HomeMy WebLinkAboutOrdinance 4702 ORDINANCE NO, 4702
AN ORDINANCE APPROVING VAC 05- 1435
SUBMITTED BY MATT CRAFTON FOR PROPERTY
LOCATED NEAR 6T" STREET AND HILL AVENUE,,
VACATING RIGHT-OF-WAY FOR DUNCAN AVENUE
AND ANDERSON PLACE ON THE SUBJECT PROPERTY
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
right-of-way is not required for corporate purposes.
WHEREAS, the City Council has determined that the public interest and welfare will not be
adversely affected by the abandonment of the street right-of-way.
WHEREAS, the street connectivity will be maintained with the construction and dedication of
new public streets on the subject property as part of the Aspen Ridge Planned Zoning District project.
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 rights-of-way for
Duncan Avenue and Anderson Place on the subject property, more particularly described as follows:
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 17th day of May, 2005 .
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SO DRA SMITH, City Clerk Fi1e200am 8 1rcult Clerk
GREW00026491
EXHIBIT "A"
VAC 05-1435
PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 16, AND A PART OF THE NORTH
1 /2 OF THE NW 1 /4 OF SECTION 21 , T- 16-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS :
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON PIPE;
THENCE N86014'53"W ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 12.66 FEET; THENCE
S02022'54"W A DISTANCE OF 20. 19 FEET TO THE POINT OF BEGINNING; THENCE
S87004' 12"E A DISTANCE OF 436.75 FEET; THENCE NO2°49'04"E A DISTANCE OF 20.00
FEET; THENCE NO2°23' 10"E A DISTANCE OF 10.00 FEET; THENCE N87°04'09"W A
DISTANCE OF 412.06 FEET; THENCE NO2°22'54"E A DISTANCE OF 270. 15 FEET TO
SOUTH LINE OF ARKANSAS HIGHWAY 180 RIGHT-OF-WAY; THENCE N87°40'49"W A
DISTANCE OF 12.34 FEET TO AN EXISTING ARKANSAS HIGHWAY COMMISSION
RIGHT-OF-WAY MONUMENT; THENCE N87°41 '42"W ALONG THE SOUTH
RIGHT-OF-WAY OF SAID HIGHWAY A DISTANCE OF 12.66 FEET; THENCE S02°22'54"W
A DISTANCE OF 299.89 FEET TO POINT OF BEGINNING, CONTAINING 0.4559 ACRES,
FAYETTEVILLE, ARKANSAS.
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aye evl e 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 : Jeremy Pate, Director of Current Planning
DATE: April 19, 2005
VAC 05-1435: (ASPEN RIDGE, 522/561): Submitted by MATT CRAFTON OF CRAFTON,
TULL & ASSOC. for property located at DUNCAN AVENUE AND ANDERSON PLACE
BETWEEN 6TH STREET AND HILL AVENUE. The property is zoned R-PZD 04- 1307 and
contains approximately 27.969 acres. The request is to vacate rights-of-way within the subject
property.
Property Owner: HANK BROYLES
Property Owner: HAL FORSYTH Planner: JEREMY PATE
FINDINGS :
Background: A Residential Planned Zoning District was approved for the subject property by
the City Council in January, 2005 for an infill development of 220 condominiums. As part of the
development, two on-site streets have been redesigned in a better configuration, to allow for
vehicular and pedestrian connectivity within the future neighborhood. In order to do so, and site
buildings with appropriate distance from the planned streets, the fights-of-way for the existing
Duncan and Anderson Streets are required to be vacated. There are existing utilities located
within these rights-of-way, and conditions are proposed as part of the approval recommendation
to maintain access for regular maintenance of the utilities until they have been relocated, after
which they may be abandoned for the new utilities being installed. The Planning Commission
and City Council did vote in favor of the Planned Zoning District with a determination in favor
of the now requested street vacations, as part of the conditions of approval (see attached).
Request: The request is to vacate a portion of right-of-way for Duncan and Anderson streets on
the subject 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 response received
Cox Communications No Objections
AEP/SWEPCO No Objections
Arkansas Western Gas No Objections. Provide a 20'
K:\Rcports\2005\PC Repons\04-25-05\VAC 05-1435 (Aspen Ridge).doc
utility easement on the south side of
the Hill Street and Oh Street.
SW Bell No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. Water and Sewer
services must be relocated or re-
routed prior to vacation of the rights-
of-way.
Transportation No Objections
Solid Waste No response received
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 the rights-of-way in question would not adversely affect access
to the property or any other adjacent property. A 20-foot utility easement has been provided as
requested by the Gas company (see attached recorded document). Staff recommends approval of
the proposed right-of-way vacation VAC 05- 1435, with the following conditions:
1 . All conditions required by the Water and Wastewater Division for relocation of existing
services, provision of continuous, uninterrupted service to surrounding properties and
abandonment of existing lines as detailed in the memo attached hereto and made a part
hereof shall be the responsibility of the applicant prior to the issuance of building permits
for those structures affected by the requested vacation.
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.
K:\Reports\2005\PC Reports\04-25-05\VAC 05-1435 (Aspen Ridge).dm
By
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
K:\Repcnts\2005\PC Rcpons\04-25-05\VAC 05-1435 (Aspen Ridge).doc
Washington County, AR
1 certify this instrument was filed on
0812012005 02:33:47 PM
and recorded m Real Estate
File 'Number 2005-00028491
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City Council Meeting of May 17, 2005 5117145
Agenda Item Number el 'Q0-
CITY COUNCIL AGENDA MEMO ;l/AC 05_ 1q,5,5
�-
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: April 28, 2005
Subject: Right-of-Way Vacation for Aspen Ridge (VAC 05- 1435)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating existing rights-of-way for
Duncan Street and Anderson Street on subject property, as depicted herein.
