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HomeMy WebLinkAboutOrdinance 6709 111111111111111111111111111111111111111111111111111111 Doc ID: 021402460006 Type: REL Kind: ORDINANCE °` FJ Recorded: 12/29/2023 at 12:33:38 PM Fee Amt: $40.00 Palle 1 of 6 Washington County, AR Kyle Sylvester Circuit Clerk File2023-00033403 aq 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6709 File Number: 2023-1223 VACATION-2023-0011: (2417 N.SHILOH DR./LEWIS BROTHERS LEASING CO.,286): AN ORDINANCE TO APPROVE VAC 23-I 1 FOR PROPERTY LOCATED AT 2417 NORTH SHILOH DRIVE IN WARD 2 TO VACATE PORTIONS OF STREET RIGHT-OF-WAY TOTALING 0.28 ACRES 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 portions of street right-of-way are 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 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. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. Easements shall be dedicated as requested by Black Hills Energy and AT&T to ensure that those entities maintain their right to access existing facilities. 3. A drainage easement shall be dedicated over the proposed stormwater pipe within the area where right-of-way is proposed to be vacated. PASSED and APPROVED on November 21,2023 Page 1 Ordinance: 6709 File Number.' 2023-1223 Approved: Page 2 Attest: Kara Paxton, City lerk Treasurer 10 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $138.32 VAC-2023-0011 Close Up View Neighborhood Link Freeway/Expressway Unclassified Alley Residential Link Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District 2417 N. S H I LO H DR I VAC-2023-0011 EXHIBIT 'A' I / � z DANI L•N C CPZD N SWARD DR Z AL• L• EY 2500 Subject Property MIL•L•ION•LN-' Q LN Feet 0 75 150 300 450 600 1.2,400 IO w O J X O LL &I ,.aRTH Residential -Agricultural RMF-24 1-1 Heavy Commercial and Light Industrial C-2 Neighborhood Services - Gen. Commercial, Industrial, Residential VAC-2023-0011 EXHIBIT 'B' RIGHT-OF-WAY DESCRIPTION PER 1000-280 PROPERTY DESCRIPTION: SIXTY ACRES OF EQUAL WIDTH OFF OF THE EAST SIDE OF THE WEST HALF OF THE NORTHWEST QUARTER; 30 ACRES OF EQUAL WIDTH OFF OF THE EAST SIDE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; 5 ACRES OF EQUAL WITH OFF OF THE WEST END OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND 15 ACRES OF EQUAL WITH OFF OF THE EAST SIDE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; ALL IN SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST. EASEMENT DESCRIPTION: THIRTY (30) FEET OF EQUAL AND UNIFORM WIDTH OFF OF THE WEST SIDE OF THE ABOVE DESCRIBED PROPERTY OR 30 FEET OF EQUAL WIDTH FROM THE EXISTING CENTERLINE OF DEANE SOLOMON ROAD; WHICHEVER IS GREATER, AND ALSO, 25 FEET OF EQUAL AND UNIFORM WITH OFF OF THE SOUTH SIDE OF THE ABOVE DESCRIBED PROPERTY OR TWENTY-FIVE (25) FEET OF EQUAL WIDTH FROM THE CENTERLINE OF MOORE LANE, WHICHEVER IS GREATER. RIGHT-OF-WAY VACATION DESCRIPTION: BEGINNING AT THE NORTHEAST CORNER OF THE RIGHT-OF-WAY DEDICATION ALONG MOORE LANE, DESCRIBED IN DOCUMENT 1000-280 (POB); THENCE ALONG THE EASTERLY LINE OF THE RIGHT-OF-WAY DEDICATION, S02°51'22"W, 10.95 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, N87°09'28"W, 2.74 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, S02°09'57"W, 16.70; THENCE LEAVING SAID EASTERLY LINE, ALONG THE SOUTHERLY LINE OF THE RIGHT-OF-WAY DEDICATION, N87°19'51"W, 131.79 FEET TO THE MASTER STREET PLAN RIGHT-OF-WAY; THENCE LEAVING SAID SOUTHERLY LINE, ALONG SAID MASTER STREET PLAN RIGHT-OF-WAY, ALONG A NONTANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 51.02 FEET, SAID CURVE HAVING A RADIUS OF 173.65 FEET, AND A CHORD BEARING AND DISTANCE OF N58°36'11"E, 50.84 FEET; THENCE LEAVING SAID MASTER STREET PLAN RIGHT-OF-WAY, S86°48'25"E, 92.31 FEET TO THE POINT OF BEGINNING (POB). CONTAINING 3080 SQUARE FEET, 0.07 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS- OF-WAY, OR COVENANTS OF RECORD. 