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Home My WebLink AboutOrdinance 5401 Iii'iii iiiu«iiiNiiillilti0003li�iiiiiiiiiiiiiiiiiiiiiiiii Doc ID 034009980009 Type. REL Klnd: ORDINANCE FeeoAmta:$25/00/Pace 3tofOg42:40 AM Washinoton County. AR Bette StamasClret0012839 File20 1 1- 0ul ORDINANCE NO. 5401 AN ORDINANCE APPROVING VAC 11-3792 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUES TO VACATE A 15-FOOT WIDE ALLEY RIGHT-OF-WAY. 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 platted alley 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 alley right-of-way as 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 following Condition of Approval and shall not be in effect until this condition is met: "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this 19`h day of April, 2011. �•``o��T R�SG�,, �e G\AY Oc. p e APPROVED: ATTEST: _ :FAYETTEVILLE; 9sy RKANSPpJ�� .i��,/VG 101�1e,Gaa��e B By: ��Maf/u`/ Max) O LD JORD N, yor SONDRA E. SMITH, City Clerk/Treasurer 1F11ashingtorf Cdunty,AR {,cernfythislinstrumentwasfiled0n 05H'0/2011 '10:42:40 AM and recorded in Real Estate File Number 2011-00012839 Bette Stps ir uit Clerk XHIBIT "All u nA_u_0_ I S I _ x0AAO'[ i 99 S' q ��v t I O ue I bel wr a 1 N � T b q°�prebp IN 1 � X'al — —_ •w I I O I g� Vg I :4 992-33 9'1 99. I' y IA9.S3' ' 91onr Arno_ ��opa n n = F 901E 0 N e Oo'crw p N FOxN p Nr J f FNq _ y B ONA NF m C •� W n I' '� Od n o n wiO 00 ALLEY VACATION -- er ' ' to9 EXHIBIT EXHIBIT "B" VAC 11-3792 ALLEY VACATION DESCRIPTION ALL OF THE 15' WIDE EAST/WEST ALLEY RUNNING BETWEEN LOTS 16, 25, 26, 27, 28, 29, AND 30 OF BLOCK 1 OF OAKLAND PLACE ADDITION RECORDED IN PLAT BOOK 5 AT PAGE 62 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 4/19/2011 City Council Meeting Date Agenda Items Only Andrew Garner Planning Development Services Submitted By Division Department Action Required: VAC 11-3792: (U of A, 62): Submitted by H2 Engineering for property located on the north side of Douglas Street between Oakland and Storer Avenues. The property is zoned RMF-40, Residential Multi-Family, 40 units per acre. The request is to vacate a 15 foot wide alley right-of-way. 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 '��-w,yc'6� u- ,p.'}Pt Previous Ordinance or Resolution# Departmenl Director Date Original Contract Date: Lll ( Original Contract Number: City Attorney Date Finance and Internal Services Director Date Received in CityO 4-0 1 1 A 0 1 : 18 R C V D Clerk's Office I'K, C%elfof S ff Date • Received in / U Mayor's Office 'f M yor ! ate Comments: Revised January 15,2009 a e evl le THE CITY OF FAYETTEVILLE,ARKANSAS Y DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor and City Council ,,,pp Thru: Jeremy Pate, Development Services DirectoA From: Andrew Garner, Senior Planner Date: April 1, 2011 Subject: VAC 11-3792 (University of Arkansas Alley Vacation) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a 15-foot wide public alley on the subject property. BACKGROUND The subject property is located on the north side of Douglas Street between Oakland and Storer Avenues, and is developed for a parking lot that is owned by the University of Arkansas. The surrounding land use consists of single and multi-family residences and surface parking lots. There is a 15-foot wide alley that bisects the property connecting between Oakland and Storer Avenues. This platted alley is completely surrounding by property owned by the University of Arkansas and does not serve any parcels. The applicant's request is to vacate the 15-foot alley as indicated on the attached survey. 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 March 28, 2011 the Planning Commission unanimously forwarded this request to the City Council with a recommendation for approval. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 11-3792 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUES TO VACATE A 15-FOOT WIDE ALLEY RIGHT-OF-WAY. 