HomeMy WebLinkAboutOrdinance 4614ORDINANCE NO. 4614
AN ORDINANCE APPROVING VAC 04-1119 TO VACATE AND
ABANDON T OF THE EXISTING 159 UTILITY EASEMENTS ON
THE WEST SIDE OF LOT 5B AND THE EAST SIDE OF LOT 5A
AS DEPICTED ON THE ATTACHED MAP AND LEGAL
DESCRIPTION
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 platted utility
easement 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 of Fayetteville, Arkansas hereby vacates and abandons the
following described utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
PASSED and APPROVED this 17`" day of August, 2004.
APPROVED:
ATT
By:
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EXHIBIT "A"
VAC 04-1119
A PART OF LOT 5A IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION, PHASE V. TO
THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTIUCLARLY DESCRIBED AS
FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5,
THENCE S89056'3599W 7.009, THENCE N00008'50"E 27.00 ` FOR THE POINT OF
BEGINNING AND RUNNING THENCE S89056135"W 8.005, THENCE N00008350"E 277.12%
THENCE N8905211699E 8.005, THENCE S00008'50"W 277.123 TO THE POINT OF
BEGINNING. CONTAINING 0.05 ACRES, MORE OR LESS.
A PART OF LOT 5 IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION PHASE V, TO
THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WITH: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5,
THENCE N89056'35"E 7.001, THENCE N00008150"E 27.00' FOR THE POINT OF
BEGINNING AND RUNNING THENCE N00008'50"E 277.06', THENCE N89052116"E 8.00%
THENCE S00008150"W 277.06% THENCE S89056'35"W 8.003 TO THE POINT OF
BEGINNING. CONTAINING 0.05 ACRES, MORE OR LESS.
0,
VAC04 PETRINO LOT 5 PINE VALLEY
Close Up View
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I certify this instrument was filed on
09/09/2004 02:30:06 PM
and recorded in Real Estate
File Number 2004-00037322
Bette Stamps - ircuit Clerk
by
NAME OF FILE: Ordinance No. 4614
wlEx. A & Ex. B
CROSS REFERENCE:
Item # Date Document
1 07/15/04 memo to mayor & City Council
2 draft ordinance w/Ex. A & B
3 letter from Blew Land Surveying
4 Petition to Vacate an Easement
5 sampe petition
6 copy of replat
7 copy of plat
8 copy of One Mile View
9 Staff Review
10 copy of §161.13 of the Code of Ordinances
11 letter to Sue Jensen
12 lot split public hearing
13 memo to Sudivision Committee
14 memo to Dawn Warrick
15 Affidavit of Publication
16
17
18
19
20
21
22
23
24
25
NOTES:
09/09/04 filed at Wash. Co. Circuit Clerk
d21�
• City Council Meetin*f August 03, 2004
Agenda Item Number 44
CITY COUNCIL AGENDA MEMO VlaC oy -1 / 11
55
To: Mayor and City Councilses�
Thru: Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: July 15, 2004
Subject: Easement Vacation for Lot 5 Pine Valley (VAC 04-1 119)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating portions of utility
easements along the east side of Lot 5A and the west side of Lot 513, as described and
depicted herein.
BACKGROUND
A lot split to allow a common wall between the proposed two-family dwelling unit was
approved and'recorded for the subject property in December, 2003. The recorded plat
indicated 15-foot building setbacks and utility easements along the side property lines,
exceeding the requirements of the RMF-24 zoning district (8 feet minimum). Upon
application for a building permit, the structure proposed fit within the 8-foot building
setbacks as required by zoning ordinances, however encroached upon the recorded utility
easements on both sides.
Request: The applicant requests to vacate seven feet of the existing 15-foot utility
easements on the west side of Lot 5B and the east side of Lot 5A as described and
depicted in the attached documents, in order to establish more typical easements and
building setbacks and construct a proposed two-family unit on the property.
DISCUSSION
Notification was provided to all utility representatives and adjoining property owners. No
objections were submitted.
The Planning Commission voted 7-0-0 on its consent agenda to forward this item to the
City Council with a recommendation for approval of the vacation request at the regular
meeting of July 12, 2004.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-1119 TO VACATE AND ABANDON
7' OF THE EXISTING 15' UTILITY EASEMENTS ON THE WEST SIDE OF
LOT 5B AND THE EAST SIDE OF LOT 5A AS DEPICTED ON THE
ATTACHED MAP AND LEGAL DESCRIPTION.
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 platted utility
easement 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 of Fayetteville, Arkansas hereby vacates and abandons the
following described utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit `B" shall be filed in the office of
the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this day of , 2004.
