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HomeMy WebLinkAboutOrdinance 6273F FPYETT O l FL 4RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6273 File Number: 2019-0905 VAC 19-6922: 627 N. LEVERETT AVE./CAJAKAJO, INC.: i 1111111 111111 iii iii�i 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii Doc ID: 019021060004 Type: REL Kind: ORDINANCE Recorded: 01/24/2020 at 12:30:50 PM Fee Amt: $30.00 Pape i of 4 Wa�hAR Kyle 1Sylvester ngton nCircuit Clerk File2020-00002511 AN ORDINANCE TO APPROVE VAC 19-6922 FOR PROPERTY LOCATED 627 NORTH LEVERETT 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 general 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. PASSED and APPROVED on 1/7/2020 Page 1 Printed on M120 T• File Number. 2019-0905 Ordinance 6273 Attest: G�-�R K Kara Paxton, City Clerk TreasuEer: FA yc7T LLQ: "= Page 2 Printed on 119120 L C 4 C VAC 19-6922 Close Up View CAJAKAJO, INC. MATE675 Subject Property F DOUGLAS ST Legend Planning Area Feet Fayetteville Cit Limits 0 55 110 220 330 440 Y Y Building Footprint 1 inch = 150 feet 19-6922 EXHIBIT 'A' RMF -40 TAYLOR ST A& - NORTHI RI -U Q RMF -40 Q C-1 19-6922 EXHIBIT 'B' EASEMENT VACATION A PART OF THE SOUTH HALF OF THE ABANDONED STREET LYING NORTH OF LOT 5, IN BLOCK 2 OF LEVERETT'S THIRD ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 9, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING 20 FEET NORTH AND SOUTH AND 140 FEET EAST AND WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT. BEGINNING AT A POINT WHICH IS NO2°30'16"E 64.86' FROM THE SOUTHWEST CORNER OF THE NORTH 15 FEET OF LOT 4, IN BLOCK 2 OF SAID LEVERETT'S THIRD ADDITION, AND RUNNING THENCE NO2°30'16"E 8.26, THENCE S89°40'42"E 129.12; THENCE S01 °55'19"W 13.68; THENCE N87°16'28"W 129.16' TO THE POINT OF BEGINNING. CONTAINING 0.03 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 01/24/2020 12:30:50 PM and recorded in Real Estate File Number 2020-00002511 Kyle SylvesterIr uit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0905 Agenda Date: 1/7/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 3 VAC 19-6922: 627 N. LEVERETT AVE./CAJAKAJO, INC.: AN ORDINANCE TO APPROVE VAC 19-6922 FOR PROPERTY LOCATED 627 NORTH LEVERETT 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 general 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 11812020 City of Fayetteville Staff Review Form 2019-0905 Legistar File ID 1/7/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 12/11/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6922: Vacation (627 N. LEVERETT AVE./CAJAKAJO, INC, 444): Submitted by BLEW & ASSOCIATES, INC. for property located at 627 N. LEVERETT AVE. The property is zoned RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.29 acres. The request is to vacate a portion of a utility easement. Budget Impact: Account Number Fund 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 Project Title I$ I V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF rQ FAYETTEVILLE ARKANSAS MEETING OF JANUARY 7, 2020 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Abdul Ghous, Planner DATE: December 11, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6922: Vacation (627 N. LEVERETT AVE./CAJAKAJO, INC, 444): Submitted by BLEW & ASSOCIATES, INC. for property located at 627 N. LEVERETT AVE. The property is zoned RMF -40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.29 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6922 as shown in the attached Exhibits 'A' and Hand 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. BACKGROUND: The subject property is located at 627 N. Leverett Ave, lot 5, block 2 of the Leverett's Third Addition. The property is zoned RMF -40, Residential Multi -Family, 40 Units per Acre. Proposal: The applicant proposes to vacate a 20 -foot utility easement that runs along the property's northern boundary (see attached exhibit). DISCUSSION: At the December 9, 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 19-6922 L Close Up View CAJAKAJO, INC. Legend Planning Area = _ � L—._.� Y Y Fayetteville Cit Limits Building Footprint Feet 0 55 110 220 330 1 inch = 150 feet DOUGLAS ST 440 19-6922 EXHIBIT 'A' TAYLOR ST A& NORTH RI -U RMF -40 [� C-1 19-6922 EXHIBIT 'B' EASEMENT VACATION A PART OF THE SOUTH HALF OF THE ABANDONED STREET LYING NORTH OF LOT 5, IN BLOCK 2 OF LEVERETT'S THIRD ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 9, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING 20 FEET NORTH AND SOUTH AND 140 FEET EAST AND WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.- BEGINNING ATA POINT WHICH IS NO2°30'16"E 64.86' FROM THE SOUTHWEST CORNER OF THE NORTH 15 FEET OF LOT 4, IN BLOCK 2 OF SAID LEVERETT'S THIRD ADDITION, AND RUNNING THENCE NO2°30'16'E 8.26, THENCE S89°40'42'E 129.12; THENCE S01 °55'19"W 13.68, THENCE N87°16'28"W 129.16' TO THE POINT OF BEGINNING. CONTAINING 0.03 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO W40 ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Abdul R. Ghous, Planner MEETING: December 9, 2019 Updated 12.10.19 - PC FWD SUBJECT: VAC 19-6922: Vacation (627 N. LEVERETT AVE./CAJAKAJO, INC, 444): Submitted by BLEW & ASSOCIATES, INC. for property located at 627 N. LEVERETT AVE. The property is zoned RMF -40, RESIDENTIAL MULTI FAMILY, 40.UNITS PER ACRE and contains approximately 0.29 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6922 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 19-6922 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located at 627 N. Leverett Ave, lot 5, block 2 of the Leverett's Third Addition. The property is zoned RMF -40, Residential Multi -Family, 40 Units per Acre. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use I Zoning North, South, East & West Residential I RMF -40, Residential Multi -Family, 40 Units per Acre Proposal: The applicant proposes to vacate a 20 -foot utility easement that runs along the property's northern boundary (see attached exhibit). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments and franchise utility companies with the following responses: Utility Cox Communications Response No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. AEP/SWEPCO Black Hills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling No objections and no comment. No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. Not applicable. Transportation Not applicable. Public Comment: No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6922 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: December 9, 2019 O Tabled I3 Forwarded O Denied Motion: Johnson Second: Belden Vote: 5-0-0 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Updated 12.10.19 FWD from the consent agenda. G:\ETC\Development Services Review\20190evelopment Services\19-6922 VAC 627 N. Leverett Ave. (Cajakajo, Inc.) 444\03 Planning Commission\12-09-2019\Comments and Redlines PETITION TO VACATE A (a portion of an existing 40 ft. utility easement) LOCATED IN (Block 2, Leverett's Third Addition), 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 a portion of an existing 40 ft. utility easement hereinafter sought to be abandoned and vacated, lying in (Block 2, Leverett's Third Addition), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an existing 40 ft. utility easement which is described as follows: A PART OF THE SOUTH HALF OF THE ABANDONED STREET LYING NORTH OF LOT 5, IN BLOCK 2 OF LEVERETT'S THIRD ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 9, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING 20 FEET NORTH AND SOUTH AND 140 FEET EAST AND WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING ATA POINT WHICH IS NO2°30'16"E 64.86' FROM THE SOUTHWEST CORNER OF THE NORTH 15 FEET OF LOT 4, IN BLOCK 2 OF SAID LEVERETT'S THIRD ADDITION, AND RUNNING THENCE NO2°30'16"E 8.26, THENCE S89°40'42 E 129.12; THENCE S01 °55'19"W 13.68, THENCE N87°16'28"W 129.16' TO THE POINT OF BEGINNING. CONTAINING 0.03 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the above described utility easement is (parcel 765-07521-000) 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 above described utility easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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, 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 . Dated this loth day of October 2019 Printf Signa Prirr Sign -- - - -- — i TCARAWY SHEET I. ir IM 20 e0 6m��� CAJAIUJO HOLDINGS IND. PA NMI VAC19-6922 CAJAKAJO, INC. A& One Mile View NORTH 0 0.125 0.25 0.5 Miles ILf R INi F-2a � t I CS 2 F-1LLJ w l C-1\ R -4 �❑❑ i` R-O 1 I I ❑ ❑+ RINF40"S FiJ d t r Subject Property CLEVELAND ST I 1 I D - MAPL,,ST 1 , } uerrrsrr• ! � - P-1 ❑D, - _ - I 7F E � i �Isc If ,--- RESIDENTWL SINCLEFAMILY EIITRACTgN Legend ------ Omu COMMERCIAL A..eev�Weid t-7 nea C7U, _ Planning Area ce _ 'Rer'1 LORMBASED DISTRICTS 1 - era r_ Fayetteville City Limits. — — Shared Use Paved Trail �Aera mob a•.� , RESIDENTIAL MULTIFAMILY 1 Trail (Proposed) �,.Yr^= PLANNED ZONS�ODISTRICTS - - - a„r-,. Planning Area =- o° r}' WSTIMMNAL Design Overlay District - �SmaL a ---- Fayetteville City ----- L, e..n wr.:,Ra.�eioM in,.nn VAC 19-6922 CAJ A KAJ O, INC. Close Up View L RIVATE 675 w R1 -U Q Subject Property O' Z RMF -40 Y Q O t > TAYLOR ST Q Of W O co DOUGLAS ST NORTH Legend r-1 RI -U Planning Feet RMF -40 g Area CC -1 Fayetteville Cit Limits 0 55 110 220 330 440 Y Y Building Footprint 1 inch = 150 feet 'jL. ;A4 'Q410' VA "CEIVED FEB 0 4 2020 EALLE NORTHWEST ARKANSAS `KS OFFICE Democrat Vonefte .'.`'-C` r3OX it 07 Y y� TWL'I� .I», ,fit i{. 72702,4 '.'(1.0 2"1i 7 • FAX: .ks79.. QS..1'l • �i4rj��Y'YdV. '�%ktAe'C',. i.II AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide Circulation in said county, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 6273 Was inserted in the Regular Edition on: January 16, 2020 Publication Charges: $85.80 qR& Ww_ Cathyto gs Subscribed and sworn to before me This-om, day of -s , , 2020. tary Public My Commission Expires: 3 -t6 •z t' **NOTE** Please do not pay from Affidavit. Invoice will be sent. ,NI".gPNDRA • G� ;o l •'L S4s • e • e° 4�,ES316 Ordinance: 6273 File Number: 2019-0905 VAC 19-6922: 627 N. LEVERETT AVE./CAJAKAJO, INC.: AN ORDINANCE TO APPROVE VAC 19-6922 FOR PROPERTY LOCATED 627 NORTH LEVERETT 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 general 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. PASSED and APPROVED on 1/7/2020 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75208090 Jan 16, 2020