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Home My WebLink AboutORDINANCE 6174OF FAYE�rF �= L (, F 4RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6174 File Number: 2019-0205 VAC 19-6575 (2090 W. HENSON HILL RD./HENSON HILL): I111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IlIII IIIIIIiIIiIIIIIIII Doc ID: 018558620004 Type: REL Kind: ORDINANCE Recorded: 04/26/2019 at 03:40:52 PM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2019-00011777 AN ORDINANCE TO APPROVE VAC 19-6575 FOR PROPERTY LOCATED AT 2090 WEST HENSON HILL TO VACATE A PORTION OF A UTILITY 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 portion of a 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 Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 4/16/2019 Page 1 Printed on 4117119 File Number: 2019-0205 Ordinance 6174 Page 2 Attest: Sondra E. Smith, City Clerk Treas• • • RFq'�,, `.\�� • G\i Y ox, •.sG� FAYETTEVILLE : ' �.�J' •• �'kA NSP. ••C'^�` Printed on 4/17119 � W nwna m, rrmv+va+� vscu wo � vdpvgYl.W +w..Yrw+rr.nr.�rn_._w Q4NM EMTWi KCL j � _--_ r""°�.Q w�j 'n0~"�S'�'p'�w•_•,• srsaria. anurau<rr � ■A � ay..°�itnx�awn tr r�om'us an ao �u i� �Y1--�—`----r �'1'i'HdN � y1A, m [uvannawn�onwuwan :ON --- - ON--- rourscmu.��xm roe` 4 1 � W p tl cWg� jam= s" I------ I r--- -----V IISI y I I r LJ ° 88 � i I —— ----- _J9 W i i -- I— I— — — — — — — — —I—I—11 I J ��L„v r _ r— ------- ------ + �3;s•c W +� aW Yee — r-�ovtw�%sxtzv—,r i M6 G) O _J _--- ^--- — 1 JJ 1 — —rL e L__' �1 -----J- 1j+---- I i--------T----II I I II Y �mj �j I I --- I W .s 3 N w $ _97�.. ° � °° FGjs ----- io v.e. I I r-- — — — — — — — w �55R Vll ul 1 �1 i . I I �1� Q • • tq31 ,ryy�- �I f✓ $ _ o- qim CoZZ 1 U z <<C 1 —n I g 11 I 1 ci 88Q 1 ' _ F gg I I � I w I F:yt oo "t 63 X34 I I � I I I C� I v`o-. �8 5t9j FJDc O _ lig- Cock SRP °ei BE 19-6575 EXHIBIT 9135 Bates all Associates, Inc. Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479.442-9350 ' FAX: 479-521-9350 www ,�nwabatesinc.com Legal description of Utility Easement Vacation: A PART OF LOT 31 INCLUSIVE, BLOCK 1, WEST END ADDITION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 5 AT PAGE 75, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WTT: COMMENCING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 28 AND RUNNING THENCE S88° 1752"E 149.61, THENCE NO204754"E 10.00', THENCE S88017'52"E 16.22' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE NO1 °21'31 "E 41.46', THENCE S88°38'29"E 20.00', THENCE S01°21'31 "W 41.58', THENCE N8801752"W 20.00', TO THE POINT OF BEGINNING; CONTAINING 0.02 ACRES, MORE OR LESS. Washington County, AR -- I RI certify this instrument was filed on 04/26/2019 03:40:52 PM and recorded in Real Estate File Number 2019-00011777 Kyle Sylvester -RKrk by L T, City of Fayetteville, Arkansas 113 West Mountain Street p Fayetteville, AR 72701 (479) 575-8323 Text File -� File Number: 2019-0205 Agenda Date: 4/16/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 9 VAC 19-6575 (2090 W. HENSON HILL RD./HENSON HILL): AN ORDINANCE TO APPROVE VAC 19-6575 FOR PROPERTY LOCATED AT 2090 WEST HENSON HILL TO VACATE A PORTION OF A UTILITY 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 portion of a 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 Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 4117/2019 City of Fayetteville Staff Review Form 2019-0205 Legistar File ID 4/16/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 3/29/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6575: Vacation (2090 W. HENSON HILL/RPH, LLC.- HENSON HILL, 520): Submitted by BATES & ASSOCIATES, INC. for property located at 2090 W. HENSON HILL. The property is zoned RMF -18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate a portion of a utility easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title 0 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 16, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: March 29, 2019 STAFF MEMO SUBJECT: VAC 19-6575: Vacation (2090 W. HENSON HILL/RPH, LLC.- HENSON HILL, 520): Submitted by BATES & ASSOCIATES, INC. for property located at 2090 W. HENSON HILL. The property is zoned RMF -18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6575 as shown in the attached Exhibits 'A' and 'B' and with the following condition of approval: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. BACKGROUND: The subject property is located on the south slope of Markham Hill, just west of the intersection of Nettleship Street and Cross Avenue. The property was rezoned to RMF -18 in 2015 and a large scale development was approved in 2017, which is currently under construction. Proposal: The applicant proposes to vacate a recently -platted, existing 20 -foot utility easement that is located along the southern property line approximately midway between the east and west boundaries. The requested vacation totals approximately 820 square feet which will be rededicated approximately three feet further to the east (see attached exhibit). The applicant has commented that the vacation is necessary to accommodate a minor shift in the building layout necessitated by building code. DISCUSSION: At the March 15, 2019 Planning Commission, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with all conditions as recommended by staff. