HomeMy WebLinkAboutOrdinance 6379113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6379
File Number: 2020-0948
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Kind:
ID. 01 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
9575180004 r
Record dDINANCE YPe: REL
Fee Amt: 11/30/2020 at : Washlnpto$3Co00 Page 0342:20 1 of 4PM
Kyle Sylvester AR
rcuit
File2o2oIN-0004erk
3743
VAC 2020-004 (800 BLOCK OF N. PARK AVE./PARK AVE. ALLEY):
AN ORDINANCE TO APPROVE VAC 20-004 FOR PROPERTY LOCATED IN THE 800 BLOCK
OF NORTH PARK AVENUE TO VACATE A PORTION OF ALLEY 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 alley
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 alley 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;
An easement shall be retained in place of the right-of-way for the length of the alley
Page 1 Printed on 11/19120
Ordinance: 6379
File Number: 2020-0948
.d with A.L. Trent's revised plat of the City Park Addition (lots 1-10, block 2 and lots 1-3, block 3).
PASSED and APPROVED on 11/17/2020
Attest:
C) �r����
..... ice
A,, GITy •. 9'.
AYE�E�
Kara Paxton, City Clerk Treasuter
,III
i
Page 2 Printed on 11119120
VAC-2020-000004
Close Up View
ADAMS ST
Park Ave. Alley
CLEBURN ST
PROSPECT-ST
Legend
Planning Area
Fayetteville City Limits
Building Footprint
W
Q
W
J
0
O 11
C
Subject Property
VAC-20-000004
EXHIBIT 'A'
PIKE ST
0
v
w
J
w
J
Q
Q
o
Z
Q
J _
2
2
RS[ -1
1
-a
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�PROSPEC� S�
Feet
0 75 150 300 450 600
1 inch = 200 feet
RNII -2
NORTH
RSF-4
RM F-24
Residential -Office
P-1
VAC-2020-000004
EXHIBIT 'B"
AREA OF ALLEY TO BE VACATED
ALL OF A FIFTEEN (15) FOOT WIDE NORTH -SOUTH ALLEYWAY LYING BETWEEN LOTS NUMBERED
ONE (1) THROUGH FIVE (5), INCLUSIVE, AND LOTS NUMBERED SIX (6) THROUGH TEN (10),
INCLUSIVE, IN BLOCK NUMBERED TWO (2) AND A PORTION OF A TWENTY (20) FOOT WIDE
EAST -WEST ALLEYWAY LYING BETWEEN BLOCKS NUMBERED TWO (2) AND THREE (3), ALL IN A. L.
TRENT'S REVISED PLAT OF CITY PARK ADDITION, FAYETTEVILLE, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT
NUMBERED ONE (1) IN BLOCK NUMBERED TWO (2) OF SAID A. L. TRENT'S REVISED PLAT OF CITY
PARK ADDITION; THENCE S89'12'37"E 15.00 FEET TO THE NORTHWEST CORNER OF LOT
NUMBERED TEN (10) OF SAID BLOCK TWO (2); THENCE S00'33'40"W 374.57 FEET TO AN
EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF LOT NUMBERED SIX (6) OF SAID BLOCK
TWO (2); THENCE N89'47'59"W 4.97 FEET TO AN EXISTING IRON REBAR; THENCE S00'47'02"W
19.96 FEET TO AN EXISTING IRON REBAR ON THE NORTH BOUNDARY OF SAID BLOCK THREE (3);
THENCE N89'20'27"W 160.25 FEET ALONG THE NORTH LINE OF SAID BLOCK THREE (3) TO A SET
1/2" IRON REBAR AT THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST; THENCE SOUTHWESTERLY 31.34 FEET ALONG SAID CURVE, THE CHORD FOR WHICH
BEING S45'32'38"W 28.23 FEET, TO A POINT ON THE WEST LINE OF SAID BLOCK THREE (3);
THENCE N00'25'42"E 40.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK NUMBERED TWO
(2); THENCE S89'20'50"E 170.00 FEET TO AN EXISTING IRON PIPE AT THE SOUTHEAST CORNER
OF LOT NUMBERED FIVE (5) IN SAID BLOCK TWO (2); THENCE N00'36'53"E 374.59 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.215 ACRES (9376.6 SQUARE FEET), MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
11/30/2020 03:42:20 PM
and recorded in Real Estate
File Number 2020-00043743
Kyle Sylvester - Circuit Clerk
by T: �—
City of Fayetteville, Arkansas 113 West Mountain Street
y- \ Fayetteville, AR 72701
(479) 575-8323
x i Text File
- File Number: 2020-0948
Agenda Date: 11/17/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.2
VAC 2020-004 (800 BLOCK OF N. PARK AVE./PARK AVE. ALLEY):
AN ORDINANCE TO APPROVE VAC 20-004 FOR PROPERTY LOCATED IN THE 800 BLOCK OF
NORTH PARK AVENUE TO VACATE A PORTION OF ALLEY 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 alley 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 alley
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. An easement shall be retained in place of the right-of-way for the length of the alley dedicated with
A.L. Trent's revised plat of the City Park Addition (lots 1-10, block 2 and lots 1-3, block 3).
