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HomeMy WebLinkAboutORDINANCE 6014113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6014 File Number: 2017-0627 Illlllll il�lll I�� if lllllllllllllllllllllllllllf Iflllflll� 1!111 f llllllllllllllllf Doo ICI: 017816900004 Type: REL Kind: ORDINANCE Recorded: 01/10/2018 at 08:50:57 AMFee Amt: $30.00 Rage 1 of 4 Washington County, AR Kyle Sylvester circuit ClerkQ % File2018-00000(�91 VAC 17-5963 (ROCK ST. BETWEEN WEST AVE. AND SCHOOL ST./ROCK ST. ROW): AN ORDINANCE TO APPROVE VAC 17-5963 FOR PROPERTY LOCATED AT ROCK STREET BETWEEN WEST AVENUE AND SCHOOL STREET TO VACATE A PORTION OF THE ROCK STREET 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 Rock Street 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 a portion of the Rock Street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A utility easement shall be retained with a width of 20 feet in association with the existing AEP/SWEPCO Page 1 Printed on 11/27/17 Ordinance: 6014 File Number- 2017-0627 facilities outlined above; 3. A utility easement shall be dedicated with a width of 10 feet prior to the relocation of existing gas mains which will connect School and West Avenues; 4. A utility easement shall be retained with the width of 20 feet in association with the existing 6 -inch sanitary sewer, 10 -inch water, and 12 -inch water lines; 5. A utility easement shall be dedicated for existing fire hydrants and water lines that serve them; and 6. Future site design shall incorporate the minimum right-of-way for a two-way alley through the property between School and West Avenues. PASSED and APPROVED on 11/21/2017 Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 11/27/17 VAC 17-5963 Close Up View RST+ -4 � R-0 RSF-7 ROCK ST. ROW EXHIBIT 'A' Legend 1 Planning Area t zzz t Fayetteville Cit Limits _-- Y Y Shared Use Paved Trail Trail (Proposed) Building Footprint CENTER ST MOUNTAIN ST Subject Property Feet 0 75 150 300 450 600 1 inch = 200 feet i INORTH RSF-4 RSF-7 RMF -24 RMF -40 1-1 Heavy Commercial and Light Industrial Residential -Office Main Street Center Downtown General Neighborhood Conservation P-1 17-5963 EXHIBIT 'B' RE: Legal Description for a proposed right-of-way vacation for a portion of West Rock Street POINT WHICH IS S02°37'19"W 469.61' FROM THE NORTHEAST CORNER OF SAID TRACT 5 AND RUNNING THENCE S02037'19"W 250.24' TO THE S RIGHT-OF-WAY VACATION DESCRIPTION: A PORTION OF THE EXISTING RIGHT-OF-WAY OF WEST ROCK STREET, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID RIGHT-OF-WAY ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF- WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:TO-WIT: BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST ROCK STREET WHICH IS S02018'17"W 3.00' AND N87036'57"W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAYN87°36'57"W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N00045'30"E 42.65' TO THE NORTH RIGHTOF-WAY OF WEST ROCK STREET, THENCE ALONG SAID RIGHT-OF-WAY S87038'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02°18'17"W 42.75', TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES. May 2017 Page 11 Washington County, AR I certify this instrument was filed on 01/10/2018 08:50:57 AM and recorded in Real Estate File Number8- 000997 Kyle Sylvest r=-Gtu+tlClerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0627 Agenda Date: 11/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 VAC 17-5963 (ROCK ST. BETWEEN WEST AVE. AND SCHOOL ST./ROCK ST. ROW): AN ORDINANCE TO APPROVE VAC 17-5963 FOR PROPERTY LOCATED AT ROCK STREET BETWEEN WEST AVENUE AND SCHOOL STREET TO VACATE A PORTION OF THE ROCK STREET 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 Rock Street 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 a portion of the Rock Street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A utility easement shall be retained with a width of 20 feet in association with the existing AEP/SWEPCO facilities outlined above; 3. A utility easement shall be dedicated with a width of 10 feet prior to the relocation of existing gas mains which will connect School and West Avenues; 4. A utility easement shall be retained with the width of 20 feet in association with the existing 6 -inch sanitary sewer, 10 -inch water, and 12 -inch water lines; City of Fayetteville, Arkansas Page 1 Printed on 1112712017 File Number.' 