HomeMy WebLinkAboutORDINANCE 59624'F r.r�Tp.
A'�RAI3SF�...
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5962
File Number: 2017-0165
IIIIIII IIII I III VIII VIII IIII VIII II II IIII VIII VIII VIII VIII II II IIII III
Doc ID: 017493570004 Type: REL
Kind: ORDINANCE
Recorded: 06/15/2017 at 02:22:16 PM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2017_00018074
VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33):
AN ORDINANCE TO APPROVE VAC 17-5725 FOR PROPERTY LOCATED AT LOT 33 OF VILLAS
AT FOREST HILLS, SOUTHWEST OF WEST JEWELL ROAD AND NORTH SALEM ROAD TO
VACATE AN ACCESS EASEMENT
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 access 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 Council of the City of Fayetteville, Arkansas hereby vacates an access easement
as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3. This vacation approval is subject to the following conditions:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be at
the owner/developer's expense.
2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended
northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the
Page 1 Printed on 415117
Ordinance: 5962
File Number: 2017-0165
Forest Hills PZD Master Development Plan and approved by City Engineering staff in association with
the grading permit for the Villas. The requested vacation shall not be approved until completion of the
connection and its dedication and acceptance as public right-of-way by the City of Fayetteville.
PASSED and APPROVED on 4/4/2017
Attest:
Sondra E. Smith, City Clerk Treasurer
Page 2 Printed on 415117
VAC 17-5725
Close Up View
Legend
VILLAS AT FOREST HILLS
LOT 33
1
Planning Area
Lzzz
Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
RMF -24
CORAL CANYON LOOP
Feet
0 75 150 300 450 600
1 inch = 200 feet
17-5725
EXHIBIT -A'
W�
NORTH
SO.. Residential -Agricultural
RS F-4
RMF -24
`i C-2
Commercial, Industrial, Residential
17-5725
EXH 1 B17 `B'
The 20' Access Easement across part of Lot 33, Town Homes at Forest Hills, Lots 1 thru 34, as filed for
record, File Number 0024-00000093, January 6, 2016, more particular described as follows:
BEGINNING at the Southeast Corner of said Lot 33; thence North 88005'20" West along the south line of
said Lot 33 a distance of 144.09 feet; thence leaving said south line, North 25°11'24" East a distance of
21.77 feet; thence South 88°05'20" East a distance of 137.12 feet to the west right-of-way line of Salem
Road and the east line of said Lot 33; thence 20.07 feet along the arc of a non -tangent curve to the right,
said curve having a radius of 220.50 feet and being subtended by a chord bearing and distance of South
06°34'39" West, 20.07 feet to the Point of Beginning.
Washington County, AR
I certify this instrument was filed on
06/15/2017 02:22:16 PM
and recorded t ea Estate
File Number/2017-00 UKRAq
Kyle Sylvest r- Circ leric
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0165
Agenda Date: 4/4/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 2
VAC 17-5725 (SW OF JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33):
AN ORDINANCE TO APPROVE VAC 17-5725 FOR PROPERTY LOCATED AT LOT 33 OF
VILLAS AT FOREST HILLS, SOUTHWEST OF WEST JEWELL ROAD AND NORTH SALEM
ROAD TO VACATE AN ACCESS EASEMENT
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 access 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 Council of the City of Fayetteville, Arkansas hereby vacates an access
easement as described in Exhibit B attached to the Planning Department's memo.
Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3. This vacation approval is subject to the following conditions:
1. Any costs associated with relocation of or damage to utilities and new easement dedication shall be
at the owner/developer's expense.
2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be extended
northwards to access Salem Road via the Villas at Forest Hills subdivision, as indicated in the Forest
Hills PZD Master Development Plan and approved by City Engineering staff in association with the
grading permit for the Villas. The requested vacation shall not be approved until completion of the
connection and its dedication and acceptance as public right-of-way by the City of Fayetteville.
