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Home My WebLink AboutOrdinance 5318 VfiliiilNiiiiiillliiiillilliillillNulNliilllifiiiillllllllllllllllll Doc ZDd "'-019459740003 Type. REL Kind: ORDINANCE - Recorded: 05/28/2010 at 02:58:15 PM Fee Amt: $25.00 Paae 1 of 3 Nashinaton County. AR $Otte $tames Circuit Clerk Fi1e2010-00014359 ORDINANCE NO. 5318 AN ORDINANCE APPROVING VAC 10-3539 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED ALONG THE EASTERN PROPERTY LINE OF 740 LOLLAR LANE TO VACATE A PORTION OF A 15-FOOT ALLEY THAT RUNS FROM COLLEGE AVENUE TO THE SUBJECT PROPERTY,A TOTAL OF 1,875 SQUARE FEET. 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 15-foot alley 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 in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A 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 follow, and shall not be in effect until this condition is met herein. 1. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this 4s'day of May, 2010. APPROVED: ATTEST: 4UTRr '�r,,� By: By: `\�' 10 ELD JO ,Mayor SONDRA E. SMITH, City Clerk/Tre@&r A c ;FAyETTEVILLE: Exhibits for this ordinance maybe viewed in the office of the City Clerk/Treas er. . . � LAURA e , ■ LOLLAR � �\ t� v \ . « . . PRospecrsr SUBJECT PROPERTY ti 75 150 225 300 Feet ��d \ t « d �� . . % «f EXHIBIT "B" VAC 10-3539 BEGINNING AT THE NW CORNER OF SAID LOT 3, THENCE SOUTH 125' ALONG THE WEST LINE OF SAID LOTS 3 AND 4 TFIENCE WEST 15' TFIENCE NORTH 125' MORE OR LESS THENCE EAST 15' TO THE P.O.B.; CONTAINING 1875 SF MORE OR LESS. a� in,n Cow:.y Ap �u Lcert1 this instrument was filed on :05!28/2010 02:58:15 PM and recorded in Real Estate File Number 2010-00014359 Bette Stamps.Circuit Clerk City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 5/4/2010 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 10-3539: (Laura McKinnon, 445): Submitted by Jorgensen and Associates for property located along the eastern property line of 740 Lollar Lane. The property is zoned R-O, Residential Office. The request is to vacate a portion of a 15-foot alley that runs from College Avenue to the subject property. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached O ➢AUm.G 1'17,kL • 01.6$ft Previous Ordinance or Resolution# Department Di ctor /` Date j I Original Contract Date: �------� N'��S 'Lu`(J Original Contract Number: City Attorney rnneey p n Date `i Q _ la.o, Ll- 15-2016 Finance and Internal Services Director Date Received in City Clerk's Office gyor5 Date �HTFR�p Received in Mayor's Office D Da Comments Revised January 15, 2009 eve THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTME.N'E CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Jeremy Pate, Development Services Director From: Andrew Garner, Senior Planner Date: April 13, 2010 Subject: VAC 10-3539 (740 Lollar Lane Alley Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating an alley on the subject property containing approximately 1,875 square feet. BACKGROUND The subject property is located at 740 Lollar Lane. There is a 15-foot wide alley that runs from College Avenue, continuing west and north along the east property line of 740 Lollar Lane. The alley originally connected College Avenue to Prospect Street but was vacated by City Council in 1997 (Ordinance No. 4060) and now ends at the applicant's property. The applicant owns the property on the east and west sides of the alley. The applicant's request is to vacate a portion (1,875 square feet) of this alley that bisects their property. DISCUSSION The applicant has submitted the required notification forms to the utility companies and to the City water, sewer, engineering, solid waste, and transportation divisions with no objections to the vacation of the alley. On April 12, 2010 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3539 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED ALONG THE EASTERN PROPERTY LINE OF 740 LOLLAR LANE TO VACATE A PORTION OF A 15-FOOT ALLEY THAT RUNS FROM COLLEGE AVENUE TO THE SUBJECT PROPERTY, A TOTAL OF 1,875 SQUARE FEET. 