City of Fayetteville, Arkansas Page 1 Printed on 1111812020
City of Fayetteville Staff Review Form
2020-0948
Legistar File ID
11/17/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 10/30/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 2020-000004: Vacation (800 BLOCK OF N. PARK AVE./PARK AVE. ALLEY, 445):
Submitted by TAMMY SMITH for property located at the 800 BLOCK OF N. PARK AVE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.22 acres. The request is to vacate a
portion of the alley right-of-way.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
I$ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 17, 2020
TO: Mayor; Fayetteville City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Ryan Umberger, Planner
DATE: October 30, 2020
SUBJECT: VAC-2020-000004: Vacation (800 BLOCK OF N. PARK AVEJPARK
AVE. ALLEY, 445): Submitted by TAMMY SMITH for property located at
the 800 BLOCK OF N. PARK AVE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 0.22 acres. The request is to vacate a portion of the alley
right-of-way.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits 'A' and 'B' and with the following
conditions of approval:
1. An easement shall be retained, replacing the right-of-way for the length of the alley
dedicated with A.L. Trent's revised plat of the City Park Addition (lots 1-10, block 2 and
lots 1-3, block 3).
1. Any damage or relocation of existing facilities will be at the applicant's expense; and
BACKGROUND:
The subject property includes approximately 0.22 acres of existing City of Fayetteville right-of-
way in the Wilson Park neighborhood on the block bordered by N. Woolsey Ave., W. Cleburn St.,
N. Park Ave., and W. Prospect St. The land was dedicated as right-of-way with A.L. Trent's
revised plat of the City Park Addition (lots 1-10, block 2 and lots 1-3, block 3) plat in 1923. The
subject area is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre.
Proposal: The applicant is requesting vacation of a 15-foot wide segment of alley right-of-way
between lots 1-10 on block 2 and a 20-foot wide segment of right-of-way between lots 1-3 on
block 3 and lot 5 on block 2. The subject area has been incorporated into the yards of the abutting
property owners with mature trees, fences, and other permanent structures presently residing
within the boundary of the right-of-way. The eastern portion of the 20-foot alley right-of-way to
which the subject right-of-way connects was vacated under Ordinance 1088 in 1955.
DISCUSSION:
At the October 26, 2020 Planning Commission meeting, this item was forwarded to City Council
with a recommendation for approval, with conditions, as recommended by staff. Commissioner
Paxton made the motion and Commissioner Garlock provided a second. The subsequent vote
was 5-3-0. Commissioner Sharp suggested he is typically in favor of alleys, but in this situation, it
would do more damage to the feel and character of the neighborhood to clear trees to put in
driveways. Commissioners Brown, Johnson, and Winston were the dissenting votes. Those
opposed to the motion discussed the value of maintaining paper alleys as a tool to make
subdivisions more livable. Commissioner Brown noted the benefit of alleys to serve as a buffer
between properties serving diverse uses.
Although staff is reluctant to support requests to abandon alley right-of-way and the associated
opportunity for future rear -loaded development, historic aerial imagery suggests the subject right-
of-way has never been utilized to access adjoining properties.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC-2020-000004 Park Ave. Alley VAC-20-000004
Close Up View EXHIBIT 'A'
PIKE ST
ADAMS ST
v
w w
CLEBURN ST J a
I Q o
w Z
Q Q
} J
W =
cn �
J =
0 RLS -J
0
Subject Property
-v
PROSPECT-ST �
m
I,_ 1
PROSPECT S�
RMF-z•
NORTH
RSF-4
Legend RMF-24
Feet Residential -Office
Planning Area
Fayetteville City Limits 0 75 150 300 450 600 P-1
Building Footprint 1 inch = 200 feet
VAC-2020-000004
EXHIBIT 'B"
AREA OF ALLEY TO BE VACATED
ALL OF A FIFTEEN (15) FOOT WIDE NORTH -SOUTH ALLEYWAY LYING BETWEEN LOTS NUMBERED
ONE (1) THROUGH FIVE (5), INCLUSIVE, AND LOTS NUMBERED SIX (6) THROUGH TEN (10),
INCLUSIVE, IN BLOCK NUMBERED TWO (2) AND A PORTION OF A TWENTY (20) FOOT WIDE
EAST -WEST ALLEYWAY LYING BETWEEN BLOCKS NUMBERED TWO (2) AND THREE (3), ALL IN A. L.
