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HomeMy WebLinkAboutOrdinance 6842 C4 FAYtrrf II III 1111111111111111III „f Doc ID: 021983130004 Type: REL Kind: ORDINANCE Recorded: 02/27/2025 at 08:50:57 AM 4*KAws0 Fee Amt: $30.00 Page 1 of 4 Washington County, AR 113 West Mountain Street Kyle Sylvester Circuit Clerk Fayetteville, AR 72701 Fi1e2025-00004686 (479) 575-8323 Ordinance: 6842 File Number: 2025-150 VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP,LLC,444): AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET 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 street right-of-way 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 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 shall not be effective until the following conditions have been satisfied: 1. The applicant and/or property owner shall coordinate with AT&T to dedicate an easement to cover existing lines and necessary maintenance of those lines, to a minimum width of 10 feet on either side of the existing lines. 2. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right-of-way to the W. North Street right-of-way as shown in the survey attached as Exhibit C. Section 4: This vacation approval is subject to the following ongoing conditions: I. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained. Page 1 Ordinance: 6842 File Number: 2025-150 PASSED and APPROVED on February 18, 2025 Approved: Attest: ,IYE- y v Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $159.60 Page 2 VAC-2024-0027 Close Up View W Q J J W C z J Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 903 W. NORTH ST U HAZEL-ST NORTH'ST— HUGHES'ST W a G z a J Y a O -BERRY-ST- Feet 0 75 150 300 450 600 1:2,400 EXHIBIT A W W J 1-1 ■R 'J& NORTH RW RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 C-2 Community Services EXHIBIT B cl..2jD —A \ -9PEAS vdr/ •Engineers • Surveyors g Y 7230 S Pleasant Ridge Dr! Fayetteville,AR 72704 PH: (479)442-9350 I batesnwa.com LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION (NORTH STREET& OAKLAND AVENUE): A PART OF LOTS 1-4, BLOCK 2 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE,A PART OF LOTS 1 AND 2, BLOCK 3 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE AND A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, WASHINGTON COUNTY,ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT AN EXISTING REBAR ON THE EAST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE WHICH IS NO2°55'56"E 112.47' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2 OF ROSE HILL ADDITION AND RUNNING THENCE N86°50'37"W 50.00'TO THE WEST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE,THENCE ALONG SAID RIGHT-OF-WAY NO2°55'56"E 49.51'TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET,THENCE ALONG SAID RIGHT-OF-WAY N88°19'38"W 149.55', THENCE LEAVING SAID RIGHT- OF-WAY NO3°06'21"E 19.30',THENCE S89°03'07"E 185.37', THENCE N88°45'09"E 187.60' TO THE SOUTH MASTER STREET PLAN RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY S89°21'46"E 48.20' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY NORTH STORER,THENCE ALONG SAID RIGHT-OF- WAY S03°02'44"W 19.80'TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°07'22"W 17.32' TO AN EXISTING REBAR, S83°29'04"W 199.93'TO AN EXISTING REBAR, S01°25'59"W 35.00', N89°13'57"W 18.52'TO THE EAST PLATED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE,THENCE ALONG SAID RIGHT-OF-WAY S02°55'56"W 15.60' TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. Washington County, AR I certify this instrument was filed on 02/27/2025 08:50:57 AM and recorded in Real Estate File Number 2025-00004686 Kyle Sylvester - Circuit Clerk by . <. .......... CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2025 CITY COUNCIL MEMO 2025-150 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. in WARD 2. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2024-0027 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained; 3. Applicant and/or property owner shall coordinate with AT&T to identify dimension and location of necessary easement to cover existing lines and maintenance, to a minimum width of 10 feet on either side of the existing lines; and 4. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right-of-way to the W. North Street right-of-way as shown in the attached exhibit. BACKGROUND: The subject property is in central Fayetteville on W. North Street, approximately 500 feet east of the intersection with N. Garland Avenue. The property is right-of-way abutting parcels zoned R-O, Residential Office and RMF-24, Residential Multi -family, 24 Units per Acre, which overall contain approximately 0.50 acres. The parcel east of the property is developed with a 1700 sq. ft. vacant structure that County records indicate was used as a veterinary hospital. No overlay districts or other natural features are present on site, but there is an approximately 20% downward change in grade from north to south towards W. North Street, and there is significant tree canopy on the undeveloped portions of the site. Request: The applicant proposes to vacate a 0.24 acre portion of street right-of-way. The applicant intends to redevelop the site with a multi -family housing development. DISCUSSION: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Staff and the Commission support the applicant's request to vacate a portion of right-of-way. The right-of-way is 0.24 acres, and the proposed vacation would still provide the necessary right-of-way for W. North Street to meet the Master Street Plan for a Regional High -Activity Link Street. Any necessary street improvements will be fully determined at the time of the development proposal and may be required to be accommodated within the remaining right-of-way not affected by this vacation. However, in order to maintain consistency with City Plan 2040 goals of making compact, complete, and connected development the standard, staff recommends that an access easement is maintained to provide the opportunity for pedestrian connection from Oakland to W. North Street in the future. At the January 27, 2025 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval as part of the consent agenda by a vote of 7-0-0. Staff received comments from members of the public who had general concerns about the associated residential development on the site, particularly regarding the availability of parking in the area. No opposition was received related to the vacation itself, and no public comment was heard at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Planning Commission Staff Report (#7) 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 #: 2025-150 VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. in WARD 2. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of-way. AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LOCATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET 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 street right-of-way 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 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 shall not be effective until the following conditions have been satisfied: 1. The applicant and/or property owner shall coordinate with AT&T to dedicate an easement to cover existing lines and necessary maintenance of those lines, to a minimum width of 10 feet on either side of the existing lines. 2. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right- of-way to the W. North Street right-of-way as shown in the survey attached as Exhibit C. Section 4: This vacation approval is subject to the following ongoing conditions: Page 1 Ordinance: 6842 File Number: 2025-150 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained. Page 2 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-150 Item ID 2/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/31/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. in WARD 2. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF-24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of-way. 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: _ 3liVN03Ltl l3V 5 NOLL OUtl Z�N�OIB W —a b �� aa.ty° ♦v = _ _ = ts'aro'snwoo[at sesueysyaaina �aneio aBpia rve .Od=.l 31WJ6 IS 60 dl N a 38 ps avder Nd a' sao�tana ng • s�aaulliu3 %ds•d mwls�xa�awanavaNnoa - SIDBMs avxano aae :f y :aN3031 Srr .I-i �M �.....il l`.V3S_.f � Z1tlO/N3HW f1N DNIQNO'J9N _dOlAi'dNZe t7Ntl 96f1 aOd STAFF EXHIBIT Exhibit C I �O1S H=NON_ � GWMOHS'XtlW)'d'S'W N3d M/N'XtlW ZS "NIW 54-.L'ItlHdStl Z'IZ n (NW11tlllN3QI53tt)-dHN3Atl NNNOiS H.LNON .yz--------- -M/N-— I I " I I = I `I 1 u I I I ! I I Ig P W w �om�o I M.