ATTEST:
Laz
Sondra Smith, City Clerk
APPROVED:
0
Dan Coody, Mayor
EXHIBIT "A"
VAC 04-1119
A PART OF LOT 5A IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION, PHASE V. TO
THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTIUCLARLY DESCRIBED AS
FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 55
THENCE S8905613535W 7.00% THENCE N00008150"E 27.00 ` FOR THE POINT OF
BEGINNING AND RUNNING THENCE S89056'35"W 8.009, THENCE N00008'50"E 277.12%
THENCE N89052716"E 8.001, THENCE S00008'50"W 277.125 TO THE POINT OF
BEGINNING. CONTAINING 0.05 ACRES, MORE OR LESS.
AND
A PART OF LOT 5 IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION PHASE V. TO
THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID SUBDIVISION IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON
COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WITH: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5,
THENCE N89056'3573E 7.001, THENCE N00008'50"E 27.00' FOR THE POINT OF
BEGINNING AND RUNNING THENCE N00008'50"E 277.062, THENCE N89052' 16"E 8.00%
THENCE S00008'50"W 277.06% THENCE S89056'35"W 8.00' TO THE POINT OF
BEGINNING. CONTAINING 0.05 ACRES, MORE OR LESS.
VAC04-1119 PETRINO LOT 5 PINE VALLEY
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0 0.1 0.2 0.4 0.6 O.Lles Exhibit IIBII
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of July 12, 2004
113 W. Mountain St
Fayetteville, AR 72701
Telephone: 479-575-8264
TO: Fayetteville Planning Commission Members
THRU: Dawn Warrick, AICP, Zoning & Development Administrator
FROM: Jeremy Pate, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: July 8, 2004
VAC 04-1119: Vacation (Lot 5 Pine Valley, pp 363) was submitted by Blew Land Surveying for
property located at Lot 5 of Pine Valley Addition, Phase 5. The request is to vacate a portion of the
existing easements located along the east and west sides of the property. Planner: Jeremy Pate
Findings: See the attached maps and legal descriptions for the exact locations of the requested
utility easement vacation.
Background: The Fayetteville Subdivision Committee, a subcommittee of the Planning
Commission, approved a lot split for the subject property on December 23, 2003, dividing the
parent tract, Lot 5, into two lots of 0.31 acres apiece. The requested split was to allow a common
wall between the two-family dwelling unit, while still enabling the developer to sell the units
individually. The lot split was approved with (3) conditions, one of which limited the
development on the lots to one (1) two-family dwellings in total. In the recording of the plat, a
15-foot building setback and utility easement were labeled on the plat, where this zoning district,
RMF-24, requires only 8 feet per side. Though the building setback may be modified to conform
to zoning district regulations, the public easement is recorded at the county, and requires formal
vacation in order to encroach into said area.
Request: The applicant requests to vacate seven feet of the existing 15-foot utility easements on
the west side of Lot 5B and the east side of Lot 5A as described and depicted in the attached
documents.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections
SW Bell INo Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Recommendation: Staff recommends approval of the proposed easement vacation 04-1119.
PLANNING COMMISSION ACTION: yes Required
Date: July 12, 2004
_,LApproved Denied
'}o teo"srnt lInji)
The "CONDITIONS OF APPROVAL beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
BLEW LAND SURVEYING, INC.
524 W. SYCAMORE, SUITE 4 ° FAYETTEVILLE, AR 72703
PHONE 479-443-4506 ° FAX: 479-582-1883
BOUNDARY ° TOPO ° P.TK GPS ° CONSTRUCTION
May 11, 2004.
To Whom It May Concern:
The purpose of vacating the utility easements on lots 5A and 5B of Pine Valley
Addition, Phase 5, to the City of Fayetteville, Arkansas is to allow the owner of hereon
stated property to complete the construction of a duplex. The size and shape of the
proposed duplex is similar to the existing duplexes in Pine Valley Addition. The side
utility easements of lot 5 were increased to 15 ft. wide at the time of the lot split approval.
The pre-existing utility easement was 8 ft. We are requesting that the additional 7 ft. on
each side be vacated. If you have any questions, please feel free to call.
Thank you,
�.
Aa
Kim Markham
Blew Land Surveying, Inc.
(479)443-4506
PETPITON TO VACATE AN EASEMENT, LOCATED IN LOT 5, PINE
VALLEY, PHASE V. TO THE CITY OF FAYETTEVILLE, ARKANSAS,
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement
hereinafter sought to be abandoned and vacated, lying in lot 5, Pine Valley, phase 5, City
of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which
is described as follows:
A PART OF LOT 5A IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION,
PHASE V. TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF
SAID SUBDIVISION IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 5, THENCE S89P56135"W 7.00% THENCE
N00008'50"E 27.00' FOR THE POINT OF BEGINNING AND RUNNING THENCE
S89056'35"W 8.001, THENCE N00008'50"E 277.12'. THENCE N89052'16"E 8.00%
iHENCE S00008'50"W 277.12' TO THE POINT OF BEGINNING. CONTAINING 0.05
ACRES, MORE OR LESS.
