HomeMy WebLinkAboutORDINANCE 6175 1.17.*:ec, 111111111111111111111111111 11111 11111 1111111111 11111 11111 11111 11111 111111
�, 018558630003 Type: REL
1�R�= Doc ID:Kind: ORDINANCE
' Recorded: 04/26/2019 at 03:41:03 PM
..� i Fee Amt: $25.00 Page 1 of 3
9R1(
ANSPS Washington County, AR
Kyle Sylvester Circuit Clerk
113 West Mountain Street File20 1 9_00011778
Fayetteville,AR 72701
(479)575-8323
Ordinance: 6175
File Number: 2019-0206
VAC 19-6571 (WEST OF 1248 E. PUMP STATION RD./TREE CLIMBERS, INC):
AN ORDINANCE TO APPROVE VAC 19-6571 FOR PROPERTY LOCATED AT 1248 E PUMP
STATION RD 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.
PASSED and APPROVED on 4/16/2019
Appro •d: Attest:
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��G�• �Y 0,��;rG�'''
Lioneld Jor.. . ,or Sondra E. Smith,City Clerk asLfa�
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— •• FAYETTEVILLE:
• ;ate
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''.�iS''•'Q c4NSP•• �.
Page 1 Printed on 4/17/19
• VAC19-6571 TREE CLIMBERS, INC. 19-6571
Close Up View EXHIBIT'A'
—
RSF-8 ------
P-I -
J
Subject Property
/1.2
� J �
AIlk
NORTH
Legend
�
- - - ORSF-8
I I Planning Area I-1 Heavy Commercial and Light Industrial
Feet 0 1-2 General Industrial
_ -J Fayetteville City Limits 1=P-1
- -
- • Trail (Proposed) 0 112.5 225 450 675 900
1 inch = 300 feet
Building Footprint
• 18-6571
EXHIBIT 'B'
PROPOSED VACATION DESCRIPTION -
A PART OF LOT 3,FAYETTEVILLE INDUSTRIAL PARK WEST,AS PER PLAT OF SAID SUBDIVISION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING ATA POINT WHICH IS
S09°21'17"W 15.01'FROM THE NORTHEAST CORNER OF SAID LOT 3 AND RUNNING THENCE ALONG THE
EAST LINE OF LOT 3 S09°21'17"W 883.42',THENCE PARALLEL TO AND 25'NORTH OF THE SOUTH LINE OF
LOT 3 N87°27`54"W 15.11',THENCE PARALLEL TO AND 15'WEST OF THE EAST LINE OF LOT 3
N09°21'17"E 884.65',THENCE PARALLEL TO AND 15'SOUTH OF THE NORTH LINE OF LOT 3 S82°46'11"E
15.01'TO THE POINT OF BEGINNING.CONTAINING 0.30 ACRES MORE OR LESS.
Washington
- -
County,AFS
I certify this instrument was filed on
04/26/2019 03:41:03 PM
and recorded in Real Estate
File Number 201! le c 11778
Kyle Sylvester- 0,011P.APP
.ti-rk
by
F FAYrr City of Fayetteville, Arkansas 113 West Mountain Street
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F1 < Fayetteville,AR 72701
1 Ufi (479)575-8323
Text File
File Number: 2019-0206
Agenda Date:4/16/2019 Version: 1 Status: Passed
In Control:City Council Meeting File Type:Ordinance
Agenda Number:C. 10
VAC 19-6571 (WEST OF 1248 E.PUMP STATION RD./TREE CLIMBERS,INC):
AN ORDINANCE TO APPROVE VAC 19-6571 FOR PROPERTY LOCATED AT 1248 E PUMP
STATION RD 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.
r
City of Fayetteville,Arkansas Page 1 Printed on 4/17/2019
City of Fayetteville Staff Review Form
2019-0206
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 19-6571:Vacation (WEST OF 1248 E. PUMP STATION RD./TREE CLIMBERS, INC.,444):Submitted by JEREMY
WILLIAMS for property located WEST OF 1248 E. PUMP STATION RD.The property is zoned 1-2, GENERAL
INDUSTRIAL and contains approximately 11.80 acres.The request is to vacate a portion of a utility easement.
