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Home My WebLink AboutORDINANCE 6203OF FAYETTF L 9RkANS PS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6203 File Number: 2019-0376 VAC 19-6689 (1923 N. CANDLESHOE DR./PILCHER): Doc ID : 018697050004 T ►►III►►III►I►II►►I Kind: ORDINANCE Type: REL Recorded: 07/19/2019 at 03:13:49 pM Fee An $30.00 Page 1 of q Washington County, AR Kyle Sylvester Circuit Fi1e201 Q�000^e1358 AN ORDINANCE TO APPROVE VAC 19-6689 FOR PROPERTY LOCATED AT 1923 NORTH CANDLESHOE DRIVE 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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. Page 1 Printed on 7W9 File, Number: 2019-0376 Ordinance 6203 PASSED and APPROVED on 7/2/2019 Attest: Sondra E. Smith, City Clerk TreGRK�T��'�i CIT Fq .c Ir =1 ;y• '��•.'INSAS .•'� `�`. Page 2 Printed on 713119 2 101.17 - 9°40'42 00" E I yo, �?nu� E�sE►�aT L oT Tj _r _22'-67/ " 0, I -- I f \ A ID I L4 v � _ i� Da 361-451811 v log l�llL.lT`i EASE�-r v 109.11 s�, = r• - �o-o• N 88010'40.00" W -J—F Pr NEW HOME FOR THE FRmit-v OF •80DD4 PaEPLES- 3 CRySTFd- CAVE P.DA. Lar 0 10 19-6689 EXHIBIT 'A' LU OC:) O M cV 4— +— n n ♦- W O � Lcl a� a� �o M Z I yo, �?nu� E�sE►�aT L oT Tj _r _22'-67/ " 0, I -- I f \ A ID I L4 v � _ i� Da 361-451811 v log l�llL.lT`i EASE�-r v 109.11 s�, = r• - �o-o• N 88010'40.00" W -J—F Pr NEW HOME FOR THE FRmit-v OF •80DD4 PaEPLES- 3 CRySTFd- CAVE P.DA. Lar 0 10 19-6689 EXHIBIT 'A' LU _ 634" s� I` V OC:) O M cV 4— +— n n ♦- _ 634" s� I` V 19-6689 EXHIBIT 'B' The eastern 10' of the existing 20' easement, said easement being 70' in length, located at 1923 N. Candleshoe Drive, Fayetteville, Arkansas, Lot 10, Crystal Cove Subdivision. Washington County, AR f' led on 1 certify this instrument was 0711912019 03'.13'.49 PM and recorded in Real Estate ber2019-00021358 Frle Nu er�cuit Clerk Kyle Sylvest% by City of Fayetteville, Arkansas 113 West Mountain Street = Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0376 Agenda Date: 7/2/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 7 VAC 19-6689 (1923 N. CANDLESHOE DR./PILCHER): AN ORDINANCE TO APPROVE VAC 19-6689 FOR PROPERTY LOCATED AT 1923 NORTH CANDLESHOE DRIVE 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 7/3/2019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0376 Legistar File ID 7/2/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/14/2019 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 19-6689: Vacation (1923 N. CANDLESHOE DR./PILCHER, 373): Submitted by MARITA PILCHER for property located at 1923 N. CANDLESHOE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.02 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 Fund Project Title I$ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 2, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner CITY COUNCIL MEMO DATE: June 14, 2019 SUBJECT: VAC 19-6689: Vacation (1923 N. CANDLESHOE DR./PILCHER, 373): Submitted by MARITA PILCHER for property located at 1923 N. CANDLESHOE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.02 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6689 as shown in the attached Exhibits `A' and `B' and with the following conditions 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 in East Fayetteville, one lot south of the intersection on Madison Drive and Candleshade Drive, and on the west side of Candleshoe. The property is currently developed with single-family dwelling. Proposal: The applicant proposes to vacate a portion of an existing 20 -foot utility easement running north -to -south along the subject property's western property line. The area to be vacated totals approximately 700 -square feet (see attached Exhibit 'A'). DISCUSSION: At the June 10, 2019 Planning Commission meeting, this item was forwarded as part of the consent agenda to the City Council with a recommendation of approval, with all conditions as recommended by staff. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission packet w N 101.17 9°40 42.00" E y0� lfiu�r F�sEt�T UOT 10 _r J � I ID' o � _ T 24' 3��a+ gg v Itis �TllrtT`-i �.ASEj'tE_j.��' v i 109.11 5C.— I. - N 88010'40.00" W -J-� Pr AEw f -otiE FDR 77tE Ffly u -v OF -BUDD`1 PaEPLES- R.: CR4sTFK- CovF- P.M. Lor 10 10 19-6689 EXHIBIT 'A' 100 O M N d Z � Cl v a coo_ 0 2 � All in SA w. 19-6689 EXHIBIT 'B' The eastern 10' of the existing 20' easement, said easement being 70' in length, located at 1923 N. Candleshoe Drive, Fayetteville, Arkansas, Lot 10, Crystal Cove Subdivision. CITY OF IVFAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: June 10, 2019 (Updated with Planning Commission Results) SUBJECT: VAC 19-6689: Vacation (1923 N. CANDLESHOE DR./PILCHER, 373): Submitted by MARITA PILCHER for property located at 1923 N. CANDLESHOE DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.40 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6689 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 19-6689 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located in East Fayetteville, one lot south of the intersection on Madison Drive and Candleshade Drive, and on the west side of Candleshoe. The property is currently developed with single-family dwelling. Surrounding land use and zoning is depicted in Table 1. Table 1: Surroundinq Land Use and Zoninq Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Pond Starr Lake SD POA Property) RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre Proposal: The applicant proposes to vacate a portion of an existing 20 -foot utility easement running north -to -south along the subject property's western property line. The area to be vacated totals approximately 700 -square feet. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Planning Commission June 10, 2019 Agenda Item 5 19-6689 Pilcher Page 1 of 8 Utility Response Cox Communications No objections, provided that the remainder of the north -south easement along the western property line remain. AEP/SWEPCO No objections and no comment. BlackHills Energy AR No objections and no comment. AT&T No objections and no comment. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections and no comment. Solid Waste & Recycling N/A Transportation N/A Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 19-6689 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: June 10, 2019 O Tabled M Forwarded O Denied Motion: Belden, on the Consent Agenda (Second: Brown Vote: 7-0-1, Johnson abstained Planning Commission G \ETC\Development Services Review\2019\Development Services\19-6689 VAC June 10, 2019 1923 N. Candleshoe Dr (Pilcher) 373\03 Planning Commission\06-10-2019 Agenda Item 5 19-6689 Pilcher Page 2 of 8 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission GAETC\Development Services Review\2019\Development Services\19-6689 VAC June 10, 2019 1923 N. Candleshoe Dr. (Pilcher) 373\03 Planning Commission\06-10-2019 Agenda Item 5 19-6689 Pilcher Page 3 of 8 VAC 19-6689 Petition to Vacate PETITION TO VACATE the Eastern 10' of the existing 20' utility easement, said easement being 70' in length, located at 1923 N. Candleshoe Drive, Fayetteville, Arkansas, Lot 10, Crystal Cove Subdivision. TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the utility easement hereinafter sought to be abandoned and vacated, lying at lot 10, Crystal Cove Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of a utility easement which is described as follows: The Eastern 10' of the existing 20' utility easement, said easement being 70' in length, located at 1923 N. Candleshoe Drive, Fayetteville, Arkansas, Lot 10, Crystal Cove Subdivision. The petitioners request that the City of Fayetteville, Arkansas, vacate the utility easement as described above to the property of 1923 N. Candleshoe Dr., Fayetteville and that the above described real estate be available for use to the benefit and purpose of the abutting property as approved by law. The petitioner's further request that the above real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to the utility and sewer easements, and that title of said real estate sought to be vacated 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 utility easement. Dated this 2-9 day of r ( 20f _. MIRR1T -4 E;lGhe►� Printed Name . Iv Signature Printed Name Signature Planning Commission June 10, 2019 Agenda Item 5 19-6689 Pilcher Page 4 of 8 w N 101.17 - 9040'42.00" E VAC 19-6689 Vacation Exhibit LU W o o 0 6 O t1— O ^� t ea - LOT Wj r _W 221_67/" - 26'-b'�/r}" O n. - W) cx� ad 0 A ID Z 1 - .