TRENT'S REVISED PLAT OF CITY PARK ADDITION, FAYETTEVILLE, ARKANSAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT
NUMBERED ONE (1) IN BLOCK NUMBERED TWO (2) OF SAID A. L. TRENT'S REVISED PLAT OF CITY
PARK ADDITION; THENCE S89'12'37"E 15.00 FEET TO THE NORTHWEST CORNER OF LOT
NUMBERED TEN (10) OF SAID BLOCK TWO (2); THENCE S00'33'40"W 374.57 FEET TO AN
EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF LOT NUMBERED SIX (6) OF SAID BLOCK
TWO (2); THENCE N89'47'59"W 4.97 FEET TO AN EXISTING IRON REBAR; THENCE S00'47'02"W
19.96 FEET TO AN EXISTING IRON REBAR ON THE NORTH BOUNDARY OF SAID BLOCK THREE (3);
THENCE N89'20'27"W 160.25 FEET ALONG THE NORTH LINE OF SAID BLOCK THREE (3) TO A SET
1/2" IRON REBAR AT THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST; THENCE SOUTHWESTERLY 31.34 FEET ALONG SAID CURVE, THE CHORD FOR WHICH
BEING S45'32'38"W 28.23 FEET, TO A POINT ON THE WEST LINE OF SAID BLOCK THREE (3);
THENCE N00'25'42"E 40.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK NUMBERED TWO
(2); THENCE S89'20'50"E 170.00 FEET TO AN EXISTING IRON PIPE AT THE SOUTHEAST CORNER
OF LOT NUMBERED FIVE (5) IN SAID BLOCK TWO (2); THENCE N00'36'53"E 374.59 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.215 ACRES (9376.6 SQUARE FEET), MORE OR LESS.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Ryan Umberger, Planner
MEETING DATE: October 26, 2020 (Updated with Planning Commission Results)
SUBJECT: VAC-2020-000004: Vacation (800 BLOCK OF N. PARK AVE./PARK
AVE. ALLEY, 445): Submitted by TAMMY SMITH for property located at
the 800 BLOCK OF N. PARK AVE. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains
approximately 0.22 acres. The request is to vacate a portion of the alley
right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2020-000004 to the City Council with a recommendation of
approval with conditions based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC-2020-000004 to the City Council with a recommendation for approval
with the conditions recommended by staff."
BACKGROUND:
The subject property includes approximately 0.22 acres of existing City of Fayetteville right-of-
way in the City Park neighborhood on the block bordered by Woolsey Ave., W. Cleburn St., N.
Park Ave., and Prospect St. The land was dedicated as right-of-way with A.L. Trent's revised plat
of the City Park Addition (lots 1-10, block 2 and lots 1-3, block 3) plat in 1923. Surrounding land
use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zonino
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
Single-family
Residential
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 is requesting vacation of a 15-foot wide segment of right-of-way between
lots 1-10 on block 2 and a 20-foot wide segment of right-of-way between lots 1-3 on block 3 and
lot 5 on block 2. The subject area has been incorporated into the yards of the abutting property
owners with mature trees, fences, and other permanent structures presently residing within the
boundary of the right-of-way. Although staff is reluctant to support requests to abandon alley right-
of-way and the associated opportunity for future rear -loaded development, historic aerial imagery
suggests the subject right-of-way has never been utilized to access adjoining properties.
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 1 of 21
Additionally, the eastern portion of the 20-foot alley right-of-way in to which the subject right-of-
way connects was vacated under Ordinance 1088 in 1955.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses:
Utili Response
Cox Communications No objections but commented that any
damage or relocation of existing Cox
facilities will be at the applicants' expense.
AEP/SWEPCO No objections but is requesting a portion be
retained as a utility easement for existing
electric facilities.
BlackHills Energy AR No objections but is requesting a 10-foot
portion be reserved as a utility easement to
include the 2-inch gas distribution line
traversing the length of the alley between
Lots 1-10, Block 2 in A.L. Trent's Revised
Plat of City Park Addition, Washington
County, AR.