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 platted alley 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 alley right-of-way as 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 following Condition of Approval and shall not be in effect until this condition is met: "Any relocation of existing utilities shall be at the owner/developer's expense." PASSED and APPROVED this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer .,lrrmr . ,w�.z�rrllrn ,EXHIBIT ,All I 115.9!' 90' �'•VE yg �— 9993" x3 $ I I8g LFI � ro N ete Ic,ct x: eel 115.),• 4� — _ 901.53 9'w 99. 1. + 1.0.59' ` I - 9mr.r•rmu. W ��oPn n r9Wm0 —pJ z p Ny J ° OPE O CI np p. � S 9 u G]N f•1 , ] � b J D 7 F sgma_ � a °j an 0 ] ao a ALLEY VACATION ° l XHIBIT EXHIBIT "B" VAC 11-3792 ALLEY VACATION DESCRIPTION ALL OF THE 15' WIDE EAST/WEST ALLEY RUNNING BETWEEN LOTS 16, 25, 26, 27, 28, 29, AND 30 OF BLOCK 1 OF OAKLAND PLACE ADDITION RECORDED IN PLAT BOOK 5 AT PAGE 62 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS. Taye evile PC Meeting of March 28, 2011 ARKANSAS THE CITY OF FAYETTEVILLE, 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: March ' 4�, Updated April ], 2011 VAC 11-3792: Vacation (BETWEEN OAKLAND AND STORER AVER OF A, 62): Submitted by H2 ENGINEERING for property located on the NORTH SIDE OF DOUGLAS STREET BETWEEN OAKLAND AND STORER AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains approximately 1.41 acres. The request is to vacate a 15-foot alley right-of-way. Planner: Andrew Garner Findings: Property Description: The subject property is located on the north side of Douglas Street between Oakland and Storer Avenues, and is developed for parking lot that is owned by the University of Arkansas. The surrounding land use consists of single and multi-family residences and surface parking lots. There is a 15-foot wide alley that bisects the property connecting between Oakland and Storer Avenues. This platted alley is completely surrounding by property owned by the University of Arkansas and does not serve any parcels. Request: The applicant's request is to vacate the 15-foot alley as indicated on the attached survey. The applicant has submitted the required alley right-of-way vacation 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 Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections G:\ETC\Deveiopment Services Review\2011\Development Review\11-3792 VAC N.side of Douglas St(U of A Alley)\03 Planning Commission\03-28-2011\Comments and Redlines AT&T No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: Two adjacent property owners inquired about the requested vacation but did not have any objection. Recommendation: Staff recommends forwarding VAC 11-3792 to the City Council with a recommendation for approval subject to the following conditions: 1. Any damage or relocation of utilities shall be at the owner/developer's expense. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied [7 Tabled Date: March 28, 2011 Motion: Cabe Second: Chesser Vote: 8-0-1 (Lack recused) Note: On consent agenda. GAETC\Development Services Review\2011\Development Review\11-3792 VAC N.side of Douglas St(U of A Alley)\03 Planning Commission\03-28-2011\Comments and Redlines nH 2 ENGINEERING, INC. March 2, 2011 City of Fayetteville Planning Commission 113 West Mountain St. Fayetteville, AR 72701 RE: UNIVERSITY OF ARAKSAS JEAN TYSON CHILD DEVELOPMENT STUDY CENTER ALLEY VACATION To Whom It May Concern: Please accept this letter as our official request for an Alley Vacation running east and west through the center of the above referenced property. The property was recently converted into a parking lot, thereby removing the need for this alley to be in use. The platted alley does not currently serve any parcels on this property. We are proposing a new facility on this property which will further remove the need for a public alley in this location. Also,the configuration and size of our proposed facility will place a portion of the facility within the existing alley. The property is surrounded by streets on 3 sides which are more than adequate to service the proposed facility. All utility agencies and required city divisions have granted their approval for the vacation of this alley. Thank you for your consideration of this request. Respectfully, n Jeremy"Thompson, P.E. Vice President