No preview available
HomeMy WebLinkAboutOrdinance 6345Doc ID: 019394450004 Type: REL Kind: ORDINANCE Recorded: 08/25/2020 at 11:56:57 AM Fee Amt: $30.00 Paqe 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2020 00029735 113 West Mountain Street Fayetteville, (479) 575-8323 ARCHIVED Ordinance: 6345 File Number: 2020-0609 VAC 20-7136 (NORTH OF 310 S. WILLOW AVEJNWA CUSTOM HOMES): AN ORDINANCE TO APPROVE VAC 20-7136 FOR PROPERTY LOCATED AT 310 SOUTH WILLOW AVENUE 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: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; A 20 foot easement shall dedicated to S W EPCO from the middle phase to the south running the length of the property. Page 1 Printed on 8110120 Ordinance. 6345 File Number 2020-0609 PASSED and APPROVED on 8/4/2020 Attest: 2 tt�jjjrrrrrrrfIf�� ;\JERK / ��.• Cl C;• per. 9J, Kara Paxton, City Clerk Treasures Page 2 Printed on 8110120 VAC20-7136 Close Up View mon. �> O:Q 7TH ST Legend NWA CUSTOM HOMES w.: Q O J .:J MARTIN LUTHER KING JR BLVD Planning Area Feet - - Fayetteville City Limits 0 45 90 180 270 360 Building Footprint 1 inch = 125 feet EXHIBIT 'A' 20-7136 W > Q NORTH - RW RMF-12 Downtown General Neighborhood Conservation EXHIBITS' 20-7136 LEGAL DESCRIPTION OF RIGHT-OF-WAY TO BE VACATED: A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 114) OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10C OF THE LYONS ADDITION TO THE CITY OF FAYETTEVILLE AS SHOWN IN A LOT SPLIT RECORDED AS FILE 2020-9426 IN THE RECORDS OF THE WASHINGTON COUNTY CIRCUIT CLERK AND EX-OFFICIO RECORDER; THENCE ALONG THE NORTH LINE OF SAID LOT 10C, N87009'38"W A DISTANCE OF 89.19 FEET TO THE NORTHWEST CORNER OF SAID LOT 10C, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 10A OF LYONS ADDITION AS SHOWN IN SAID LOT SPLIT; THENCE ALONG THE NORTH LINE OF SAID LOT 10A, N87009'38"W A DISTANCE OF 78.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH WILLOW AVENUE; THENCE N2°09'08"E A DISTANCE OF 4.19 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 9.82 FEET, AND A CHORD BEARING AND DISTANCE OF N20054'02"E - 9.64 FEET; THENCE S87°13'16"E A DISTANCE OF 164.20 FEET; THENCE S2034'06"W A DISTANCE OF 13.53 FEET TO THE POINT OF BEGINNING, CONTAINING 2,240 SQUARE FEET, MORE OR LESS. Washington County, AR I certify this instrument was filed on 08/25/2020 11:56:57 AM and recorded in Real Estate File Number 2020-00029735 Kyle Sylvester - Circuit Clerk b .. City of Fayetteville, Arkansas 113 West Mountain Street 1 Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0609 Agenda Date: 8/4/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C 6 VAC 20-7136 (NORTH OF 310 S. WILLOW AVEJNWA CUSTOM HOMES): AN ORDINANCE TO APPROVE VAC 20-7136 FOR PROPERTY LOCATED AT 310 SOUTH WILLOW AVENUE 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 shall be at the owner/developer's expense; 2. A 20 foot easement shall dedicated to SWEPCO from the middle phase to the south running the length of the property. City of Fayetteville, Arkansas Page 1 Printed on 81712020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0609 Legistar File ID 8/4/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/17/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 20-7136: Vacation (NORTH OF 310 S. WILLOW AVE./NWA CUSTOM HOMES, 524): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 310 S. WILLOW AVE. The property is zoned DG, DOWNTOWN GENERAL & NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.08 acres. The request is to vacate a portion of a street right-of-way. Budget Impact: Account Number Project Number Fund Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance 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 w . FAYETTEVILLE ARKANSAS MEETING OF AUGUST 4, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: July 17, 2020 CITY COUNCIL MEMO SUBJECT: VAC 20-7136: Vacation (NORTH OF 310 S. WILLOW AVE./NWA CUSTOM HOMES, 524): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 310 S. WILLOW AVE. The property is zoned DG, DOWNTOWN GENERAL & NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.08 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 20-7136, though differ in opinion as far as the amount of right-of-way to remain. Staff recommends the vacation align with the Master Street Plan maximum for a Neighborhood Link Street of 33.5 feet from centerline, and Planning Commission recommends the minimum of 27.5 feet from centerline as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing utilities or facilities will be at the applicant's expense. 2. SWEPCO requests a 20' general utility easement from middle phase to the south running the length of the property. Condition #2 was not originally listed as a condition of approval before Planning Commission, but staff finds that it should be included given the presence of the existing overhead power lines along E. Martin Luther King Jr. Blvd. BACKGROUND: The subject property includes approximately 0.08 acres of existing City of Fayetteville right-of- way on the south side of E. Martin Luther King Jr. Boulevard at the corner of S. Willow Avenue. The land was dedicated as right-of-way in 1944. Request: The applicant proposes to vacate a portion of the existing Right -of -Way which is currently exceeding the Master Street Plan (MSP) requirement for Neighborhood Link Streets. The Neighborhood Link Street classification has a minimum right-of-way of 55 feet, or 27.5 feet from centerline, and a maximum right-of-way of 67 feet, or 33.5 feet from centerline. The applicant Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 is proposing to vacate the existing right-of-way to the minimum dimensional requirement of 27.5 feet from centerline in order to line up a proposed sidewalk to the adjacent property to the east. DISCUSSION: On July 13, 2020, the Planning Commission unanimously forwarded the requested right-of-way vacation, recommending the applicant's preferred dimension of 27.5 feet from centerline, or the minimum allowable dimension according to the MSP for the Neighborhood Link Street designation. The motion was made by Commissioner Winston, with a second from Commissioner Belden, with a final vote of 9-0-0. The Commission's discussion centered around the possibility of a three -lane road at this location, generally inconsistent right-of-way dedication along this portion of E. Martin Luther King Jr. Boulevard, and an expressed desire for the right-of-way to align with the adjacent property to the east. Staff does note that right-of-way dedication is typically brought into compliance with the MSP to the maximum requirements when development occurs on -site. Lesser dedication may be recommended in the event of an undue hardship or practical difficulties. Staff recognizes the desire for continuity with the existing sidewalk and right-of-way to the east, but believes that a right-of-way dedication to the minimum standards is not warranted, especially since the rest of the street does not yet have existing sidewalk. Staff finds that the applicant should vacate the right-of-way to align with the maximum MSP requirement, since this would still allow the developer to construct a sidewalk that aligns with the property to the east, but does not prohibit any future greater street improvements the city would desire to make in the long-term future. The typical Neighborhood Link Street section includes 8-foot sidewalk, 10-foot greenspace, and a 10-foot parking lane, which were given careful consideration with the development of the typical street section to provide for pedestrian comfort and cyclist safety; should the additional vacation be permitted, this could have negative implications for active transportation and the inherent traffic calming of on -street parking in a neighborhood which is seeing an increasing amount of infill development. Additionally, $1 million in the bond program has been allocated for pedestrian improvements in the area. While actual projects have not yet been identified, there is potential for a City project that would construct sidewalk along this street frontage, and staff does not find that it would be advisable to give up right-of-way that allows for future infrastructure upgrades. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC20-7136 NWA CUSTOM HOMES EXHIBIT'A' Close Up View 20-7136 m tL O'Q U S T Legend Planning Area �- - - Fayetteville City Limits Building Footprint Q 3 O J .J 3 MARTIN LUTHER KING JR BLVD Feet 0 45 90 180 270 1 inch = 125 feet —� W Q NORTH RW RMF-12 Downtown General Neighborhood Conservation 360 EXHIBITS' 20-7136 LEGAL DESCRIPTION OF RIGHT-OF-WAY TO BE VACATED: A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 10C OF THE LYONS ADDITION TO THE CITY OF FAYETTEVILLE AS SHOWN IN A LOT SPLIT RECORDED AS FILE 2020-9426 IN THE RECORDS OF THE WASHINGTON COUNTY CIRCUIT CLERK AND EX-OFFICIO RECORDER; THENCE ALONG THE NORTH LINE OF SAID LOT 10C, N87009'38"W A DISTANCE OF 89.19 FEET TO THE NORTHWEST CORNER OF SAID LOT 10C, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 10A OF LYONS ADDITION AS SHOWN IN SAID LOT SPLIT; THENCE ALONG THE NORTH LINE OF SAID LOT 10A, N87°09'38"W A DISTANCE OF 78.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH WILLOW AVENUE; THENCE N2°09'08"E A DISTANCE OF 4.19 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 9.82 FEET, AND A CHORD BEARING AND DISTANCE OF N20°54'02"E - 9.64 FEET; THENCE S87°13'16"E A DISTANCE OF 164.20 FEET; THENCE S2°34'06"W A DISTANCE OF 13.53 FEET TO THE POINT OF BEGINNING, CONTAINING 2,240 SQUARE FEET, MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner MEETING DATE: July 13, 2020 Updated to include 7/13 PC Hearing Results SUBJECT: VAC 20-7136: Vacation (NORTH OF 310 S. WILLOW AVE./NWA CUSTOM HOMES, 524): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 310 S. WILLOW AVE. The property is zoned DG, DOWNTOWN GENERAL & NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.15 acres. The request is to vacate a portion of a street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC 20-7136 to the City Council with a recommendation of approval and a condition based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 20-7136 to the City Council with a recommendation for approval with the conditions recommended by staff." BACKGROUND: The subject property includes approximately 0.15 acres of existing City of Fayetteville right-of- way on the south side of E. Martin Luther King Jr. Boulevard at the corner of S. Willow Avenue. The land was dedicated as right-of-way in 1944. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Mixed -Density Residential DG. Downtown General South Undeveloped, Proposed Residential DG, Downtown General, NC, Neighborhood Conservation West Jefferson Park DG, Downtown General East Single-family Residential NC. Neighborhood Conservation Proposal: The applicant proposes to vacate a portion of the existing Right -of -Way which is currently exceeding the Master Street Plan requirement for Neighborhood Link Streets. The Neighborhood Link Street classification has a minimum right-of-way of 55-feet, or 27.5-feet from centerline, and a maximum right-of-way of 67-feet, or 33.5-feet from centerline. The applicant is proposing to vacate the existing right-of-way to the minimum dimensional requirement of 27.5- feet from centerline in order to line up a proposed sidewalk to the adjacent property to the east. Planning Commission July 13. 