BACKGROUND
Background: A Residential Planned Zoning District was approved for the subject
property by the City Council in January, 2005 for an infill development of 220
condominiums. As part of the development, two on-site streets have been redesigned in a
better configuration, to allow for vehicular and pedestrian connectivity within the future
neighborhood. In order to do so, and site buildings with appropriate distance from the
planned streets, the rights-of-way for the existing Duncan and Anderson Streets are
required to be vacated. There are existing utilities located within these rights-of-way, and
conditions are proposed as part of the approval recommendation to maintain access for
regular maintenance of the utilities until they have been relocated, after which they may
be abandoned for the new utilities being installed. The Planning Commission and City
Council did vote in favor of the Planned Zoning District with a determination in favor of
the now requested street vacations, as part of the conditions of approval (see attached).
Request: The request is to vacate a portion of right-of-way for Duncan and Anderson
streets on the subject property.
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 after discussion 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.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 05- 1435 SUBMITTED BY MATT
CRAFTON FOR PROPERTY LOCATED NEAR 6Tn STREET AND HILL
AVENUE, VACATING RIGHT-OF-WAY FOR DUNCAN AVENUE AND
ANDERSON PLACE ON THE SUBJECT PROPERTY.
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
right-of-way is not required for corporate purposes.
WHEREAS, the City Council has determined thatslhe public interest and welfare will not
be adversely affected by the abandonment of the street<f ght4f-way.
WHEREAS, the street connectivity will`�be ^maintained with the construction and
dedication of new public streets on the subject property'as part,,of lhe'Aspen Ridge-Planned Zoning
District project.
NOW, THEREFORE, BE IT ORDAINEDwBX THE CITY4`CCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
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Section 1 . That the City of Fayetteville,'-Arkansas:hereby vacates and abandons all of
itufights together with the rights of.:the public generally, in and to the
Allowing escribed rights-of--way for Duncan Avenue and Anderson Place
on the subject property more'particularly described as follows:
See Exhibit Ak' attached hereto',wfd made apart hereof.
Section 2 `That=a copy ofthis Ordinance duly certified by the City Clerk along with the
map atched fisc t 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 12005.
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
EXHIBIT "A"
VAC 05-1435
PART OF THE SOUTH '/� OF THE SW 1 /4 OF SECTION 16, AND A PART OF THE NORTH
OF THE NW '/< OF SECTION 21 , T- 16-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS :
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1 /4 OF THE
NORTHWEST 1 /4 OF SAID SECTION 21 , SAID POINT BEING AN EXISTING IRON PIPE;
THENCE N86014'53"W ALONG THE NORTH LINE OFjHE NORTHWEST 1 /4 OF THE
NORTHWEST 1 /4 OF SAID SECTION 21 A DISTANCE OF`J2.66 FEET; THENCE
S02022'54"W A DISTANCE OF 20. 19 FEET TO THETP_OINT OF BEGINNING; THENCE
S87°04' 12"E A DISTANCE OF 436.75 FEET; THENCE NO204990411E A DISTANCE OF 20.00
FEET; THENCE NO2°23' 10"E A DISTANCE OF 0.00 FEET; THENCE \N87°04'09"W A
DISTANCE OF 412.06 FEET; THENCE NO2'22'5-4"ESA DISTANCE OF 270. 15 FEET TO
SOUTH LINE OF ARKANSAS HIGHWAY 180 RIGH F-,O WAY; THENCE N87040'49"W A
DISTANCE OF 12.34 FEET TO AN EXISTING ARKANSAS HIGHWAY COMMISSION
RIGHT-OF-WAY MONUMENT; THENCE N87°41 '42":W ALONG THE SOUTH
RIGHT-OF-WAY OF SAID HIGHWAY A�DIS`PANCE OF 12 66FEET; THENCE S02°22'54"W
to .' !, .: ' >
A DISTANCE OF 299.89 FEET TO POINT OF BEGINNING, CONTAINING 0.4559 ACRES,
FAYETTEVILLE, ARKANSAS. �� v `
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ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
To: City Planning
Thru: Engineering
From: David Jurgen, Water/Wastewater
Date: April 18, 2005
Subject: Easement Vacation Request, Aspen dge Subdivision
The easement vacation for South Duncan Avenue and Anderson Place is approved contingent
upon the following:
the sewer lines shall be rerouted, replaced and/or installed in accordance with the
construction plans dated 1 April 2005, produced by Crafton, Tull and Associates;
the sewer lines must provide continuous, uninterrupted service to the properties to the
north through the duration of construction of the sewer lines in said construction plans;
and
the existing 2" water line shall be properly capped and abandoned per said construction
plan.
When the above condition are met, the South Duncan Avenue and Anderson Place right of way
vacation shall take effect, and no easements shall be required within the vacated rights of way
except as coincidentally located therein as identified by the Aspen Ridge easement plat.
Andaw0I=-nmcwk-ea tMar05-02dm
PETITION TO VACATE RIGHTS-OF-WAY LOCATED IN 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 right-of-way and
easements hereinafter sought to be abandoned and vacated, lying in the City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is
described as follows:
Anderson Place and Duncan Avenue between 6th Street and Hill Avenue, further
described as follows:
Part of the South 1 /2 of the SW 1 /4 of Section 16, and a part of the North 1 /2 of
the NW 1/4 of Section 21 , T-16-N, R-30-W, Washington County, Arkansas, being
more particularly described as:
Commencing at the Northeast comer of the Northwest 1/4 of the Northwest 1 /4 of
said Section 21 , said point being an existing iron pipe; thence N86°14'53"W
along the North line of the Northwest 1 /4 of the Northwest 1 /4 of said Section 21
a distance of 12.66 feet; thence S02°22'54"W a distance of 20. 19 feet to the
Point of Beginning; thence S87004'12"E a distance of 436.75 feet; thence
NO2°49'04"E a distance of 20.00 feet; thence NO2`23'1WE a distance of 10.00
feet; thence N87°04'09"W a distance of 412.06 feet; thence NO2°22'54"E a
distance of 270. 15 feet to south tine of Arkansas Highway 180 Right-of-Way;
thence N87040'49"W a distance of 12.34 feet to an existing Arkansas Highway
Commission right-of-way Monument; thence N87041 '42"W along the South
Right-of-Way of said Highway a distance of 12.66 feet; thence S02°22'54"W a
distance of 299.89 feet to the Point of Beginning, containing 0.4559 acres,
Fayetteville, Arkansas.