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission packet 1. lu 2�2?sqles oillm :CIN3031 lu (E) -p - — — — — — — — — — — — — — — — r — — — — — — — --- — — — — — — — — — — — -- — — — J qa, 9 — — — — — — — — — — — — L 18 It T-4— 'Eg- ---------- ---- - -------- Ec - --------- e-g "wl < uj f'20'U.E. % -I IL 5d 24;. — — — — — — — — — — — — — — — — - I 7c 19-6575 EXHIBIT'B' Bates -011"Associates.inc. Civil Engineering - Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350' FAX: 479-521-9350 www.nwabatesinc.com Legal description of Utility Easement Vacation: A PART OF LOT 31 INCLUSIVE, BLOCK 1, WEST END ADDITION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 5 AT PAGE 75, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 28 AND RUNNING THENCE S88° 17'52"E 149.61', THENCE NO2°47'54"E 10.00', THENCE S88°17'52"E 16.22' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE NO1 °21'31 "E 41.46', THENCE S8803829"E 20.00', THENCE SOI °21'31 "W 41.58, THENCE N88017'52"W 20.00', TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS. -�'; CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: March 25, 2019 (Updated with Planning Commission Results) SUBJECT: VAC 19-6575: Vacation (2090 W. HENSON HILL/RPH, LLC.- HENSON HILL, 520): Submitted by BATES & ASSOCIATES, INC. for property located at 2090 W. HENSON HILL. The property is zoned RMF -18, RESIDENTIAL MULTI FAMILY, 18 UNITS PER ACRE and contains approximately 0.50 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6575 to City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6575 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located on the south slope of Markham Hill, just west of the intersection of Nettleship Street and Cross Avenue. The property was rezoned to RMF -18 in 2015 and a large scale development was approved in 2017, which is currently under construction. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning North Large Lot Single-family Residential RSF-4, Residential Single-family 4 Units perAcre South Single-family Residential; Two-family Residential RMF -24, Residential Multi -family 24 Units per Acre; RMF -18, Residential Multi -family 18 Units per Acre East Two-family Residential RMF -24, Residential Multi -family 24 Units per Acre West Single-family Residential RMF -24, Residential Multi -family 24 Units per Acre Proposal: The applicant proposes to vacate a recently -platted, existing 20 -foot utility easement that is located along the southern property line approximately midway between the east and west boundaries. The requested vacation totals approximately 820 square feet which will be rededicated approximately three feet further to the east (see attached exhibit). The applicant has commented that the vacation is necessary to accommodate a minor shift in the building layout necessitated by building code. Planning Commission March 25, 2019 Agenda Item 4 19-6575 Henson Hill-RPH Page 1 of 9 DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: Utili Response Cox Communications No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Transportation No objections and no comment. No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. Not applicable. Not applicable. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 19-6575 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's .expense; PLANNING COMMISSION ACTION: Required YES Date: March 25, 2019 O Tabled ® Forwarded O Denied Motion: Belden, on the consent agenda with conditions as recommended by staff Second: Autry Vote: 8-0-0 Planning Commission G1ETC\Development Services Review\2019\Development Services\19-6575 VAC March 25, 2019 2090 W. Henson Hill Rd. (Henson Hill) 520\03 Planning Commission\03-25-2019 Agenda Item a 19-6575 Henson Hill-RPH Page 2 of 9 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission GAETC\Development Services Review\2019\Development Services\19-6575 VAC March 25, 2019 2090 W. Henson Hill Rd. (Henson Hill) 520\03 Planning Comm ission\03-25-2019 Agenda Item 4 19-6575 Henson Hill-RPH Page 3 of 9 i~ebruary 1:2, 2019 VAC 19-6575 Request Betas Letter Ass(s(coa'1:(&s,Unc,. ipi teerb Lat yiI Ocape, To the City. Fayetteville Planning Staf, . Our- client, R -PH LLC, would like to vacate a utility easement on parcel #765-1194`-000. The utility easement eve a requesting to vacate will be moved 3 'feet to the east: The developer had. to move proposed building to the east to have enough room between each building. 