City of Fayetteville, Arkansas Page 1 of 1

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1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR (479) Legislation Text File #: , Version: 1 VAC (1901 S. HARDING PL./THOMPSON): AN ORDINANCE TO APPROVE VAC FOR PROPERTY LOCATED AT 1901 SOUTH HARDING PLACE TO VACATE A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A 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 a utility easement 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 a utility easement 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 condition: 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 of 1 Printed on 8/16/2018 powered by Legistar

2 City of Fayetteville Staff Review Form Legistar File ID 8/21/2018 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll Submitted By 6/1/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department VAC : Vacation (1901 S. HARDING PL./THOMPSON, 609): Submitted by TOM THOMPSON for property located at 1901 S. HARDING PL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to vacate a portion of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - Must Attach Completed Budget Adjustment! Previous Ordinance or Resolution # V Original Contract Number: Approval Date: Comments:

3 MEETING OF AUGUST 21, 2018 TO: THRU: FROM: Mayor and City Council Garner Stoll, Development Services Director Andrew Garner, Planning Director Harry Davis, Current Planner DATE: August 3, 2018 SUBJECT: VAC : Vacation (1901 S. HARDING PL./THOMPSON, 609): Submitted by TOM THOMPSON for property located at 1901 S. HARDING PL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC with the following conditions of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer s expense. BACKGROUND: The subject property is Lot 44 of Falcon Ridge Subdivision located in east Fayetteville south of Huntsville Road between Hunt Lane and Tallgrass Drive. The property totals approximately 0.23 acres, is zoned RSF-4, Residential Single Family, 4 Units per Acre, and is currently developed with a single-family home. Proposal: The applicant proposes to vacate a portion of utility easement as described in Exhibits A and B. They intend to place a shed in the vacated easement area. DISCUSSION: At the July 23, 2018 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission packet

4 VAC Close Up View THOMPSON EXHIBIT 'A' SINCLAIR AVE HARDING PL TALLGRASS DR Subject Property TRUMAN LN RSF-4 CATTAIL C T MILO WAY N Legend Planning Area Fayetteville City Limits Building Footprint Feet inch = 200 feet RSF-4

5 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS VAC EXHIBIT 'B' Survey Description for Easement Vacation Area: EASEMENT VACATION AREA: A PART OF LOT 44, FALCON RIDGE SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT RECORDED IN PLAT BOOK 23 AT PAGE 348, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 44 AND RUNNING THENCE S02 43'05"W 62.48', THENCE S86 38'18"E 3.03' TO THE TRUE POINT OF BEGINNING, THENCE S86 38'18"E 6.97', THENCE S02 43'05"W 15.96', THENCE N86 53'41"W 6.93', THENCE N02 35'01"E 15.99' TO THE POINT OF BEGINNING. CONTAINING SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.

6 TO: THRU: FROM: Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner MEETING DATE: July 23, 2018 UPDATED W PC RESULTS SUBJECT: VAC : Vacation (1901 S. HARDING PL./THOMPSON, 609): Submitted by TOM THOMPSON for property located at 1901 S. HARDING PL. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.26 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends approval of VAC with conditions. RECOMMENDED MOTION: I move to forward VAC to City Council with a recommendation for approval with the conditions as recommended by staff. BACKGROUND: The subject property is Lot 44 of Falcon Ridge Subdivision located in east Fayetteville south of Huntsville Road between Hunt Lane and Tallgrass Drive. The property totals approximately 0.23 acres, is zoned RSF-4, Residential Single Family, 4 Units per Acre, and is currently developed with a single-family home. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family residential RSF-4, Residential Single-family, 4 Units per Acre South Single-family residential RSF-4, Residential Single-family, 4 Units per Acre East Single-family residential RSF-4, Residential Single-family, 4 Units per Acre West Single-family residential RSF-4, Residential Single-family, 4 Units per Acre Proposal: The applicant proposes to vacate a portion of utility easement. They intend to place a shed in the vacated easement area. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses:

7 Utility Cox Communications AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Transportation Response No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer s expense. They only recommend vacating the easement at the location of the proposed shed. No objections and no comment. No objections and no comment. If AT&T facilities are required to be relocated due to this vacation, all costs to do so will be the responsibility of the owner/developer. No objections and no comment. Response No objections and no comment. No objections and no comment. No objections and no comment. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer s expense; PLANNING COMMISSION ACTION: Required YES Date: July 23, 2018 Tabled Forwarded Denied Motion: Autry Second: Johnson Vote: Motion to forward to CC with recommendation of approval as part of consent agenda with all staff conditions Motion passes G:\ETC\Development Services Review\2018\Development Review\ VAC 1901 S. Harding Pl. (Thompson) 609\

8 BUDGET/STAFF IMPACT: None Attachments: Petition to Vacate Utility Approvals Site Plan One Mile Map Close-Up Map Current Land Use Map G:\ETC\Development Services Review\2018\Development Review\ VAC 1901 S. Harding Pl. (Thompson) 609\

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26 VAC One Mile View THOMPSON N R-O Miles R-A HUNTSVILLE RD C-1 RSF-4 Subject Property P-1 HUNT LN ED EDWARDS RD MALLY WAGNON RD Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Planning Area Fayetteville City Limits Zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY E-1 Residential-Agricultural COMMERCIAL RSF-.5 Residential-Office RSF-1 C-1 RSF-2 C-2 RSF-4 C-3 RSF-7 FORM BASED DISTRICTS RSF-8 Downtown Core RSF-18 Urban Thoroughfare RESIDENTIAL MULTI-FAMILY Main Street Center RT-12 Residential Two and Three-family Downtown General RMF-6 Community Services RMF-12 Neighborhood Services RMF-18 Neighborhood Conservation RMF-24 PLANNED ZONING DISTRICTS RMF-40 Commercial, Industrial, Residential INDUSTRIAL INSTITUTIONAL I-1 Heavy Commercial and Light Industrial P-1 I-2 General Industrial

27 VAC Close Up View THOMPSON SINCLAIR AVE HARDING PL TALLGRASS DR Subject Property TRUMAN LN RSF-4 CATTAIL C T MILO WAY N Legend Planning Area Fayetteville City Limits Building Footprint Feet inch = 200 feet RSF-4

28 VAC Current Land Use THOMPSON N TALON TRL HUNT LN Single Family SINCLAIR AVE Single Family HARDING PL TALLGRASS DR Subject Property TRUMAN LN Single Family Undeveloped CATT A IL CT FESCUE CT MILO WAY Streets Existing MSP Class COLLECTOR Planning Area Fayetteville City Limits Feet inch = 300 feet