HomeMy WebLinkAboutOrdinance 6593Ordinance: 6593
File Number: 2022-0634
owner/developer's expense. The remainder of the right-of-way should contain the existing water line
and relocated water meters.
PASSED and APPROVED on 8/2/2022
Approved:
.1,j%%j111111r►jj
Attest: ■�``�,�r`:•� rRE•gS�%.
-� �: FAYETTEVILLE:
Kara Paxton, City Clerk Treasurer '�,�sfy.QhANc;P•�?i■
111►G 11
O N ti►��%%"
Page 2 Printed on 813122
z
VAC-2022-0017
Close Up View
r)G -
rn
LLI
a
V
O
J
Urban Center
Alley
' Planning Area
Fayetteville City Limits
--
Design Overlay District
9 S BLOCK AVE
w
x
0
x
U
MSC
MEADOW ST
I
w
J
J
Q
Subject Property
-ST
us
w
�
w
r
�
o
a
n
Q
D
w
m
r-t 1
�MOUNTAIN,Si--A
ILL► EY
1�5
I
L 1
Feet
0 75 150 300 450 600
1.2,400
VAC-2022-0017
EXHIBIT 'A'
1_111111111:A
'J&
NORTH
Downtown Core
'r Main Street Center
Downtown General
P-1
VAC-2022-0017
EXHIBIT 'B'
EASEMENT VACATION DESCRIPTION:
A PART OF A 10' ALLEY TO THE CITY FAYETTEVILLE, AS DESIGNATED UPON THE
ORIGINAL PLAT OF SAID TOWN (NOW CITY), ON FILE IN THE OFFICE OF CIRCUIT CLERK
AND EX-OFFICIO RECORDER, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.• COMMENCING AT THE NORTHEAST
CORNER OF BLOCK 26, SAID ORIGINAL TOWN (NOW CITY) PLAT OF FAYETTEVILLE AND
RUNNING THENCE N8702343"W 155.00, THENCE S02°44'04"W 54.12' TO THE
NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED BOOK 2020, PAGE 48300 FOR
THE POINT OF BEGINNING, THENCE ALONG THE WEST LINE OF SAID LAND DESCRIBED
IN DEED BOOK 2020, PAGE 48300 S02044'04"W 20.00, THENCE LEAVING SAID WEST LINE
N87°23'43"W 1.50, THENCE NO2°44'04"E 20.00, THENCE S87023'43"E 1.50' TO THE POINT
OF BEGINNING. CONTAINING 30.00 SQ. FEET, MORE OR LESS.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0634
Agenda Date: 8/2/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
VAC 22-017: (9 S. BLOCK AVE./HOLCOMB):
AN ORDINANCE TO APPROVE VAC 22-017 FOR PROPERTY LOCATED AT 9 SOUTH BLOCK
AVENUE IN WARD 2 TO VACATE A 30 SQUARE FOOT PORTION OF AN 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 an 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 the portions of an 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 damage to or relocation of existing facilities will be at the property owner/developer's expense; and
2. The existing water meters within the vacated right-of-way must be relocated at the property
owner/developer's expense. The remainder of the right-of-way should contain the existing water line and
relocated water meters.
City of Fayetteville, Arkansas Page 1 Printed on 81312022
City of Fayetteville Staff Review Form
2022-0634
Legistar File ID
8/2/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/15/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2022-0017: Vacation (9 S. BLOCK AVE./HOLCOMB, 523): Submitted by JOSEPH HOLCOMB for property located
at 9 S. BLOCK AVE. in WARD 2. The property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.07
acres. The request is to vacate a 30-square-foot portion of alley 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
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF AUGUST 2, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: July 15, 2022
CITY COUNCIL MEMO
SUBJECT: VAC-2022-0017: Vacation (9 S. BLOCK AVE./HOLCOMB, 523): Submitted by
JOSEPH HOLCOMB for property located at 9 S. BLOCK AVE. in WARD 2. The
property is zoned MSC, MAIN STREET/CENTER and contains approximately 0.07
acres. The request is to vacate a 30-square-foot portion of alley right-of-way.
RECOMMENDATION:
Planning Commission and City Staff recommend approval of VAC-2022-0017 as shown in the
attached Exhibits 'A' and 'B' and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer's
expense; and
2. The existing water meters within the vacated right-of-way must be relocated at the
property owner/developer's expense. The remainder of the right-of-way should contain the
existing water line and relocated water meters.