2020 Agenda Item 12 20-7136 NWA Homes Page 1 of 11 DISCUSSION: Vacation Approval: Staff is in support of the right-of-way vacation, since it will bring the street into compliance and continuity with the Master Street Plan (MSP). However, right-of-way dedication is typically brought into compliance with the MSP to the maximum requirements. Lesser dedication may be recommended in the event of an undue hardship or practical difficulties. Staff recognizes the desire for continuity with the existing sidewalk to the east, but believes that a right- of-way dedication to the minimum standards is not warranted, especially since the rest of the street does not yet have existing sidewalk. Staff finds that the applicant should vacate the right- of-way to align with the maximum MSP requirement, since this would still allow the developer to construct a sidewalk that aligns with the property to the east, but does not prohibit any future greater street improvements the city would desire to make in the long-term future. The typical Neighborhood Link Street section includes 8-foot sidewalk, 10-foot greenspace, and a 10-foot parking lane, which were given careful consideration with the development of the typical street section to provide for pedestrian comfort and cyclist safety; should the additional vacation be permitted, this could have negative implications for a neighborhood which is seeing an increasing amount of infill development. The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses: Utilit Response Cox Communications No objections and no comment. AEP/SWEPCO No objections, but commented that to achieve 15' radial clearance, SWEPCO requires a 20' utility easement from middle phase to the south running the length of the property. 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 No objections and no comment. Transportation No objections and no comment. Public Comment: One public comment from a neighbor in support of the request has been received by staff and is attached to this report. Planning Commission G:\ETC\Development Services Review\2020\Development Services\20-7136 VAC North of 310 S. Willow Ave. (NWA July 13. 2020 Custom Homes) 524\03 PC\07-13-2020 Agenda Item 12 20-7136 NWA Homes Page 2 of 11 RECOMMENDATION: Staff recommends forwarding VAC 20-7136 to the City Council with a recommendation for approval subject to the following condition: Conditions of Approval: 1. Planning Commission determination of amount of right-of-way to be vacated. Staff recommends right-of-way should be vacated to maximum Neighborhood Link Street classification of 67-feet, or 33.5-feet from centerline. 2. 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: July 13, 2020 O Tabled M Forwarded O Denied Motion: Winston Recommending 27.5' (master street plan minimum for Second: Belden neighborhood link streets)from centerline to be retained Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Applicant Letter • Vacation Exhibit • Public Comment • One Mile Map • Close-up Map • Current Land Use Map Planning Commission G:\ETC\Development Services Review\2020\Development Services\20-7136 VAC North of 310 S. Willow Ave. (NWA July 13. 2020 Custom Homes) 524\03 PC\07-13-2020 Agenda Item 12 20-7136 NWA Homes Page 3 of 11 PETITION TO VACATE A RIGHT-OF-WAY ALONG LOTS 10A AND 10C IN LYONS 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 the right-of-way hereinafter sought to be abandoned and vacated, lying along the north line of lots 10A and 10C in the Lyons Addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is described as follows: LEGAL DESCRIPTION OF RIGHT-OF-WAY TO BE VACATED: A PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 10C OF THE LYONS ADDITION TO THE CITY OF FAYETTEVILLE AS SHOWN IN A LOT SPLIT RECORDED AS FILE 2020-9426 IN THE RECORDS OF THE WASHINGTON COUNTY CIRCUIT CLERK AND EX-OFFICIO RECORDER; THENCE ALONG THE NORTH LINE OF SAID LOT 10C, N87°09'38"W A DISTANCE OF 89.19 FEET TO THE NORTHWEST CORNER OF SAID LOT 10C, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 10A OF LYONS ADDITION AS SHOWN IN SAID LOT SPLIT; THENCE ALONG THE NORTH LINE OF SAID LOT 10A, N87°09'38"W A DISTANCE OF 78.