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HomeMy WebLinkAboutOrdinance 6803 iiiiiii11.//101 iiiiiiiiii1iiiiiiiiiiiiiiiiiiiihillhillhilliiiiiiii Doc ID: INANC560004 Type: REL Kind: ORDINANCE Recorded: 11/18/2024 at 02:19:47 PM Fee Amt $30.00 Page 1 of 4 FpYE Washington County, qR oa 'Fk Kyle Sylvester Circuit Clerk �� File2024_00030366 4RKANsk, 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6803 File Number: 2024-661 VACATION-2024-0020: (WEST END OF W.TREADWELL ST./MODUS STUDIO,522): AN ORDINANCE TO APPROVE VAC-24-20 FOR PROPERTY LOCATED AT THE WEST END OF WEST TREADWELL STREET IN WARD 2 TO VACATE 0.22 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 to or relocation of existing facilities will be at the property owner/developer's expense; 2. Water line and existing meters must remain in service to existing customers and full access must be maintained for operation of the lines until such time as the associated buildings are demolished; 3. The existing sewer manhole within the proposed vacation area and the connecting downstream sewer main shall be properly abandoned, unless applicant can demonstrate to the Utilities Department that upcoming development will certainly be tying into this line in the near future; 4. Drainage in the right-of-way shall be revised/designed to avoid damage to downstream properties prior to removal;and 5. An easement plat shall be recorded dedicating utility easements required by Cox, SWEPCO, Black Hills Energy or other utility companies prior to building permit approval. PASSED and APPROVED on November 12,2024 Page 1 Ordinance: 6803 File Number 2024-661 Approved: Attest: ton, Senior Deputy City Clerk ``���1�trtrrTrrrrr FAYETT _ E1� IEEE �GTON CO This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ N 0. 21-� Page 2 VAC-2024-0020 Close Up View 1 0 im Neighborhood Link _A. Institutional Master Plan Alley Residential Link Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits Shared -Use Paved Trail W. TREADWELL ST VAC-2024-0020 EXHIBIT 'A' 'Oak Ridc Trail CENTER ST C� Feet 0 75 150 300 1:2,400 7 11111111M I I TREADWELL-ST- w a Q J Z J_ Z I G MSC 450 PUTMAN•ST RM F-24 RMF-40 Main Street Center ■ Downtown General 600 P-1 VAC-2024-0020 EXHIBIT'B' RIGHT OF WAY VACATION : A PART OF THE NORTHWEST QUARTER OF THE SOUTH WEST QUARTER OF SECTION 15. TOWNSHIP 16 NORTH, RANGE 30 WEST. WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 7 OF I. W. DUNCAN'S ADDITION AS SHOWN IN PLAT BOOK 4, PAGE 192, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING N87207'15"W 66.00 FEET TO THE POINT OF BEGINNING. SAID POINT BEING LOCATED ON THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET. AND RUNNING THENCE S02'52'45"W 50.00 FEET TO THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY OF THE SAID WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE. AND RUNNING ALONG SAID RIGHT OF WAY WEST TREADWELL STREET RIGHT OF WAY N87'07'15' W 195.00 FEET: THENCE NO2-52'45"E 50.00 FEET TO THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET. AND RUNNING ALONG SAID RIGHT OF WAY WWI 195.00 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 0.22 ACRES, OR 9.750 SQUARE FEET. MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. Washington County,AR I certify this instrument was filed on 11/18/2024 02:19:47 PM and recorded in Real Estate File Number 2024-00030366 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 2024-661 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0020: Vacation (WEST END OF W. TREADWELL ST/MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located at THE WEST END OF W. TREADWELL ST in WARD 2. The request is to vacate 0.22 acres of street right-of-way RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2024-0020 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. Water line and existing meters must remain in service to existing customers until such time as the associated buildings are demolished. Full access must be maintained for operation of the lines until that time; 3. Existing sewer manhole within proposed vacation area and connecting downstream sewer main shall be properly abandoned, unless applicant can demonstrate that upcoming development will certainly be tying into this line in the near future; 4. Drainage in right-of-way shall be revised/designed to avoid damage to downstream properties prior to removal; and 5. An easement plat shall be recorded dedicating utility easements required by Cox, SWEPCO, Black Hills Energy or other utility companies prior to building permit approval. BACKGROUND: The subject property is in central Fayetteville directly east of Fayetteville High School's Bulldog Stadium. As right-of-way, the property does not currently have a designated zoning district and is not part of any overlay district. It is bordered by six parcels per the Washington County Assessor, two of which are owned by