HomeMy WebLinkAboutOrdinance 5452 Doc ID: 014294010004 Type. REL
Kind: ORDINANCE
Recorded: 11/08/2011 at 12:10:03 PM
Fee Amt: 530.00 Paae 1 of 4
Waehinaton Countv. AR
Bette Stamae Circuit Clerk
File2011.00031286
9
ORDINANCE NO. 5452
AN ORDINANCE APPROVING VAC 11-3940 SUBMITTED BY COOVER
CONSULTANTS FOR PROPERTY LOCATED IN THE SUMMIT PLACE
SUBDIVISION TO VACATE A PORTION OF A UTILITY EASEMENT
THROUGHOUT THE SUBDIVISION.
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 easements are 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 easements 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 conditions of approval and shall not
be in effect until the conditions are met.
1. Easements for water and sewer lines shall be 10 feet from centerline of pipes to the edge
of easements. No easements shall be vacated that result in less than 10 feet from the
centerline of a pipe to the edge of an easement. The owner/developer shall be required to
coordinate water and sewer locates and survey the marked locations of all water and
sewer lines and present the findings to the City of Fayetteville for review.
2. Any rearrangements in the electric distribution system which may be required by the
customer shall be paid for by the customer. New easements will be required to serve the
new subdivision layout.
3. Relocation or damage to utilities will be at the owner/developer's expense.
Page 2
Ordinance No. 5452
PASSED and APPROVED this 18'h day of October, 2011.
APPROVED: ATTEST:
By: �r-' By:
Lp�D JO A ,Mayor SONDRA E. SMITH, City ClerOTreasurer
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EXHIBIT "B"
VAC 11-3940
THE 5-FOOT PORTION OF THE EXISTING 25-FOOT UTILITY EASEMENT THAT IS
FARTHEST FROM THE STREET RIGHT-OF-WAY, RESULTING IN A FINAL UTILITY
EASEMENT WIDTH OF 20 FEET ALONG MARKS MILL LANE, MARWOOD AVENUE,
WINDSWEPT LANE, OZARK VIEW DRIVE AND CHAMPION DRIVE IN THE SUMMIT
PLACE SUBDIVISION, EXCEPT ALONG THE EAST SIDE OF FRESHWATER AVENUE
WHERE A 10-FOOT PORTION OF THE EXISTING EMPTY 25-FOOT UTILITY
EASEMENT IS TO BE VACATED RESULTING IN A FINAL UTILITY EASEMENT
WIDTH OF 15 FEET.
Washington County, AR
I certify this instrument was filed on
11/08/2011 12:10:03 PM
and recorded in Real Estate
File Number 2011-00031288
Bette Stam s-Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
1 011 8/2 01 1
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 11-3940: Vacation (Summit Place Subdivision, 329): Submitted by COOVER CONSULTANTS for property
located at the SOUTH SIDE OF TOWNSHIP STREET AND EAST OF COLLEGE AVENUE. The property is zoned
NC, NEIGHBORHOOD CONSERVATION. The request is to vacate a portion of a utility easement throughout the
subdivision.
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
� - q .30� 154b E Previous Ordinance or Resolution#
Departr "en�tVector Date
L, Original Contract Date:
`- -)a Zd l I Original Contract Number:
CilyAttomey {� Date
Finance and Internal Services Director Date Received in Cityf - -
Clerk's Office
Chief of 5 Date p
Received in EnEq
� IJMayor's Office
yor IL /�Dat
Comments:
Revised January 15,2009
Taye
evi le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: September 30, 2011
Subject: VAC 11-3940 (Summit Place Utility Easement Vacation)
RECOMMENDATION
Planning Staff and the Planning Commission recommend approval of an ordinance vacating a portion of a utility
easement throughout the Summit Place neighborhood.
BACKGROUND
The subject property is located approximately 500 feet east of College Avenue on the south side of Township Street.
The final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This final plat created 50
single family lots.
This property was recently rezoned from RSF-4, Residential Single Family Four Units Per Acre to NC,
Neighborhood Conservation. The applicant proposes to re-plat the Summit Place subdivision from 50 single family
lots into 123 single family lots (PPL 11-3902). Because the NC zoning district is a form-based zoning district homes
are required to be placed close to the street within a 0-25-foot build-to zone. The original Summit Place Subdivision
platted a 25-foot front setback and utility easement adjacent to the street. In order to be able to construct homes
within the build-to zone, the applicant proposes to vacate the rear 5-feet of the 25-foot utility easement adjacent to
the public streets throughout this neighborhood.
