HomeMy WebLinkAboutOrdinance 4961 Doc I0 : 010766510004 Tv De : REL
Recorded : 01/22/2007 at 02 : 20 : 56 PM
Fee Amt : $17 . 00 Pace 1 of 4
Washinaton Countv . AR
Bette Stamos Circuit Clerk
File2007-00002649
ORDINANCE NO, 4961
AN ORDINANCE APPROVING VAC 06-2289 SUBMITTED
BY CRAFTON TULL & ASSOCIATES FOR PROPERTY
LOCATED AT THE WEST END OF MARKHAM, WEST OF
SANG AVENUE, VACATING THE PORTION OF THE
RIGHT-OF-WAY SOUTH OF THE SIDEWALK
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 street right-of-way 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" Cross Section shown on Option 4 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 . The street improvements for the Pratt Place Inn (Condition of approval No. 1 for LSD
06-2195) shall be modified to require the street portion of Markham to be improved to 20
feet of pavement with a ditch on the north side sized for the appropriate design storm and
lined with native stone, and the south side shall be curb, gutter and storm sewer.
2. The sidewalk shall be located on the south side of Markham Street mainly within the
right-of-way, but may meander outside the right-of-way to avoid large trees, and shall be
constructed of asphalt and with its location and construction approved by the City Engineer.
The applicant shall grant an access easement to the City for any portion of sidewalk that lies
outside the current right of way.
3 . Exhibit A is slightly modified to conform with the two above conditions.
4. Any relocation of existing utilities within the . Markham Road right-of-way to be
vacated shall be at the owner/developer's expense.
5. Access to continue existing solid waste service along Markham Road, and future solid
waste service to the Pratt Place Inn shall be provided.
PASSED and APPROVED this 19th day of December, 2006. ��� ,° G�IY �F •�'n,�
SC1 � • 773
; FAYETTEVILLEO
APPROVE ATTEST: = rte
5'kA N S P�J`'`am•
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
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EXHIBIT lWo
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NUMBER BEARING DISTANCE
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- - L56 S 04050'28" W 140,020
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Washington County, AR
I ;certify this instrument was filed on
01/22/2007 ;02:20:58 PM
and recorded in Real Estate
File Number2007-..00002649
Bette !Stamps • Circuitle
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iz/r9 1a,6
November 14, 2006
To the City Clerk
City of Fayetteville
This is an appeal of the decision of the Planning Commission on November 13,
2006, denying our request to modify our Large Scale Development (LSD 06-2195)
through a Vacation petition (VAC 06-2289). We are the owners of record and according
to the Unified Development Code section 155.05 (2) we are allowed to appeal this
decision to the City Council. This appeal is being made after a telephone consultation
with Kit Williams today in which he explained the provision under which to make this
appeal.
The decision of the Planning Commission is in error for the following reasons:
1 . Because approval was recommended twice by the Planning Department staff.
2. Because the request was tabled at the October 23 Planning Commission meeting in
order to give the applicants the opportunity to respond to specific concerns of the
commissioners, which the applicants did in writing and with thorough documentation.
One of the commissioners' (i.e. Candy Clark and Alan Ostner ) stated concerns was that
we were bringing up the subject of a one-way circuit from Markham Road to the Inn and
exiting via Evangeline Lane for the fust time at the October 23 meeting, and there was
the unmistakable implication that we were trying to effect this modification
underhandedly. We presented evidence that we had informed them of this on August 24
in writing.*
3 . Because the Commission at its November 13 meeting did not bring up or discuss any
of the concerns they had expressed at the October 23 meeting and then requested that we
address at the next meeting (the very reason, in fact, that they tabled our vacation
request), but rather dismissed our request out of hand saying, "we have spent enough time
discussing this question," and quickly voted against the vacation request. This meant that
we were unable to present our response to their,concerns and the accompanying
documentation that we had spent hours gathering. The tabling of our request was in bad
faith, meant nothing, and resulted only in a tremendous waste of our time and a delay of
two weeks in our pursuit of the vacation request with the`City Council.
4. Because this was an arbitrary, capricious, perverse, and inexplicable decision on the
part of the Planning Commission.
RECEIVED
NOV 16 2006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Le i< ori ` SICGn� lZtdi ��- /0 514'6
Kindly confirm receipt of this request-and let us know at which City Council
meeting it will be discussed.
Si erely,
an 1 c r
*For the record, it should be noted that the Planning Commission members were
notified by an email from the applicants on August 24 that they were going to make
this vacation request; that is, BEFORE the first hearing of our LSD application by the
Planning Commission on August 28. At that meeting our engineer, Matt Crafton,
announced directly to the Commission that a vacation request was going to be
submitted. The right-of-way vacation form was signed by us, the applicants, on
August 31 and filed by our engineer on September 14. The purpose of mentioning
this is to point out that the vacation request was in the pipeline BEFORE the
applicants knew what action the Planning Commission was going to take on the Pratt
Place Inn LSD.
