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HomeMy WebLinkAboutOrdinance 5661ORDINANCE NO. 5661 AN ORDINANCE APPROVING VAC 13-4587 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 1285 EAST MILLSAP ROAD, TO VACATE UNCONSTRUCTED RIGHT-OF-WAY FOR MILLSAP ROAD, A TOTAL OF 1.58 ACRES. 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 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 right-of-way 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 Condition of Approval and shall not be in effect until the condition is met. The right-of-way for Millsap Road shall remain until it crosses Private Drive 1285, which provides a private drive connection to Sain Street. 2. Any relocation or damage to utilities shall be at the owner/developer's expense. A new water and sewer easement shall be dedicated over the existing water line with final approval required by the Utilities Department. This vacation is not valid until this easement is recorded. Page 2 Ordinance No. 5661 PASSED and APPROVED this 5th day of February, 2014. APPROVED: :A ATTEST: By: 'CLd.,., . F SONDRA E. SMITH, City Clerkfrreasurer �Inuliurfr,ir ����rtill h111 10���� VAC1 3-45871 Close Up View EXHIBIT "Aw" CHRISTIAN LIFE CATHEDRAL ... ... ... ... ... .... ....... ... ..... P-1 ........................ ......... ....... 1_1 SUBJECT PROPERTY RMF." MILLSAP RD Ia io L"end ... .......... Multi -Use TrMWExisting) Nic DR Future Trails Fayetteville City Limits ,UAC 1 3-4587 Footprints 2010 Hillside -Hilltop Ovi irlay District Design Overlay Di ;trict Design Overlay Di 'trict ROW to be vacated ROW to remain RSFA WfNFIELD DR z 1:: M 0 z BRIGHTON PL rc OXFORD PLC? 037.95 150 225 300 ------ Planning Area ®Feat EXHIBIT "B" VAC 13-4587 A 50' RIGHT OF WAY DEDICATED FOR RIGHT OF WAY PURPOSES AND BEING DESCRIBED AS FOLLOWS, PART OF THE NE 1/4, SE 1/4 OF SECTION 26 AND PART OF THE NW 1/4, SW 1/4 OF SECTION 25, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS ANO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NE 114, SE 1/4 THENCE WEST 468.62 FEET, THENCE SOUTH 660.77 FEET TO THE P.O.B., WHICH IS ON THE CENTER OF SAID 50' RIGHT OF WAY, THENCE ALONG A CURVE TO THE LEFT 174.12 FEET, SAID CURVE HAVING A RADIUS OF 125.00 FEET AND A CHORD BEARING AND DISTANCE OF N39°54'19"E 160.38 FEET, THENCE NORTH 256.56 FEET, THENCE ALONG A CURVE TO THE RIGHT 139.63 FEET, SAID CURVE HAVING A RADIUS OF 100.00 FEET AND A CHORD BEARING AND DISTANCE OF N40°00'04"E 128.56 FEET, THENCE N80°00'00"E 244.73 FEET, THENCE ALONG A CURVE TO THE RIGHT 82.78 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING AND DISTANCE OF N84044'35"E 82.69 FEET, THENCE N89°29'09" 539.23 FEET TO THE END OF SAID RIGHT OF WAY. ALSO, A 50' RIGHT OF WAY TO THE NORTH BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NE 1/4, BE 1/4 THENCE N89°29'09"E 467.88 FEET TO THE P.O.B., WHICH IS AT THE CENTER OF SAID 50' RIGHT OF WAY, THENCE S08°33'30"W 134.66 FEET TO THE INTERSECTION OF THE PREVIOUSLY DESCRIBED CENTER. Jesse Fulcher Submitted By City of Fayetteville Item Review Form 2014-0025 Legistar File Number 02/04/2014 City Council Meeting Date - Agenda Item Only NIA for Non -Agenda Item Action Required: Development Services Department VAC 13-4587: Vacation (1285 E. MILLSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 1285 E. MILLSAP ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 14 acres. The request is to vacate unconstructed right-of-way. Does this item have a cost? = Cost of this request Category or Project Budget Account Number Funds Used to Date $0.00 Project Number Remaining Balance Budgeted Item? = Budget Adjustment Attached? Previous Ordinance or Resolution # Original Contract Number: Comments: J06 CX Program or Project Name Program or Project Category Fund Name V201")2 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE RKAN CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Andrew Garner, Director of Planning p�^� From: Jesse Fulcher, Senior Planner 0 Date: January 16, 2014 Subject: VAC 13-4587: Vacation (1285 E. Millsap Road/Christian Life Cathedral) RECOMMENDATION: The Planning Commission and Planning Division staff recommend approval of an ordinance to vacate unconstructed right-of-way for Millsap Road. BACKGROUND: The subject property is located at the east end of Millsap Road and is developed with a church and parking lot. The church and the unconstructed right-of-way for Millsap Road date back to 1984 when Millsap Road only extended to Hemlock Street. At that time the church was approved to construct a new building and parking lot, subject to extending Millsap Road to their west property line. Additionally, right-of-way for the future extension of Millsap Road was required to the east property line (see attached). There is a small