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HomeMy WebLinkAboutORDINANCE 6197 OF Fpr-�- f.i, ARCHIVED 0-�E a m 111111 3111 IIIII IIIII IIIII Nil IIIII iiiii IIIII IIIII IIIII IIIII gyp + ii 1„3,e04- ;�, Doc ID: 018685200004 Type: REL � kANS'' Kind: ORDINANCE Recorded: 07/12/2019 at 03:05:11 PM Fee Amt: $30.00 Page 1 of 4 113 West Mountain Street Washington County, AR Fayetteville,AR 72701 Kyle Sylvester Circuit Clerk (479) 575-8323 F11e20 1 9_00020510 Ordinance: 6197 File Number: 2019-0345 VAC 19-6664 (485 NORTH VINSON AVE/GOCIO): AN ORDINANCE TO APPROVE VAC 19-6664 FOR PROPERTY LOCATED AT 485 NORTH VINSON AVENUE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 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 a utility easement 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 portions of a general utility easement 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 6/18/2019 Page 1 Printed on 6/17/19 File Number.- 2019-3045 Attest: Sondra E. Smith r Page 2 Printed on 6117119 EXHIBIT 'A' VAC 19-6664 G O C I 0 Close Up View MAPLE ST I -I 11 LAFAYETTE ST Legend Hillside -Hilltop Overlay District Planning Area L — Fayetteville City Limits Building Footprint Subject Property Feet 0 75 150 300 450 600 1 inch = 200 feet A& NORTH RSF-4 RMF -6 RMF -24 1-1 Heavy Commercial and Light Industnal VAC 19-6664 l�- ates �jAssociatesinc. Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 ` FAX: 479-521-9350 www.nwabatesinc.com LEGAL DESCRIPTION OF AREA OF UTELITY EASEMENT VACATION: A PORTION OF AN EXISTING 30 FOOT UTILITY EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87015'0 I "W 551.78', THENCE N00035'49"E 15.08' TO AN EXISTING REBAR, THENCE N87° 15'02"W 24.36TO THE TRUE POINT BEGINNING AND RUNNING THENCE S46007'40"E 22.81', THENCE N87015'02"W 91.10', THENCE N42050'22"W 21.43', THENCE S87° 15'02"E 47.70', THENCE N56052'31 "E 7.08', THENCE S32043'25"E 5.10', THENCE S87015'02"E 32.83', TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 07/12/2019 03:05:11 PM and recorded in Real Estate File Number 2019-001 s 10 Kyle Sylvester- Circ - k by City of Fayetteville, Arkansas I I :-/ Text File File Number: 2019-0345 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date: 6/18/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting Agenda Number: C. 4 VAC 19-6664 (485 NORTH VINSON AVE/GOCIO): File Type: Ordinance AN ORDINANCE TO APPROVE VAC 19-6664 FOR PROPERTY LOCATED AT 485 NORTH VINSON AVENUE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 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 a utility easement 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 portions of a general utility easement and drainage easement 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 611712019 City of Fayetteville Staff Review Form 2019-0345 Legistar File ID 6/18/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 5/30/2019 Submitted By Submitted Date Action Recommendation: CITY PLANNING (630) Division / Department VAC 19-6664: Vacation (485 North Vinson Ave./Gocio, 447-448): Submitted by BATES & ASSOCIATES, INC. for property located at 485 N. VINSON AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acres. The request is to vacate a portion of a general utility easement. Budget Impact: Account Number Project Number 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 Fund Project Title ►$ 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY COUNCIL AGENDA MEMO CITY of FAYETTEVILLE ARKANSAS MEETING OF JUNE 18, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: May 30, 2019 SUBJECT: VAC 19-6664: Vacation (485 North Vinson Ave./Gocio, 447-448): Submitted by BATES & ASSOCIATES, INC. for property located at 485 N. VINSON AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6664 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located at 485 N. Vinson Avenue and is developed with a single-family dwelling. The request is to vacate a portion of the 30 -foot general utility easement along the property's northern boundary (see attached vacation exhibit). The