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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 e�+� RWTR �<<. Al' G.NS Y D �` • � =U• ;FAYETiEVlLLE; '.9sy:4;KANSQS J��a ^u{ AC 11-3940 -rte � ,\'� o n '�,, -,,�. • ' �I uvx xre � ' 't �X./ �� 3.-`� q ��� F � ptl •�pg f�.0 IR .[.x IR IppT� ! ,� ', r` . - ! '��;� At '' 'N . L� -e��� -E�i P. 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"g �. , �i�'. � ',tl ���'< =� 1,�E ' `ir` [ e �• '"ESI - � i §� �-a.` { 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 X1111111111111 Hlilfi1§p111111llllE1XHIBITrIAi9iiiiiiiiiiiiiiiilillliiillllliii VAC 11�9Q0 �L- LC I n-lwffm All r y rr r w»l IK1 �.���' i� / '�. aS RQII4 t:Y i1v IAg F� Cay Rr C EIA R&� p 1 Y �' rl •���x� ` •amu _ '� .-Z T♦ 3 � 1 � •A '�}. A] !L, �' �_ J � g I., '.,i f'/J ha0' a-�• e `ti��`�� eJ j,�.v l � \Yep ���' \���� ,`�..� -_ _ 1 C� v�R• �� t� � rl � o�� ��\`-r`�' , rot. �� i.� �!1 � �a - . mwra.oa.vo oos � . ,i %% 'cP ,j `t „7. r• � a a � ti \ 1p ..riv.r � Tq R�S �v �> � � � 'l-�,)•' �.. -r_�J ��'. ,I .J� T}.'� � I. I r, rt �. C r NOOt93Al,�ln�9dVr1�?AA` � J- ell 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