2017-0627 5. A utility easement shall be dedicated for existing fire hydrants and water lines that serve them; and 6. Future site design shall incorporate the minimum right-of-way for a two-way alley through the property between School and West Avenues. City of Fayetteville, Arkansas Paye 2 Printed on 1112712017 City of Fayetteville Staff Review Form 2017-0627 Legistar File ID 11/21/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Andrew Garner 11/3/2017 City Planning / Development Services Department Submitted By Submitted Date Division / Department Action Recommendation: VAC 17-5963: Vacation (ROCK ST. BETWEEN WEST AVE. & SCHOOL ST./ROCK ST. RIGHT-OF-WAY, 523): Submitted by FAYETTEVILLE PUBLIC LIBRARY for property along ROCK ST. BETWEEN WEST AVE. & SCHOOL ST. The properties are zoned MSC, MAIN STREET/CENTER & DG, DOWNTOWN GENERAL and contain approximately 0.31 acres. The request is to vacate a portion of a street right-of-way. Budget Impact: Account Number Project Number Fund Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance I $ i Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY O FAYETTIEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2017 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: November 3, 2017 SUBJECT: VAC 17-5963: Vacation (ROCK ST. BETWEEN WEST AVE. & SCHOOL ST./ROCK ST. RIGHT-OF-WAY, 523): Submitted by FAYETTEVILLE PUBLIC LIBRARY for property along ROCK ST. BETWEEN WEST AVE. & SCHOOL ST. The properties are zoned MS -C, MAIN STREET/CENTER & DG, DOWNTOWN GENERAL and contain approximately 0.31 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends approval of VAC 17-5963 with the following conditions of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A utility easement shall be retained in the amount of 20 feet in association with the existing SEP/SWEPCO facilities outlined above; 3. A utility easement shall be dedicated in the amount of 10 feet prior to the relocation of existing gas mains which will connect School and West Avenues; 4. A utility easement shall be retained in the amount of 20 feet in association with the existing 6 -inch sanitary sewer, 10 -inch water, and 12 -inch water lines; 5. A utility easement shall be dedicated for existing fire hydrants and water lines that serve them; and 6. The library site design shall incorporate a pedestrian and cyclist connection through the site between School and West Avenues. The Planning Commission also recommends approval of VAC 17-5963 with the following modification to Condition #6: 6. Future site design shall incorporate the minimum right-of-way for a two-way alley through the property between School and West Avenues. Mailing Address: 113 W. Mountain Street www.fayettevii[e-ar.gov Fayetteville, AR 72701 Staff does not recommend in favor of the modified condition as it may adversely affect the ability of the Fayetteville Public Library to design their expansion. Additionally, City staff has concerns with locating a new street or alley connection closer to South Street between West and School Avenues. This is due to the significant topographic changes along West Avenue and the potential inability for a new intersection to meet safe stopping sight distance requirements. Engineering staff visited and evaluated the general location of the potential intersection along West Avenue and it fails to meet minimum recommended stopping sight distance. BACKGROUND: The subject property is the western extent of Rock Street, between School and West Avenues to the east and west, totaling about 325 linear feet of street and 0.31 acres. The Master Street Plan classifies this portion of Rock Street as ST 45 which is intended to include two driving lanes, a parking lane, 8 -foot sidewalks, and tree wells. Although not improved to the ST 45 standard, this portion of Rock Street includes curb, gutter, and sidewalk of varying width. On Tuesday, August 9th, 2016, a referendum was held for Fayetteville voters to decide whether to increase property taxes to fund an expansion of the Fayetteville Public Library. Following the approval of the increased millage rate, the Library has proceeded with site and building design planning that was initiated in 2013. This has included the acquisition of approximately four acres of property south of the existing library with the intent of incorporating this area into the expansion. The subject portion of Rock Street lies between the library and these four acres, and limits the scope and opportunities for expanding the library in a contiguous manner. On October 9th, 2017, the applicant presented a Concept Plat to the Planning Commission for general discussion of the proposed expansion and closure of Rock Street. The Commission was appreciative of the Library's efforts to share preliminary plans to be considered, and appeared generally receptive of the concept presented. Proposal: The applicant proposes to close the subject section of Rock Street and vacate right-of- way as depicted in Exhibit A' and `8', comprising approximately 0.31 acres. The vacation is needed to facilitate future expansion of the existing library. DISCUSSION: On October 23, 2017, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. As noted, the Commission voted in favor of modifying Condition #6 to require future site design to incorporate the minimum right-of-way for a two-way alley. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A ■ Exhibit B • Application ■ Planning Commission Staff Report VAC 17-5963 ROCK ST. ROW Close Up View EXH I ©IT 'A' I RSF-4 I RNIF-24 R -O RSF-7 iff CENTER ST MOUNTAIN ST LEI 7 a N W C K Legend RSF-4 RSF-7 Planning Area RMF -40 Fayetteville City Limits 1-1 Heavy Commercial and Light Industrial Feet Residential -Office Shared Use Paved Trail Main Street center 0 75 150 300 450 600 ! Downtown General Trail (Proposed) Neighborhood Conservation Building Footprint 1 inch = 200 feet P-1 17-5963 EXHIBIT 'B' RE: Legal Description for a proposed right-of-way vacation for a portion of West Rock Street POINT WHICH IS S02°37'19"W 469.61' FROM THE NORTHEAST CORNER OF SAID TRACT 5 AND RUNNING THENCE S02037'1 9"W 250.24' TO THE S RIGHT-OF-WAY VACATION DESCRIPTION: A PORTION OF THE EXISTING RIGHT-OF-WAY OF WEST ROCK STREET, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID RIGHT-OF-WAY ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF- WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:TO-WIT: BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST ROCK STREET WHICH IS S02018'17"W 3.00' AND N87036'57"W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N87036'57"W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N00045'30"E 42.65' TO THE NORTH RIGHTOF-WAY OF WEST ROCK STREET, THENCE ALONG SAID RIGHT-OF-WAY S87038'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02 -18'17"W 42.75', TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES. May 2017 Page 11 CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Date Application Submitted: Sign Fee: $5.00 Data Accepted as Complete: S -T -R: Project Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. ApLAication: Indicate one contact person for this request: Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): Name: Fayetteville Public Library Address: 401 West Mountain Street Phone: (479 ) 856-7000 Email: spa] mer(a7fayhb.org Name: MSR Jack Polin! 710 South 2nd Street 8th Floor Minneapolis, MN 55401 Phone: 612) 375-0336 Email:Jack@njsrdesi ng com Fax: (479 ) 571-2222 Fax: 612) 342-2216 Site Address /Location: Rock Street between West Street and School Street Legal description of area to be vacated: RIGHT-OF-WAY VACATION DESCRIPTION: A PORTION OF THE EXISTING RIGHT-OF-WAY OF WEST ROCK STREET, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID RIGHT-OF-WAY ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO W1T:TO-WIT: BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST ROCK STREET WHICH IS S02°18'17"W 3.00' AND N87'36'57"W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT-OF- WAY N87°36'57"W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N00°45'30"E 42.65' TO THE NORTH RIGHTOF-WAY OF WEST ROCK STREET, THENCE ALONG SAID RIGHT-OF-WAY 587038'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02°18'17"W 42.75', TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES Current Zoning District: Assessors Parcel Number(s) for subject property: Block 34 and 37 Rock Street between S. School and S. West FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: NA May 2017 Page 1 APPLICANT /REPRESENTATIVE: 1 certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name Sam Palmer Siy_nature: Date: 7/26/2017 PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. ffs&netl by the authin•i4etl agent, tt letter fi•ont each property owner must be provided intlicatin'tthat the aeent is authorized to act on h401er behalf,) Owners (attach atltlitional info if necessary): Name (printed): Fayetteville Public Library Address: 401 WEST MOUNTAIN STREET Date: 07/27/2017 Name (printed): Sam Palmer Signature: Date: 07/27/2017 Phone: (479 )856-7222 Address: 401 WESTMOUNTAIN STREET Vacation Checklist: Attach the following items to this application: (1) Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the surveyplat). (3) Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDF copies of the signed application and all other items submitted with thisproject. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. (7) Abstractor's Certificate of Ownership stating names of all owners of property adjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). (8) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co.washing-ton.arm ). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. May 2017 Page 2 I (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal, (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utilitv Representatives for a Vacation Request * Name Company Telephone Email Jeff Hamilton AT&T 442-1967 jh5430@att.com Chad Hodge Cox Communications 871-0339 Chad.Hodge@cox.com John Le AEP/SWEPCO 973-2426 the@aep.com Scott Stokes Black Hills Corp. 435-0229 Scott.Stokcs@blackhillscorp.com Wes Mahaffey Ozarks Electric 684-4649 wmahaffey@ozarksecc.com Or Mike Phipps 684-4696 mphippsaozarkseco.