gap of property between the church property and Sussex that is a remnant piece of common area property for an adjacent development (Summerhill Subdivision). Then in 1989, a second phase of development was approved for the church, and the City agreed to vacate the existing right-of-way, subject to the church dedicating right-of-way for Millsap Road along the north side of the property and providing a stub -out to the north and east (see attached). Since that time, Brookhaven Subdivision was constructed to the east of the property, providing a stub -out for connectivity. Only a small section of this street (Sussex Drive) was constructed due to steep topography. No additional development has occurred on the church property and Millsap Road still ends at their west property line. The applicant's request is to vacate the existing 50 foot right-of-way for Millsap Road. The church has plans to construct additional facilities, walking paths and parking areas on the east and northeast portions of the property. The current location of the Millsap Road right-of-way conflicts with these future plans. RECOMMENDATION: City staff strongly supports street connectivity, especially in locations where there is a lack of east/west connections, which Millsap could provide. However, in this particular situation, extending Millsap Road approximately 1,500 feet and over a deep ravine is highly unlikely especially if you consider that the cost of this project would either be home by the property owner or by the City of Fayetteville. Given that the church property has already seen two phases of development and has never been required to extend Millsap through the property, it is highly unlikely that any future development would warrant constructing a quarter of a mile of THE CITY OF FAYETTEVILLE, ARKANSAS street. It is also very unlikely that the City would dedicate Capital Improvement Funds or street bond money to a local street connection. In staffs opinion there's also a more feasible option to increase connectivity in the area. Rather than connecting Millsap and Sussex, a shorter and less difficult connection would be to the north where Vantage Drive is proposed to be extended to connect to Sain Street. This would increase cast/west connectivity and provide surrounding neighborhoods with convenient access to several surrounding major streets and commercial districts. DISCUSSION: On January 13, 2014 the Planning Commission forwarded this item to the City Council with a recommendation of approval with a vote of 7-0-0. BUDGETIMPACT: None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 13-4587 SUBMITTED BY JORGENSEN AND ASSOCIATES FOR PROPERTY LOCATED AT 1285 EAST MILLSAP ROAD, TO VACATE UNCONSTRUCTED RIGHT-OF-WAY FOR MILLSAP ROAD, A TOTAL OF 1.58 ACRES. 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 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 right-of-way 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 Condition of Approval and shall not be in effect until the condition is met. 1. The right-of-way for Millsap Road shall remain until it crosses Private Drive 1285, which provides a private drive connection to Sain Street. 2. Any relocation or damage to utilities shall be at the owner/developer's expense. 3. A new water and sewer easement shall be dedicated over the existing water line with final approval required by the Utilities Department. This vacation is not valid until this easement is recorded. PASSED and APPROVED this APPROVED: 0 LIONELD JORDAN, Mayor day of 2014. ATTEST; m SONDRA E. SMITH, City Clerk/Treasurer Pg. 2 EXHIBIT "A" VAC13-45871 Close Up View CHRISTIAN LIFE CATHEDRAL 1 a+ ................. ................... iaaa. + SUBJECT PROPERTY!; i - . pRN PTS s a ROW to Buck He F des be vacated ha,, aR I' 1 _ I MILLSAP RD z � w i ROW to asF e . o remain g w eo z WINFIELD OR � a F a Lend k rc •• •....._.. Multi -Use T%S �Existing) = O BRIGHTON PL NIC DR i Future Trails Fay.dftville City Limits a OXFORD ply LMUUVAC13-4587 Footprints 2010 _ Hillside -Hilltop Overlay District Design Overlay Di trict Design Overlay Di trict ------ Planning Area 077.95 750 225 300 ®Feat EXHIBIT `B" VAC 13-4587 A 50' RIGHT OF WAY DEDICATED FOR RIGHT OF WAY PURPOSES AND BEING DESCRIBED AS FOLLOWS, PART OF THE NE 1/4, SE 1/4 OF SECTION 26 AND PART OF THE NW 1/4, SW 1/4 OF SECTION 25, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NE 1/4, SE 1/4 THENCE WEST 468.62 FEET, THENCE SOUTH 660.77 FEET TO THE P.O.B., WHICH IS ON THE CENTER OF SAID 50' RIGHT OF WAY, THENCE ALONG A CURVE TO THE LEFT 174.12 FEET, SAID CURVE HAVING A RADIUS OF 125.00 FEET AND A CHORD BEARING AND DISTANCE OF N39°54'19"E 160.38 FEET, THENCE NORTH 256.56 FEET, THENCE ALONG A CURVE TO THE RIGHT 139.63 FEET, SAID CURVE HAVING A