�- �a n I I I �uoseMssszalos s - L—m —I — — — .Lb'ZI I N.9SSfieZO N 8 3 g o 0 3 41 ..1 .ao+.. 61 z�'oaz°o3z aumo �FyQf oa 3-zF VI I aa�� 31 dswaadMiaavW.zs"Nrws4 °mO2�agz ° .l > ¢ .C1tlydStl Hd,OrM 31flYINtlA J ,WHO NO v .O ixVl'I'ItliLNdN6� NON3Ad ONtl1Ny0 H NON Z Z O y Z ,-q^„ O I-.— i t ..I 3���9 eZO N. � K kz< Cu�iO v. oA.i ---_— 3o1z MVd°wdSlxa koQm�¢��z �r l m�Fo�� ONN-o l °ao spa°o I oy�o� 3z3o " I aaw29o�gFoa �fo N zmo ovazsEn HP8,aooa o af0i Im zz z w �z Q N IP _ �0=3amx� U) " Ho rz-o =y : o°��h � I Izcu zffi 4 � °z fn co 3 ° 3a ow6a3�ao I H� oaz�d�mo^O�m I Fi=F �"m33x�a zw II I I I adFz��uP�4"zo oam x�o os�3og�r�az¢o I L-- 55'ES N„IZ,9peE0N"�,� ° I az6o^3°^yy�°� pay-m�z�Fzsoa I f � ockiQ°m„��3z��o� a �i'anmo�us�': �" o �<d�y�o�wia�< � y�JO'x=a°�3mz o�rx�r°Q M o4aT��'a3o�z Planning Commission January VAC-2024-0027 (JORDAN GROUP LLC) Page 10 of 13 CITY OF FAYETTEVILLE WO-11111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: January 13, 2025 Updated with final results SUBJECT: VAC-2024-0027: Vacation (903 W. NORTH ST/JORDAN GROUP LLC, 444): Submitted by HALBERT LAW OFFICE for property located at 903 W. NORTH ST. The property is zoned R-O, RESIDENTIAL -OFFICE and RMF- 24, RESIDENTIAL MULTIFAMILY, 24 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate 0.24 acres of right-of- way. RECOMMENDATION: Staff recommends forwarding VAC-2024-0027 to City Council with a recommendation of approval and with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2024-0027 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in central Fayetteville on W. North Street, approximately 500 feet east of the intersection with N. Garland Avenue. The property is zoned R-O, Residential Office and RMF- 24, Residential Multi -family, 24 Units per Acre, and overall contains approximately 0.50 acres. The eastern portion of the property is developed with a 1700 sq. ft. vacant structure that County records indicate was used as a veterinary hospital. No overlay districts or other natural features are present on site, but there is an approximately 20% change in grade moving as the property moves south from W. North Street, and there is significant tree canopy on the undeveloped portions of the site. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial/Mixed-Density Residential C-1, Neighborhood Commercial; C-2, Thoroughfare Commercial; CS, Community Services; RMF-24, Residential Multi -Family, 24 Units Per Acre South Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre West Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre Proposal: The applicant proposes to vacate a portion of street right-of-way adjacent to the north side of the subject property which totals approximately 0.24 acres. The applicant intends to redevelop the site with a multi -family housing development. DISCUSSION: Staff supports the applicant's request to vacate a portion of right-of-way. The right-of-way is 0.24 acres, and the proposed vacation would still provide the necessary right-of-way for W. North Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 1 of 13 Street to meet the master street plan for a Regional High -Activity Link Street. Any necessary street improvements will be fully determined at the time of the development proposal and may be required to be accommodated within the remaining right-of-way not affected by this vacation. However, in order to maintain consistency with City Plan 2024 goals of making compact, complete, and connected development the standard, staff recommends that an access easement is maintained to provide the opportunity for pedestrian connection from Oakland to W. North Street in the future. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. Utility Response Cox Communications No objections, provided that any damage or relocation of any Cox facilities will be at the applicant's expense. AEP/SWEPCO No objections, provided that the developer/builder ensures that equipment and construction personnel maintain minimum 10-foot clearance from overhead power lines at all times per OSHA rules. Black Hills Energy No objections and no comments. AT&T No objections, provided that the existing buried facilities need to be provided easements with a width of 10-feet on either side to cover their existence and AT&T maintenance. The aerial facilities that are going to need to be moved into the new right-of-way will require a "custom work order" to cover the costs of the AT&T relocations of existing to the new AEP poles. 