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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