HomeMy WebLinkAboutOrdinance 4953 Doc ID :
Recorded : 012%29%2006 atT03B56R18 PMS
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Fee Amt : $17 . 00 Paoe 1 of 4
f Mashinoton Countv . AR
1 Bette Stamos Circuit Clerk
Flle2OO6-00052305
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ORDINANCE NO. 4953
AN ORDINANCE APPROVING VAC 06 - 2337
SUBMITTED BY KEVIN PITTMAN FOR PROPERTY
LOCATED AT 1985 PURVA PLACE, VACATING A
PORTION OF THE 25 FOOT UTILITY EASEMENT
LOCATED LONG THE SOUTHERN PROPERTY LINE
ADJACENT TO NEW BRIDGE ROAD
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 the 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 Council of 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 as
follows, and shall not be in effect until all conditions are met herein.
1. Any relocation of existing utilities shall beat the owner/ developer's expense.
2. Only that portion of the utility easement into which the home currently
encroaches is vacated by this approval.
3. The portion of the home within the front BSB/ UE along Purva Place shall be
removed pursuant to the Board of Adjustment decision on June 05, 2006 prior to
t ,
commencement of construction on the new portion of the house or any additional
interior work.
C ,GST Y 0,c ;;p
PASSED and APPROVED this 21St day of November, 2006. 3
FAYETTEVILLE ;
APPROVED: ATTEST:
< r�9;9/(ANSP�'J�'�c
By: _ By: � �- U ,VGTONr ��`��
DAN COODY, Mayor / SONDRA SMITH, City Clerk
r .
EXHIBIT "A".
VAC 06-2337
A PART OF LOT NUMBERED 14, BRIDGEPORT SUBDIVISION, PHASE 8,
FAYETTEVILLE, ARKANSAS PER THE FINAL PLAT RECORDED IN PLAT BOOK 23 ,
PAGE 129 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT WHICH IS S87° 13 ' 00"E 57.36' AND NO3°40'06"E
7.89' FROM THE SOUTHWEST CORNER OF SAID LOT 14 AND RUNNING THENCE
NO3040'06"E 17. 12' , THENCE S87013 ' 00"E 43 .441 , THENCE S02031 '20"W 17.73 ' , THENCE
N86024'25"W 43.79' TO THE POINT OF BEGINNING.
.. . .... . .... .. . . . . .. ... __. .. . . . .. . .
,
EXHIBIT "B"
..PLAT,) OF SURVEV
(Dated o2 -,�t -os)
VARIANCE REQUEST
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DETAIL: SCALE 1 inch = 30 feet . 126.056 1
T— I 25.0'
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GRAPHIC SCALE (IN FEET)
1 Inch = 500. 1 HEREBY CERTIFY THIS TO BE TRUE AND CORRECT :
TO THE BEST OF MY KNOWLEDGE AND BELIEF
SURVFYDESCRIPTION- ON THIS THE-__-DAY of __ . 2006-
LOT NUMBERED 14, BRIDGEPORT aatt ttt tfflm,
SUBDIVISION, PHASE 8, FAYETTEVILLE, ��`� j $ '�1 11�,,!
ARKANSAS PER THE FINAL PLAT RECORDED `��• 4�+ ,,.••••••., �'Q
IN PLAT BOOK 23, PAGE 129 IN THE O'FF'fCE :'STATE OF%
OF THE CIRCUIT CLERK AND EX-OFFICIO ARKANSAS
RECORDER OF WASHINGTON COUNTY. t NO. 1532 : v�
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G 10 4 /G v .r.,.n _�.�.�' :l an, en IF THE SIGNATURE 014 THIS SEAL IS HOT-AN
Washington County, AR
I certify this instrument .was filed on
1'2/29%2006 01 :36: 1.81pm
,and recard"ed ;in (Real (Estate
File ;NumbeP2008`00052305 r' I
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ALDERMAN AGENDA REQUEST FORM
� 9sj
FOR: COUNCIL MEETING OF November 21, 2006
FROM: Shirley Lucas
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
1985 Purva Place easement vacation - Kevin Pittman
AN ORDINANCE APPROVING VAC 06-2337 SUBMITTED BY KEVIN PITTMAN FOR
PROPERTY LOCATED AT 1985 PURVA PLACE, VACATING A PORTION OF THE 25 FOOT
UTILITY EASEMENT LOCATED ALONG THE SOUTHERN PROPERTY LINE ADJACENT
TO NEW BRIDGE ROAD.