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH WILLOW AVENUE; THENCE N2°09'08"E A DISTANCE OF 4.19 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.73 FEET, AND A CHORD BEARING AND DISTANCE OF N47°27'56"E - 21.33 FEET; THENCE S87°13'16"E A DISTANCE OF 152.18 FEET; THENCE S2°34'06"W A DISTANCE OF 19.53 FEET TO THE POINT OF BEGINNING, CONTAINING 3,203 SQUARE FEET, MORE OR LESS. That the abutting real estate affected by said abandonment of the right-of-way are Lots 10A and 10C in the Lyons Addition to the City of Fayetteville as shown on a lot split at file number 2020-9426, that the right-of-way to be vacated has not been 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 right- of-way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility easements, and that title to said real estate sought to be abandoned be vested in the abutting property Planning Commission July 13. 2020 Agenda Item 12 20-7136 NWA Homes Page 4 of 11 owners as provided by law, and as to that particular land the owners of the above described real estate be free from the easements of the public for the use of said right-of-way. Dated this 10th day of April , 2020. NWA Custom Homes, LLC Printed Name (Owner of Lots 10A and 10C in Lyons Addition) ature Planning Commission July 13. 2020 Agenda Item 12 20-7136 NWA Homes Page 5 of 11 ENGINEERING SERVICES INC. 1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746 April 9, 2020 City Council & Planning Commission Transmitted Via Electronic Mail to: City of Fayetteville, Arkansas aharrison@fayetteville-ar.gov 125 West Mountain Street Fayetteville, AR 72701 RE: ROW Vacation E. Martin Luther King Jr. Boulevard City Council and Planning Commission Members. On behalf of our client, NWA Custom Homes, LLC, we hereby request vacation of a portion of the existing street right-of-way along the south side of E. Martin Luther King, Jr. Boulevard. The 3,203 square feet of right-of-way to be vacated is approximately 19.5 feet deep and 167 feet long and is illustrated in detail on the exhibits included with the application. During previous correspondence with planning department staff and one of the City's land agents during review of the lot split, it was determined the large vacant area between the street and these lots was dedicated as right-of-way at some point. However, the current right-of-way is well in excess of the minimum and maximum right-of-way for this street classification and also appears to exceed the practical needs of the City for this area. If the requested vacation is approved, it will allow for construction of a sidewalk along the south side of MLK which is in line with the existing sidewalk to the east when applicant builds on these lots and allow applicant to own, enjoy, and (of benefit to the City) maintain the area between the street and applicant's property. The requested vacation will not impact any existing street or sidewalk improvements or any known plans to install such improvements. Thank you for your consideration of this request. Sincerely, ---r Daniel Lazenby Brian J. Moore. P.E. I Tim J. Mays. P.E. I Jason Appel. P.E. I Jerry W. Martin 9 President Vice President Secietary:-reasurer Chainnan of die Board Planning Commission Consulting Engineers . • Surveyorswww.engineeringservices.com3 2020 ENGgVEERING SERVICES INC. Item 12 20-7136 NWA Homes Page 6 of 11 I 765-12858-000 / Vazquez, Martin 765-12857-000 302 E. Martin Luther King Blvd. Garden District Townhomes, LLC Fayetteville, AR 72701 \---------___"`_ 765-12846-001 Frances, Michael & Koren L. _ P.O. Box 940 I Rogers, AR 72756 328 E. Martin Luther King Blvd - Fayetteville, AR 72701 -' EAST MARTIN LUTHER KINC, ✓R. BLVD. - NEIGHBORHOOD LINK PORTION OF EXISTINGPi (55' —67' MSp ROW ROW TO REMAIN _ -__...