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogers@fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson@fayetteville-ar.gov Terry Gulley Transportation 444-3491 tgulley@fayetteville-ar.gov *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. rvlQy 2017 Page 3 I wom CITY OF AY TTEVIILLE ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner October 23, 2017 (Updated with Planning Commission Results) SUBJECT: VAC 17-5963: Vacation (ROCK ST. BETWEEN WEST AVE. & SCHOOL ST./ROCK ST. RIGHT-OF-WAY, 523): Submitted by FAYETTEVILLE PUBLIC LIBRARY for property along ROCK ST. BETWEEN WEST AVE. & SCHOOL ST. The properties are zoned MS -C, MAIN STREET/CENTER & DG, DOWNTOWN GENERAL and contain approximately 0.31 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 17-5963 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property is the western extent of Rock Street, between School and West Avenues to the east and west, totaling about 325 linear feet of street and 0.31 acres. The Master Street Plan classifies this portion of Rock Street as ST 45 which is intended to include two driving lanes, a parking lane, 8 -foot sidewalks, and tree wells. Although not improved to the ST 45 standard, this portion of Rock Street includes curb, gutter, and sidewalk of varying width. On Tuesday, August 9th, 2016, a referendum was held for Fayetteville voters to decide whether to increase property taxes to fund an expansion of the Fayetteville Public Library. Following the approval of the increased millage rate, the Library has proceeded with site and building design planning that was initiated in 2013. This has included the acquisition of approximately four acres of property south of the existing library with the intent of incorporating this area into the expansion. The subject portion of Rock Street lies between the library and these four acres, and limits the scope and opportunities for expanding the library in a contiguous manner. On October 9th, 2017, the applicant presented a Concept Plat to the Planning Commission for general discussion of the proposed expansion and closure of Rock Street. The Commission was appreciative of the Library's efforts to share preliminary plans to be considered, and appeared generally receptive of the concept presented. Surrounding land use and zoning is depicted in Table 1. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Single-family Residential MSC, Main Street/Center South Single-family Residential DG, Downtown General East Undeveloped DG, Downtown General West l Single-family Residential NC, Neighborhood Conservation Proposal: The applicant proposes to close the subject section of Rock Street and vacate right-of- way to facilitate future expansion of the existing library. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the adjoining property owners, City utility departments, and applicable franchise utilities, with the following responses: Utility Response Cox Communications No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. AEP/SWEPCO No objections, provided a 20 -foot utility easement is dedicated between pole #30419 and #30496 for the existing overhead guy wire, down guy wire, anchor, and secondary conductor. Black Hills Energy AR No objections, provided a 10 -foot easement is dedicated prior to relocation of existing gas mains which will connect S. School Ave. to S. West Ave. AT&T No objections, provided AT&T is informed about any facilities that are required to be relocated. Ozarks Electric No objections City of Fayetteville Response Water/Sewer No objections, provided that a 20 -foot easement is dedicated for the existing 6 -inch sanitary sewer line, 10 -inch water line, and 12 -inch water line. Solid Waste & Recycling No objections G:\ETC\Development Services Review\2017\Development Review\17-5963 VAC Rock St. between West Ave. & School St (Rock St. ROW) 523\03 Planning Commission\10-23-2017 Transportation No objections, provided that any drainage is accounted for in the designs of the [future library expansion]. Between Mountain Street to the north and South Street to the south, the subject portion of Rock Street is the only public, east -west street that connects School and West Avenues. If vacated, the resulting block will exceed 900 linear feet, which is beyond the 660 -foot block length permitted for new development by the City's street design ordinance. At the same time, the conceptual plan reviewed and approved by Fayetteville voters included the use of Rock Street right-of-way for the library's expansion, and the building will ultimately serve a public, civic purpose that would not have the typical impact of creating a long block length for private development. Given this, staff supports the request and recommends the consideration and approval of a condition to include, at a minimum, vehicular, pedestrian, and cyclist connectivity between School and West Avenues at a point between Mountain and South Streets where block length does not exceed 660 feet. