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HomeMy WebLinkAboutORDINANCE 6058_ �tilltilllltitltil�ti�lltllllllllllllllllllllllllllllllllllllllltiti1111fStiltititltllllll Kind166R0INANCF500d4 Type:R Recorded: 05/11/2018 at 01.35.28 PIS r, Fe.e Amt; $30.0d page 1 of 4 Washlnpton county,;,, AR Kyle SYlvit��134 i 113 West Mountain Street Flle20 Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6058 ARCHIVED File Number: 2018-0179 VAC 18-6120 (NETTLESHIP BETWEEN GRAHAM & RAZORBACK/NETTLESHIP ST. ROW): AN ORDINANCE TO APPROVE VAC 18-6120 FOR PROPERTY LOCATED ALONG NETTLESHIP STREET BETWEEN SOUTH GRAHAM AVENUE AND SOUTH RAZORBACK ROAD TO VACATE A PORTION OF 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 portion of 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 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 and associated new easement dedication shall be at the owner/developer's expense; 2. The vacated portion of Nettleship right-of-way shall be retained as a drainage and utility easement; Page 1 Printed on 4118118 Ordinance: 6058 File Number 2018-0179 3. The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville specifications as illustrated on the attached exhibit C; 4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final; 5. Street trees be installed along both sides of the street sized and spaced in accordance with City code; and 6. Curb and landscape bump -outs be installed at pedestrian crossings as approved by City Engineering during construction review. PASSED and APPROVED on 4/17/2018 Attest: Sondra E. Smith, City Clerk'1'reasur jj , ,Jjl1lrrirr; �sr,,�� ray V�°G1� � (7/_• ° �,fi!!. .14 fib;'NG ri1)i �•�' . Page 2 Printed on 4118118 VAC 18-6120 N ETTLESH IP ST. ROW 18-6120 Close Up View Exhibit 'A' CENTER ST AM LU a UJ X J a UJ a RSF-4 a RMF -z4 Q . c� Subject Property P-1 Legend saw 00 911 01!1 It'lf� ,,•ell A IIIIIIIIIIII I LEROY POND DR Proposed Extension of Leroy Pond NORTH '. jHillside-Hilltop Overlay District RSF-4 Planning Area Feet RMF -24 — r Fayetteville City Limits P-1 Shared Use Paved Trail 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet 18-6120 EXHIBIT `B' Nettleship Street Right of Way Vacation Legal Description Part of Nettleship Street lying south of Lot 1 of Block 1 & Lot 1 of Block 2 (including the abandoned alley between said lots) of Fairground Addition, as shown on the official plat filed for record at Plat Book 4, Page 49 in the records of Washington County, Arkansas and also lying north of Block 1 & Block 2 (including streets and alleys) of Fair Park Addition as shown on the official plat filed for record at Plat Book 4, Page 139 in the records of Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest corner of said Lot 1 of Block 2 of Fairground Addition; Thence Southerly along an extension of the west line of said Lot 1 of Block 2 of Fairground Addition, a distance of 40 feet to the north line of said Block 2 of Fair Park Addition; Thence Easterly along the north line of said Block 2 and of Block 1 of Fair Park Addition, a distance of 386 feet, more or less, to the westerly Right of Way of Razorback Road (per Deed recorded at File #2014- 00001595 in the records of Washington County, Arkansas); Thence Northerly, a distance of 40 feet to a point where the westerly Right of Way of Razorback Road intersects the south line of said Lot 1 of Block 1 of Fairground Addition; Thence Westerly, a distance of 386 feet, more or less, along the south line of said Lot 1 of Block 1 and of Lot 1 of Block 2 to the Point of Beginning. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0179 Agenda Date: 4/17/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 VAC 18-6120 (NETTLESHIP BETWEEN GRAHAM & RAZORBACK/NETTLESHIP ST. ROW): AN ORDINANCE TO APPROVE VAC 18-6120 FOR PROPERTY LOCATED ALONG NETTLESHIP STREET BETWEEN SOUTH GRAHAM AVENUE AND SOUTH RAZORBACK ROAD TO VACATE A PORTION OF 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 portion of 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 I. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of 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 and associated new easement dedication shall be at the owner/developer's expense; 2. The vacated portion of Nettleship right-of-way shall be retained as a drainage and utility easement; 3. The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville specifications as illustrated on the attached exhibit C; 4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final; 5. Street trees be installed along both sides of the street sized and spaced in accordance wtih City code; and 6. Curb and landscape bump -outs be installed at pedestrian crossings as approved by City Engineering during construction review. City of Fayetteville, Arkansas Page 1 Printed on 411812018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0179 Legistar File ID 4/3/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/16/2018 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: VAC 18-6120: Vacation (Nettleship between Graham & Razorback /Nettleship St. ROW, 521): Submitted by DEVELOPMENT CONSULTANTS, INC. for properties located along NETTLESHIP ST. BETWEEN GRAHAM AVE. & RAZORBACK RD. The properties are zoned P-1, INSTITUTIONAL and RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 0.14 acres. The request is to vacate a portion of a street right-of-way. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget j $ V20740710 Previous Ordinance or Resolution # Original Contract Number: Approval Date: Comments: CITY COUNCIL AGENDA MEMO MEETING OF APRIL 3, 2018 TO: Mayor and City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner DATE: March 16, 2018 SUBJECT: VAC 18-6120: Vacation (Nettleship between Graham & Razorback /Nettleship St. ROW, 521): Submitted by DEVELOPMENT CONSULTANTS, INC. for properties located along NETTLESHIP ST. BETWEEN GRAHAM AVE. & RAZORBACK RD. The properties are zoned P-1, INSTITUTIONAL and RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 0.14 acres. The request is to vacate a portion of a street right-of-way RECOMMENDATION: Staff and the Planning Commission recommend approval of VAC 18-6120 with the following conditions of approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The vacated portion of Nettleship right-of-way is to remain as a drainage and utility easement; 3. The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville details and unless a variance is approved by the Planning Commission, shall be designed in accordance with the City's Master Street Plan Local Street section; and 4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final and prior to any damage or removal of the portion of Nettleship Street to be vacated. BACKGROUND: The subject property is the eastern extent of Nettleship Street, between Razorback Road and Graham Avenue on the east and west, totaling approximately 290 linear feet and 0.14 acres. Although a varying width of right-of-way exists within the bounds of the proposal, the Fayetteville Master Street Plan classifies Nettleship as a Local Street, with a right-of-way of 50 feet. The Local Street section includes 28 feet of paved width, curb and gutter, with 5 -foot sidewalks on each side Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 separated from the street by 6 feet of greenspace. All property adjacent to the proposed vacation is currently owned by the University of Arkansas, and includes university police, parking, and recreational facilities. Proposal: The applicant proposes to close the subject section of Nettleship Street and vacate the right-of-way to facilitate construction of an extension to Leroy Pond Drive that will improve traffic flow in the area and accommodate a transit location. DISCUSSION: On March 12, 2018, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Application • Planning Commission Staff Report VAC 18-6120 Close Up View w a it LU J C Legend RSF-d Hillside -Hilltop Overlay District L - Planning Area r Fayetteville City Limits Shared Use Paved Trail Building Footprint NETTLESHIP ST. ROW CENTER ST w a Q ft�lt•-:•7 2 Q � . l C7 SUbject Property NE LE5N1P 57 r rI. Proposed Extension of Leroy Pond m a N Feet 0 75 150 300 450 600 1 inch = 200 feet 18-6120 Exhibit 'A' LEROY POND DR ,A& NORTH RSF-4 RMF -24 P.1 18-6120 EXHIBIT "B' Nettleship Street Right of Way Vacation Legal Description Part of Nettleship Street lying south of Lot 1 of Block 1 & Lot 1 of Block 2 (including the abandoned alley between said lots) of Fairground Addition, as shown on the official plat filed for record at Plat Book 4, Page 49 in the records of Washington County, Arkansas and also lying north of Block 1 & Block 2 (including streets and alleys) of Fair Park Addition as shown on the official plat filed for record at Plat Book 4, Page 139 in the records of Washington County, Arkansas, being more particularly described as follows: Beginning at the southwest corner of said Lot 1 of Block 2 of Fairground Addition; Thence Southerly along an extension of the west line of said Lot 1 of Block 2 of Fairground Addition, a distance of 40 feet to the north line of said Block 2 of Fair Park Addition; Thence Easterly along the north line of said Block 2 and of Block 1 of Fair Park Addition, a distance of 386 feet, more or less, to the westerly Right of Way of Razorback Road (per Deed recorded at File #2014- 00001595 in the records of Washington County, Arkansas); Thence Northerly, a distance of 40 feet to a point where the westerly Right of Way of Razorback Road intersects the south line of said Lot 1 of Block 1 of Fairground Addition; Thence Westerly, a distance of 386 feet, more or less, along the south line of said Lot 1 of Block 1 and of Lot 1 of Block 2 to the Point of Beginning. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE OrVLY Flilit S200.00 Dare Application Shbmitted- Sign Fee: 55.00 Dwi! Accepted cis Coinplete. S 7=p= Project Number.