City of Fayetteville, Arkansas Page 1 Printed on 41512017
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/17/2017 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 17-5725: Vacation (SW OF W. JEWELL RD. & N. SALEM RD./VILLAS AT FOREST HILLS LOT 33, 440): Submitted by
MORRISON-SHIPLEY ENGINEERS, INC. for property located SW OF W. JEWELL RD. & N. SALEM RD. The property is
zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 24.43 acres. The request is to
vacate an access easement.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
Approval Date:
V20140710
CITY OF
F� lle
ARKANSAS
MEETING OF APRIL 4, 2017
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: March 17, 2017
SUBJECT: VAC 17-5725: Vacation (SW OF W. JEWELL RD. & N. SALEM
RD./VILLAS AT FOREST HILLS LOT 33, 440): Submitted by
MORRISON-SHIPLEY ENGINEERS, INC. for property located SW OF W.
JEWELL RD. & N. SALEM RD. The property is zoned CPZD,
COMMERCIAL PLANNED ZONING DISTRICT and contains
approximately 24.43 acres. The request is to vacate an access easement.
RECOMMENDATION:
Planning Division staff and the Planning Commission recommend approval of VAC 17-5725 with
the following conditions:
Condition of Approval:
Any relocation or damage to utilities and associated new easement dedication shall be at
the owner/developer's expense.
The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be
extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as
indicated in the Forest Hills PZD Master Development Plan and approved by City
Engineering staff in association with the grading permit for the Villas. The requested
vacation shall not be approved until completion of the connection and its dedication and
acceptance as public right-of-way by the City of Fayetteville.
BACKGROUND:
According to Washington County records, the subject easement was recorded in January of 2016
to act as a northern access drive/outlet for the public alley serving Lots 1-15 of the Town Homes
of Forest Hills. At the time, the access easement was recorded to temporarily serve the public
alley rather than dedicate further right-of-way, with the intent of subsequently vacating the access
easement, and connecting the alley to the Villas at Forest Hills to the north in accordance with
the Forest Hills Master Development Plan. Infrastructure installation is currently underway for the
Villas at Forest Hills, including the aforementioned extension of the existing public alley northward.
Proposal: The applicant proposes vacation of an access easement as depicted on the attached
Exhibit `A' and Exhibit `B'.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
On March 13, 2017 the Planning Commission forwarded this item to the City Council with a
recommendation for approval with a vote of 9-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
• Exhibit B
■ Application
• Planning Commission Staff Report
VAC 17-5725 VILLAS AT FOREST HILLS 17-5725
Close Up View LOT 33 1 EXHIBIT W
tallii
Subject Property
- -- -- HUD
PERSIMMON ST
CORAt CANYON LOOP NORTH
Legend
II Planning Area Residential -Agri cultural
�-
RSF-4
_ _ :Fayetteville City Limits RMF -24
Feet , �_�
Shared Use Paved Trail
Trail (Proposed)
0 75 150 300 450 600 Commercial, Industrial, Residential
Building Footprint 1 inch = 200 feet
17-5725
EXHIBIT 2131
The 20' Access Easement across part of Lot 33, Town Homes at Forest Hills, Lots 1 thru 34, as filed for
record, File Number 0024-00000093, January 6, 2016, more particular described as follows:
BEGINNING at the Southeast Corner of said Lot 33; thence North 88°05'20" West along the south line of
said Lot 33 a distance of 144.09 feet; thence leaving said south line, North 25°11'24" East a distance of
21.77 feet; thence South 88°05'20" East a distance of 137.12 feet to the west right-of-way line of Salem
Road and the east line of said Lot 33; thence 20.07 feet along the arc of a non -tangent curve to the right,
said curve having a radius of 220.50 feet and being subtended by a chord bearing and distance of South
06°34'39" West, 20.07 feet to the Point of Beginning.
0
CITY OF FAYETTEVILLE, ARKANSAS
Right -of -Way, Easement or Alley
VACATION
FOR STAFF USE ONLY
FEE. $200.00
Date Application Submitted:
Sign Fee: $5.00
Date Accepted as Complete:
S -T -R:
Project Number.