That the abutting real estate affected by said abandonment of the right-of-way are all
owned by us, that we intend to dedicate new right-of-way to the City of Fayetteville in
conjunction with the Aspen Ridge project, and that the public interest and welfare would
not be adversely affected by the abandonment of the portion of the above described right-
of-way.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described real estate and any 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 us, who are
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
and said utility and sewer easements, and that title to said real estate sought to be
Page 1 of 1
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•
ORDINANCE NO. 4672
AN ORDINANCE ESTABLISHING A RESIDENTIAL
PLANNED ZONING DISTRICT TITLED R-PZD 04-1307,
ASPEN RIDGE LOCATED SOUTH OF 6" STREET,
WEST OF HILL AVENUE, NORTHEAST OF I1TM
STREET ALONG TOWN BRANCH CREEK
CONTAINING APPROXIMATELY 27.969 ACRES,
MORE OR LESS; AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF FAYETTEVILLE; AND
ADOPTING THE ASSOCIATED RESIDENTIAL
DEVELOPMENT PLAN AS APPROVED BY THE
PLANNING COMMISSION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the zone classification of the following described property is
hereby changed as follows:
From RMF-24, Residential Multi Family, 24 units per
acre, to R-PZD 04-1307 as shown in Exhibit "A" attached
hereto and made a part hereof.
Section 2: That the change in zoning classification is based upon the approved
master development plan and development standards as shown on the plat and approved by
the Planning Commission on December 13, 2004.
Section 3: That this ordinance shall take effect and be in full force at such time as
all of the requirements of the development plan have been met.
Section 4: That the official zoning map of the City of Fayetteville, Arkansas, is
hereby amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this 18th day of January, 2005.
By:
SONDRA SMITH, City Clerk
• City Council Meetin�f January 04, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Interim Zoning and Development Administrator ` e
Date: December 15, 2004
Subject: Residential Planned Zoning District for Aspen Ridge (R-PZD 04-1307)
Planning Staff recommends approval of an ordinance creating a Residential Planned
Zoning District (R-PZD) for Aspen Ridge. This action will establish a unique zoning
district for a residential condominium infill development on a 27.969 -acre tract located in
south Fayetteville, near the intersection of Hill Avenue and 6th Street. The proposal
consists of 220 condominium units in two phases.
BACKGROUND
Property Description: The property consists of a total of 27.979 acres located in south
Fayetteville, with access onto 6th Street, Hill Avenue, 11th/Duncan and 12`" Streets
proposed. The site formerly accommodated approximately 49 mobile homes and 6 single
family homes, which have been removed in the past two years by the applicant. The
property is bisected by Town Branch Creek, and is located in the midst of single family
homes, industrial property, and commercial properties. A large percentage of tree canopy
existing on -site has been evaluated by a professional arborist and deemed to be in poor
condition, due to years of abuse, fill and debris. A majority of the tree canopy preserved
and mitigation required is along the creek corridor and along the western portion of the
trail, to aid in the rehabilitation of Town Branch Creek.
Proposal: The applicant requests a rezoning and large scale development approval for a
residential condominium development within a unique R-PZD zoning district. The.
proposed use of the site is for single family attached residential dwelling units consistirig
of 220 units, with a total density of 7.87 DU/acre. A 0.86 -acre public park is proposed, as
well as the dedication of 0.36 acres of land and construction of a public trail through an
old railroad corridor. A large tree preservation area and deed restricted wetland protection
area along the floodplain of the creek is also proposed. Two pedestrian crossings are
proposed across the creek to allow for connectivity to the public trail and surrounding
neighborhoods. Improvements to surrounding streets include curb and gutter on I Ith
Street, a turn lane at Hill and 6th Street, repair of pavement on Duncan, and construction
of Brooks Avenue as a secondary means of access.
• City Council Meeting of January 04,2005
Agenda Item Number
The Planning Commission voted 8-0-0 in favor of this request on Monday, December 13,
2004. Approval of a planned zoning district requires City Council approval as it includes
zoning (land use) as well as development approval (large scale development).
Recommended conditions were approved by the Planning Commission, which are
reflected in the attached staff report.
Public discussion included current drainage and flooding along Town Branch Creek,
traffic flow in the area, wetland areas and affordable housing.
BUDGET IMPACT
None.
PC Meeting of December 13, 2004
THE CITY OF FAYETTEVILLE,.ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Brent O'Neal, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: Dcccmbcr 08, 2001 Revised 12-16-04
R-PZD 04-1307: Planned Zoning District (ASPEN RIDGE, 522/561): Submitted by MATT
CRAFTON CRAFTON, TULL & ASSOC. for property located at THE SW CORNER OF HWY
62, SON HILL AVENUE AND BORDERED BY 11TH STREET AND THE BURLINGTON
NORTHERN RR. The property is zoned RMF-24, MULTIFAMILY - 24 UNITS/ACRE and
contains approximately 27:969 acres. The request is to approve a Residential Planned Zoning
District with 220 condominiums in two phases proposed.