4 :l[el:IffelnVITITY&9]16Yy3121[•]►1all A]WAF&A :l[el:IIre] &TAli\'11]11.][4felIre] ►101161t *h]12Ire] ► APART OF THE SW 1/4 OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST IN WASH INGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE NW CORNER SECTION 33 AND RUNNING THENCE S02°28'26"W 1816.10 FEET, THENCE S02°30'44"W 1794.93 FEET, THENCE S87°20'53"E 358.50 FEET, THENCE S89°13'36"E 1292.82 FEET, THENCE S02°26'52"W 687.50 FEET, THENCE N86°23'03"W 32.63 FEET, THENCE S01°24'08"W 90.37 FEET TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE S01°24'08"W 122.67 FEETTO THE BEGINNING OF A NON -TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 395.02 FEET, AN ARC LENGTH OF 86.08 FEET, AND WHOSE LONG CHORD BEARS S07°38'42"W 85.91 FEETTO THE BEGINNING OF A NON -TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 54.71 FEET, AN ARC LENGTH OF 75.73 FEET, AND WHOSE LONG CHORD BEARS S53°32'26"W 69.83 FEET, THENCE N86°48'25"W 108.30 FEET TO THE BEGINNING OF A NON -TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN ARC LENGTH OF 172.59 FEET, AND WHOSE LONG CHORD BEARS N53°38'21"E 159.20 FEET TO A POINT OF INTERSECTION WITH A NON -TANGENTIAL LINE, THENCE N14°05'07"E 91.04 FEET TO THE BEGINNING OF A NON -TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET, AN ARC LENGTH OF 67.29 FEET, AND WHOSE LONG CHORD BEARS N25°06'02"E 66.87 FEET TO THE POINT OF BEGINNING CONTAINING 0.25 ACRES MORE OR LESS. RIGHT-OF-WAY VACATION DESCRIPTION: COMMENCING (POC) AT THE NORTHERLY PROPERTY CORNER OF PARCEL; THENCE ALONG THE EASTERLY LINE OF PARCEL, S01°24'08"W, 122.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, S01°24'08"W, 0.57 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, ALONG A TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 86.08 FEET, SAID CURVE HAVING A RADIUS OF 395.02 FEET, AND A CHORD BEARING AND DISTANCE OF S07°38'43"W, 85.91 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, ALONG A COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 74.49 FEET, SAID CURVE HAVING A RADIUS OF 54.71 FEET, AND A CHORD BEARING AND DISTANCE OF S52°53'37"W, 68.87 FEETTO THE MASTER STREET PLAN RIGHT-OF-WAY; THENCE ALONG SAID MASTER STREET PLAN RIGHT-OF-WAY, ALONG A NONTANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 109.10 FEET, SAID CURVE HAVING A RADIUS OF 173.65 FEET, AND A CHORD BEARING AND DISTANCE OF N32°10'50"E, 107.31 FEET; THENCE CONTINUING ALONG SAID MASTER STREET PLAN RIGHT-OF-WAY, N14°11'17"E, 37.59 FEETTO THE POINT OF BEGINNING (POB). CONTAINING 1593 SQUARE FEET, 0.04 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. RIGHT-OF-WAY DESCRIPTION PER 886-567 TWENTY-FIVE FEET OF EQUAL AND UNIFORM WIDTH ALONG THE WEST SIDE OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SE QUARTER OF THE SW QUARTER OF SECTION 33, T17N, R30W, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS 330.81 FEET EAST AND 677.20 FEET NORTH OF THE SW CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 00 DEGREES 13' EAST 156.68 FEET; THENCE SOUTH 89 DEGREES 45' EAST 549.96 FEET, THENCE SOUTH 27 DEGREES 32' WEST 173.98 FEET; THENCE WEST 470.13 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY DESCRIPTION PER 886-569 TWENTY-FIVE FEET OF EQUAL AND UNIFORM WIDTH ALONG THE NORTH 40 FEET OF THE WEST SIDE OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SE QUARTER OF THE SW QUARTER OF SECTION 33, T17N, R30W, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS 330.81 FEET EAST OF THE SW CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 89 DEGREES 24' EAST 81.60 FEET; THENCE NORTH 30 DEGREES 58' EAST 540.20 FEET; THENCE NORTH 27 DEGREES 32' EAST 241.41 FEET; THENCE WEST 470.13 FEET, THENCE SOUTH 00 DEGREES 13' WEST 270.00 FEET; THENCE SOUTH 407.20 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY DESCRIPTION PER 93-48298 A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION THIRTY-THREE (33), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT WHICH IS 330.81 FEET EAST AND 688.88 FEET NORTH OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE N00°13'00" E 145.00 FEET; THENCE 589°45'00" E 17 FEET; THENCE 500°13'00" W 145.22 FEET TO AN EXISTING FENCE; THENCE N89°00'48" W ALONG SAID FENCE 17 FEET TO THE POINT OF BEGINNING, CONTAINING 0.057 