APPROVED FOR AGENDA:
Alderman Date
I 1� ( ( l�-0-06
L
my1Pa4e Date
or f ent Planning
City Council Meeting of November 21 , 2006
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: November 14, 2006
Subject: Easement Vacation for Pittman (VAC 06-2337)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a 25 ' utility
easement located along the southern property line at 1985 Purva Place, adjacent to New
Bridge Road.
BACKGROUND
This residential lot is identified as Lot 14 in the Bridgeport Subdivision, Phase 8 at 1.9.85
Purva Place. The subject property is an existing 25-foot utility easement located along .
the southern property line adjacent to New Bridge Road. This easement is not being used
by any utility providers. The requested easement vacation is due to a new residence on .
the property that was constructed into the utility easement.
A building permit was granted fora single family house in 2005 on the property, meeting
all required 25-foot front setbacks. Upon inspection, the home was found to encroach
within the Purva Place building setback/uiility easement (BSB/UE) and the New Bridge
Road BSB/UE, A stop work order was issued by Building Safety and violation notices
sent. In May of 2006, the original builder applied for variances of the building setback
violations, a Board of Adjustment consideration. After deliberation, the Board of
Adjustment denied the variance request on Purva Place, requiring the applicant to remove
a portion of the home encroaching into the setback. On New Bridge Road, however, a
special condition unique to this property was determined because of a change in the
Master Street Plan right-of-way, and a variance for the building setback encroachment
was approved.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property
owners; there were no objections to this request. The Planning Commission voted 8-0-0
to forward this item to the City Council with a recommendation for approval.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2337 SUBMITTED BY KEVIN
PITTMAN FOR PROPERTY LOCATED AT 1985 PURVA PLACE, VACATING
A PORTION OF THE 25 FOOT UTILITY EASEMENT LOCATED ALONG THE
SOUTHERN PROPERTY LINE ADJACENT TO NEW BRIDGE ROAD.
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 the
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 Council of the City of Fayetteville, Arkansas hereby vacates land
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 as follows, and
shall not be in effect until all conditions are met herein.
I . Any relocation of existing utilities shall be at the owner/developer' s expense.
2. Only that portion of the utility easement into which the home currently encroaches is
vacated by this approval.
3. The portion of the home within the front BSB/UE along Purva Place shall be removed
pursuant to the Board of Adjustment decision on June 05, 2006 prior to commencement
of construction on the new portion of the house or any additional interior work.
PASSED and APPROVED this—day of., 2006.
APPROVED :
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-2337
A PART OF LOT NUMBERED 14, BRIDGEPORT SUBDIVISION, PHASE 8,
FAYETTEVILLE, ARKANSAS PER THE FINAL PLAT RECORDED IN PLAT BOOK 231
PAGE 129 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT: BEGINNING AT A POINT WHICH IS S87° 13 '00"E 57.36' AND NO3°40' 06"E
7. 89' FROM THE SOUTHWEST CORNER OF SAID LOT 14 AND RUNNING THENCE
NO3040' 06"E 17. 12 ' , THENCE S87013 '00"E 43 .44' , THENCE S02031120"W 17.731, THENCE
N86024'25"W 43 .79' TO THE POINT OF BEGINNING.
EXHIBIT "B"
PLAT • OF SURVEYY
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VARIANCE REQUEST
3
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10.06, U.TIE. a
S 8713400" E
DEfAIf.: SCALE I inch = 30 feet 726.05' 7
�— 25.0' r._..-(o¢o
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125' ELECTRIC EASIDJENT
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04 50' 100' 150` {Tj YAC efis}�To�u1+� QaFsnb�
GRAPHIC SCALE (IN FEP-n
1 Inch = 50R. I NEWBY CERTIFY THIS TO BE TRUE AND CORRECT
TO THE BEST OF NY KNOWLEDGE AND BELIEF
SURVEY DESCRIPTION: ON Trac TTIE- DAY OF __ . 2006.
