HomeMy WebLinkAboutORDINANCE 5925113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5925
File Number: 2016-0467
VAC 16-5571 (WEST JUPITER DR./JUPITER DRIVE):
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Recorded: Q1110'721/2017 at 08:58:37 All
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t Clerk
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AN ORDINANCE TO APPROVE VAC 16-5571 SUBMITTED BY JORGENSEN AND ASSOCIATES,
INC. TO VACATE A PORTION OF JUPITER DRIVE FROM MCGUIRE STREET TO THE AEP
SUBSTATION.
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 street is not required for
corporate purposes; and
WHEREAS, Van Asche Drive has recently been built to four lane boulevard standards to replace Jupiter
Drive and to connect McGuire Street and Ball Street; and
WHEREAS, all property owners along Jupiter Drive have requested that Jupiter Drive be vacated from
McGuire Street to the AEP Substation.
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 Jupiter Drive from
McGuire Street to the AEP Substation as described in Exhibit B attached to the Planning Department's
memo subject to the conditions in Section 3.
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.
Page 1 Printed on 11116116
Ordinance: 5925
File Number: 2016-0467
Section 3. This vacation approval is subject to the following conditions of approval which all must be
completed by the applicant to the satisfaction of the City prior to this vacation becoming final and prior
to any damage or removal of the portion of Jupiter Drive to be vacated:
1. Any relocation or damage to utilities that could be caused by the removal or relocation of Jupiter
Drive shall be at the owner/developer/applicant's expense. Any relocation of utilities shall be placed
into a new easement satisfactory to the City. Owner/developer/applicant shall dedicate to the City any
such new easement at owner/developer/applicant's expense.
2. The existing water main within or near the Jupiter Drive right of way must be maintained in good
operational order until the owner/developer/applicant has at its expense properly constructed a replacement
water main acceptable to the City with a properly dedicated easement and received formal acceptance of
such fully functional and operational water main by the City. The owner/developer/applicant may not
grade excavate or do other activities near the existing water main that could damage the water main until
the City has accepted the replacement water main.
3. The Cox fiber line within or near the Jupiter Drive right of way shall be relocated at the
owner/developer/applicant's expense and to Cox's satisfaction prior to any work being done on or near
Jupiter Drive that could endanger this fiber line.
4. All of the owners of the vacated right of way property shall contractually agree in writing that upon
or before 50% or more of the property they now own north of Van Asche Drive that is within the city
limits of Fayetteville is approved by Final Plat or Large Scale Development, they will construct at their
expense and dedicate to the City a public street connection between Ball Street and McGuire Street north of
Van Asche Drive. Such contract, acceptable by the City, must be signed by all owners and/or authorized
representatives of the owners of all land adjoining the current Jupiter Drive section to be vacated before this
vacation can be final.
PASSED and APPROVED on 11/15/2016
Approved:
l..ioiicl Jordan, iwia nr
� � r • l l'1 .'.
FA TT�IIIi_Ll
Attest:
ZZ
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 11116116
16-5571
EXHIBIT 'A+
VAC 16-5571 JUPITER STREET J& I
Close Up View NORTH
SHULER DR
1
R-A
i�
N
Legend
- -� Planning Area
_ Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
L _� Design Overlay District
Building Footprint
Feet
0 112.5 225 450 675 900
1 inch = 300 feet
Residential -Agricultural
C-2
C-3
16-5571
EXHIBIT B'
LEGAL DESCRIPTION: (RIGHT OF WAY VACATION)
A part of the SW1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27,
T17N, R30W in Washington County, Arkansas, and being described as follows:
Commencing at the SW Corner of said SW1/4, NW1/4, thence N02029'17"E 502.42
feet, thence S87030'43"E 3.63 feet to the POINT OF BEGINNING, thence N03030'46"E
143.63 feet, thence along a non tangent curve to the left 90.39 feet, said curve having
a radius of 50.00 feet and chord bearing and distance of S49021'21"E 78.57 feet,
thence N78051'24"E 57.16 feet, thence along a curve to the left 148.53 feet, said curve
having a radius of 530.00 feet and a chord bearing and distance of N70049'42"E
148.04 feet, thence N62048'00"E 96.43 feet, thence along a curve to the left 132.03
feet, said curve having a radius of 1,780.00 feet and a chord bearing and distance of
N60040'31 "E 132.00 feet, thence N58033'01 "E 203.88 feet, thence along a curve to the
right 219.91 feet, said curve having a radius of 490.00 feet and a chord bearing and
distance of N71 °24'27"E 218.07 feet, thence N84015'54"E 366.53 feet, thence along a
curve to the right 388.27 feet, said curve having a radius of 5,220.00 feet and a chord
bearing and distance of N86023'45"E 388.18 feet, thence N88031'36"E 243.33 feet,
thence S01 °28'24"E 40.00 feet, thence S88031'36"W 243.33 feet, thence along a curve
to the left 385.29 feet, said curve having a radius of 5,180.00 feet and a chord bearing
and distance of S86023'45"W 385.20 feet, thence S84015'54"W 366.53 feet, thence
along a curve to the left 201.96 feet, said curve having a radius of 450.00 feet and a
chord bearing and distance of S71 °24'27"W 200.27 feet, thence S58033'01 "W 203.88
feet, thence along a curve to the right 135.00 feet, said curve having a radius of
1,820.00 feet and a chord bearing and distance of S60040'31"W 134.97 feet, thence
S62048'00"W 96.43 feet, thence along a curve to the right 159.74 feet, said curve
having a radius of 570.00 feet and a chord bearing and distance of S70049'42"W
159.21 feet, thence S78051'24' W 93.76 feet, thence along a non tangent curve to the
left 65.62 feet, said curve having a radius of 50.00 feet and chord bearing and distance
of S41 °15'35"W 61.01 feet to the POINT OF BEGINNING: Containing 1.79 acres more
or less.