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 $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
/ 1
CITY OF
'N-Aid po. FAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF FEBRUARY 5, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, Planning Director
FROM: Harry Davis, Planner
DATE: March 29, 2019
SUBJECT: VAC 19-6571: Vacation (WEST OF 1248 E. PUMP STATION RD./TREE
CLIMBERS, INC., 444): Submitted by JEREMY WILLIAMS for property
located WEST OF 1248 E. PUMP STATION RD. The property is zoned I-
2, GENERAL INDUSTRIAL and contains approximately 11.80 acres. The
request is to vacate a portion of a utility easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 18-6475 as shown in the attached
Exhibits 'A' and 'B' and with the following condition of approval:
1. 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 north side of Pump Station Road between Morningside
Drive and Industrial Drive, numbered lot 3W in the Fayetteville Industrial Park subdivision. The
property is currently undeveloped, partly-covered in floodplain along the western and northeastern
sections of the property, and zoned 1-2, General Industrial.
Proposal: The applicant proposes to vacate half of the existing 30-foot utility easement that
straddles the property's eastern boundary, totaling approximately 0.30 acres (see attached
exhibit).
DISCUSSION:
At the March 25, 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.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
• Exhibit A
• Exhibit B
• Planning Commission packet
2
VAC19-6571 TREE CLIMBERS, INC. 19-6571
Close Up View EXHIBIT 'A'
- ;
a
RSF-8
PA
///
Subject Property
J
yUMfia-SrAIION=RW
I
AA
NORTH
Legend
— - -� RSF-8
I. I Planning Area I-, Heavy Commercial and Light Industrial
Feet 1-2 General Industrial
;- - _ i Fayetteville City Limitsimmum P_,
iiiimmi
- - - , Trail (Proposed) 0 112.5 225 450 675 900
1 inch = 300 feet
Building Footprint
18-6571
EXHIBIT 'B'
PROPOSED VACATION DESCRIPTION
A PART OF LOT 3,FAYETTEVILLE INDUSTRIAL PARK WEST,AS PER PLAT OF SAID SUBDIVISION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING AT A POINT WHICH IS
S09°21117"W 15.01'FROM THE NORTHEAST CORNER OF SAID LOT 3 AND RUNNING THENCE ALONG THE
EAST LINE OF LOT 3 S09°21'17"W 883.42',THENCE PARALLEL TO AND 25'NORTH OF THE SOUTH LINE OF
LOT 3 N8T27'54"W 15.111,THENCE PARALLEL TO AND 15'WEST OF THE EAST LINE OF LOT 3
N09°21'17"E 884.65',THENCE PARALLEL TO AND 15'SOUTH OF THE NORTH LINE OF LOT 3 S82°46'11"E
15.01'TO THE POINT OF BEGINNING.CONTAINING 0.30 ACRES MORE OR LESS.
<21 CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
91111111 ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
MEETING DATE: March 25, 2019 UPDATED W PC RESULTS
SUBJECT: VAC 19-6571: Vacation (WEST OF 1248 E. PUMP STATION RD./TREE
CLIMBERS, INC., 444): Submitted by JEREMY WILLIAMS for property
located WEST OF 1248 E. PUMP STATION RD. The property is zoned I-
2, GENERAL INDUSTRIAL and contains approximately 11.80 acres. The
request is to vacate a portion of a utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 19-6571 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 19-6571 to City Council with a recommendation for approval with the
conditions as recommended by staff."
BACKGROUND:
The subject property is located on the north side of Pump Station Road between Morningside
Drive and Industrial Drive, numbered lot 3W in the Fayetteville Industrial Park subdivision. The
property is currently undeveloped, partly-covered in floodplain along the western and northeastern
sections of the property, and zoned 1-2, General Industrial. Surrounding land uses and zoning are
depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Undeveloped;Town Branch Floodplain P-1, Institutional
South Undeveloped 1-2, General Industrial
East Heartland Supply Co 1-2, General Industrial
West Undeveloped; Unnamed Creek 1-2, General Industrial
Proposal: The applicant proposes to vacate half of the existing 30-foot utility easement that
straddles the property's eastern boundary, totaling approximately 0.30 acres (see attached
exhibit).
