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HomeMy WebLinkAboutOrdinance 5365 1111110111111101 Doc ID: 013829190004 Type. REL Kind: ORDINANCE Reeorded: 01/07/2011 at 11:38:01 AM Fee Amt: 130.00 Paae 1 of 4 W:%inaton Countv. AR Bette Stamos Circuit Clerk /1 (1 File20 1 1-00000 /'7 49 ORDINANCE NO. 5365 AN ORDINANCE APPROVING VAC 10-3662 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED IN THE OAKBROOKE SUBDIVISION, TO VACATE EXISTING UTILITY EASEMENTS AND TREE PRESERVATION AREAS AND RE-DEDICATE THEM IN THE PROPER LOCATION, AS DESCRIBED HEREIN. 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 platted utility easements are not required for corporate purposes, once new utility easements are dedicated; and WHEREAS, the City Council has the authority under §167.04(L) of the Unified Development Code to modify or abolish a recorded tree preservation area; and WHEREAS, the City Council has determined that the following described portion of the recorded tree preservation area should be adjusted to reflect accurate areas of canopy protection, that the proposed modification would not lower the preserved tree canopy below the required level, and would allow for the maintenance of existing drainage easements on the subject property; 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 and abandons all utility easements as shown on Exhibit A and described in the Exhibit B,attached. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves the modification of the tree preservation area as shown in Exhibit A and described in Exhibit B, attached. Page 2 Ordinance No. 5365 Section 4: That this ordinance approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. An easement plat or final plat depicting the utility easements needed to serve the Oakbrooke project, as required by all utility representatives, shall be dedicated and filed of record. The vacation of all easements shall not be accepted until this requirement has been met. 2. Any relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. 3. An easement plat or final plat depicting the modified tree preservation area needed to meet the tree preservation requirements for the Oakbrooke Subdivision, as required by the City of Fayetteville Urban Forester, shall be dedicated and filed of record. PASSED and APPROVED this 7t' day of December, 2010. APPROVED: ATTEST: I By: &",e A�-,k O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer VY G _^ a gMYETTEVJLLE^ s s.�RkANSP°, '� *,;,,I GTON Washington County, AR I certify this instrument was filed on 01107/2011 11:38:01 AM and recorded in Real Estate File Number 2011-000007 Bette Stamps-0' u ar EXHIBIT "A" JL.yil�_.JL_Ji_ _ IL_J L.__I __.JI__J r_ 99 -/j 'w - � --_ 'q I,?-- ( 1 i'��-�' ,0 _�SIF IIIII l @ 8 r H I I J �j f- �I _ I _ fill—I r w —7,1 I at ;I�, @@ d _ g€9 f II J L a3 If g 3 � IRM i �' yl © i I c I I � A44 fta jM �Z Ii {Qp{ gpiq pig 883$6 Rjx152TJill I 3 p EASEMENT PLAT FOR e a N � Bates& OAKBROOKE SUBDIVISION PHASE III ps$OCIBtes'Inc. — --- P 0^ FAYETTEVILLE. ARKANSAS I EXHIBIT "B" VAC 10-3662 AREA OF DISCUSSION FOR VACTION REQUEST: A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°10'41"E 184.13' FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF AND RUNNING THENCE NO2°17'42"E 110.42', THENCE N87'10'42"W 8.13', THENCE NO2°18'02"E 960.73', THENCE S87°49'42"E 252.14', THENCE S87°09'15"E 207.79', THENCE S02°17'42"W 442.08', THENCE S87°42'18"E 338.00', THENCE NO2°17'42"E 36.64', THENCE S87°42'18"E 150.85', THENCE S02°50'04"W 223.11', THENCE N87°28'48"W 28.54', THENCE S02°49'03"W 389.83', THENCE S87°09'30"E 254.42', THENCE S25°35'53"W 64.93', THENCE N87°10'24"W 1135.30' TO THE POINT OF BEGINNING, CONTAINING 18.55 ACRES, MORE OR LESS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/7/2010 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 10-3662: (Oakbrooke Ph III, 361): Submitted by Bates and Associates for property located at Oakbrooke Subdivision Phase III. The property is zoned R-PZD, Residential Planned Zoning District. The request is to vacate all existing utility easements and tree preservation area within 18.55 acres of the Oakbrooke Subdivision. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Hca Previous Ordinance or Resolution# DepaDire r Date Original Contract Date: -- Original Contract Number: City Attorney t1 Date 4C C�- Finance and Internal Services Director Date Received in Citg 1 -1 9-1 0 P 0 3 57 R C V D Clerk's Office It CNV of Sta Date {/�1.'�. Received in �/ Mayor's Office MayorD' ate !) Comments: Revised January 15, 2009 T e rKoHle THE CITY OF FAYETTEVILLE,ARKANSAS YDEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Dara Sanders, Current Planner Date: November 18, 2010 Subject: VAC 10-3662 Oakbrooke III RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance vacating all existing utility easements and a portion of the tree preservation area within 18.55 acres of the Oakbrooke Subdivision (VAC 10-3662). BACKGROUND The subject property is located within the previously approved Oakbrooke Subdivision Phases I and II and the recently approved Oakbrooke Phase III (R-PZD 09-3439/PPL 10-3589). Easements were dedicated to accommodate the installed infrastructure for the original development; however, the recently approved zoning and development criteria for Oakbrooke III requires a form that is different from the original development, as