Washington County, AR
I certify this instrument was filed on
01 /11 /2017 08:56:37 AM
and recorded in Real Estate
File Number 2017- GOOOP17
Kyle Sylvester - Cl cult C rk
by
113 West Mountain Street
City of Fayetteville, Arkansas
Fayetteville, AR 72701
f A* 'f`• tir,usi (479) 575-8323
l��ll�E 1
Text File
`- — File Number: 2016-0467
Agenda Date: 11/15/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
VAC 16-5571 (WEST JUPITER DR./JUPITER DRIVE):
AN ORDINANCE TO APPROVE VAC 16-5571 SUBMITTED BY JORGENSEN AND ASSOCIATES,
INC. TO VACATE A PORTION OF JUPITER DRIVE FROM MCGUIRE STREET TO THE AEP
SUBSTATION
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 street is not required for corporate
purposes; and
WHEREAS, Van Asche Drive has recently been built to four lane boulevard standards to replace Jupiter
Drive and to connect McGuire Street and Ball Street; and
WHEREAS, all property owners along Jupiter Drive have requested that Jupiter Drive be vacated from
McGuire Street to the AEP Substation.
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 Jupiter Drive from
McGuire Street to the AEP Substation as described in Exhibit B attached to the Planning Department's memo
subject to the conditions in Section 3.
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 of approval which all must be
completed by the applicant to the satisfaction of the City prior to this vacation becoming final and prior to any
damage or removal of the portion of Jupiter Drive to be vacated:
1. Any relocation or damage to utilities that could be caused by the removal or relocation of Jupiter Drive shall
be at the owner/developer/applicant's expense. Any relocation of utilities shall be placed into a new easement
City of Fayetteville, Arkansas Page 1 Printed on 1111612016
File Number: 2016-0467
satisfactory to the City. Owner/developer/applicant shall dedicate to the City any such new easement at
owner/developer/applicant's expense.
2. The existing water main within or near the Jupiter Drive right of way must be maintained in good operational
order until the owner/developer/applicant has at its expense properly constructed a replacement water main
acceptable to the City with a properly dedicated easement and received formal acceptance of such fully
functional and operational water main by the City. The owner/developer/applicant may not grade excavate or
do other activities near the existing water main that could damage the water main until the City has accepted the
replacement water main.
3. The Cox fiber line within or near the Jupiter Drive right of way shall be relocated at the
owner/developer/applicant's expense and to Cox's satisfaction prior to any work being done on or near Jupiter
Drive that could endanger this fiber line.
4. All of the owners of the vacated right of way property shall contractually agree in writing that upon or
before 50% or more of the property they now own north of Van Asche Drive that is within the city limits of
Fayetteville is approved by Final Plat or Large Scale Development, they will construct at their expense and
dedicate to the City a public street connection between Ball Street and McGuire Street north of Van Asche
Drive. Such contract, acceptable by the City, must be signed by all owners and/or authorized representatives
of the owners of all land adjoining the current Jupiter Drive section to be vacated before this vacation can be
final.
City of Fayetteville, Arkansas Page 2 Printed on 1111612016
City of Fayetteville Staff Review Form
2016-046 r
- Legistar File ID
10/18120/6
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 9/30/2016
City Planning /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 16-5571: Vacation (WESTJUPITER DR./JUPITER DRIVE, 171): Submitted byJORGENSEN & ASSOCIATES, INC. for
properties located on WESTJUPITER DRIVE. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and C-3,
CENTRAL COMMERCIAL and contain approximately 1.79 acres. The request is to vacate a portion of Jupiter Street.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Fay% —Ile
ARKANSAS
MEETING OF OCTOBER 18, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, City Planning Director
DATE: September 30, 2016
SUBJECT: VAC 16-5571: Vacation (WEST JUPITER DR./JUPITER DRIVE, 171):
Submitted by JORGENSEN & ASSOCIATES, INC. for properties located
SE OF JUPITER ST. & MCGUIRE ST. The properties are zoned C-2,
THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL
and contain approximately 1.79 acres. The request is to vacate a portion
of Jupiter Street.
