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HomeMy WebLinkAboutOrdinance 67220 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6722 File Number: 2024-1727 Ooc ID: o"A"C'050003 Typ¢; qEl Klntl: OgOINA"E Fee Am,,: 03/f a/202a ai 1136: IS Arl Fee Amt: $trm2a.00 Papa I of 3 KylelgylvestermCllcuit clerk P1192024-00006151 VACATION-2024-0001: IN. BOB YOUNKIN DR. & W. DRAKE ST./LEGACY VENTURES NWA, 251) AN ORDINANCE TO APPROVE VAC 24-01 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST DRAKE STREET IN WARD 3 TO VACATE FIVE GENERAL UTILITY EASEMENTS TOTALING 0.108 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 general utility easements are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby vacates the general utility easements 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 or relocation of any existing facilities will be at the applicant's expense; 2. New easements must be granted to SWEPCO/AEP following utility routes and equipment layouts with easement plat; 3. The northernmost utility easement 23A-195 must retain at ]east 10 feet south of the existing sewer line based on the actual survey of that line. Utility easement will be verified with submittal of the easement plat; and 4. Duct paths most be provided from the street right-of-way of Bob Younkin to the individual units for AT&T. PASSED and APPROVED on March 5, 2024 Page 1 Ordinance: 6722 File Number: 2024-1727 Attest 0111111111111 � .` G• \TY •s' :FAYETTEVILLE;� lz • � . i�G ; ON;; This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ (60.4B Page 2 VAC-2024-0001 N. BOB YO U N KI N DR & W. Close Up View DRAKE S T z m v X R1-12 -�-- ------------------ - - DRAKE ST - -N - - - DRAKE ST 10 0 Z R-O Subject Property z Y z M O z J z z D y BISHOP DR Neighborhood Link Unclassified Residential Link Planned Neighborhood Link Planning Area Fayetteville City Limits - - - Trail (Proposed) USTA DR Feet 0 75 150 300 450 600 1:2,400 z J J O a c.� z Q co M co L ""'l""""'NORTH RI-12 RM F-24 Residential -Office Community Services Washington County, AR I certify this instrument was filed on 03/18/2024 11:36:15 AM and recorded in Real Estate File Number 2024-00006151 Kyle Sylvester - Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 5, 2024 CITY COUNCIL MEMO 2024-1727 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0001: Vacation (N. BOB YOUNKIN DR. & W. DRAKE STJLEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES, LLC for property located at N. BOB YOUNKIN DR. & W. DRAKE ST. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with a total of 3.37 acres. The request is to vacate a total of 0.108 acres of general utility easements. RECOMMENDATION: Staff recommends approval of VAC-2024-0001 as shown in the attached Exhibits 'A' and 'B', and with the following conditions of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. 2. New easements must be granted to SWEPCO/AEP following utility routes and equipment layouts with easement plat. 3. The northernmost utility easement 23A-195 must retain at least 10 feet south of the existing sewer line based on the actual survey of that line. Utility easement will be verified with submittal of the easement plat. 4. As described in discussions with developers, duct paths must be provided from the street right-of-way of Bob Younkin to the individual units for AT&T. BACKGROUND: The subject property is in north Fayetteville and contains three parcels (765-24866-000, 765-24865-000, and 765-24864-000) that are approximately 1.16, 1.15, and 1.06 acres. A property line adjustment has been approved to combine all three parcels into a total of 3.37 acres but has not yet been recorded. The site is currently undeveloped. A large-scale development (LSD-2023-0009) was approved in September 2023 for the subject property including thirty-two residential structures totaling sixty-four dwelling units. A separate ROW vacation request will be heard at a later date. Request: The applicant proposes to vacate four existing 20' x 40' existing general utility easements generally aligning with the existing parcel boundaries and a 9' portion of a general utility easement along N. Bishop Dr. These easements are required to be vacated in order to continue with the associated large-scale development project. DISCUSSION: The applicant submitted the required approvals with no objections, though with added conditions from franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 recommends approval. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Request Letter (#6), Petition to Vacate (#7), Survey (#8) 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 #: 2024-1727 VAC-2024-0001: Vacation (N. BOB YOUNKIN DR. & W. DRAKE STJLEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES, LLC for property located at N. BOB YOUNKIN DR. & W. DRAKE ST. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with a total of 3.37 acres. The request is to vacate a total of 0.108 acres of general utility easements. AN ORDINANCE TO APPROVE VAC 24-01 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST DRAKE STREET IN WARD 3 TO VACATE FIVE GENERAL UTILITY EASEMENTS TOTALING 0.108 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 general utility easements 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 general utility easements 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 or relocation of any existing facilities will be at the applicant's expense; 2. New easements must be granted to SWEPCO/AEP following utility routes and equipment layouts with easement plat; 3. The northernmost utility easement 23A-195 must retain at least 10 feet south of the existing sewer line based on the actual survey of that line. Utility easement will be verified with submittal of the easement plat; and 4. Duct paths must be provided from the street right-of-way of Bob Younkin to the individual units for AT&T. Page 1 Ordinance: 6722 File Number: 2024-1727 Page 2 City of Fayetteville Staff Review Form 2024-1727 Legistar File ID 3/5/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/16/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0001: Vacation (N. BOB YOUNKIN DR. & W. DRAKE ST./LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES, LLC for property located at N. BOB YOUNKIN DR. & W. DRAKE ST. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with a total of 3.37 acres. The request is to vacate a total of 0.108 acres of general utility easements. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: BLEWVAC-2024-0001 EXHIBIT 'B' Surveying I Engineering Environmental 9.0' UTILITY EASEMENT VACATION: A PORTION OF LOT 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A, AT PAGE 195, BEING DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 11.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°27'26" WEST 9.00 FEET, THENCE NORTH 87°36'13" WEST 156.51 FEET TO A FOUND 1/2" REBAR CAPPED "PS 1349"; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, WITH A RADIUS OF 20.00 FEET, WITH A CHORD BEARING AND DISTANCE OF NORTH 16°07'51" EAST 9.26 FEET; THENCE SOUTH 87°36'13" EAST 154.32 FEET TO THE POINT OF BEGINNING. CONTAINING 1,402 SQUARE FEET OR 0.032 ACRES, MORE OR LESS. 20'x40' UTILITY EASEMENT 1 VACATION: A PORTION OF LOTS 8 & 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A, AT PAGE 195, BEING DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 314.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°27'26" WEST 20.00 FEET, THENCE NORTH 87°15'39" WEST 40.00 FEET; THENCE NORTH 02°27'26" EAST 20.00 FEET, THENCE SOUTH 87°15'39" EAST 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS. 20'x40' UTILITY EASEMENT 2 VACATION: A PORTION OF LOT 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A, 479 443 4506 O blewinc.com O Fayetteville, AR 72703 BLEWVAC-2024-0001 EXHIBIT 'B' Surveying I Engineering Environmental AT PAGE 195, BEING DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 324.99 FEET TO A SET 5/8" REBAR CAPPED "PLS 1659"; THENCE NORTH 87°15'39" WEST 116.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°15'39" WEST 40.00 FEET TO A FOUND 1/2" REBAR; THENCE NORTH 02°27'14" EAST 20.00 FEET, THENCE SOUTH 87°15'39" EAST 40.00 FEET, THENCE SOUTH 02°27'14" WEST 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS. 20'x40' UTILITY EASEMENT 3 VACATION: A PORTION OF LOTS 7 & 8, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A, AT PAGE 195, BEING DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 642.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 02°27'26" WEST 20.00 FEET, THENCE NORTH 87°15'39" WEST 40.00 FEET; THENCE NORTH 02°27'26" EAST 20.00 FEET, THENCE SOUTH 87°15'39" EAST 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS. 20'x40' UTILITY EASEMENT 4 VACATION: A PORTION OF LOT 7, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A, AT PAGE 195, BEING DESCRIBED AS FOLLOWS: COMMENCING AT FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 02°27'26" WEST 653.01 FEET TO A FOUND 1/2" REBAR; THENCE NORTH 87°15'39" WEST 116.46 FEET TO THE TRUE 479 443 4506 O blewinc.com O Fayetteville, AR 72703 BLEW Surveying I Engineering Environmental VAC-2024-0001 EXHIBIT 'B' POINT OF BEGINNING; THENCE SOUTH 02°27'14" WEST 20.00 FEET, THENCE NORTH 87°15'39" WEST 40.00 FEET; THENCE NORTH 02°28'52" EAST 20.00 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 87°15'39" EAST 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES, MORE OR LESS. 479 443 4506 O blewinc.com O Fayetteville, AR 72703 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 January 15, 2024 City of Fayetteville Planning Commission / City Council 125 West Mountain Street Fayetteville, AR 72701 RE: Appleby Landing Easement Vacation Request Dear Planning Commission and City Council, Please accept