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HomeMy WebLinkAboutOrdinance 6528Ordinance: 6528 File Number.- 2022-0029 PASSED and APPROVED on 2/1/2022 Attest: .7A • �� �'C i� Kara Paxton, City Clerk Treasurer wry. �ON NO Page 2 Printed on 212122 VAC-2021-000031 EXHIBIT W Treat Street ROW Vacation Legal Description: A 30.00 feet wide strip of land located south of Cato Springs Road and north of the Fulbright Expressway, in the NE% of Section 29, T-16-N, R-30-W, in the City of Fayetteville, AR, extending approximately 768 feet easterly from the easterly Right -of -Way line of Razorback Rd (Hwy 265), the centerline of which is more particularly described as follows: Beginning at a point on the easterly right- of-way line of Razorback Rd (Hwy 265) that is located 10 feet south and 114 feet east of the northwest corner of the SW% NE% of said Section 29; Thence easterly for 768 feet, more or less, to the point of termination on the easterly terminus of the Right -of -Way of Treat Street, containing 0.53 acres more or less. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0029 Agenda Date: 2/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.9 VAC-2021-031 (2480 W. TREAT ST./TREAT STREET RIGHT-OF-WAY): AN ORDINANCE TO APPROVE VAC 2021-031 FOR PROPERTY LOCATED AT 2480 WEST TREAT STREET 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 transportation 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 the portion of street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. A public utility easement is to be retained and dedicated over the entirety of the existing Treat Street right-of-way that is being vacated. 2. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 21212022 City of Fayetteville Staff Review Form 2022-0029 Legistar File ID 2/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 1/14/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2021-000031: Vacation (2480 W. TREAT ST./TREAT STREET RIGHT-OF-WAY 638): Submitted by DCI for right of way located along TREAT ST. The right of way contains approximately 033 acres. The request is to vacate the existing street right-of-way. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 1, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: January 14, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2021-000031: Vacation (2480 W. TREAT ST./TREAT STREET RIGHT-OF- WAY 638): Submitted by DCI for right of way located along TREAT ST. The right of way contains approximately 0.53 acres. The request is to vacate the existing street right-of-way. RECOMMENDATION: Staff recommends approval of VAC-2021-000031 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. An easement must be maintained along the former Treat Street for existing Cox facilities; 2. An existing 30-foot utility easement must be kept along the existing Ozark overhead lines; 3. A 20-foot water line easement is to be retained; 4. Any damage or relocation of existing facilities will be at the property owner/developer's expense. BACKGROUND: The subject property is located in South Fayetteville, just north of the interchange with the S. Fulbright Expressway, S. Razorback Road, and 1-49. The area includes approximately 0.53 acres of City of Fayetteville right-of-way (W. Treat Street) which is fully encompassed by University of Arkansas -held property. Request: The applicant proposes to vacate 0.53 acres of right-of-way (W. Treat Street), which is currently bisecting University of Arkansas property. The right-of-way is used for the purpose of access to two University -held single-family dwellings, which are planned for demolition. The University intends to redevelop the property as part of the implementation of the Fayetteville Traverse mountain bike trail and undertake a native habitat restoration on a portion of the property. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: At the January 10, 2022 Planning Commission meeting, this item was forwarded to City Council with a vote of 8-0-0, with a recommendation of approval and the conditions outlined at the beginning of this memo. The item was forwarded and voted on with the consent agenda. No public comment was received on the item. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC-2021-000031 Close Up View P-1 AS 5 i i i i i DOWELL DR TREAT sT Cato springs _ _ J_ Trail__ ���T'sO;FULeR/ RAM P 1 so F�LeR�Gyr. — Regional Link — Freeway/Expressway Hillside -Hilltop Overlay District ` Planning Area L — Fayetteville City Limits — — — Shared -Use Paved Trail — — — Trail (Proposed) I Design Overlay District Treat St. ROW CS Subject Property \ Feet 0 55 110 220 330 440 1 inch = 150 feet I-1 NORTH IL 1-1 Heavy Commercial and Light Industrial Urban Thoroughfare iiiiii■ Community Services iiiiii■ Neighborhood Services - Ltd. P-1 Treat Street ROW Vacation Legal Description: A 30.00 feet wide strip of land located south of Cato Springs Road and north of the Fulbright Expressway, in the NE% of Section 29, T-16-N, R-30-W, in the City of Fayetteville, AR, extending approximately 768 feet easterly from the easterly Right -of -Way line of Razorback Rd (Hwy 265), the centerline of which is more particularly described as follows: Beginning at a point on the easterly right- of-way line of Razorback Rd (Hwy 265) that is located 10 feet south and 114 feet east of the northwest corner of the SW% NE% of said Section 29; Thence easterly for 768 feet, more or less, to the point of termination on the easterly terminus of the Right -of -Way of Treat Street, containing 0.53 acres more or less. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: January 10, 2021 Updated with PC hearing results from 1/10/2022 SUBJECT: VAC-2021-000031: Vacation (2480 W. TREAT ST./TREAT STREET RIGHT-OF-WAY 638): Submitted by DCI for right of way located along TREAT ST. The right of way contains approximately 0.53 acres. The request is to vacate a portion of the street right of way. RECOMMENDATION: Staff recommends forwarding VAC-2021-000031 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: "I move to forward VAC-2021-000031 to City Council with a recommendation of approval, with conditions." BACKGROUND: The subject property is located in South Fayetteville, just north of the interchange with the S. Fulbright Expressway, S. Razorback Road, and 1-49. The area includes approximately 0.53 acres of City of Fayetteville right-of-way (W. Treat Street) which is fully encompassed by University of Arkansas -held property. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped(University of Arkansas CS, Community Services South Undeveloped (University of Arkansas/ CS, Community Services; UT, Urban Thoroughfare Cato Springs Trail East Single-family Residential UT, Urban Thoroughfare niversity of Arkansas West Undeveloped S. Razorback Road NS-L, Neighborhood Services, Limited Proposal: The applicant proposes to vacate 0.53 acres of right-of-way (W. Treat Street), which is currently bisecting University of Arkansas property. The right-of-way is used for the purpose of access to two University -held single-family dwellings, which are planned for demolition. The University intends to redevelop the property as part of the implementation of the Fayetteville Traverse mountain bike trail and undertake a native habitat restoration on a portion of the property. DISCUSSION: City of Fayetteville staff recommends in favor of the proposed right-of-way vacation. The right-of- way is no longer serving a purpose towards the creation of a compact, complete, and connected Planning Commission January 10, 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 1 of 9 neighborhood; being wholly encompassed by University of Arkansas property, the area is unlikely to be redeveloped into a full -service neighborhood, even given the surrounding zoning entitlements of CS, Community Services, and UT, Urban Thoroughfare. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses. As the petitioner and sole landowner adjacent to the subject right-of-way, adjacent property owner consent is not an applicable standard. Utility Response Cox Communications No objections, provided an easement is maintained along the former Treat Street for existing Cox facilities, and that any damage or relocation of any existing Cox facilities will be at the applicant's expense. AEP/SWEPCO No objections and no comment. Black Hills Energy AR After multiple attempts, the applicant was unable to obtain a response from Black Hills Energy. AT&T No objections and no comment. Ozarks Electric No objections provided that an existing 30-foot utility easement is kept along the existing Ozark overhead lines in the area. City of Fayetteville Response Water/Sewer No objections, provided 20-foot water line easement is to be retained. Solid Waste & Recycling No objections and no comment. Transportation No objections and no comment. Public Comment: Staff has not received any public comment regarding the request. RECOMMENDATION: Staff recommends forwarding VAC-2021-000031 with the following conditions: Conditions of Approval: 1. An easement must be maintained along the former Treat Street for existing Cox facilities. 2. A 30-foot utility easement must be kept along the existing Ozark overhead lines 3. A 20-foot water line easement is to be retained. 4. Any damage or relocation of existing facilities will be at the property owner/developer's expense. Planning Commission January 10, 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 2 of 9 PLANNING COMMISSION ACTION: jDate: January 10, 2022 O Tabled I Motion: Belden (Second: Sharp Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Applicant Request Letter • Applicant Petition to Vacate • Site Exhibit — ROW to be vacated • One Mile Map • Close-up Map • Current Land Use Map Required YES 0 Forwarded O Denied on consent agenda Planning Commission January 10, 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 3 of 9 Written request and narrative to accompany Treat Street Right -of -Way Vacation University of Arkansas, City of Fayetteville, Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission andthe Fayetteville City Council to vacate the entirety of the Treat Street Right -of -Way, as described below: A 30.00 feet wide strip of land located south of Cato Springs Road and north of the Fu[bright Expressway, in the NE'/A of Section 29, T-16-N, R-30-W, in the City of Fayetteville, AR, extending approximately 768 feet easterly from the easterly Right -of -Way line of Razorback Rd (Hwy 265). The University of Arkansas is the only abutting landowner to the said right-of-way sought to be vacated. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. A Utilities Easement will be retained for existing utilities that will need to remain within the said right-of-way. The public interest and welfare would not be adversely affected by granting this vacation request. The vacation of the said Treat Street right-of-way will remove a right-of-way that bisects a group of otherwise contiguous UA parcels. Treat Street begins at Razorback Road, is otherwise wholly surrounded by UA property, and terminates within UA property. The recent purpose of the right-of-way has been for vehicular access to old UA owned rent houses. However, UA plans to demolish the structures as part of the implementation of the Fayetteville Traverse mountain bike trail —a regionally -significant project funded by a private donor. Additionally, a native habitat restoration is underway on a portion of the UA property. Therefore, removing the right-of-way will not impact the public and will allow for the reduction of inadvertent vehicular traffic in proximity to the habitat. The vacation of the right-of-way described above would benefit the City of Fayetteville by removing this street from required city maintenance, repair, or replacement, thus saving the taxpayers and allowing money allocated for this purpose to be used where needed elsewhere. Included in the Petition Packet is: 1 Application and Payment of applicable fees for processing the application $205.00. 2 Legal description of areas to be vacated 3 Exhibit Maps 4 This Letter 5 Owner's consent 6 Authorization Letter 7 County Parcel Map Copies & Petition to Vacate ROW 9 Utility Company Comments 7. Allen ]ayYoung evelop Consul c. Planning Commission January 10, 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 4 of 9 PETITION TO VACATE THE TREAT STREET RIGHT-OF-WAY LOCATED IN THE NE'/. OF SECTION 29, T-I6-N, R-30-W, IN THE 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 street rights of way hereinafter sought to be abandoned/vacated, lying in the NE'/. of section 29, T-16-N, R-30-W, in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the street right-of-way which is described as follows: A 30.00 feet wide strip of land located south of Cato Springs Road and north of the Fulbright Expressway, in the NE'/< of Section 29, T-16-N, R-30-W, in the City of Fayetteville, AR, extending approximately 768 feet easterly from the easterly Right -of -Way line of Razorback Rd (Hwy 265). That the abutting real estate affected by said abandonment/vacation/reduction of the street rights of way are various tracts of land owned by the University of Arkansas in the City of Fayetteville, the rights of way are only being abandoned to the extents noted in the description above thus reducing the street rights of way and not eliminating them, that the affected streets will continue to have unaffected vehicular traffic, and that the public interest and welfare would not be adversely affected by the abandonment/vacation/reduction of portions of the above described street rights of way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to a utilities easement for the existing utilities that will need to remain, 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 a utilities easement for the existing utilities that will need to remain, 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 street right of way. Dated this 1 day of ❑-ec-r—,6er , 20 Z I . �� If r1 �� ! p ice•• q Printed Name Signature Planning Commission January 10, 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 5 of 9 Commission iary 10, 2022 enda Item 15 VAC 21-000031 Treat Street Page 6 of 9 Agenda Item 15 VAC 21-000031 Treat Street Page 7 of 9 VAC-2021-000031 Treat St. ROW Close Up View P-1 NS-L CS _ 1 1 -\ r 1 Subject Property DO ELL DR TREAT ST r + r 8 + s � r a! Cato Springs 1 + �_ Trail__ �X/T•gO;FULeR/ RAM P , so FULeR/Gyr. — Regional Link — Freeway/Expressway Hillside -Hilltop Overlay District r — L. � ` Planning Area r — — L — I Fayetteville City Limits Feet — — — Shared -Use Paved Trail — — —Trail (Proposed) 0 55 110 220 330 440 Design Overlay District 1 inch = 150 feet I-1 .I i NORTH 1-1 Heavy Commercial and Light Industrial Urban Thoroughfare IIIII� Community Services Neighborhood Services - Ltd. P-1 Planning Co mission 0, 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 8 of 9 ssion 2022 Agenda Item 15 VAC 21-000031 Treat Street Page 9 of 9 a Sk m Demoara a.zette R BC;k 1607, FAYEfTEViILE, AR 72702 - 473-4t2-170C • FAx 479-695.1118 - 'sNIN1'r.NWADi .CQM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6528 Was inserted in the Regular Edition on: February 6, 2022 Publication Charges: $120.08 Brittany Smith Subscribed and sworn to before me This —7 day of � , 2022. C w4 Notary Public ( My Commission Expires: L 2_u **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC—ARKANSAS My Commission Expires 02-20-2024 Commission No. 12397118 Ordinance:6528 File Number. 2022-0029 VAC-2021-031 (2480 W. TREAT ST./TREAT STREET RIGHT-OF- WAY): AN ORDINANCE TO APPROVE VAC 2021-031 FOR PROPERTY LOCATED AT 2490 WEST TREAT STREET 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 transportation 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 the portion of street right-of-way as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. A public utility easement is to be retained and dedicated over the entirety of the existing Treat Street right- of-way that is being vacated. 2. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. PASSED and APPROVED on 2/1i2022 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for byThe City Clerk -Treasurer of the City of Fayetteville, AR. Amount paid: $120.08. 75515743 Feb 6 2022,