The applicant's request is to vacate the rear five feet of a general utility easement located adjacent to all of the
interior streets in the Summit Place Subdivision. The applicant has submitted the required easement vacation
notification forms to the utility companies with no objections.
DISCUSSION
On September 26, 2011, the Planning Commission forwarded this item to the City Council with a recommendation
for approval with a vote of 7-0-0.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 11-3940 SUBMITTED
BY COOVER CONSULTANTS FOR PROPERTY LOCATED
IN THE SUMMIT PLACE SUBDIVISION TO VACATE A
PORTION OF A UTILITY EASEMENT THROUGHOUT THE
SUBDIVISION.
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 easements are 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 conditions of approval and shall not
be in effect until the conditions are met herein.
1. Easements for water and sewer lines shall be 10 feet from centerline of pipes to the
edge of easements. No easements shall be vacated that result in less than 10 feet from the
centerline of a pipe to the edge of an easement. The owner/developer shall be required to
coordinate water and sewer locates and survey the marked locations of all water and
sewer lines and present the findings to the City of Fayetteville for review.
2. Any rearrangements in the electric distribution system which may be required by the
customer shall be paid for by the customer. New easements will be required to serve the
new subdivision layout.
3. Relocation or damage to utilities will be at the owner/developer's expense.
Ord. Pg 2
PASSED and APPROVED this day of 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT `B"
VAC 11-3940
THE 5-FOOT PORTION OF THE EXISTING 25-FOOT UTILITY EASEMENT THAT IS
FARTHEST FROM THE STREET RIGHT-OF-WAY, RESULTING IN A FINAL UTILITY
EASEMENT WIDTH OF 20 FEET ALONG MARKS MILL LANE, MARWOOD AVENUE,
WINDSWEPT LANE, OZARK VIEW DRIVE AND CHAMPION DRIVE IN THE SUMMIT
PLACE SUBDIVISION, EXCEPT ALONG THE EAST SIDE OF FRESHWATER AVENUE
WHERE A 10-FOOT PORTION OF THE EXISTING EMPTY 25-FOOT UTILITY
EASEMENT IS TO BE VACATED RESULTING IN A FINAL UTILITY EASEMENT
WIDTH OF 15 FEET.
•
aye evlle PC Meeting of September 26, 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 Gamer, Senior Planner
THRU: Jeremy Pate, Development Services Director
DATE: September 19 201 Updated September 30. 2011
VAC 11-3940: Vacation (SUMMIT PLACE SUBDIVISION, 329): Submitted by
COOVER CONSULTANTS for property located the SOUTH SIDE OF TOWNSHIP
STREET EAST OF COLLEGE AVENUE. The property is zoned NC,
NEIGHBORHOOD CONSERVATION and contains approximately 30.13 acres. The
request is to vacate a portion of a utility easement throughout the subdivision.
Planner: Andrew Garner
Findings:
Property Description and Background: The site is the Summit Place Subdivision located
approximately 500 feet east of College Avenue on the south side of Township Street. The
final plat for the Summit Place Subdivision was filed of record on January 22, 2008. This
final plat created 50 single family lots.
This property was recently rezoned from RSF-4, Residential Single Family Four Units
Per Acre to NC, Neighborhood Conservation. The applicant proposes to re-plat the
Summit Place subdivision from 50 single family lots into 123 single family lots (PPL 11-
3902). Because the NC zoning district is a form-based zoning district homes are required
to be placed close to the street within a 0-25-foot build-to zone. The original Summit
Place Subdivision platted a 25-foot front setback and utility easement adjacent to the
street. In order to be able to construct homes within the build-to zone, the applicant
proposes to vacate the rear 5-feet of the 25-foot utility easement adjacent to the public
streets throughout this neighborhood.
Request: The applicant's request is to vacate the rear five feet of a general utility
easement located adjacent to all of the interior streets in the Summit Place Subdivision.
The applicant has submitted the required easement 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