RADIUS OF 100.00 FEET AND A CHORD BEARING AND DISTANCE OF N40°00'04"E 128.56 FEET, THENCE N80°00'00"E 244.73 FEET, THENCE ALONG A CURVE TO THE RIGHT 82.78 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING AND DISTANCE OF N84°44'35"E 82.69 FEET, THENCE N89°29'09" 539.23 FEET TO THE END OF SAID RIGHT OF WAY. ALSO, A 50' RIGHT OF WAY TO THE NORTH BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NE 1/4, SE 1/4 THENCE N89°29'09"E 467.88 FEET TO THE P.O.B., WHICH IS AT THE CENTER OF SAID 50' RIGHT OF WAY, THENCE S08°33'30"W 134.66 FEET TO THE INTERSECTION OF THE PREVIOUSLY DESCRIBED CENTER. aT1Vr/Te evi le ! ARKANSAS "IIIE CITY OF FAYETTEVILLE, ARKANSAS PC Meeting of January 13, 2014 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Andrew Garner, City Planning Director DATE: -3,-2044 Updated January 16, 2014 VAC 13-4587: Vacation (1285 E. MILLSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213): Submitted by JORGENSEN AND ASSOCIATES for property located at 1285 E. MILLSAP ROAD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 14.00 acres. The request is to vacate unconstructed right-of-way for Millsap Road. Planner: Jesse Fulcher Findings: Property and Background: The subject property is located at the east end of Millsap Road and is developed with a church and parking lot. The church and the unconstructed right-of-way for Millsap Road date back to 1984 when Millsap Road only extended to Hemlock Street. At that time the church was approved to construct a new building and parking lot, subject to extending Millsap Road to their west property line. Additionally, right-of-way for the future extension of Millsap Road was required to the east property line (see attached). There is a small gap of property between the church property and Sussex that is a remnant piece of common area property for an adjacent development (Summerhill Subdivision). Then in 1989, a second phase of development was approved for the church, and the City agreed to vacate the existing right-of-way, subject to the church dedicating right-of-way for Millsap Road along the north side of the property and providing a stub -out to the north and east (see attached). Since that time, Brookhaven Subdivision was constructed to the east of the property, providing a stub -out for connectivity. Only a small section of this street (Sussex Drive) was constructed due to steep topography. No additional development has occurred on the church property and Millsap Road still ends at their west property line. Surrounding land use and zoning is depicted in Table 1. Table 1 Surroundina Land Use and Zonina Direction from Site Land Use Zoning North Undeveloped 1-1, Heavy Commercial/Light Industrial/RMF-24, Residential Multi -family South Residential/Summerhill Racquet Club RSF4, Residential Single-family East Residential RSF-4, Residential Single-family West Office/Undeveloped RSF4, Residential Sin le-famil GAETC\Development Services Review\2014\Development Review\13-4587 VAC Christian Life Cathedral\22 Planning Commission\I-13-2014\Comments and Redlines Request: The applicant's request is to vacate the existing 50 foot right-of-way for Millsap Road. The church has plans to construct additional facilities, walking paths and parking areas on the east and northeast portions of the property. The current location of the Millsap Road right-of-way conflicts with these future plans. Right-of-way Vacation Approval: The applicant has submitted the required vacation forms to the City Utility Departments and applicable franchise utilities, with no objections. The area being vacated is surrounded entirely by property owned by the applicant, with the exception of a small sliver of undeveloped property between each right-of-way. UTILITIES Cox Communications Southwestern Electric Power Company Source Gas AT&T CITY OF FAYETTEVILLE: Water/Sewer RESPONSE No objections No objections No objections No objections RESPONSE No objections. Subject to retaining a 10 foot easement east of the existing water line. Solid Waste No objections Public Comment: No public comment has been received. Recommendation: City staff strongly supports street connectivity, especially in locations where there is a lack of east/west connections, which Millsap could provide. However, in this particular situation, extending Millsap Road approximately 1,500 feet and over a deep ravine is highly unlikely especially if you consider that the cost of this project would either be borne by the property owner or by the City of Fayetteville. Given that the church property has already seen two phases of development and has never been required to extend Millsap through the property, it is highly unlikely that any future development would warrant constructing a quarter of a mile of