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
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TREAT
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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
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+ �_ 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
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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,