____ CENTERLINE - RADIUS=15,00, -'- OF STREET ... .� ., L NGTH-23.73' 3 "^'� ,. SIDEWALK CH, BRG N472756"f W.-SOUTH-EDGEU CH L NGTH=21.33'i I` 55' MSP ROW �"- 3-_ �._ >, I `r SOUTH EDGE OF "'.-' o ----_--= -_ _---� U ..... MSP ROW ..-. a_..a__' �o E- - EXISTING ROW ON I I N87°0938"W- ADJ. PROPERTY a 78.01' � c o D ji, S 87°09'38" E oA N 87"09'38" W. 89.19' O S 02°34'06" W I' I Z PORTION OF EXISTING 19. 53' G c j `10 7.49' Part of 765-07672-000 ROW TO BE VACATED P.O.B. -�- NWA Custom Homes, LLC v I U 00 c° e J , , NE CORNER, LOT 10C; NE CORNER 1204 S. Joyce Blvd, Suite 102 � o1O J I O o u a NW CORNER, LOT 10A LOT 10C N v 1 Fayetteville, AR 72703 e 00 -1 �'^ m om ai p ti o- / �v o.so.-°S ti ��.� / NI o w2 d n a o o O h ' OB Part of 765-07672-000 O N_ vt y " 9 n aa: I NWA Custom Homes, LLC ti W 1204 S. Joyce Blvd, Suite 102 Part of 765-07672-000 e�p!-�� b Fayetteville, AR 72703 NWA Custom Homes, LLC \-- O S. Joyce Blvd. Suite rT — Faye Fayetteville. AR 72703 I -w I I I a 765-07671-000 NWA Custom Homes, LLC 1204 S. Joyce Blvd, Suite 102 O Fayetteville, AR 72703 I PART OF LOT 1 > 765-07673-000 I Hoover, James C. c\o SCALE 1-20' Melinda Renee Bridges 0 tQ' 2D' 4' 580 N. Cato Springs Road I I if Fayetteville. AR 72701 I ?5 LEGAL DESCRIPTION (WARRANTY DEED 932-344): � ■'y�r•GEND ` APART OF THE SOUTHWEST QUARTER (SW 114) OF THE SOUTHWEST QUARTER (SW 114) OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH. RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF LOT 10C OF THE L YONSADDITION TO THE CITY OF EXISTING RIGHT-OF-WAY TO REMAIN FA YETTEVILLEAS SHOWN IN A LOT SPLIT RECORDED AS FILE 2020-9426IN THE RECORDS OF THE WASHINGTON COUNTY CIRCUIT CLERK AND EX-OFFICIO RECORDER; THENCE ALONG THE NORTH LINE OF SAID LOT 10C, N87-09.38-W A DISTANCE OF 89.19 FEET TO THE NORTHWEST CORNER OF SAID LOT IOC, SAID POINT ALSO BEING THE EXISTING RIGHT-OF-WAY _ TO BE VACATED Y NORTHEAST CORNER OF LOT 10A OF LYONS ADDITION AS SHOWN IN SAID LOT SPLIT,THENCE ALONG THE NORTH LINE OF SAID LOT 10A, N87-0938"W A DISTANCE OF EASEMENT BOUNDARY 78.01 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH WILLOW AVENUE; THENCE N2-09'08'E A DISTANCE OF 4.19 FEET,' THENCE ALONG A TANGENT CURVE TO • ° r 20008 THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.73 FEET, AND A CHORD BEARING AND DISTANCE OF N47 271567E - 21.33 FEET,- THENCE S87-13-16-E A STREET CENTERLINE ?STANCE OF 152.18 FEET,' THENCE S2"34'06"W A DISTANCE OF 19.53 FEET TO THE POINT OF BEGINNING, CONTAINING 3,203 SQUARE FEET, MORE OR LESS. 1 From: Alan Ostner To: Harrison. Andv Subject: VAC 20-7136 Date: Friday, June 19, 2020 7:31:37 AM CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello planning staff, planning commission. and city council: I am a nearby neighbor and I support this vacation request. I live 4 -5 blocks away at 312 South Block. Downtown properties are so small and often on steep terrain that excessive rights -of -way make things really difficult for folks to move to our neighborhood. I have lived in SoFay over 25 years. I appreciate folks willing to invest in this incredible neighborhood. Thanks for your time. Best, Alan Ostner,ASLA,FLA DRAINAGE DOCTOR NWA, PLLC Licensed Landscape Architect Ark. LA License #5204 Ark. Contractor's Lic. #0330990619 Board Member: Fayetteville Urban Forestry Advisory Board Board Member: Keep Fayetteville Beautiful Commission Member: Ark Master Gardeners C: 479.387.7900 E: alan.72701Zomail.com Planning Commission July 13, 2020 Agenda Item 12 20-7136 NWA Homes Page 8 of 11 VAC20-7136 NWA CUSTOM HOMES A& NORTH One Mile View ►- o W w 0 w w w 0 0.125 0.25 0 5 Miles ZQ V) OQ Ua Q O Q V J LL5A z z z m Z z W CENTER ST z z EC RST �w wlm fU ++ tDlNSrr— W. MART LUTHER NG -MA TIN LUTHER - JR BLV KINGUR�gLVD C-2 I w a O O U CS U) ST Subject Property I MARTIN It .11 1-S k\II -24 R-A / R. -a .4 E MwojL l.LE RD MSC g o = j il �Q I i E 15TH ST C a EX i--- RESIDENTIAL SWOLEFAWLY CTNMI "S, ME.