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HomeMy WebLinkAboutOrdinance 4705 ORDINANCE NO. 4705 AN ORDINANCE APPROVING VAC 05- 1454 SUBMITTED BY MARLA AND ROBERT HARGUS FOR AN ALLEY LOCATED EAST OF HILL AVENUE WITHIN DOWELL' S 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: Sectionl : The City of Fayetteville, Arkansas releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the alley designated as follows: See Exhibit "A" attached hereto and made a part hereof. Section 2 : A copy of the ordinance duly certified by the city clerk 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 "B" attached hereto and made a part hereof. PASSED and APPROVED 17th day of May 2005. APPROVE . K/TR `��G�rLFi Y ofg0 ; , OA = U ; c ; FAYETTEVILLE : By: DAN COODY, Mayor %9s'9:QkANSPcJ� ATTEST: % �NGTON r.9••• rrr��rr�r�r By. °�`�`'�\ IIIIIIIIIIIIIIIIII SON RA SMITH, City ClerkDoc IIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded : 06/20/20050atr02435 : 59 PM Fee Amt : $17 . 00 vPace. A 1 of 4 Mashlnt : $ County . qq Bette Stamoe Circuit Clerk F11e2005-00026494 EXHIBIT "A" VAC 05-1454 THE NORTH 302 FEET, MORE OR LESS, OR A PLATTED 20 FEET ALLEY LYING CONTIGUOUS TO THE EAST SIDE OF LOT 1 AND THE WEST SIDE OF LOTS 2,5,6, AND A PART OF LOT 9 IN DOWELL' S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 , SAID SOUTHEAST CORNER BEING ON THE WEST LINE OF SAID PLATTED 20 FOOT ALLEY, THENCE NORTH 2°21 '44"EAST ALONG THE WEST LINE OF SAID ALLEY A DISTANCE OF 298.0 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT 1 ; THENCE NORTH 82005' 11 "EAST -20.3 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT BEING ON THE EAST LINE OF SAID PLATTED 20 FOOT ALLEY; THENCE SOUTH 02°21 '44" WEST ALONG THE EAST LINE OF SAID PLATTED 20 FOOT ALLEY A DISTANCE OF 301 .8 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID LOT 9; THENCE NORTH 86°56'23 " WEST - 20.0 FEET TO THE POINT OF BEGINNING. Ex�i1�tT '�a' 7aye � PC Meeting of April 25 , 2005 ARKANSAS THE CITY OF FAYE,rprmLLE, 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 05-1454: Vacation (Hargus, pp 561 ) was submitted by Robert Jordan for property located at 836 S. Hill Ave. The property is zoned RMF-24, Residential Multi Family, 24 units per acre, and contains lots 1 , 2, 5, 6, and 9 of Dowell 's Addition. The request is to vacate approximately 0. 138 acres of an alley adjacent to the subject property. Findings: Property description: The subject property is located within Dowell's Addition east . of Hill Avenue, south of 6th Street. There is an existing 20' alley running north and south, at the center of the block between Hill and Government Avenues and parallels Hill Avenue to %the' east. - The applicants own property on either side of this alley and utilize. their . property for single family use. Background: The 20' alley was dedicated at the time the property was subdivided into Dowell's Addition. The southern portion of the alley was vacated by Ordinance 4161 per the request of the Regional National Cemetery Improvement Corporation ib:199.9,.-> Therefore, the alley currently provides no connectivity. Request: The applicants request to vacate approximately 300' of an existing 20' wide alley. Property adjacent to either side of the alley and under common ownership ,will be considered an undivided parcel for the purposes development per Chapter16432 B.(2). These properties will have access by way of Hill Avenue and existing alleys to the north and east. 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 KAReports\2005\PC Reports\04-25-05\VAC 05-1454 (Hargus).doc FX1156�T "© 4.2 Arkansas Western Gas No Objections SW Bell No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections. Retain a 20' utility easement for future use. Transportation No Objections 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: Staff finds that vacating the alley would not adversely affect the property or access to any other property. Staff recommends approval of the proposed alley vacation VAC 05-1454 with the following conditions: I . A 20' utility easement shall be retained the length of the alley to accommodate the possible future extension of water and sewer services to the property and adjacent properties. PLANNING COMMISSION ACTION: yes Required Approved Denied Date: _ April 25, 2005 es�cbwe.