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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: TVDe: REL t 02:30:06 PM of 3 lark File4UW4—UUJ37322 4 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 A • j � I =' L P1 ` 4LPiNE P`� I, RMF-24 � _WILDWOOD.D0.__--t------ / T WILDWOOD DR --.\ � � \\ GLENMFADOW DR RSF-4 WEST SI _. .. I-1 � O - ihr I Overview Legend 63000y m000 OeaMy Dkekl ®PMdwl AneOal—FLOODWAY Mwtw$Ywt PMn °MVgr Medal—100YEAR - _ Muter$trwt PMn CaReaOr—500YEM Q FnaxrylE�W eeee Hht CWa ---• LIMIT OF$TLDY _ _ _ eaxLNe Prefea VAC04-1119 Fayetteville Olm CRY • _ , 0 75 150 300 450 600 Feet 0 Washington County$ AR 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 One Mile View Pzoi jlE�{I r_ RSF-1 PI fE C II I� q l 1 - 1 -RSP C 2 II� R 901 R$F-1-�P — RAff 241--"7 RSF- � Ifllaf.�llchll-tl hGIF,IhtIRIIFI a:l!I:1I1.1I :IL•iiliiilltill411n11�?IL��% R'A nooRe-` I ° RA jj 1 1 DR —1 1--RSF-1_ RT 2 %OL L1 ---- -A f 1_I MF 21 IG2.�'R-A f F 1 1 PRil I 112 F AnD {TI r RARA lk - I ✓- L ..r t -i 62 RSF4 1.� Z itaF� G P1 ,y F RSFi C MF 24 I 1- Ri CI Rrfirgit fa `'<" 27 R�zy'l SUBJECT PROPERTY -jiFtRi:4?ralh F'-4-�. iRMF.21NF-24� ; ti - RA r TI HMfdI I ._1 >f u RT 1�l'T4I �`I RMF 2� III RSFi L l l 0.-A r 1 r�tIIRA IRA RMF 2l A RM2a Ta2 12 ,� 11 I11 F4 I _ J l�U lall..�ir\Yv�RT 1? i T. R# I ti L,.R Ruff z1 ' u�. �. 1z- Yr-7c�iiL t sF.a� r Rru e 1 W r I� --t RSF-1 I� t I -lo I RME24 t Rx.0 R �L k-- �"� P. RSF-a 1 LL.LL ! Ali �� '_� al 31 iigMF21fH ryt 12 RT 1Z il�. RMF �. r * J [-ram RtK z41 r �. �.h.,'J.i i1 1 RSF4 , J� N IaMF 24� „'�nff zi ASFi ate--� IT �J ._ r'T- R Fy I� i' o ¢ RSF+r I lyll � RLl 1 aJil_I of f a'f RMF241 cz no ° i. z J ai �'9 r-1 — iLl III R Sr r'l L G1J R--0 IGt f G' ii I I r H6FLiVALLEI:DR r 0.$ �!-�� RSFd i RSFd -1 PMF-24 Gt cz .` FI RSFr µ-LI rl RSF4 !II 11 xsF4 c Ro j -' I' �ti z� ca R srl��j y- RLI g o Rsc 'R I L' L—Il l t MF 24i �d( L y O RMF 21 RSF-1 h T• RSF-0 ICI 1 R# T , I ~I I l RARMF2� C2 \ -O I I� RSFJI pRfi •ys T PDI,—!' I R rRMF 24_ ILI1 IySER�y 6TxT RMF 2t 1----_. �._.___.—_ r -� A _— a RSF-1 TI"�{�� Yv� "aMF zLL l-- u'_ q RMFZ�P -[ r= RMF-II RMF-y� II FT Ji I1 11 �RSFi I I��-l*4 Overview _ Legend _ _ Subject Property Master Street Plan -_ - ❑ VAC04-1 T19 Boundary �.1��Plaewav'Exoreaswzr StreetsrA�i Planning Area 41 PanciWI arsenal - 800000 Minor Arsenal "�exisbW Overlay District �00011IX 000000 j�PW""e:t Outside City •�0, RlstOnc Coeectw 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. 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IM .gam ��/.Ln.I w .3 oo wo� V, k� = f'Iz i N �i s is J l ea .o�..I$ i a s i • ; • VAC04-1119 PETRINO LOT 5 PINE VALLEY One Mile View I ze I P I 11li — �hIIX{IIIIIXiIIMlllb/ °°e y G3 RSF-�� - CT}} o o . 0 I _ o f If ltxlhXlfNIN111X1 IXXIMIXXINiIXNI IMIRrIIFr{[++Ilrllrt . IM41XfINXINfII1NIXlily Y �� a#� �A pa Q �. i B; ut I RTyJ� ]_� 1 Y -�__— _ T ATE DR 4 �+I MFb d+ RA D o } {' .. R# 0 O Z, L2 ao O= r1K A T [^q.I•. R# TI Ir k5N-1,-t-ll' ¢�9i5F� :I IR# o f•y: as f I' ° i s y .� o o P 1 ttu I R 1 1RAR-b R — —U ° r ° r �Z rtTxrRra/ SUBJECT PROPERTY 1 Ifi Y3 �. T! xRA63 N R# o o II F' .. �RSF-a1LII 121P. j21 l-1flT1ZDr RFg�NJ...LL It.-RFt2 L{' Lit200°+ R1/IFI Iza i I#RSiJ R# jl �r T',i1IryI R1#ft#o' p�ugp22 RMF a P. RS�i�^ 2�Rr'itf-a�nap�y-III' TT, A^ + i RAa.3 Irr p III --"— �"'-`-�.