ACRES,MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was filed on 12/29/2023 12:33:38 PM and recorded in Real Estate File Number 2023-00033403 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 21, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner DATE: CITY COUNCIL MEMO 2023-1223 SUBJECT: VAC-2023-0011: Vacation (2417 N. SHILOH DR./LEWIS BROTHERS LEASING CO., 286): Submitted by CLARK LAW FIRM PLLC for property located at 2417 N. SHILOH DR. in WARD 2. The property is zoned C-2, THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 22.76 acres. The request is to vacate portions of street right-of-way totaling 0.28 acres. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of VAC-2023-0011 as shown in the attached Exhibits 'A' and 'B', with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense, 2. Easements shall be dedicated as requested by Black Hills Energy and AT&T to ensure that those entities maintain their right to access existing facilities, and 3. A drainage easement shall be dedicated over the proposed stormwater pipe within the area where right-of- way is proposed to be vacated. BACKGROUND: The subject property is located in northwest Fayetteville just southwest of the intersection of Shiloh Drive and Moore Lane. The property encompasses multiple parcels totaling roughly 22.76 acres which are currently under development as the new Lewis Automotive Mall. A portion of the property at the westernmost extent was rezoned in 2021 to C-2, Thoroughfare Commercial, subject to a Bill of Assurance (Ordinance 6513) which increased the landscaping requirement along Deane Solomon Road and Moore Lane. Request: The applicant proposes to vacate portions of right-of-way along Moore Lane totaling 0.28 acres. The land within the right-of-way proposed to be vacated is currently undeveloped. Prior to 2019, the area was the location of Moore Lane's alignment. Public Comment: Staff received one inquiry about this request, though no support or opposition to the vacation was offered. DISCUSSION: Staff is supportive of the requested right-of-way vacation. Moore Lane was realigned in 2018 as part of the Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 development of the Timber Ridge Estates Subdivision and, as a result, the segment of the street which previously bisected the subject right-of-way was shifted farther west. Staff finds that, from a land use planning perspective, maintaining the subject right-of-way no longer serves the public interest since the existing right-of- way along Moore Lane is wider than what is required by the Master Street Plan. Similarly, the right-of-way is not necessary to support Goal #3 of City Plan 2040, by helping to create a complete, compact, and connected street network, particularly given the limitation on future street connections to the south and east due to active redevelopment of adjacent property for Lewis Automotive. At the October 23, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded this item to City Council with a recommendation of approval, with conditions. Commissioner Brink made the motion and Commissioner Sparkman seconded it. Commissioners found the request to be appropriate and offered little comment on the item, recommending that an additional condition be added to accommodate stormwater infrastructure. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) 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 #: 2023-1223 VAC-2023-0011: Vacation (2417 N. SHILOH DR./LEWIS BROTHERS LEASING CO., 286): Submitted by CLARK LAW FIRM PLLC for property located at 2417 N. SHILOH DR. in WARD 2. The property is zoned C-2, THOROUGHFARE COMMERCIAL & I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 22.76 acres. The request is to vacate portions of street right-of-way totaling 0.28 acres. AN ORDINANCE TO APPROVE VAC 23-11 FOR PROPERTY LOCATED AT 2417 NORTH SHILOH DRIVE IN WARD 2 TO VACATE PORTIONS OF STREET RIGHT-OF-WAY TOTALING 0.28 ACRES 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 portions of street right-of- way are 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 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. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. Easements shall be dedicated as requested by Black Hills Energy and AT&T to ensure that those entities maintain their right to access existing facilities. 3. A drainage easement shall be dedicated over the proposed stormwater pipe within the area where right-of-way is proposed to be vacated. Page 1 Ordinance: 6709 File Number: 2023-1223 Page 2 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1223 Item ID 11/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/3/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2023-0011: Vacation (2417 N. SHILOH DR./LEWIS BROTHERS LEASING CO., 286): Submitted by CLARK LAW FIRM PLLC for property located at 2417 N. SHILOH DR. in WARD 2. The property is zoned C-2, THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 22.76 acres. The request is to vacate portions of street right-of-way totaling 0.28 acres. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: VAC-2023-0011 EXHIBIT 'B' RIGHT-OF-WAY DESCRIPTION PER 1000-280 a;Zi]»:2CA11*0o1*1li9us] ►E SIXTY ACRES OF EQUAL WIDTH OFF OF THE EAST SIDE OF THE WEST HALF OF THE NORTHWEST QUARTER; 30 ACRES OF EQUAL WIDTH OFF OF THE EAST SIDE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; 5 ACRES OF EQUAL WITH OFF OF THE WEST END OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND 15 ACRES OF EQUAL WITH OFF OF THE EAST SIDE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; ALL IN SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST. EASEMENT DESCRIPTION: THIRTY (30) FEET OF EQUAL AND UNIFORM WIDTH OFF OF THE WEST SIDE OF THE ABOVE DESCRIBED PROPERTY OR 30 FEET OF EQUAL WIDTH FROM THE EXISTING CENTERLINE OF DEANE SOLOMON ROAD; WHICHEVER IS GREATER, AND ALSO, 25 FEET OF EQUAL AND UNIFORM WITH OFF OF THE SOUTH SIDE OF THE ABOVE DESCRIBED PROPERTY OR TWENTY-FIVE (25) FEET OF EQUAL WIDTH FROM THE CENTERLINE OF MOORE LANE, WHICHEVER IS GREATER. RIGHT-OF-WAY VACATION DESCRIPTION: BEGINNING AT THE NORTHEAST CORNER OF THE RIGHT-OF-WAY DEDICATION ALONG MOORE LANE, DESCRIBED IN DOCUMENT 1000-280 (POB); THENCE ALONG THE EASTERLY LINE OF THE RIGHT-OF-WAY DEDICATION, S02°51'22"W, 10.95 FEET, THENCE CONTINUING ALONG SAID EASTERLY LINE, N87°09'28"W, 2.74 FEET, THENCE CONTINUING ALONG SAID EASTERLY LINE, S02°09'57"W, 16.70; THENCE LEAVING SAID EASTERLY LINE, ALONG THE SOUTHERLY LINE OF THE RIGHT-OF-WAY DEDICATION, N87°19'51"W, 131.79 FEET TO THE MASTER STREET PLAN RIGHT-OF-WAY; THENCE LEAVING SAID SOUTHERLY LINE, ALONG SAID MASTER STREET PLAN RIGHT-OF-WAY, ALONG A NONTANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 51.02 FEET, SAID CURVE HAVING A RADIUS OF 173.65 FEET, AND A CHORD BEARING AND DISTANCE OF N58°36'11"E, 50.84 FEET; THENCE LEAVING SAID MASTER STREET PLAN RIGHT-OF-WAY, S86°48'25"E, 92.31 FEET TO THE POINT OF BEGINNING (POB). CONTAINING 3080 SQUARE FEET, 0.07 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS - OF -WAY, OR COVENANTS OF RECORD. CITY OF FAYETTEVILLE WO-1111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: October 23, 2023 (updated with results) SUBJECT: VAC-2023-0011: Vacation (2417 N. SHILOH DR./LEWIS BROTHERS LEASING CO., 286): Submitted by CLARK LAW FIRM PLLC for property located at 2417 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 22.76 acres. The request is to vacate portions of street right-of-way totaling 0.28 acres. RECOMMENDATION: Staff recommends forwarding VAC-2023-0011 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: `7 move to forward VAC-2023-0011 to City Council with a recommendation of approval and with conditions as outlined by staff." BACKGROUND: The subject property is located in northwest Fayetteville just southwest of the intersection of Shiloh Drive and Moore Lane. The property encompasses multiple parcels totaling roughly 22.76 acres which are currently under development as the new Lewis Automotive Mall. A portion of the property at the westernmost extent was rezoned in 2021 to C-2, Thoroughfare Commercial, subject to a Bill of Assurance (Ordinance 6513) which increased the landscaping requirement along Deane Solomon Road and Moore Lane. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Multi -Family Residential CPZD, Commercial Planned Zoning District South Commercial 1-1, Heavy Commercial and Light Industrial East Commercial C-2, Thoroughfare Commercial West Multi -Family Residential CPZD, Commercial Planned Zoning District Proposal: The applicant proposes to vacate portions of right-of-way along Moore Lane totaling 0.28 acres. The land within the right-of-way proposed to be vacated is currently undeveloped. DISCUSSION: Staff is supportive of the requested right-of-way vacation. Moore Lane was realigned in 2018 as part of the development of the Timber Ridge Estates Subdivision and, as a result, the segment of the street which previously bisected the subject right-of-way was shifted farther west. Staff finds that, from a land use planning perspective, maintaining the subject right-of-way no longer serves to support Goal #3 of City Plan 2040, by helping to create a complete, compact, and connected street network, since the existing right-of-way along Moore Lane is wider than what is required by the Master Street Plan and since future street connections to the south and east are not likely at this time given the active redevelopment of the property to the southeast for Lewis Automotive. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. The applicant has also obtained approval from the other property owner adjacent to the right-of-way proposed to be vacated with no objections. 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, provided that a 10-foot utility easement be maintained and centered along the existing gas line. AT&T No objections, provided that AT&T retain easement rights to an area including five feet on either side of all existing placed underground cables that are within the right-of-way proposed to be vacated. Ozarks Electric Citv of Favetteville Water/Sewer Solid Waste & Recycling Transportation No objections and no comments. Response No objections and no comments. No objections and no comments. No objections and no comments. Public Comment: Staff received one inquiry about this request, though no support or opposition to the vacation has been offered. RECOMMENDATION: Staff recommends forwarding VAC-2023-0011 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. Easements shall be dedicated as requested by Black Hills Energy and AT&T to ensure that those entities maintain their right to access existing facilities. PLANNING COMMISSION ACTION: Required YES (Date: October 23, 2023 O Tabled ® Forwarded O Denied as recommended by staff with added Motion: Brink condition that a drainage easement be dedicated over proposed stormwater pipe Second: Sparkman within the area where R/W is proposed to be vacated. Vote: 9-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • Applicant Petition to Vacate • Survey — Right-of-way to be Vacated • One Mile Map • Close -Up Map • Current Land Use Map CLARK LAW FIRM SEPTEMBER 12, 2023 City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Attn: Planning Commission and City Council 121 West South Street PO Box 4248 Fayetteville, Arkansas 72702-4248 Tel: (479) 856-6380 Fax: (479) 856-6381 Suzanne G. Clark sclark@clark-firm.com Re: Right -of -Way Vacation Application— Old Moore Lane Clark Law Firm represents Lewis Brothers Leasing Company, Inc. ("Lewis Bros.") regarding its application to vacate Old Moore Lane, which is more fully described in the attached Survey Exhibits, and which include ROW 1000-280; ROW 23-277; ROW 886-567; ROW 886- 569; and ROW 93-48298. This vacation request is a part of Lewis Bros.' automotive dealership development. The property to be vacated is not an arterial or collector street and is, in fact, no longer used by the public With the development of W. Moore Lane, the rights -of -way to be vacated are not in use, nor are they necessary. Vacating the described property will not result in a lack of access to the public and will not