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the City utility
departments, and franchise utility companies with the following responses:
Utility 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 No objections and no comment.
BlackHills Energy AR No objections and no comment.
AT&T No objections and no comment.
Ozarks Electric • No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections and no comment.
Solid Waste & Recycling Not applicable.
Transportation Not applicable.
Public Comment: No public comment has been received at the time of writing this report.
RECOMMENDATION: Staff recommends forwarding VAC 19-6571 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 gi Forwarded O Denied
Motion: Belden Motion to forward as part of consent agenda
Second: Autry
Motion passes; Commissioner Niederman abstained
Vote: 7-0-1
BUDGET/STAFF IMPACT:
None
G:\ETC\Development Services Review\2019\Development Services\19-6571 VAC West of
1248 E. Pump Station Rd. (Tree Climbers, Inc.)603
Attachments:
• Request Letter
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
G:\ETC\Development Services Review\2019\Development Services\19-6571 VAC West of
1248 E. Pump Station Rd. (Tree Climbers, Inc.)603
_s,S', ' 4' • JEREMY WILLIAMS
44o "``P
14813 Elkhorn Springs Road f s f
Fayetteville,AR 72704
ti .
.tai ke.t �..a
479.841.3804 1 *-.r rm.
TreeClimbersLLC.Com
nwatreeclimbers@gmail.com ISA Certified Arborist #SO-6263AT
ISA Certified Climber Specialist
Certified Treecare Safety Professional*1267
2-7,2019
City of Fayetteville Planning Commission and
Fayetteville City Council
Re:Easement vacation request
This letter is to describe my intents and reasons for requesting the vacation of an unused general utility easement located on
the east side of Lot#3 of Fayetteville industrial park west.The parcel number is 765-16567-000. It is zoned I-2.
The property in question is located in south Fayetteville on the north side of Pump Station Rd.more or less halfway between
Morningside and Armstrong.The property in question is immediately west of 1248 Pump Station rd.
I am under contract to purchase this property.Our plan is to start a mulching/green waste recycling facility and eventually
relocate our entire fleet operation to Fayetteville. I have met with Harry Davis,planner,Jonathan Ely,engineer,and Melissa
Evans,Urban forester,regarding our plans.No additional permits were deemed necessary until we build a shop.
After the survey was completed,the east property line was farther east than initially thought In this area,there are several.
large mature post oaks and there was also some dumping by the neighbor of wood,concrete etc.The neighbor quickly
corrected the issue and cleaned up the debris when it was brought to their attention.
My desire is to make this easement area into a break and climbing training area for employees and as an arborist I would like
to ensure that these mature trees are not needlessly destroyed.Also,based on the lay of the land it would be far less impact to
erect a fence near the property line vs in the low-lying drainage area at the interior edge of the easement
My reasons for requesting the vacation are ethical and environmental.Financial interests are negligible.In fact,it is costing me
more money to request this vacation than leave the area vulnerable andgo the path of least resistance.
Attached is the plat of survey outlining the area to be vacated.If you visit the site,the orange flags are on the property line and
the green flags are on the interior border of the easement.
All utilities and the neighboring landowner have no objections to vacating this easement.There are already existing easements
on the other three sides of this property which will remain as is.I feel this easement is providing no benefit to the public.
Thank you for your consideration,
1
Jeremy Williams,IICMA
1
Petition to vacate a general utility easement located in Lot#3 of Fayetteville
Industrial Park, City of Fayetteville Arkansas.
TO: The Fayetteville Planning Commission and
The Fayetteville City Council
We,the undersigned being under contract to and purchasing land abutting the general
utility easement hereinafter sought to be abandoned and vacated,lying in lot#3 of
Fayetteville Industrial Park West,City of Fayetteville Arkansas,a municipal corporation,
petition to vacate a general utility easement which is described as follows.
