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HomeMy WebLinkAboutOrdinance 4537E ORDINANCE NO. 4537 AN ORDINANCE APPROVING VAC 03-13.00 TO VACATE A PORTION OF A 25 FOOT UTILITY EASEMENT LYING IN LOT A IN THE NORTHEAST CORNER OF THE NORTHWEST ARKANSAS MALL AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION 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 utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons all of its rights together with the rights of the public generally, in and to the following described utility easement: See Exhibit "A" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. `F"p Y E fF PASSED and APPROVED this the 6`h day of January, 2004. , t ��l! i ii v ill.S� v "~• ATTEST: By: — &ou SONIA A SMITH, City Clerk APPROVED: By: �IN11111111 �111111 111111IIIIIIIIII111111111�111 Recorded: 02/27/2004 at 10.08.28 AM Fee Amt: $14.00 Page i of 3 Washington Countv. AR Bette stamps Circuit Clerk File2004-00007193 EXHIBIT "A" VAC 03-13.00 A PART OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION TWENTY THREE (23), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE ''/a) OF SAID SECTION TWENTY THREE (23), THENCE ALONG THE NORTH LINE OF SAID SECTION TWENTY THREE (23) NORTH 89000'51"EAST, 791.01 FEET TO A SET IRON PIN ON THE WEST RIGHT OF WAY OF U.S. HIGHWAY 7113; THENCE ALONG SAID RIGHT OF WAY SOUTH 00006'58" EAST, 136.88 FEET TO A FOUND RAILROAD SPIKE ON THE WEST RIGHT OF WAY OF U.S. HIGHWAY 7113; THENCE NORTH 20°12'20"WEST 56.38 FEET; THENCE SOUTH 81'01'40" WEST,-101.44 FEET; THENCE SOUTH 08002'30" EAST, - 27.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERLY ALONG SAID LINE, A DISTANCE OF 95.55 FEET; THENCE SOUTH 81057730" WEST, 25.00 FEET; THENCE NORTH 08°02'30" WEST, 93.70 FEET; THENCE NORTH 77°43'53" EAST, 25.07 FEET TO THE POINT OF BEGINNING, CONTAINING 2,366.00 SQUARE FEET, MORE OR LESS, AND SUBEJCT TO ANY EASEMENTS, AND OR RIGHTS OF WAY, AND RESTRICTIONS, OF RECORD, IF ANY. 0 VAC03-13.00 BRANDON MALL - EXHIBIT "B" Close Up View kkkkkk O ' n SUBJECT PROPERTY cz ca— -- - - - - - - 2 _A v` C-2 ZION RD _ �M 1 �15 12v �P Prt t Overview Legend Subject Property Boundary VAC03-13.00 \:. Planning Area Master Street Plan `� 5 Overlay District e Freeway/Expressway Streets 00008 L _ I City Limits I%0 Nncpal Arterial - 1. ,Existing Q Outside City � t.8nor Arterial Nil � Planned i Collector :% • •0* Kstoric Collector 0 75 150 300 450 600 Feet Washington County, AR I certify this instrument was filed on 02/27/2004 10:06:28 AM and recorded in Real Estate File Number 2004-00007193 Bette St Is - Circuit Clerk by v E 0 NAME OF FILE: Ordinance No. 4537 CROSS REFERENCE: Item # Date Document 1 12/17/03 memo to mayor & city council draft ordinance memo to planning commission copy of Close Up View copy of One Mile View staff review form for 1 /6/04 mtg 2 01/09/04 memo to Dawn Warrick 3 01/12/04 Affidavit of Publication NOTES: • (221) i//off City Counciteting of January 6, 2004 �. 37 Agenda Item Number V6C o3-13, CITY COUNCIL AGENDA MEMO /V# 1V VZkm6t6 To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director From: Dawn T. Warrick, AICP, Zoning and Development Administrator h F— Date: December 17, 2003 Subject: Easement Vacation for the Brandon Mall office building (VAC 03-13.00) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating a portion of an existing utility easement crossing the subject property. The easement was used to connect private service lines to serve the restaurant which previously operated on this site. BACKGROUND A large scale development has been approved to construct a 28,350 SF, 3-story office building with sales and