LOTNU
BERED 141 BRIDGEPORT
SUUBDIVISIION, PRASE 8, FAY=- VILLE, ``���• �tyl ST EJB ;'•,.,
ARKANSAS PER THE FINAL PLAT RECORDED0400004040 Q L,
IN PLAT BOOK 23, PAGE 124 IN THE OFFICE STATE OFA'•,
OF THE CIRCUIT CLERK AND EX-OFFICIO ARKANSAS
RECORDER OF WASHINGTON COUNTY_ o NO. 1532 7 o _
' =
Q0, • ems `
��� � �� `
.-0 W ocs- 'l0 D. ` . .
IF THE SIGNATURE ON THIS SEAL 6 NOT-AN
A
00jaL PC Meeting of November 13 , 2006
ARKANSAS
THE CITY OF FAYETTEVILLE . ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701 .
PLANNING DIVISION CORRESPONDENCE Telephone: (479j 575-8267
TO: Fayetteville Planning Commission
'FROM: Andrew Garner, Senior Planner .
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: '`� oo Updated November 14, 2006
VAC 06-2337: (PITTMAN, 361): Submitted by KEVIN PITTMAN for property
located at 1985 PURVA PLACE. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.31 acres. The request is to vacate a portion
of a utility easement within the south setback to accommodate a non-conforming
structure.
Property Owner: Kevin Pittman
Planner: Andrew Garner
Findings:
Property Description and Background: This property is identified as Lot 14 in the
Bridgeport Subdivision, Phase 8, addressed at 1985 Purva Place at the northeast corner of
New Bridge Road and Purva. The easement vacation is a portion of a 25-foot utility
easement located along the southern property line adjacent to New Bridge Road. This
subject portion of the easement is not being used by any utility providers.
A building permit was granted for a single family house in 2005 on the property, meeting
all required 25-foot front setbacks and 8-foot rear setbacks. Because the lot is a comer
lot, it has two fronts and two sides. Additionally, the front building= setbacks are also
dedicated as utility easements by the final plat of Bridgeport Phase 8. Dt7ring construction
of the home, an inspector in the field contacted the Planning Division, noting that the
house seemed to be close to New Bridge Road. Upon inspection, the home was found to
encroach within the Purva Place building setback/utility easement (BSB/UE) and the
New Bridge Road BSB/UE. A stop work order was issued by Building Safety and
violation notices sent.
In May of 2006, the original builder applied for variances of the building setback
violations, a Board of Adjustment consideration. After deliberation, the Board of
Adjustment denied the variance request on Purva Place, requiring the applicant to remove
a portion of the home encroaching into the setback. On New Bridge Road, however, a
special condition unique to this property was found, and a variance for the building
A:\Rcpons\2006\PC Reports\I I-13-06\VAC 06-2337 (PiWnun).doc
setback encroachment was approved. The special condition found involves the
classification of New Bridge Road as a Collector Street on the Master Street Plan.
Accordingly, 35 feet from centerline was dedicated with the platting of Bridgeport Phase
8 adjacent to this lot. However, previous phases of Bridgeport directly adjacent to this lot
(to the west) were developed prior to this classification, and have reduced right-of-way.
This allows the homes on New Bridge Road adjacent to the subject property to be located
much closer to the street. Additionally, Purva Place extendsto the north of New Bridge
' Road and is a short, dead-end cul-de-sac because of the creek to the north. A turn lane to
turn left (north) onto Purva Place is unlikely to be constructed, due to the very low
volume of traffic needing to turn onto Purva Place from New Bridge Road. It was found
that a variance was appropriate in this location, and the construction of the home in its
present location was in keeping with the character of the neighborhood.
Though this concluded the zoning violation matter, the construction of the home within a
utility easement had .yet to be resolved. After a period of 60 days with no action, final
violation notices were delivered. The owner of the property met with City staff to discuss
the course of action. According to the property owner, the original builder of the home
was fired and the owner is in the process of hiring a new builder to tear down the Purva
side of the home and complete construction. A utility easement vacation for the portion
of the house that is to remain is needed.
Request: The applicant's request is to vacate a portion of the 25 ' utility easement in front
of the house along New Bridge Road. The applicant has submitted the required
notification forms to the utility companies and to the City with the result summarized
below.
UTILITIES RESPONSE
Cox Communications No Objections
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T/ Southwestern Bell Telephone No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No objections
Engineering No Objections
Solid Waste No Objections
Public Comment: Staff has not received public opposition to this vacation request.
K:acponsU006U'C Reports\I 1 -13-06\VAC 06-2337 (Pigman).doc