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HomeMy WebLinkAboutORDINANCE 61994. ' ARCHIVED � �' I111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 018685190004 Type: REL Kind: ORDINANCE Recorded: 07/12/2019 at 03:04:52 PM 113 West Mountain Street Fee Amt: $30.00 Paqe 1 of 4 Washington County, AR Fayetteville, AR 72701 Kyle Sylvester Circuit Clerk (479) 575-8323 File2019_00020509 Ordinance: 6199 File Number: 2019-0316 VAC 19-6671 (3956 N. STEELE BLVD./MALCO RETAIL LOT): AN ORDINANCE TO APPROVE VAC 19-6671 FOR PROPERTY LOCATED AT 3956 NORTH STEELE BOULEVARD TO VACATE PORTIONS OF A GENERAL UTILITY EASEMENT AND DRAINAGE 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 and drainage 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 portions of a general utility easement and drainage 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. Page 1 Printed on 6/17119 File Number. 2019-0346 PASSED and APPROVED on 6/18/2019 Attest: Sondra E. Smith xG�ERK yT��.,� `may ••...� ,p i C17y�•F' Fq y Elk EE 'Ny%•,�gNSPS .•� Page 2 Printed on 6117119 EXHIBIT 'A' VAC 19-6671 MALCO RETAIL LOT Current Land Use - NORTH Ww Am AD 40 '1010 ova -1 04 40 Commercial ` I � r • '; 1 9 1aii����� Subject Property Z '' Mixed-Us� UJ 3 ! 04 1,31. _ f Commercial 6 � r+� Streets Existing MSP Class Feet PRINCIPAL ARTERIAL Planning Area 0 55 110 220 330 Fayetteville City Limits 1 inch = 150 feet 440 FEMA Flood Hazard Data EXHIBIT 'B' VAC 19-6671 Easement Vacation Description A part of Lot 9F CMN Business Park II Phase I, to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southwest Corner of Lot 9F CMN Business Park II Phase I, thence South 87°31'05" East 20.00 feet to the Point of Beginning; Thence North 02°28'46" East 38.45 feet; Thence South 87°31'14" East 30.00 feet; Thence South 02°28'46" West 38.45 feet; Thence North 87°31'05" West 30.00 feet to the point of Beginning, containing 1,153.42 square feet or 0.03 acre, subject to any easements and Rights of Way of record. Washington County, AR I certify this instrument was filed on 07/12/2019 03:04:52 PM and recorded in Real Estate File Number 201 -00020509 Kyle Sylvester - i t Clerk by ' - City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 Ir ' (479) 575-8323 #, Text File - - File Number: 2019-0346 Agenda Date: 6/18/2019 Version: 1 Status: Agenda Ready In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 6 VAC 19-6671 (3956 N. STEELE BLVD./MALCO RETAIL LOT): AN ORDINANCE TO APPROVE VAC 19-6671 FOR PROPERTY LOCATED AT 3956 NORTH STEELE BOULEVARD TO VACATE PORTIONS OF A GENERAL UTILITY EASEMENT AND DRAINAGE 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 portions of a general utility easement and drainage 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 611712019 City of Fayetteville Staff Review Form 2019-0346 Legistar File ID 6/18/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 5/30/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6671: Vacation (3956 N. STEELE BLVD./MALCO RETAIL LOT,173): Submitted by HARRISON FRENCH AND ASSOCIATES, INC. for property located at 3956 N. STEELE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 10.38 acres. The request is to vacate portions of a general utility and drainage easement. Account Number Project Number Budgeted Item? NA Does item have a cost? Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance No Item Cost NA Budget Adjustment Remaining Budget Fund Project Title 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: riCITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 18, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: May 30, 2019 SUBJECT: VAC 19-6671: Vacation (3956 N. STEELE BLVD./MALCO RETAIL LOT,173): Submitted by HARRISON FRENCH AND ASSOCIATES, INC. for property located at 3956 N. STEELE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 10.38 acres. The request is to vacate portions of a general utility and drainage easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6671 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 at 3956 N. Steele Blvd. (the parking lot of the Malco Movie Theatre). The property is zoned C-2, Thoroughfare Commercial. Proposal: The request is to reduce a portion of an existing utility easement and drainage easement to allow future commercial development in the area (vacation exhibit attached). DISCUSSION: At the May 28, 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: • Exhibit A • Exhibit B • Planning Commission Staff Report Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC 19-6671 EXHIBIT 'A' MALCO RETAIL LOT Current Land Use NORTH 1W, JW Y �04 0 Commercial W, 7'1 13 Subject Property 41 > Mixed -Use _j