platted easement does not contain any utilities and is located over the existing single-family dwelling and carport. Neither staff nor the applicant is aware of how the conflict between house and easement came into existence. DISCUSSION: At the May 28, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC 19-6664 Close Up View MAPLE ST LAFAYETTE ST EXHIBIT 'A' GOCIO TRUST ST G Z N O z G m Subject Property R Nt F-6 Legend Hillside -Hilltop Overlay District Feet Planning Area 0 75 150 300 450 600 — r Fayetteville City Limits 1 inch = 200 feet Building Footprint RSF-4 TRUST ST COMPANY ST A& NORTH RSF-4 RMF -6 RMF -24 1-1 Heavy Commercial and Light Industrial EXHIBIT 'B' VAC 19-6664 I Associates v Inc. 14! Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 ' FAX: 479-521-9350 www.nwabatesinc.com LEGAL DESCRIPTION OF AREA OF UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 30 FOOT UTILITY EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87015'01 "W 551.78', THENCE N0003549"E 15.08' TO AN EXISTING REBAR, THENCE N87015'02"W 24.36TO THE TRUE POINT BEGINNING AND RUNNING THENCE S46007'40"E 22.81', THENCE N87015'02"W 91.10', THENCE N42050'22"W 21.43', THENCE S87015'02"E 47.70', THENCE N56°52'31 "E 7.08', THENCE S32043'25 "E 5.10', THENCE S87° 15'02"E 32.83', TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: May 28, 2019 (Updated with Planning Commission results) SUBJECT: VAC 19-6664: Vacation (485 North Vinson Ave./Gocio, 447-448): Submitted by BATES & ASSOCIATES, INC. for property located at 485 N. VINSON AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.24 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6664 to City Council with a recommendation of approval and conditions based on the findings contained In this report. RECOMMENDED MOTION: "I move to forward VAC 19-6664 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located at 485 N. Vinson Avenue and is developed with a single-family dwelling. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surroundina Land Use and Zonina Direction Land Use Zoning North Residential RSF-4, Residential Single Family, 4 Units Per Acre South Residential RSF-4, Residential Single Family, 4 Units Per Acre East Residential RSF-4, Residential Single Family, 4 Units Per Acre West Residential RSF-4, Residential Single Family, 4 Units Per Acre Proposal: The request is to vacate a portion of the 30 -foot general utility easement along the property's northern boundary (see attached vacation exhibit). The platted easement does not contain any utilities and is located over the existing single-family dwelling and carport. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: City of Fayetteville Water/Sewer Solid Waste & Recycling Response No objections and no comment. Not applicable. Planning Commission May 28, 2019 Agenda Item 5 19-6664 Gocio Page 1 of 8 Transportation Not applicable. AT&T No objections and no comment. Black Hills No objections and no comment. Cox No objections. Ozark Electric No objections and no comment. SWEPCO No objections and no comment. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6664 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; PLANNING COMMISSION ACTION: Required YES Date: May 28, 2019 O Tabled 0 Forwarded O Denied Motion: Belden Note: On consent agenda. Second: Brown Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission G:\ETCOeveiopment Services RevieM20190evelopment Services\19-6664 VAC 485 N. Vinson Ave_ (Gocio) 447- May 28, 2019 448\01 Planning Commission\05-28-2019\Comments and Redlines Agenda Item 5 19-6664 Gocio Page 2 of 8 Bates { D Associatesjnc. Civil Engineering • hand Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350' FAX: 479-521-9350 wwN.nwabatesinc.com April 16, 2019 To the City of Fayetteville Planning Commission & City Council: Our client Mary Gucio is proposing to vacate a portion of an existing utility easement running through the north side of her property located at 485 N. Vinson Avenue. The purpose of this request is to get her existing house and carport out of the