AT&T No objections but commented that if any
AT&T facilities are required to be relocated
or are damaged due to the vacation, repair
or replacement will be the responsibility of
the property owner/developer.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections but commented requesting a
utility easement be retained between Lots 1-
10, Block 2, A.L. Trent's Revised Plat of City
Park Addition. Existing public mains currently
reside in portions of the alley right-of-way.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment:
Staff has received no public comment.
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 2 of 21
RECOMMENDATION: Staff recommends forwarding VAC-2020-000004 to the City Council with
a recommendation for approval subject to the following condition:
Conditions of Approval:
1. An easement shall be retained, replacing the right-of-way for the length of the alley
dedicated with A.L. Trent's revised plat of the City Park Addition (lots 1-10, block 2 and
lots 1-3, block 3).
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: October 26, 2020 O Tabled H Forwarded
Motion: Paxton
: Garlock
: 5-3-0
BUDGET/STAFF IMPACT:
None
As recommended by staff,
recommending approval
Attachments:
• Request Letter
• Petition to Vacate
• Adjoining Property Owner Approval
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
O Denied
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 3 of 21
September 4, 2020
Dear City of Fayetteville Planning Commission and City Council,
The residents listed below are interested in having an alley between N. Park Avenue and
Woolsey Ave vacated. For the last 25 (or more) years this area has been incorporated into
yards. Most of us have fences in the middle of the alley along with mature trees. At a recent
neighborhood gathering the various residents that border the alley discussed pursuing a
vacation, and we have joined together to present this application.
Thanks for your attention,
Tammy and Tom Smith
John and Nancy Borbas
David and Laura Jackson
Britt and Meredith Mahan
David Russell
Debra Sellers
Victoria McClendon
Steve and Karla Caraway
Susan Kent
David and Samantha Fish
Peter and Beth Roe
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 4 of 21
Petition to Vacate
PETITION TO VACATE AN ALLEY LOCATED IN AL Trents revised plat of City Park (lots 1-
10, block 2 and lots 1-3 block 3), 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 alley hereinafter sought to be abandoned
and vacated, lying in A.L. Trent's revised plat of City Park (lots 1-10, block 2 and lots 1-3, block 3), City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows:
All of a fifteen (15) foot wide north -south alleyway lying between lots numbered one (1) through five (5), inclusive,
and lots numbered six (6) through ten (10), inclusive, in block numbered two (2) and a portion of a twenty (20) foot
wide east -west alleyway lying between blocks numbered two (2) and three (3), all in A. L. Trent's revised plat of
City Park Addition, Fayetteville, Arkansas, and being more particularly described as follows: beginning at the
northeast corner of lot numbered one (1) in block numbered two (2) of said A. L. Trent's revised plat of City Park
Addition; thence S89° 12'3T'E 15.00 feet to the northwest comer of lot numbered ten (10) of said block two (2);
thence S00°33'40"W 374.57 feet to an existing iron rebar at the southwest comer of lot numbered six (6) of said
block two (2), thence N89047'59"W 4.97 feet to an existing iron rebar; thence S00147'02"W 19.96 feet to an
existing iron rebar on the north boundary of said block three (3); thence N89°20'2T'W 160.25 feet along the north
line of said block (3) to a set 1/2" iron rebar at the beginning of a 20.00 foot radius curve concave to the southeast;
thence southwesterly 31.34 feet along said curve, the chord for which being S45°32'38"W 28.23 feet, to a point on
the west line of said block three (3); thence N00025'42"E 40.00 feet to the southwest corner of said block numbered
two (2);, thence S89'20'50"E 170 feet to an existing iron pipe at the southeast comer of lot numbered five (5) in
said block two (2); thence N00°36'53"E 374.59 feet to the point of beginning, containing 0.215 acres (9376.6 square
feet), more or less.
That the abutting real estate affected by said abandonment of the alley are lots 1-10, block 2 and lots 1-3, block 3 of
A.L. Trent's revised plat of City Park, 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 the above
described alley.
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 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 and sewer easements, 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 alley.
Dated this 20 day of October, 2020
Printed Name: Tamara G. Smith
Signature _____. tl__ Q 0 -
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 5 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT. OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 11- a 'f r 1
Address / location of vacation:
l- 3
Adjacent property address: 921101
Lot: t 1 2— Block: a
REQUESTED VACATION:
A — A affeV
r �.s of -106
l � ,ct � Pic rk
Nnv�l �c�cH�� e � �Ji ! 6 Y i
Subdivision: hi Iken+s iC✓l -red f r P''( rk-
wf 7 fQP,
I have been notified of the petition to vacate the following (alley, eavement, right-of-way), described as follows:
(include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
�ave been notified of the requested vacation and decline to comment.
o not object to the vacation described above.