result in a disruption to pedestrians, bicycle traffic or vehicle traffic. All utility companies have provided their approval of the vacation. Therefore, the public interest and welfare would not be adversely affected by the abandonment of the described property. I request the Petition to Vacate Old Moore Lane, as more particularly described in the attached documents, be passed with a recommendation for approval by the City Council. We are happy to provide any additional information that is needed or that may be helpful upon your review of the petition. Thank you for your consideration and please let me know if you have any questions. Sincerely, Is/Suzanne G. Clark Suzanne G. Clark PETITION PETITION TO VACATE A SECTION OF OLD MOORE LANE LOCATED BETWEEN W. MOORE LANE AND SHILOH DRIVE IN THE CITY OF- FAYETTEVILLE, ARKANSAS AND INCLUDING PORTIONS OF ROW 1000- 208; ROW 23-277; ROW 886-567; ROW 886-569; AND ROW 93-48296 TO: The Fayetteville City Planning Commission and The Fayetteville City Council I, the undersigned, as authorized Representative of Lewis Brothers Leasing Company, Inc. which has an interest in the property herein described, and with the consent of the owners of the real estate described and abutting property described herein as Old Moore Lane, hereinafter sought to be abandoned and vacated, lying between W. Moore Lane and Shiloh Drive in the City of Fayetteville, Arkansas, a municipal corporation, petition the City of Fayetteville to vacate the referenced property, which is described as follows: RIGHT-OF-WAY DESCRIPTION PER 1000-280 BEGINNING AT THE NORTHEAST CORNER OF THE RIGHT-OF-WAY DEDICATION ALONG MOORE LANE, DESCRIBED IN DOCUMENT 1000-280 (POB); THENCE ALONG THE EASTERLY LINE OF THE RIGHT-OF-WAY DEDICATION, S02°51'22"W, 10.95 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, N87°09'28"W, 2.74 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, S02°09'57"W, 16.70; THENCE LEAVING SAID EASTERLY LINE, ALONG THE SOUTHERLY LINE OF THE RIGHT- OF-WAY DEDICATION, N87.19-51 "W, 131.79 FEET TO THE MASTER STREET PLAN RIGHT- OF-WAY; THENCE LEAVING SAID SOUTHERLY LINE, ALONG SAID MASTER STREET PLAN RIGHT- OF-WAY, ALONG A NONTANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 51.02 FEET, SAID CURVE HAVING A RADIUS OF 173.65 FEET, AND A CHORD BEARING AND DISTANCE OF N58-36'11"E, 50.84 FEET; THENCE LEAVING SAID MASTER STREET PLAN RIGHT-OF-WAY, S86°48'25"E, 92.31 FEET TO THE POINT OF BEGINNING (POB). CONTAINING 3080 SQUARE FEET, 0.07 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. RIGHT-OF-WAY DESCRIPTION PER 23-277 COMMENCING (POC) AT THE NORTHERLY PROPERTY CORNER OF PARCEL; THENCE ALONG THE EASTERLY LINE OF PARCEL, SOI'24'08"W, 122.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE, SO1°24'08"W, 0.57 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, ALONG A TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 86.08 FEET, SAID CURVE HAVING A RADIUS OF 395.02 FEET, AND A CHORD BEARING AND DISTANCE OF S07"38'43"W, 85.91 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE, ALONG A COMPOUND CURVE TO THE RIGHT, AN ARC DISTANCE OF 74.49 FEET, SAID CURVE HAVING A RADIUS OF 54.71 FEET, AND A CHORD BEARING AND DISTANCE OF S52°53'37"W, 68.87 FEET TO THE MASTER STREET PLAN RIGHT-OF-WAY; THENCE ALONG SAID MASTER STREET PLAN RIGHT-OF-WAY, ALONG A NONTANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 109.10 FEET, SAID CURVE HAVING A RADIUS OF 173.65 FEET, AND A CHORD BEARING AND DISTANCE OF N32°10'50"E, 107.31 FEET; THENCE CONTINUING ALONG SAID MASTER STREET PLAN RIGHT-OF-WAY, N14-11'17"E, 37.59 FEET TO THE POINT OF BEGINNING (POB). CONTAINING 1593 SQUARE FEET, 0.04 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD. RIGHT-OF-WAY DESCRIPTION PER 886-567 TWENTY-FIVE FEET OF EQUAL AND UNIFORM WIDTH ALONG THE WEST SIDE OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SE QUARTER OF THE SW QUARTER OF SECTION 33, T17N, R30W, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS 330.81 FEET EAST AND 677.20 FEET NORTH OF THE SW CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 