Property Owner: HANK BROYLES Planner: JEREMY PATE
Findings:
Property Description: The property consists of a total of 27.969 acres located in south
Fayetteville, south of Hwy 62 (6th Street), west of Hill Avenue, east of the Railroad, along Town
Branch Creek. The property previously was inhabited by a mobile home park, which was
recently removed by the applicant. Several tons of trash, debris, tires, etc. were separated and
removed from this property, beginning the cleaning up process. A total of 49 mobile homes and
6 single family homes were removed in an effort to combine the property for development. The
applicant has contributed much time and money in an effort to clean this particular site, which is
not readily recognized in the development review process. Approximately half of the site is
underneath tree canopy, the majority of which is located along College Branch Creek, a stream
K. IReports110041PC Reportsll2-l3-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
that bisects the site north and south. This stream, and associated runoff from surrounding
development, has been the source of many neighborhood concerns in past years, due to high
water, flooding and debris being washed into and down the creek during heavy rainfalls. There
are existing wetlands in the area, as well, much of which the developer is proposing to retain or
enhance.
Existing Development: The site is currently vacant, with remnants of the previous mobile home
park development evident.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Hwy 62 — 6 Street, busy arterial
RMF-24, C-2
South
Pinnacle Foods, Single Family
homes, approved MF development
1-2, RMF-24
East
SF homes, Coors, Brenda's Burgers
RMF-24, I-1
West
Burlington -Northern Railroad
RMF-24
Proposal: The applicant requests a rezoning and large scale development approval for a
residential development within a unique R-PZD zoning district. The proposed use of the site is
for a condominium -style development consisting of 220 attached residential dwelling units. Two
separate phases are identified. Phase I consists of 113 units on the east side of College Branch
Creek, and Phase 11 consists of 107 units on the west side of the creek. A future Phase III
consisting of mixed -use office/retail/commercial is indicated on the site plans at the comer of 6th
Street and Hill Avenue, but is not the subject of this request.
Process: Currently, the project proposal is submitted as one large tract of land, consisting of
27.969 acres. There are several independent parcels that create this tract, all of which are being
combined into one for the purposes of development. Plans consist of all proposed buildings,
parking, driveways, public and private streets, landscaping, tree preservation and mitigation,
wetland mitigation, parkland dedication, trail construction, public utility extensions, etc.,
typically reviewed with a Large Scale Development. The developer intends to construct the
project much as a typical multi -family development, with all structures, public infrastructure and
utilities being constructed simultaneously. Though the process by which the request is being
reviewed is a Large Scale Development consisting of 220 condominiums, the intent is to sell
each of the 220 townhomes as a single-family residence and plat each townhome as a separate lot
once the infrastructure has been constructed and the exact locations of the buildings are set in the
field.
To clarify, a condominium and townhome are distinctfrom one another: Condo unit owners
own the inside of their units. Townhouse owners own the complete unit, including exterior
surfaces and the land on which the unit is built.
Condominium: a multiple -unit complex, the units of which are individually owned, with each
owner receiving a deed to the unit purchased ... and sharing in joint ownership of any common
grounds, passageways, etc. (through an established POA/HOA) (paraphrased from Webster 's
K:IReports110041PC Reports111-13-0418-PZD 04-1307 (ASPEN RIDGE) REVISED. doe
S
College Dictionary, 1991). This type of dwelling unit typically does not have land attached to its
deed, it is merely the unit alone, inside the walls of the structure.
Townhome: a row house on a small lot, which has exterior limits common to other similar
units. Title to the unit and its lot is vested in the individual owner with a fractional interest in
common areas, if any. (Source: mortgagewarehousemb.com) A townhouse is a home that is
attached to one or more other houses, but which sits directly on a parcel of land that you also
own (if you don't own the land, it is a condominium).
In order to plat individual lots for the townhomes in the future, an amended Planned Zoning
District plat will have to be processed and approved by the Planning Commission and City
Council, at that time. This will likely take the form of a Concurrent Plat, if it meets the
appropriate criteria. Otherwise, a Preliminary and Final Plat process will be required.
Proposed Land Uses
• Use Unit 1: City-wide Uses by Right
• Use Unit 8: Single Family Dwellings
• Use Unit 26: Multi -family Dwellings — Townhouse development, more than three
attached units.
The total proposed number dwelling units on the 27.969 -acre site is 220, therefore the proposed
density for the R-PZD is 7.87 DU/acre. The project site is currently zoned RMF-24, allowing
for a much higher density of development as a traditional multi -family complex. The potential
for a townhouse -style division of land, the inclusion of the public trail system, a public park, a
large Tree Preservation and riparian corridor protection area, the challenges presented by
existing natural conditions (drainage, slope and railway); all of these contribute to the need to
process a Planned Zoning District in order for the best project to result for both the applicant and
the city.
Building Setbacks: Building setbacks are proposed as indicated on the plat. Most setbacks are 8'
or 10', with an exception at the 6th Street frontage (20 feet) and Duncan/l Ith Street frontage (25
feet).
Building Height: Maximum building height shall be 40 feet.
Greenspace: 51.6% Impervious (greenspace), 48.4% pervious (streets, buildings, trail, parking)
Wetlands: A small percentage of wetlands on the property are being filled and mitigated for in
the riparian corridor along Town Branch Creek. As part of the Corps of Engineers permit to do
so, a buffer area is to be deed -restricted for protection from future development. A portion of this
area will also serve as the Tree Preservation and mitigation area.
Water & Sewer: Water and sewer lines are being extended to serve the development. The
applicant is extending public lines to service each unit individually, in order to legally subdivide
the property in the future.
K:lRepons120041PC ReportslI2-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.doe
Access: Access is from several streets in the area:
North: 6th Street (one-way entrance and exit, with a right -turn only allowed when
exiting)
South: Phase I has no access across the creek.
Phase II : l la' and Duncan
Brooks Avenue and 12th Street. This separate access point is
recommended to provide a safe means of access into Phase 11 and
alleviate potential congestion at the intersection of 11th and
Duncan.
