HomeMy WebLinkAboutOrdinance 4659ORDINANCE NO.4659
AN ORDINANCE APPROVING VAC 04-1279 SUBMITTED BY
WYMA & C.T. PEARSON FOR AN ALLEY LOCATED AT
BLOCK 3, ROSEHILL ADDITION AS DESCRIBED 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 alley 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 all of
its rights together with the rights of the public generally, in and to the following described20 foot
alley running north and south between Hughes Street and North Street, east of Garland Avenue:
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 r 4y.t"*a al`(� this 215` day of December, 2004.
Z--a apa&SY pc'S.Gp � APPROVE
1.
U•
;FAYETiEVILLE�
.. _ By:
ATTEST:
By:
COODY, Mayor
SMITH, City Clerk
Doc ID: 008123600003 Tvpe: lip 6REL 111111
Recorded: 02/01/2005 at 02:08:18 PM
Fee Amt: $14.00 Page 1 of 3
'Washington Countv. AR
Bette Stamos Circuit Clerk
File2005-00004790
EXHIBIT "A"
AN ALLEY TWENTY (20) FEET IN WIDTH RUNNING NORTH AND SOUTH THROUGH
THE CENTER OF BLOCK THREE (3) OF ROSE HILL ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, WITH LOTS ONE (1), TWO (2), THREE (3) AND FOUR (4)
ABUTTING SAID ALLEY ON THE EAST AND LOTS FIVE (5), SIX (6), SEVEN (7) AND
EIGHT (8) ABUTTING SAID ALLEY ON THE WEST.
VAC04-1279
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Washington County, AR
I certify this instrument was filed on
02/dl/2005 02:08:18 PM
and recorded in Real Estate
File Number 2005-0 04790
Bette Stamps - Circuij Clerk
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CITY COUNCIL AGENDA MEMO
PI4rCV
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Dawn T. Warrick, AICP, Zoning and Development Administrator
Date: December 3, 2004
Subject: Easement Vacation for Pearson (VAC 04-1279)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating an alley between Hughes
and North Street, mid block between Lindell and Oakland.
BACKGROUND
This alley was platted originally with the Rose Hill Addition and was never constructed.
The two adjacent streets that adjoin this property, Lindell Ave. and Oakland Dr., were
also never constructed most likely due to the steep grades to the north of the property.
There are no existing utilities within this alley.
The applicant has submitted the required notification forms to the adjacent property
owners. No adjoining property owners object to the vacation of this alley way. Vacating
this alley would not adversely effect the general public.
The Planning Commission voted 6-0-0 in favor of this request on Monday, November 22,
2004.
BUDGET IMPACT
None.
t
E
I
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 04-1279 SUBMITTED BY WYMA &
C.T. PEARSON FOR AN ALLEY LOCATED AT BLOCK 3, ROSEHILL
ADDITION AS DESCRIBED 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 alley 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 all of
its rights together with the rights of the public generally, in and to the
following described 20 foot alley running north and south between Hughes
Street and North Street, east of Garland Avenue:
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.
APPROVED:
am
ATTEST:
Sondra Smith, City Clerk
Dan Coody, Mayor
E
EXHIBIT "A"
AN ALLEY TWENTY (20) FEET IN WIDTH RUNNING NORTH AND SOUTH THROUGH
THE CENTER OF BLOCK THREE (3) OF ROSE HILL ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, WITH LOTS ONE (1), TWO (2), THREE (3) AND FOUR (4)
ABUTTING SAID ALLEY ON THE EAST AND LOTS FIVE (5), SIX (6), SEVEN (7) AND
EIGHT (8) ABUTTING SAID ALLEY ON THE WEST.
•
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PC Meeting of November 22, 2004
•
7 Ih Ati T EVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Leif Olson, Associate Planner
Brent O'Neal, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: November 16, 2004
VAC 04-1279: Vacation (PEARSON, 444): Submitted by WYMA & C.T. PEARSON
for property located at Block 3, Rose Hill Addition. The property is zoned RMF-40,
MULTI FAMILY - 40 UNITS/ACRE and contains approximately 0.95 acres. The
request is to vacate all of a 20' alley between Hughes and North St., mid -block between
Lindell and Oakland. Planner: LEIF OLSON
Findings:
Background: This alley was platted originally with the Rose Hill Addition to the City of
Fayetteville and was never constructed. The two adjacent streets that adjoin this property,
Lindell Ave and Oakland Dr., were also never constructed probably due to the steep
grade to the north of theproperty..The City of Fayetteville has no utilities within the
existing alley.
Request: The request is to vacate a 20' wide alley running north and south between
Hughes Street and North Street, east of Garland Avenue.