ME
A PART OF LOT 5 IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION,
PHASE V, TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT OF
SAID SUBDIVISION IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE
SOUTHWEST CORNER OF SAID LOT 5, THENCE N89056'35"E 7.00', THENCE
N00008'50"E 27.00' FOR THE POINT OF BEGINNING AND RUNNING THENCE
N00008'50"E 277.06, THENCE N89052'16"E 8.00', THENCE S00008'50"W 277.06',
THENCE S89056'35"W 8.00' TO THE POINT OF BEGINNING. CONTAINING 0.05
ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement in lots 4 and
6, Pine Valley, phase 5. City of Fayetteville used by the public for a period of many
years, and that the public interest and welfare would not be adversely affected by the
abandonment of the portion of the above described easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described real estate, subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate be vested in the abutting
property owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of
the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
subject to said utility and sewer easements, and that title to said real estate sought to be
abandoned be vested in the abutting property owners as provided by law, and as to that
particular land the owners be free from the easements of the public for the use of said
easement.
Dated this day of 20
Printed name
Signature
Printed name
Signature
SAMPLE PETITION•
PETITION TO VACATE A(N) (alley, easement,
right-of-way)
LOCATED IN (lot,
block, subdivision), 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, easement, right-of-way) hereinafter
sought to be abandoned and vacated, lying in (lot, block, subdivision), City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate a(n) (alley, easement, right-of-way) which is described as follows:
(Legal Description of area to be vacated)
That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision ofeach adjoinging
lot to the area requested to be vacated) City of Fayetteville used by the public for a period of many years, and that
the public interest and welfare would not be adversely affected by the abandonment of the portion of the above
described (alley, easement, 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.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that
title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and. as
to that particular land the owners be free from the easements of the public for the use of said alley.
Dated this _ day of , 20
printed name
signature
• Note: This is a sample - each applicant is responsible for submitting a petition which accurately reflects
their specific request.
February 2004
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STAFF REVI0 FORM - NON -FINANCIAL OBLIGOON
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: August 3, 2004
FROM:
Dawn Warrick Planning CP&E
Name Division Department
ACTION REQUIRED: Ordinance approval.
SUMMARY EXPLANATION:
VAC 04-1119: Vacation (Petrino, pp 363) was submitted by Blew Land Surveying for property located at Lot
5 of the Pine Valley Addition, Phase V. The request is to vacate a portion of the existing easement located
along the east side of Lot 5A and the west side of Lot 5B.
STAFF RECOMMENDATION: Approval.
Department Director
Financ & Internal Services Dir.
Received in Mayor's Office /Oq
Oak Date ,Q
7/ lyl�I f
Date
Date
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Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
% V % - Z / �V y Orig: Contract Number:
Chief inistrative Officer Date
ci4 New Item:
2
Mayor Date
Yes No
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From Chapter 161— Fayetteville UDC
161.13 District Rmf-24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A) Purpose. The RMF-24 Multi -family
Residential District is designed to permit
and encourage the developing of a
variety of dwelling types in suitable
environments in a variety of densities.
(B) Uses.
(1) Permitted uses.
Unit
1
City-wide uses by right
Unit
8
Single-family dwellings
Unit
9
Two-family dwellings
Unit
10
Three-family dwellings
Unit
26
Multi -family dwellings
(2) Conditional uses.
Unit
2
City-wide uses by conditional
use permit
Unit
3
Public protection and utility
facilities
Unit
4
Cultural and recreational
facilities
Unit
11
Manufactured home park
Unit
25
Professional offices
Unit
24
Home occupations
Unit
36
Wireless communications
facilities
(C) Density.
Units per acre 4 to 24
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home
ark
100 ft.
Lot within a
Manufactured home
ark
50 ft.
ft.
-Single-family60
Two-famil
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home
ark
3 acres
Lot within a mobile
home park
41200 sq.
ft.
Townhouses:
*Development
*individual lot
10,000 sq. ft.
2,500 sq. ft.
Sin le- mily
6,000 sq.
ft.
Two-family
7,000 sq.
ft.
Three or more
9,000 sq.
ft.
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
ft.
Apartments:
*No bedroom
1,700 sq.
ft.
*One bedroom
1,700 sq.
ft.
*Two bedroom
2,000 sq.
ft.
Fraternity or Sorority
1,000 sq. ft. per
resident
(E) Setback requirements .
Front
Side
Rear
25 ft.
8 ft.
25 ft.
Cross reference(s)--Variance, Ch.
156.
(F) Height regulations. Any building which
exceeds the height of 20 feet shall be
set back from any side boundary line an
additional distance of one foot for each
foot of height in excess of 20 feet.
(G) Building area. None.
(Code 1965, App. A., Art. 5(III); Ord. No.