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 comments from members of the public who had general concerns about the associated residential development on the site, the primary of which were centered around availability of parking in the area. No opposition was received related to the vacation itself. RECOMMENDATION: Staff recommends forwarding VAC-2024-0027 with the following conditions: Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A 10-foot minimum clearance from overhead powerlines shall always be maintained; Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 2 of 13 3. Applicant and/or property owner shall coordinate with AT&T to identify dimension and location of necessary easement to cover existing lines and maintenance, to a minimum width of 10 feet on either side of the existing lines; and 4. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right-of-way to the W. North Street right-of-way as shown in the attached exhibit. PLANNING COMMISSION ACTION: Required YES Date: January 27, 2025 O Tabled Forwarded O Denied Motion: Castin With all conditions as recommended by staff. Second: Werner 7-0-0 (on consent agenda BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • Applicant Petition to Vacate • Survey • Staff Exhibit • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 3 of 13 HALBERT LAW OFFICES ATTORNEYS AT LAW PO BOX 1272 FAYETTEVILLE AR 72702 PHONE (870) 572-3351 FAX (877) 450-0781 tripp@halbertlaw.net December 4, 2024 Dear Members of the Planning Commission and City Council, I am writing to formally present a request on behalf of the applicants/owners regarding the vacation of a street right-of-way and alley located at 903 W North St, Fayetteville, Arkansas. This request involves the right-of-way to the north of Parcel ID 765-10316-000 along W. North Street and the alley situated at the northernmost point of N. Oakland Ave. The intent of this request is to vacate these areas due to the City's lack of future use or need for the property. The abutting real estate, specifically PT LOT 1 BLOCK 2, ROSE HILL ADDITION, has been utilized by the public for many year. By vacating these areas, we aim to enhance the utility of the property for the benefit of the owners while ensuring compliance with existing rules and regulations. We appreciate your consideration of this request and look forward to your support in this matter. Should you require any further information or clarification, please do not hesitate to contact me. CEH/hdc Charles E. Halbert, Jr. Halbert Law Offices Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 4 of 13 HALBERT LAW OFFICES ATTORNEYS AT LAW PO BOX 2720 WEST HELENA AR 72390 PHONE (870) 572-3351 FAX (877) 450-0781 tripp@halbertlaw.net December 23, 2024 PETITION TO VACATE A STREET RIGHT-OF-WAY/ALLEY The Fayetteville City Planning Commission The Fayetteville City Council Attn: Jessie Masters 125 W Mountain St, Fayetteville, AR 72701 Email: jmasterskfUetteville-ar.gov RE: PT LOT 1 BLOCK 2, ROSE HILL ADDITION We, the Halbert Law Offices, on behalf the undersigned, Jordan Group, LLC, hereby petition to vacate the street right-of-way to the north of Parcel ID 765-10316-000, along W. North Street in the City of Fayetteville, Washington County, Arkansas, and the alley located at the northernmost point of N. Oakland Ave. The right-of-way and alley sought to be abandoned and vacated is more particularly described in Exhibit A. The abutting real estate affected by said abandonment of the street right-of-way is as follows: A PART OF LOTS 1-4, BLOCK 2 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, A PART OF LOTS 1 AND 2, BLOCK 3 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE AND A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE EAST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE WHICH IS N02055'56"E 112.47' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2 OF ROSE HILL ADDITION AND RUNNING THENCE N86050'37"W 50.00' TO THE WEST PLATTED RIGHT -OF - Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 5 of 13 WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N02055'56"E 49.51' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY N88019'38"W 149.55', THENCE LEAVING SAID RIGHTOF-WAY N03006'21"E 19.30', THENCE S89003'07"E 185.37', THENCE N88045'09"E 187.60' TO THE SOUTH MASTER STREET PLAN RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY S89021'46"E 48.20' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY NORTH STORER, THENCE ALONG SAID RIGHT-OFWAY S03002'44"W 19.80' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N1800712211W 17.32' TO AN EXISTING REBAR, S83029'04"W 199.93' TO AN EXISTING REBAR, S01025'59"W 35.00', N89013'57"W 18.52' TO THE EAST PLATED RIGHT- OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02055'56"W 15.60' TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. SUBJECT TOALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 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. Property Owner Information: Name: Jordan Group, LLC, Henry Jordan Mailing Address: 2532 E Ridgely Dr, Fayetteville, AR 72701 Type: Commercial Improvement Tax District: (011) Fayetteville School District Millage Rate: 57.00 Physical Address: 903 W North St Subdivision: Rose Hill Addition Block/Lot: 002 / N/A Size (Acres): 0.24 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 2 Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 6 of 13 that particular land the owners be free from the easements of the public for the use of said street. Dated this 23rd day of December, 2024 Q&tdl2'�&� Jorda Gr p, LLC Henry Jordon Authorized Agent 3 Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 7 of 13 R A Mprj E. -Surveyors Engineers En ors Y g Y 7230 S Pleasant Ridge Dr I Fayetteville, AR 72704 PH: (479) 442-93501 batesnwa.com LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION (NORTH STREET & OAKLAND AVENUE): A PART OF LOTS 1-4, BLOCK 2 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, A PART OF LOTS I AND 2, BLOCK 3 OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE AND A PART OF THE PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE EAST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE WHICH IS N02055'56"E 112.47' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 5 OF SAID BLOCK 2 OF ROSE HILL ADDITION AND RUNNING THENCE N86050'37"W 50.00' TO THE WEST PLATTED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY N02055'56"E 49.5 PTO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY N88019'38"W 149.55', THENCE LEAVING SAID RIGHT- OF-WAY N03006'21 "E 19.30', THENCE S89003'07"E 185.37', THENCE N88045'09"E 187.60, TO THE SOUTH MASTER STREET PLAN RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY S89021'46"E 48.20' TO THE WEST MASTER STREET PLAN RIGHT-OF-WAY NORTH STORER, THENCE ALONG SAID RIGHT-OF- WAY S03002'44"W 19.80' TO THE EXISTING SOUTH RIGHT-OF-WAY OF WEST NORTH STREET, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°07'22"W 17.32' TO AN EXISTING REBAR, S83029'04"W 199.93' TO AN EXISTING REBAR, S01025'59"W 35.00', N89013'57"W 18.52' TO THE EAST PLATED RIGHT-OF-WAY OF NORTH OAKLAND AVENUE, THENCE ALONG SAID RIGHT-OF-WAY S02055'56"W 15.60' TO THE POINT OF BEGINNING, CONTAINING 0.24 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Planning Commission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 8 of 13 siohnmg • sjaau., u3 mwis�xa�awxxavaxnoa - S10Br�s aH rxl�asno�axe °xx�avxw,9w.xvx�� �aN391� �S---rrftz: ILIMS I �O1S N=aON_ (NMOHS'Xtlf+il'd'S'W aid MM',yyfN,ZS "NIW ,sb -1-Rds' nz (JI W'I'ryI1N301S31U - 3ON2ny a3aO.L5 H1aON I I I I I i I i- I I I I I I I I I I I I I I I I I I I I I I I I I L— r —' I I I I I I I I I I I I I I I I I I I I I L-- ---------t-M/a'd'S'W �g y I I I � 1 00'SE M�.65,SZa I05 � 8 9 a a > a a . i�vxasv Hiavn a7an ron Nnai n'71Naalsa� aHNanv aNvnrvo �I H1aoN I I 7 - —_ _Issb a;»s,ssezoN zl I I I I I 'I I I I I I --M/tI0NI1S4Ya a IP o I I Iz o =_- I I I I o 0 o 03 FO. tU'z}m �_ z �'z °o 3aumo b ��4F xgb o madF„z4F„o o mxmO°'a �w y�yZ= 3m ��zoym�J,F„ro 0 onoaya�^e a Kzf,m uFio"- } m��040 S�3 T.F 3°�h!j FUt,. 