HomeMy WebLinkAboutOrdinance 6685C
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File Number: 2023-1051
0
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6685
VACATION - 2023-0006: (N. SHILOH DRIJUNCTION AT SHILOH, 363)
Doc IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
DID: 021285010003 Type: qEL
Kind: ORDINANCE
Recorded: 10/02/2023 at 02:06:07 PM
Fee Amt: $26. Kyle
D0 Page 1 of 3
KSaton County, AR
Kyle Ylvaeter Clrcult Clerk
File2023-00025757
AN ORDINANCE TO APPROVE VAC 23-06 FOR PROPERTY LOCATED NEAR NORTH SHILOH DRIVE IN
WARD 4 TO VACATE ABOUT A .39-ACRE PORTION OF A MULTI -USE TRAIL EASEMENT
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which me not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of a trail 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 the portion of a multi -use trail
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 conditions:
1. The applicam/developer shall dedicate additional right of way and/or trail easements sufficient for the Shiloh Trail;
and Any damage to or relocation of existing facilities will be at the expense of the applicant/developer.
2. Any damage to or relocation of existing facilities will be at the expense of the applicant/developer.
PASSED and APPROVED on September 19, 2023
Page 1
Ordinance: 6685
File Number: 2023-1051
Page 2
VAC-2023-0006 I N. S H I LO H DR
EXHIBIT 'A'
Close Up View
Neighborhood Link
Freeway/Expressway
Residential Link
■ I Planned Neighborhood Link
�1 Planned Residential Link
Planning Area
Fayetteville City Limits
Shared -Use Paved Trail
— — Trail (Proposed)
_ - Design Overlay District
S
Trail
Subject Property
i
Q RSF-4
i
i
RI-12 0�
i
� V
� r NORNW
TH
C
Feet
0 75 150 300 450 600
1.2,400
Residential -Agricultural
RSF-4
RI-12
RMF-24
1-1 Heavy Commercial and Light Industrial
Community Services
P-1
1 ON M I 1 -.11 m 0.1
PART OF TRACT 1E, AS PER PLAT RECORD 2022-00018333 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 1E;
THENCE ALONG THE NORTH LINE THEREOF N54°59'28"W 47.74 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING ON THE SOUTHEASTERLY LINE OF A 20 FOOT WIDE MULTI -USE TRAIL EASEMENT AS
SHOWN ON PLAT 2019-00030753;
THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING FOUR COURSES:
THENCE S34°48'42"W 647.22 FEET;
THENCE S60°34'21"W 91.27 FEET;
THENCE S03°24'43"W 76.14 FEET;
THENCE S34°48'42"W 167.52 FEET TO THE SOUTH LINE OF SAID TRACT 1E;
THENCE ALONG SAID SOUTH LINE N87°19'34"W 23.62 FEET TO THE NORTHWESTERLY LINE OF SAID 20
FOOT WIDE MULTI -USE TRAIL EASEMENT;
THENCE ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING FOUR COURSES:
THENCE N34°48'42"E 174.46 FEET;
THENCE NO3°24'43"E 81.41 FEET;
THENCE N60°34'21"E 97.59 FEET;
THENCE N34°48'42"E 477.02 FEET TO THE NORTH LINE OF SAID TRACT 1E;
THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COURSES:
THENCE S55°01'12"E 16.91 FEET;
THENCE N35°05'57"E 165.69 FEET;
THENCE S54°59'28"E 2.26 FEET TO THE POINT OF BEGINNING, CONTAINING 0.39 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
10/02/2023 02:06:07 PM
and recorded in Real Estate
File Number 2023-00025757
Kyle SYI"ster- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 19, 2023
CITY COUNCIL MEMO
2023-1051
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM:
Jessica Masters, Development Review Manager
DATE:
SUBJECT:
VAC-2023-0006: Vacation (N. SHILOH DR/JUCTION AT SHILOH, 363): Submitted by
CRAFTON TULL for property located at N. SHILOH DR in WARD 4. The property is
zoned CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24
UNITS PER ACRE and contains approximately 11.73 acres. The request is to vacate a
0.39-acre portion of a multi -use trail easement.
RECOMMENDATION:
Staff recommends approval of VAC-2023-0006 as shown in the attached Exhibits 'A' and '13% and with the
following condition of approval:
1. Any damage or relocation of any existing facilities will be at the applicant's expense.
2. Trail easement vacation shall be conditioned on the dedication of additional right of way sufficient for
the Shiloh Trail on the approved associated development plans (LSD-2023-0004, Junction at Shiloh).