2320, 4-6-77; Ord. No. 2700, 2-2-81; Code
1991, §160.033; Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 4178, 8-31-99)
From Chapter 157- Fayetteville UDC •
(D) Side setbacks.
(1) Internal side setbacks may be varied on one side to permit zero lot line development,
provided the side setback opposite the zero lot line is at least 15 feet. On the periphery
of the development no structure shall be placed closer than eight (8) feet to the side
property line. The intent is to allow freedom of design within development, but not to
affect future structure placement on adjoining property.
(2) Side setbacks may be varied to permit common walls between townhouses. There shall
be no specific requirements as to minimum lot width, lot area, or minimum area per
dwelling unit for townhouses or condominiums; but townhouses and condominiums shall
conform to the district densities, setback requirements, height regulations, parking and
access requirements, and all other applicable city ordinances.
From Chapter 151- Fayetteville UDC
Dwelling, two-family. (Zoning) A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
Dwelling unit. (Zoning) One room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental or lease on a weekly,
monthly, or longer basis, and physically separated from any other rooms or dwelling units which
may be in the same structure, and containing independent cooking and sleeping facilities.
Townhouse. (Zoning) Two or more single-family dwelling units constructed in a series of •
attached units with property lines separating each unit.
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St
Fayetteville, AR 72701
Telephone: (479) 57"267
PLANNING DIVISION CORRESPONDENCE
March 4, 2004
Ms. Sue Jensen
1980 N Caton Drive
Fayetteville, AR 72701
RE: Response to neighborhood concerns
Dear Ms. Jensen:
In response to our conversation of last week regarding concerns of your neighborhood, I offer the
following information:
Budgetext
A building permit was issued to allow the alteration of 32,860 saf of space within an existing
• structure changing the use from warehouse to office. The zoning of this property is I-1, Heavy
Commercial Light Industrial. The proposed use of office is permitted by right in this zoning
district. Modifications to the existing parking areas are included in this proposal. The applicant
will be adding parking to accommodate new use areas within the structure as required by § 172.01
which states the various parking ratios based on use.
Improvements to public infrastructure are not placed on a project at the time of issuance of a
building permit. Street and other off -site improvements are required when a large scale
development or subdivision is proposed and reviewed by the Planning Commission.
The various phases of the Point West subdivision were reviewed by Planning Commission with
improvements assessed for on -site as well as off -site and delayed improvements based upon the
impact of the development. The Point West subdivision was reviewed as a subdivision of
industrial property containing a total of 37 lots on which projects could be developed. The use of
any property within this subdivision is restricted to those uses permitted by right within the I-1,
Heavy Commercial, Light Industrial zoning district.
After the project has built out, if there are new demands placed on public infrastructure in the
area which were not deemed to he the responsibility of that subdivision or large scale
development, the responsibility for those improvements is the City's. To manage these needs, the
City adopts a capital improvements plan (CIP) identifying necessary improvements which are
prioritized and funded at the discretion of the City Council.
• K.-IDa"V7004 Corrapondenmyensen_rejponsedoo
Mt. Comfort Rd. / Shiloh Drive intersection •
The City's adopted CIP for 2004-2008 does identify acquisition of right of way for
improvements at the intersection of Mt. Comfort Rd. and Shiloh Drive. This project is
anticipated to cost 1.5 million dollars between 2005 and 2008. After right of way acquisition is
complete, engineering, design and installation of the approved improvement will need to be
scheduled in the CIP. The City Council revisits the CIP biannually to review priorities and assess
new needs.
Shiloh Drive Extension
The extension of Shiloh Drive south to Dorothy Jeane St. is identified, in the adopted CIP
document as an unfunded project. The project is estimated to cost approximately 1.6 million
dollars. (more information about the City's CIP may be found at www.accessfayetteville.org)
Lot split — Lot 5. Pine Valley Phase V
An application for lot split approval was submitted by Sandra Petrino and Ed Prince, represented
by Blew Land Surveying on December 4, 2003. This application was to allow the division of lot
5, Phase V, Pine Valley into two equal lots providing the applicant the ability to build two
townhomes on this property. Under current zoning regulations, zero lot lines may be allowed for
townhome development (see attached code reference).
This application was processed as any other development request meeting the same submittal
deadline. I have attached a schedule of meetings with descriptions for your reference. You will
see that this item was heard by the Technical Plat Review Committee on December 17, 2003 and •
then at the Subdivision Committee on December 30, 2003.
Public notification is required to be posted and placed in the newspaper for this type of item. A
red public hearing sign was posted on the subject property, and a notice of public hearing was
placed in the newspaper (NWA Times). As a courtesy, the Planning Division routinely sends
notices to adjoining property owners using contact information submitted by the project
applicant. I have attached a copy of the notice which was mailed to adjoining property owners.
This letter was dated and sent on December 22, 2003. Also attached is a copy of the sign
information from the public hearing sign that was posted on the site.