RECOMMENDATION:
Planning Division staff and the Planning Commission recommend approval of VAC 16-5571 with
the following conditions:
Condition of Approval:
1. Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
2. A water line easement shall be retained in the amount of 10 feet on either side of the
existing water line the is located along Jupiter Drive.
3. The Cox fiber line within the Jupiter Street right-of-way shall be relocated at the
owner/developers expense prior to approval to vacate the street. Until the fiber line is
relocated the right-of-way must remain.
4. A public street connecting Ball Street and McGuire Street, north of Van Asche Drive, shall
be provided at the time of development.
BACKGROUND:
The subject property is the western portion of Jupiter Street in the northwest corner of the
Fayetteville adjacent to the City of Johnson. Jupiter Street is an unimproved two-lane asphalt road
providing an east -west connection between S. McGuire Street and S. Ball Street. The subject
portion of street is located from McGuire Street to the SWEPCO electric substation on the north
side of Jupiter Street; about 2,000 linear feet of street totaling 1.79 acres. Approximately one year
ago the City of Fayetteville completed construction of Van Asche Drive from N. Gregg Avenue to
Garland Avenue (State Highway 112) with a four and five lane sections and a median in some
portions, 5-foot sidewalk along the north side of the roadway and a 10-foot shared use trail with
Mailing Address:
113 W. Mountain Street mm.fayetteville-ar.gov
Fayetteville, AR 72701
a 5-foot sidewalk along the south side of the roadway. This new portion of Van Asche Drive
parallels the subject portion of Jupiter Street.
As depicted on attached Exhibits 'A' and H, the applicant proposes close the subject section of
Jupiter Street and vacate the right-of-way to facilitate future development of the area.
DISCUSSION:
On September 26, 2016 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 8-1-0 (Commissioner Quinlan) voted 'no'. Some
commissioners discussed concerns with closing this active street prior to another street being
constructed to provide additional connectivity, or at least being in the planning stages.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION _ ti
FOR STAFF USE ONLY [Eer S200 00
Date Application Submitted: S n fee: $3.0o
Date Accepted as Complete: S` `
Project Number-: PP9:
Public Hearing Date: Tote:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request:
Applicant (person making request):
Address; �----
Phone:
Email:
1=a <:
s
Site Address 1 Location:
Applicant ' lie resentative
App p
Representative (engineer, surveyor, realtor, etc.).
Name.* L4;ext �'- i C
-r
Address. L) t
Phone:
Email: ._
Fax:
�� i O � -��=!���� ���_ 1"• ��'�'.-�4'� e'er � � 2��ti�
Legal description of area to a vacatedl attg4h separate sheet if necessary):
Current Zoning District:_
Assessors Parcel Number(s) for subject property: �- ja C y ; 76-(--- — 15 7-7,7, —
FINANCIAL INTERESTS
The following entities and i or people have financial interest in this project:
December 2014
Page 1
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name (orinted): Date:
Signature:
PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed bi, the authori ed a ew a letter from each propertj, owner must he protided indicatink that
the agent is audzuri ed to act o►r is/her behal :)
I 'eOwners (attacha1 irr r:e
Nrarne znte yress:
Si
Date: Xlellf. Phone: . `r
Name (printed):
Signature:
Address:
[late- Phone:
Vacation Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$200.00 application fee
$5.00 public notification sign fee
(2) Metes and bounds legal description of the area to be vacated, not the entire property (this
may be included on the survey plat).
(3) Survey of the site depicting the perimeter property lines and area within the property to
be vacated.
(4) CD containing a copy of the legal description in MS Word and PDF copies of the signed
application and all other items submitted with this project.
(5) A surveyor should stake the area on the site to be vacated for utility company review on
their site visit.
(6) A letter addressed to the Planning Commission and City Council describing the scope,
nature, and intent of the request.
(7) Abstractor's Certificate of Ownership stating names of all owners of property adjacent to
the street right-of-way, alley, or easement to be vacated (this document is obtained from
a title company).
(8) A copy of the county parcel map from the Washington County Assessor's office or from the
Washington County website (www.co.washinaton.ar.us). The subject property and all
adjacent parcels should be identified on this parcel map. The owner's name, official mailing
address, and the parcel number for every adjacent property shall be shown on this map.
