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HomeMy WebLinkAboutOrdinance 5244 ' Doe ID: 012925950003 Type: REL Kind: ORDINANCE Recorded: 06/22/2009 at 11:15:35 AM Fee Amt: $25.00 pace 1 of 3 Naahington Countv. AR Bette Stance Circuit Clerk File2009-00019378 ORDINANCE NO. 5244 AN ORDINANCE APPROVING VAC 09-3267 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT SYCAMORE STREET AND SADDLEHORNE AVENUE, TO VACATE AN UNIMPROVED PORTION OF RIGHT-OF-WAY FOR SYCAMORE STREET, CONTAINING A TOTAL OF 0.07 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 right-of-way as described in Exhibit`B" (attached). Section 2: 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: This vacation approval is subject to the owner's continuing agreement that any damage or relocation of existing utilities shall be at the owner's expense and that the vacated portion of the right-of-way shall be retained as a permanent utility easement. PASSED and APPROVED this 2"d day of June, 2009. APPROVED: ATTEST: � By: '�`� By: A � aA'�'xrr��;.oRK/TR ''�. L NLD JO AN,Mayor SO DRA E. SMITH, City Clerk/Ire >U• ��i 'FAYETTEVILLE: e 9= A P5 s s°9RK NS °y;VGTON G EXHIBIT "A" VAC 09-3267 Zp 1�1'-8 91 A-1 0 �AYe Jow q5h 3y :E —.1 O . OM- M! Dk, fiY.T.M1 " LARGE SCALE DEVELOPMENT PLAN "EwsoNs �once' Bates& FOR Associates-jnc. LIFE STYLES, INC. UW Enghndng Sumylng RIGHT OF WAY VACATION PLAN FAYETTEVILLE, ARKANSAS EXHIBIT `B" VAC 09-3267 Sycamore Street right-of-way A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N01°26'44"E 399.83', N88°53'22"W 662.18', S01°53'25"W 375.59', N88°33'03"W 109.04'TO THE TRUE POINT OF BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE#540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE S88°33'03"E 151.22'TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. e I City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/2/2009 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 09-3267: (LIFE STYLES, INC./SYCAMORE, 363): Submitted by BATES&ASSOCIATES for property located at THE NORTH CORNER OF SYCAMORE ST. AND SADDLEHORNE AVE. The property is zoned P-1, Institutional and contains approximately 1.27 acres. The request is to vacate an unimproved portion of right-of-way for Sycamore Street. 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 i Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department"ire Dns--ate Original Contract Date: S'I L('dk Original Contract Number: City Attome Date i _ S-1S [Oaf SERF Finan c and Internal Services Director Date Received in City W� Ny Clerk's Office h ((Ot tall Date FRED Received in Mayor's Office M yor ate Comments: L t Revised January 15,2009 i City Council Meeting of June 2, 2009 Agenda Item Number i CITY COUNCIL AGENDA MEMO To: Mayor and City Council pp Thru: Jeremy C. Pate, Director of Development Services U From: Dara Sanders, Current Planner Date: May 13,2009 Subject: Vacation for Life Styles, Inc (VAC 09-3267) RECOMMENDATION Staff and the Planning Commission recommend approval of vacating a portion of unimproved right-of-way adjacent to the subject property. BACKGROUND The property, containing approximately 1.27 acres, is currently vacant and located at the corner of Sycamore Street and Saddlehorne Avenue, adjacent to I-540. Both Sycamore Street and Saddlehorne Avenue have not been constructed at this location. In March 2009, the City Council approved the applicants request to rezone the subject property to P-1, Institutional in order to develop the property as an expansion of the Life Styles College for Living, an adult education program for individuals with developmental disabilities. Currently, Life Styles is located at the southwest corner of Sycamore Street and Porter Road,just two properties southeast of the subject property (see attached map). Development of this property will be subject to the I-540 Design Overlay District and Commercial Design Standards. The applicant's request is to vacate a portion of unimproved right-of-way for Sycamore Street that is adjacent to I-540. Staff finds that construction of a bridge over I-540 to the west is unlikely, and to staff s knowledge, has never been included in the Master Street Plan. An aerial map, showing the location of existing cast/west connections across I-540 in the area,has been included in the staff report. t DISCUSSION This item was heard at the regular Planning Commission meeting on May 11, 2009. The Planning Commission voted 7-0-0 to forward this rezoning request to the City Council. BUDGETIMPACT None. i i I, i i j i i ORDINANCE NO. AN ORDINANCE APPROVING VAC 09-3267 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED AT SYCAMORE STREET AND SADDLEHORNE AVENUE, TO VACATE AN UNIMPROVED PORTION OF RIGHT-OF- WAY FOR SYCAMORE STREET, CONTAINING A TOTAL OF 0.07 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 AS, 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: I Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the right-of-way as described in Exhibit`B" (attached). Section 2: 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: This vacation approval is subject to the owner's continuing agreement