-- RW4 jj°-O\�rr # ' sTerzTi 1r�1��.RS�rFII -1 �1_� t_a- G2 I °o -zT � [ I ] J LR iLROEQTT f I °�i�UYDA 1I I a c RSFI' P-t oil II I R i I I'4I I R# [ /s y nra z. �E- —I L� I 4 �� T ,-' RA 10I —r � rTs�34 a'0 I" i l l I I I ii IRSF4 Overview _ Legend _ - Subject Property Master Street Plan -- ❑ VAC04-1119 Boundary F1e°1°er/Frpe y Streets e%o Planning Area PMeNal Medal ao°° �#MM"Meal . E Nuv 4OOo 5 Overlay District �9Cooamr �/ Pmnnm Outside City 00 wsmuc CaBeaur 0 0.1 0.2 0.4 0.6 0.8 Miles 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 T 20-� 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 r,; n V~ i i � • IJ/n/o &OU 40 UAL o�-iii9 • • 0 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. 0 I 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 • • 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 0 • • y �y i�•'�1 y p�.. Q •~ O > .> N N Coll o 0 c� s N RC O y N .. •� 5 0opml CL Cd M �/ `o p V Q w w a it v N O R¢ .01I c� TTe^d {{Ej w �1 H a v� o t S pmog vi 0 � � • O � R cE � OB 0 C cd tb E C. a C Cj p '0.2 a c o U a a a� r =. a� a � �' 3 o V j N E R _c °ca Piz a) ei D `� R Y o V Q� •~ y ❑ y O rn 3 C40) _ • 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 '. is • • 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 • • 0 A • E 0 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 L_J 0 • • I 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 W f7 =® m 1'r1 N =C m m m N SF =i v ��°—aa`�'rsN� CE 3mJ-3Lr'N.'N"YNYN.ehahN�:nEEo A O O 5 N E; �iWN ''M m zp n. gym- N s�C- j i �cM N eY U `yq� O QF� wo N 0+` C=ISN =.3 a m O Oa ga AmuF`� N g T s Ugo N.:'j1 O'1 O C N `l a3Ui W J Ju L 0.NN�N oN#"' "'gym aEia (E E N rn dL `s_'Jc'c p�a"c>. �0' a�ts3rn Gino oa �tgt�um3 N kSa W O W5 W n. nfro m J :5 M J lM m U U 4 O �l�t? 7`-�i Q�.m fn Q 0zZY9 g EN MY ZL6i ME Ig O (0 To�%viffC'yGSNO TomEmg ,OI�nN01f�-� o O W ' Nm'7 NamOm h-ornEEm� N _u m AM n�0O m> m W.€�JCE' �muuo o o¢ yo Z�rmm,�7j➢t., C C E U N O O m = •y N U i9 z: aD ` N; `' e.ON N -N m `mi g o E m ?m% m `m c �n 6u; '_ n rn h- E e E- m om E E •� .� •y a E J Fes` J u m �{ LN m ari ao d m' O J oL w swm aas(W n g mMs»� 29 �'IN anigu c"3i 'o X?m� p N NUF--�s�(LL3�..,x�Q»Q"ffi, tov�O tTZyL,� • . l•1_CLp ONU aaC- > W .O� �m�Rm1� �mom�faOd�'NroF uGa-ic 77 �0 !iNi'= crm "�3o a W gyd`ao J m 'iop cm �m,�Ig Q� < P. U) � O `0 Z t_ n E� t; a s. .� �: .k� Of m i-WWOpon w NsaN�m3aNv?Nm.tridE cc c. B. o �s] z LLGeNm F uJuo "RN m KWUM"AO'0 iaS VQ ->, v n m •T£N 'M 3 shy Ns4 rim m T fS fO42 N W ¢ = O �'a4` Z' m N` <o az aD j ro =� U�` Jyo U"iNmRIMmNy.,Naii� �m£o 3 N m-%c'c3 c- a-m ax". Fn '0 a >. 3 S 1 p J J m m -Mm l U Q5 L W.Ft-3LL�;Q Mh F W N N E N .3 �£i ? N OR a? O m W .0 1q m tm'' m a 2 w at ffi -s W Em m m5 N Y t mcmm-O2•�m `i-rnanx o ma a;j c Q a 00 'fr W m (p' J y.c L rcT '�f o m' N m N= O > U ILo p'_s0 -Nit�kti Q„�{-Jinml 30 ^<. `�k0Nt`V 3t�s (O Ik.cO OLO r2N G�-] N M c itL co F'k Az 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 Page 2 of 3 (S 872620` E—City Datum) i 101 [1228 7 229. G G GO�6.70 M7.ao d1228.00 WE IT 8FE 1�22E8 50 CD I I ILK 27 INC SE Aac do UTlu ..EAPCE78 82�82 — _ 51 NflLD DRIVE 50 R W r ' ��� 1 Taw TOP OF FIRE HYO. 03. I 36 Q ! a=1251.82 21 Lo 1. VAC04-1119 PATRINO LOT 5 PINE VALLEY PH V I NW t1 0 6-1E 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.