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Home My WebLink AboutOrdinance 4700 ORDINANCE NO. 4700 AN ORDINANCE APPROVING VAC 05- 1455 SUBMITTED BY BUCKLEY BLEW FOR PROPERTY LOCATED AT 3187 E. WATERSTONE DRIVE, VACATING A UTILITY EASEMENT AS INDICATED 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 portion of 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. Section 3 : That this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit "C" attached hereto and made a part hereof. PASSED and APPROVED this 3`d day of May, 2005 . %0„1111111,1,,, APPR D: �•``��G�'( Y O,c 6 & 0 =� ' ? By: FAYETTEVILLE ; c _ DAN COODY, Mayor 5;' 9 ATTEST: % s • :QKA m *@ 0'�$b ''stir / ETON G � I'll By. 008812730007 Noe REL SO SMITH, City Clerk Doc Fee Amta 06/ 00 Pae 1tpf2732S9 Pn Weshinaton County . Atclerh � �A ,,,to 00 Gira000w y Filet 5_ •LJ EXHIBIT "A" VAC 05-1455 A 20' UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N00°23' 16"W 15 .00' FROM THE SOUTHEAST CORNER OF LOT 114 OF STONEWOOD SUBDIVISON AND RUNNING THENCE S88040'28"W 352.96', THENCE N31038103"E 23 .82', THENCE N8804012811E 340.391, THENCE S00023' 16"E 20.00' TO THE POINT OF BEGINNING. SAID LOT 114 BEING LOCATED IN STONEWOOD SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. V Close Up View NECESSARY i wI I I I I I 1 i R-A I 7-- --$,rQR�E]N7UX'y RSF NEDR i SUBJECT PROPERTY Ab \ u a ® R.A RO II Overview Legend VAC05-1455 mo� O'eow 0b6itl UMMMMI P'"� ' An,ns — FLOODWA — soD rEAn Macer SUaat Pim e� NWgI Aan11 lffl E R --- I ff OF SNOT Taro Speel Rim LoOetAx _ — . BaeLlee PIONe eMOR FrwNaylE� eeee O Fayetteville - Q amm aq 0 50 100 200 900 400 �/ " ` A111 /y y� - Feet � 7� T Taye iPC Meeting of Apri125 , 2005 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Brent O'Neal, Staff Engineer Suzanne Morgan, Associate Planner THRU : Jeremy Pate., Director of Current Planning DATE : April 18, 2005 VAC 05-1455: Vacation (Necessary, pp 99) was submitted by Buckley Blew of Blew Land Surveying, for property located at 3187 Waterstone, Lot 114 of the Stonewood Subdivision. The property is zoned RSF-4, Residential Single Family, four units per acre, and contains approximately 1 . 12 acres. The request is to vacate a portion of a utility easement on the subject property to construct a swimming pool . Findings: Property description: The subject property is located at Lot 114 of Stonewood Subdivision. This property is currently developed for single family residential use. At the time the subdivision was platted, utility and drainage easements were dedicated along the north, west, and south property lines of Lot 114. Although some of these easements are not utilized, the drainage easement adjacent to the southern property line is utilized for a large drain pipe. Request: The request is to vacate a portion of a platted 20' utility easement on the subject property to construct a swimming pool and related structures. There is an existing 20' utility easement adjacent to the street by which utilities can access the property. 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 Response Arkansas Western Gas No Objections SW Bell No Objections KAReports0005tPC Repon \04-25-05\VAC 05-1455 (Necessary).doc • i CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections with conditions of approval . The drainage easement along the south property shall be converted to a water/sewer/drainage casement. A 7.5 foot water/sewer easement shall be added to the easement along the west property line. The drainage easement on the west side of the lot shall be converted to a water/sewer/drainage easement. Transportation No Objections. The applicant is hereby notified of the existence of a large drain pipe in an easement adjacent to the easement to be vacated. Solid Waste No Objections Engineering 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: Vacating the easement will not adversely affect the property or access to any easements on the property. Therefore, staff recommends approval of the proposed easement vacation VAC 05-1455 with the following conditions: 1 . Further development of this property shall not encroach any existing easement or those required for dedication as condition of this vacation. 2. Dedication of 7.5 ' for a water/sewer easement adjacent to the existing easement along the west property line by separate document. 3. Appropriate documentation shall be filed to convert the existing drainage easement on the west property line to a water/sewer/drainage easement. 