BACKGROUND:
The subject property includes roughly 30-square-feet of alley right-of-way just west of the
Downtown Fayetteville Square behind the building located at 9 South Block Avenue. The platted
right-of-way behind Block Avenue is 10 feet wide, though the alley itself is 17 feet wide and
extends beyond the platted right-of-way to the west. Neighboring buildings are currently located
within the platted alley right -of -way —the building to the north currently encroaches by two feet
while the building to the south encroaches by about one foot.
Request: The applicant proposes to vacate a 1.5-foot-wide, 30-square-foot portion of alley right-
of-way just west of the building located at 9 South Block Avenue. The applicant shared in their
request letter that the vacation would allow them to construct stairs on the rear side of the building
in line with neighboring properties to provide access to the roof.
Staff Findings: City staff recommends in favor of the proposed right-of-way vacation. Adjacent
properties currently encroach into the alley right-of-way and the 30-square-foot portion that the
applicant is requesting to vacate no longer contributes to vehicular ingress and egress. Staff is
thus supportive of the request finding that the vacation would not impact connectivity. Vacating a
portion of the right-of-way would allow for the adaptive reuse of the building located at 9 South
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Block Avenue since it would allow an exterior staircase to be constructed on the rear side of the
building to provide access to a future roof deck.
The applicant has submitted the required adjacent property owner approval forms with no
objections to the stated request. The applicant has also submitted the required vacation approval
forms to relevant City departments and franchise utility companies, and the conditions included
in this report reflect their responses.
DISCUSSION:
At the July 11, 2022 Planning Commission meeting, this item was forwarded to City Council with
a vote of 7-0-1, on the consent agenda with a recommendation of approval. Commissioner
Holcomb recused. No public comment was received on the item.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
J
Q
VAC-2022-0017
Close Up View
P_
U)
C)
O
J
Urban Center
Alley
r ' Planning Area
_ _ Fayetteville City Limits
Design Overlay District
9 S BLOCK AVE
0 I
u'�
T
w
J
J
ziq
Subject Property
I W
-MOUNTAIN
i6WIIIIIIIIIIII
0
i;19Za
Feet
0 75 150 300
1:2,400
�
r
r
w
Q
o
D
c
Q
w
m
r-t
Downtown Core
Main Street Center
Downtown General
P-1
450 600
VAC-2022-0017
EXHIBIT `B'
EASEMENT VACATION DESCRIPTION:
A PART OF A 10' ALLEY TO THE CITY FAYETTEVILLE, AS DESIGNATED UPON THE
ORIGINAL PLAT OF SAID TOWN (NOW CITY), ON FILE IN THE OFFICE OF CIRCUIT CLERK
AND EX-OFFICIO RECORDER, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHEAST
CORNER OF BLOCK 26, SAID ORIGINAL TOWN (NOW CITY) PLAT OF FAYETTEVILLE AND
RUNNING THENCE N8702343"W 155.00, THENCE S02044'04"W 54.12, TO THE
NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED BOOK 2020, PAGE 48300 FOR
THE POINT OF BEGINNING, THENCE ALONG THE WEST LINE OF SAID LAND DESCRIBED
IN DEED BOOK 2020, PAGE 48300 S02044'04"W 20.00, THENCE LEAVING SAID WEST LINE
N87023'43"W 1.50, THENCE NO2°44'04"E 20.00, THENCE S87°2343"E 1.50' TO THE POINT
OF BEGINNING. CONTAINING 30.00 SQ. FEET, MORE OR LESS.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: July l 1, 2022 (Updated with results from PC hearing.)
SUBJECT: VAC-2022-0017: Vacation (9 S. BLOCK AVE./HOMCOMB, 523):
Submitted by JOSEPH HOLCOMB for property located at 9 S. BLOCK
AVE. The property is zoned MSC, MAIN STREET/CENTER and contains
approximately 0.07 acres. The request is to vacate a 30-square-foot portion
of alley right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2022-0017 to the City Council with a recommendation of
approval with conditions.
RECOMMENDED MOTION:
"I move to forward VAC-2022-0017 to the City Council with a recommendation of approval with
conditions as recommended by staff."
BACKGROUND:
The subject property includes roughly 30-square-feet of alley right-of-way just west of the
Downtown Fayetteville Square behind the building located at 9 South Block Avenue. The platted
right-of-way behind Block Avenue is 10 feet wide, though the alley itself is 17 feet wide and
extends to the west. Neighboring buildings are currently located within the right -of -way —the
building to the north currently encroaches by two feet while the building to the south encroaches
by about one foot. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Commercial
MSC, Main Street/Center
South
Commercial
MSC, Main Street/Center
East
Commercial/Square Gardens
MSC, Main Street/Center;
P-1, Institutional
West
I Parking Area
IMSC, Main Street/Center
Proposal. The applicant proposes to vacate a 1.5-foot-wide, 30-square-foot portion of alley right-
of-way just west of the building located at 9 South Block Avenue. The applicant shared in their
request letter that the vacation would allow them to construct stairs on the rear side of the building
in line with neighboring properties.