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 17-5963 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A utility easement shall be retained in the amount of 20 feet in association with the existing SEP/SWEPCO facilities outlined above; 3. A utility easement shall be dedicated inn the amount of 10 feet prior to the relocation of existing gas mains which will connect School and West Avenues; 4. A utility easement shall be retained in the amount of 20 feet in association with the existing 6 -inch sanitary sewer, 10 -inch water, and 12 -inch water lines; 5. A utility easement shall be dedicated for existing fire hydrants and water lines that serve them; and 6. The library site design shall incorporate a pedestrian and cyclist connection through the site between School and West Avenues. G:\ETC\Development Services Review\2017\Development Review\17-5963 VAC Rock St. between West Ave. & School St. (Rock St. ROW) 523\03 Planning Commission\10-23-2017 Planning Commission Action: lad Forwarded C_i Tabled O Denied Meeting Date: October 23, 2017 Motion: Hoffman 8-0-0, with conditions as recommended by staff, modifying condition #6 to read "Site Second: Niederman design shall incorporate the minimum right-of-way for a two-way alley through the Vote: property between School and West Avenues." i BUDGET/STAFF IMPACT: None. Attachments: • Fire Department Comments • Request Letter • Petition to Vacate • Utility Approvals • Easement Vacation Exhibit • One Mile Map • Close -Up Map • Current Land Use Map & ETC\Development Services Review\2017\Development Review\17-5963 VAC Rock St. between West Ave. & School St. (Rock St. ROW) 523\03 Planning Commission\10-23-2017 CITY OF Tay' —lie ARKANSAS TO: Jonathan Curth, Planner CC: Assistant Chief Harley Hunt, Fire Marshal Battalion Chief Brian Sloat, Deputy Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: October 17, 2017 n,Y FI TEcvltt LFrRE W DEPT. k SUBJECT: VAC 17-5963: Vacation (Rock St. between West Ave. & School St./Rock St. Right - of -Way, 523) The Fire Department has reviewed the subject vacation and recommends approval on condition of acquiring a utility easement for the existing water mains and fire hydrants. FAYETTEVILLE FIRE MARSHAL'S OFFICE 833 N. Crossover Road vvww.fayettevi Ile- a r.gov Fayetteville, AR 727012-2701 VAC 17-5963 Request Letter Dear Fayetteville City Council: On behalf of the Fayetteville Public Library, I respectfully request the vacation of west Rock Street a right-of- way segment that runs east and west, , between School Street and West Avenue. (See attached vicinity map.) The library owns the parcels immediately to the north and south of the alley segment (Block 34 and 37). At present, the alley segment is primarily used by our library patrons to access the south entrance to the library parking deck, the old City Hospital parking lot and as a shortcut. (As a note, this shortcut is also available on Mountain and South Streets respectively) See attached. The purpose of the vacation is to consolidate the library's parcels in preparation for the construction and expansion of the Fayetteville Public library's new 80,000 square -foot addition. The plan is to build on part of the vacated alley, and maintain part of said alley as an entrance and exit onto south School and south West to the new facility. We also plan in consultation with the City Parks Department on additional walking, biking, and trail access for through traffic. (Public input sessions will help clarify plans that are still in the making.) No other property owner has connected interest or owns property on the subject alley segment of interest. We shall, however, be proactive in identifying neighbor impact, and as good neighbors, contact them by letter informing them of our intention and building plans. Between Rock and South streets constitutes a larger than normal block referred to as a super block. The library proposes to break up that block. Additional walking and biking pathways would create a more usable space that would connect to the future park and would connect to the trail on the west side of the property. By observing daily traffic on the alley, we feel closing the alley will not be detrimental to the driving public nor will hamper emergency vehicle access since the alley segment has very little through traffic. Attached for your review are vicinity maps and site plan. If you have questions regarding this petition, please contact David Johnson at 479-856-7000 