� W rLot CS I z r o M LA -1S ' o 24' 37a' qq 9 36'_45/8° v 10� lhtl n i EmEtkENT - t Pt. flT t -f1 109.11 sc+,LE: N 88010'40.00" W A-NEw FF"OHE FOP, THE FRNILN OF •30DD4 PaEPLES- C1 C9`STR- C—OVE P.M.Lim 10 10 �---PFanning Commission June 10, 2019 Agenda Item 5 19-6689 Pilcher Page 5 of 8 VAC 19-6689 One Mile View IMC PILCHER Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint II — — — � Subject Property w z :3 2 X O w I I I - _ _ _ _ _ _ _ — _ _ _ I -.. I I f 1 1. 1 i � I i I I I � I � rel �-----� Planning Area r Fayetteville City Limits EXTRACTION RESIDENTIAL SINGLE-FAMILY 0 0.125 0.25 0.5 Miles RezitlmuaMgrcunurai s :;.. RSF-.S RSF-1 ReaAmM1aWM¢ RSF-1 C.2 RSF-e C-3 RSF-1 FORM BASED DISTRICTS RSF. I II -., RSF-11 I Z RESIDENTIAL MULTI -FAMILY J 10 ' RSI - i 1 � LQ MF{ rte'"A'. RMF�t2 )!C mwrN Servcaz ANN RMF-tB O RMF'Ie PLANNED ZO N ING DISTRICTS M RMFJO w INDUSTRIAL 2 Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint II — — — � Subject Property w z :3 2 X O w I I I - _ _ _ _ _ _ _ — _ _ _ I -.. I I f 1 1. 1 i � I i I I I � I � rel �-----� Planning Area r Fayetteville City Limits -MMW10, 2019 Agenda Item 5 19-6689 Pilcher Page 6 of 8 EXTRACTION RESIDENTIAL SINGLE-FAMILY III RezitlmuaMgrcunurai COMMERCIAL :;.. RSF-.S RSF-1 ReaAmM1aWM¢ RSF-1 C.2 RSF-e C-3 RSF-1 FORM BASED DISTRICTS RSF. M Wvmruvm Crve RSF-11 -UNanT nwylrlare RESIDENTIAL MULTI -FAMILY Ma^siren cmier a M RT '1 R zuemu Tv,e a"tl 1-1 N �Unv.... ce"cra MF{ rte'"A'. RMF�t2 )!C mwrN Servcaz ANN RMF-tB Negnmmom Servcez Ne "mC"nmrvarim RMF'Ie PLANNED ZO N ING DISTRICTS M RMFJO WC i"Uwriar. Reutlmriai INDUSTRIAL INSTITUTIONAL Planning Co mission -MMW10, 2019 Agenda Item 5 19-6689 Pilcher Page 6 of 8 06YOTO Me Close Up View PILCHER x 0 w 0 r co Lu J Z Q U Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 Building Footprint 1 inch = 200 feet M A& NORTH RSF-4 P-1 Planning Co mission 10, 2019 Agenda Item 5 19-6689 Pilcher Page 7 of 8 VAC19-6689 PILCHER Current Land Use NORTH pi c�D `` b4 WICK4DR pN_ CHA �SA�"-� �. s A- /Y' (` ; h 41 SingleFamily �. - _ D N R E e a 1 z i Subject Property, Z� 7 Single Family , �Y GtR o b LU 41 WOf '- Q - i Z� Z. v +� - ging!" 14, t ARAPAHO ! 7 E < g'{ R ' r a "4 Streets Existing FEMA Flood Hazard Data MSP Class MINOR ARTERIAL 100-Year Floodplain - PRINCIPAL ARTERIAL Feet Floodway Trail (Proposed) 0 112.5 225 450 675 900 Planning Area 1 inch = 300 feet _ - Fayetteville City Limits Planning Co mission 10, 2019 Agenda Item 5 19-6689 Pilcher Page 8 of 8 RECEIVED JUL 15 2019 NORTHWEST ARKANSAS CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Vemoc t AzQtte AFFIDAVIT OF PUBLICATION I 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 £ CITY OF FAYETTEVILLE Ord. 6203 Was inserted in the Regular Edition on: July 11, 2019 Publication Charges: 88.40 Gif I -_ - _� r I Cathy S a s Subscribed and sworn to before me This t ` day of 1� d, 2019. &X�k �4 Notary Public My Commission Expires: 2* 1 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. Ordinance: 6203 File Number: 2019-0376 VAC 19-6689 (1923 N. CANDLESHOE DR./PILCHER): AN ORDINANCE TO APPROVE VAC 19- 6689 FOR PROPERTY LOCATED AT 1923 NORTH CANDLESHOE DRIVE 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 a portion of a general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 7/2/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 75007018 July 11, 2019