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Home My WebLink AboutOrdinance 4774 EXHIBIT A VAC 05-1632 ALL OF THE 10 FOOT EAST-WEST ALLEY LYING SOUTH OF LOTS 1 -6 AND NORTH OF LOTS 14- 19 OF BLOCK TWENTY-EIGHT (28) OLD TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, CONTAINING 0.07 ACRES, MORE OR LESS . Washington county$ AR I certify this instrument was filed on 1111512005 01 :07:28 PM and recorded in Real Estate File Number 2005.00051313 Bette S amps • Circuit Clerk by ti 7� 9 • City of Fayetteville • Staff Review Form City Council Agenda Items or Contracts 4-Oct-05 City Council Meeting Date Jeremy Pates Planning Operations Submitted By Division Department Action Required: VAC 05- 1632: (East Square Development, 523): Submitted by Bob Kohler, for property located at the city block between East Avenue and College Avenue, and Center Street and Mountain Street. The property is zoned C-4, Downtown Commercial. The request is to vacate the east-west alley running at the approximate center of subject property. $363.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project CategoryName n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a 9 -i5 - os Departmen Direc or Date Original Contract Date: n/a R16 -vl Original Contract Number: n/a City Att rney Received in City Clerk's Office Eyno�� Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Comments: • City Council Mee* of October 04, 2005 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: September 14, 2005 Subject: Alley Vacation for East Square Development (VAC 05- 1632) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an existing alley located between Center Street and Mountain Street, as depicted herein. BACKGROUND The subject property is located within the Original Town Plat on the block between Center Street and Mountain Street and contains approximately 0.07 acres. The property is currently zoned C-4, Downtown. The Mountain Inn, parking deck, and other deteriorated structures on this property have been demolished by the City of Fayetteville. The applicant has requested consideration of a Commercial Planned Zoning District to redevelop this property. The applicant requests approval to vacate an existing alley on the property in order to facilitate the construction of structures on this city block. There are existing utilities located within this alley. Utilities have been or are in the process of being relocated. There is a 6" waterline in the alley that must be abandoned and the service locations moved prior to final approval of the vacation. A memo from the Water and Wastewater Director is attached with specific conditions of approval. Staff recommends approval of the requested alley vacation. The conditions set forth by the Water/Wastewater Division shall be made official conditions of this vacation. 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 7-0-0 to forward this item to the City Council with a recommendation for approval of the vacation request at the regular meeting of September 12, 2005 . BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 05- 1632 SUBMITTED BY BOB KOHLER FOR ALLEY LOCATED ON THE CITY BLOCK BETWEEN EAST AVENUE AND COLLEGE AVENUE, AND CENTER STREET AND MOUNTAIN STREET, 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 amend WHEREAS, the City Council has determined that the foll�wilig described alley way is not required for corporate purposes. \\ NOW, THEREFORE, BE IT ORDAINED BY THE /CITY.e\COUNCILOF THE CITY OF FAYETTEVILLE, ARKANSAS : � \\� Section 1 . That the City of Fayetteville, Arkansas releases, vacates, and abandons all its rights, together with the rights ofthe public generally, in and to the street (alley) designated-aasfofo\s: See Exhibit "A" attached hereto•and'made a part hereof, Section 2. That a copy of this Ordinance duly certified'by the City Clerk shall be filed in the office of the Recorder of theCounty and recorded in the Deed Records f the County. \� Section 3 . That this Vacation approval) is subject to the conditions set forth by the Water/WastewaterDi'v which is attached. PASSED AND APPROVED this day of 52005. APPROVED: By Dan Coody, Mayor ATTEST: By Sondra Smith, City Clerk EXHIBIT "A" VAC 05-1632 ALL OF THE 10 FOOT EAST-WEST ALLEY LYING SOUTH OF LOTS 1 -6 AND NORTH OF LOTS 14- 19 OF BLOCK TWENTY-EIGHT (28) OLD TOWN PLAT FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, CONTAINING 0.07 ACRES, MORE OR LESS. J J '' 4D a le7ayeLLM PC Meeting of September 12, 2005 ARKANSAS THr'. CITY OF FAYI:TTEVILLE , 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, Current Planner THRU: Jeremy Pate, Director of Current Planning DATE: September 7, 2005 VAC 05-1632: Vacation (East Square Development, pp 523) was submitted by Bob Kohler for property located on the city block between East Avenue and College Avenue, and Center Street and Mountain Street. The property is zoned C-4, Downtown Commercial. The request is to vacate the east-west alley running at the approximate center of the property. Findings: Vacating the alley would not adversely affect access to the property or any other adjacent property with the relocation of several utilities. Background: The alley is for general utility and access for the existing buildings along Center and Mountain Streets. There are existing utilities located within this alley. Utilities have been or are in the process of being relocated. There is a 6" waterline in the alley that must be abandoned and the service locations moved prior to final approval of the vacation. A memo from the Water and Wastewater Director is attached with specific requirements. The applicant has applied for a rezoning request to zone the property C- PZD. Request: The request is to vacate an alley. 