or Djohnson@faylib.org Thank you for your consideration. May 2017 Page 12 VAC 17-5963 Petition to Vacate PETITION TO VACATE ROCK STREET LOCATED BETWEEN SCHOOL AND WEST, 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 West Rock Street hereinafter sought to be abandoned and vacated, lying between Block 34 and Block 37 on West Rock Street between South School and South West street in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a right-of-way which is described as follows: Legal Description of area to be vacated RIGHT-OF-WAY VACATION DESCRIPTION: A PORTION OF THE EXISTING RIGHT-OF-WAY OF WEST ROCK STREET, LOCATED NORTH OF BLOCK 37, AND SOUTH OF BLOCK 34, OF THE ORIGINAL PLAT OF THE CITY OF FAYETTEVILLE, SAID RIGHT-OF-WAY ALSO BEING LOCATED EAST OF THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, AND WEST OF THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, ALL IN THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WITJO-WIT: BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST ROCK STREET WHICH IS S02°18'17"W 3.00' AND N87°36'57"W 10.00' FROM THE NORTHEAST CORNER OF SAID BLOCK 37 AND RUNNING THENCE ALONG SAID RIGHT- OF-WAY N87°36'57"W 310.80' TO THE EAST RIGHT-OF-WAY OF SOUTH WEST AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N00°45'30"E 42.65' TO THE NORTH RIGHTOF-WAY OF WEST ROCK STREET, THENCE ALONG SAID RIGHT-OF-WAY S87038'16"E 311.95' TO THE WEST RIGHT-OF-WAY OF SOUTH SCHOOL AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02°18'17"W 42.75', TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES That the abutting real estate affected by said abandonment of the alley are Block 34 and Block 37 (both owned by the Fayetteville Public Library), 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. 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. Dated this 26 day of September , 2017 David Johnson Printed Name Signature Printed Name Signature May 2017 Page 4 DATE: 07/27/2017 UTILITY COMPANY VAC 17-5963 Utility Approval Forms UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS Cox Communications APPLICANT NAME:_ l ,iy rtt4v_iilk„( ilirAry(Sam Ilaliner) _APPLICANT PHONE: r► ° t 8S§ -7Z eJALIL. 204-S4Y7R Contact Sam l'altncr �agliner64fayliKorg 401 WSst Mountain Stra ct REQUESTED VACATION (applicant must check all that apply): J Utility Easement ✓ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. J Alley J Street right-of-way I have been notified of the petition to vacate the following street described as follows: General location /Address ROCK STRF.FT between &SC 310tH ST and S.WEST ST. ❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: J No objections io the vacation(s) described above, and nocomments. J No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purposebelow.) x J No objections provided the following conditions are met: Any lama ° e to or relocation of existing facilities will be at the own rsldense. of Utility Company Representative •1 •1 .1 ' .11 .k fav 2017 Pag e 5 I 11 111.11TY APPROVAL VOUNA WKRIGI UI - OY- WAY, ALA.KY,AND 11 WITY CASCME" CV-ACA4 If INS DAM ff.27,2612 111 11A I N COVFIAMI': Pkyd((siLPO.i, UlcmT (Som Pal rm I RWL'r'aTDD VACATIM (aplWevor must cbeek &Yt Mar qo.v,,: Riglrt—,f-,Aty bT alfw or arxts a:)d all ut I ir�j 'w'm at Vat,:A within [6c vanac N, I:',- ztf- Ailey Simm C ha hvrn rnt4fi0 :nt -bLwitinit lovuw ycbs fd,-A)&i6 A—m, dcxr*x iti .,i L�lloAv I 111 IVV COMPANY 01MMENTS: X , obkvdow to 11): ev"CObA aK)\.C, vtd 0 fit ilk ire id) 174 H"j o ny Reptcsenttil-z May 2017 Page 5 IJTILITY APYROV A1. FO FORR[GHT- OF- VAY ALLEY, AND 11T7F TTV YASjFVRF 1'1 V.%CATFONS DXUF:: 0"27,2fIL7 1.-rri.i--y m.MPANY: -11,= Hi1is F:r�-qV APPI ACANT MAW I ns tl,raill: 1 irl,lir I ilvnrl lSnn. P.Lr A APPLICANT PEONS!A,14791K-1222 a a— :Q!!ILkS:2-�.Gl�':iIR'i�CT-:4.�jHidXt rlliQL117ATVD VACATION f,AppJh'W�drauaYe�C'cf[gjjt,4e1 gpp{yJ: J u,dit} bas.:lhcnl d Ror-of-way'for all:. j or &uni and A WdAy Lax : MIL. Jusykd widur IL raLatcd riutiL- a- krly. j AlLy I ha-,& peen nuaFed nl the P -titian to "crtefic trll?,.gingr ;rptdco-ribcd w fo1Layss: Gencnrl lGeAdor .4d7rese — ROL IL ti'I'RLET hrin•rea S M:HOW til' and :4MES I' Kr - (A TTACW ILVal dmwipdan mord Smphic reprcunfff&w rJ +vliul iK braft Lammed-SUK VEE) urf .ITY [:ovp.h1Y C43m1 iF'NTS: NO qAt cchiuix Lis CMvaw�nni xJ dexcrlwL aFuar, wu: rmr LI nrngnI5 i U&jI L'1Wn5IU (I_. Yati 6uin d) fJ=ril. ;u jbov . PTLWVJL4 /I(I41'AiLlKd( iL•:Ih;:J L•a.KLr1 OILI am KLaincd. (SIAL: ULU LU AUh, dllnLMjL%IM, WLJ PL.rininnc'jluv.) A '.0' lit --i l i -y Bd3em-gL _4 pr:,,vi-t;d, r}_•ia_• Lo rci�tvLiva Z)1 Cxis___ua ::as ul_iins, x_iic_L :vi__ Uwmect S ScY-Do- ave _o S We--= r -:e ,f Vn nhjn�tiors prmided fhsfsllo,�•ingoec,di;iana alr. alar. SipMiluc Of [:tilityCt)M ay RVA16 LAI Liao (/ 3 r Af-1 2W:' P.8, 5 May 2017 Page 9 