professional office uses north of the Northwest Arkansas Mall. To create the subject lot, a lot split has been processed, approved by the Subdivision Committee on October 16, 2003. An existing structure that formerly housed Shoney's restaurant is proposed to be demolished and removed, with the new, larger structure proposed to be sited in the same general location. The existing parking lot is to be utilized, with alterations. Notification was provided to all utility representatives and adjoining property owners. No objections were reported regarding this requested easement vacation. The Planning Commission voted 9-0-0 in favor of this request on Monday, December 8, 2003. The item was included on the Commission's consent agenda. BUDGETIMPACT None. MAII I • ORDINANCE NO. AN ORDINANCE APPROVING VAC 03-13.00 TO VACATE A PORTION OF A 25 FOOT UTILITY EASEMENT LYING IN LOT A IN THE NORTHEAST CORNER OF HE NORTHWEST ARKANSAS MALL AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION. WHEREAS, the City Council has the authority under A. grounds or portions thereof which are not required for corporate WHEREAS, the City Council has determined that is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY FAYETTEVILLE, ARKANSAS: 400 Section 1. That the City of Fayetteville, Arkan�, its rights together with the rights of the Iu lic generally, in right of way: A'F By. See Exhibit "A" attached Section 2. SONDRA SMITH, City Clerk 104 to vacate public utility easement COUNCIL OTARUE CITY OF ry vacates and abandons all of the following described street DrdinRWe duly cerWed by the City Clerk along with the o and la eled Exhibit "B" shall be filed in the office of County *d rorded in the Deed Records of the County. day of 2004. APPROVED: By DAN COODY, Mayor EXHIBIT "A" VAC 03-13.00 A PART OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION TWENTY THREE (23), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCINGAT THE NORTHWEST CORNER OF THE S OF SAID SECTION TWENTY THREE (23), THENCE ALO SECTION TWENTY THREE (23) NORTH 89°00'51"EA PIN ON THE WEST RIGHT OF WAY OF U.S. HIG A RIGHT OF WAY SOUTH 00006358" EAST, 136.88 ON THE WEST RIGHT OF WAY OF U HIGH 20012'209'WEST 56.38 FEET; THENCE SOU 1740" SOUTH 08002'30" EAST, - 27.03 FEET TO O CONTINUE SOUTHERLY ALONG SAID LINE, A SOUTH 81057130" WEST, 25.00 FEBWTHENCE NO THENCE NORTH 77043153" EAST, FEET TO CONTAINING 2,366.00 SQUARE FE 0 - OR LEA EASEMENTS, AND OR RIGHTS OF WA AND ' CT O AST QUARTER (SE'/a) NORTH LINE OF SAID 791. ET TO A SET IRON 7113; CE ALONG SAID A FOUN ROAD SPIKE AY 7IB; CE NORTH ST,-101.44 THENCE F BEGINN1 G; THENCE OF 95.55 FEET; THENCE 2130" WEST, 93.70 FEET; POINT OF BEGINNING, SUBEJCT TO ANY OF RECORD, IF ANY. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of October 27, 2003 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner Matt Casey, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: October 20, 2003 LSD 03-35.00: Large Scale Development (Brandon Mall, pp 135) was submitted by Brian Moore of Engineering Services, Inc. on behalf of Gary Brandon for property located at the northeast corner of the Northwest Arkansas Mall on Zion Rd. The property is zoned C-2, Thoroughfare Commercial, and contains approximately 1.78 acres. The request is to develop a 28,350 sq. ft. office building. Planner: Jeremy Pate Findings: Proposal: The applicant requests to construct a 28,350 SF, 3-story office building with sales and professional office uses north of the Northwest Arkansas Mall. To create the subject lot, a lot split has been processed, approved by the Subdivision Committee on October 16, 2003. An existing structure that