East: Phase I access east to Hill Avenue.
Phase II access south and east onto Duncan/l lth/12th Streets.
West: No access is available over the railroad.
The ingress/egress to the proposed 113 units in Phase I is from 6th Street and Hill Avenue. Based
on a traffic study prepared for this project, a turn lane and widening of the intersection is
warranted at Hill and 6th Street due to the increase in number of vehicle trips per day, and plans
by the developer have been prepared accordingly. Ingress and egress to Phase II is more difficult,
due to the lack of frontage for this particular parcel. Staff has recommended, and the developer
consented, to constructing an additional means of access within platted right-of-way known as
Brooks Avenue, to connect to the portion of 12th Street that is constructed. The other entrance to
this phase is at the corner of! 1th and Duncan, which has been reviewed and determined to be
satisfactory by the Engineering Division.
Interior to the project, public streets are being provided within a varying right-of-way, with
sidewalks on both sides in most cases. Staff recommends that where possible, the sidewalk be r.
located at the right-of-way line, with a minimum distance of six feet from the curb, to meet
Master Street Plan requirements.
Adjacent Master Street Plan Streets: 6th Street (Principal Arterial), Hill Avenue, 11th Street,
Duncan Avenue (Historic Collector)
Street Improvements: Staff recommends street improvements to surrounding streets to bring
them to a safe and adequate level of service for the additional units proposed in this area. A
significant number of units are being added to this area, and much of the property being
developed has no direct frontage onto adjacent right-of-way. The following are, staffs street
improvement recommendations for the developer to meet ordinance requirements for this
development's proportionate share:
• Repair the broken pavement on I Ith Street, directly south of the proposed intersection at
the corner oft 1th and Duncan, as part of the improvements to this stretch of street.
• Continue the existing sidewalk on the north side of! 1th street to connect the proposed
sidewalk on Greystone Drive (approximately 20 feet).
• Complete the curb and gutter on the south side of I Istreet from the bridge west to the
constructed curb/gutter. Minimum street width should be 24 feet, face of curb to face of
curb (approximately 240 feet in length).
• Widen the intersection at Hill Avenue and 6th Street, including a turn lane, the cost of
relocating traffic signals and any necessary costs to add a left -tun signal to the existing
KIReports120041PC Reportstf2-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
signal system. (Recommended in traffic study)
Improve that portion of Hill Avenue adjacent to the subject property where necessary, to
conform to City specifications. A six-foot sidewalk is required, at the right-of-way line.
Relocate the sidewalk along 6th Street to transition from the railroad bridge to the Master
Street Plan right-of-way line along the frontage of this project.
Construct a secondary means of access to Phase 11; The applicant proposes to construct a
24 -foot wide public street within existing platted right-of-way of Brooks Avenue and
turning south to connect to 12th Street. The Master Street Plan calls for a 28 -foot wide
street in this location, based on the platted right-of-way and number of vehicle trips per
day to be generated. The applicant disagrees with this recommendation, stating the
Traffic Study indicates only 4% of all traffic from Phase II will utilize Brooks Avenue.
Based on this same report, the following is applicable:
o Phase II will generate approximately 627 vehicle trips per day.
o Figure 3 of the Traffic Report indicates slightly more vehicles will travel south
from Phase II than north (358 vs. 303) in a 24 hour period.
A 24 -foot wide Residential Street is designed to serve a range of 300-500 vehicles per day,
maximum, Should Vz of the traffic within Phase II of the development travel south, many of them
will utilize the Brooks Avenue access. Typical traffic calculations by the City of Fayetteville,
when two access points are provided, are based on '/2 of the traffic potentially traveling in either
direction. This would result in approximately 313 vehicles trips per day accessing the Brooks
Avenue access. Additionally, the street to be constructed to provide the only secondary means of
access to this site also fronts onto other properties that are vacant and have the potential to
develop, in the future, thereby increasing their volume. A Local Street, by contrast, is developed
with a 28 -foot width and can support up to 4;000 vehicles per day, per the Master Street Plan.
Staff recommends a 28 -foot wide street be constructed, to transition to the existing 31 -foot wide
12a''Street. This is based on providing a safe and adequate means of access to the proposed
development, planning for this development along with potential other developments in the area
that may access the street, and Master Street Plan requirements.
Tree Preservation: Existing: 52.5%
Preserved: 15.1%
Mitigation: On -site mitigation, to 25% minimum
Parks: The Parks and Recreation board recommends a combination of money, land and services
to meet park land dedication requirements. This will include 0.36 acres of land on which a 12 -
foot public trail is to be constructed by the developer, per the City of Fayetteville specifications.
In addition, approximately 0.86 acres of land on the southern edge of the property is to be
dedicated as a public park. Credit will be applied to the developer to account for 55 existing
inhabited homes that were removed from the property. If remaining fees are due above and
beyond the requirements herein, they will be applied to amenities for the park.
Temporary Office Space: The applicant proposes to operate one (1) temporary office within the
development specifically for the purpose of selling townhomes for Aspen Ridge. One of the
constructed units in the PhaseI area will be used as the location of the sales office, with office
hours of Monday through Friday, 8 am to 8 pm, Saturday and Sunday 10:00 am to 6:00 pm.
K: IReports120041PC Reportsl 2-13-0418-PZD 04-1307 (ASPEN RIDGE) REV!SED.doc
Once all of the units in the development are sold, the sales office will be closed and sold as a
single-family residence.
Neighborhood Involvement: The applicant has met several times with adjoining property owners
and neighbors on Duncan, both in groups and individually. Much concern has been voiced
regarding the drainage and flooding problems associated with the Town Branch Creek. Many of
the homes that are adjacent to this creek are within the 100 -year floodplain or floodway. The
developer has been involved with his engineers from the beginning of the process to best address
these concerns, and others voiced by the neighborhood. Though not all are pleased with all
aspects of the proposal, staff has received numerous calls from residents in this area pleased with
the clean-up effort, removal of the mobile home park and the efforts to better the drainage
situation, along with the proposal for single family attached units, rather than typical multi-
family units that are allowed by right on the property.