Fayetteville Public Schools (FPS). Request: The applicant proposes to vacate 0.22 acres of right-of-way that was platted with the Duncan's addition. The right-of-way is currently a roughly 200-foot-long street stub -out which dead -ends into the Fayetteville High School Bulldog Stadium. DISCUSSION: City of Fayetteville staff recommends in favor of the requested right-of-way vacation. All required consent documents from adjacent property owners and franchise utilities have been received by City staff, with no objections or issues identified. Additionally, the FPS facilities to the west, where future street connection could occur, are unlikely to be removed or redeveloped in a manner that necessitates or would benefit from extension of Treadwell. As a result, staff finds that the public's interest is not compromised by vacating this Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 0.22 acre portion of street 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 by a vote of 9-0-0. No public comment was provided either prior to or during the public meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), 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 #: 2024-661 VAC-2024-0020: Vacation (WEST END OF W. TREADWELL ST/MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located at THE WEST END OF W. TREADWELL ST in WARD 2. The request is to vacate 0.22 acres of street right-of-way AN ORDINANCE TO APPROVE VAC-24-20 FOR PROPERTY LOCATED AT THE WEST END OF WEST TREADWELL STREET IN WARD 2 TO VACATE 0.22 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: I. Any damage to or relocation of existing facilities will be at the property owner/developer's expense; 2. Water line and existing meters must remain in service to existing customers and full access must be maintained for operation of the lines until such time as the associated buildings are demolished; 3. The existing sewer manhole within the proposed vacation area and the connecting downstream sewer main shall be properly abandoned, unless applicant can demonstrate to the Utilities Department that upcoming development will certainly be tying into this line in the near future; 4. Drainage in the right-of-way shall be revised/designed to avoid damage to downstream properties prior to removal; and 5. An easement plat shall be recorded dedicating utility easements required by Cox, SWEPCO, Page 1 Ordinance: 6803 File Number: 2024-661 Black Hills Energy or other utility companies prior to building permit approval. Page 2 City of Fayetteville Staff Review Form 2024-661 Legistar File ID 11/7/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 10/18/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0020: Vacation (WEST END OF W. TREADWELL ST/MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located at THE WEST END OF W. TREADWELL ST in WARD 2. The request is to vacate 0.22 acres of street right-of-way. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20210527 Previous Ordinance or Resolution # Approval Date: 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-2024-0020: Vacation (WEST END OF W. TREADWELL ST/MODUS STUDIO, 522): Submitted by MODUS STUDIO for property located at THE WEST END OF W. TREADWELL ST. The request is to vacate 0.22 acres of street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2024-0020 to the City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: `7 move to forward VAC-2024-0020 to City Council with a recommendation of approval and with conditions as outlined by staff. " BACKGROUND: The subject property is in central Fayetteville directly east of Fayetteville High School's Bulldog Stadium. The property does not currently have a designated zoning district and is not part of any overlay district. It is bordered by six parcels per the Washington County Assessor, two of which are owned by the school district. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multifamily Residential RMF-40, Residential Multi -Family, 40 Units per Acre MSC, Main Street Center South Single -Family Residential MSC, Main Street Center East Mixed -Density Residential MSC, Main Street Center West Fayetteville High School P-1, Institutional Proposal: The applicant proposes to vacate 0.22 acres of right-of-way that was platted with the Duncan's addition. The right-of-way is currently a roughly 200-foot-long street stub out which dead -ends into the Fayetteville High School Bulldog Stadium. DISCUSSION: City of Fayetteville staff recommends the requested right-of-way vacation is forwarded to the City Council with a recommendation of approval since all required documents have been provided. Staff finds that while the right-of-way in question abuts six parcels, the County assessor would have to finalize how the right-of-way would get redistributed to the adjacent property. Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 1 of 13 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 Cox lines shall be relocated at the applicant's expense. AEP/SWEPCO SWEPCO to request easements at a later date. Black Hills Energy AR A 15-foot utility easement centered over the existing gas line shall remain. AT&T No objections and no comments. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer Water line and existing meters must remain in service to existing customers until such time the associated buildings are demolished. Full access must be maintained for operation of the lines until that time. Off -site downstream sewer should be removed off -site and properly abandoned to most upstream service from the high school, unless applicant can demonstrate that upcoming development will certainly be tying into this line in the near future. Solid Waste & Recycling No objections and no comments. Transportation Drainage in right-of-way shall be revised/designed to avoid damage to downstream properties prior to removal. Public Comment: Staff have not received any public comment regarding this request. RECOMMENDATION: Staff recommends forwarding VAC-2024-0020 to City Council with the following conditions: Conditions of Approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Water line and existing meters must remain in service to existing customers until such time as the associated buildings are demolished. Full access must be maintained for operation of the lines until that time; 3. Existing sewer manhole within proposed vacation area and connecting downstream sewer main shall be properly abandoned, unless applicant can demonstrate that upcoming development will certainly be tying into this line in the near future; 4. Drainage in right-of-way shall be revised/designed to avoid damage to downstream properties prior to removal; and Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 2 of 13 5. An easement plat shall be recorded dedicating utility easements required by Cox, SWEPCO, Black Hills Energy or other utility companies prior to building permit approval. 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 ote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Staff Exhibit: Sewer Clarification • 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-2024-0020 (MODUS STUDIO) Paqe 3 of 13 Wonsower, Donna From: Watkins, Aaron Sent: Friday, October 11, 2024 8:44 AM To: Wonsower, Donna Cc: Harrison, Gretchen Subject: RE: VAC-2024-0020 Conditions of Approval? Attachments: 04 - site survey.pdf, 01 - ROW vacation request letter_v1.pdf; 06 - petition to vacate.pdf, 08 - utility company sign off.pdf Donna, Thanks for sending those! On the west end of Treadwell there is a sewer manhole that would be included in this vacation. We want to be sure it is properly abandoned without compromising any remaining sewer services. Pleae see the map below: Just let me know if you need more information. 0 Aaron Watkins Water & Sewer Operations Manager City of Fayettevdie. Ar►cansas 479-5 75-8203 wa'• r ,,llavettevrlle-ar cy:.,; 1 J 89 W I rt•.jdM Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 4 of 13 ROW Vacation Request Letter September 4, 2024 City of Fayetteville Development Services 125 West Mountain Street Fayetteville, AR 72701 RE: W. Treadwell (East of Duncan Avenue) We recently completed a rezoning process on the parcels indicated below to transition to Main Street Center. RMF-24 <� 1.7 Acres Proposed Rezoning w 1 r ,1 P-1 2 AaSS We are now requesting the vacation of the existing Street ROW that is the portion of W. Treadwell Street that bisects the newly rezoned properties. Please see attached Site Survey exhibit. L #765-04815-000 LE SCHOOL DISTRICT #1 PO BOX 849 TEVILLE, AR 72702 ZONED: P-1 The purpose of this vacation is to both enhance the developable potential of the property and relieve the city of unneeded infrastructure to maintain. The portion of ROW being discussed holds no intrinsic value for the city and can be redeveloped as a cohesive part of an urban project that meets all goals for infill and City Plan 20240 goals. Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Page 5 of 13 The justification for this vacation can be characterized through the following lens: Infill Assessment. The ROW is located entirely with an Infill Priority score of 12. Reinforcing the City Plan 2040 Goals. The ROW vacation would support many of the City Plan 2040 Goals and Objectives: 1. Goal 1 - We will make appropriate infill and revitalization our highest priority. This site is an exemplar of appropriate infill, located directly adjacent to public schools and the University of Arkansas. a. Goal 1 Objective: Recognize the benefits and cost savings of utility and road infrastructure that already exists in the core of the city. This infill location will fully meet the intent of this goal by improving upon existing infrastructure. b. Goal 1 Objective: Promote the densest development around logical future transit stops. This location will increase density appropriately near current transit locations and promote walkability across all of downtown Fayetteville. c. Goal 1 Objective: Encourage new development that supports and complements the unique characteristics and economic values of employment clusters in and around downtown and the U of A. Positioned directly south of the U of A and a few blocks west of downtown Fayetteville, this site will directly contribute to the unique characteristics of the area for education and housing. 