formerly housed Shoney's restaurant is proposed to be demolished and removed, with the new, larger structure proposed to be sited in the same general location. The existing parking lot is to be utilized, with alterations. Ninety-seven (97) parking spaces are provided, which meets the Parking Lot ordinance requirements of 119, +/- 30%. Surrounding Land Use /Zoning: Direction Land Use Zoning North Vacant, hillside C-2, Thoroughfare Commercial South Northwest Arkansas Mall C-2, Thoroughfare Commercial East Highway 71B C-2, Thoroughfare Commercial West Vacant C-2, Thoroughfare Commercial Right-of-way being dedicated: None Required Street Improvements: None Required Adjacent Master Street Plan Streets: Highway 71 B, Principal Arterial Tree Preservation: Existing canopy: 16.32% Preserved canopy: 11.06% Mitigation required: 10 trees, on -site K:IReponsl2003lPCREPORTSIIO-27ILSD 03-35.00 (Brandon Mall).doc Recommendation: Staff recommends approval of LSD 03-35.00 subject to the following conditions: Conditions of Approval: Structures shall not be built over existing utility easements. A request for vacation of the existing 25-foot utility easement on which the proposed structure encroaches shall be processed and approved by Planning Commission and City Council. Building permits shall not be issued prior to easement vacation approval. 2. Planning Commission determination and approval of Commercial Design Standards. Stafffinds the submitted elevation drawings to be in compliance with Commercial Design Standards. Planning Commission determination of the greenspace reduction request from 15 feet to 5 feet along Hwy 71 B. Staff is in support of this request, as existing topography and dense vegetation between the subject property and Hwy 71 B act as an existing buffer. 4. The associated Lot Split shall be filed of record with the County prior to issuance of building permits. Standard Conditions of approval: A detailed Landscape Plan shall be submitted to the Landscape Administrator prior to building permit approval. All mechanical/utility equipment shall be screened using materials that are compatible with and incorporated into the structure. Trash enclosures shall be screened with access not visible from the street. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives - AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications) 9. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 10. Large scale development shall be valid for one calendar year. 11. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits K.IReporis110031PCREPOR7S110-171LSD 03-35.00 (Brandon Mall).doc b. Separate easement plat for this project that shall include the tree preservation area. C. Project Disk with all final revisions d. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by §158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy 12. Additional conditions: PLANNING COMMISSION ACTION: Date: October 27, 2003 Comments: yes Required Approved Denied The "CONDITIONS OF APPROVAL", beginning on page two of this report, are accepted in total without exception by the entity requesting approval of this development item. Lon Title Date K. IReports110031PCREP0RM10-221lSD 03-35.00 (Brandon MaB).doc :i :fail 011IsI ►l 0 Lv1 F± L'�1. Y tt�) � 4 aqJ'1 - 1 a �`': b;t,� .�'ye .