street. It is also very unlikely that the City would dedicate Capital Improvement Funds or street bond money to a local street connection. In staff s opinion there's also a more feasible option to increase connectivity in the area. Rather than connecting Millsap and Sussex, a shorter and less difficult connection would be to the north where Vantage Drive is proposed to be extended to connect to Sain Street. This would increase east/west connectivity and provide surrounding neighborhoods with convenient access to several surrounding major streets and commercial districts. Based on this information, staff recommends forwarding VAC 13-4587 to the City Council with a recommendation for approval subject to the following conditions: (JAEMDevelopment Services Review\20140evelopment Review\134587 VAC Christian Life Cathedral\22 Planning CommissionU-13-2014\Comments and Redlines Conditions of ADDroval: 1. The existing right-of-way for Millsap Road shall remain until it crosses Private Drive 1285, which provides a private drive connection to Sain Street. 2. Any relocation or damage to utilities shall be at the owner/developer's expense. 3. A new water and sewer easement shall be dedicated over the existing water line with final approval required by the Utilities Department. This vacation is not valid until this easement is recorded. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: J Forwarded ❑ Denied ❑ Tabled Date: January 13, 2014 Motion: Cook Second: Autry Vote: 7-0-0 Notes: G\ETCDevelopment Services Review\20140evelopment Review\13-4587 VAC Christian Life Cathedral\22 Planning Commission\1-13-2014\Comments and Redlines PROJECT HISTORY FAYE'='TEV=LLE1 ARKANSAS P. O. DRAWER F 72101 15011521-7700 Mr. Red Dixon Christian Life Center P. 0. Box 1213 Springdale, AR 72764 November 9, 1984 Re: Church at 1285 East Millsap Road Dear Mr. Dixon: The Planning Commission a church at approved your conditional use request to construct I285 East Millsap Road on October 8, 1984. Please note that this approval is for a church only and does not include approval for any parochial school or child care facility, both of which are also conditional uses in this R-1, Low Density Residential District. On October 22, 1984, the Planning Commission approved your large scale development plan for the construction of a church building conditioned upon: I• Compliance with Plat Review Comments of September 20, 1984. 2. Installation of two 18 -inch diameter drainage culverts across Millsap Road as shown on the plan. 3. Sewage disposal being taken care of in one of two ways: a._ By a septic tank and leach field approved by the County Sanitarian's Office: nr_ b. By a septic tank, to lhandle the solids and a pump to PUMP liquids only into the City's sewer main. This would require the approval of both the County Sanitarian and the City Engineer. 4. You dedicate a 50 ft. right-of-way for the future extension Of Millsap Road to the east line of this development site. When the street is built in the future, it may be necessary for you and the City to clarify and/or adjust this right-of-way location should the street not align as dedicated at this time. 5. A waiver of the requirement that the building be located 50 ft, from any property zoned "R" be granted to enable the building to be 25 ft. from the East property line. 6. The requirement that the East, South and West property lines be screened with a view -obscuring fence or vegetation be waived, and that permanent landscaping of 10% of the area of those lines be required in lieu of screening. 1NRi Mao 4,57 ,tape MACi ''cv 1.75 Acus STEARNS CEMETERY p----------- .'i n Vries I I I 11-1 I 4 I. 5miS -. N - 25-- — -— . 26 TRACT"AI ; < . 1-,------1 Lor � s_ jl nN�� OU J W _ ` SUMMERH/LL q; • I .. ;O-_ O .608 O. O;: CHRISTIAN LIFE CENTER z e �m'bRIVET' •�©�yOi f Red Dixon, Pastor /: MASONIC Large Scale Development & Conditional Use Request , 1255 E. MillsammRoad 10-22-8 Planning Cnil Pci nn _e L?_j_____ a �0 1 Ic ID ,:.'• — ; / si s o NIC DRIVE 9 73 •1 74 72 71 70 69 68 67 a" ,.T„—�• ,PNCE • :,-O` i : I i araio •.�1� ,�,• ' Ab WWDSOR KALE•. S' 33 1 ALICE STREET �;a' ,y �; ^31 48E749 66, . --- --------f-I- , I �. LiLd 132 47R50 65, / ,' "• .`------- {--�� Z Z ' ^ 46T;51 33 W W c� J , w LE 00N PUCE 125 �. a✓ l/ •„,• �0464)g1 Toa. ZrmW v U'1F. UNF(_ ppn ucl 7 00RG1i CHRISTIAN LIFE CENTER I_ I ".—I Red Dixon, Pastor Large Scale Development 5 Conditional Use Request 1285 E. Millsap Road Planninv Commission 10-22-84 h'FCE, 7taD 'lo M by C'HP.Q P.+ef.rYhi�(('t 5an11' LL�PLL'wmb F�PN7b0 NJaiiaiw Wu-ef euxG ti . IK R6ab. -lnf %JMMfX111LL HEotry LU OCT 2]984 1990 FILED FOR-SSCORD '90 RPR 27 Ply .' 