PP##:
Public Nearing Date:
Zone:
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 furnisher!
Anlnlication:
Indicate one contact person for this request:
Applicant (person making request):
Name: Charles Palmer
Forest Hills Partners, LLC
Address: 6301 Cliff Drive
Ft Smith, AR 72917
Phone: ( 479 ) 494-5682
Email:
Fax:
Applicant ✓ Representative
Representative (engineer, surveyor, realtor, etc.):
Name: Patrick Foy
Morrison Shipley Engineers
Address: 2407 SE Cottonwood Street
Bentonville AR 72712
Phone:( 479 ) 273-2209
Email: pfoy@morrisonshipley.com
Fax: ( 1
Site Address / Location: Southwest corner of Salem and Jewell in The villas at Forest Hills (Lot 33)
Legal description of area to be vacated (attach separate sheet if necessary):
-.See-Attached.....
Current Zoning District: PZD
Assessors Parcel Number(s) for subject property: 765-29853-000
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
Forest Hills Partners. LLC.
January 2017
Page /
APPLICANT /REPRESENTATIVE: I certify under penalty of perjury dial the loregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of illy 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 nliglat set '4�6I fit lolls on appro
la
A''`�,t j* l',-- (OJ,7u� Date:
Si
PROPERTYO1VNER(S) /AUTHORI7_ED AGENT: I/wc certify under penalty of perjury that I amAve 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 slt+nyel ha' the fill ill is a al aLfeeff. ai"tplfer f tim ea('la faropery oseloer must he Provided laaala,'c afing that
tk nr W rt -a wharizerl In act on hislleer hehralfl
Owners (attach nrhliflonaal info if neces.vari)t
Namc(
Nagle (printed):
SiYnature:
Date!
Address:
Phone: ( i
Address:
Pbonc:( I
Vacation Checklist:
Attach the.%ltowing items to Ihi.e application•
( I ) Payment in lull of applicable Ices for processing the application:
$200.00 application Icc
$5.00 public notification sign Ice
(2) Nletcs and bounds legal description of the arca to be vacated, not the entire property (this
may be included on the survey plat).
(3) Survey of the site depicting the per•imcfer properly lines and area within the property to be
vacated.
(4) CD containing a copy of the legal description in NIS Word and I'DF copies of the signed
application and all other items submitted with this project.
(5) A surveyor should stake the arca on the site to be vacated for utility company review on
their site visit.
(G) A letter addressed to the Planning Commission and City Council describing the scope,
nature, and intent of the request.
(7) Abstractor's Certificate of nsvnu•ship stating names of all owners of property adjacent to
the street right-of-way, alley, or easement to be vacated (this document is nbtaincd front a
title company).
(8) A copy of the county parcel neap from the 1Vashingt01l County ASSCSSer'S office or from the
Washington County website(wnjv,t:ri.tti;ttihittieatrrt_s.;lr.t s). 'file subject property and all
adjacent parcels should be identified Alii this pareel ilmp. "Hic owner's name, official mailing
address, and the parcel number kir every adjacem property shall be shown on this map.
Jannarn-70/7
Page 2
CITY OF
ray Vi
PVAS
1%1
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Jonathan Curth, Senior Planner
March 13, 2017 (Updated with Planning Commission Results)
SUBJECT: VAC 17-5725: Vacation (SW OF W. JEWELL RD. & N. SALEM
RD./VILLAS AT FOREST HILLS LOT 33, 440): Submitted by
MORRISON-SHIPLEY ENGINEERS, INC. for property located SW OF W.
JEWELL RD. & N. SALEM RD. The property is zoned CPZD,
COMMERCIAL PLANNED ZONING DISTRICT and contains
approximately 24.43 acres. The request is to vacate an access easement.
RECOMMENDATION:
Staff recommends forwarding VAC 17-5725 to City Council with a recommendation for approval
with conditions.