00 DEGREES IT EAST 156.68 FEET; THENCE SOUTH 89 DEGREES 45' EAST 549.96 FEET; THENCE SOUTH 27 DEGREES 32' WEST 173.98 FEET; THENCE WEST 470,13 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY DESCRIPTION PER 886-569 TWENTY-FIVE FEET OF EQUAL AND UNIFORM WIDTH ALONG THE NORTH 40 FEET OF THE WEST SIDE OF THE FOLLOWING DESCRIBED PROPERTY: A PART OF THE SE QUARTER OF THE SW QUARTER OF SECTION 33, T17N, R30W, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS 330.81 FEET EAST OF THE SW CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE NORTH 89 DEGREES 24' EAST 81.60 FEET; THENCE NORTH 30 DEGREES 58' EAST 540.20 FEET; THENCE NORTH 27 DEGREES 32' EAST 241.41 FEET; THENCE WEST 470.13 FEET; THENCE SOUTH 00 DEGREES IT WEST 270.00 FEET; THENCE SOUTH 407.20 FEET TO THE POINT OF BEGINNING. RIGHT-OF-WAY DESCRIPTION PER 93-48298 A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE SOUTHWEST QUARTER (SWI/4) OF SECTION THIRTY-THREE (33), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 330.81 FEET EAST AND 688.88 FEET NORTH OF THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT; THENCE N00° 13'00" E 145.00 FEET; THENCE 589°45'00" E 17 FEET; THENCE 500°13'00" W 145.22 FEET TO AN EXISTING FENCE; THENCE N89°00'48" W ALONG SAID FENCE 17 FEET TO THE POINT OF BEGINNING, CONTAINING 0.057 ACRES,MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. That the abutting real estate affected by said abandonment of the Old Moore Lane described property in the 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 portions of the described rights -of -way. The petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the attached described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the attached described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the attached 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 12t' day of September, 2023. 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FAY ETTEwLLE, AR 72703 (479)--23)) s�o.V NOTED zvzvve 2 6 z,Kl,e sr- _, _a,um,a, � I I o ao£o,l�� <�� e �I _ > k �� I m @ m/G 0{{61 \\ > §)k ,)n ) k (\() /)\\; \ () o m , ( , , ; r) ,m 80 f )\0 m° \/\ (9m 9\ #a w :.:.:.:.:.:.:.:.:.:.OR :�. \ ) Ln 2 - :�:�:{ \ ..........:,:,...... ,:,:n @ ~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...... w...................... . :::: o.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..:.:.:.:....... ::::�:�:�: m ::::.............:: ::::::::':�:�:�:�:�:�:�:�:�:,:,:.:.. . <.... >.................................... 222222.222222222222222: c.............................................. §...............:.:.:.:.:.:.:: d `>,�k, � `��� | )§,_ )*>+;2 \:;@§$(ot !§\§;;MO §k>§(7\§7 \k(�§■§;3] \\\�\\z\ \ _ 1�,z. )( \ | )/// \�`� | )\)(k§) Im \� �\ Y VACATION ,Re_�� _ I �..3` | ��o�e �e_o \- EXHIBIT tee_ z,Kl,e sr- _, _a,um,a, � I I o ao£o,l�� <�� e �I _ > k �� I m @ m/G 0{{61 \\ > §)k ,)n ) k (\() /)\\; \ () o m , ( , , ; r) ,m 80 f )\0 m° \/\ (9m 9\ #a w :.:.:.:.:.:.:.:.:.:.OR :�. \ ) Ln 2 - :�:�:{ \ ..........:,:,...... ,:,:n @ ~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...... w...................... . :::: o.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..:.:.:.:....... ::::�:�:�: m ::::.............:: ::::::::':�:�:�:�:�:�:�:�:�:,:,:.:.. . <.... >.................................... 222222.222222222222222: c.............................................. §...............:.:.:.:.:.:.:: d § _ §!&/: \\\} | §§!)«23�,; _-® »A!r/)§m§; . f\;}//{ ;! \)k2q.0 ® ))/§§�§)(( km! | o -- ! ` i( §)j(k)\/k §2zT z, g _; :!