4. Appropriate documentation shall be filed to convert the existing drainage easement along the south property to a water/sewer/drainage easement. KAReporls\2005\PC Reports\04-25-05\VAC 05-1455 (Necessary).doc • 0 PLANNING COMMISSION ACTION: yes Required Approved Denied Date: April 25, 2005 Comments: The "CONDITIONS OF APPROVAL", as stated in 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: May 03, 2005 KAReports\2005\PC Reports\04-25-05\VAC 05-1455 (Necessary).doc 0 161.07 District Rsf-4, Residential Single-Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. ( 1 ) Permitted uses. Unit 1 1 City-wide uses by right 11 Unit 8 1 Single-family dwelling (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 9 Two-family dwellings Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Single-familyTwo ,family dwellings dwellin s Units er acre I 4 or less 7 or less (D) Bulk and area regulations. Single-family Two-family dwellings dwellings _ Lot minimum width 70 ft. 80 ft. - Lot area minimum 8,000 sq. ft. 12,000 sq. ft. Land area per 8,000 sq. ft. 6,000 sq. ft. dwellin unit (E) Setback requirements. jiFront 1 Side Rear l 25 ft. 1 8 ft. 20 ft. (F) Height. None. (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, § 160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31 -99) KARepons\2005\PC Reports\04-25-05\VAC 05-1455 (Necessary).doc r Washington County, AR I certify this instrument was filed on 08/20/2005 02:32: 19 PM and recorded in Real Estate File 'Number 2005-00028489 Bette Stamps - Ci@ u't Clerk by 044> 5/3105 City Council Sting of May 17, 2005 7&J Agenda Item Number 05 -/ CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: April 28, 2005 Subject: Easement Vacation for Necessary (VAC 05- 1455) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a 20-foot utility easement along the south side of the subject property, as described and depicted herein. BACKGROUND The subject property is Lot 114 of Stonewood Subdivision, east of Crossover Road. This property is currently developed for single family residential use. At . the time the subdivision was platted, utility and drainage easements were dedicated along the north, west, and south property lines of Lot 114. Although some of these easements are not utilized, the drainage easement adjacent to the southern property line is utilized for a large drain pipe. Request: The request is to vacate a portion of a platted 20' utility easement on the subject property to construct a swimming pool and related structures. Though there is also a 20-foot building setback, a swimming pool and associated patio or decking may be located within the rear building setback if it under 30 inches in height above the adjacent grade. There is an existing 20' utility easement adjacent to the street by which utilities can access the property. No other utilities utilize this utility easement. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners. No objections were submitted. Conditions as requested and pertinent to the subject request are included as a condition of approval. The Planning Commission voted 8-0-0 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 April 25, 2005 . BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1455 SUBMITTED BY BUCKLEY BLEW FOR PROPERTY LOCATED AT 3187 E WATERSTONE DRIVE, VACATING A UTILITY EASEMENT AS INDICATED 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 portion of 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. Section 3 . That this Vacation approval is subject to the conditions of approval listed in the staff report and Planning Commission recommendation as described in Exhibit "C" attached hereto and made a part hereof. PASSED AND APPROVED this day of 2005 . APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 05-1455 A 20' UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS N00023' 16"W 15.00' FROM THE SOUTHEAST CORNER OF LOT 114 OF STONEWOOD SUBDIVISON AND RUNNING THENCE S88040'28"W 352.96', THENCE N31038'03 "E 23 . 82', THENCE N88040128"E 340.391, THENCE 500°23' 16"E 20.00' TO THE POINT OF BEGINNING. SAID LOT f 114 BEING LOCATED IN STONEWOOD SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. ,, c > 7'�( I � PC Meeting of April 25 , 2005 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Brent O'Neal, Staff Engineer Suzanne Morgan, Associate Planner THRU : Jeremy Pate., Director of Current Planning DATE: April 18, 2005 VAC 05-1455: Vacation (Necessary, pp 99) was submitted by Buckley Blew of Blew Land Surveying, for property located at 3187 Waterstone, Lot 114 of the Stonewood Subdivision. The property is zoned RSF-4, Residential Single Family, four units per acre, and contains approximately 1 . 12 acres. The request is to vacate a portion of a utility easement on the subject property to construct a swimming pool. Findings: Property description: The subject property is located at Lot 114 of Stonewood Subdivision. This property is currently developed for single family residential use. At the time the subdivision was platted, utility and drainage easements were dedicated along the north, west, and south property lines of Lot 114. Although some of these easements are not utilized, the drainage easement adjacent to the southern property line is utilized for a large drain pipe. Request: The request is to vacate a portion of a platted 20' utility easement on the subject property to construct a swimming pool and related structures. There is an existing 20' utility easement adjacent to the street by which utilities can access the property. 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/S WEPCO No Response Arkansas Western Gas No Objections SW Bell No Objections KAReports\2005\PC Repons\04-25-05\VAC 05-1455 (Necessary).doc