The notice which is posted in the newspaper and the information placed on the public hearing
sign also state the dates of public hearings relating to development requests. In accordance with
the Unified Development Code and Planning Commission bylaws, certain types of developments
may be approved by the Subdivision Committee.
This lot split was approved unanimously by the Subdivision Committee on December 30, 2003.
A copy of the staff report for this item is also attached.
Building permits were requested for the two resulting lots in order for townhomes to be
constructed. The issuance of these permits is allowed under City zoning and development
regulations.
K. DawnT004 Corr pondeueyJ en reapo dw •
I believe that I have covered the information that we discussed. Should you require additional
information or have questions, please feel free to contact the Planning Division at 575-8267.
Sincerely,
Dawn T. Warrick, A1CP
Zoning & Development Administrator
cc: Tim Conklin, CP&E Services Director
Courtney McDade, Neighborhood Coordinator
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K:IDawn11004 Corrapondm¢y'en n mpvwadm
From Unified Development Code, City of Fayetteville
(D)Side setbacks.
(1) Internal side setbacks may be varied on one side to permit zero lot line
development, provided the side setback opposite the zero lot line is at least 15
feet. On the periphery of the development no structure shall be placed closer than
eight (8) feet to the side property line. The intent is to allow freedom of design
within development, but not to affect future structure placement on adjoining
property.
(2) Side setbacks may be varied to permit common walls between townhouses There
shall be no specific requirements as to minimum lot width, lot area or minimum
area per dwelling unit for townhouses or condominiums: but townhouses and
condominiums shall conform to the district densities, setback requirements height
regulations, parkins; and access requirements and all other applicable city
ordinances.
0'
•
• From Fayell"ille Planning Commission Bylaws
ARTICLE IV. COMMITTEES
C. A Subdivision Committee consisting of at least three Planning Commissioners
shall serve as a standing committeethat reviews development items after
Technical Plat Review and makes recommendations to the Planning Commission;
the remaining six (6) members of the Planning Commission shall be named as
alternates who shall sit with full voting rights in lieu of a regular member or
members who are absent from the meeting. The Chair shall designate the order of
alternates. The developer is required to give notice to adjacent property owners
and provide proof of same to the Planning Administrator at least seven (7) days
prior to the Subdivision Committee meeting.
The Subdivision Committee shall approve, disapprove, refer back to the
developer for more information, or refer to the Planning Commission
development items.
2. For final approval, it shall require a unanimous vote of the Subdivision
Committee to carrv.the followingitems:
ems:
a. Large Scale Developments;
b. Lot Splits;
C. The right to have a rehearing before the full Planning Commission;
d. Final Plats; and,
e. Sidewalk variances for projects other than large scale
developments or subdivisions.
3. No development item can receive final approval at Subdivision Committee
level if waivers are being sought. Any development with a waiver request
(except for sidewalk variances) must be forwarded to Planning
Commission. All preliminary plats shall be referred to the Planning
Commission for action.
•
DATE: December 22, 2003
TO: Adjoining Property Owners
FROM: Dawn Warrick, Zoning and
Development Administrator
The Fayetteville Planning Commission has been asked to review a
proposed Lot Split adjacent to your property.
The Development is described as follows:
LSP 04-04.00: Lot Split (Lot 5, Pine Valley V, pp 94) was submitted by Blew Land
Surveying on behalf. of Sandra Petrino for property located at Lot.5, Phase V of Pine
Valley Addition. The property is zoned RMF-24, Residential Multi -family, 24 units
per acm and contains approximately 0.62 acres. The request is to divide the parent •
tract into two tracts of 0.31 and 0.31 acres each. Planner. Jeremy Pate
Public hearings for this item include:
Subdivision Committee Tuesday December 30, 2003 8:30 am Rin 219
in the City Administration Building at 113 W. Mountain Street You are invited to attend
the meetings, public comment is welcome.' Items can be removed from agendas on short
notice, so please call the Planning Division at 575-8267 to verify the item you are
interested will be heard as stated above.
Applicant Sandra Petrino Prince Phone: 5304100
Address: 1914 E Mission Blvd Fax
Fayetteville AR 03
Representative Blew Land Surveying Phone: 443-4506
Address: 524 W Sycamore St #4 Fax: 582-1883
Fayetteville AR 03
Neighborhood Pine Valley N.A.