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 07/27/2017 UTILITY COMPANY: AT&T APPLICANT NAME: Fayetteville Public l,ibrar), (Skin. Palmer) APPLICANT PHONE: wk 479 856-7222 cel 479 - Contact Sain Palmer spaimcr;e4lii),lib.org 401 West Mountain Street REQUESTED VACATION (applicant must check all that apply): Utility Easement ✓ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following street described as follows: General location /Address ROCK STREET between S.SCHOOLST and S.WEST ST. ❑ (ATTACH legal description and graphic representation of what is being vacated -SUR VEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and nocomments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purposebelow.) No objections provided the (hllowing conditions are met: Please advise if any AT&T facilities are required to be relocated. Signature of Utility Company Representative MGR OSP Ping & Design Engineer Title Mav 2017 Page 5 Lrrn , :A-PPROVAL FOPUNI FOR MGi7i'i'- OF- WAY, AU", AND iTTII1T EAS AfE�i VACATIONS DATE07Y2 M- 17 t,7M !' C0N1PANY: [fir rks Ei c3fic APPLIC.aL'+iT NAME: F03ettevllk public i.tlsraay (Sant Palmer) APPLICANT PHONE: wk 474 850-7222 cP1479_ SOU -5479 Contact Sant Palmer qnjpyjja7Ayhb-orrq1 West Mu mrnin Street REQUESTED VACATION (appRoant mum 0mrk ga that app#i: 1 ITtilttg'semer¢ ✓ Rigbt-of-w ayfir alleyoT=een mdaiiuribcyea5emeanlocated withinthevacated ri&- of- vmc,. Alley ;Sheet right-of-wMY F bzve been mimed of the petinuu m wicate the followcuig street desrnbed as follows_ General lecationr'Addres^s ROCK STREET beiwem SSCHt1OM snd&WEST ST_ (AMCHlegal dnrr0WA and graplsie reprerenlaaem of what h be hZvaca(ad-SVRVElq L7317Y COMPANY C4NIMEhTS: No abjec sous to &e vacaftogs) desmbed above, and necomments, No abAcdow to the %2canoo(s) descnbed above, prmi,ded following desatbed easements art retained (State the locatiaq dinim6on&, and ptoposebelow..) No objecdow provided the fExlloaing candiu oma we mer Si o ffi tyCa�gresenmm-e SfaM ng Tech III Title ,tot' tri l�Lr } May 2017 Page 8 UTILITY APPROVAL FGRA3 FOR RiGET- lab- WAI', AI Lll', ,4 S D LQJLL1Y EASVNIF:Y'1' V,1CA'rIUMS DM F. I;;Q7-2017 f 111'II I'I Y L'OR-11FA4Y: !- ^.7,�`• qF ,�-YE 4,-t -.t.:: ✓<✓il : ; ' _. Ftn.. _ APPLICAN L hgTLi�+;_; Il+rale}il]cFct+:ie Lit:ary (Sara Pal_mrl .u'J'1.1L:iiv l ntuFlh•:"':l. T.S' b=f1- ' i Ltl1�v ;04-Sd^H Cemiar-1 Vam Pn1j=y Od,.iw padfi,jai o�S 401 -c=' }.' oudu in Sam, IR 1'+f J I I I :5 ChYlI' elil fhnr 4jp{V,I: U ii[ 5'Ea UIICIA V Rohl -o' -n., i0. III I", or RLxcu. 91►1 a]L LLlI I II,j ,.`iq II ICI 1iN { ]U_ I WIL I I 11 .11L VS' AlLtL; ILAI LIT LVa\', JILL J ;Ir-..r.1;Igki-O -nqn' r La re 1: ern mILiied of the Pribon 1n vi.)efllothc fnIJOwi[Ib ;Wa d:W_ribcd a: ra Ila-ws: Ce moral loearlaurAJdrar ROCK S-FUREAJ.LveenS.SC.HOO1ST an+l5.YRSTST, J 1a1'T:9C'FLlegal dek ri,Irfir+nar_gmirki,r,rrrrearn idtion nj' what rx 1'1: F} 1 JT1I ITY M:,(p, JTY Cr?bi)r E TS. Nu ubjn_linrs In Ihr_ vLiii ianlzl dc: erh-.d nhnw:, cad nn ^of-ju1CJL!s- k 110 obja?ions to ELIC vacaIionfsJ J-�Eibed a Ikltix, pru+i Jed Ii II IL"V -IN AL %t nhtdL y. nenL: are rrLd—L. (Stats the. IoCaik7Jl. ;Llnlcasluns, and _Iur7lrLrhel:�a 1 20 A -7—r EAmmt1 1itru(.QEb Pd oe -/*.It F�+t•forry'rr+G-°- � `,In nlliecriclosy�.•'L'idul lie fn]]nwiul;oon�tions sr: niM May 2017 Page 7 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 07/27/2017 dd[� UTILITY COMPANY: C T F°1Y J o APPLICANT NAME: Fuytttevillta I ,ibrarv.ISam Palmcr) APPLICANT PHONE: _wk 479 856-7222 01479- C �nl et Sam Palmer sMimerfa hylib.org CIII WustMountaig Street REQUESTED VACATION (applicant must check all that apply): Utility Easement ✓ Right -of --way for alley or streets and all utility casements located within the vacated right- of- way, J Alley Street right-of-way I have been notified of the petition to vacate the following street described as follows: General location /Address ROCK STREET between S.SCHOOLST and S.WEST ST. ❑ (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: XNo objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided iollowing described easements are retained. (State the location, dimensions, and purposebelow.) I Nn objections provided the following conditions are met: of Utility (` nipan) Representative Tide Wav21l.' Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 07/27/2017 T UT(LITYCOMPANY APPLICANT NAME: fnvettcvfllc I'tat!lic (.ibrMjSaael 1'alirter] APPLICANT PHONE: wk 479 856-7221 cel 479- 2,Op�-547$ C to .I $ant Palmer %palnier:&610ib( k, 401 West Mountalu Street REQUESTED VACATION (applicant mnsl check all that apply): Utility Easement ✓ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way Aliey Street right-of-way I have been notified orthe petition to vacate the following street described as follows: General location / Address ROCK :STIRKET between S,St:'II00t.ST2nd S.WIST ST. ❑ (ATTACH legal description and graphic representation of what is being vacated-SURVEt) UTILITY COMPANY COMMENTS: J No objections to the vacation(s) described above, and no comments No objections to the vacation(s) described above, provided following described easements are retained, (State the location, dimensions, and purposebelow.) ) y'/ r:•./. teA+ __IJ—`.!. _!