I do object to the requested vacation because:
Wi tic 1'6 W
Signature
Applicant
Ucrober 2019
Page 6
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 6 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
Date: / 1A q/-bl1
Address / location of vacatic
Adjacent property address:
Lot: _ 3 Block,
REQUESTED VACATION:
FOR RIGHT- OF. WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
3 in
Subdivision: AL T(enh Peeyi seze Xct f o P Clti �itrk 'T�"�
I have been notified of the petition to vacate the following (alley, eaeemerrt, right-of-way), described as follows:
(Include legal description and graphic representation of what is being vvacsted)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
�l I do not object to the vacation described above.
1 do object to the requested vacation because:
Project 7?Name
avrd aKol Sotma.+-If�a �'rs�
Name of t roperty prirrredj
1 a�� Q-)
Signi6rie of Adjacent Pr4erty Owner
Applicant Name
October 2019
Pater 6
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 7 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF. WAY, ALLEY. AND
EASEMENT VACATION REQUESTS
Date: I �)- - 1 -1 — ) J
Address I location of vacation:
Adjacent property address:
Lot: -- Block: a Subdivision:
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, eacemenr, right-of-way), described as follows:
(Inelmde legal descrlpdox and gWhlc represetrtadm of what is belttg vacated)
ADJACENT PROPER rY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
i
V I do not object to the vacation described above.
I do ohject to the requested vacation because:
Project Nara T
5itSa,st IQw f -reyr
Name7Adjacent Owner (printed)
Signature of Adjace Wo;74 Owner
Applicant Name
tkmArr :Ot 9
Page 6
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 8 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
Address / location of vacation:
Adjacent property address: f61,0
Lot: 5 Block: c;Z
REQUESTED VACATION:
FOR RIGHT- OF- WAV, ALLEY, AND
EASEMENT VACATION REQUESTS
Subdivision:
3 i,17
Rembs Ie✓ism as t of Cc y Ark-4W.
I have been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows:
(include legal description od grapblc representation of what is being vacwed)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to con meat.
'vim i do not object to the vacation described above.
i do object to the requested vacation because:
�Ste
Ve,8- � •�rl t�/�c(.( cn Ca ra �/a,t,�
(kioher 2019
pav b
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 9 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 11—:2l—c"1 �
Address Ilocation ofvacation: r rCoj• (— tiT" t
i i- 3 b(oGk 3 in
�L. H I re V l=-e rCa o C i PdI-IC-)
Adjacent property address: N • d1'
Lot: _ _ QQ Block: 2-. Subdivision: �L 1-,r L %Ci/1 S 9241 f o t u� fa rk d-ou .
REQUESTED VACATION:
1 have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows.
(include kgal description and graplNc representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
Ri I do not object to the vacation described above.
I do ohlect to the requested vacation because:
,6&7
Applicant Name
October 2019
Page 6
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 10 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF. WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: Z f — ( 7— /
Address / location of vacation:
Adjacent property address:
3 t block 3
Lot: _77 Block: .Z- Subdivision: 7-rCnt4 f G Uf t,&t a(d f D Gt T/ Pat rk-.
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alle)4 easement, right -of --way), described as follows:
(Include legal description art graphic representation of wket Is being vw"rd)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
y" I do not object to the vacation described above.
I do object to the requested vacation because:
Project N
G. �av7 am -A (. a t�c.r o' �a�kso�l T►-+is f
Name o jacen Pro Own r (prtnted) Si re of Adj Property Owner
Applicant Name
October 2019
Page 6
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 11 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: ' 1 ' , v , /
Address / location of vacation; l Qlr1*b_.S0
Al, -r" rl
Adjacent property address: $ 2
Lot:. 9 Block: -2-
REQUESTED VACATION:
a pad -nor (.thy bark
Subdivision: AL lo-ryt s ayism DCacf a� t►[/ Park 4v .
1 have been notified of the petition to vacate the following (alley, eatemenr, right-of-way), described as follows:
(Include legal description and graphic representation of what is bring vacated)
ADJACENT PROPERTY O'WWERS COMMENTS:
— I have been notified of the requested vacation and decline to comment.
1K I do not object to the vacation described above.