Assoc: Phone:
Contact Sue Jensen Email: jensen34@netzero.comom
Staff Planner Jeremy Pate Phone: 57"267
Planning Division 125 W. Mountain Fayettevitle, AR. 72701 479-575-9267 w .acessfayetteville.org
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•
FAYETTEVILLE
THE CITY OF FAV=V.VIIUE ARKANSAS ,
PLANNING DIVISION CORRESPONDENCE
ZSP 04 04 00 •
Pagel
SC Meeting of December 30, 2003
113 W. Mountain SL
Fayetteville, AR 72701
Telephone; 501575-8264
TO: Subdivision Committee Members
FROM: Jeremy Pate, Associate Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: December 23, 2003
LSP 04-04.00: Lot Split (Lot 5, Pine Valley V, pp 94) was submitted by Blew Land Surveying
on behalf of Sandra Petrino for property located at Lot 5, Phase V of Pine Valley Addition. The
property is zoned RMF-24, Residential Multi -family, 24 units per acre and contains
approximately 6.62 acres. The request is to divide the parent tract into two tracts of 0.31 and
0.31 acres each. Planner: Jeremy Pate
Findings:
Proposal: The subject tract was platted as Lot 5 within Pine Valley Subdivision, Phase V, in
April of 2002. The applicant proposes to split the existing lot in half, resulting in two 0.31-acre
tracts. City ordinance allows for a lot to be split and internal side setbacks to be varied on one
side to permit zero lot line development. Side setbacks may be varied to permit common walls •
between townhouses, with provisions (see attached ordinance). There shall be no specific
requirements as to minimum lot width, lot area, or minimum area per dwelling unit, however all
other development regulations remain applicable.
Surrounding Zoning: The property is surrounded by RMF-24, Residential. Multi -Family, 24
DU/Acre, developed predominantly in duplexes (Pine Valley Subdivision). Zoning to the north
includes RSF-4 and P-1.
Right-of-way being dedicated.. Sufficient right-of-way exists along Wildwood Drive.
Recommendation: Staff recommends approval ofLSP 04-04.00 at the Subdivision
Committee level with the following conditions:
Conditions of Approval:
Development within the 100-year floodplain shall require a formal Foodplain
Development permit, in addition to required Grading & Drainage permits.
2. Development on the subject tracts shall be limited to one (1) two-family dwelling unit in
total, in accordance with all applicable City Ordinances and permitting regulations,
K IReportsl2003t5CREPORIM12-30-2003V$P 04-W 00 (Lot 5, hm Valley VJ.doc '.
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LSP 04-04.00
Pape 2
Standard Conditions of Approval:
3. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
Additional conditions:
a
b.
C.
Subdivision Committee Action: & Approval 0 Forwarded to P.C.
Meeting Date: December 30, 2003
Comments:
The "Conditions of Approval' listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
M IRCPOM 20031SCR&POJZM12.40-2003VSP 04-04.00 pa 5, Pim Vafto;) &c
Technical Plat Review
December 17, 2003
Page 12
LSP 04-04.00: Lot Split (Lot 5, Pine Valley pp 94) was submitted by Blew Land
Surveying on behalf of Sandra Petrino for property located at Lot 5, Phase V of Pine
Valley Addition. The property is zoned RMF-24, Residential Multi -Family, 24 units per
acre and contains approximately 0.62 acres. The request is to divide the subject tract into
two tracts of 0.31 acres and 0.31 acres respectively.
Pate: Item five is LSP 04-04.00 for Lot 5 of Pine Valley Phase V submitted by
Blew Land Surveying on behalf of Sandra Petrino. Is there anyone here
for that Lot Split?
Jensen: I am actually here in a little different fashion. I represent the
neighborhood association.
Pate: Ok, so you don't represent the applicant?
Jensen: No.
Pate: We don't take public comment at the Technical Plat meeting. Basically,
we won't hear this item if there is not a representative. Unless someone
shows up we will not hear this item and it will be on the next Technical
Plat Review meeting.
Insert here from end of meeting:
Pate: We will go back a couple of items. Item number five, a Lot Split for Pine
Valley submitted by Blew & Associates. Basically the request here is this
is an existing lot that is platted and pursuant to our ordinance requirements
you can do a zero lot line to sell off each side of this to split the lot down
the middle basically.
Gibson: The only comment I have on this is that our existing is on the north side of
Wildwood Drive.
Pate: What we need from Planning is ordinance requirements for side setbacks,
I've included those and I believe you have met everything that we require.
Also, there should be a certificate of ownership and dedication signature
block added and I've included that as well.
Blew: We are dedicating that 15' on the side.
Pate: Matt?
Matt Casey — Staff Engineer
Casey: Show the existing water and sewer mains out here on Wildwood. Also,
label the Base Flood Elevations for the 10-year floodplain and label the
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Technical Plat Review
December 17, 2003
Page 13
minimum finished floor elevations for each of these lots. It should be 2'
above BFE for each lot. That's all I have.
Pate: There are no additional parks fees because there are no additional units
being added. It is just a reconfiguration of a lot. That is the bulk of our
comments.
