOT WIDE ALLEY BETWEEN LOT 1 AND LOT 2 OF BLOCK 4 OF COUNTY COURT ADDITION AS PER PLAT RECORD 0004-00000002 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE THEREOF S00002'27"E 500.94 FEET TO THE NORTH RIGHT-OF- WAY OF WEST LAFAYETTE STREET; THENCE ALONG SAID RIGHT-OF-WAY N90000'00"W 30.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE ALONG THE EAST LINE THEREOF N00002'27"W 500.11 FEET TO THE SOUTH RIGHT-OF- WAY OF WEST MAPLE STREET; THENCE ALONG SAID RIGHT-OF-WAY N82046'55"E 6.85 FEET; THENCE ALONG SAID RIGHT-OF-WAY S89056'28"E 23.20 FEET TO THE POINT OF BEGINNING, CONTAINING 0.34 ACRES, MORE OR LESS. SUBJECT TO: 80'X30'SWEPCO UTILITY EASEMENT TO REMAIN. The abutting real estate affected by said abandonment of the alley are parcels 765-04331-000, 765 04334-100, 765-04333-000, 765-04329-000, 765-04332-000, 765-04334-000, 765-04335-000 & 765-04330-000, City of Fayetteville, used by the public for a period of many years, and the public interest and welfare would not be adversely affected by the abandonment of the portion of the described alley. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further request that the described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully request 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 alley of the public for the use of said alley. Dated this day of , 20 Printed Name Signature Form v1.54 NV‘ AoN nledia RECEIVED Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 1 9 2024 113 W MOUNTAIN CITY OF FAYETTEVICE L FAYE'I"I'EVILLE, AR 72701 CITY CLERK'S OFFI Ad number#: 457243 PO#: Matter of: ORD 6802 AFFIDAVIT•STATE OF ARKANSAS I 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 ofARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6802 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$130.72. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/17/24;NWA nwaonline.com 11/17/24 ?74>1.c.Fle—ota4e-z -g)(17.•zor Legal Cl ,„o„�,i .::, , State ofARKANSAS,County of Sebastian of•,"12z a� f f`�A Subscribed and sworn to before me on this 18th day of November, 2024 >" ,OT AR y - cr''' PUBLIC z C------)D (?e , 0, CCU,.-{.1 OTARY PUBLIC ""' • ORDICE:6802 File Number:NAN 2024-660 VACATION-2024-0018: (314 W.LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH,484): AN ORDINANCE TO APPROVE VAC-24-18 FOR PROPERTY LO- CATED AT 314 WEST LAFAYETTE STREET IN WARD 2 TO VACATE 0.34 ACRES 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 Council of the City of Fayet- teville,Arkansas hereby vacates the portion of street right-of- way as described in Exhibit B attached to the Planning De- partment's memo. Section 2:A copy of this Ordi- nance duly certified by the City Clerk along with the map at- tached as Exhibit A to the Plan- ning Department's memo shall be flied In the office of the Washington County Circuit Clerk. Section 3:This vacation ap- proval is subject to the following conditions: 1.Any damage or relocation of existing facilities will be at the property owner/developer's expense;and 2.An 80'x 30'utility ease- ment shall be dedicated over the northernmost portion of the right-of-way to be vacated as shown on the Exhibit C attached to the Planning Department's memo, PASSED and APPROVED on November 12,2024 Approved: Lioneld Jordan,Mayor Attest: Jackson Shelton, Senior Deputy City Clerk This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:S130.72 November 17,2024 457243