36 ORDINANCE N0, 1469 WASH INGTOW40 AR A.1OLLM EY ER AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY FOR A PORTION OF MILLSAP ROAD AND DEDICATING A NEW PORTION TO .ALLOW FUTURE DEVELOPMENT. WHEREAS, the Board of Directors has the authority under Ark. Code Ann. §14-54-104 (1987) to vacate portions of streets which are not required for corporate purposes; and WffERF.AS, the Board of Directors has determined that the following described portion of the street right-of-way on Millsap Road be vacated and to accept the dedication of a new right-of-way on Millsap Road. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City of Fayetteville hereby vacates and abandons all of its rights together with the rights of the public generally, subject to the reservation of a utility easement in and to the Millsap Road right-of-way attached hereto as Exhibit L "A" and made a part hereof. Section 2. The City of Fayetteville hereby accepts the dedication .of a new 50 foot right-of-way on Millsap Road as shown in Exhibit "B" attached hereto and made a part hereof. Section 3. The City of Fayetteville reserves an easement on, over, across and under the above described street right-of- ways to- construct, lay, remove, relay, enlarge, and maintain public utility lines. Section 4. As a condition of the abandonment of said street right-of-way the City shall be held free and harmless from liability as to any claims of the contiguous property owners for damages to the property described herein, which damage may result from the City, or other utility companies removing and relocating public utility lines located in or upon said vacated street right- of-way. Section 5. A copy of this Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED AND APPROVED this 16th day of January , 1990. 111ER13VIPRGi211 Printer Friendly View Page 1 of 1 k990 N >ZOO I � �—'' FtiruRF M�ctsap /d/Cum ,I CEO T/O AJ I CNHI S!!nN LrfE I\� (150. I , CNfpeocE\ �\ I I MILLSAP 1 Stearns 4 (Er sr1RG) 0Cemetery ROAD PIRr'OAI OF Miccsa,o /971 Ro - pRVPOSEo Yo BE �crrU�CE' f'�E✓ELUPMEN i �/9C9YED {fY GJQJ577h� �/� CRYNE�/Pr7L) M'/GL 5.9'4 /lohD P.6�A�sEv Ey�cvs�T' Y/"CATion/ http://docs.accessfayetteville.org:81IAppXtenderlDoePrintFriendly.aspx?DataSource=AX&... 1/8/2014 11M M a9 Q) Planning Commission September 25, 1989 Page 10 cemetery. Chairman Jacks clarified that Mr. Dockery is saying that the 30' right-of-way that is being suggested to be closed really belongs to the cemetery. Mr. Dockery added that Mr. Jorgensen had told him that there were no plans to run the road all the way through there. Commissioner Hanna stated that the plat shows the road running way to the North of the cemetery so the right-of-way that they are giving to get to the cemetery will end at the cemetery property. Chairman Jacks advised that the right-of- way that they are asking to be vacated is only on Christian Life Property not in front of the cemetery. Mr. Bunn stated that is correct. Mr. Dockery was shown a copy of the plat reflecting this. Mr. Dockery stated that he was mistaken and they have no other opposition to this. MOTION Commissioner Hanna moved to approve the large scale development plan subject to the recommendations of the staff, that the Board of Directors close the existing 50' right-of-way, extension of fire protection, dedication on a separate instrument moving the road to the north for access to the east, construction of the road to the North being done subject to a Bill of Assurance by the church that it will be built as the need arises, the recording of the instruments as requested by staff, seconded by Seiff. The motion passed 5-0-0. Don Bunn asked if they have a comment on the concept plat. Chairman Jacks noted that it wasn't on their agenda. Mr. Bunn stated that he felt they should discuss it. He added that there weren't that many comments on it except a note that they were recommending a 50' right-of-way shown on the plat which extends to the east and would tie those together. Also, on the large scale development itself, there is a little spur right-of-way that goes to the North that could tie into Vantage Square. Commissioner Hanna clarified that this would give access to the North to the Arkansas Western development and also to the East possibly behind Stubblefield. Mr. Bunn stated that was correct. Commissioner Hanna stated that the only cul- de-sac that they might need a variance on is if they develop down that single- family area shown on the plat which would have to be addressed when they bring in the plan on it. According to the drawing that Mr. Bunn submitted, there is another possible connection to the East which would really give another access to this development if they needed it. When and if the concept plat is brought in for large scale development as a R-1 subdivision, they should consider cutting the road through to