•
Subdivision Committee
December 30, 2003
Page 11
LSP 04-04.00: Lot Split (Lot 5, Pine Valley V, pp 94) was submitted by Blew Land
Surveying on behalf of Sandra Petrino for property located at Lot 5, Phase V of Pine
Valley Addition. The property is zoned RMF-24, Residential Multi -family, 24 units per
acre and contains approximately 0.62 acres. The request is to divide the parent tract into
two tracts of 0.31 and 0.31 acres each.
Bunch: The next item on the agenda is also a Lot Split for Lot 5 of the Pine Valley
Subdivision submitted by Blew Land Surveying on behalf of Sandra
Petrino for property in the Pine Valley subdivision. The request is to split
the lot into two parcels. Jeremy, can you give us the staff report on this
please? ,
Pate: This is Lot 5 of the Pine Valley Phase V development off of Wildwood
Drive. It was approved as a Final Plat in April, 2002. The applicant is
proposing to split this existing lot in half resulting two .31 acre tracts.
City ordinance does allow for a lot to be split and internal side setbacks to
be varied on one side to permit zero lot line development. There are no
specific requirements as to minimum lot area or lot width area per
dwelling unit on such a lot. However, all other development regulations
remain applicable. Building permitting has to go through the same
process as well. Sufficient right of way exists along Wildwood Drive so
no additional needs to be dedicated. Staff recommends approval of LSP
04-04.00 at this level with a total of three conditions. Two of which,
number one development in a 100-year floodplain requires formal
floodplain development permits. Development on the subject tract shall
be limited to one two family dwelling unit in total and in accordance with
all other applicable city ordinances and permitting regulations.
Bunch: Since this is a Lot Split, parks, are there any additional comments?
Ohman: No Sir, they met the requirements with the original development of the
Pine Valley subdivision.
Bunch: Engineering, are there any comments?
Casey: No sir.
Bunch: Tree preservation?
Camagey: No Sir.
Bunch: That being said, we will allow you to introduce yourself and tell us about
your project.
Blew: My name is Buckley Blew. I am with Blew Land Surveying. My project
is we are splitting lot 5 Pine Valley Phase V. The owner of the property
CI
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Subdivision Committee
December 30, 2003
Page 12
wants to split the property so they can sell each side of the duplex
separately. That's it.
Bunch: At this time we will take public comment. Is there anyone in the audience
who would like to address the Committee for Pine Valley Phase V lot V?
Seeing none, 1 will bring it back to the Committee for questions,
comments or motions.
Ostner: On condition number two do I understand that to mean a duplex will be
built spanning these two lots?
Pate: That is correct. There will be
a common
wall basically on
the lot line so
there will be one unit per lot as
opposed to
two units on one
lot.
Warrick: I would just add that the construction standard changes when you separate
ownership between two sides of a structure and the building code
addresses that through fire walls and separations or openings. I believe
that the way that this will have to be permitted since it is not already
constructed, there will be two building permits required for this joined
structure since there will be separate ownership on each side. The
construction standard is different. I would just recommend that you
convey to the owner to work with our Building Safety Division to ensure
that they follow the proper code in order to sell these two units separately.
Bunch: Thank you Dawn. This appears to be a very straight forward lot split with
the explanation Ms. Warrick gave us. I would entertain a motion for
approval at this level.
MOTION:
Anthes: So moved.
Ostner: Second.
Bunch: I will concur_ Good luck with your project.
230- WIN
247
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Time & Place Information
• Note: Dates designated with an asterisk (*) on the attached schedule indicate that a holiday has caused a slight
schedule change
Materials Deadline.
All project applications and materials must be received by the Sr. Planning Clerk no later than 10:00 a.m.
on the submittal deadline indicated on the attached schedule. Applications must be complete; if all required
materials are not received, the project will be removed from process and returned to the applicant or
representative. PLATS MUST BE FOLDED
In -/louse Review:
(Staff only)
This is a meeting of staff members from various divisions involved with the development process. Staff
discusses each project and makes recommendations and comments which are provided to the applicant at
the Technical Plat Review meeting.
Technical Plat Review:
Wednesdays, 9:00 a.m., Room 219 - City Hall
The project applicant or representative must be present at this meeting. Staff comments will be
provided and reviewed. Utility representatives will be available at this meeting to discuss easement and
service requirements for the proposed development Each project is reviewed and discussed.
*Revisions are requested based upon this meeting - unless directed otherwise, 30 copies of the revised
project plat are required to be submitted to the Planning Division no later than 10:00 a.m. on the revision
submittal date indicated on the attached schedule. PLATS MUST BE FOLDED / ELEVATION PACKETS
COLLATED AND STAPLED
• Subdivision Committee:
Thursdays, 8:30 a.m., Room 219 - City Hall
The project applicant or representative must be present at this meeting. The Subdivision Committee
(a subcommittee of the Planning Commission) will review and discuss each project. This is a public
hearing and public comments will be taken.