* PPit: Puhlic Hearing Date: 7one: Please fill out this roan completely, supplying all necessary information and documentation to support your .request. Your application will not be placed on the Planning CommisSion agenda until this iriformation is furnished. A } plication: Indicate one contact person for this request: Applicant (person making request): Narile: }} 7C L/+ttltCr3r•�1� e>��rlf4rJS�.s 37-1Adw+t�l3l�S Address: C-9 sF't' e - Fl v eotJ ati1 /1 z5 �1• � ��M �-r. 14R 72-7e ! Phone.- (Y79) 5jW S �' Email: r 8 9►!!@i Ug' -k- ed-) rax:_(Y7q) 5'75' 3f 2 Applicant __,X _ Representative Representative (engineer, surveyor, realtor, etc.): Name: PirJ7 -7� ✓ id 0-11 Address: cc f"w rf t'i��'• Ili. 7Z'70/ Phone: `/7`!) 'lt r Email: t et4yei e► � . ��d Fax: ( Site Address [vocation: Ale -F-ilea 4,')0 -� -t✓ cc -f b e fwd Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: P Z114/— —2. Ll Assessors Parcel Number(s) for subject property: �, F lArANCIAL INTERESTS 05 7, 719- o00� 7 6 5-- 7/ -cWo The following entities and J or people have financial interest in this project: U , JCri�'-hJ a 5 ArlC�atas September 2017 Page 1 APPLICANT/REPRESENTAVVL: 1 certify under penalty o perjury that the foregoing statements and answers herein rnade all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief. true and correct. 1 understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. 1 understand that the City might not approve what Tam applying for, or might set conditions on approval. PROPS-R7'YOWiVER(4) lAtITHURI7.F.'DAGENT: I.fwe certify under penalty of perjury that I am/we are the owner(s) ofthe property that is the subject ofthis application and that Uwe have road this application and consent to its .filing. Of.slnraeil by the ❑nthuriml agent, u letter froara each prape_rlt _aivner niusl be provNeeline ic+ilink, flout tlts nk,en t is anthorized to ru7 uaa hisllaer behalt:J Owners (attach rulditionral in_io if'neeessarij): �r Nance f wi nidi 1: M r g'x'eL)"EA Address: �J r�•H,n %�q FFGe f ,-t..:eJJ fig^ Ilz LJ- ,11' f' Date: I'7// Phone: (`7?J) 737tUl� 7Z, 70 Name (printed): SiLTnature: Address: Date: Phone: Vacation Checklist: Attach ahejflllu3�r')?g cirrus to thisapplic:crtion: Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee A .Z = /a dV (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat), (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 this project. V (S) A surveyor should stake the area on the site to be vacated for utility company review on /(6) their Site visit. A letter addressed to the Planning Cona.mission and City Council describing the scope, nature, and intent of the request. V/(7) Documentation stating names of all owners of property adjacent to the street right-of-way, alley, or easement to be vacated. (b) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (wwmeo.washington.ar.us). The subject property and all adjacent parcels should be identified on this parcel neap. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this trap. Ve*' (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). September 2017 !'age 2 40) For applications to vae_.atr an aece_.ss emomfmi, 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) Comment, from all utility companies concerning the street 6gh1-of7wiy, 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 ]oma 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 pales in this application. UtiNit frresentatives for a Vaeatictn Re nest Name Company Telephone Email Jeff Planniiton AT&T 442-3107 Chad Hodgc Cox Communications 871-0339 John Le A)`,11SW;' PCO 973-2426 Scott Stokes Black I1.ills Corp, 435-0229 jh5430@att.com Chad.Hodge@cox.com ttle@aep.com Scott.Stokes G blackhi llscorp. co In 'Nes Mahaffey Ozarks Electric 684-4649 wmahafFey@ozarksecc.eorn Or Mike Phipps 684-4696 rahi S . ozarksece.com City: Divisions: ,Mark Rogers Watcr and Sewer 575-8392 mrogers(a,)fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 rnnelson cz 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. September 2017 Auge 3 V CITY OF FAYETTEVILL E ARKANSAS TO: THRU: FROM: MEETING DATE PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner March 12, 2018 (Updated with Planning Commission Results) SUBJECT: 9. VAC 18-6120: Vacation (Nettleship between Graham & Razorback /Nettleship St. ROW, 521): Submitted by DEVELOPMENT CONSULTANTS, INC. for properties located along NETTLESHIP ST. BETWEEN GRAHAM AVE. & RAZORBACK RD. The properties are zoned P-1, INSTITUTIONAL and RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain approximately 0.14 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 18-6120 with conditions of approval. BACKGROUND: The subject property is the eastern extent of Nettleship Street, between Razorback Road and Graham Avenue on the east and west, totaling approximately 290 linear feet and 0.14 acres. Although a varying width of right-of-way exists within the bounds of the proposal, the Fayetteville Master Street Plan classifies Nettleship as a Local Street, with a right-of-way of 50 feet. The Local Street section includes 28 feet of paved width, curb and gutter, with 5 -foot sidewalks on each side separated from the street by 6 feet of greenspace. All property adjacent to the proposed vacation is currently owned by the University of Arkansas, and includes university police, parking, and recreational facilities. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North University of Arkansas Police RMF -24, Residential Multi -family, 24 Units per Acre South University of Arkansas Recreational Facilities P-1, Institutional East University of Arkansas Recreational Facilities P-1, Institutional West Multi -family; RMF -24, Residential Multi -family, 24 Units per Acre; Universitv of Arkansas Recreational Facilities P-1: Institutional Proposal: The applicant proposes to close the subject section of Nettleship Street and vacate the right-of-way to facilitate construction of an extension to Leroy Pond Drive that will improve traffic flow in the area. P1.3ili� r. P,ciri c Ss: inning Uommilssion March 12, 2018 11 :. W. Mountain `.gtr(,t-t v, www.fayettevillept6flR+ltem3 I .,yet i eville, AR 71) If}1 18-6120 Nettleship St ROW Page 1 of 19 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: Adioining Property Owners University of Arkansas Utility Cox Communications Southwestern Electric Power Ozarks Electric Black Hills Energy AT&T City of Fayetteville Water/Sewer Transportation Recycling and Trash No objections Response No objections, with condition No objections, with condition No objections No objections, with condition No objections Respanse No objections No objections No objections In January of 2018, the University of Arkansas brought forth a proposal to City staff to vacate the subject portion of Nettleship and construct a re -aligned street running southeasterly from Graham Avenue to the intersection of Razorback Road and Leroy Pond Drive. The project is intended to centralize traffic to this signalized intersection, thereby improving traffic flow and safety. The current Nettleship intersection with Razorback Road is offset by less than 250 linear feet from Leroy Pond and lacks any pedestrian facilities. In addition to the traffic signalization at Leroy Pond and Razorback Road, a pedestrian signal and crosswalk currently exist. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 18-6120 with the following conditions: RECOMMENDED MOTION: "I move to forward RZN 18-6120 to the City Council with a recommendation of approval and all conditions as recommended by staff." Conditions of Approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. Planning Commission March 12, 2018 G:\ETC\Development Services Review\2018\Development Review\18-6120 VAC Agenda Item 3 Nettleship St. between Graham & Razorback (Nettleship ROW) 521\03 Planning Commission\02-12-2018 18-6120 Nettleship St ROW Page 2 of 19 2. The vacated portion of Nettleship right-of-way is to remain as a drainage and utility easement; 3. The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville details and shall be designed in accordance with the City's Master Street Plan Local Street section; and 4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final and prior to any damage or removal of the portion of Nettleship Street to be vacated. Planning Commission Action Meeting Date: March 12, 2018 Motion: Scroggin Second: Niderman O Approved 35 Forwarded Vote: 8-0-0, with conditions as recommended by staff BUDGET/STAFF IMPACT: None. Attachments: • Request Letter • Petition to Vacate • Vacation Exhibits • Leroy Pond Extension Site Plan • Adjoining Property Owner and Utility -Approvals • One Mile Map • Close Up Map • Current Land Use Map Planning Commission March 12, 2018 G:\ETC\Development Services Review\2018\Development Review\18-6120 VAC Agenda Item 3 Nettleship St between Graham & Razorback (Nettleship ROW) 521\03 Planning Commission\02-12-2018 18-6120 Nettleship St ROW Page 3 of 19 Written request and narrative to accompany petition packet to vacate that portion of Nettlesbip Street located boween Graham Avenue and Razorback Road, in the City of Fayetteville, Arkansas. VAC 18-6120 To: The Fayetteville City Planning Commission and Request Letter The Fayetteville Cite Council `1 On behalf of the abutting land owner, the University of Arkansas, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate that portion of Nettleslrip Street located between Graham Ave and Razorback Rd, in the City of Fayetteville, Arkansas. The abutting real estate affected by° said vacation of !he street are, -Block �I and part of Block? of f=air Park Addition, and Lot 1 0Ulock 1 R. Lot 1 of Block 2 of Fairground Addition. all in the. City of Fayetteville, and are entirely owned by the University of Arkansas. The University of Arkansas is currently in design for the proposed northwesterly extension of Lerov Pond Drive that will tie in to the intersection of Nettleship Drive and Graham Ave. The entire length and w idth of the vacated street will be retained as a drainage and utility easement because of the existing Storm pipes and utility lines located therein. By vacating the street, the abutting owner would benefit, and rto other landowner would be adversely affected. The entire length and width of the vacated street should remain as a drainage and utility easement to provide for the existing storm drainage and utilities. By vacating the street and extending Leroy Pond as proposed. the public interest and welfare would not be adversely affected. In fact, public access to and from Nettleship Ave and Graham Ave would be made much safer and more efiieient by having traffic turning movements on to and off of Razorback Road at a controlled intersection with a traffic signal_ Included in the Petition Packet is: 1 Application and Payment of applicable fees for processing the application (to include 2 sign postings): S2I0.00. 