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. SW Bell No Objections. The vacation must be recorded at the Washington County Courthouse. \ K. IReportA20051PC Reports109-12-051VAC 05-1632 (East Square Development).doc 00 90 Arkansas Western Gas No Objections. CITY ,OF FAYETTEVILLE: RESPONSE Water/Sewer See attached memo. 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 recommends approval of the requested alley vacation VAC 05- 1632. The conditions set forth by the Water/Wastewater Division shall be made official conditions of this vacation. PLANNING COMMISSION ACTION: yes Required _Approved Denied Date: September 12, 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: K.lReparts12005WC Reports109-11-051VAC 05-1632 (East Square DevelopmentJ.doc 161.19 District C-4, Downtown (A) Purpose. The Downtown District is designed to accommodate the commercial, office, governmental, and related uses commonly found in the central downtown area which provides a wide range of retail, financial, professional office, and governmental office uses. (B) Uses. ( 1 ) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Units Government facilities Unit 12 Offices, studios and related services Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 15 Neighborhood shopping oods Unit 16 Shopping oods Unit 19 Commercial recreation, small sites Unit 25 Professional offices Unit 34 Liquor stores (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 17 Trades and services Unit 18 Gasoline service station & drive-in restaurants Unit 26 Multi-family dwellings Unit 28 Center for collecting recyclable materials Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and area regulations. None. (E) Setback regulations. Front 5 ft. Front, if a sidewalk is in existence or to be provided None Side None Side, when contiguous to a residential district 10 ft. Rear, without easement or alley None Rear, from center line of an easement or alley 8 ft. (Code 1965, App. A., Art. 5(VII(a)); Ord. No. 2148, 10-7-75; Ord. No. 2351, 6-21-77; Ord. No. 2362, 8-2-77; Ord. 1747, 6-29-70; Code 1991, § 160.038; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99) K:IReports120051PC Reports109-12-051VAC 05-1631 (East Square Development).doc aye evi -1 ARKANSAS WATER AND WASTEWATER DIVISION DEPARTMENTAL CORRESPONDENCE To: City Planning Thru: Engineering From : David Jurgens, Water/Wastewater o Date: July 25, 2005 Subject: Easement Vacation Request, Mountain Inn Alley The attached request to vacate the east-west alley on the north side of the old Mountain Inn is approved as of when the conditions listed below are met. If the conditions listed below are not all met, then the vacation cannot be approved. Conditions: 1 . The water line in the alley shall be fully abandoned at both ends of the alley. In order for this to be accomplished: - all services that tie off the alley line shall be tied to the water main on Center Street; said services shall not cross any lot line, and shall tie to the main at approximately a 90 degree angle to the right-of-way line; - meters shall be located directly in front of the building/business which they serve; - the existing meter loops and meters shall be removed and, upon coordination with the Meter Superintendent, shall be returned to the City; - the existing water main that runs westward up the alley shall be capped at the mains in North College Avenue or in the alley behind Bank of America, with inspection and testing observed by the City Engineer's office. 2. A new sewer main shall be constructed from the existing manhole in North College at the east end of this alley northward to the intersection of College and Center and the to the west in the Center Street 'night of way to a point at which: Street; all services that tie to the alley line shall be tied to the new sewer main on Center - said services shall not cross any lot line, and shall tie to the main at approximately a 90 degree angle to the right-of-way line; - the existing sewer main that runs westward up the alley shall be capped at the manhole in North College Avenue, with inspection and testing observed by the City Engineer's office. 3. All work performed under contract shall go through the standard review, approval, and inspection process administered by the City Engineer's office. MminnAlley-E8tm1 Vac Ju105.dac N N PETITION TO VACATE ALLEY LOCATED IN BLOCK TWENTY EIGHT (28) ORIGINAL TOWN PLAT CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to be abandoned and vacated, lying in Block 28 Original Town Plat, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: All of the 10 foot East-West alley lying South of Lots 1-6 and North of Lots 14-19 of Block Twenty-eight (28) Old Town Plat Fayetteville, Washington County, Arkansas, containing 0.07 acres, more or less. That the abutting real estate affected by said abandonment of the alley (10 foot East-West alley lying South of Lots 1-6 and North of Lots 14-19 of Block Twenty-eight (28) Old Town Plat Fayetteville, Washington County, Arkansas) 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 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. Wherefore, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this day of 12005 printed name si printed e signatu M � VAC05-1632 EAST SQUARE DEVELOPMENT close uP weW a Q-1 d C-� I ILL i RO11F-24 1 RM. F-24 _ MEADOW 5T - L2 MEA _J C3 I I oa � a oSUBJECT PROPERTY __ _ CENTER ST it €l 73 5 CENTER Si CLf x ' 'G4, El L o G o-1 R,:1F-24 G,J O ❑ Lj6 ' MOUNTAIN ST M N MOUNTAIN ST MOUNTAIN M UNTAIN �f- --- — I > I RMF❑-24� � a ---- 0 43 m C-0 < I � ❑ i RMF44 a T Ij C-4 m - - - R.O . T = STq e El ROCK ST L-1 C-4 1 N C] ROCK STS-- ROCK Si_ 3 1 _— ROCK ST CK T 1 i T ROCK ST C2 cl - - — ` C2 IF I f� - I ^ R1 ❑ ROOD D Ri.N: 24 - R024 - O 1R 0. R-0 O 2 Overview Legend ME VAC05-1632 Dt&M — FLOODWAY 500YEAR meow �r — 100YEAR --- LIMIT OF STUDY — — - e 1➢M PmAe e O Fayetteville Q aemary 0 75 150 300 450 600 Feet