A PART OF LOT 3,FAYETTEVILLE INDUSTRIAL PARK WEST,AS PER PLAT OF SAID SUBDIVISION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT:BEGINNING AT A POINT WHICH IS
S09°21'17"W 15.01'FROM THE NORTHEAST CORNER OF SAID LOT 3 AND RUNNING THENCE ALONG THE
EAST LINE OF LOT 3 S09°21'17"W 883.42',THENCE PARALLEL TO AND 25'NORTH OF THE SOUTH LINE OF
LOT 3 N87°27'54"W 15.11',THENCE PARALLEL TO AND 15'WEST OF THE EAST LINE OF LOT 3
N09°21'17"E 884.65',THENCE PARALLEL TO AND 15'SOUTH OF THE NORTH LINE OF LOT 3 S82°46'11"E
15.01'TO THE POINT OF BEGINNING.CONTAINING 0.30 ACRES MORE OR LESS.
That the abutting real estate affected by the said abandonment is lot#3 of Fayetteville Industrial Park West,
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 the 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 their respective benefit as now approved 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 of
Fayetteville,Arkansas,abandon and vacate the above described real estate,subject to said utility and sewer
easements,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 easements of the public
for the use of said easement.
Dated this 28th day of January,2019
Jeremy Williams
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VAC19-6571 TREE CLIMBERS, INC.
One Mile View
NORTH
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VAC19-6571 TREE CLIMBERS, INC.
Close Up View
RSF-8
Subject Property
l
P_l-MP.STATJOJ e
NORTH
Legend
�
- - RSF-8
I I.: Planning Area I-, Heavy Commercial and Light Industrial
Feet BE 1-2 General Industrial
— _ Fayetteville City Limits P-,
- - - " Trail (Proposed) 0 112.5 225 450 675 900
Building Footprint 1 inch = 300 feet
•
VAC19-6571 TREE CLIMBERS, INC. A.
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MSP Class
Er%-----/ MINOR ARTERIAL 100-Year Floodplain
'
Feet t=1 Floodway
''''ii' Trail (Proposed) 1111 III
1- - -, 0 75 150 300 450 600
I- - -, Planning Area
_ _ _; Fayetteville City Limits 1 inch = 200 feet
RECEIVED Ordinance:6175
File Number: 2019-0206
VAC 19-6571(WEST OF 1248 E.PUMP
2019
STATIOANO DIDNANCE TO AP ROVE VACMBERS, )19-
6571 FOR PROPERTY LOCATED AT 1248 E
• (c}F PArfETTEV71JLE PUMP STATION RD TO VACATE A
NORTHWEST ARKANSAS I H`E'R"S OFF ICE PORTION OFA UTILITY EASEMENT
WHEREAS,the City Council has the authority
.: Oazette under A.C.A.§14-54-104 to vacate public
Democrat
ti • ,p{ grounds for corporate purposes;and
WHEREAS,the City Council has determined
, .... <-„,„ , ....„,„ « , -..,,.„,_......, .. - _-•••••;;- ••. :,;, that the following described portion of a utility
; BOX 07 y-- •:. 27 9.696- ,ew N easement is not required for corporate purposes
.13. 'cv;;,-&.� T `<••i.'_c,��?;%�/� >„i�-�.�;�-�?G',�•�;X:�,7�u.,.,t`l�a ix��Fr.:�Jk''AC�v.i.€?�1 o rP P m
PASSED and APPROVED on 4/16/2019
Approved:
Lioneld Jordan,Mayor
Attest:
Sondra E.Smith,City Clerk Treasurer
AFFIDAVIT OF PUBLICATION 74919425 Apr.25,2019
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 6175
Was inserted in the Regular Edition on:
April 25, 2019
Publication Charges: $ 48.10
i 1 ' %14 wAk
Cathy Stag% ic
Subscribed and sworn to before me
This3) day of , 2019.
61---1- LAI&
Notary Public f
My Commission Expires: �I „ _,,�,— � r,-
CATHY WILES
Arkansas-Benton County {(�
l, Notary Public-Comm# 12397118 C
C My Commission Expires Feb 20,2024
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**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.