�'� VAC03-13.00 BRANDON MALI One Mile View LAP i I , �,�`,� � 1 FN Y „ s, I N! i i SUBJECT P#t9PERTY { t r N R z F4 e� J1 � 1= IXNNN�f�I� I �a+aivn i 4, 3 RA M, 42 Overview Legend Subject Property Boundary 4 VAC03-13.00 Planning Area a 000% Streets oo_o o Overlay District �. FskAng L _ City Limits -. �Ditl1Be Outside City 0 0.1 0.2 0.4 0.6 4] m rwF3� f� pt 4VE Master Street Plan %NyFee WEVVless,++y �y FHlx;bal onenal ^ 11 Minor Medal � . Ceueaer J 0. Hgfs,nk Caeectar Miles ��qe STAFFWIEW FORM - NON -FINANCIAL *IGATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: January 6, 2004 FROM Dawn Warrick Planning Name Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: CP&E Department VAC 03-13.00: Vacation (Brandon Mall, pp 135) was submitted by Engineering Services, Inc. on behalf of Gary Brandon Enterprises, Inc. for property located at the northeast corner of the Northwest AR Mall, west of Hwy 71 B. The property is zoned C-2, Thoroughfare Commercial. The request is to vacate a portion of an existing utility easement on the subject property. STAFF RECOMMENDATION: Approval. d Received in Mayor's Office Wivision ead ate Date �� 12 ttomey Date Cross Reference: Department Director Date Previous Ord/Res#: 'AE /2, _o Finance & Internal Services Dir. Date Orig. Contract Date: Orig. Contract Number: Date New Item: Date Yes No IFAYETTEV?LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk Division Date: January 9, 2004 Re: Ordinance No. 4537 Attached is an executed copy of the above ordinance passed by the City Council, January 6, 2004, vacating a 25 foot utility easement in the northeast corner of Northwest Arkansas Mall in Lot A. This ordinance and exhibits will be microfilmed and filed in the city clerk's office, and filed at the Washington County Courthouse. Also it will be published in a paper of general circulation. cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Leg l Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: �u0was inserted in the regular editions on PO# O- 0�& ** Publication Charge: $ 6 �& - as Subscribed and sworn to before me this day of Tait tAct r-,y , 2004. I u 4 Notary• My Commission Expires: o dm3 ** Please do not pay from Affidavit. An invoice will be sent. 7triiciai Seal U N-MICHAEL ARGOry Public-ArkansasHINGTON COUNTYrasion Expires 07.25-2013 RECEIVED 'JAN 12 2004 CITY OF FAYETrEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE 9 P.O. BOX 1607 • FAYETTEVII I E, ARKANSAS 72702 • (501) 442-1700 FNORTHEAST RDINANCE NO. 4837 - ANCE APPROVING VAC 03-13.00 TO VACATE A F A 26 FOOT IIRIITY EASEMENT LYN4G IN LOT A , NORTHEAST CORNER OF THE NORTHWEST MALL AS DEPICTED ON THE ATTACHED MAPL DESCRIPTION� of Fayb 116 underes the City ,has Va aNIKKA% ,�'�4 to Vacate labIO rWAde drPod inereotvmlclare fal Tequkad idfCgpdrate Wryoe WIIlN{AEr the (Ay CoonGl has dete"nad that the IolwArg dearnbed WYIy easement Is no mqurad for oorpdrats WUPdai NOW. T"aPAFONIr an IT OFU AUU D ET THE CITY COUNCIL OF THE CITY Of Ill TMLLEt ARNANEAE: Section 1: TNat the Cay of Fayetteville.AManses hereby vacates and elarao%tla dg1Na togetM VAN the rlghis of the WjbMc genal h and to the IopovAng deeorlbed u4lty See ErNl it'A' ataUad hereto and made a pert harsof- SscWn 2: That a copy di Nis Ordinance III* certified by the City Clack along with the map adoon' reto heand labeled E#tlbit "B" steal W Ned in Ina office of the Recorder of the County and recorded the Deed Records of Ina County. uas[D rrnJ AlPNOIIED. tlYs da 61h day of January. 2004. EXHIBIT "A" VAC 03-13.00 A PART OF THE SOUTHEAST QUARTER ISE 1/4) OF SECTION THE FIFTH TWENTY NC PALE (23), TOWNSHIP SEVENTEEN (171 NORTH. RANGE THIRTY (30) WEST "GTON COUNTY. ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. TO WIT: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 114) OF SAIP cFC.TION TWENTY THREE (L3), THENCE ALONG THE NORTH UN n0 THP WEST RIGHT OF TION TWENTY TO ANY FJ(FMBR'B". BRANDON MALL - EXHIBIT "B" RECEIVE 'JAN 12 2004 CITY OF FAY EITEVLL CITY CLERK'S OFr'^