DISCUSSION:
City of Fayetteville staff recommends in favor of the proposed right-of-way vacation. Adjacent
properties currently encroach into the alley right-of-way and the 30-square-foot portion that the
applicant is requesting to vacate no longer contributes to vehicular ingress and egress. Staff is
thus supportive of the request finding that the vacation would not impact connectivity. Vacating a
portion of the right-of-way would allow for the adaptive reuse of the building located at 9 South
Block Avenue since it would allow an exterior staircase to be constructed to provide pedestrian
ingress and egress to a future roof deck.
Vacation Approval: The applicant has submitted the required adjacent property owner approval
forms with no objections to the stated request. The applicant has also submitted the required
vacation approval forms to relevant City departments and franchise utility companies with the
following responses.
Utility Response
Cox Communications No objections, provided that any damage or relocation of existing
Cox facilities will be at the applicant's expense.
AEP/SWEPCO No objections and no comments.
Black Hills Energy No objections and no comments.
AT&T No objections, provided that if there are any AT&T facilities that
are required to be located, then the cost of relocation will be the
responsibility of the property owner/developer.
Ozarks Electric No objections and no comments.
City of Fayetteville Response
Water/Sewer No objections, provided that the existing water meters within the
vacated right-of-way must be relocated at Holcomb Development
Group's expense. The remainder of the right-of-way will contain
the existing water line and relocated water meters.
Solid Waste & Recycling No objections and no comments.
Transportation No objections and no comments.
Public Comment: Staff has not received any public comment regarding the request.
RECOMMENDATION: Staff recommends forwarding VAC-2022-0017 with the following
conditions:
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the property owner/developer's
expense; and
2. The existing water meters within the vacated right-of-way must be relocated at the
property owner/developer's expense. The remainder of the right-of-way should contain the
existing water line and relocated water meters.
PLANNING COMMISSION ACTION
jDate: July 11, 2022 O Tabled
Motion: Johnson
ISecond: Brink
Required YES
® Forwarded O Denied
on consent with a
recommendation of approval.
Vote: 7-0-1 (Holcomb recused from consent agenda)
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
5/23/2022
To: The Fayetteville City Council
We are requesting to vacate the alley right-of-way west of the current building located at 9 S
Block Ave. This vacation of property is being requested to allow for a necessary egress stair to
be constructed for a future roof deck above the building. The adjacent properties currently
extend into the alley therefore adding this stair should not be any more intrusive than those
specific properties. We are requesting a 18" vacation to match those properties from our
current perceived property line. This 18" will allow us to construct a stair to meet this need.
Joe Holcomb
Managing Member
Holcomb Development Group LLC
PETITION - 9 SOUTH BLOCK AVE
PETITION TO VACATE AN ALLEY RIGHT-OF-WAY LOCATED IN LOTS 2-3, BLOCK 26,
FAYETTEVILLE ORIGINAL SUBDIVISION, 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 right-of-way hereinafter sought to be
abandoned and vacated, lying in lots 2-3, Block 26, Fayetteville Original Subdivision, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate an alley right-of-way which is described as follows:
A PART OF A 10' ALLEY TO THE CITY FAYETTEVILLE AS DESIGNATED UPON THE ORIGINAL
PLAT OF SAID TOWN (NOW CITY ON FILE IN THE OFFICE OF CIRCUIT CLERK AND EX-
OFFICIO RECORDER, WASHINGTON COUNTY, ARKANSAS BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THL NORTHEAST CORNER OF BLOCK 26,
SAID ORIGINAL TOWN NbW CIT PLAT OF FAYETTEVILLE AND RUNNING THENCE N87°
23'43"W 155.00' THENCE S02044'04" 54.12' TO THE NORTHWEST CORNER OF THE LAND
DESCRIBED NDEED BOOK 2020 PAGE 48300 FOR THE POINT OF BEGINNING THENCE ALONG
THE THENCE LEA LINE
SAID WEAID ST LINE N87B2 ' 3 W 50 BOOK
44 04 E 20 00', THENCE §87'
,� o ,� a
23'43"E 1.50' TO THE POINT OF BEGINNING. CONTAINING 30.00 SQ. FEET, MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are Lots 2-3, Block 26, Fayetteville Original
subdivision 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 right-of-way.