*If revisions are requested as a result of this meeting - unless directed otherwise, 23 copies of the revised
project plat. are required tobe submitted to the Planning Division no later than 10:00 a.m. on the revision
submittal date indicated on the attached schedule. PLATS MUST BE FOLDED / ELEVATION PACKETS
COLLATED AND STAPLED
Agenda Session & Tour.
Thursdays, 3:30 p.m., Planning Division Office, 125 W. Mountain
The full planning commission meets to discuss the agenda for an upcoming meeting. They tour the project
sites and review staff reports, requesting additional information as necessary. The order of the agenda is
finalized. This is a public meeting, applicants or representatives may attend however attendance is not
mandatory.
Planning Commission: .
Mondays, 5:30 p.m., Room 219 - City Hall
The Planning Commission meets every second and fourth Monday. These meetings are open to the public.
The project applicant or representative must be present at this meeting. The Planning Commission
will hear items on the agenda before them and action will be taken at this time. The applicant must be
prepared to answer questions concerning their project.
* Refer to the "Plats Required for Submittal" chart attached to this schedule, applications and available in the office.
"Detailed checklists areincluded on each project application -
"For additional information, please contact the Planning Division at 575-8264.
•
KICALENDAR12oa41DEP& PC ITEMS 77ME& PLACEINFO.DOC
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VAC04-1119
PATRINO LOT 5
PINE VALLEY PH V
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PH. 1
FAYETTEALLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: ClariceBuffalohead-Pearman
City Clerk Division
Date: August 23, 2004
Re: Ordinance No.4614
Attached is a copy of the above ordinance passed by the City Council, August 17, 2004, approving VAC
04-1119 vacating and abandoning of 7 feet of a 15 feet utility easement on west side of Lot 5B and east
side of Lot 5A.
This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please
let the clerk's office know.
Attachment(s)
cc: John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Legcd Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
"y was inserted in the regular editions on
PO# 61 64; ffO
"` Publication Charge: $ /�. iD- QCp
Subscribed and sworn to before me this
day of A-W 2004.
Notary Public
My Commission Expires: 71aS k
" Please do
not
pay
from Affidavit.
An invoice
will
be
sent.
Official Seal
SEAN-MICHAEL ARGO
Notary Public -Arkansas
WASHINGTON COUNTY
My Commission Expires 07-25-2013
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
t
)INANCE APPROVING VAC W-1119 TO VACATE
LANDON 7' OF THE EMSTING 15' OfILrTY EASE -
ON THE WEST SIDE OF LOT 5B AND THE EAST
LOT SA AS DEPICTED ON THE ATTACHED MAP
NAB, the City Council bear the autMrlty under A.C.A. §14-54-104 to vacate public grounds c
s thereof which eie not npuired for corporate purposes, and .
BAB, the City Council bas determined that he following described platted utility easement is m
i for corporate purposes _
TNERBFORB, BE R ORDAINED BY THE CRT COUNCIL OF THE CITY OF FAYET
Le, ARKANB S.
1: That the Qty of Fayetteville, Arka sas hereby vacates and abandons the toadwing describes
3e Exhltxt'A' attached hereto and made a part hereof
stion 2: That e. copy of the Ordinance duty certified by the City Clerk along wind me map anac
Into and labeled EXhlbit •B_ shall be filed in he office of the Recorder of the County and recorde
a Dead Records of the County.
ABBED end APPROVED this 17th day of August, 2004,
'PROVED:
l:
AN GOODY, Illi
TEST
l:
DKDRA SMRN, City Cls6t
EXHIBIT'A'
VAC 04-1119
PART OF LOT SA IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION, PHASE V, TO THE CITY
VErIEVILLE, ARI(ANSAS AS PER PLAT OF SAID SUBDIVISION IN THE OFFICE OF THE rARr.
- SAID LOT 5, THENCE S8W56'35 W 7.00', THENCE N00008'50-E 27.00 FOR THE POIN
;GINNING AND RUNNING THENCE S89'58'35W 8.00', THENCE N000OB'50'E 277.12'. THE
39-52'.16'E 8.00', THENCE S000O8'60'W 277.12' TO THE POINT OF BEGINNING CONTAINING
,RES, MORE OR LESS.
JD
PART OF LOT 5 IN THE RE -PLAT OF LOT 5, PINE VALLEY ADDITION PHASE V. TO THE CIT
YETTEVILLE, ARI<ANSAS AS PER PLAT OF SAID SUBDIVISION IN THE OFFICE OF THE CIR
AID LOT 5, THENCE N89°56'35'E 7.00'. THENCE N00°08'50'E 27.00' FOR 1
NNING AND RUNNING THENCE NO0'08'50-E 277.05', THENCE N89952'16'E I
DB'50'W 277.06', THENCE S89'56'35-W 8.00' TO THE POINT OF BEGINNING.
ACRES, MORE OR LESS.
31T'B' may be Newed at he office of the City Clerk.