A draft of the future plat of lots, as well as the applicant's response to the Planned Zoning
District requirements and description of the project have been submitted and are included in the
staff report.
Recommendation: Staff recommends the Planning Commission forward R-PZD 04-1307 to
the City Council with a recommendation of approval for the requested
rezoning and associated development plans, with the following conditions
of approval:
Conditions of Approval:
i. Allowed uses in this R-PZD shall be restricted to Use Unit 1: City-wide Uses by Right,
Use Unit 8: Single Family Dwellings and Use Unit 26: Multi -family Dwellings —
Townhouse development, more than three attached units. .
2O Planning Commission recommendation for future vacation of portions of existing
Duncan Avenue and Anderson Place rights -of -way to facilitate the proposed
development. Staff recommends approval of the vacation of these platted rights -of -way,
due to the changes in circulation proposed with the submitted site plans. The
connection these two streets make will be in an improved configuration, with a
boulevard section that enters into this neighborhood. PLANNING COMMISSION
DETERMINED IN FAVOR OF THE RECOMMENDED FUTURE VACATIONS.
No structure shall be permitted that falls into existing platted right-of-way. Formal
vacation requests for Duncan Avenue and Anderson Place shall be submitted prior to
permitting of affected buildings.
4: Planning Commission determination of the applicant's request for a temporary sales
office. Staff recommends approval, with the following conditions: One (1) dwelling unit
shall be permitted to house a temporary sales office for the sole purpose of selling
dwelling units within the Aspen Ridge Planned Zoning District. The sales office shall
appear in all manners as a dwelling unit, and shall cease operation and revert to its
intended use as a single family residence once the remaining units have been sold.
K:IReportsI2004IPC Reporul12-13-0418-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
. •
PLANNING COMMISSION DETERMINED IN FAVOR OF THE REQUESTED
OFFICE.
5. Planning Commission determination of appropriate off -site street improvements. Staff
recommends the following improvements for this development:
• Repair the broken pavement on 1 lt° Street, directly south of the proposed
intersection at the corner of 11th and Duncan, as part of the improvements to this
street being utilized for primary ingress and egress, to the satisfaction of the
Engineering Division.
• Continue the existing sidewalk on the north side of 11th street to connect the
proposed sidewalk on Greystone Drive (approximately 20 feet).
• Complete the'eurb and gutter on the south side of l lastreet from the bridge west
to the constructed curb/gutter. Minimum street width should be 24 feet, face of
curb to face of curb (approximately 240 feet in length).
• Widen the intersection at Hill Avenue and 6"' Street, including a turn lane, the
cost of relocating traffic signals and any necessary costs to add a left -turn signal
to the existing signal system. (Recommended in traffic study)
• Improve that portion of Hill Avenue adjacent to the subject property where
necessary, to conform to City specifications. A six-foot sidewalk is required, at
the right-of-way line.
• Relocate the sidewalk along 6th Street to transition from the railroad bridge to the
Master Street Plan right-of-way line along the frontage of this project.
• Construct a secondary means of access to Phase II; The applicant proposes to
construct a 24 foot wide public street within existing platted right-of-way of
Brooks Avenue and turning south to connect to 12`s Street. Staff recommends a
28. foot street to meet Master Street Plan requirements for the vehicle trips per
day generated by this development.
PLANNING COMMISSION DETERMINED IN FAVOR OF THE
RECOMMENDED STREET IMPROVEMENTS, WITH A 24 -FOOT WIDE
STREET FOR BROOKS AVENUE.
6. Atypical interior street widths, sidewalk location, etc. shall be reviewed and approved
by the Engineering Division at the time of more detailed construction plan review, to
ensure emergency service vehicles, public service providers, solid waste, etc::is able to
access the proposed development.
7. A combination of land, money and services shall be contributed by the developer to
meet parkland dedication requirements, including 0.36 acres for a public trail,
construction of said 12 -foot wide trail, 0.86 acres land dedication for a park and all
remaining fees due in excess of the above requirements for 220 units to be utilized for
park amenities. Credit in the amount of $30,525 (55 units * $555/unit) will be applied
to. the developer to account for 55 existing homes that were removed from the
property prior to development. All fees and deeds for land shall be submitted prior to
building permit.
8. The developer shall mitigate for the removal of 115,440 sf of tree canopy to meet Tree
K'IReportsi2004IPC Reportsll2-13-041R-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
Preservation ordinance requirements. On -site mitigation shall consist of a minimum of
420 trees. If all trees can not be planted on -site, the balance shall be contributed into the
Tree Fund, as determined by the Landscape Administrator.
9. Specific location of the on -site mitigation trees shall be coordinated with the Landscape
Administrator for approval. Several sites exist on the property where mitigation trees
could benefit the overall development and enhance the creek corridor, currently not
indicated on the plans.
10. The property line adjustments to create the described 27.969 -acre parcel shall be
• processed, approved and recorded prior to this item appearing before the City Council
for consideration.
11. Staff recommends a second pedestrian path be constructed from approximately between
buildings 35 and 36 in Phase II to connect to the public trail through an existing creek
crossing (see plat). A hard -surface (concrete or asphalt) path is desired. However, at
minimum, the path shall be constructed of a 4" minimum depth shredded mulch (or
equal) with appropriate edging on both sides. Trail slope, width, location through
existing tree canopy and specifications shall be approved by the City prior to
construction.
12. Signage for the development, shall be limited to one (1) monument sign at each of the
three primary entrances to the development. Sign size, location, height, etc. shall be
limited to the monument sign restrictions in an RMF zoning district, per city code.