I do object to the requested vacation because:
Project Name
_'oIi o I. attca[ Nate e-i F. QorloecS
Name of Adjacen roperty O er (prinled)
Sftgnature of Adjacent Property Owner
Applicant Name
(ktoher 2019
Vine A
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 12 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL. FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: g4f rW( a, ZOZ c7
Address / location of vacation: 6 -rank u
Adjacent property address:
Lot: t , ty Block: 2--
REQUESTED VACATION:
14
rT�
PIKtt
I have been notified of the petition to vacate the following (alley, eaee►eent, right-of-way), described as follows:
(/ndyde legal descripdow and graphic representation of what k being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
1 have been notified of the requested vacation and decline to comment.
v 1 do not object to the vacation described above.
1 do object to the requested vacation because:
Project Name -FQH.•( a wt /Y.
Name of Adjacent Property Owner Iprinte /I
Signature of rdjacent"Property Owner
Applicant Name
Orrntwr 2019
Papa 6
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 13 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: 7� 2014'
Address! location of vacation: r r t , oG ch
�e to c-k 3
Adjacent property address: 4 (p Call. �'r aC lM c, �G(Cx r�G t j � �
Lot: Block: 3 Subdivision: &., u rtrCl//'sed e(-rf Dr G/-V ro(r- 444
REQUESTED VACATION.
I have been notified of the petition to vacate the following (alley, easement, right -of -wary), described as follows:
(Include legal description and graphic representation of what Is belxg vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described above.
1 do object to the requested vacation because:
P°VL c-ore a i3 rccvr s�orq� /I�t cl c12� o n
N e Property Owner (printed)
Signature of Adjacent Property OwneU
Applicant Name
Octoher 2019
page o
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 14 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Dace: Address / location of vacation. AYe�
I r-4b— f
Adjacent property address:
Lot: Z Block
REQUESTED VACATION.
,416 sts !- 0 ck o+SL 16-c4c
'It 0 [sect P o i 't ►✓K )
3 8 W Pras Pee 9fr 4- Fe,e -'/Z- 4R
3 Subdivision:
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
(/nclade legal descripdon aid grVA do repraewtatdow of what is bedwg vactted)
ADJACENT PROPERTY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
I do not object to the vacation described above.
I do object to the requested vacation because:
Project Name
Debra, A. Ceders RevocaLUo T'rLost
e of djacent Property Owner (printed)
A 4r
`Signature of Adjacent Property Owner
Applirant NAMP
S/i or My
Page 6
3 //)
Pdrk/7101.
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 15 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: )) • ) `�
Address! locatiun of vacation: O S00 '* l t!oh �� �o b�PC�C 2 t (a
Tilrt�t_rtl/('S� o�
Adjacent property address: 1-7 y VV S-r Me f ey1 LtLL flit
Lot: 3 Block: _3 Subdivision: ouL rr'C"+S reyl sea( 26a f o F C! -4y f le rk rl 00.
REQUESTED VACATION:
I have been notified of the petition to vacate the following (alley, easement, right -of --way), described as follows:
(lndude legal descripdon and graphic representadon of what is being vac&M)
ADJACENT PROPERTY OWNERS COMMENTS:
1 have been notified of the requested vacation and decline to comment.
iK I do not ubject to the vacation described above.
I do object to the requested vacation because:
Project Name
_ Pa ✓i d
Name of Adjacent Property 91ner (printed)
Signature of Adjacent Property Owner
Applicant Name
Ocroher 2019
Vane R
Planning Commission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 16 of 21
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION REQUESTS
Date: IT— l 1— 2 o Z o
Address / location of vacatic
Adja=t property addrecc:
tf7
LorE—L Block: Subdivision: &rk
REQUESTED VACATION:
I have been nodfled of the petition to vacate the following (alley, easement, right-of-way), described as follows:
(Include legal description and grapkic repre w lotion of whet is being vacated)
ADJACENT PROPERIY OWNERS COMMENTS:
I have been notified of the requested vacation and decline to comment.
/� I do not object to the vacation described above.
I do object to the requested vacation because:
cct Wamel I i� . �c� i ,• a-i one
Nam of Adjacent Property Owner (prr ted)
Sigdaturc of Adjacent Propc`!t Pwner
Applicant Name
Val 'V1S
Rag, o
�'— — — -- -- �ission
October 26, 2020
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 17 of 21
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WHICH NL ACCURATE TIRE SFARCI NAY OISCLOSE.