that any damage or relocation of existing utilities shall be at the owner's expense and that the vacated portion of the right-of-way shall be retained as a permanent utility easement. PASSED and APPROVED this day of 2009. APPROVED: ATTEST: i I By: By: LIONELD JORDAN,Mayor SONDRA E. SNHTH,City Clerk/Treasurer C i EXHIBIT "A" VAC 09-3267 Io \ + ol Z C m � f{YL <o aT \ I\ A �gxt �rLs � O \ m u o ; I � N � �mz 09 4 e� IN2 1 ttl q LARGE SCALE DEVELOPMENT PLAN „ "Ee�s�cas DA*E Bates& FOR "n ansim u� ASSOCIates,ine. LIFE STYLES, INC. -- - #� E 91^.f^9&SD^•%'l^9 RIGHT OF WAY VACATION PLAN -- FAYETTENLLE, ARKANSAS -- i EXHIBIT `B" VAC 09-3267 i Sycamore Street rinht-of-way A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 16 NORTH, RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N01026'44"E 399.83', N88°53'22"W 662.18', S01053'25"W 375.59', N88°33'03"W 109.04'TO THE TRUE POINT OF BEGINNING, THENCE S26°01'19"W 21.99', THENCE N88°33'03"W 153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE#540, THENCE ALONG SAID RIGHT-OF-WAY N30022'02"E 22.86, THENCE S88°33'03"E 151.22'TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. i i i d i I VAC 09-3267 (Life Styles) .f xr NOW c� 10 WT Y 1 h bm�,.: a ia9. { a "/lat}' �, .��s7is 'G tq rc-a tif" `✓ �fy}`, 9 t Subject Property i err: r—y. t � >a �f tea' f I 1'� 0 Irv.. 1 y� .Z } j FFFF i i Taye PC Meeting of May 11, 2009 RFt K�+FN5A5 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Data Sanders, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Development Services Director DATE: May4,-20G9 Updated May 14, 2009 VAC 09-3267: (LIFE STYLES, INC. /SYCAMORE, 363): Submitted by BATES & ASSOCIATES for property located at THE NORTH CORNER OF SYCAMORE ST. AND SADDLEHORNE AVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 1.27 acres. The request is to vacate an unimproved portion of right- of-way for Sycamore Street. Planner: Data Sanders Findings: Property Description: The property, containing approximately 1.27 acres, is currently vacant and located at the corner of Sycamore Street and Saddlehorne Avenue, adjacent to I-540. Both Sycamore Street and Saddlehorne Avenue have not been constructed at this location. Request: The applicant's request is to vacate a portion of unimproved right-of-way for Sycamore Street that is adjacent to I-540. Staff finds that construction of a bridge over I- 540 to the west is unlikely, and to staff's knowledge, has never been included in the Master Street Plan. An aerial map, showing the location of existing east/west connections across I-540 in the area, has been included in the staff report. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. !I UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections ifArkansas Western Gas No Objections Southwestern Bell Telephone No Objections 'I I K:\Reports\2009\PC Reports\12-May MVAC 09-3267(Life Styles).doe j CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections j Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 09-3267 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. Any relocation of existing utilities shall be at the owner/developer's expense. 2. The vacated portion of right-of-way shall be retained as a utility easement. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Forwarded ❑ Denied ❑ Tabled Date: May 11,2009 Motion: Graves Second: Cabe Vote: 7-0-0 KAReports\2009\PC Reports\12-May LAVAC 09-3267(Life&yles).doc PETITION PETITION TO VACATE A right-of-way LOCATED ALONG West Sycamore Street,CITY OF FAYETTEVILLE,ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We,the undersigned,being all the owners of the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated,lying along West Sycamore Street, City of Fayetteville,Arkansas, a municipal corporation,petition to vacate a right-of-way which is described as follows: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 16 f NORTH,RANGE 30 WEST,WASHINGTON COUNTY,ARKANSAS,MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N01°26'44"E 399.83',N88°53'22"W 662.18',SOI'53'25"W 375.59',N88°33'03"W 109.04'TO THE TRUE POINT OF BEGINNING,THENCES26°01'19"W 21.99',THENCE N88°33'03"W153.13'TO THE RIGHT OF WAY OF U.S. INTERSTATE #540, THENCE ALONG SAID RIGHT-OF-WAY N30°22'02"E 22.85', THENCE S88033'03"E 151.22'TO THE POINT OF BEGINNING,CONTAINING 0.07 ACRES,MORE OR LESS.SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. i That the abutting real estate affected by said abandonment of the right of way is lot 47,Horseshoe Addition City of Fayetteville used by the public for a period of many years,and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described right-of-way. i The petitioners pray that the City of Fayetteville,Arkansas,abandon and vacate the above described real estate,subject, however,to the existing utility easements and sewer easements as required,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. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer easements,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 alley. j St I Dated this 1 rday of printed n e signature printed name I I� signature i n i'. Page 4 I !