2 Legal description and exhibit map of area to be vacated. 3 Legal descriptions of University owned arijoining lands. d Survey of site depicting adjacent properties and areas to be vacated. CD containing a copy of the le -,gal description, exhibit snap and application docrunents. 6 This written description. 7 ;dame of adjacent property owned. 8 A copy of the county parcel map from Washington County website with the owners narne, mailing address and parcel number of each adjacent property shown on the niap_ 9 Petition to vacate the street. 10 Written consent and authorization to represent from owner of property abutting the street. I I Comments Rom utilities companies and from Fayetteville City Utilities. Allen ]ay Y ..._tg D el t Consultants, .Inc. Planning Commission March 12, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 4 of 19 PETITION TO VACATE: THAT PORTION OF NETTLESHtl P STREET LOCATED BETWEEN GRAHAM AVENUE AND RAZORBACK ROAD, IN THE CITY OF FAYETTEVILLE, ARKANSAS. T0. The Fayettevilic City Planning Commission and VAC 18-6120 The Fayetteville City Council Petition to Vacate 1. Allen] Young, authorized agent forthe owner of real estate abutting the street ri ht of way hereinafter sought to be abandoned and vacated. being that part ofNettleship Street located lying between Graham Avenue and Razorback Road, which lies north of block I & pant of Block 2 of fair Park Addition and south of Blocks l & 2 of Fairgrotnad Addition, in the City of Fayetteville. Arkansas, a municipal corporation, petition to vacate the street right-of-way which is described as follows: Fart orNettleship Street lying south of Lot 1 of Block I& Lot I ofBlock 2 (in eluding the abandoned alley between said lots) of Fairground Addition, as shown on the official plat liled forrecord at Plat Book 4, Page 49 in the records of NVashin -too County. Arkansas and also lying north of Block I& Block 2 (including streets and alleys) of Fair Park Addition as shown on the olEcial plat tiled lbr record at flat Book 4, Fag -139 in the records of Washington Count), Arkansas, being more partictdarly described as follows: Beginning at the southwest corner of said Lot 1 of R lock 2 of. Fairground Addition, 'Thettce Southerly along an extension of the west line ofsaid Lot 1 of Block 2 of fairground Addition, a distance of 40 feet to the north line of said Block 2 offair Park Addition; 'thence Easterly along the north line of said Block 2 and ortilock I ot-Fair Park Addition, a distance of 86 feet, more or less, to the westerly Right orWay of Razorback Road (per Deed recorded at File �12014-00001595 h1 the records of Washington County, Arkansas); Thence Northerly, adistance of 40 fectto a pointwhere the westerly Right of Way of Razorback Road intersects the south line of said Lot. I of Block I of Fairground Addition; Thence Westerly, a distance of ;36 feet, more or less, along the south line of said Lot I of Block I and of Lot I of'Bl ack 2 to the Point of Beoinning. That the abutting real estate affected by said vacation of the street are Block 1 �1Q Block 2 of Hair Park Addition, and Lot I of Block I & Lot i of Block 2 of Fairground Addition, all in the City of Fayetteville, and are entirely owned by the University of Arkansas, and that the entire width and length of the vacated street vvi Il retain as a drainage and utility easement, and the public, interest and welfare would not be adversely affected by the vacation ofthe above described portion of the street upon the completed northwesterly extension of Leroy Pond Drive to the intersection ofNettleship Street and Graham Avenue. The Petitioners pray that the City of Fayetteville.. Arkansas, abandon and vacate the .above described real estate, subject, however, to a drainage and utility easement as required, and that the above described real estate be used for it's respective bcneiit and purpose as now approved by law, Tlie Petitioners further pray that the above described real estate be vested in the abutting properly owner as provided by law.. WHEREFORE, the undersigned Petitioner respectfully prays that the governing body ofthe City of Fayetteville. Arkansas. abandon and vacate- the above described real estate, subjectto said drainage and utility easement, and that title to said real estate soughf to be abandoned be vested in the abutting properly owner as prov ided by law, and as to that particular land the owner be free from the public for the use of said land as a public street. 