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 I No Objections
Arkansas Western Gas No Objections
SW Bell No Objections
CITY OF FAYETTEVILLE: RESPONSE
K:\RcportsUO04\PC Reports\l 1-22-04\VAC 04-1279 (Pearson).doc
�s��\r►
Addl'hm
November 22, 2004
Planning Commission
VAC 04-1279 (Pearson)
Page 8.1
Water/Sewer
Transportation
Solid Waste
Engineering
No Objections
No Objections
No Objections
No Objections
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners had no objections to the proposed
vacation.
Recommendation: Because of the existing topography and adjacent street patterns staff
feels that it is very unlikely that this alley would ever be constructed: Therefore, staff
recommends approval of the proposed alley vacation VAC 04-1279.
PLANNING COMMISSION ACTION: yes Required
Date: Approved Denied
November 22, 2004
Comments:
The "CONDITIONS OF APPROVAL", beginning on page two of this report, are
accepted in total without exception by the entity requesting approval of this
development item.
QI
Title
CITY COUNCIL ACTION: Yes Required
Approved Denied
Date:
November 22, 2004
Planning Commission
VAC 04-1279 (Pearson)
KAReports\2004TC Reports\l1-22-04\VAC 04-1279 (Pearson).doc Page 8.2
• r
•
161.14 District Rmf40, Residential Multi -Family — Forty Units Per Acre
(A)Purpose. The RMF-40 Multi -family Residential District is designated to protect
existing high density multi -family development and to encourage additional
development of this type where it is desirable.
(B) Uses.
(1) Permitted uses.
Unit 1
City -vide uses by right
Unit 8
Single-familydwellings
Unit 9
Two-family dwellings
Unit 10
Three-family
dwellings
Unit 26
Mufti -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 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre - 16 to 40
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 R
Lot wdhin a manufactured home park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a manufactured
home park
4,200 sq.
ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. R
Single-family
6,000 sq.
ft.
Two-family
6,500 sq.
ft.
Three or more
8,000 sq.
ft.
Fraternity or Sorority
1 acre
K:acpons\2004\PC Reports\I I-22-04\VAC 04-1279 (Pearson).doc
November 22, 2004
Planning Commission
VAC 04-1279 (Pearson)
Page 83
(3) Land area per dwelling unit.
Manufactured home
3,000 sq.
R.
Townhouses & apartments
No bedroom
1,000 sq.
ft
One bedroom
1,000 sq.
ft.
Two or more
1,200 sq.
R
bedrooms
Fraternity or Sormity
500 sq. ft.
per resident
(E) Setback requirements.
Front
Side
Rear
25 R
8 ft.
20 ft.
Cross rererence(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(lV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord.
No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
KAReports\2004\PC Reporls\I I-22-04\VAC 04-1279 (Pearson).doc
November 22, 2004
Planning Commission
VAC 04-1279 (Pearson)
Page 8.4
PETITION TO VACATE ALLEY
PEITHON TO VACATE THE ALLEY LOCATED IN BLOCK 3; OF THE ROSE HILL
ADDITION, CITY OF FAYETTEVILLE, ARKANSAS.
The City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to be abandoned
and vacated, lying in Block 3, of the Rose Hill Addition, City of Fayetteville, Arkansas, a municipal corporation,
petition to vacate an alley which is described as follows:
An alley twenty (20) feet in width running North and South through the center of Block Three (3) of Rose Hill
Addition to the City of Fayetteville, Arkansas, with Lots one (I), two (2), three (3) and four (4) abutting said alley on
the East and Lots five (5), six (6), seven (7) and eight (8) abutting said alley on the west.
That the Petitioners own the abutting real estate affected by said abandonment of the alley are lots south half of 2, 3,
4, 5, 6, 7 and the south half of 8 of block 3 of the Rose Hill Addition, City of Fayetteville has never been used by the
public and that the public interest and welfare would not be adversely affected by the abandonment of the above
described alley. Part of lot 1, the North -'/2 of lot 2 and the North '% of lot 8 constitutes the only property not owned
by petitioners. Subject property is owned by Donald and Suzanne Stanton, whose consent is enclosed herewith.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate,
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
WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, 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 4' " day of ( J.24 , 20f
Printed Nam _
Signature
November 22, 2004
Planning Commission
VAC 04-1279 (Pearson)
Page 85
No St Le
VAC04-1279
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VAC 04-1279 (Pearson)
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November 22, 2004
Planning Commission
VAC 04-1279 (Pearson)
Page 8.9
• City of Fayetteville w
Staff Review Form
City Council Agenda Items
Contracts
21-Dec-04
City Council Meeting Date
Dawn T. Warrick Planning Operations
Submitted By Division Department
Action Required:
Approval of an ordinance vacating an alley located between Hughes and North Street, mid block between Lindell and
$0.00
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
Departmen rec r
Mayor
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Previous Ordinance or Resolution # n/a
Original Contract Date: n/a
Date
Original Contract Number: n/a
12 — (,oO Received in City Clerk's Office
Date
Received
�/iinMayors Office y
I Date I ;a/ / 1)4 10 .