BACKGROUND:
The subject access easement is on the west side of Salem Road between Jewell and Persimmon
Roads to the north and south respectively. The access easement and all surrounding properties
are a part of the larger Forest Hills Planned Zoning District (R-PZD 07-2793), which was approved
in June of 2008. According to Washington County records, the subject easement was recorded
in January of 2016 to act as a northern access drive/outlet for the public alley serving Lots 1-15
of the Town Homes of Forest Hills. At the time, the access easement was recorded to temporarily
serve the public alley rather than dedicate further right-of-way, with the intent of subsequently
vacating the access easement, and connecting the -alley to the Villas at Forest Hills to the north
in accordance with the Forest Hills Master Development Plan. Infrastructure installation is
currently underway for the Villas at Forest Hills, including the aforementioned extension of the
existing public alley northward. Surrounding land use and zoning is depicted in Table 1.
Table 1
surrounding Zoning and Land Use
Direction
Land Use
Zoning
North
Residential Infrastructure for the Villas
,__ ...............
R-PZD, Residential Planned Zoning District (Forest Hills)
at Forest Hills
South
Town Homes at Forest Hills
Undeveloped;
R-PZD, Residential Planned Zoning District (Forest Hills
R-PZD, Residential Planned Zoning District (Forest Hills)
East
Town Homes at Forest Hills
Residential Infrastructure for the Villas
West
R-PZD, Residential Planned Zoning District (Forest Hills)
at Forest Hills
Proposal: The applicant requests to vacate a 20 -foot access easement that was previously
recorded to provide a temporary northern access to Jewell Road for the public alley serving Lots
1-15 of the Town Homes of Forest Hills. The easement will not be necessary to facilitate access
after the completion of infrastructure construction and dedication associated with the Villas at
Forest Hills.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Vacation Approval: The applicant owns both parcels adjacent to the access easement. Outside
approvals to vacate this easement are not required.
Public Comment:
No public comment has been received. Although a public notification sign was posted, there was
not a requirement to notify adjacent property owners due to the all properties adjoining the access
easement being owned by one individual.
RECOMMENDATION: Staff recommends forwarding VAC 17-5725 to the City Council with a
recommendation for approval subject to the following conditions:
Conditions of Approval:
1. Any relocation or damage to utilities or the adjacent existing structure shall be at the
owner/developer's expense; and
2. The existing alley associated with Lots 1-15 of the Town Homes at Forest Hills shall be
extended northwards to access Salem Road via the Villas at Forest Hills subdivision, as
indicated in the Forest Hills PZD Master Development Plan and approved by City
Engineering staff in association with the grading permit for the Villas. The requested
vacation shall not be approved until completion of the connection and its dedication and
acceptance as public right-of-way by the City of Fayetteville.
Planning Commission Action: ® Approved
Meeting Date: March 13, 2017
Motion: Hoffman
Second: Hoskins
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None.
Attachments:
• Request Letter
• Petition to Vacate
• Easement Vacation Exhibit
• Updated and Approved Off-site Alley Connection
• Forest Hills Master Development Plan Site Layout
• One Mile Map
• Close Up Map
• Current Land Use Map
O Forwarded O Denied
GAETC\Development Services Review\2017\Development Review\17-5725 VAC N. of 563 N. Salem Rd.
(Villas at Forest Hills Lot 33) 440\03 Planning Commission\03-13-2017
CUP 17-5725
Request Letter
MORRISON
SHIPLEY
ENGINEERS - SURVEYORS
February 13, 2017
City of Fayetteville
Planning Commission
125 W. Mountain St.
Fayetteville, AR 72701
Re: Access Easement Vacation on Lot 33 of Forest Hills
Dear Planning Commission,
Morrison -Shipley Engineers on behalf of Mr. Palmer would like to respectfully request
the existing Access Easement be vacated, located on Lot 33 of Forest Hills. The subject
property is located at the southwest corner of Salem and Jewell off Wedington. There
was an alley way built during the construction of The Townhomes at Forest Hills. During
the construction process it was realized it makes more sense to provide connectivity
between The Villas at Forest Hills and The Townhomes at Forest Hills. The entrance to
The Villas is right over 100' to the west of the alley way so it was determined to remove
the alley way entrance and vacate the alley way to limit the amount of curb cuts onto
Salem. Attached, please find the Access Easement Vacation Exhibit with Legal
Description, a map and- list of adjacent owners, and a petition from the owners.