` \\ 2z IGHT-OF-WAY VACATION ,R e_LANE _ | �..R �` | ��o�e LEWIS AUTO �\�- EXHIBIT tee���� VAC-2023-0011 2417 N. S H I LO H DR One Mile View NORTH 0 0.13 0.25 0.5 Miles ti ♦ 1 = i % I CPZD / I / I I I Subject Property RMF-24 I I C � I RSF-4 0 NS-G / 0 � I Z } p 1 / 1 / 1 y 1 % 1� ,1 /1 1 C-1 % 1 1 MOUNT MFORT Rp -----i 1 P-1 , ♦ R- I j ZyQ / RI-U W � — 1_1 X, / a10 w 2 I W zoning-z General ma�elrial RESIDENT IALSINGLE-FAMILY EXTRACTION I NSG M E-1 ----- - MRI-COMMERCIAL Il RI-12 Resitlenlial-OFce - ❑ r - NS-L C-1 M RBsitlenYBl-Agricunural M C-2 RSIs M C-3 _ RSF-1 FORM BASED DISTRICTS RSF? 1M Downtown co. Regional Link Planned Residential Link RSF< =Urban Tlwrou fal Re M Maln sheet Center Neighborhood Link — — Shared -Use Paved Trail RSFA Dmm— General RSF-1a Community Servi.s Institutional Master Plan — — Trail(Proposed) RESIDENTIAL MULTI -FAMILY Neighborhootl Servkes Freeway/Expressway _ _ Design Overlay District 0 RMF. M Neighborhood cons J. RMF-12 PLANNED ZONING DISTRICTS Unclassified 1 1 Fayetteville City Limits RMF-1a RMF-2C PLCommercial. Intlusl DI TRICTS Alley 1 1Planning Area ---- Planning Area ---- - ___ INSTITUTIONAL r RMF-CC _ R 1 Residential Link - - INDUSTRIAL Fayetteville City Limits - g I-1 Heavy Cammerclal aM Light lndoattlal VAC-2023-0011 Close Up View Neighborhood Link Freeway/Expressway Unclassified Alley Residential Link Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District 2417 N. SHILOH DR I / � z DANI L•N C CP7D N SWARD DR Z ALLEY 2500 Subject Property MIL•L•ION•LN-' Irmomr 0 N N Q LN Feet 0 75 150 300 450 600 1.2,400 IO w O J X O LL &I ,.aRTH Residential -Agricultural RMF-24 1-1 Heavy Commercial and Light Industrial C-2 Neighborhood Services - Gen. Commercial, Industrial, Residential VAC-2023-0011 2417 N. S H I LO H DR Current Land Use NORTH . era w Single -Family Residential _ r and Undeveloped � . rob,"-, Subject Property Single -Family Residential h4 i��� G A. E off r F� R� a ,� / L� � .t,�'' ,. � � 4 . ► '4k e�' , � �'. - F-C _.t nF w F - �i • _ _ ,y r / Undeveloped / f f . i Neighborhood Link Freeway/Expressway Unclassified Alley Residential Link — — - Trail (Proposed) Planning Area Fayetteville City Limits _ _ I Design Overlay District Feet 0 112.5 225 450 1:3,600 675 900 FEMA Flood Hazard Data iM1 too -Year Floodplain Floodway Form 0.41 N\/\iAea hiddo RECEIVE D Account #: N WCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI �0� �� Zfl23 113 W MOUNTAIN OF FAYETTEVILLE CLERK'S OFFICE FAYETTEVILLE, AR 72703 Ad number #: 350458 PO #: Matter of ORD 6709 AFFIDAVIT • STATE OFARKANSAS 1, Carla Gardner, do solemnly swear that I am the Finance Director of the NWA Democrat Gazette. a daily newspaper printed and published in WASH INGTON/B ENTON 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 6709 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 NWA Democrat Gazette for publication the sum of $138.32. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11126123; NWA nwaonline.com 11126123 Finance Director State of ARKANSAS, County of WASHINGTON, Subscribed and sworn to before me on this 27th day of November, 2023 NOTARY PUBLIC r►;`i�i' CATHERINE STAOGS Q P W COMMISSION N 12402772 EXPIRES: February ''•?:� M 2025 Washington County Ordinance: 6709 File Number: 2023-1223 VACATION-2023-0011:(2417 N. SHILOH DRJLEWIS BROTH- ERS LEASING CO., 286): AN ORDINANCE TO APPROVE VAC 23-11 FOR PROPERTY LO- CATED AT 2417 NORTH SHILOH DRIVE IN WARD 2 TO VACATE PORTIONS OF STREET RIGHT- OF-WAY TOTALING 0.28 ACRES 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 cor- porate purposes; and WHEREAS, the City Council has determined that the follow- ing described portions of street right-of-way are not required for 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 portions of street right-of- way as described in Exhibit B attached to the Planning De- partment's memo. Section 2: A copy of this Ordi- nance duly certified by the City Clerk along with the map at- tached as Exhibit A to the Plan- ning 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. Any damage to or reloca- tion of existing facilities will be at the property owner/devel- oper's expense. 2. Easements shall be dedi- cated as requested by Black Hills Energy and AT&T to ensure that those entities maintain their right to access existing facili- ties. 3. A drainage easement shall be dedicated Over the proposed stormwater pipe within the area where right-of-way is proposed to be vacated. PASSED and APPROVED on November 21, 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: $138.32 Nov. 26,2023 350458 RECEIVED NOV 2 7 2023 LE CIITOF CLERKS OFFIC CITYE.