existing easement. A portion of the easement is to remain for an existing sewer line and gas line running through said easement. If you have any questions, comments, or concerns please do not hesitate to give me a call_ Thank you, Andy Hooper Bates & Associates Planning Commission May 28, 2019 Agenda Item 5 19-6664 Gocio Page 3 of 8 PETITION PETITION TO VACATE AN EASEMENT LOCATED AT 485 NORTH VLNSON AVENUE, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easements hereinafter sought to be abandoned and vacated, lying at 485 N. Vinson Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A PORTION OF AN EXISTING 30 FOOT UTILITY EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N8r 15'01"W 551.78', THENCE N0003549"E 15.08' TO AN EXISTING REBAR, THENCE N87015'02"W 24.36' TO THE TRUE POINT BEGINNING AND RUNNING THENCE S46007'40"E 22.81', THENCE N87° 15'02"W 91.10', THENCE N42°50'22"W 21.43', THENCE S87° 15'02"E 47.70', THENCE N560523I "E 7.08', THENCE S32°43'25"E S.10', THENCE S87°15'02"E 32.83', TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of easement located in the 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 above described easement. 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 approve 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 of said real estate sought to 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. Dates this ff'9 day of i�1 I 2019. A ai; ?Delo Print }Name Signature Planning Commissic May 28, 201 Agenda Item 19-6664 Goci Page 4 of UTILITY EASEMENT VACATION EXHIBIT ,A E l­ 2MAY 10 v .1 - VIM v*5 wlivMLCF'IA U Fw1WT 1% sw wt W"M w MK" P-- ME mv.xi,— nAv N.IMwucii ImR, lkAWXlK--%r-.TWL n 5M0Y WF WWWItkiT- EAV % INA�tlJkll,—U Xk(lKlt "M MONK }PAN "M AKIN Or"t" AS MIAAMIOiff, �..M kMA. �kWj�l "MUM kltl All' 1-1il, 11yTVnlw a i}LTTV1ti b3 N Agenda Item 5 19-6664 Gocio Page 5 of 8 WIAL A(;kLAUk A"AT(WPARCEL #765-04846-00 7W 7 0.24 ACRES 10 —10 ANNA 00; V t, cA-Fos !I- + "DUKE mv.xi,— nAv N.IMwucii ImR, lkAWXlK--%r-.TWL n 5M0Y WF WWWItkiT- EAV % INA�tlJkll,—U Xk(lKlt "M MONK }PAN "M AKIN Or"t" AS MIAAMIOiff, �..M kMA. �kWj�l "MUM kltl All' 1-1il, 11yTVnlw a i}LTTV1ti b3 N Agenda Item 5 19-6664 Gocio Page 5 of 8 Agenda Item 5 19-6664 Gocio Page 6 of 8 Agenda Item 5 19-6664 Gocio Page 7 of 8 VAC 19-6664 One Mile View 0 0.125 0.25 0.5 Miles ca _o If Subject Property rr LAFAYETTEST iF-6.f Itl Jil Legend -. Trail (Proposed) Planning Area ' Fayetteville City Limits Design Overlay District ...... Planning Area - -- Building Footprint "` = Fayetteville City Limits 7 114-4 Z -N Q EXTRACTION RESIDENTIAL SINGLE-FAMILY M" <.._ IlrwwY+tW ngn— iLSti-3 COYYERCNL F}C-t iievMy..:Jece FORM BASED DISTRICTS pStJ � Do'w+b., far t� l+•Lh Tnnu.yd�e RfSIDENDEN TNI MULTI -FAMILY .::>::=, --C— y,—rjypNo+><...e+e No —. Mte.• a ,5�i. am—, iM RYf .V PLANNED ZONR/O 06TRICTS MDUST .5TRVn0NAL ` """""" Planning C mission -h""'28,2019 Agenda Item 5 19-6664 Gocio Page 8 of 8 RECEIVED JUL 0 5 2019 NORTHWEST ARKANSAS CITY OF FAYETTEVILLE � em®crat 6zette CITY CLERK S OFFICE 7 AFFIDAVIT OF PUBLICATION 1 Cathy Staggs, do solemnly swear that I am the Accounting Manager 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. 6197 Was inserted in the Regular Edition on: June 27, 2019 Publication Charges: $ 83.20 Cathy St s Subscribed and sworn to before me This Zgday of2019. &CM, " Notary Public ij My Commission Expires: �1 CATHY WILES ' Arkansas - Benton County Notary Public - Comm# 12397118 c My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6197 File Number: 2019-0345 VAC 19-6664 (485 NORTH VINSON AVE/GOCIO): AN ORDINANCE TO APPROVE VAC 19- 6664 FOR PROPERTY LOCATED AT 485 NORTH VINSON AVENUE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT 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 a utility easement 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 portions of a general utility easement 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developers expense. PASSED and APPROVED on 6/18/2019 Lioneld Jordan Attest: Sondra E. Smith 74991063 June 27, 2019