'We will be filing another easement document to move this utility easement .3 feet east. If you have ,any questions please feel -free to contact us. "Sincerely, .dose RIGS Project Manager Planning Commission March 25, 2019 Agenda Item 4 19-6575 Henson Hill-RPH Page 4 of 9 VAC 19-6575 Petition PI.TITION to Vacate PETITION TO VACATE AN EASEMENT LOCATED IN LOT 31, WEST END ADDITION, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning; Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in Lot 31, West End Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A UTILITY EASEMENT LOCATED OF LOT 31 INCLUSIVE, BLOCK 1, WEST END ADDITION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 2018 AT PAGE 31916, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF LOT 28 AND RUNNING THENCE S88017'52"E 149.61', THENCE NO2°47'54"E 50.00', THENCE S88°17'52"E 16.22' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N01021'3 VE 41.46', THENCE S88°38'29"E 20.00', THENCE SOI °21'31 "W 41.58', THENCE N88° 17'52"W 20.00', TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES, MORE OR LESS That the abutting real estate affected by said abandonment of the easement are parcels #765-14582-000, #765-11949-000, #765-11940-000, #765-11941 -000, #765-11942-000, #765-11943-000, #765-11944- 000, #765-11945-000, & #765-11946-000 City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing; utility easements and sewer easements as required, and that the above described real estate be used for (heir respective benefit and purpose as now approve by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City or Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title of said real estate sought to abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dates this 13 day of February —2019 Andrew Henson Print Name Signature Planning Commission March 25, 2019 Agenda Item 4 19-6575 Henson Hill-RPH Page 5 of 9 .:rt......,,-. — raa�OuI'sa�l•epossd "Col ,�d�M •::,. ,� �„ a GN3031 sGles S. 2 a !: i F F. cV;tc PMaon "awn Marcll 25, 2019 -AeMda Item 4 19-6575 Henson Hill-RPH Page 6 of 9 <��;� fix• F r-C�qp 3 LLL•, vi c v x�C _`L '_ zz MR =Kz n 4 x _-r S rso-% yi Z r.ifF a,,.0 Eck; _�r:S Gs' Jai CXR - _F Plannng Marcll 25, 2019 -AeMda Item 4 19-6575 Henson Hill-RPH Page 6 of 9 VAC19-6575 RPH,LLC - HENSON HILL One Mile View �L0 0.125 0.25 0.5 Miles I "71111111 11•,...9r ................ RT -U RMF -24 RMF -18 STONE ST `- P-1 RP/ -D ,t7 N ` O_ lD FARMINGTON RD` Legend I _ _ r Planning Area IL t. _ _ Fayetteville City Limits Shared Use Paved Trail W� I QS Di Ol �- O' C-2 J O� RSF-4 Subject Property 'rain' Trail (Proposed) L _: Design Overlay District ------ ---= 1 Planning Area Building Footprint Fayetteville City Limits i "r - R -0 I Im Z..t q EXTRACTION RESIDENTIAL SINGLE-FAMILY ®E-1 O R.ya.1..1Ao,ae...1 COMMERCIAL ,. RS13 Rn.Een.. — RSF.1 e -C, RSF-: 9=C RSF-. I1= CJ -r FORM BASED DISTRICTS RSF. = Ne..,r1w C.. .115E-15 In —N T1w",phrl. RESIDENTIAL MULTI -FAMILY QMdn Si,M Carr pRT-n R..reMrl Tw.pW rMwawMp gDR..ee.,n O.Ix"I -� RMFL 1= Ccne,.nr, 3— .nic..:RMF-13 ,7W -12 Nnbnlulnme $.rvc.a pRMFnE ONebnmmeRe ca.."Ma Poria. PLANNED ZONING DISTRICTS = GCR"" -.—,W, R.*—I.. INDUSTRIAL INSTITUTIONAL - M Newry Cammw.rl vq LbM I,INVr YIC :P.1 Planning Co mission 25, 2019 Agenda Item 4 19-6575 Henson Hill-RPH Page 7 of 9 VAC19-6575 Close Up View RPH,LLC - HENSON HILL / ill` ' % � � '.• ;' i jj //�/`,{ // J J : ! : / / .,, /. , Jl . /�// EL Legend Hillside -Hilltop Overlay District - Planning Area L — _! Fayetteville City Limits • - Trail (Proposed) r Building Footprint 4 3`1 r Subject Property MAINE ST Feet 0 75 150 300 450 600 1 inch = 200 feet W a 0 W U NORTH RSF-4 RW RMF -18 RMF -24 P-1 Planning Co mission lot 25, 2019 Agenda Item 4 19-6575 Henson Hill-RPH Page 8 of 9 14"7 w;, r . I Mixed -Density Residential Jr- ;-, jliil , y r 7 t A RE—COVED NORTHWEST ARKANSAS MAY 0 �3 �� Iyf tOL Demomt I AM, One& ,'t'4�„�: NW - �M ',i3, FGtX':&0,, YY"TT V! LE, Al2; 717:. • rrya.c2 "v . max: 79 6? i'i „ALC.%€ 4 AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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 6174 Was inserted in the Regular Edition on: April 25, 2019 Publication Charges: $ 84.50 GMW,S�Aw Cathy Sta Subscribed and sworn to before me This 3D day of4 , 2019. &a W4 Notary Public JZIr� i My Commission Expires: lZZ7_.- CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6174 File Number: 2019-0205 VAC 19-6575 (2090 W. HENSON HILL RD./HENSON HILL): AN ORDINANCE TO APPROVE VAC 19- 6575 FOR PROPERTY LOCATED AT 2090 WEST HENSON HILL TO VACATE A PORTION OF A UTILITY 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 portion of a 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 Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility 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 condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. PASSED and APPROVED on 4/16/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74919412 Apr. 25, 2019