Comments from adjacent owners were not obtain since Mr. Palmer is the owner of both
properties easement is located within Lot 5. The petition from the owners will act as
comments from adjacent owners if needed.
If you have any questions or need additional information, please contact me at
(479)273-2209.
Sincerely,
Morrison -Shipley Engineers, Inc.
Patrick Foy, E.I.
Project Manger
a 30
SCALE: 1'= 30'
Lot 33
The Town Homes
At Forest Hills 20' Utility Easement
File #0024-00000093 Per Plat 2010-00001296
S88°05'20"E 137.12'
20' Access Easmenf
To Be Vacated
N88°05'20"W 144.09'
Lot 15
The Town Homes
At Forest Hills
File #0024-00000093
/POB
SEorner
f Lot 33
1
N. Salmi Road I�
gRosdIRlght•ON' ay—
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The 20' Access Easement across part of Lot 33, Town Homes at Forest Hills, Lots 1 thru 34, as filed for
record, File Number 0024-00000093, January 6, 2016, more particular described as follows:
BEGINNING at the Southeast Corner of said Lot 33; thence North 88°05'20" West along the south line of
said Lot 33 a distance of 144.09 feet; thence leaving said south line, North 25°11'24" East a distance of
21.77 feet; thence South 88°05'20" East a distance of 137.12 feet to the west right-of-way line of Salem
Road and the east line of said Lot 33; thence 20.07 feet along the arc of a non -tangent curve to the right,
said curve having a radius of 220.50 feet and being subtended by a chord bearing and distance of South
06°34'39" West, 20.07 feet to the Point of Beginning.
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ENGINEERS . SURVEYORS THE TOWN HOMES AT FOREST HILLS
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- CUP 17.5725
Update and Approved= {
33
Off-site Alley Connection
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LOT 33
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Close Up View LOT 33
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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 County 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. 5962
Was inserted in the Regular Edition on:
April 13, 2017
Publication Charges: $ 117.00
Karen Caler
Subscribed and sworn to before me
This Z day of 0?_�_ , 2017.
&V, "
Notary Public
My Commission Expires:
MY COFf71711a it,
Feb 20 2024
**NOTE**
Please do not pay from Affidavit
Invoice will be sent.
RECEIVED
MAY 012017
CITYO LERY E 0FFICE
Ordinance: 5962
File Number: 2017-0165
VAC 17-5725 (SW OF JEWELL RD. & N.
SALEM RD./VILLAS AT FOREST HILLS
LOT 33):
AN ORDINANCE TO APPROVE VAC
17-5725 FOR PROPERTY LOCATED AT
LOT 33 OF VILLAS AT FOREST HILLS,
SOUTHWEST OF WEST JEWELL ROAD
AND NORTH SALEM ROAD TO
VACATE AN ACCESS EASEMENT
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
access 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 Council of the City
of Fayetteville, Arkansas hereby vacates an
access easement as described in Exhibit B
attached to the Planning Department's
memo.
Section 2. A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the Planning
Department's memo shall be filed in the
office of the Washington County Circuit
Clerk.
Section 3. This vacation approval is subject
to the following conditions:
1. Any costs associated with
relocation of or damage to utilities and new
easement dedication shall be at the
owner/developers expense.
2. The existing alley associated
with Lots 1-15 of the Town Homes at
Forest Hills shall be extended northwards to
access Salem Road via the Villas at Forest
Hills subdivision, as indicated in the Forest
Hills PZD Master Development Plan and
approved by City Engineering staff in
association with the grading permit for the
Villas. The requested vacation shall not be
approved until completion of the connection
and its dedication and acceptance as public
right-of-way by the City of Fayetteville.
PASSED and APPROVED on 4/4/2017
Jordan, Mayor
Sondra E. Smith, City Clerk Treasurer
74093567 April 13, 2017