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Manch #kI$ .. i 8 i til iVetllestzi #k[?W Page 7 of 19 VAC 18-6120 ADJACENT PROPERTY OWNER WRITTEN CONSENT FORM FOR STREET VACATION REQUEST Date: February 12, 2018 Location of Vacation: Nettleship Street between Graham Avenue and _Razorback Road, City of Fayetteville, Arkansas Adjacent Property Owner: University of Arkansas Adjacent Property Address: 155 5 Razorback Rd; 259 S Razorback Rd; & 1503 W Nettleship St Property: Property lying north of the requested street vacation (owned by the University of Arkansas per Deed Bk 841, Pg 472; Deed Bk 925, Pg 130; and Alley Vacation Ordinance 2788): Lot 1 of Block I & Lot l of Block 2 of Fairground Addition, along with the abandoned alley lying between said lots. as shown on the official plat filed for record at Plat Book 4, Page 49 in the records of Washington County, Arkansas. Property lying south of the requested street vacation (owned by the University of Arkansas per Deed Bk 672, Pg 23): Block 1 & Block 2 (including streets and alleys) of Fair Park Addition as shown on the official plat filed for record at Plat Book 4, Page 139 in the records of Washington County, Arkansas. REQUESTED VACATION: I have requested the petition and I consent to vacate the street, as described on the attached legal description and as shown on the attached sketch. In the matter of the vacation of the aforesaid street, Allen J. Young of Development Consultants, Inc is authorized to process the petition on my behalf. Printed Name of Adjacent Owner:f Signature of Adjacent Owner: Applicant Name: The University of Arkansas Planning Commission March 12, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 8 of 19 VAC 18-6120 UTILITY APPROVAL FORIM FOR RICI3T- OT- WAY. ALLEY, AND ITFILITY EASEMENT VACATIONS DA -1 1-: (J*FUT' ' Cf;41PA-V)': APPLICX\- f N.r111E:Al'PLIC:':1N'T Pi IONS; �? ►��y4%��Q RL•QUES'rED VACATIOi (aPPlicanr,tutsl check all1hal Utdliry Easeawnt Right-of-way for 111ey or streets ttnd all utility easements located within the vacated right- of way. Alley Street right -of wny l have been notified of the laditionto vacate the follost•ing (valley, etrseaa, +r:. ,iglu -t f +ra+• , described as rollows: General location I Address Ne .e 1k,-� �"rttftno �� tcclte -4 -e zck A (ATDICH legal description and graphic reprerettlatlum t jtrlant is beiugf uacarerl-SURVEY) f U IILI`l Y CONIPANY cok- vtEN,,,,rS: No objections to the yac+ition(s) described above, and no comments. No objections to the vacation(s) described above. provided following described casements are retained, (State the location, dimension -A, and purpose below) X 'No objections provided the following conditions are,net: 1 evelopers �igtintur,-expanse- 41'tility Companly Representat`.ve, •I+i1 i. .11 I! 1�rIK!w Planning Commission March 12, 2018 Agenda Item 3 . _ ..... 18.8120 Nettteship 5t ROW Page 9 of 19 UTILITY APPROVAL FORM l"ORRIGHT- OF- WAY, ALLEY, AND (3171LITY EASEMENT VACA"t-IONS DA'[E: d f 7. rJ I11'LL1n1 CONSPATW: f� r { P r APPLIt_ANTNAME lx , s rsrUr� APPLICA-4T Pf om:-L&'1-7,fo00 R-EQU :S-I'ED VAC CATION (rippllcnt€t niiist clieck all that apply); Utlliq- l;-,Lswmen,, Right-of-way for alley or streets and all utility easements located within the vacated right- of way. ;filler Street ri�glzt-of--wayfyy I have bc!cn notified of the pet€tioonto vacate the following (alley, aijasenrent, +l,�ltd-crf-iv ,, described as follo,,vs: Gtmiural location /Address � jejj E.1 � L�-�✓ C�"p� � .e tt'P _ IC ds m6l-bq cA_ Rc7C oA .A.. (4TT4CH legal de-5crilrtion and graphic represclttallon of )plrat is W, ag vacmed-S1/RVEIF) U 1-LITi' CUMPANN (Y1'vI%2E%T& No objections to the vacation(s) described above, and.no etamments. No objections to the vacation(s) described above, provided following described easements are retained. (Statethe location, dimensions, and purpose below.) No objections provided the lollowiing conditions are met: . t1 �(�{t1• f,.-•- sLt;,iV ,7 f_'e /'ifr i,,t•._„4.�f A 4;7/L l f 'l �igr+atuly of Lltflit/company RepresentatNe 1 r € a,.,rlil"r�>.�='�[�r�r i�k°t<yf•`,�r'r' Title. s►lraum6e)• 21113 Planning Commission March 12, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 10 of 19 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, .ALLEY, AND UTMITY EASEM-ENT VACATIONS DA:FE: � 0 1) z 1 �-13 UT1l�ITY CO fIPANY- >VPPL1CNT NAME. �Z,r S ,r'F14G, VLIC1NP©NTE: Li - 4 7Y 1 -- REQi_rEST—r-,D VAC 'TlO'.N- (appllevnt must check all that apply): Il Utility Ea_setnenT -- Right-of-way for alley or streets and all utility easements located within the vacated right- of -way. _Mlle. Street right-of-way L7-- /'CAngI? 