City Council Meeting of December 5, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operation
From: Jeremy C. Pate, Director of Current Planning
Date: November 16, 2006
Subject: Easement Vacation for Archer (VAC 06-2289)
RECOMMENDATION
The Planning Commission denied the applicants' request to vacate a portion of the Markham
Street right-of-way, west of Sang Avenue. The applicant has appealed the Planning
Commission's decision to the City Council.
Planning Staff recommends approval of an ordinance vacating a portion of the Markham Street
right-of-way, west of Sang Avenue.
BACKGROUND
The subject property is located at the west end of Markham Road, west of Sang Avenue on
Markham Hill in central Fayetteville. A Large Scale Development was approved on the property
by the Planning Commission on September 11 , 2005 for the Pratt Place Inn, a 7-guestroom inn
and 60-seat restaurant, and utilizing the barn for public and private gatherings. Access to the
property is directly off of Markham Road/Sang Avenue. Markham Road dead-ends into the
subject property west of Sang Avenue. At the time of the Large Scale Development approval, it
was discussed that the applicant had a desire to vacate the portion of Markham Road west of Sang
Avenue. The applicant owns all of the property adioining this section of Markham Road right-of-
way, and Markham Road is not planned to extend further west.
DISCUSSION
Notification was provided to all appropriate utility representatives and adjoining property owners;
there were no objections to this request. The Planning Commission voted 7- 1 -0 to deny this
vacation request, with Commissioner Trumbo voting not to deny. The main reasons given by the
Planning Commissioners to deny this request were traffic and pedestrian safety issues related to
the private drive (the subject vacation area) becoming a one-way driveway into the property,
requiring Evangeline Lane to become the primary exit. To address pedestrian safety the applicant
and Planning Staff discussed that the 20' paved private driveway could be striped for a 12' drive
lane and an 8' pedestrian/bike lane. Staff does not find that a dangerous traffic or pedestrian
safety condition would occur with the right-of-way vacation as proposed. Public sidewalks and
all other public street improvements would still occur on Markham west through the Sang
Avenue intersection.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06-2289 SUBMITTED BY
CRAFTON TULL & ASSOCIATES FOR PROPERTY LOCATED
AT THE WEST END OF MARKHAM, WEST OF SANG AVENUE,
VACATING 0.35 ACRE OF A RIGHT-OF-WAY 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 the
platted street right-of-way 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 . The street improvements for the Pratt Place Inn (Condition of approval No. 1 for LSD 06-
2195) shall be modified to require the private street portion of Markham to be improved
to 20' of pavement with ditches on both sides sized for the appropriate design storm,
lined with native stone.
2. The private portion of Markham Road shall not be gated.
3 . Relocation of existing utilities within the Markham Road right-of-way to be vacated shall
be at the owner/developer' s expense, should this become necessary.
4. Access to continue existing solid waste service along Markham Road, and future solid
waste service to the Pratt Place Inn shall be provided.
5. The Solid Waste Division must have access to the exit (Evangeline Lane) and is not
responsible for any damage done to the road, either paved or unpaved. A release has
been signed by the applicant indicating release of responsibility. All trees and brush must
be cut back off of Evangeline Lane and maintained on a permanent basis to assure total
access and no damage to vehicles due to branches and trees.
PASSED and APPROVED this 50' day of December, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
E
EXHIBIT "A"
VAC 06-2289
A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 1/4 OF
THE NE 1/4) AND A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER (NE 1 /4 OF THE NW 1 /4) OF SECTION SEVENTEEN ( 17), TOWNSHIP
SIXTEEN NORTH (TWP. 16 N.), RANGE THIRTY WEST (RNG. 30 W), CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF THE SE 1 /4 OF THE NW 1 /4 OF
SECTION 17, TWP. 16 N., RNG. 30 W. AND RUN THENCE NO2040129"E 7.06 FEET
ALONG THE WEST LINE OF THE NE 1 /4 OF THE NW 1 /4 OF SAID SECTION 17;
THENCE S86059'31 "E 379.79 FEET ALONG A LINE 10 FEET NORTHERLY FROM AND
PARALLEL WITH THE CENTERLINE OF PAVEMENT OF MARKHAM STREET;
THENCE SO4050'28 "W 40.02 FEET ALONG A LINE 20 FEET WESTERLY FROM AND
PARALLEL WITH THE CENTERLINE OF PAVEMENT OF SANG STREET PROJECTED;
THENCE N86059'31 "W 378.28 FEET TO THE WEST LINE OF SAID SE 1 /4 OF THE NW 1/4
OF SECTION 17; THENCE NO2°40'29"E 32.95 FEET ALONG SAID WEST LINE OF THE
SE 1/4 OF THE NW 1/4 TO THE POINT OF BEGINNING, CONTAINING
APPROXIMATELY 15161 .33 SQ. FT. OR 0.35 ACRES, MORE OR LESS.
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