December 2014
Page 2
16-5571
EXHIBIT 'A'
16-5571
EXHIBIT 'B'
LEGAL DESCRIPTION: (RIGHT OF WAY VACATION)
A part of the SW1/4 of the NW1/4 and a part of the SE1/4 of the NW1/4 of Section 27,
T17N, R30W in Washington County, Arkansas, and being described as follows:
Commencing at the SW Corner of said SW1/4, NW1/4, thence NO2°29'17"E 502.42
feet, thence S87°30'43"E 3.63 feet to the POINT OF BEGINNING, thence NO3°30'46"E
143.63 feet, thence along a non tangent curve to the left 90.39 feet, said curve having
a radius of 50.00 feet and chord bearing and distance of S49021'21 "E 78.57 feet,
thence N78°51'24"E 57.16 feet, thence along a curve to the left 148.53 feet, said curve
having a radius of 530.00 feet and a chord bearing and distance of N70°49'42"E
148.04 feet, thence N62°48'00"E 96.43 feet, thence along a curve to the left 132.03
feet, said curve having a radius of 1,780.00 feet and a chord bearing and distance of
N60040'31 "E 132.00 feet, thence N58033'01 "E 203.88 feet, thence along a curve to the
right 219.91 feet, said curve having a radius of 490.00 feet and a chord bearing and
distance of N71024'27"E 218.07 feet, thence N84015'54"E 366.53 feet, thence along a
curve to the right 388.27 feet, said curve having a radius of 5,220.00 feet and a chord
bearing and distance of N86023'45"E 388.18 feet, thence N88031'36"E 243.33 feet,
thence S01 028'24"E 40.00 feet, thence S88031'36"W 243.33 feet, thence along a curve
to the left 385.29 feet, said curve having a radius of 5,180.00 feet and a chord bearing
and distance of S86023'45"W 385.20 feet, thence S84015'54"W 366.53 feet, thence
along a curve to the left 201.96 feet, said curve having a radius of 450.00 feet and a
chord bearing and distance of S71 °24'27"W 200.27 feet, thence S58°33'01 "W 203.88
feet, thence along a curve to the right 135.00 feet, said curve having a radius of
1,820.00 feet and a chord bearing and distance of S60°40'31 "W 134.97 feet, thence
S62048'00"W 96.43 feet, thence along a curve to the right 159.74 feet, said curve
having a radius of 570.00 feet and a chord bearing and distance of S70049'42"W
159.21 feet, thence S78051'24"W 93.76 feet, thence along a non tangent curve to the
left 65.62 feet, said curve having a radius of 50.00 feet and chord bearing and distance
of S41 °15'35"W 61.01 feet to the POINT OF BEGINNING: Containing 1.79 acres more
or less.
CITY OF
Tay0. vy'lo'lle
ARKANSAS
TO:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
September 26, 2016 (Updated with Planning Commission results)
SUBJECT: VAC 16-5571: Vacation (WEST JUPITER STJJUPITER STREET, 171):
Submitted by JORGENSEN & ASSOCIATES, INC, for properties located
SE OF JUPITER ST, & MCGUIRE ST. The properties are zoned C-2,
THOROUGHFARE COMMERCIAL and C-3, CENTRAL COMMERCIAL
and contain approximately 1.79 acres. The request is to vacate a portion
of Jupiter Street.
RECOMMENDATION:
Staff recommends forwarding VAC 16-5571 with conditions of approval.
BACKGROUND:
The subject property is the western portion of Jupiter Street in the northwest comer of the
Fayetteville adjacent to the City of Johnson. Jupiter Street is an unimproved two-lane asphalt road
providing an east -west connection between S. McGuire Street and S. Ball Street. The subject
portion of street is located from McGuire Street to the SWEPCO electric substation on the north
side of Jupiter Street; about 2,000 linear feet of street totaling 1.79 acres. Approximately one year
ago the City of Fayetteville completed construction of Van Asche Drive from N. Gregg Avenue to
Garland Avenue (State Highway 112) with a four and five lane sections and a median in some
portions, 5-foot sidewalk along the north side of the roadway and a 10-foot shared use trail with
a 5-foot sidewalk along the south side of the roadway. This new portion of Van Asche Drive
parallels the subject portion of Jupiter Street. Surrounding land use and zoning is depicted on
Table 1.
Table i
Surrounding _Land Use and Zoning
Direction from Site Land Use Zoning
North r Undeveloped C-2, Thoroughfare Coinmercral
_ C-3, Central Commercial
South Undeveloped/New van Asche Chive — C-2 Thoroughfare Comrercial;
corridor C-3, Central Commercial
--East Undeveloped (City of Johnson) City of Johnson fl Industrial.)
tl+lesf Industrial (City of Johnson) City of Johnson (I, indusiriap __
Proposal. The applicant proposes close the subject section of Jupiter Street and vacate the right-
of-way to facilitate future development of the area.