- COMMERCIAL Legend y° Planning Area RORMBASEDDISTRICTS ` ❑ "- _ _ Fayetteville City Limits .. e. , RESIDE NUAL MU L—AKIILV Trail (Proposed) PLANNEC ZONING DISTRICTS — — Planning Area ----�- INSTITUTIONAL Design Overlay District - — - - Fayetteville City Limits WDUSTRIAL Planning Co rr 13 ission 2020 Agenda Item 12 20-7136 NWA Homes Page 9 of 11 VAC20-7136 NWA CUSTOM HOMES Close Up View 4TH ST-,� > c 3 0 3 u, l a> z 0 _z VIIiST W a z 0 c� z 9 Legend Planning Area Fayetteville City Limits Building Footprint MARTIN LUTHER Mr 10 Qt vn Feet 0 55 110 220 330 440 1 inch = 150 feet RI-U RMF-12 Downtown General Neighborhood Conservation Planning Co mission luly 13.2020 Agenda Item 12 20-7136 NWA Homes Page 10 of 11 VAC20-7136 NWA CUSTOM HOMES _ Current Land Use NORTH Mixed -Density Residential t r MARTIN LUTHER _,_� -- - -- ' p ' KING JR BLVD i Jefferson Park ` Single-Famil; Residential I I Subject Property L T7—% r � e 4 Undeveloped ci jj , i .... - r 7,TH ST -- FEMA Flood Hazard Data 100-Year Floodpiain Feet E Floodway 0 25 50 100 150 200 _ _ _; Planning Area ' Fayetteville City 1 inch = 80 feet Y Y Limits Planning Co mission 10 13 2020 Agenda Item 12 20-7136 NWA Homes Page 11 of 11 NORTHWEST ARKAwms Ordinance:6345 Demote File Number: 609 Jn metre (NOR VAC 20-7136 (NORTH OF 310 S. WILLOW AVE./NWA CUSTOM HOMES): 3G'X r0%.='ii='FTrEVIII'c. b.G. %27C2 %9-d 2-1%00 . PAr >- ,e:;- '"S . %V NA1 N%NAD&COM AN ORDINANCE TO APPROVE VAC 20-7136 FOR PROPERTY LOCATED AT 310 SOUTH WILLOW AVENUE TO VACATE A PORTION OF AFFIDAVIT OF PUBLICATION STREET RIGHT-OF-WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the vacate public grounds or portions thereof which are not required for corporate Northwest Arkansas Democrat -Gazette, a daily newspaper printed and puoses; an WHEREAS the City Council has published in said County, State of Arkansas; that I was so related to this determined that the following described publication at and during the publication of the annexed legal advertisement portion of street right -of --way is not for the matter of: Notice pending in the Court, in said County, and at the dates of required corporate purposes. NOW, THEREFORE, BE IT the several publications of said advertisement stated below, that during OF c of FAYETTEVIiLLE IL and said periods and at said dates, said newspaper was printed and had a bona fide THE TY ARKANSAS: circulation in said County; that said newspaper had been regularly printed and Section 1: That the City Council of the City of Fayetteville, Arkansas hereby published in said County, and had a bona fide circulation therein for the period of vacates a portion of street right-of-way one month before the date of the first publication of said advertisement; and that as described in Exhibit B attached to the Planning Department's memo. said advertisement was published in the regular daily issues of said newspaper Section 2: A copy of this Ordinance as stated below. duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall City of Fayetteville be filed in the office of the Washington Ord 6345 County Circuit Clerk, Section 3: This vacation approval is subject to the following conditions: Was inserted in the Regular Edition on: 1. Any relocation of or damage to existing utilities or existing facilities August 16, 2020 shall be at the owner/developer's expense; 2. A 20 foot easement shall Publication Charges: $107.92 dedicated to SWEPCO from the middle phase to the south running the length of the property. PASSED and APPROVED on 9/4/2020 Approved: Lioneld Jordan, Mayor Brittany Smith -- Attest: Kara Paxton, City Clerk Treasurer 75306913 Aug. 16, 2020 Subscribed and sworn to before me This (a day of , 2020. ��52fi2 S�P,Zt�,L025 Notary Public �:"•,: �; My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent.