HomeMy WebLinkAboutOrdinance 6411;�� IIIIIIIIIIIIIIIIIIIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllll
Doc ID: 019728460004 Type: REL
Kind: ORDINANCE
Recorded: 02/25/2021 at 12:35:48 PM
Fee Amt: $30.00 Pape i of 4
�. Washington County, AR
Kyle Sylvester Circuit Clerk
113 West Mountain Street File2021_00006981
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6411 ARCH I V E D
File Number: 2021-0037
VAC 2020-011 (345 S. COMBS/COMBS AVE. ROW):
AN ORDINANCE TO APPROVE VAC 20-011 FOR PROPERTY LOCATED AT 345 SOUTH
COMBS 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 condition that any relocation of or damage to
existing utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED on 2/2/2021
Page 1 Printed on 213121
Ordinance: 6411
File Number: 2021-0037
A nnrnvPrl
Attest:
���, • O T Y
;A
Kara Paxton, City Clerk Treasurer AYEnEVQLE:
v
dJN
j0 iw► ►N�``
Page 2 Printed on 2/3/21
VAC-2020-000011 Sampson VAC-2020-000011
Close Up View EXHIBIT 'A'
RSF-8
SOUTH L RN1F-2; WA, ER
ST RSF-18 I
� . W; ti
w
Q
w
a
W
J
..I
O
U
`°MARTIN L
Hillside -Hilltop Overlay District
- Planning Area
L — Fayetteville City Limits
-_..I Design Overlay District
Building Footprint
Neighborhood Link
Urban Center
Subject Property
Feet
0 55 110 220 330
1 inch = 150 feet
RSF-8
RSF-18
RW
IMI RMF-24
Downtown General
440
M Neighborhood Conservation
VAC-2020-000011
EXHIBIT 'B'
10' ALLEY TO BE VACATED LEGAL DESCRIPTION
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND
RUNNING NO2°17'05"W 1049.94', N90'00'00"E 418.17' AND S28-59'40"W 77.67, TO THE
TRUE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN, AND RUNNING
THENCE S59'47'04"E 165.46', THENCE S25°17'00"W 5.48, THENCE N79°37'00"W 13.38',
THENCE N59°47'04"W 166.30', THENCE N82-34'00"E 16.37' TO THE POINT OF BEGINNING,
CONTAINING IN ALL 0.04 ACRES OR 1,694.21 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
02/25/2021 12:35:48 PM
and recorded in Real Estate
File Number 2021-00006981
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2021-0037
Agenda Date: 2/16/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.7
VAC 2020-011 (345 S. COMBS/COMBS AVE. ROW):
AN ORDINANCE TO APPROVE VAC 20-01 1 FOR PROPERTY LOCATED AT 345 SOUTH COMBS
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 condition that any relocation of or damage to existing
utilities or existing facilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 2/3/2021
l
City of Fayetteville Staff Review Form
2021-0037
Legistar File ID
2/2/2021
City Council Meeting Date Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 1/15/2021 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 20-000011: Vacation (345 S. COMBS AVE./COMBS AVE. R-O-W, 524): Submitted by JULIA SAMPSON for property
located at 345 S. COMBS AVE. The public street right-of-way contains approximately 0.04 acres. The request is to
vacate a portion of the street 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
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
9Q FAYETTEVILLE
4V ARKANSAS
MEETING OF FEBRUARY 2, 2021
TO: Mayor; Fayetteville City Council
Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: January 15, 2021
CITY COUNCIL MEMO
SUBJECT: VAC 20-000011: Vacation (345 S. COMBS AVE./COMBS AVE. R-O-W, 524):
Submitted by JULIA SAMPSON for property located at 345 S. COMBS AVE. The
public street right-of-way contains approximately 0.04 acres. The request is to
vacate a portion of the street right-of-way.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of VAC 2020-011 as shown in the
attached Exhibits 'A' and 'B' and with the following condition of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property includes 0.04 acres of unbuilt right-of-way at the northwest corner of
Combs Avenue and 41h Street. County records indicate that the right-of-way was dedicated with
the Combs Addition plat in 1888 (attached). Despite its narrow width, it is unclear whether the
right-of-way was intended for street or alley use. It was not until the mid-1900s that 41h Street's
connection between Willow and Washington was completed to the south, consuming most of
Lot-17 of Combs Addition. No private or public development has occurred within the right-of-way
and it exists on fairly level terrain that overlaps floodplain of the Spout Spring Branch along its
western extent.
Request: The applicant proposes to vacate approximately 160 linear feet of public right-of-way,
totaling 0.04 acres and as indicated in the attached exhibit and maps.
Staff supports the request for three primary reasons. First, the subject right-of-way's dedication
predates much of the existing street network, particularly 41h Street's connection between Willow
and Washington in the 1960s-70s. These connections have rendered the right-of-way largely
redundant. Second, the right-of-way serves as an obstacle to development of the applicant's
property rather than a public asset or compliment to development. While a not insignificant 1/3rd
of an acre lies north of the subject right-of-way, less than 1/10'h lies south of it and includes a
shape that is adverse to development. Staff's third major reason for support is the right-of-way's
layout as it relates to natural features. As with many alley and street rights -of -way dedicated in
Walker Park, these were not completed due to existing streams and creeks. The challenges to
constructing these crossings has only increased with additional regulations since 1888, including
adoption of Fayetteville's Streamside Protection Ordinance and designation of 100-year
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
floodplain along the Spout Spring Branch. Cumulatively, staff finds the aforementioned issues to
justify vacation and recommends in favor of the applicant's request.
Additionally, the applicant, has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses. Adjacent property
owner consent is also required for vacation and has been provided.
DISCUSSION:
At the January 11, 2021 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval and the condition as
recommended by staff. No public comment was received at or in advance of the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
PA
VAC-2020-000011 Sampson VAC-2020-000011
Close Up View EXHIBIT 'A'
RSF-8
S0_J!It! it MRMF�-24
WgLKER
TRSF-18 X ,RD
4TH
W
a
W
J
O
V
MARTIN LUTHER KI
R BLVD
Hillside -Hilltop Overlay District
Planning Area
t — r Fayetteville City Limits
I Design Overlay District
Building Footprint
Neighbonccod Link
Urban Center
Feet
0 55 110 220 330
1 inch = 150 feet
A&
NORTH
RSF-8
RSF-18
M RW
RMF-24
Downtown General
440
M Neighborhood Conservation
VAC-2020-000011
EXHIBIT 'B'
M ALLEY TO BE VACATED LEGAL DESCRIPTION
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SAID FORTY ACRE TRACT, AND
RUNNING NO2°17'05"W'1049.94', N90°00'00"E 418.17' AND S28°59'40"W 77.67, TO THE
TRUE POINT OF BEGINNING, SAID POINT BEING A FOUND IRON PIN, AND RUNNING
THENCE S59'47'04"E 165.46', THENCE S25°17'00"W 5.48, THENCE N79-37'00"W 13.38',
THENCE N59°47'04"W 166.30', THENCE N82-34'00"E 16.37' TO THE POINT OF BEGINNING,
CONTAINING IN ALL 0.04 ACRES OR 1,694.21 SQUARE FEET, MORE OR LESS.
QCITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: January 11, 2021 (Updated with Planning Commission Results)
SUBJECT: VAC 20-000011: Vacation (345 S. COMBS AVE./COMBS AVE. R-O-W,
524): Submitted by JULIA SAMPSON for property located at 345 S.
COMBS AVE. The public street right-of-way contains approximately 0.04
acres. The request is to vacate a portion of the street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2020-000011 to City Council, with a condition.
RECOMMENDED MOTION:
"I move to forward VAC-2020-000011 to City Council, recommending approval and with the
condition as recommended by staff."
BACKGROUND:
The subject property includes 0.04 acres of unbuilt right-of-way at the northwest corner of Combs
Avenue and 41h Street. County records indicate that the right-of-way was dedicated with the
Combs Addition plat in 1888 (attached). Despite its narrow width, it is unclear whether the right-
of-way was intended for street or alley use. It was not until the mid-1900s that 41h Street's
connection between Willow and Washington was completed to the south, consuming most of Lot
17 of Combs Addition. No private or public development has occurred within the right-of-way and
it exists on fairly level terrain that overlaps floodplain of the Spout Spring Branch along its western
extent. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction
Land Use
Zoning
North
Undeveloped
NC, Neighborhood Conservation
South
Undeveloped
NC, Neighborhood Conservation
East
Single-family Residential
NC, Neighborhood Conservation
West
I Single-family Residential
NC, Neighborhood Conservation
Proposal: The applicant proposes to vacate approximately 160 linear feet of public right-of-way,
totaling 0.04 acres and as indicated in the attached exhibit and maps.
DISCUSSION:
Staff supports the request for three primary reasons. First, the subject right-of-way's dedication
predates much of the existing street network, particularly 4th Street's connection between Willow
and Washington in the 1960s-70s. These connections have rendered the right-of-way largely
redundant. Second, the right-of-way serves as an obstacle to development of the applicant's
Planning Commission
January 11, 2021
Agenda Item 11
VAC 20-000011 (Combs Ave ROW)
Page 1 of 11
property rather than a public asset or compliment to development. While a not insignificant 1/3rd
of an acre lies north of the subject right-of-way, less than 1/10'h lies south of it and includes a
shape that is adverse to development. Staff's third major reason for support is the right-of-way's
layout as it relates to natural features. As with many alley and street rights -of -way dedicated in
Walker Park, these were not completed due to existing streams and creeks. The challenges to
constructing these crossings has only increased with additional regulations since 1888, including
adoption of Fayetteville's Streamside Protection Ordinance and designation of 100-year
floodplain along the Spout Spring Branch. Cumulatively, staff finds the aforementioned issues to
justify vacation and recommends in favor of the applicant's request.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses. Adjacent property
owner consent is also required for vacation and has been provided:
Utility Response
Cox Communications No objections and no comment.
AEP/SWEPCO No objections and no comment.
BlackHills Energy AR No objections and no comment.
AT&T No objections and no comment.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections, provided the area is retained as a water/sewer
easement.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC-2020-000011 to City Council
recommending approval with the following condition.
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
Planning Commission
January 11, 2021
Agenda Item 11
VAC 20-000011 (Combs Ave ROW)
Page 2 of 11
PLANNING COMMISSION ACTION: Required YES
Date: January 11, 2021 O Tabled ® Forwarded O Denied
Motion: Winston
Second: Belden
: 9-0-0, on the consent agenda
BUDGET/STAFF IMPACT:
None
Attachments:
• Request Letter
• Survey
• Combs Addition Plat
• Staff Exhibits
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
January 11, 2021
Agenda Item 11
VAC 20-000011 (Combs Ave ROM
Page 3 of 11
VAC-2020-000011
Request
Letter
Julia
R. Sampson
PO
Box
652 •
Fayetteville AR 72702-0652 • (479) 582-2858
30 November 2020
Greetings to the Members of the Planning Commission
I would like to build a small home & garage on my empty lot at 345 South Combs. I have owned the lot
for a number of years, and finally, it's time to build.
This very fine empty lot in south Fayetteville contains an alleyway, or right of way, for which I am
requesting a Vacation.
Property Address:
345 South Combs Avenue
Fayetteville, AR 72701
Sincerely
Julia R. Sampson
Home: (479) 582-2858
Email: irsampson123@yahoo.com
Planning Commission
January 11, 2021
Agenda Item 11
VAC 20-000011 (Combs Ave ROW)
Page 4 of 11
-M
=,11-
O
o-
i;in,igq 11, 202
Agenda Item 1
VAC 20-000011 (Combs Ave ROVE
(Page I of 1)
l'i )o ':'qi
r.
-7- V 0
CombsJ
-2020-000011 A AC
Addition Plat OUNTA
ALI
'L
C,
0 JA
7
Subject Property
with right-of-way
L. Z'
in-between I I I
Iry
t
J
C 0
Y'
41
Y I 1 0 .1
_ , -it
;;7I
.1 All 6.
VT.
L 11 , `i`,� 4�t�,x'���: •f'�.:•�,�;A�-}�.`jT'K#��'�V ��i ''��.; :�� 1 )+�,y'•.'. A E�f�f.f�'��9i�.q� �' ,)ff r�(,jy�j'•tjl :f!!'i�{����ySi���t` �a���; '�'• j ��}i.},•Lyi �' L q.
s. a,
Z!.a
2020
0
O
3
O'
(N
°7 D
co <
m m
-4 X
2,0
;9
VAC-2020-000011
Staff
Exhibits
Current extents of subject property
Subject right-of-way
Previous extents of Lot 17, Combs Addition
Current extents of subject property
Subject right-of-way
Previous extents of Lot 17, Combs Addition
zone A
4-230
A R L O I M ,d N I M A L
a
I l 0 0 1) I I A z A I{ l)
ta
9131863
a
�o
se
D I I
N 100-Year Floodplain Subject property Subject right-of-way
0
0
0
0
a
o =_ c
� (/1 3 O7 n
°1 > CL O
N 3
W 3
Do O N
5 j N O
J 0
Agenda Item 11
VAC 20-000011 (Ccmbs Ave ROVE
Page 9 of 11
VAC-2020-000011 Sampson
Close Up View
RSF-8
SOUTH i RMF-24 ` W/ I_KER
ST RSF-18 ( — RD
DG
1
MARTIN LUTHER KI
BLVD
Hillside -Hilltop Overlay District
- Planning Area
—-
L _ r Fayetteville City Lirrits
I Design Overlay District
Building Footprint
x= Neighborhood Link
Urban Center
Subject Property
Feet
0 55 110 220 330 440
1 inch = 150 feet
NORTH
RSF-8
R3F-18
®R-U
R M F-24
Downtown General
Neighborhood Conservation
Planning Colmission
aww y 11, 2021
Agenda Item 11
VAC 20-000011 (Combs Ave ROM
Page 10 of 11
on
�21
Agenda Item 11
VAC 20-000011 (Combs Ave ROW)
Page 11 of 11