2. Goal 2 - We will discourage suburban sprawl. a. This location is the opposite of suburban sprawl. 3. Goal 3 - We will make compact, complete, and connected development the standard. Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 6 of 13 a. Goal 3 Objective: Require new growth that results in neighborhoods, districts and corridors that are compact, complete, and connected. The proposed rezoning will allow this site to be more compatible with the neighborhood district directly north of the site and complete the Duncan Avenue corridor, which is a conduit directly into the U of A. b. Goal 3 Objective: Prepare a transit -worthy community: increase density in highly walkable areas along logical future transit routes and anticipate rail, street cars and other alternative transit modes. This highly walkable area is located nearby existing transit routes and will further reinforce the critical importance of transit infrastructure for this neighborhood, focused on alternative forms of transportation. 4. Goal 4 - We will grow a livable transportation network. a. The Growth Concept Map "reflects city-wide policies to create diverse, efficient, and well-connected communities that are affordable and rich in local employment, access to transportation, services and culture." (City Plan 2040 p13.) This site is in a neighborhood sandwiched between a Tier 1 Center and a Special District with easy access to both high activity and transit corridors. Conclusion. The adjacent properties, recently rezoned, are intended to be developed as a higher density multifamily project focused on student housing adjacent to the University of Arkansas... exactly where much -needed housing should be located to lessen the overall burden on the city's land and infrastructure usage. Vacating this ROW will ensure compatible and proper site planning that is not arbitrarily bisected by this portion of road and outdated inaccessible ROW. Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 9 of 13 PETITION TO VACATE A PORTION OF W. TREADWELL STREET RIGHT-OF-WAY, SUCH PORTION OF WHICH IS LOCATED BETWEEN LOT 1, BLOCK 6 & LOTS 3, 4, 5, AND 6, BLOCK 7, OF I.W. DUNCAN'S ADDITION, CITY OF FAYETTEVILLE, AR. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting W. Treadwell Street hereinafter sought to be abandoned and vacated, lying between Block 6, Lots 1 & 7 and Block 7, Lots 3, 4, 5, 6, & 7 of I.W. Duncan's Addition, City of Fayetteville, AR, a municipal corporation, petition to vacate a street right-of-way which is described as follows: Legal Description: A PART OF THE NORTHWEST QUARTER OF THE SOUTH WEST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHEAST CORNER OF BLOCK 7 OF I. W. DUNCAN'S ADDITION AS SHOWN IN PLAT BOOK 4, PAGE 192, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WESTTREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING N87°07'15"W 66.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET, AND RUNNING THENCE S02°52'45"W 50.00 FEET TO THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY OF THE SAID WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY WEST TREADWELL STREET RIGHT OF WAY N87°07'15"W 195.00 FEET, THENCE NO2°52'45"E 50.00 FEET TO THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET, AND RUNNING ALONG SAID RIGHT OF WAY S87°07'15"E 195.00 FEETTO THE POINT OF BEGINNING, CONTAINING IN ALL 0.22 ACRES, OR 9,750 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. That the described section of West Treadwell Street to be abandoned has not been used by the public for a period of many years, except as an ingress/egress for the abutting real estate, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above - described street. 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 the said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as that particular land the owners be free from the easements of the public for the use of said street. Planning Commission October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Page 9 of 13 John Adam oli w Aota vu, 09/04/202410:20 AM Dated this day of 2024. International Student Christian Association of Northwest Arkansas, LLC (Kevin Smith, Officer) i<.e\Aw Svv' ttn 09/04/2024 10:S7 AM Dated this day of 12024. South Duncan Properties, LLC- (Vickie Bronson, Authorized Agent) y%c{�% growsow 09/04/2024 10:57 AM Dated this day of 2024. Fayetteville School District #1 Dr. Jpla (ford, Supe to t ted this iytay/-��- 12024. Planning Commission Electronically Sig— using-g,0,line""[Session ID: 78b-3304-3ab-9et4C6]R-2— October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Page 8 of 13 LEGEND _ ®>> �� >2 ��_�`♦gyo>mma- >on a-nnr -Nm- ND ®x®1 Aa _ Aa_m_ o-_ yo s----.