the East.. WAIVER OF THE SUBD TON REGULATIONS - LOT SPLITS #1 & 2 BN DOCE—ar1Y - LANE, N OF JB=Egq RD E OF RAY AVE The item on the agen a was a questfora waiver of the s ivision regulations - Lot Splits 1 & 2 submitt d by M U DISCUSSION: The proposed addition to the Church is located on street right of way dedicated to the City by the Christian Life Cathedral in 1984. In order to complete the project as shown that right of way must be abandoned by the Fayetteville City Board. The street shown around to the north and east appears to meet the intent of the original street dedication and the Staff would have no objections to the closing in order to construct the addition. The Concept Plat is somewhat of a problem because it extends an existing cul-de-sac with not much promise of an eventual tie to any other street. The street shown extending to the north will depend upon whether one particular lot in Vantage Square is developed and upon development in between. No connection is shown to the east. i have attached a Platwhich shows possible future development to the east and how that lines up with this concept plat. As seen on the Plat, there is a street which nearly lines up with Millsap Road as shown to be extended. The problem with the extension is that there is a ravine between the two developments which would be expensive to cross. However, I believe that regardless of the extra expense that might be involved provisions should be made for the possible tie. Therefore the Staff would recommend that a 50 foot right of way be dedicated which would allow for the extension of Millsap Road on to the east. It is the recommendation of the Staff that the Large Scale Development be approved subject to: 1. Board of Director's closing of the existing 50 foot right of way, 2. The extension of fire protection to the development, 3. Dedication by separate instrument of a 50 foot street easement across the property as shown in the Plat, 4. The construction of Millsap Road at least to the northwest corner of the development with a Bill of Assurance for the construction of the entire street the rest of the way through the property, 5. Approval of a Conditional Use for the Church if one is not already in place, and 6. The recording of an legal instrument granting the existing Cemetery Association and the general public permanent access to the Cemetery. (Im CflRisrisJ�✓ <i�E cE.vrF2 STUBBLEFIELD i0 MW I so -i -i7.r ccTiv+' msR = fnc. k \'tKe .j �i� _ •--_�. ' I r '_�....-_ -�•Ll k �� iA I ,,..yti�Xi.. LK I �� 5� /I •et �•! .� I marc 51TC PLAN.v ��^—� `w r revur'ed. u.•.. — APPLICANT'S DOCUMENTS PETITION TO VACATE street right of way shown by the attached easement vacation plat LOCATED IN the CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate of the attached easement vacation plat hereinafter sought to be abandoned and vacated as shown on attached easement vacation plat, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate said right of way easements which is shown on the attached easement vacation plat. ( SEE ATTACHED ) That the abutting real estate affected by said vacation would not be adversely affected The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate said right of way easement, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. VMEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said right of way. Dated this ay of 20/'iG S T,F V,�-Ziv D. Signature Pimted Na6e, Signature RIGHT OF WAY VACATION A 50' RIGHT OF WAY DEDICATED FOR RIGHT OF WAY PURPOSES AND BEING DESCRIBED AS FOLLOWS. PART OF THE NEI/4, SEI/40FSECTION 26 AND PART OF THE NW1/4, SW1/4 OF SECTION 25, T17N, R30W IN WASHINGTON COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NE1/4, SEI/4 THENCE WEST 468.62 FEET, THENCE SOUTH 660.77 FEET TO THE P.O.B., WHICH IS ON THE CENTER OF SAID 50' RIGHT OF WAY, THENCE ALONG A CURVE TO THE LEFT 174.12 FEET, SAID CURVE HAVING A RADIUS OF 125.00 FEETAND A CHORD BEARING AND DISTANCE OF N39054'19"E 160.38 FEET, THENCE NORTH 256.56 FEET, THENCE ALONG A CURVE TO THE RIGHT 139.63 FEET, SAID CURVE HAVING A RADIUS OF 100.00 FEET AND A CHORD BEARING AND DISTANCE OF N40'00'04"E 128.56 FEET, THENCE N80°00'00"E 244.73 FEET, THENCE ALONG A CURVE TO THE RIGHT 82.78 FEET, SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CHORD BEARING AND DISTANCE OF N84044'35"E 82.69 FEET, THENCE N89°29'09" 539.23 FEET TO THE END OF SAID RIGHT OF WAY. ALSO, A 50' RIGHT OF WAY TO THE NORTH BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF SAID NE1/4, SE1/4 THENCE N89029'09"E 467.88 FEET TO THE P.O.B., WHICH IS AT THE CENTER OF SAID 50' RIGHT OF WAY, THENCE 508°33'30"W 134.66 FEET TO THE INTERSECTION OF THE PREVIOUSLY DESCRIBED CENTER. JORGENSEN & ASSOCIATES CIVIL ENGINEERS • SURVEYORS 124 WEST SUNBRBDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 . (479) 442-9177 • FAX(479)582-007 DAVID L. JORGENSEN, P.E., P.L.S. JUSTIN L. JORGENSEN, P.E. BLAKE E. JORGENSEN, P.E. City of Fayetteville r0724 -11T 113 W Mountain Fayetteville, AR. 72701 Att: Jesse Fulcher Re : Christian Life Cathedral On behalf of the church, we are requesting the vacation of the MSP right of way that crosses their property. As you know, the church has requested removal of this ROW due to terrain etc. I notice that you mentioned to Andy Lack (Architect) that the staff said that there is limited benefit of this extension and this construction would be very challenging. The church is interested in granting ROW as required and if needed in the NE Corner of their property. Therefore on their behalf we are requesting this vacation of the ROW Thank you. Sincerely; David L. Jorge en, P.E. PUBLIC WORKS . LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS, LAND SURVEYING Ur1rrY APPROVAL, DORM FOR RIGHT- OF- WAY, ALLEY, AND OTlLITY EASEMRNT VACATIONS DATE: 1i/9/2Q13 UTIIdTY COMPANY: APPLICANTNAM$: C REQUHSTSD.VACATION(aPPLrnr+g"Mi ckerk :kat APPLICANTFI3,,0lN��R�: "—s 1�7 ffPt�+s): �fA�eE� ;er�e�+O�bDe—' ❑ Utility Resemoot 13 Rigbt,of-way for alley or streets and all utility assemenis Iocated within the vaeeted right- of- way. ❑ Alley Street tight -of -way I have been natlfied of the petltlon to vacate the following (alley, easemegr rlg)d-of-way), described as fol lows: General location / Address (refer iogto otlaehed document- must be completed**) as GL P,n,.,o.A„ r/ A i - . i 1A77ACH4ddescr&&n MdgraPkkrPPlasMfR&nofwkartsb iagvacated+StlRVEPJ UTILITY COMPANY COMWIMM ❑ No objections to the vacations) described above, ❑ No objections to the vetaffoa(s) described above, provided following described ensam ms are retained. (State the location, dimensions, and purpose below.) . R No objections provided the kilowing wnditiom, are met: -Ay dams a to or re)ocations of existing facilites will be at owners/developers expense. �t• 'fir.% Signature oflltaity Company ItepreSepYStive Construction Planner IIT NWA Title Augurri0rl Pages UTILI.TX APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: REQUESTED ❑ Utility Easement ❑ Rigbraf--way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley y- Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location l Address (referring to attached document- must be completed**) ** Py-(4ee- Lgg' 1 � (ATTACHlegal description an graphic repramiallan of what is being vacatedSURYE19 7UTffl COMPANY COM[tMM: per/ No objections to the vacations) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signetu& of Utility CompankRepresentative We Augusi 1011 Pdge 5 iz7 DATE: //— C`/—? UTILITY APPROVAL FORM FOR RIGHT- OF- wAY, ALLEY, AND UTILITY EASEMENT VACATIONS - - - - - UTILITY COMPANYc-- -- . - - APPLICANT NAME: & Uk"Vj APPLICANT PHONE: A Q�TiR f z7 REQUESTED. VACATION (oppUcant must check gff &V apply): ❑ Utility Easement ❑ 'Right-of-way for alley or streets and all utility easements located within the vacated right- of. way. ❑ Alley y- Street rightof-way I have been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows: General location /Address (referring to attached document- must be oomplated++) .. T - LL Prov" ptze,�c� I 4,e.,.- L,�a r . I j 4 I (ATTACH legal descripdon oA graphic representation of what Is being vacated-SURVE19 UTILITY COMPANY COMMENTS: XNo objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility Company sentat ve "q i eG lq Tille August 2012 Page 3 UTUATY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE - UTILITY CONR ATE: U'1TIdTYCOMP oy!2; Jam), /�yy-� APPLICANTNA?,M:1 tP � t-7 ('/� g!,OQ APPLICANT PHONE. REQ1l1STED VACATION (applicant aresi clrock that ! G _ - _ ^ l 7 U-tiiityBasem r CR��'� _ � .�2�gd27 Right-of-way fbr alloy or streets and aR utility easements located within the vacated right- of- way. L7 Alley Street right -o I way I have been not -Med ofjthe petition to vacate the following (alley, eosemrnt right-of-wzV), described as follows: Gmeral lomanoa! Address (referring to attached document -must be cotnpletad4") eV /r r / 12-1 - j- 49!;�,n A— r -1\ (ATTACK regal dertrEptlon mrd graphicrspresenta&n of what is being vacated SMVEV UTILITY COMPANY COMMENTS: No objections to the vacations) desarbed above. 4C No objections to the vacation(s) described above, provided following described easements am retained. (State this Tocallon, dimensions, and purpose below.) i I! E) No objections provlded die tbllwring conditions a re root: ignattue of Utility Company Rcpresentarive Arurw M2 Page > UTILITYAPPROVALFORM FOR RIGHT -OF. WAY.ALLEY, AND UnLITY EASEMENT VACATIONS DATE: ti- la -Z013 o utility Easomaat . - 0 Rigb .wayfbrdkyoratraellmdAgldl wmmmbbealedwhhhWsva%WrfdR-o& way, O Allay Stmt risk-cf way I have bem notl0ed of the petition to vacate the foFowlag (alley, aarmsrn4 rt w�). desad6ed m follows l'°aera//lbmdae/Addroa(rotarytoatbohaddoeommt.mww00�mp *) *a C,L-L Y!'