Planning Commission
Mailing Address: September26, 2016
113 w. Mountain Street �'vww.fayettevi e-3'AgXda Item 4
Fayetteville, AR I2701 16-5571 Jupiter St.
Page 1 of 19
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the adjoining
property owners, City utility departments and applicable franchise utilities, with the following
responses:
Adjoining Property Owners
David Clark McClinton
Southwestern Electric Power
LIIAlt y
Cox Communications
Southwestern Electric Power
Ozarks Electric
Black Hills Energy
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Transportation
Recycling and Trash
No objections
No objections
Response
No objections with conditions
No objections
No objections
No objections
No objections
No objections
Response
No objections with conditions
No objections
No objections
The construction of Van Asche Drive was intended to serve the same east -west connection as
the subject section of Jupiter Street. Given the completion of Van Asche it is appropriate to vacate
Jupiter Street. The property owners that would be directly affected by the street closure do not
object to the proposal. At the time the surrounding land develops, the City will review street access
and connectivity as needed.
Public Comment:
No public comment has been received.
Planning Commission
September 26, 2016
G'EMIDevelopment Services Review120160evelopment RevieM16-5571 VAC w Jupiter St (Jupiter Street) 171 Agenda Item 4
k03 Planning Comm issiont09-26-20161CommenIs and Redlines 16-5571 Jupiter St.
Page 2 of 19
RECOMMENDATION: Staff recommends forwarding VAC 16-5571 with the following conditions:
Conditions of Approval:
1. Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
2. A water line easement shall be retained in the amount of 10 feet on either side of the
existing water line the is located along Jupiter Drive-
3- The Cox fiber line within the Jupiter Street right-of-way shall be relocated at the
owner/developers expense prior to approval to vacate the street. Until the fiber line is
relocated the right-of-way must remain.
4. Planning Commission added Condition of Approval #4 as noted below (09-26-16).
Planning Commission Action: O Approved X Forwarded C1 Denied
recommendation for approval)
Meeting Date: September 26, 2016
Motion: Hoskins 4_ _A public street connecting Ball Street and McGuire Street, north of Van Asche Drive,
shall be provided at the time of development.
Second: Autry
Vote: 8-1-0 (Commissioner Quinlan voted 'no')
BUDGET/STAFF IMPACT:
None.
Attachments:
■ Request Letter
• Petition to Vacate
• Vacation Exhibit
• Adjoining Property Owner
• One Mile Map
• Close Up Map
and Utility Approvals
Planning Commission
September 26, 2016
G:'i 1"(,1r)eveiopwe.nt Services Revieav12016Tevelopment ^neviewA16-5571 VAG V'l .hipster St. (Jupiter Street) 171 Agenda Item 4
`:93 Pl ;nnsng Corrifnissionl09-26-2016tCornr3lents and Redlines 16-5571 Jupiter St
Page 3 of 19
JORGENSEN
+ASSOCIATES
8/3/16
City of Fayetteville
113 W Mountain Str.
Fayetteville, AR. 72701
�24 LV -D scve 3UiU- 5
Vfflce 41'44429 Z
s-ax- 4:13 582.zi>3Cr
Att: Planning Dept.
.qe: Vacate RJW of Jupiter Street
This is information pertaining to the vacation of right of way of Jupiter Street from McGuine Street to the West
side of the SWEPCO Electric Substation. All adjacent utilities easements will remain. The electric substation will
still have access,
Please call concerning any questions you may have.
Thank you,
Sincerely,
Zav�idL. Jorgensen. P-E-
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 4 of 19
PETITION
PETITION TO VACATE JUPITER STREET RIGHT-OF-WAY FROM MCGUIRE STREET TO WEST SIDE Of
SWEPCO ELECTRIC SUBSTATION, CITY OF FAYETTEVILLE, ARKANSA5
fo: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the Right -of -Way hereinafter
sought to be abandoned and vacated, lying in the City of Fayetteville, Arkansas, a municipal corporation,
petition to vacate said Right -of -Way which is described as follows:
(SEE ATTACHMENT — EXHIBIT 'A')
That the abutting real estate affected by said abandonment would not be adversely affected by this
abandonment.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above described
right of way (not the utility easements), and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, 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 use of said Right -of -Way.
Dated this f� r' day of
r
/tiG/' I " w
Printud
Signature
I
Printed Name
Printed fume
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 5 of 19
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St,
Page 6 of 19
ADJACUN-r Miff,11TY OWNER NOTIFICATIONIAPPROVAL FOR-M
FOR RIGHT- OF- WAV. ALLFVAND
€ASFNIUN I'VACVf 1UNNUX(1ULSI-S
-Subdivision
I S N%M VACAIM
rK4ified of the petition U0 v*CaM Ahc f0ftwiftg (dltdY-
(laawde 109al desL?iP6,Wf "AdglaOilc MmewnLfion of wh ja is being Yacared)
Af))A(,-LWT PROPERTY OWNERS COMMENTS,
heVc "eanx)III'sed of the vc,14ct4j vacahojj and t1mli-ot to CDMIllcul.
d& &It u6icct to the vw;aT; clvtwribcd above.
