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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 m �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 5a0 t — IF. CLEBURN STREET (ASMAT, . RAI LOTAL. RIE aiY oRE..go w aF AUY AL. Iv — — ETTr erm .ro. i C . 2 AL. T SS W.gSEO NAT OF I AL. oS PATS ADO. OF EO LOT I AL an vAw /m r OF j RI AL. cm vMst ApO. a • dos¢ Nl'A . AL TACITS OM1 PATS AM. OF AL TREr?S RENSEa HA, Ci j �F AL 9 H5 'S Rx; Maio �s TRDm; PAN1 ARo 765-03765-DDDUT G • UT 2y 170.00' PT. •m N5720'271W 160.25' — -- — -- - - a � a sits •x�n VICINITY MAP ENCEFITR K.4SHOYm SPECIF1Y STATED OR ON THIS PUT. 1MS SURREY DOES 0'THE FORT TT REFLEET ESfAN OF THE FO NG WHICH MAY BE APPLICABLE 0 EASEMENTS. OTHER THAN POSSIBLE EASEMENTS WHICH HERE VRIBLE M NE OT REST KTIERS OR EITHER LAM USE REGUUTIOH50: AND ANr OTHER SALTS WHICH NL ACCURATE TIRE SFARCI NAY OISCLOSE. O6BERS (1) PETER T. ROE A NARY EU2ABE,H AARHAN MARY EU}nBETH BANWN SANAMIMAOAWD FISH SUSW YK ENT REVOCieLE TRUST 5 S EVE E. CARATMY A —1WADEH EARANAY ((]TIE OUVII & RA RAYMOND BRIT KAHAL A EDTI L NNVN (140)TO MN uxYrSYM,H TRUST (( VICTORIA BRANSFIR uCG1£xDOn (Z THE TERRAASE SELLERS REVOKABLE TRUST 6WBE55: ENA.:.SI Y AVE . I FAR. AVE, A W. PROSPER ST YE,LMLLE, THIS SURVEY IS YILO ONLY IF THE O G WCLUOED THE SEA N+C LEGEND EGRATLRE OF TIE SURVEYOR. THIS SURREY MEETS OR EYCEE05 TIE EURKERT 'Nm,W5A5 MIA,1V ® OD • SANI MDS FOR PROPERTY BOL'MARY SLRVEYS AND PUTS' + R UE • SFP1% 0� AurxIXE DECLARATION IS MACE TO TIE OAIGIRA PURCHASER OF TIE SURVEY. a IS d ❑ SET SET AUMNA MaMMxT fK0 TRANSFERABLE TO ACCIFERA NSTOUTONS OR SUBSEQUENT OWNERS. m U6E Bm • A • sA • I. SET .1 SVI BSLRFACE AN NNENCO.—I RAEKAWMO RE HOT OORW90)'Y R p o SET �/E IRIN AEWW CONSIDERED AS RARE OF THIS SURREY. • p AREA 6 ALLEY TD BE VF. ON OF A THROUGH (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 G AT N. TH ANSAS. AND BEING MORE 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. o cac. MQNAFN o ■ ■ xT q W a ® B • ID • W w [R nR •ZOLL0 • n • • • 6 EWS1 = Ix O SMMMRI' S[WG uvWwT --- ----E.-UxEhR ----- - -- - ,U_K, SETBAQx UIE — — W UECTmc LAKc — — — ERGRounO ELEnMLIRE ♦ FE1xEFEME _._ R INIERVA — — — — Orp/MrER uxF EROEE LIRE REVISIONS A` a DATE DESCRIPTION BY ,♦\�' / \I T \ IOC/YI nm M. E. oR 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.