Clarice Pearman - Exhibit Bs Page 1
z
From: Clarice Pearman
To: Thomas, Renee
Subject: Exhibit Bs
Renee, Please get me Exhibit B for item VAC 04-1255 and VAC 04-1279. There are maps in the backup
for these items but none of them say which is Exhibit B.
Thanks.
From: Clarice Pearman
To: Thomas, Renee
Date: 1/6/05 9:13AM
Subject: Re: VAC 04-1255,
VAC 04-1279 and VAC 04-1324
Renee,
Please let me know when to expect the Exhibit B for these items. This the second request for VAC 04-
1255 and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by
Council on 1/4/05. There are maps attached to backup but none designated as Exhibit B. These are
needed for publication and filing at the courthouse. I can't publish without the exhibits nor can I file them
with circuit clerk's office.
Thanks.
CC: Conklin, Tim; Pate, Jeremy
From: Clarice Pearman
To: Williams, Diane
Subject: Ord. 4658 and 4659
Please hold off on publishing these items. I haven't received the Exhibit B for these items as of yet. As
soon I do IT let you know. I can't publish without them being available in our office.
Thanks for your help.
Clarice Pearman - Renee, Page 1
From: Clarice Pearman
To: Thomas, Renee
Date: 1/10/05 3:24PM
Subject: Renee,
Renee,
Please let me know when to expect the Exhibit B for these items. This the third request for VAC 04-1255
and VAC 04-1279 from 12/21/04 meeting. I also need an Exhibit B for VAC 04-1324 passed by Council
on 1/4/05.
There are maps attached to backup but none designated as Exhibit B. These are needed for publication
and filing at the courthouse.
I'd like to get these publish but I can't publish without the exhibits nor can I file them with circuit clerk's
office.
CC: Pate, Jeremy, Conklin, Tim
From: Clarice Pearman
To: Pate, Jeremy
Date: 1/21/05 4:04PM
Subject: Ord. 4658, 4659, 4669
Attached are the ordinances passed by the City Council on December 21, 2004 and January 4, 2005
regarding approval of vacation which now include Ex. Bs.
Thanks.
Clarice
FIDAVIT OF PUBLICATION
do solemnly swear that I am the
Legal Cle of the Arkahsaas Democrat-Gazette/Northwest Arkansas
mes Tine paper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
Nd.Lncj,na� JJW69 was inserted in the regular editions on
C R , A
PO#
** Publication Charge: $ I a %•`t�
Subscribed and sworn to before me this
0 day of 2005.
Notary. Public Williams
My Commission Expires:
** Please do not pay from Affidavit.
An invoice will be sent.
Sharlene D. )
Notary Public
--statIl Arkansas
My Commission Expires
October 18, 2014
RECEnmr)
.JAN P a 2005
n_
`E
P.O. BOX 16.07 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-442-1700 a 479-442-5477 (FAX)
•
AN ORDINANCE APPROVING VAC 041279 SUBMIT-
TED TE WYMB 8 C.T , ROSE
N FOR AN ALLEY - /�7 }/1 /�* T�. ! 1�;
LOCATED AT BLOCK 3 ACHEHILL ADDTI I! AS /u4•YC CY
DESCRIBED ON THE ATTACHED MAP. AND LEGAL'
DESCRIPTION
ARKANSAS
MIHEREABr the Oty Council has the authority under
A.C.A.u�1� -104 to yecate public grounds or portions thereof which ere not required for P,mones
WNERF.118e the City Council has determined that the fallowjng described alley is not requiratl for cor-
porate purpcses..
BE R ORDAINED BY THIS CITY COUNCIL OF THE CRY OF FATET+
Is
Section t: That the City of Fgemr fry' Arkanaas hereby vacates Pool abandons aA of its rights together
wRh the rights of the PUWic generally In and to the UioWr)g descebed20 foot Wiley running north and
south between Hughes Street and North Street, seat of Garland Avenue:
Sea ExNaft W attached hereto and made a Part hereof.
Section 2: that a copy of this Ordinance duty camfed by the City Clerk along with the map areched
hereto and labeled E thibit'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 21 at day of December, 2004. .
EXHIBR'A'
(20) FEET IN WIDTH RUNNING NORTH AND SOUTH THROUGH THE CENTER OF
OF ROSE HILL ADDITION TO THE CITY OF FAYETTEMUE, ARKANSAS, WITH
I (2). THREE (3) AND FOUR (4) ABUTTING SAID ALLEY ON THE EAST AND LOTS
IEN (R AND EIGHT (8) ABUTTING SAID ALLEY ON THE WEST.
is avaliabb for viewing in theis for viewing in the city' ` s office.