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THIS SURVEY IS YILO ONLY IF THE O G WCLUOED THE SEA N+C LEGEND
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THIS SURREY MEETS OR EYCEE05 TIE EURKERT 'Nm,W5A5 MIA,1V ® OD •
SANI MDS FOR PROPERTY BOL'MARY SLRVEYS AND PUTS' + R UE
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CONSIDERED AS RARE
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AREA 6 ALLEY TD BE VF.
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(15) (5). WIDE WORTS -SOOTS ALLEYWAY
LYING
BETWEEN LOTS NUMBERED
ONE (1) THROUGH FIVE (5), ED TWO ( AND 1A15 PORTION
OF SIX EN THROUGH TEN (10),
EAST -WEST
IN BLOCK NUMBERED TWO (2) AND A PORTION TWO
A TWENTY THREE
FOOT WIDE
EAST -WEST ALLEYWAY LYING BETWEEN BLACKS NUMBERED TWO RK NA THREE (3), ALL IN A L
TRENYS TENSED PUT OF CITY PARK : BEGINNING
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NUMBEREDPARTICULARLYO DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT
PARR ADD ONE (1) N BLOCK NUMBERED TWO (2) OF END R L THE COO REVISED PUT OF CRY
PARK ADDITION; THENCE SAID '37E ISAO FEET E ME NORTHWEST CORNER ET LOT
NUMBERED TEN (10) aE SAID BLOCK Two (2); THENCE LOT
NUMBERED
SIX( FEET TO AN
E%ISTNG IRON REBAR
AT THE SOUTHAME CORNER OF LOT NUMBERED 51% (8) OF SNO BLOCK
TWO (2); THENCE NBS47'59^N 4.97 FEET TO AN USRNG IRON REBAR; THENCE S0047'021W
1996.FEET TO AN EXISTING IRON REBAR ON THE NORTH BOUNDARY OF SAID BLOCK THREE (3);
T04CE N89'20'27V 160.25 FEET ALONG THE NORTH LINE OF SAID BLOCK THREE (3) TO A SET
1/2- NON REBM AT THE BEGINNING OF A 20.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST; THENCE SOUTHWESTERLY 31.34 FEET ALONG SAID CURVE, THE CHORD FOR WHICH
BEING S45-32-38-W 28.23 FEET, TO A POINT ON THE WEST UNE OF SAID BLOCK THREE (3);
THENCE N00'25'42•E 40.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK NUMBERED TWO
(2); THQME S89'20'50Ti 170.00 FEET TO AN EXISTING IRON PIPE AT THE SOUTHEAST CORNER
OF LOT NUMBERED FIVE (5) IN SAID BLACK TWO (2); THENCE NW36.53-E 374.59 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.215 ACRES (9376.6 SQUARE FEET), MORE OR LESS.
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REVISIONS
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DATE DESCRIPTION BY
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ALLEY VACATION SURVEY
a
LOTS 1-10, BLOCK 2, h LOTS 1-3, BLOCK 3, A.L. TRENT'S REVISEO
PUT OF CITY PARK
FAYETTEVILLE. ARKANSAS
ALLEY VACATION-A.L. TRENT'S CITY PARK ADDITION
ig Commission
:tober 26, 2020
Agenda Item 6
Park Ave. Alley
Page 18 of 21
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 19 of 21
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 20 of 21
Agenda Item 6
VAC 20-000004 Park Ave. Alley
Page 21 of 21
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Meredith L Mahan
Address or Ward* Address
Ward
Locate Your Ward Number
Address* 803 North Park Avenue
Phone Number 4798414410
Email meredith.mahan@mana.md
Meeting Body* City Council
Agenda Item VAC-2020-000004 Vacation
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position In Favor
Comments Dear City Council Members and Mayor Jordan,
am happy to echo the City Planning Commission's recommendation for an
ordinance to vacate the alley located in the 800 block of North Park Avenue that was
dedicated in A. L. Trent's revised plat of the City Park Addition in 1923 involving lots
1-10, block 2 and lots 1-3 block 3.
This is a good recommendation. The alley has not been utilized for decades. if ever.
This land has historically become an organic natural extension of the adjacent
properties. and offers privacy and protection for these homes. There are numerous
old. mature trees in this alley, as well as some permanent structures. The ordinance
to vacate the alley will allow this small urban forested area to endure.
In 1955, the eastern alley behind lots 3-5 of block 3 was vacated the current
proposal would complement this previous ordinance. The neighborhood consists of
long-established homes. all but 2 of which were built prior to 1946. All properties
have good access and off-street parking. not requiring any alley access.
The alley behind my property has dense plant growth and a large tree canopy. At
one end, there is a steep approximately rocky rise with large established trees at the
crest of the rise, irregular rocks and a very old shallow rock structure that appears
to have been placed there in the early years of this land development. Altering or
paving this area would cause significant harm to the land and to existing trees and
foliage.
The land from North Street extending south to Prospect Street and Wilson Park
slopes downward. The undisturbed trees, foliage.. and contours of the terrain in this
alley prevent erosion and flooding. During rainfall. there is significant water flow
downhill. A change to an impervious road surface and development in this alley
would increase the volume of damaging water run-off into yards. and on into Wilson
Park and the Illinois River watershed.
The natural setting of this land enhances the value and substance of the entire
surrounding neighborhood. I am pleased to support the vacating of this alley.
protecting this natural, historic. and beautiful niche in Fayetteville.
Sincerely.
Meredith Mahan
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed tor all member; ol' the audience
vvho have signed up prior to the beginning of the agenda item thc� wish to address being opened fur public
comment. Speakers shall he limited to a mamun Sll of Five (5) minutes to be broken into segments ofthree and two
minutes. Amendments may, receive public comments only ifapproved by the City Council b) unanimous consent rn
majority vote. If Public comment is allowed tier an amendment, speakers will on],, be allowed to speak tier three (3)
minutes. The City Council may allow hoth a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public. all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor. must immediately cease speaking and shall leave the podium.
Enter the text you want this field to display
NORTHWF_ST ARKANSAS Ordinance: 6379
File Number: 2020 0948
mOCraz Gaze*
VAC 2020 004(800 BLOCK OF N.
r 'fit PARK AVE./PARK AVE.ALLEY):.
AN ORDINANCE TO APPROVE
P.0 2Cj 1EO7,=i1YE) EViLLE.AP 727C2•479-442-1'OC•FAx.479-59E-IrE• \WA^C COM VAC 20 004 FOR PROPERTY
LOCATED IN THE 800 BLOCK OF
NORTH PARK AVENUE TO
VACATE A PORTION OF ALLEY
RIGHT OF WAY
AFFIDAVIT OF PUBLICATION WHEREAS,the City Council has the
authority under A.C.A.§14 54 104 to
vacate public grounds or portions thereof
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the which and required for corporate
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and WHEREAS,the City Council has
published in said County, State of Arkansas; that I was so related to this determined alley rightthe fo fway is described
portion of of way not
publication at and during the publication of the annexed legal advertisement required for corporate purposes.
the matter of: Notice pending in the Court, in said County, and at the dates of NOW,THEREFORE, E IT C
ORDAINED BY THE CITY COUNCIL
the several publications of said advertisement stated below,and that during said OF THE CITY OF FAYETTEVILLE,
nnewspaper was ods and at said dates, said printedanda fi hadbonade ARtion I That Section I: That the City Council of the
circulation in said County;that said newspaper had been regularly printed and City of Fayetteville,Arkansas hereby
published in said County, and had a bona fide circulation therein for theperiod of descnbtcs a pn Exhibit
laf theay as
described in Exhibit B attached to the
one month before the date of the first publication of said advertisement; and that Planning Department's memo.
Secsaid advertisement waspublished in the regular dailyissues of said newspaper my cer i A copy of this Ordinance
gduly certified by the City Clerk along
as stated below, with the map attached as Exhibit A to
the Planning Department's memo shall
be filed in the office of the Washington
City of Fayetteville County Circuit Clerk.
Ord 6379 Section 3: This vacation approval is
subject to the following conditions:
I. Any relocation of or damage to
existing utilities or existing facilities
Was inserted in the Regular Edition on:
shall be at the owner/developer's
November 22, 2020 expense;
2. An easement shall be retained in
place of the right of way for the length
Publication Charges: $115.52 of the alley dedicated with A.L.Trent's
revised plat of the City Park Addition
(lots 1 10,block 2 and lots 1 3,block 3).
PASSED and APPROVED on
11/17/2020
Approved:
Brittany Smith Lioneld Jordan,Mayor
Attest:
Kara Paxton,City Clerk
Treasurer
Subscribed and sworn to before me 75349799 Nov 22,2020
This 24 day of NOV , 2020.
;,•$;1' ., CATHERINE STAGGS
,;NOTOP ; MY COMMISSION it 12402772
1.� uc}/ EXPIRES:February 28,2025
_4,,rii rr Washington County
Notary Public ,r .4
My Commission Expires: 74/6I ZOZ
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