'VS 0. a�14 1e14� £ ve L. -7-t h't./ E,,j Mz4t7 I have been notified of the petition to vacate the following (allot-, easc.,mcia. (E� described as follows: General location / Address�J eTtLe 1t, 10s-s�►r�Cf fcJt>° & zo rba tk A61TT4CH legal duscriprlon and graphic repmentatiun ofWiat is being Tarcafed-SURVT, Y No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described casements are retained_ (State the location, dimensions, and purpose below.) No objections provided the following conditions are met:. Wesley Mahaffey Signature of Utility Company Representative Staking Tech. III Title September 2011' Page 5 Planning Commission March 12, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 11 of 19 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: / ZI 1 _ UTILITY COMPANYA' di APPLICANT NAME: AX1.1 b6-1 FAAPPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): 7 Utility Easement 11 Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley X Street right-of-way -r- r 6Mq in 4 ! a pars in.�e (� � �,�� 7j� -%JCon c4 -1--7 I have been notified of the petition to vacate the following (alley, easement, +igi+t-rf-trri , described as follows: General location /Address JV e' —tIl ! &Z.or act f+Sas A(ATTACH legal description and graphic representation of what is being vacated -SURVEY UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. x No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Street right—of—way to remain a utility easement 171 No objections provided the following conditions are met: Signature of Utility Company IVeprescnta ive 1 f 5 /U Title September 2017 Page 5 Planning Commission March 12, 2018 T Agenda Item 3 18-6120 Nettleship St ROW Page 12 of 19 UTILITY APPROVAL FORM FOR RIGHT- Off'- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: r 17- 1O UTILITY Carl IIANY: 4, T- -APPLICANT - APPICANT NAME: AILIIA- cla�rQ APPLICANT PHONn. y7 y-.V,��11— 7eFO R_ OU1 ST D V ACA110N (applicant,►tr►stcheck all dratrlp Y): tdtrlity FEasemont Right-of-way for alley or streets and all utility easements located within the vacated riglit- of way. Alley Street right -of. way f Ta t" �►+►t,� i � s S + C�r4 i+� ci ` t, *i %i � K3 � % 1 have been notified afthe petition to Vacate the. following (alley, easemeW. right-of`trcr , described as fellows: General location /Address LeJ ► -� 4r -,r e -P--4 -et-r sLc PrL.C--e. X 0a_ 72tQiba ck Rao — (.d?TTRCHIegal description andgraphic representation of twat is being vacated -SURVEY) UT11-Fn` COINTANY COMMENTS: No objections to the vacation(s) described above, and no cainntents. %l No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ATG objections provided the follow ng conditions are met: Signature of Utility Company Representative MGR OSP PLNG& ENGRG DESIGN Title Sepronber 20J7 Page i Planning Commission March 12, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 13 of 19 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: of C z UTILITY COiv1PA i\'Y APPLICANT NAME: �i►- ri �e � ire� APPLICANT PHONE: - t r 9-_l REQUESTED VACATION (applicant nwst check all that apply): -i utility Easement Rigbt-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-wav C7 -b V .q q1 ct d"Oq i Stu e ✓ ti�i fy E4JC.y rn f� I have been notified of the petitiontovacate the following (alley, ueaseinent, fight-rJ-tis u} , described as follows: General location /Address 111GPJ �P S4t re—e be tt►d � --z-0'-b4 CA A. d (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 1-ee 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 purpose below.) 4 No objections provided the following conditions are met: 9�1�1 Signal re al Uti t) ty Company Representative 6f—C&7-161J-5 2191(4469. Title September 2017 Page J Planning Commission March 12, 2018 Agenda Item 3 18-6120 NettleabiP-W. OW Page 14 of 19 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE. 0 I Z /'? UTILITY COMPANY: APPLICANT NAME: �Jlf.a � A APPLICANT PHONE:�-�yy-T�D REQUESTED VACATION (applicant must check all that apply): Ll Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley X, Street right-of-way1-ro /'eMa/1 s�� q G:/y/w.� e T J7`iA Z LCaJL�eA?t� I have been notified of the petition to vacate the following (alley, .easenivm, ight-opwrt} , described as follows. General location/Address )Yef eS*rre-P__ e h&k Pt en" & mo-e-b't ck Oleo, C1 — A(ATTACH legal description and graphic representation of what is being vacated-SURVEI9 UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: �Igtltiturk of UtOy Company Representative -. Title September 2017 Page 5 Planning Commission March 12, 2018 Agenda Item 3 bl8lil8Sb4SLR0W Page 15 of 19 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: d f UTILITY COMPANY: C APPLICAtvT NAME: <Uf A A-PPLICANT PHONE:...y7 Y-41'-&- ZerO REQUESTED VACATION (applicant nurst check all that npply): 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�T� e 4f L) -f-/ rt' LAS am enf] I have been notified ofthe petition J to vacate the following (alley, ewscttto+rt, right-+af-mt+ dcgcribed as follows: General location / Address 1 V e i 4' - S-} ;X (ATTACH legal description and grapltic repraventation of'what is being vacated-SURVEl) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No plWecdolls pyovided the following conditions are met: Siunatuv ofUtifley Company Representative Title September 2017 Page.) Planning Commission March 12, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 16 of 19 VAC 18-6120 NETTLESHIP ST. ROW One Mile View A& NORTH MIME STONE RINTF• 18 RSF-4 0 0.125 0.25 0.5 Miles IlG O 1! z fl LD FRRNTINOjalt&� -^u -MAI TIN LUTHER (SING B&O -- -�" r C-1 WCS O I O II C•' J + RPZD J O-1 _ S R1TIC-Li Ir Legend Zoning RESIDENTIAL SINGLE-FAMILY !