the front setbacks are now build-to zones that would require the new structures to be located in the existing easements. Additionally, small portions of required drainage easements were recorded to encroach into the tree preservation area. The applicant's request is to vacate all of the utility easements and tree preservation area within 18.55 acres that were dedicated with the final plats for Oakbrooke I and II to allow for the replat and development of Oakbrooke III, as indicated on the associated plat, and to allow for maintenance of drainage easements necessary for maintaining the subject property. DISCUSSION On November 8, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 8-0-1 (Commissioner Hoskins recused). BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3662 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED IN THE OAKBROOKE SUBDIVISION, TO VACATE EXISTING UTILITY EASEMENTS AND TREE PRESERVATION AREAS AND RE-DEDICATE THEM IN THE PROPER LOCATION, AS DESCRIBED HEREIN. 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 platted utility easements are not required for corporate purposes, once new utility easements are dedicated; and WHEREAS, the City Council has the authority under §167.047(L) of the Unified Development Code to modify or abolish a recorded tree preservation area; and WHEREAS, the City Council has determined that the following described portion of the recorded tree preservation area should be adjusted to reflect accurate areas of canopy protection, that the proposed modification would not lower the preserved tree canopy below the required level, and would allow for the maintenance of existing drainage easements on the subject property; 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 and abandons all utility easements as shown on Exhibit A and described in the Exhibit B, attached. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves the modification of the tree preservation area as shown in Exhibit A and described in Exhibit B, attached. Section 4: That this ordinance approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. An easement plat or final plat depicting the utility easements needed to serve the Oakbrooke project, as required by all utility representatives, shall be dedicated and filed of record. The vacation of all easements shall not be accepted until this requirement has been met. 2. Any relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. 3. An easement plat or final plat depicting the modified tree preservation area needed to meet the tree preservation requirements for the Oakbrooke Subdivision, as required by the City of Fayetteville Urban Forester, shall be dedicated and filed of record. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT `B" VAC 10-3662 AREA OF DISCUSSION FOR VACTION REQUEST: A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87"10'41"E 184.13' FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF AND RUNNING THENCE NO2°17'42"E 110.42', THENCE N87'10'42"W 8.13', THENCE NO2°18'02"E 960.73', THENCE S87°49'42"E 252.14', THENCE S87-09'1 5"E 207.79', THENCE S02°17'42"W 442.08', THENCE S87°42'18"E 338.00', THENCE NO2°17'42"E 36.64', THENCE S87°42'18"E 150.85', THENCE S02°50'04"W 223.11', THENCE N87°28'48"W 28.54', THENCE S02°49'03"W 389.83', THENCE S87°09'30"E 254.42', THENCE S25°35'53"W 64.93', THENCE N87°10'24"W 1135.30' TO THE POINT OF BEGINNING, CONTAINING 18.55 ACRES, MORE OR LESS. EXHIBIT "A" II_ JL_ — � g TJ.r �Q4SS �I � I �-- i � of � <• . <��P 51 [@� - trl J1,11,fir i i I I a } +I N Ni J L i -i J �'• 3I� I� �{T.,p ,F I k��a /, [ i I e-III &°�� �F '"i JIT 7_'I: r a�yf a -li r� " .�,c�v��U �:• w.n,�,w � Tne � -'p ��FI I �„JI I r II i \• \ — .. IN aggxgge �p i i! p Aq g @@ g5xpgggq g p 9 AA g e g�. �.g W I .•� lu = I _ g EASEMENT PLAT FOR e i Bates& OAKOROOKE SUODIVFSION PHASE III IV Associates,inc. FAYETTENLLE, ARKANSAS 2 0� � aye evlle PC Meeting of November 8, 2010 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: November 1, 2010 VAC 10-3662: Vacation (OAKBROOKE III, 361): Submitted by BATES & ASSOCIATES for property located at OAKBROOKE SUBDIVISON III. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 21.50 acres. The request is to vacate a select number of the existing easements. Planner: Dara Sanders Findings: Property Description: The subject development is located within the previously approved Oakbrooke Subdivision Phases I and II and the recently approved Oakbrooke Phase III (R- PZD 09-3439/PPL 10-3589). Easements were dedicated to accommodate the installed infrastructure for the original development; however, the recently approved zoning and development criteria for Oakbrooke III requires a form that is different from the original development, as the fiont setbacks are now build-to zones that would require the new structures to be located in the existing easements. Request The applicant's request is to vacate a select number of the utility and tree preservation easements that were dedicated with the final plats for Oakbrooke I and II to allow for the replat and development of Oakbrooke III, as indicated on the associated plat. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No Objections Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections AT&T No Objections G:\EMDevelopment Services Review\2010\13evelopment Review\I0-3540 VAC 2292 N.Covington Pa&3-Plannine Commission