-<<- aa _ o ��9 ➢9�� _ <�oz n z n vos��� oaf y ^off �g y25= 8. m m oa c my ace Fnm» MP$.3angm"3mF on v Q� v eQ�so a m so=o Hi 3000 oy y9a9mgN mhm H g OG®e®® o A gg� �v>a Qno �eroo g9 -mo$ Amy og aE��3s��ogo or �=s ��E3�o -gig o��oymo m z- o� m 3 n �xd •• y,�m-2 cogmg off@ of A A PS;- �s son Toyas nm m a Yn�oA zo51ua•'iy� �mN vg zFa- n �nzE� S2 �n zN o ®®®�® ,yd•„ryEY6R/6 g�z - _� n- -_0»8 nn -~ o a y me a 3 m ry�9�n of 8 ■ og �� a g � � m NB212'4I.E51.Ba v _ �� �I9 ■0.4s=z3o•o• N I ES 2°s2 ■ � m � : � D � _ tsss0� ■ : II o -� 49. e• _ +`IN - O�~$ nos i i jmo nm Voyoi VIQ = ��n - o=gI l9 = �oj DZ 'I N021245155.09 - 11 m r— U!Z S03°11.041, ^W 49.74 S �f m � � •I I mi m�s�F��oa � I � Ppa .I j I Im wsVNmb R^^dII o g -Nm 3J •I w I I I � � I -_ n� s� ceRrr r s 22' S EG.Ga as Fm H I i saulx Guxcax avENUE _ l i0' PLAITED PUBLIC RIGHT OF WAY-ASpxAL m a N ➢ AOlYAR' (45-52'M.S.P. RaN-fiESIOENiIAL LINK) `� a N IPIAi BOON 4, PAGE 192) ^ y o N ym� m0]o a2 LY `-- ag I Ana F oy y — a env o"9 FSEMI O O � nln a m i n o 130.08' N4ALE S02 / ? z < < v •4$"YY 18 .08° o/W 502°U45"OT TO II c SOUTH DUNCAN AVENUE o L9-' (SW PIAITED PUBLIC RIGHT OFWAY-ASPHAL y F _ (45' -52M.S.P. RW4- RESIDENTIAL LINK) (PEAT BOOK 4, PAGE 192) — Z I el zK6 R/W R/•• R/N F� SHEET #1 Planning Co ission October VAC-2024-0020 (MODUS STUDIO) PlAaaol0 of 13 October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 10 of 13 VAC-2024-0020 S Close Up View W. TREADWELL ST RMF-24 A01XA - - LU JPDG z 0 Q x Neighborhood Link Institutional Master Plan Alley Residential Link Hillside -Hilltop Overlay District ~ Planning Area Fayetteville City Limits Shared -Use Paved Trail IF Oak Ric Trail CENTERS' z Q t� z G 0 11 TREADWEL• L-ST w a J J x Feet 0 75 150 300 450 600 1:2,400 PUTMAN-ST— NORTH RMF-24 RMF-40 Main Street Center Downtown General P-1 October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Paqe 12 of 12 vac-2024-0020 W. TREADWELL ST Current Land Use NORTH P, - :!l�FEF ! $ v. r � Institutional . j 01 • OR � I kilALL o�� 1 , w .J L ;' ` `� � •� 1 i I, Ili 1 - Subject Property II - ' CENTER'ST LU - Institutional V� Multi -Family Residential ' WA 2 7l` alw — ssoa�ine - Ill srlF go mmmm Neighborhood Link MEMO Institutional Master Plan MEMO Urban Center — Unclassified — Alley Feet — Residential Link Trail (Proposed) 0 112.5 225 450 Planning Area Fayetteville City Limits 1 :3, GV 00 Design Overlay District STONE 675 FEMA Flood Hazard Data 100-Year Floodplain Floodway Eff, October 14, 2024 VAC-2024-0020 (MODUS STUDIO) Pace 13 of 12 Form v1.54 NV\ .1N, nriedia RECEIVED Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 1 9 2024 113 W MOUNTAIN CITY OF FAYETTEVILLE S OFFICE E FAYETTEVILLE,AR 72701 Ad number#: 457250 PO#: Matter of: ORD 6803 AFFIDAVIT•STATE OF ARKANSAS l 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 6803 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$170.24. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/17/24;NWA nwaonline.com 11/17/24 .?1A, I ega1 ClerW GI BR4sy'% State of ARKANSAS,County of Sebastian Subscribed and sworn to before me on this 18th day of November, 2024 :g =?A=y U• - T ,. PU B L\G Oy1• t2 .•Pf /I/llll!,„i\\\ OTARY PUBLIC OReDINANNum CE: 20 6803 Filber: 24-661 VACATION-2024-0020:(WEST END OF W. TREADWELL ST./MODUS STUDIO,522): AN ORDINANCE TO APPROVE VAC-24-20 FOR PROPERTY LO- CATED AT THE WEST END OF WEST TREADWELL STREET IN WARD 2 TO VACATE 0.22 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 FAYE l i EVILLE, 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 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 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; 2.Water line and existing me- ters must remain in service to existing customers and full ac- cess must be maintained for op- eration of the lines until such time as the associated buildings are demolished; 3.The existing sewer man- hole within the proposed vaca- tion area and the connecting downstream sewer main shall be properly abandoned,unless applicant can demonstrate to the Utilities Department that up- coming development will cer- tainly be tying into this line in the near future; 4. Drainage in the right-of- way shall be revised/designed to avoid damage to downstream properties prior to removal;and 5.An easement plat shall be recorded dedicating utility ease- ments required by Cox, SWEPCO,Black Hills Energy or other utility companies prior to building permit approval. 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:$170.24 November 17,2024 457250