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 23 day of May , 20 22
Joseph Holcomb
Printed Name
Signature
Bhakti Holcomb
Printed Name
Signature
I
a
r
Km
r
=I '
O
vI�
rI�
O
ly
o
Im
w
— — — —
— — �,
aePM1aXverk4q
m
----
— —
NO2°d4'O4^E 214.41'
_---------------
N01.44ro4•E f40.29'
20.00'
N0244'04•E$
- 102.44'04^E 54.12
gl
mVI'
(�
n
Nroa few eGrsWVo�/_a.rnRrosan
LONG— -va oeJ&n]&J
z
onn l
Q"g�=
dayYn
f0'
a
f0'
W:l its
3 I� ry °
s oz•4a14•w z3o.ar
~--��-- -- I�
— — — — S02°44'O4"W 140.2a- — � 4.
" o S 02°44ro4•W ' — — — — — — — — — — NO2°4dg4"E 152. ]2' 11 x
• ° Snewzu, 2000' ... S02°4404•W 54.12' 'f'----------__ 'L •
m
am
m SOUTH BLOCKAVENUE
55'Platted2W
�w
c°�nm a° o aDm c°o amT i° z
oo§�* RUN v°zoa°n ooa moR Aa o§E my2 , �•
c o cm� MR a�zs. zy� uT a �Jz
♦ cmmi2Y3m cioa�o mvm,cai Ac'Jaz z'!iz
J���uCERTjF
a��a���[�
�. O A W •O
tR •. p rn W ; �yC.
Moll
�s"�
°•0i gib
azmiy = >;VI= ot_
w All % b°A3N��Sc goo
2��� NNlnwuw���o°° EH
a°izo
°c�"mm
°pmm�'
AnF�mo
muF
iY,
ania
aTx
°T°o4
z'^mm yz
�cmovz°caom
axm�z
�xymsz
ayipzo;S
Hmm
mz
as�
�7m
Nn m_
a Ix y°
cLm
s2Z3i2om
�ym�3
7ToAy
ym
my
aT m mmzc�
i aTa
yocmi�O�
moinm
z°
�°nm
Fi�`�
Z-
m i
�
�'''°z �=omi
appSy
mm
zoFi °�g
N°
�gmix�°a
x5�S�mx
�yocm
��
yyOd
z
2_ o"'i
8
Az m
m�x
�oDmz=o
omo
x
im mz
° °
amm �o
o
mm
°
O
Z�
0
�x
O
0
�90
A
w
O
�
�
m
�
�
��
g VV
c
1✓�
P
m
�
,
N
-xim���oacxi
TON< om; �° mDa'T Zo gn
msiiAo�a o�cm�
icy mm ic''Am aaT ?m
°a� ����czi "cmi
ao-zia�c�zi$m Dam�n�
i ymc��yv, Ana°am
yn� �m
ma��7o °
nzmym Pow
m° z bo
mmno z ati aomc �6 Nm
OZOZ
ono�m;�'-'
2yDZn°D
OTL7 `0 z
mona,r�n
�oA�om$<
�umz oT5 o z ro�i
�,"
mxymxnA�
8^T< am z n�z
°°�QTo
yiCT�cmi
oT�m zom o�m
�m� S
Amy=o;2
V'ZE D2x
=31T ado n �gv
Zxm"'N-zc°z
omn
nary oiT m o"
om
�mm
y
T m
° " � Fa
°
SBM.AveSE..Ave
(NA,,
II�
rq
I
NWA FLORIST
Fayetteville, Arkansas
0o T59 o
�m cn
J
Q
VAC-2022-0017
Close Up View
P_
U)
C)
O
J
Urban Center
Alley
r ' Planning Area
_ _ Fayetteville City Limits
Design Overlay District
9 S BLOCK AVE
0 I
u'�
T
w
J
J
ziq
Subject Property
I W
-MOUNTAIN
i6WIIIIIIIIIIII
0
i;19Za
Feet
0 75 150 300
1:2,400
�
r
r
w
Q
o
D
c
Q
w
m
r-t
Downtown Core
Main Street Center
Downtown General
P-1
450 600
�e
h: �: 1 A` i ,sir^'^`.
_
• _ ■ - • -
'
r
A —
—s�i �■�w�
I�
CLL
._
srLl
�
-IR
WIM
..
e _ 'y'VW
MIA
An
RjI
_—aMily
tR gyp,
ui
e y \ e �E J
RGN�
A,
FEMA Flood Hazard Data
Urban Center
100-Year Floodplain
Alley
Feet Floodway
Planning Area
0 112.5 225 450 675 900
Fayetteville City Limits
1:3,600
Design Overlay District