140 04Wim the rcqutswd vaution btcmw:
T'Plltii
'404%ur* of %6Ucvn' Property 016'llcr
Awlis:vll: Name!
Planning Commission
September 26.2016
Agenda Item 4
16-5571 Jupiter St.
Page 7 of 19
ADJAC'Ei\T PROPERI'Y OWNER N011FICATION APPRON'AL FORM
FOR RIGH'i -O - WAY, ALLEY, AND
EASEMENT VACATION REQMSTS
Date: '1 9 lb
Address - locatiari of vacation:---
-Adjacent property address:
Lot: Block. _ - Subdivision, s
REQUESTED VACATICS\:
i have been notified of the petition to vacate the t'allowing (uflev. easement, desbri5ed as follows
(Includelehul deneription ccndgrul)hic: represerttuliun of whul is being s,uculetl)
AI)1;;( E\T PROPERTY OWNERS C:ONTIAENTS:
1 have been rotifief: of the requested VItcatiun atnd dLCline to cormnent.
'.{ r clk) not ob,ec:t to the vacation described above.
s do ohlrec t to die requested vaCatiOn 1,tcau,c;
'r.fjcCt
�atrud•�+t WAdjs� nt 1'ro}.�cs , r.Sserier �lrrnrPse:l,
r'
ao�_-natw& oi'Adjacent Prcihcrty Owwr
kpplicant Marne
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 8 of 19
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORIM
FOR RIGHT- OF- WAY, ALLEY, AND
EASEMENT VACATION ItkQUFSTS
Date: eI4 /b—
Address :location o1 vacation; -_ J tP i+,?'r t f
Adjacent property address:
Lot: Block: �� Subdivision.
REQUESTED V ACA TLONY
I have been notified ofthe petition t.,) vacate the following Wfl*, eusvinena, righl-af-wryt, described as fof?ows:
(Include legal description anal g!rraphic representation of wfact is being vacated)
AMACEN] PROPER I"Y C)WN RS COMME';vTS:
t have been notiried of the requested vacation and dectinu to cornment-
I du not mbje r to the vacation described above.
I tic object to the requested vacation because.
r•rojQct Larne _
Name of Adjacent PrOn tti of rn?rr}+rrit,t_.!:
Sigadturc of AtJkn:r,I Property Owner
Apphctant \,tltte
:'cis ntti r 'V � 1
hdya'
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 9 of 19
VNIATN AITROX-AL FOR-M.
FOR A LLEY,AND
I I NA Jlz EASUNIEN f VACATVJN5'
DATT, ; b
ti
APPLI(- AN F! I 10\�'
Im"', c.hv?:A dif fllaf apgh--
•
SO"', -!10
Al ;,Ig
1174 f ieg-a
77--
Stakinq Tech. Ill
Planning Commission
September 26. 2016
Agenda Rem 4
16-5571 Jupiter St.
Page 10 of 19
(TU.C[,l�y�uu
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_
--' — -- ----------- -- — --
Planning Commission
September zn.2o10
Agenda Item 4
16-5571 Jupiter St.
Page 1/m1n
CPUT) APPRO� UA`()RN`x
FOR RIGHT- OV- VV!',V. Al 1 F,�, AN;F"
%Tt0N
0810512016
24" A-4
i IT; It iLSrLD VACAT111"N, �(aj3p fill"' In, a8 i ill -'A '—a!' ON' f4wir-
ioiafickn Address
i T T-i Cj) b?, T
!!L�igrifpww C R if
j
if any AT&T facilities are damp qgd of rc�q it r luuatior will tLe ke
of the property owner/ develge.r_
JEFF HAMILTON
MGR 0SR Ping & En es Li
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 12 of 19
1 11.11 N 11,11IMN HMM
It K I I. I I I- (M - Ns % % I 1 . NNIO
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%, ". I - . u . , 4,. F ,
-x. i ji I . : 1, %, 0 1 1
Planning Commission
September 26. 2016
Agenda Item 4
16-5571 Jupiter St.