....o..i..f % A -- - 1 At (477ACNk8d dracrWm MdgWkk rrdrffmMdmt ofwhatls bdaa vemted.SURVEI) UMMY COMPANY COMMMM: . 13 NOobjeottonatotbavaadm(s)deaadbodabove. O No objmdom m lbe vatadoo(a) dmcribod aboM pmv>tied followbS dm rHWm mmb aro mabwd. (Smb the lowdoq dhomi %and putp010 bdow) X NO objaotiooa provided do tbllwving eoadldaaa aro mea ca-wlv tae of Utility Company Repmaenffitiva TliT).. t (skf i Augmrl012 Pegs 3 Iz'1 UTILITY APPROVAL FORM FOR RIGHT. OF- WAY, ALLEY, AND UTILITY EASEMENT VACATION DATE: - -----JJMLTY-COMPANY: APPLICANT NAME:(�,f+ AppI,[CANTP930N6:��,�� �.�� REQ UBSTED .VACA'FON(uPPlicwlimuslcfieckgj(lhuraPPr19: �oNB: _- +?_—q M7 ❑ Utility Fasemeat °'�""-� Pr1��2�"� OG, Cdii- ❑ ' 'lught-of-way for atiry orstreets and all utility easements located wItbin the vacatedright. of. way. ❑ Alley T' Street righbof--way I have leen notified oftho petition to vaceta the following (allay, anratnan; rlgbr-of_way)> described as follows: General location /Address (rai'Et'tj/n�g to attached document- must be oompleted+•) VI e' L(,i tork, o_.r, f / - IA _ 1' 11 (AF7ACfII¢gtd desedptlon gndgrapble raprasenfadon gjahal Ls being vats�edsURVEY) UTILITY COMPANY COASMNTS: kr No objections to the vacadon(s) described above. No objections to the vacations) described above, provided following described easements are retained. (State the Iwadon, dimensions, and purpose below.) No objections provided the following conditions aze met 511'[11a11re1:1f1 1:1,G�mpanyR Mentative Title Augur 701T Page 5 UTHATY APPROVAL FORM FOR RICHT- OF- WAY; ALLEY, AND UTILrfY EASEMENT VACATIONS DATE: 11 / 12: �(113�� UTII.FPY COMPANY: az7 GT.py12.(CFI erPA, N5rrJG..� D UtitityFasement ❑ Right-of-way Jot alley or sheets and all utility easements located Mrbio the vacated right- of -way. ❑ Alley Streetrightofway I have been notified of the petition to vacate the following (alley, earemem, right -of --way), described as follows: Geaeral loeatton/Address(to fitg to attached document.must ,. T- (.Lr Pnn,ao.Aa, 7z. .a - - 1, r (AYY•RCX legal deso*gon and graphloreprFsenladon ojwhat is being vacated-SURYE)J IMLITY COMPANY COMMENTS: ❑ No objections to the vaeation(s) described above. JR, No objections to the vacation(s) described above, Provided following described easements are retained. (State the location, dimensions, and Pwpose below.) ❑ No objections Provided the following conditions are met. ,,may, Sipature of iltilltyCop any ReprcacntaUve T1'- Augusr7012 Paps ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: 1 I� L 3 Address I location of vacation: Adjacent property address: % P -M L' �j -•�„}„ - (y ✓'Z, 7� N Lot: c— Block: Subdivision: fKOA-Z�-01 REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: ❑ I have been notified of the requested vacation and decline to convent. I do not object to the vacation described above. ❑ I do object to the requested vacation because: Project Name ZI ��JI�iY 28i L Name of Adjacent Property Own r (printed) Signature of Adjacent Pra Owner Applicant Name August 2012 Page 6 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR'RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Date: Address / location of vacation:fj d �ilyMY LSF WA-( 'TL/ z)A-syl G L G Adjacent property address: ';t:345 P�c�.Il.�, "ten �✓. Lot: Block: — Subdivision: F& -al' 51 6oJ REQUESTED VACATION: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal desedpdon and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: ave been notified of the requested vacation and decline to comment. I do not object to the vacation. described above. I do object to the requested vacation because: Project Name Name of Ad" en�t Propegy.Owner (printcd) Signature ofA " ntPropertyOwner Applicant Name August 1012 Page 6 ao!3 c'QIIC.Afyr tij _ I �M a 1 , 9 d,i`�i A' � 1 � - , . '4',J .till �''►" i I h � ', 'l.�l,1�tl1111111111,''11t l , i �� I J y�VIIl11,4M Y tD `� r � r•= I 7 �$ � `+ � 1. t I V I1 7"iy11i,!'tllkl'� ,1r`{frI`` r I I R 4� ' 11!� I ` 1 I'�'•,;\S ill l�l ��1 71 1 -- - -�-_ -� � �=� _ � - ".;•'`,rr;%�'�� it H Lit ' � � • 1 � , � � 11 ii � Il! s��l,�j r r r Dr !I i 9 RAJ, rl VAC13-45871 CHRISTIAN LIFE CATHEDRAL Close Up View PRNPZ 35p5 MILLSAP RD ........................... 1.1 MI. 51 Multi-UseT'sting) QUE00 DR Future Trails Fayetteville City Limits baoj-�IAC13-4687 Footprints 2010 Hillside -Hilltop Overlay District Design Overlay DiArict Design Overlay Diptrlct 037.45 150 225 MO ------ Planning Area 11Q!Mmm0!M Feel SUBJECT PROPERTY ZI K OXFORD pLd 6 P-1 SZ% tICICIVO H.q�09 RSF-4 VWNFIELO OR 8RI43HToN PL