(Maximum 16 square feet display surface area, six feet in height, 10 feet from the
property line).
13. All dumpsters shall be enclosed on a minimum of three sides with access not visible
from the street. Landscape screening as shown shall be required.
14. No structures shall be constructed over public utility easements, per city ordinance
(including, but not limited to, trash enclosures).
• 15. Should the.applicant desire to subdivide the land to create townhomes, an amended
Planned Zoning District will be required. The development review process will likely
be a Concurrent Plat, if all criteria are met. If not, a standard Preliminary and Final Plat
will be required to subdivide the property.
16. All comments as itemized in the attached memo from the City Floodplain
Administrator shall be addressed at the appropriate time and are considered, by
reference, a part of the official Conditions of Approval (see attached).
17. The maximum separation for fire hydrants shall be 500 feet in distance.
18. Entrances into the subject property shall utilize a minimum width of 20 feet clear, to
allow for the passage of emergency vehicles.
K.:IReports120041PC Reports112-13-04IR-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
S
19. Maximum spacing for public street lights shall be 300 feet, along the proposed and
existing public streets.
Standard Conditions of Approval:.
20. 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 (las, SWBT, Ozarks, SWEPCO, Cox Communications)
21. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks, parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with City's
current requirements.
22. Planned Zoning District approval shall be valid for one calendar year, per city
ordinance.
23. All overhead electric lines 12kv and under shall be relocated underground. All
proposed utilities shall be located underground.
24. Prior to the issuance of a building permit the following is required:
a. Grading and drainage permits
b. An on -site inspection by the Landscape Administrator of all tree
protection measures prior to any land disturbance.
b. Separate easement plat for this project that shall include the tree
preservation area.
c. Project Disk with all final revisions -
d. Completion of all required improvements or the placement of a surety
with the City (letter of credit, bond, escrow) as required by §158.01
"Guarantees in Lieu of Installed Improvements" to guarantee all
incomplete improvements. Further, all improvements necessary to serve
the site and protect public safety must be completed, not just guaranteed,
prior to the -issuance of a Certificate of Occupancy.
PLANNING COMMISSION ACTION: Required
.Approved Denied
Date: December 13, 2004
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By Date
K:IReports120041PC Reports112-13-04%R-PZD 04-1307 (ASPEN RIDGE) REVISED.doc
UTILITY EASEMENT
PROJECT NO.021111-00
STATE OF ARKANSAS
COUNTY OF WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of One Dollar ($1.00) and other valuable considerations to the undersigned,
Hank Broyles and Hal Forsyth (ak a Town Creek Canstnietinn A Development LLC) paid, the receipt of which is
hereby acknowledged, the said Grantor does hereby GRANT, SELL AND CONVEY unto the City of Fayetteville,
Arkansas, a municipal corporation, all public utility companies, and the cable television company (herein styled
Grantee), its successors and assigns, the right of way and easement to construct, lay, remove, relay, enlarge,
maintain, inspect, repair, and operate a utility line or lines, manholes, and appurtenances thereto, with rights of
ingress and egress to and from the same, on, over, across and under the following described real estate, to -wit:
PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 16, AND A PART OF THE NORTH 1/2 OF THE NW
1/4 OF SECTION 21, T -16-N, R -30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 21, SAID POINT BEING AN EXISTING IRON PIPE; THENCE S87°04'09"E ALONG THE
NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF
5.92 FEET TO THE POINT OF BEGINNING; THENCE S87°0409"E 418.49 FEET; THENCE N02°23'10"E
299.42 FEET, TO AN EXISTING ARKANSAS HIGHWAY COMMISSION RIGHT-OF-WAY MONUMENT ON
THE SOUTH LINE OF ARKANSAS HIGHWAY 180 (WEST 6TH STREET); THENCE ALONG THE SOUTH
RIGHT-OF-WAY LINE OF SAID HIGHWAY N89°03'47"W 173.03 FEET TO AN EXISTING AHC MONUMENT;
THENCE N89°52'30"W 17.35 FEET TO AN EXISTING AHC MONUMENT; THENCE S00°06'16"W 5.02 FEET
TO AN EXISTING AHC MONUMENT; THENCE N89°40'59"W 45.74 FEET TO AN EXISTING AHC
MONUMENT; THENCE N89°29'27"W 62.28 FEET TO AN EXISTING AHC MONUMENT; THENCE
Sal °41'17"W 30.03 FEET TO AN EXISTING AHC MONUMENT; THENCE N77°25'50"W 25.70 FEET TO AN
EXISTING AHC MONUMENT; THENCE N88°18'00"W 42.21 FEET; THENCE LEAVING SAID RIGHT -OF WAY
S01 °44'50"W 153.30 FEET; THENCE ON A CURVE TO THE RIGHT WITH A RADIUS OF 315.50 FEET AND A
DISTANCE OF 81.06 FEET; THENCE S16°28'1"W 8.54 FEET; THENCE ON A CURVE TO THE RIGHT WITH
A RADIUS OF 215.50 FEET A DISTANCE OF 40.68, TO THE POINT OF BEGINNING, CONTAINING 2.64
ACRES, MORE OR LESS, FAYETTEVILLE, ARKANSAS. THE ABOVE DESCRIBED 2.64 ACRE TRACT
BEING SUBJECT TO THE RIGHT-OF-WAY OF DUNCAN AVENUE, ANDERSON PLACE, HILL AVENUE AND
ALL EASEMENTS AND/OR RIGHTS -OF -WAY OF RECORD.