Page 13 of 19
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AIND
UTILITY EASEMENT VACATIONS
DATE:
to tt13 ti t_.t)Is'IPA NY: `' la-"h. ?L I L; ;fler
�APPI.ICA4T - AME: _G_ �"-- --i C..f_ t + « ._- --._ 1Pf*C:€L:!`i i" PHONE:- --'#
REQUESTED VACA NON trrpplicant mast chrrk all that apply;:
i ti ity Ewiemcnt
Rig,, -It -of -way far alley or streets and aft Utility ea meets located within the vacated sight- of- way
Alley
Stree; right -viva+
I havc been aw fified if the petition W vacwc the f01l0oV1n sa'vy casement, ui:scrit}ed wi loth wv-:
C;eoerallocation-Addresc
L $;i'TTAC:11 iegal descripufm arjd graphic renreventarion or what is being vacated-SURVE1)
;{ 10 ,,)bjeetjcens ec the Eru,ai;;,nf . described ahov and no comments
N objections tc the :acatiunfs described sbo,.e- XOvide� itasttns described easement, are retxirwi
'State the location, and P-UtPase be"Qw. s
No obte'7:ija5 Lirovis-�# the ?otlowul ';�a adst, ms are mCt:
sign attire u= t;tiiit 4lpa€l Tt nresdtttati,z __
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 14 of 19
UTILITY APPROVAL FORM
FOR PJGH'T- OF- WAY, ALLEY, AND
UTILITY Y" EAS EMENI' VACATIUNS
I-_"`fI3.1iY C'??tiii':i�F�" � n � r•C[. •c � k ••�"' �+�w.� �t `—� ��tr�:.7• a�•.,�`
-}PPUCANIT °tiAN F<: tx_ [ e i' i�f APPLICA 1T PHONE: z —9 z 7
I REQUESTFL) V 1C:A rION (applicant mast check all that apply):
Utility Easement
night -of way for alley or streets and all utility easements located within the c"acat'U" way
Alley
Street =.'fight -of -way
I have bmn :tarn€ed of the petition€ w vacate the following (al=e,, ;A descrior°d as ioiio s
General loCaRio>!: Aclrlress t'A _ _.._,'.;.��2._�..�y:n_ ?_�� _ C �_.='�
?AT7`ACH legal descripfrtm -id graphic r epresetrialion of what is betng racuted S RE'f:'i'
No ob ecilofts to iSe vacation(s) aescribed abovet and no comment=.
%'o objections m the vacidon(s) desCrihed above, prrsvided rai'awlti i serif ed aisntenE are retairw'4
Ntate Elie 'Ucation,ditrensinns, and *tlt ase heiow,l
ND oPs€ectiQrs prs�ta&t�i1 fire :ttilosxitlg cr,nalltio;Is are rrlet:
n4 t:tSli % 1 ,t1I91r:lh' �Rcsnl
W?tic r
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 15 of 19
UTIUTYAPPROVAL FORNI
[-'Ojc jtl(�IIT-OF- WAV,.M.1,1M FAND
UTILI 17Y E,.xSFMLNT V,,kC:k'fIONS
t,;'TILITYCOMPANY:
APPLK
RSMIMPIO VACA HON (qWHCQM H?Mf chwk99 "If WyW
Uglily Fasellwili
Righll-t-f-'.vty fbafflc�, or ameb nd A MY nwillents locatzd `'41611 II?'.'. �ic-Aed ljgh- of- w-?y,
AM
I hme men md&d ME PORWn w
VIR "L� 1)
lb,
Oym,w w dw ."Now A MEN am W
35 Ojwv"s w Ow vWwIrs) ii, saflb,_d :bHowmg dcarOW wacmaus 2w rwhW,
(;;tAt'. Ills' pwr"�%5e -,
yaammf ;
AM 5
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 16 of 19
UTILITY.AYFROVAL FORM
I711_ITYFASEWVI°iAC.1"i'IONS
= I,.Ff'i t €i11t' �11': 1 T G i{ J .. , � •rG l�il�F f' ! S& er%2
>YPI.It:1NT1VAMt:_17 tFfttAN[ sIIG�F: � "��A��
RLQUESTED VACATION (applicant miestehec•k all tharappts-•);
Utility fiasernent
Right-ot=way for alley car stne(s and all utility eascmertLs Mewed within the vatared right- of- way
Alley
Stmet right-of-way
I have been notified of the petition (o vacate the following described as fn$Iaws:
� L
Generat lncation / Address - y' � - ,- -'r h < li tr. 'i
�i 17S *I �•-.__ i �•�,y. - L. t:' - r � •,,�-i-. L ' 4• �''�1-a'tfi'i.�',.�s
'i 64TT.AC11legal description and graphic representation of what firing vacated-SURVEY1
t UILI FY COMPANY C"CtivlW' `TS•
No objections to the vacation(5) described above, and no cu-mments
' rf' No objections to the vawfton(s) described above, provided 1611o=-sing dzxx bed easetftents are retained.
(State the location, dimensions, and purpose below a
ti (473> C• 11vC
5®T< / Ate st )r / STt kV47M Z. l/ t-
No o€tjeetions pti'�vided fhe following, s ooditiowi cvc rract•
,rt
Siynataftc• of lit+City t" .it .and Re p r e sen I ati v e
Planning Commission
September 26, 2016
Agenda Item 4
16-5571 Jupiter St.