_"� "JiU-0'--] Al ✓4. 1•_� ij No objections provided the following conditio ris are met. Signuturc of l.tflt Company RVprc.c11t!6 e < Title - tiro,- 2017 Page s k=l SAM ,T'VN D'I i HAY. W M n L lowlao TllkWJ-lVAVa AWL oumm tivnTfg: ZMARVOjam XVMM AA IMM IN JqG 160thip �N r , — Eli PIN; g g1k X ULJ CV E r— 0 4.. 0 m UJ > SAM ,T'VN D'I i HAY. W M n L lowlao TllkWJ-lVAVa AWL oumm tivnTfg: ZMARVOjam XVMM AA IMM IN JqG 160thip �N r , — Eli PIN; g g1k 17-5963 Easement Vacation Exhibit (2 of 2) BOL VARY URVEY a.'e� .' ACM v rzes +/— _v _ y ` Subject e Right-of-way eM`Mfli 'J ! i I, �S��"Ir�� nr"mw �•1�,f a 0' ST 100' 150 f�—'r.—_. __: '°++�,�°'^� syr• .,� ' .. �' �`+:A E, ,,. „� .�.. '- _.....___�_�......... .. �.n LXY�feA u ! I 11(R'YFY.LS^J'6'.4".�.il�'I�"R1k`..G51!(3?3Ri RMi tT'z'F[fl'..)"36 � b11.1f¢{&A4I4�VIVce5i 1rG A 4� .a nYN.a� A".:i V:.tMA U'."v%NXYXSES d}'.x s aau xru mvvns-cr ax.�xc'.i arxir' zs c�'^ e= v i'a-zc .�ler�eea r:.a >ga: uvlom s1"++� a^,_..� _ • x+Rta.at5sroy'i:iy{"�$) z:U TT:�RJ � kSE. _. i;%f�,.V::+��?i)f:'1DL �I.K'<ti2C ifATt£%�M'a`K�RY'71Y;<:SVA.aa'afYiflz:!<sixEti !Frssp,.3.1 @� �S - JJ F.,,;.%lT'iVN!Yf'.ti:S(p'TbB'�3AYV:: 4:.T+%13:PSA -arKkSV V1eTSLStar K»ktlkH4Nn" WE'iYY...�¢WJN'.MY & Y:Yil'F SC.i1K.w 3-N"uY[T351r�J"vf A9(M1Lirov��YILV}igi .IMF..L.il n��� ••• � �} ��ri_.YF,•a vra;sr..a%aa^�neuwanvu•�aa•nanxeoxzsa:ew.:xv.,mnwsa ._ .. 3�.,.. %Y'S"LMiF , � umsnuamean frig. a+{" May 20/7 Page 15 VAC 17-5963 ROCK ST. ROW One Mile View 0 0 125 0.25 0.5 Miles . _ i siz r2, Litil` Subject Property NORTH RSF-4 LAFAYETTE ST 9 Lu MARTIN } UnIER KINC3 BLVD � KIN �j L fF" LU C -i' i-1 ;lam i V IWO X f• I RSF-18 RNIF-24 Zaning EXTRACTION - RESIDENTIAL SINGLE-FAMILY fF-t Legend _ -__ al Agrcm ' COMMERCIAL F RSF 5n' Resicenlal Ofl,ce RSFt ' - - - RSF:2 G3 Planning Area s RSFi FORM BASED DISTRICTS 1 � � � � RSF-B � DaSwNavn Cwe Fayetteville City Limits R5F1B s� e,e ara L r RESIDENTIAL MULTI -FAMILY AAmar M )lRT-12 ---11-- T- lamiM �PJWNINIn General Shared Use Paved Trail RMFS ..Gamma hsenKea RMF -12 Ne,gMorMoe serv,cez 1 Q "-v�RMF.tS MN gM1ba dCorservalwn Trail (Proposed) ___ ------ 1, RMF 2° PLANNED ZONING DISTRICTS Planning Area MRM Gamme, W 1-1,0 Rea,eaN,a Building Footprint NDUSTRIAL INSTITUTIONAL Fayetteville City Limits W I2 G-1.1 ^m—`aalane gnl l,5 ao-,al VAC 17-5963 Close Up View RSF-4 P-1 RNIF-:4 R -O RSF-7 ROCK ST. ROW MOUNTAIN ST W 'a J O O Subject Property v rn CENTER ST W a' rn W Legend ' Planning Area L Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet S r INORTH[ RSF-4 RSF-7 RMF -24 RMFAO I-1 Heavy Commercial and Light Industrial Residential -Office Main Street Center 1 Downtown General Neighborhood Conservation P-1 AFFIDAVIT OF PUBLICATION RECEIVED DEC 12 2017 CITY: OF FAY CITY .CERN I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6014 Was inserted in the Regular Edition on: November 30, 2017 1. Publication Charges: $ 130.00 t, 0 V, , aMAI all I - Subscribed and sworn to before me This �0 day of N-( , 2017. Iwlt& V v Notary Public - I My Commission Expires: Z�Zo CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. }yrdinance: 6014 File Number: 2017-0627 VAC 17-5963 (ROCK ST. BETWEEN WEST AVE. AND SCHOOL ST./ROCK ST. ROW): AN ORDINANCE TO APPROVE VAC 17-5963 FOR PROPERTY LOCATED AT ROCK STREET BETWEEN WEST AVENUE AND SCHOOL STREET TO VACATE A PORTION OF THE ROCK STREET 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 Rock Street 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 a portion of the Rock Street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: i. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. A utility easement shall be retained with a width of 20 feet in association with the existing AEP/SWEPCO facilities outlined above; 3. A utility easement shall be dedicated with a width of 10 feet prior to the relocation of existing gas mains which will connect School and West Avenues; 4. A utility easement shall be retained with the width of 20 feet in association with the existing 6 -inch sanitary sewer, 10 -inch water, and 12 -inch water lines; 5. A utility easement shall be dedicated for existing fire hydrants and water lines that serve them; and 6. Future site design shall incorporate the minimum right-of-way for a two-way alley through the property between School and West Avenues. PASSED and APPROVED on 11/21/2017 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74356955 Nov. 30, 2017