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Home My WebLink AboutOrdinance 6617Ordinance: 6617 File Number.- 2022-0879 Attest: av Kara Pa. on, City Clerk Treasurer 7 y• •'9�� •� rAYETTEVILLE ; - r raj /'G +c)��'�. Page 2 Printed on 1015122 VAC-2022-0010 Close Up View 2015 S VALE AVE NETHERLAND WAY RNIF-24 SLIGO.ST Q ' w O RSF-R ca Subject Property N y J[� C71ON 3WHEAD-ST RSF-4 ! / r I-1 r, ❑ m •+! mIT NS-G O� r °qv� ,I NS-L r r RegionalLink Neighborhood Link Unclassified Residential Link Hillside -Hilltop Overlay District ~_ Area Plannir ■� 9 _ ! Fayetteville City Limits — — — Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 VAC-2022-0010 EXHIBIT'A' CATO SPRINGS RD A& NORTH RSF-4 RSF-8 r RNF-24 1-1 Heavy Commercial and Light Industrial M Community Services Neighborhood Services - Ltd M NeghborhoodServices -Gen. VAC-2022-0010 EXHIBIT'B' dates 1� Pussociates,inc. Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www.batesnwa.com RE: LEGAL DESCRIPTION FOR 10' ALLEY TO BE VACATED: A 10' WIDE ALLEY LOCATED IN A PART OF BLOCK 5 OF MEADOW VALE SUBDIVISION, AS PER THE FINAL PLAT THEREOF FILED IN BOOK 5 AT PAGE 79 OF THE RECORDS OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 6 OF SAID MEADOW VALE SUBDIVISION AND RUNNING THENCE N05045'22"W 150.86', THENCE NO3°57'25"W 40.1 F, THENCE N04048'38"W 50.20', THENCE NO3°40'19"W 50.12', THENCE N02020'22"W 17.35' TO AN EXISTING PIPE, THENCE N87053'15"W 307.95' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02006'45"W 117.27' TO THE NORTH RIGHT-OF-WAY OF HENDON STREET AS PER SAID FINAL PLAT OF MEADOW VALE SUBDIVISION, THENCE ALONG SAID RIGHT-OF-WAY N87°56'08"W 10.00', THENCE LEAVING SAID RIGHT-OF-WAY NO2°06'45"E 117.27', THENCE S87053'15"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES OR 1172.70 SQUARE FEET, MORE OR LESS. Washington County. AR oeM1itY this instrument was filed on 10/2112022 09'.44�.29 AM and recorded in Real Estate Filter e 68 Nu Nes1er02� �0 C�edc Kyle Sy by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0879 Agenda Date: 10/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.10 VAC 22-010 (2015 S. VALE AVENUE/ TITAN VALE, LLC): AN ORDINANCE TO APPROVE VAC 22-010 FOR PROPERTY LOCATED AT 2015 SOUTH VALE AVENUE IN WARD 1 TO VACATE A 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 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 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 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 101512022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0879 Legistar File ID 10/4/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/16/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2022-0010: Vacation (2015 S. VALE AVENUE/ TITAN VALE, LLC, 599): Submitted by WATKINS, BOYER, GRAY & CURRY ATTORNEYS for property located at 2015 S. VALE AVENUE in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.43 acres. The request is to vacate a 0.03 acre portion of right- of-way. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 4, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: September 16, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0010: Vacation (2015 S. VALE AVENUE/ TITAN VALE, LLC, 599): Submitted by WATKINS, BOYER, GRAY & CURRY ATTORNEYS for property located at 2015 S. VALE AVENUE in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains approximately 3.43 acres. The request is to vacate a 0.03 acre portion of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2022-0010 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. BACKGROUND: The subject properties are approximately 3.50 acres, located in south Fayetteville, and zoned CS, Community Services. The area is mostly undeveloped except for a 1,416 square foot single-family dwelling that was built in 1956 according to Washington County records. In addition to the right- of-way subject to this request, there is unbuilt street right-of-way that bisects the property running parallel to, and north of W. Cato Springs Road, connecting S. Razorback Road to S. Vale Avenue. Washington County records suggest the right-of-way was platted in 1924 with the Meadow Vale Subdivision as Hendon Street. There is no indication that the right-of-way was ever improved or utilized by the public. A request to vacate the right-of-way failed at a City Council meeting on April 20, 2021 (VAC-2021-000015). There have been many recent applications associated with a planned development for the property. The current zoning designation was approved by City Council on July 19, 2022 (RZN-2022-0026). Subsequently, a large site improvement plan (LSIP- 2022-0006) was reviewed at the Tech Plat Review meeting on August 31, 2022 for the development of a 63-unit multi -family development. Request: The applicant proposes to vacate 0.03 acres of right-of-way. The specific portion of right-of-way is a 10-foot-wide leg that runs north/south through the northern half of the property. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: City of Fayetteville staff recommends in favor of the proposed right-of-way vacation. The right-of- way no longer contributes towards the creation of a compact, complete, and connected neighborhood as it is discontinuous from other platted alley right-of-way and only about 117 feet in length. The alley right-of-way connects to S. Brower Avenue right-of-way to the south and terminates to the north at an existing multi -family development. At the May 23, 2022 Planning Commission meeting, this item was forwarded to City Council with a recommendation of approval by a vote of 7-0-0. Commissioner Canada made the motion and Commissioner Winston seconded. No comment was offered by the Commission. No public comment was received on the item. Following the meeting the item was withheld from being placed on a City Council agenda pending a required consent form to be provided from the adjacent property owner to the north. The applicant has since supplied the required documents. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-0010 Close Up View 2015 S VALE AVE I ARROWHEAD -ST r� RSF-4 r I-1 r r r 0 Q r � Cft r � i O i r Q' D � � x O rr r NS-L Regional Link Neighborhood Link Unclassified Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits — — — Trail (Proposed) HERI ,WAY NS-G Feet 0 75 150 300 450 600 1:2,400 CATO SPRINGS RD A& NORTH RSF-4 RSF-8 RMF-24 1-1 Heavy Commercial and Light Industrial Community Services Or Neighborhood Services - Ltd. lM Neighborhood Services - Gen. ates (K>; Associates.inc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.batesnwa.com RE: LEGAL DESCRIPTION FOR 10' ALLEY TO BE VACATED: A 10' WIDE ALLEY LOCATED IN A PART OF BLOCK 5 OF MEADOW VALE SUBDIVISION, AS PER THE FINAL PLAT THEREOF FILED IN BOOK 5 AT PAGE 79 OF THE RECORDS OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, BLOCK 6 OF SAID MEADOW VALE SUBDIVISION AND RUNNING THENCE N05045'22"W 150.86', THENCE NO3°57'25"W 40.1 F, THENCE N04048'38"W 50.20', THENCE NO3°40'19"W 50.12', THENCE NO2°20'22"W 17.35' TO AN EXISTING PIPE, THENCE N87°53'15"W 307.95' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE S02006'45"W 117.27' TO THE NORTH RIGHT-OF-WAY OF HENDON STREET AS PER SAID FINAL PLAT OF MEADOW VALE SUBDIVISION, THENCE ALONG SAID RIGHT-OF-WAY N87056'08"W 10.00', THENCE LEAVING SAID RIGHT-OF-WAY N02006'45"E 117.27', THENCE S87053'15"E 10.00' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES OR 1172.70 SQUARE FEET, MORE OR LESS. wILLIAM P. WATKINS, IH, P.A. RONALD L. BOYER, P.A. JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. wILLIAM A. KELLSTROM JOHN E. JENNINGS (OF COUNSEL) * ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com April 9, 2022 RE: Alley Vacation at 2015 S. Vale Ave, Fayetteville, Arkansas Dear Planning Staff: DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER My name is Will Kellstrom and I represent the applicant, Titan Vale, LLC, with respect to this alley vacation petition. The applicant is requesting a that a platted, but never used ten foot (10') alley be vacated on Parcel Nos. 785-08408-000 and 765-08409-001 (hereinafter "the Property"). There are two rights of way on the Property: (1) a forty foot (40') master street plan right of way running East-West through the middle of the Property; and (2) a ten foot (10') alley running North -South through the northern half of the Property (hereinafter "the Alley"). The applicant is requesting that the ten foot (10') alley be vacated, and is not requesting that the forty foot (40') master street plan right of way be vacated. The Alley was originally dedicated as a part of Block 5 of the Meadow Vale Subdivision. The Alley has never been developed and has never been used. In fact, a portion of the alley on the parcel directly to the North of the Property has actually been built on top of For that reason, it is unlikely that this Alley will ever be used as originally intended. Accordingly, vacating this alley will not work to the detriment of the surrounding property owners. Thank you for considering this alley vacation petition. If you have any questions, please contact me at 479- 636-2168 or at wkellstrom(a-),watkinslawoffice.com. WK: PC: 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W. WATKrNSLAWOFFICE.COM Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION PETITION PETITION TO VACATE AN ALLEY LOCATED IN BLOCK 5, MEADOW VALE 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 hereinafter sought to be abandoned and vacated, lying in Block 5, Meadow Vale Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an alley which is described as follows: See Exhibit A, attached hereto That the abutting real estate affected by said abandonment of the alley are Lots 6 and 7, Block 5, Meadow Vale Subdivision City of Fayetteville, that the alley has never been developed or used by the public since it was originally dedicated, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described alley. 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 bylaw. 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. 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