,I.bf.1 ifUr.i.i
PART OF THE SOUTH 1/2 OF THE SW 1/4 OF SECTION 16, AND A PART OF THE NORTH 1/2 OF THE NW
1/4 OF SECTION 21, T -16-N, R -30-W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 21, SAID POINT BEING AN EXISTING IRON PIPE; THENCE S87°04'09"E ALONG THE
NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF
396.72 FEET TO THE POINT OF BEGINNING; THENCE N02°39'46"E A DISTANCE OF 258.27 FEET;
THENCE N88°18'00"W A DISTANCE OF 368.35 FEET; THENCE N01°44'50"E A DISTANCE OF 20.00 FEET;
THENCE S88°18'00"E A DISTANCE OF 388.67 FEET; THENCE S02°39'46"W A DISTANCE OF 278.70 FEET;
THENCE N87°0409"W A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.2971
ACRES, FAYETTEVILLE, ARKANSAS. pII II I� IIIIII II IIfl II�
SEE ATTACHED EXHIBIT "A" 111111IIIII�IIIIIIuI083003700Iu��I�III�lA9lREt. �ll
Doc 10: 008300370003 Type. REL
Recorded:
• Fee Amt: $14.00/Pace St of 11:04:303
MI
uashlnaton County. AR
Bette Stamps Circuit Clerk
F1le2005-00012402
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, forever or until said easement is
fully abandoned.
The Grantor agrees not to erect any building or structures in said right of way other than fences and said
fences shall not exceed six (6) feet in height. No trees shall be planted or permitted by Grantor on said right of way.
Grantor shall not be entitled to any compensation for fences or growing crops removed or disturbed within this
permanent easement by virtue of Grantee's exercise of the rights under this agreement
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right
hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective
heirs, legal representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without
authority to make any covenant or agreement not herein expressed.
l
WITNESS the execution hereof this the I day of i\i l�i.i.\C2005.
V
ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public withyn and for said County and State,
duly commissioned and acting personally appeared a'to -1 t)r(',s. •t!G1 ≥ t 115nfi to me well known as the
person(s) who executed the foregoing Right of Way, Grant, a�—'r had executed the
same for the consideration and purpose therein mentioned and set forth.
�
WITNESS my hand and seal on this day of tf-� ('` 2005. Notary Rb90
Sharon SM"
State dArMarroaa, Weahirglx Co.
t I_. t. i �_.
Notary Public
My commission expires b 1 `t I
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• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
17 -May -05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 05-1435: (ASPEN RIDGE,
522/561): Submitted by MATT CRAFTON
OF CRAFTON, TULL &
ASSOC. for property
located at DUNCAN AVENUE AND
ANDERSON PLACE BETWEEN 6TH
STREET AND HILL AVENUE.
The property is
zoned R-PZD 04-1307 and contains approximately 27.969 acres. The request
is to vacate rights -of -way
within the subject
Cost of this request
n/a
Account Number
n/a
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
n/a
Program Cateaory I Project Name
n/a
Program / Project Category Name
n/a
Fund Name
'Os Previous Ordinance or Resolution # n/a
Department irector Date Original Contract Date: n/a
Original Contract Number: n/a
-af
City Attorney
��t' 1 "—"""" Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
Mayor Date
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. 4702
Jeremy,
The Ex. C for this item is not signed. I think it probably should have a sign recommend for attaching.
Please let me know.
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. Nos. 4701, 4702, 4703, 4704, 4705 and 4706
Jeremy,
Attached are copies of the above ordinance passed by the City Council, May 17, 2005.
CC: Goddard, John; Jorgensen, Todd; Randall, Clyde
"Hurtkwect Arkasw' Most Wider Read Newspaper"
AFFIDAVIT OF PUBLICATION
I, Erin mis. do solemnly swear that I'am the Legal 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:
t4JV? '°tj J was inserted in the regular editions on
PO#.
** Publication Charge: $(2(X7
Subscribed and sworn to before me this
LIday of ( I _____________,2005.
Notary Public " Sharlene D. Williams
Notary Public
My Commission Expires:State of Arkansas
p My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
JUN06 6 200.5
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479-571-6470
I ARKANSAS
the Gly GAAre has Vie n axd
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Vie street cornacWty w be rn`ehtabe, withthe carlsaucacn acid dad cation of new
*Oats an the &t cn propehy as pert Ofthe e Aspen Ridge Flamed ZaneO Dbol propW. Pub-
RW° ARN'NIM1, !6 R ORDAINED BY THE OT' OWNpL.OF`TN6 Me. Y OP eAr_
Ibthe rights n 1: That m City or Fayenetae, Aklmraes hereby yecatas andabandans ai of Its rights iogetnar
�� prbsc genaraty, h end to the laaowkg described rfghtsbf-way for Duncan Arernue
f,popeny, n,Oro parti&Nanj•'descnbed as fcows:
EMEt LA' attatlNd hereto arid made a part hereof.
ion 2! Mat a copy of tldv Orrliriende duty corllflod by the City Clerk along M h the Map attached
o aid latSad Eta 5' shay be flied in the office of the Recorder of the Caney end recorded b
laud Rods of the County
onn..3..:�.'.,That tltm Vocation appreyaf Is subject to the condltbns ofapproval Kttetl in the start repel
arT, ng CaiYrt &On reOprnngndatbn as desalbed In E_# bjt t atached hereto theid s de a part
lID aid APPROVED Vas 17th day Of May, 200.5.
EXHIBR •A
3
TOP THE SOUTH 12 OF THE SW 1/4 OF SEOTION1 o, AND A PART OF THE NORTH 1/2 OF THE
1/4 OF SECTION 21, T-1 B -N, R.30 -W, WASHINGTON COUNTY, ARKANSAS, BEING MORE PAR-
LARLY DESCRIBED AS:
IMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4
AID SECTION 21, SAID POINT BEING Al EXISTING IRON PIPE: THENCE NBB°14.53-W ALONG
NORTH LINE OF THE NORTHWEST 1/4 OF THE NflPflCCT ..L c nv ....... ._-.
A
A DISTANCE OF
'BL chat be 4owed in the office