BACKGROUND:
The subject property is located south of W. Mount Comfort Road and west of 1-49, where N. Shiloh Drive dead -
ends. The property is split zoned RMF-24, Residential Multi -Family, Twenty -Four Units Per Acre and CS,
Community Services. A portion of the site totaling 9.11 acres was rezoned from 1-1, Heavy Commercial and
Light Industrial to CS by City Council on February 15, 2022, and a large-scale development (LSD-2023-0004)
was approved by Planning Commission on April 10, 2023. An appeal by the surrounding neighborhood was
heard by City Council on May 16, 2023, but the approval was upheld. Surrounding land uses and zoning are
depicted in Table 1.
Request: The applicant proposes to vacate a portion of an existing multi -use trail easement as indicated in the
attached exhibits and totaling approximately 0.39 acres. This easement is required to be vacated in order to
continue with an associated approved large-scale development project for multi -family housing.
DISCUSSION:
The applicant submitted the required approvals with no objections, though with the added conditions above
from the City of Fayetteville Transportation Division. With submittal of the required vacation forms and consent,
staff recommends approval.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, EXHIBIT A, EXHIBIT B, Applicant Request Letter, Petition to Vacate, Survey
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-1051
VAC-2023-0006: Vacation (N. SHILOH DR/JUCTION AT SHILOH, 363): Submitted by
CRAFTON TULL for property located at N. SHILOH DR in WARD 4. The property is zoned CS,
COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER
ACRE and contains approximately 11.73 acres. The request is to vacate a 0.39-acre portion of a
multi -use trail easement.
AN ORDINANCE TO APPROVE VAC 23-06 FOR PROPERTY LOCATED NEAR NORTH SHILOH
DRIVE IN WARD 4 TO VACATE ABOUT A .39-ACRE PORTION OF A MULTI -USE TRAIL
EASEMENT
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 a trail 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 the portion of a
multi -use trail 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 conditions:
1. The applicant/developer shall dedicate additional right of way and/or trail easements sufficient for
the Shiloh Trail; and Any damage to or relocation of existing facilities will be at the expense of the
applicant/developer.
2. Any damage to or relocation of existing facilities will be at the expense of the applicant/developer.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-1051
Legistar File ID
9/19/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/1/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2023-0006: Vacation (N. SHILOH DR/JUCTION AT SHILOH, 363): Submitted by CRAFTON TULL for property
located at N. SHILOH DR in WARD 4. The property is zoned CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 11.73 acres. The request is to vacate a 0.39-acre
portion of a multi -use trail easement.
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:
Crafton Tull
August 15, 2023
City of Fayetteville
125 W. Mountain Street
Fayetteville, AR 72701
RE: The Junction at Shiloh — Utility Easement Vacation
CTA Project #22101501
Planning Staff,
901 N 47th Street, Suite 400
Rogers, AR 72756
479.636.4838 (ph)
479.631.6224 (fax)
Please find attached our application for a Trail Easement Vacation located along the development site
for the Junction at Shiloh in Fayetteville.
The legal description and exhibits of the easement to be vacated are included in this submittal. With the
Large Scale Development Plans for this project, we are proposing extend Shiloh Drive through our site
per the Master Street Plan. We are proposing to construct a 12' wide trail on the east side of the
proposed Shiloh Drive. The proposed trail will be contained within the ROW for Shiloh.
The existing trail easement is on the west side of the proposed Shiloh Drive. Also on the west side of
Shiloh is a 36" water transmission main servicing a large portion of the City of Fayetteville. Through
conversations with the Trails Department, Engineering Department, and Utility Department, it was
determined that relocating the trail to the east side of Shiloh would be the best solution. Since we are
relocating the trail and placing it within proposed ROW, we are requesting to vacate the existing trail
easement onsite.
Within the package you will find the legal description, parcel map, survey of the site, petition to vacate,
and the utility departments' sign off forms. Please let us know if you need any additional information.
We look forward to the review and response from the City of Fayetteville.
Sincerely,
Elizabeth Topping, E.I.