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 15-foot alley 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 in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A 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 follow, and shall not be in effect until this condition is met herein. 1. Any relocation of existing utilities shall be at the owner/developer's expense. PASSED and APPROVED this day of 12010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXMMIT "A" VAC10-3539 LAURA MCKINNON/740 LOLLAR LANE Close Up View / PROSPECTST a RSF{ PROSPEOrsr � .NAf 24;[� E SUBJECT PROPERTY H-0 t 1 {vn F y 5 Y i 1 � i REeECCAST O J Cq TRENTONgLVO. 9 02 2 Overview 0 37.5 75 150 225 300 Feet VAC 10-3539 BEGINNING AT THE NW CORNER OF SAID LOT 3, THENCE SOUTH 125' ALONG THE WEST LINE OF SAID LOTS 3 AND 4 THENCE WEST 15' THENCE NORTH 125` MORE OR LESS THENCE EAST 15' TO THE P.O.B.; CONTAINING 1875 SI, MORE OR LESS. s" 0 le /Taye I PC Meeting of April 12, 2010 ARKANSAS 1IIF CITY OF FAYETTFIVII.LF, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner THRU: Jeremy Pate, Development Services Director DATE: ApriUpdatedApril 13 2010 VAC 10-3539: Vacation: (LAURA MCKINNON/740 LOLLAR LANE, 445): Submitted by JORGENSEN & ASSOC for property located ALONG THE EASTERN PROPERTY LINE OF 740 LOLL.AR LANE. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.04 acres. The request is to vacate a portion of a 15' alley that runs from College Avenue to the subject property Planner: Andrew Garner Findings: Property Description: The subject property is located at 740 Lollar Lane. There is a 15- foot wide alley that runs from College Avenue, continuing west and north along the east property line of 740 Lollar Lane. The alley originally connected College Avenue to Prospect Street but was vacated by City Council in 1997 (Ordinance No. 4060) and now ends at the applicant's property. The applicant owns the property on the east and west sides of the alley. SURROUNDING LAND USE AND ZONING: Direction from Site Land Use Zoning North Single-family RMF-24; R-O South Multi-family RSF-4 East Undeveloped RSF-4 West Office R-O Request: The applicant's request is to vacate a portion (1,875 square feet) of an alley that bisects and dead-ends at the applicant's property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections G.\E PC�Development Services Review\2010\Development Review\10-3539 VAC McKinnon 740 Lollar Ln\03-Planning Commission Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. All affected adjacent property owner have submitted written verification of not object to the vacation of the alley. Recommendation: Finding that adequate access exists to serve the existing properties and vacation of the subject portion of alley will have no adverse impacts, staff recommends forwarding VAC 10-3539 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: I_ Any relocation of existing utilities shall beat the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded 0 Denied ❑ Tabled Date: April 12,2010 Motion: Cabe Second: Earnest Vote: 7-0-1 (Lack recused) Note: On consent agenda. GAF FC\Development services Review\2010\Development Review\I0-3539 VAC McKinnon 740 Lollar I.n\03-Planning Convnission JORGENSEN & ASSOCIATES CIVIL ENGINEERS SURVEYORS 124 WEST SUNBRIDGE,SUITE 5 ' FAYETTEVILLE,ARKANSAS 72703 (479)442-9127 FAX(479)5824807 DAVID L.JORGENSEN,P.E.,P.L.S. JUSTIN L.JORGENSEN,P.E. BLAKE E.JORGENSEN,P.E. 2/16/10 City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Attn: Planning Re: McKinnon Alley Vacation Attached please find information pertaining to the alley vacation for McKinnon. This is a 15' alley that will be vacated between the two properties owned by McKinnon. Please call concerning any questions you may have. Thank you. Sincerely; David L. Jorgensen, P.E. PUBLIC WORKS'LAND DEVELOPMENT'WATER SYSTEMS'WASTEWATER SYSTEMS'LAND SURVEYING'