Page 17 of 19
VAC 16-5571
Close Up View
SHULER DR
Legend
JUPITER STREET
p i
h
R-A.
V•
` Planning Area
L — _1 Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Design Overlay District
Building Footprint
Feet
0 112.5 225 450 675 900
1 inch = 300 feet
Hi1-111,11a
Residential -Agricultural
C-2
C-3
Planning Con nission
2016
Agenda Item 4
16-5571 Jupiter St.
Page 18 of 19
VAC 1E-5571 J'UP'ITE ' STREET
One Mire view
NORTH
0 0 125 025 05 Miles
SHUI.FR DR Subject Property
t
Ix
VI
l
1
■
1
1
x
' I
� � • E a� il• � � y1�� �t�rr
r t ♦�.yf •_.. as - ti7
M<
it 'q?'�� �,� , rr,ik • � .
9RIVATE JaS9TES`...
RPM
Legend
1 Planning Area
L _ _1 Fayetteville City Limits , +aaN i►x@a t"Ma r5
. • .... Shared Use Paved Trail KESWINIIaI wUtr .PAYlLY �,;., w '`
i 111I I Trail (Proposed) �.• Y ;:.;_,•�,, ,..
i X -
1 Design Overlay District :a Ln AH6A 18 rice l ,;
L _ _ _: ' Piarimng Area
!
Building Footprint m,rsr.'A k yc nrwnuvaY
Fayeltet lle Uy Limits Planning Can m
czeaptemb 6.
ssion
2016
Agenda Item 4
16-5571 Jupiter St.
Page 19 of 19
A•R 1 1
Democrat
*Oazette
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat- Gazette,
printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my
own personal knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5925
Was inserted in the Regular Edition on:
November 24, 2016
Publication Charges $210.60
aren aler
Subscribed and sworn to before me
This 21 day of -nbY , 2016.
(�V, (A),�&
Notary Public
My Commission Expires: -*f z-v�
CATHY WILES
Arkansas - Benton County
Notary Public - Cornm#/2397118
My Commission Expires Feb 20, 2024
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
RECEIVED
DEC 02 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 5925
File Number: 2016-0467
VAC 16-5571 (WEST JUPITER
DRAUPITER DRIVE):
AN ORDINANCE TO APPROVE VAC
16-5571 SUBMITTED BY
JORGENSEN AND ASSOCIATES,
INC. TO VACATE A PORTION OF
JUPITER DRIVE FROM MCGUIRE
STREET TO THE AEP SUBSTATION.
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
street is not required for corporate
purposes; and
WHEREAS, Van Asche Drive has
recently been built to four lane
boulevard standards to replace Jupiter
Drive and to connect McGuire Street
and Ball Street; and
WHEREAS, all property owners along
Jupiter Drive have requested that Jupiter
Drive be vacated from McGuire Street to
the AEP Substation.
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 Jupiter Drive from McGuire
Street to the AEP Substation as
described in Exhibit B attached to the
Planning Department's memo subject to
the conditions in Section 3.
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 of
approval which all must be completed
by the applicant to the satisfaction of the
City prior to this vacation becoming
final and prior to any damage or removal
of the portion of Jupiter Drive to be
vacated:
1. Any relocation or damage
to utilities that could be caused by the
removal or relocation of Jupiter Drive
shall be at the
owner/developer/applicant's expense.
Any relocation of utilities shall be
placed into a new easement satisfactory
to the City. Owner/developer/applicant
shall dedicate to the City any such new
easement at owner/developer/applicant's
expense.
2. The existing water main
within or near the Jupiter Drive right of
way must be maintained in good
operational order until the
owner/developer/applicant has at its
expense properly constructed a
replacement water main acceptable to the
City with a properly dedicated easement
and received formal acceptance of such
fully functional and operational water
main by the City. The
owner/developer/applicant may not grade
excavate or do other activities near the.
existing water main that could damage
the water main until the City has accepted
the replacement water main.
3. The Cox fiber line within or
near the Jupiter Drive right of way shall
be relocated at the
owner/developer/applicant's expense and
to Cox's satisfaction prior to any work
being done on or near Jupiter Drive that
could endanger this fiber line.
4. All of the owners of the
vacated right of way property shall
contractually agree in writing that upon or
before 50% or more of the property they
now own north of Van Asche Drive that
is within the city limits of Fayetteville is
approved by Final Plat or Large Scale
Development, they will constrict at their
expense and dedicate to the City a public
street connection between Ball Street and
McGuire Street north of Van Asche
Drive. Such contract, acceptable by the
City, must be signed by all owners and/or
authorized representatives of the owners
of all land adjoining the current Jupiter
Drive section to be vacated before this
vacation can be final.
PASSED and APPROVED on
11/15/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73940087 Nov. 24, 2016