%sRACTIVN 11111111119, o �� �,a COLWERCIAL Planning Area IL _ _ �. Fayetteville City Limits - S .R11.1 aaaeoorsfrAcfs L - -� RSF a h Shared Jlla red Use Paved Trail �uwnTti w+m. ❑ RESIDENTIAL MULTI -FAMILY DRi-iR R.ziaaanaii..o a�a Lnes•lamii� �` 7wWY Trail (Proposed) IIIIIffi"^ "'""" r.rr..w s.:.. Design Overlay District -•••-:' " " PLANNED Loro9O D15Twc T5 Planning Area wu Iwl-- WU57RUL r. ,., "- , ....... . Building Footprint INSTITUTIONAL ri N� �� -^.•�. .y P•1 Planning Co Fayetteville City Limits �wO.Y.w,.. March mission 2, 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 17 of 19 Agenda Item 3 18-6120 Nettleship St ROW Page 18 of 19 VAC 18-6120 NETTLESHIP ST. ROW _ Current Land Use NORTH .�-.�w 4� MEADOW ST' ..- ». frr• • - r � __ f' CENTER ST �r — '� 311' 1 = ■ PALMER•PL 111, �,. a �, ..•, . x r.�+,� x �. CQe Subject Property f Multi Family D �+�.,,. �,,,•.µ^� r r UA Police - - _T , * a 7 1 • NETTLES P 5T s ; -- r � , ! ! ti� irk -1. :F, ..,_....If::_�r .•, *�♦ 1 i _ i• 4.i•+1� ' 1 .!I•• Iry'1! n�.� •.1� _ r S ft! r ! e&Ott LU J _ 1 w F' r' �... �` r•1 dam- j+� % r 1 2107 mum ;�' f , 4 Parking Lot.. .�=MAINE ST - r * ROY PDND.DR 1� Tennis Center -- ' -MIR r Proposed Extension STONE g * Ili` �y of Leroy Pond T Q' 'moi d , cr 13 NE TUNE ❑ NEST v nt 5k �••I i x 1 } y a`•CARLSON JAA Streets Existing MSP Class PRINCIPAL ARTERIAL Planning Area Fayetteville City Limits Feet 0 112.5 225 450 675 900 1 inch = 300 feet FEMA Flood Hazard Data 1Q0 -Year FlouL#ain Floodway Planning Conimission March , 2018 Agenda Item 3 18-6120 Nettleship St ROW Page 19 of 19 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 17, 2018 TO: Mayor and City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner DATE: April 11, 2018 CITY COUNCIL MEMO SUBJECT: VAC 18-6120: Vacation request with revised conditions and street cross section exhibit (Exhibit C) RECOMMENDATION: Staff recommends approval of VAC 18-6120 with the following revised conditions of approval: 1. Any relocation or damage to utilities and associated new easement dedication shall be at the owner/developer's expense. 2. The vacated portion of Nettleship right-of-way shall be retained as a drainage and utility easement; 3. The proposed extension of Leroy Pond shall be constructed in accordance with City of Fayetteville specifications as illustrated on the attached exhibit C. 4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final. BACKGROUND: Following City Council's approval of this vacation on first reading on April 3, 2018 staff met with the University of Arkansas Facilities staff and agreed to recommend the above revised conditions and attached street cross section (Exhibit C) for approval. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 I l I� I, l 1 � � r 5' CONCRETE SIDEWALK PROPOSED 5' CONRETE SIDEWALK CENTERLINE 3 0' ASPHALT PAVERS 3.0' ASPHALT PAVERS 28 CONCRETE CONCRETE J20/0 20/. ASPHALT CLASS 7 BASE COMPACTED SUBGRADE NEW CONCRETE CURB AND GUTTER LEROY POND, TYPICAL 28' SECTION .1_ ' % N T.S RECEIVED MAY 14 2018 CITY OF FAYETTEVILLE CITY CL C E OFFICE NORTHWEST ARKANSAS Democrat'oaze#e ......... 4Z. AFFIDAVIT OF PUBLICATION I Cathy Wiles, 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 £ CITY OF FAYETTEVILLE Ord. 6058 Was inserted in the Regular Edition on: April 26, 2018 Publication Charges: $ 132.60 dtW_Z,,1t)4 Cathy Wiles Subscribed and sworn to before me This q day of , 2018. Notary Public My Commission Expires: Z�(ZI28 Ab�l TA,MI MY RUSHER Notary Public — Arkansas V/ashington County Ccmmissicn n 12703120 V i Ccmmissicn Expires Feb 12. 2028 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6058 File Number: 2018-0179 VAC 18-6120 (NETTLESHIP BETWEEN GRAHAM & RAZORBACK/NETTLESHIP ST. ROW): AN ORDINANCE TO APPROVE VAC 18-6120 FOR PROPERTY LOCATED ALONG NETTLESHIP STREET BETWEEN SOUTH GRAHAM AVENUE AND SOUTH RAZORBACK ROAD TO VACATE A PORTION OF 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 portion of 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 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 and associated new easement dedication shall be at the owner/developer's expense; 2. The vacated portion of Nettleship right-of-way shall be retained as a drainage and utility easement; 3. The proposed extension of Leroy Pond shall be constricted in accordance with City of Fayetteville specifications as illustrated on the attached exhibit C; 4. The proposed extension of Leroy Pond Drive shall be completed and dedicated to the City of Fayetteville prior to this vacation becoming final; 5. Street trees be installed along both sides of the street sized and spaced in accordance with City code; and 6. Curb and landscape bump -outs be installed at pedestrian crossings as approved by City Engineering during construction review. PASSED and APPROVED on 4/17/2018 Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74501985 April 26, 2018