this written request to vacate various easement vacations as shown on the attached plat and impacting lots seven (7), eight (8) and nine (9) of the Appleby Landing subdivision. This is being done to facilitate the construction of our Midtown Landing community and is a condition of approval for LSD 2023-0009 and grading permit GIRD 2023-0104. All utilities have provided their approval in writing. Additionally, the lots mentioned above are the only ones impacted by this request. We feel by granting this Easement vacation will be the final step in a long entitlement process and pave the way for a wonderful new community providing much needed housing. This mid -town location with proximity to the medical core and main transportation corridors makes it an excellent location for this type of multifamily. Our plan is to build a diverse, dense mix of high quality multifamily residential units. This community will contain units ranging in both size and bedroom count as well as one- and two-story units. We are looking forward to developing a community that delivers high quality housing catering. And in doing so create a community that exemplifies urban planning and together leaving our Legacy one Venture at a time. Sincerely, Tim Brisiel (qftw LEGALYVENTURES PETITION TO VACATE A GENERAL UTILITY/WATER SEWER EASEMENT LOCATED IN (35-17N-30W), CITY OF FAYETTEVILLE, ARKANSAS TO: The City of Fayetteville Planning Commission The Fayetteville City Council We, the undersigned, being the owner for the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in (35-17N-30W), City of Fayetteville, Arkansas a municipal corporation, petition to vacate an easement which is described as follows: See attached legal description. That the abutting real estate affected by said abandonment of the easement are (35-17N-30W) 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 easements. 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 the respective benefit ad 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 sough 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 easements of the public for the use of said property. Dated this 15rd day of January, 2024 Tim Brisiel BOB YOUNKIN DRIVE LOCATED IM SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST WASHINGTON COUNTY, FAYETTEVILLE. AR 72703 DETAIL (NOT TO SCALE MISCELLANEOUS NOTES — — �o.a. w.m. wwrrwsrur.wvu..aaw„w,sua+o UTILITY INFORMATION ZONING INFORMATION� z� nu,+.wcar .,,rrays 41 •c,• snr.�e ,xn ___—� LEGEND 6 SYMBOLS e I * nsrw I I ® i p I I ® 1 A I j ■ LAND AREA j i 1 ' i ! 1 zaneo wrrz. i 1 1 I I i 1I 1 ` it s it u., m. m 1 1 I x.u�Q IIA 7%' nur z. �I i. I 1® zaueo%szr iI I — I i w oI I 'I I taro. nrva i CURVE TABLE .,s...„r,..rm LINE TABLE I I I I I I I I ' II® I I I I I RIGHT-OF-WAY & EASEMENT VACATION SURVEY N W E RECORD DESCRIPTION Form 0.44 N\/\tAom fiiddLa RECEIVED Account #: NWCL5004205 MAR 12 2024 Company: CITY OF FAYETTEVILLE-CLERKS OFFI Ct1YOF FAYETTEVILLE 113 W MOUNTAIN CITY CLERK'S OFWF FAYETTEVILLE, AR 72701 Ad number #: 382370 PO #: Matter of: Ord 6722 AFFIDAVIT • STATE OF ARKANSAS 1, Carla Gardner, do solemnly swear that I am the Finance Director of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON 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 6722 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 $150.48. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 03110124; NWA nwaonline.com 03110124 Finance Director State of ARKANSAS, County of WASHINGTON, Subscribed and sworn to before me on this 12th day of March, 2024 NOTARY PUBLIC �^:'r,'", CATHERINE STAGGS } MY COMMISSION M 12402T72 �.ti•. EXPIRES: February 28, 2025 Washington County Ordinance: 6722 File Number: 2024-1727 VACATION-2024-0001: (N. BOB YOUNKIN DR. & W. DRAKE ST./LEGACY VENTURES NWA, 251): AN ORDINANCE TO APPROVE VAC 24.01 FOR PROPERTY LO- CATED AT NORTH BOB YOUNKIN DRIVE AND WEST DRAKE STREET IN WARD 3 TO VACATE FIVE GENERAL UTILITY EASE- MENTS TOTALING 0.108 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 fallow- ing described general utility easements 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 general utility easements as described in Exhibit 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. Any damage or relocation of any existing facilities will be at the applicant's expense; 2. New easements must be granted to SWEPCO/AEP follow- ing utility routes and equipment layouts with easement plat; 3. The northernmost utility easement 23A-195 must retain at least 10 feet south of the ex- isting sewer line based on the actual survey of that line. Utility easement will be verified with submittal of the easement plat; and 4. Duct paths must be pro- vided from the street right-of- way of Bob Younkin to the individual units for AT&T. PASSED and APPROVED on March 5, 2024 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: $150.48 March 10,2024 382370