� 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: MEd 1-1 ,2(7LY K:\Reports\2005\PC Repons\04-25-05\VAC 05-1454 (Hargw).doc Washington County, AR I certify this instrument was filed on 08/20/2005 02:35:59 PM and recorded in Real Estate File Number 2005-00026494 Bette Stamps - Gird it Plqrk by City Council Wting of May 17, 2005 5 /lel X05 Agenda Item Number 4105 CITY COUNCIL AGENDA MEMO VA 6.05 - W �Sq f To: Mayor and City Council 9Pe W 5 19U Thru: Gary Dumas, Director of Operations ` � From: Jeremy C. Pate, Director of Current Planning Date: April 28, 2005 Subject: Alley Vacation for Hargus (VAC 05- 1454) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an existing alley located east of Hill Avenue, as depicted herein. BACKGROUND Property description: The subject property is located within Dowell's Addition east of Hill Avenue, south of 6a' Street. There is an existing 20' alley running north and south, at the center of the block between Hill and Government Avenues and parallels Hill Avenue to the east. The applicants own property on either side of this alley and utilize their property for single family use. Background: The 20' alley was dedicated at the time the property was subdivided into Dowell 's Addition. The southern portion of the alley was vacated by Ordinance 4161 per the request of the Regional National Cemetery Improvement Corporation in 1999. Therefore, the alley currently provides no connectivity. Request: The applicants request to vacate approximately 300' of an existing 20' wide alley. Property adjacent to either side of the alley and under common ownership will be considered an undivided parcel for the purposes development per Chapter 164. 12 B (2). These properties will have access by way of Hill Avenue and existing alleys .to .the north and east. 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 7-0- 1 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. Commissioner Clark recused from this item. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1454 SUBMITTED BY MARLA AND ROBERT HARGUS FOR AN ALLEY LOCATED EAST OF HILL AVENUE WITHIN DOWELL' S 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, and \ NOW, THEREFORE, BE IT ORDAINED BY THEC" ITY'COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: /� � \� . Sectionl . The City of Fayetteville, Arkansas releases, vacates, and abandons all its rights, together with the rights of the•public generally, in and to the street (or alley) designated Is follows: '` . See Exhibit "A" attacheed'her6tto and�made as part'hereof. Section 2. A co y of the ordinanc Ndulyc rt fled bythcity clerk shall be filed in the officAffie)recorder of the county and4ecorded in the deed records of the county. Section 3. Thisddina;O-tshall take If d be in force from and after its passage. �a Section 4�" ,-sThat this Vacation approval is subject to the conditions of approval listed in the!staff repott .and Planning Commission recommendation as described in Exhibi B" attached hereto and made a part hereof. PASSED = D APPROVED this day of 2005 . APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 05-1454 THE NORTH 302 FEET, MORE OR LESS, OR A PLATTED 20 FEET ALLEY LYING CONTIGUOUS TO THE EAST SIDE OF LOT 1 AND THE WEST SIDE OF LOTS 2,5,6, AND A PART OF LOT 9 IN DOWELL' S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICU ^ABLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LRVI NSAID SOUTHEAST CORNER BEING ON THE WEST LINE OF SAID PLATTED�20 FOOT ALLEY, THENCE NORTH 2021 '44"EAST ALONG THE WEST LINE OF SAID i LEEY\A DISTANCE OF 298.0 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF'SAID LOT 1 ; THENCE NORTH 82005' 11 "EAST -20.3 FEET, MORE OR LESSjb.AE NORTHWEST CORNER OF SAID LOT 2, SAID POINT BEING ON THE EAST LINE OF SAID PLATTED 20 FOOT ALLEY; THENCE SOUTH 02°21 '44" WEST ALONGTHE EAST LINE OF S k,&PLATTED 20 FOOT ALLEY A DISTANCE OF 301 .8 FEET, MORE OR LESSNTO A POINT ON/THE WEST LINE OF SAID LOT 9; THENCE NORTH 86'56'23 " WEST - 2 0 FEET TO THE POINT OF BEGINNING. .a" 0 0 161.13 District Rmf-24, Residential Multi- *Development 10,000 sq. ft. Family — Twenty-Four Units Per Acre •Individual lot 2,500 sq. ft. Single-family 6,000 s . ft. Two-family 7,000 sq. ft. (A) Purpose. The RMF-24 Multi-family Three or more 9,000 sq. ft. Residential District is designed to Fraternity or Sorority 2 acres permit and encourage the developing Professional offices 1 acres of a variety of dwelling types in suitable environments in a variety of (3) Land area per dwelling unit. densities. Manufactured home 3,000 sq. ft. Apartments: (B) Uses. *No bedroom 1 ,700 sq. ft. *One bedroom 1 ,700 sq. ft. *Two bedroom 2,000 sq. ft. (1 ) Permitted uses. Fraternity or Sorority_ 1 ,000 s . ft. er resident Unit 1 City-wide uses by right (E) Setback requirements . Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings 1 Side 1 Rear Unit 26 Multi-family dwellings 1125 ft. I oft. 1 25 It. (2) Conditional uses. Cross reference(s)--variance, Ch. 156. Unite City-wide uses by conditional use (F) Height regulations. Any building permit which exceeds the height of 20 feet Unit 3 Public protection and unlit eg facilites Unit 4 Cultural and recreational facilities shall be set back from any side Unit 11 Manufactured home park boundary line an additional distance Unit 25 Professional offices Unit 24 Home occupations of one foot for each foot of height in Unit 36 Wireless communications facilities excess of 20 feet. (C) Density. (G) Building area. None. (Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77; Ord. Units per acre 4 to 24 No. 2700, 2-2-81; Code 1991, § 160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) (D) Bulk and area regulations. ( 1 ). Lot width minimum. Manufactured home park 100 ft. Lot within a Manufactured 50 ft. home park 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 mobile home 4,200 sq. ft. ark Townhouses: K:\Reports\2005\PC Reports\04-25-05\VAC 05-1454 (Hargus).doc r PETPIION A PETITION TO VACATE A 20' ALLEY LYING BETWEEN LOTS 15 22 5,6 & 9 AS DESCRIBED IN THE FOLLOWING LEGAL DISCRIPTION: All of Lot one (1 ), Lots two (2), Five (5), Six (6) and Nine (9) in Dowell's Addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, less and except a strip along the North side conveyed to Kansas City and Memphis Railroad. We, the undersigned, being all the owners of the real estate abutting the alley here inafter sought to be abandoned and vacated lying in Lots one (1), two (2), five (5), six (6) and nine (9) of Dowell's Addition, City of Fayetteville, Arkansas, a municipal corporation petition to vacate an alley which is described as follows; See Attached legal description and highlighted yellow area on map is proposed alley vacation. That the abutting real estate affected by said abandonment of the alley is Lot ten (10) on the South side of Lot one (1 ) in Dowell's Addition, 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. 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. WHEREFOR, 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 easement, and that the 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 t2 day of J 1200 Printed name: R&Sert III .Marla Robert A Jordan/rL�G�! t� Complete Description of Request Attn: Jeremy Pate Dear Mr. Pate: We along with our neighbor, Robert Jordan, are contacting you per our request to the city to vacate an alley that lies between lots of land we own. We are requesting this vacation to join the all of our lots without division. We have a buyer for this property who has future development plans that will bring beauty to the South end of Fayetteville. Thank you for your time and consideration in this matter. /be Effiib11 "A" ,.� Legal Description anA map • 1 " = 100 ' - --� If 167,03' 11 NE CORNER 2 NW CORNER i i 3 LOT 1 LOT 2 i ! If I f L1 AREA OF ALLEY _ 11 a TO BE VACATED 11 11 1 {� Z � . m 5 4 v W LTJ I1 6 i 7 Z II Z I j SE CORNER j W LOT 1 Q 9 8 z LAJ _ O ALLEY VACATED 1 z ORD 4161 14 15 NATIONAL CEMETERY A PORTION OF A NATIONAL CEMETERY T� PLATTED. 20 FOOT ALLEY TO BE VACATED THE NORTH 302 FEET, MORE OR LESS, OF A PLATTED 20. FOOT ALLEY LYING CONTIGUOUS TO THE EAST SIDE OF LOT 1 AND THE. WEST SIDE OF LOTS 2,5,6; AND A. PART OF LOT, 9 IN DOWEL'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON .COUNTY, ARKANSAS, BEING MORE PARTICALARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1, SAID SOUTHEAST CORNER BEING- ON THE WEST LINE OF SAID PLATTED 20 FOOT ALLEY. THENCE NORTH 2'21 '44" EAST: ALONG THE WEST LINE OF SM).ALLEY A DISTANCE OF 298.0 FEET, -MORE OR N . LESS TO THE NORTI�(NtE SCORNER OF SAID LOT 1 ; THENCE NORTH 82'05'11 EAST - 20.3 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT BEING ON THE EAST: LINE OF SAID PLATTED 20 FOOT ALLEY; THENCE SOUTH 2'21 '44" WEST: ALONG THE EAST UNE OF SAID PLATTED 20 FOOT ALLEY A DISTANCE DF. 301.8 FEET, MORE OR LESS, TO A POINT ON THE .WEST LINE OF SAID LOT 9; THENCE NORTH 86'56023' WEST - 20.0 FEET TO THE POINT OF BEGINNING,