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I ym �� z zNH z, g cD It Q N CD " rzy odyF3o°��h i Izcu oz , fn (6,331 °3aow6a3�ao ..n'i �Oo �a�3oo3a Pz� I HI oaz�d�mo^O�m I �I o zy„oy I Fi=F �"�33x�a zw II I I l adFz��uP�4"zo oam x�o os�3og�r�az¢o 5S'E53-M9NION �yt•.pF O i az6o 3omyyo� pay_m�z�Fzsoa oro¢�'��aao�a'n a�manm z �" o < �om'xo^o Qap�o o p.aT��'a3o�z 000���„���ao� o�z�a z�mm Planning Commission January VAC-2024-0027 (JORDAN GROUP LLC) Page 10 of 13 VAC-2024-0027 One Mile View RSF Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center Unclassified Alley — Residential Link m Shared Use Paved Trail — Trail(Proposed) Design Overlay District 1 Fayetteville City Limits l Planning Area 903 W. NORTH ST 0 0.13 0.25 0.5 Miles �r i - - - - SYCAMORE T Subject Property �F�♦NG, TQH, ( %0L.L_. l P-� 1 Q MAPLE'S' m WE l`­Planning Area---------- Fayetteville City Limits ---- J- 1 zoning = I-2 General Ind-rial RESIDENTIAL SINGLE-FAMILY EXTRACTION NSG = E-1 !• RI-U COMMERCIAL RI-iz Residenlial-OFne NS-L C-1 �—den Ya Agrlcunurel C-2 RSF-.a C-3 RSF-1 FORM BASED DISTRICTS RRSF-2 Downtown Core S Urban Tlwroughhre an s—Center RSFA Down —General RSF-1a Community Servi.a RESIDENTIALMULTI-FAMILY Neighborhood Servkes RMF. Neighborhood ConserreYan RM112 PLANNED ZONING DISTRICTS RMF-1a Commercial. Industrial. Residential RMF-sa INSTITUTIONAL RMF- _ R 1 INDUSTRIAL I-1 Heavy Cemmarclal aM Light Induatdal annlnn .nmmlcslnn January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Page 11 of 13 VAC-2024-0027 Close Up View W Q J J W C z J Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 903 W. NORTH ST U HAZEL-ST NORTH'ST— HUGHES'ST W a G z a J Y a O -BERRY-ST- Feet 0 75 150 300 450 600 1:2,400 W W J 1-1 ■R 'J& NORTH RW RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 C-2 Community Services January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 12 of 13 vac-2024-0027 Current Land Use 903 W. NORTH ST NORTH y c Mixed Residential r ell ! Zone AE A'J Opp,$ I w Q � � � �'- �t` TCO Subject Property �" � 1FOR . a Zone AE I LULL.,t !� � % WEDINGTON D'Ra . - NORTH ST of Multi -Family Residential and Commercial Two -Family Residential 3 + -- - and Commercial N; 'S m ' k _ Mixed Residential and Undeveloped ,I 11 - it - i. Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity Unclassified ■ 100-Year Floodplain Alley Feet Floodway Residential Link — — — Trail (Proposed) 0 112.5 225 450 675 900 yPlanning Area 1:3 600 Fayetteville City Limits anninq Uommission January 27, 2025 VAC-2024-0027 (JORDAN GROUP LLC) Paqe 13 of 13 Form 0.54 a Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 483973 PO #: Matter of. ORD 6842 AFFIDAVIT • STATE OFARKANSAS ECEIVE 5] D C TY OF FAYETTEVILLE CITY CCLERK OFFICE 1, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county, State ofARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6842 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 $159.60. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 02123125, NWA nwaonlinecom 02123125 VIA Legal Clerk (157 61'1 State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 24th day of February, 2025 NO ARY PUBLIC Ordinance: 6842 File Number: 2025-150 VACATION-2024-0027: (903 W. NORTH ST./JORDAN GROUP, LLC, 444): AN ORDINANCE TO APPROVE VAC-24-27 FOR PROPERTY LO- CATED AT 903 WEST NORTH STREET IN WARD 2 TO VACATE 0.24 ACRES OF STREET 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 cor- porate purposes; and WHEREAS, the City Council has determined that the follow- ing described portion of street right-of-way is 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 portion of street right-of- way as described in Exhibit B attached to the Planning De- partment'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 shall not be effective until the follow- ing conditions have been satis- fied: 1. The applicant and/or prop- erty owner shall coordinate with AT&T to dedicate an easement to cover existing lines and nec- essary maintenance of those lines, to a minimum width of 10 feet on either side of the exist- ing lines. 2. A 20-foot wide access easement shall be dedicated from the remaining N. Oakland Avenue right-of-way to the W. North Street right-of-way as shown in the survey attached as Exhibit C. Section 4: This vacation ap- proval is subject to the following ongoing conditions: 1. Any damage to or reloca- tion of existing facilities will be at the property owner/devel- oper's expense. 2. A 10-foot minimum clear- ance from overhead powerlines shall always be maintained. PASSED and APPROVED on February 18, 2025 Approved: Molly Rawn, 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: $159.60 February 23, 2025 483973