Project Engineer
PETITION TO VACATE
PETITION TO VACATE A MULTI -USE TRAIL EASEMENT LOCATED IN TRACT 1A, PLAT RECORD
2022-00018333, 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 easement hereinafter sought to be
abandoned and vacated, lying in Tract 1E, Plat Record 2022-00018333, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
PART OF TRACT IE, AS PER PLAT RECORD 2022-00018333 IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT IE;
THENCE ALONG THE NORTH LINE THEREOF N54059'28"W 47.74 FEET TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE SOUTHEASTERLY LINE OF A 20 FOOT WIDE MULTI-
USE TRAIL EASEMENT AS SHOWN ON PLAT 2019-00030753;
THENCE ALONG SAID SOUTHEASTERLY LINE THE FOLLOWING FOUR COURSES:
THENCE S3404814211W 647.22 FEET;
THENCE S60034'21 "W 91.27 FEET;
THENCE S03024'43"W 76.14 FEET;
THENCE S3404842"W 167.52 FEET TO THE SOUTH LINE OF SAID TRACT 1E;
THENCE ALONG SAID SOUTH LINE N87019'34"W 23.62 FEET TO THE NORTHWESTERLY LINE OF
SAID 20 FOOT WIDE MULTI -USE TRAIL EASEMENT;
THENCE ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING FOUR COURSES:
THENCE N34048'42"E 174.46 FEET;
THENCE N03024'43"E 81.41 FEET;
THENCE N60034'21 "E 97.59 FEET;
THENCE N34048'42"E 477.02 FEET TO THE NORTH LINE OF SAID TRACT IE;
THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE COURSES:
THENCE S55001'12"E 16.91 FEET;
THENCE N35005'57"E 165.69 FEET,
THENCE S54059'28"E 2.26 FEET TO THE POINT OF BEGINNING, CONTAINING 0.39 ACRES, MORE
OR LESS.
That the abutting real estate affected by said abandonment of the easement is Tract lE, Plat Record 2022-00018333,
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 easement.
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.
WIEREFORE, 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 JC day of , 20 Z3.
Printed Name
Signature
4va EXHIBIT
l8 P.O.B. EASEMENT
VACATION
GRAPHIC SCALE IN FEET
100' 0 100'
h P.O.C. NE CORNER
cA TRACT 1 E
PLAT 2022-00018333
ti
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^dry .o4;ti
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PARCEL LINE
TABLE
LINE #
DIRECTION
LENGTH
L1
N54' 59' 28"W
47.74'
L2
S60' 34' 21 "W
91.27'
L3
S3' 24' 43"W
76.14
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Form vt 33
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Menis
A WEHCO MEDIA COMPANY
Account#: NWCL5004205 RECEIVED
Company: CITY OF FAYETTEVILLE-CLERKS OFFI SEP 2 5 2023
Ad number#: 328942
CITY OF FAYETTEVILLE
PO#: CITY CLERK'S OFFICE
Matter of: ORD 6685
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the Democrat Gazette,a daily newspaper printed
and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and during
the publication of the annexed legal advertisement in the matter of:
ORD 6685
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.
And that there is due or has been paid the Democrat Gazette for publication the sum of$113.10.(Includes
$0.00 Affidavit Charge).
NWA Democrat Gazette 09/23/23;NWA nwaonline.com 09/23/23
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 25th day of September,2023
CATHERINE STAGGS
314 February
NOTARY PUBLIC
Ordinance:6685
File Number: 2023-1051
VACATION-2023-0006:(N.
SHILOH DR/JUNCTION AT
SHILOH,363):
AN ORDINANCE TO APPROVE
VAC 23-06 FOR PROPERTY LO-
CATED NEAR NORTH SHILOH
DRIVE IN WARD 4 TO VACATE
ABOUT A.39-ACRE PORTION OF
A MULTI-USE TRAIL EASEMENT
WHEREAS,the City Council RECEIVED
has the authority under A.C.A.§
14-54-104 to vacate public
grounds or portions thereof
which are not required for cor •
-
porate purposes;and SEP 2 5 2023
WHEREAS,the City Council
has determined that the follow-
ing described portion of a trail art'OF FAYETTEVILLE
easement is not required for CITY CLERKS OFFICE
corporate purposes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville,Arkansas hereby vacates
the portion of a multi-use trail
easement as described in Ex-
hibit B attached to the Planning
Department's memo.
Section 2: A copy of this Or-
dinance 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 ap-
proval is subject to the following
conditions:
1. The applicant/developer
shall dedicate additional right of
way and/or trail easements suf-
ficient for the Shiloh Trail;and
Any damage to or relocation of
existing facilities will be at the
expense of the applicant/devel-
oper.
2.Any damage to or reloca-
tion of existing facilities will be
at the expense of the appli-
cant/developer.
PASSED and APPROVED on
September 19,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid:$113.10
Sept.23,2023 328942