W LU LLJ Commercial Streets Existing MSP Class PRINCIPAL ARTERIAL Planning Area Fayetteville City Limits Feet 0 55 110 220 330 440 1 inch = 150 feet FEMA Flood Hazard Data Is 100 -Year Floodplain XFloodway EXHIBIT 'B' VAC 19-6671 Easement Vacation Description A part of Lot 9F CMN Business Park II Phase I, to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southwest Corner of Lot 9F CMN Business Park II Phase I, thence South 87°31'05" East 20.00 feet to the Point of Beginning,- Thence eginning;Thence North 02°28'46" East 38.45 feet; Thence South 87°31'14" East 30.00 feet; Thence South 02°28'46" West 38.45 feet; Thence North 87°31'05" West 30.00 feet to the point of Beginning, containing 1,153.42 square feet or 0.03 acre, subject to any easements and Rights of Way of record. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Andrew Garner, City Planning Director MEETING DATE: May 28, 2019 (Updated with Planning Commission results) SUBJECT: VAC 19-6671: Vacation (3956 N. STEELE BLVD./MALCO RETAIL LOT,173): Submitted by HARRISON FRENCH AND ASSOCIATES, INC. for property located at 3956 N. STEELE BLVD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 10.38 acres. The request is to vacate portions of a general utility and drainage easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6671 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 19-6671 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located at 3956 N. Steele Blvd. The property is zoned C-2, Thoroughfare Commercial. Surrounding land uses and zoning are depicted in Table 1, Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Commercial C-2, Thoroughfare Commercial East Commercial C-2, Thoroughfare Commercial West Commercial C-3, Central Commercial Proposal; The request is to reduce a portion of an existing utility easement and drainage easement to allow future commercial development in the area (vacation exhibit attached). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: City of Fayetteville Water/Sewer Solid Waste & Recycling Response No objections and no comment. Not applicable. Planning Commission May 28, 2019 Agenda Item 7 19-6671 Malco Retail Lot Page 1 of 8 Transportation Not applicable. AT&T No objections. Black Hills No objections and no comment. Cox No objections. Ozark Electric No objections and no comment. SWEPCO No objections and no comment. Public Comment No public comment has been received at the time of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6671 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 Date: May 28, 2019 O Tabled Motion: Belden Second: Brown Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Required YES M Forwarded Cl Denied Note: On consent agenda. Planning Commission G_1ErC\Development Services Review\2019\Development Services\19-6671 VAC 3956 N. Steele Blvd. (Malco Retail May 28, 2019 Lot) 173\03 Planning Comm ission\05-28-2019\Comments and Redlines Agenda Item 7 19-6671 Malco Retail Lot Page 2 of 8 From: Harrison French & Associates 1705 S. Walton Blvd. Suite 3, Bentonville, AR. 72712 Date: January 18, 2019 Subject: MALCO Retail — Easement Vacation Request Dear Commissioners, Harrison French & Associates are pleased to submit Small Site Improvement plans for MALCO Retail, located on 0.99 acres at the SW corner of 3965 N. Steele Blvd. in Fayetteville, AR. The proposed project will be constructed within an existing parking lot. The scope of the project will consist of a commercial shopping center containing an 11,000 square foot building, removal and adjustments to existing parking lot configuration, new sanitary sewer main line and all utility services. The subject property will be split out from the larger parent tract of land. As part of this submittal, an Easement Vacation request is being made. Due to site constraints, a portion of the proposed building is being sited within an existing general utility and drainage easement. The intent of this request is to reduce a portion of the existing easement down from 50 feet in width to 25 feet in width. According to recent surveys, no public utilities are within a portion of the existing easement. Please don't hesitate to contact me should you have any questions or concerns regarding this notification. Sincerely, Rick McGraw, PLA, ASLA, CLARB Program Manager (479)273-7780x283 rick. mcgrow@h fa-ae. coni Harrison French & Associates, LTD www.hfa-ae.com 1705 S. Walton Blvd, Suite 3, Bentonville, Arkansas 72712 11479.273.7780 Page 1 of �)lannmg Commission May 28, 2019 Agenda Item 7 19-6671 Malco Retail Lot Page 3 of 8 PETITION TO VACATE STREET RIGHT-OF-WAY, ALLEY, OR EASEMENT PETITION TO VACATE A(N) easement LOCATED IN a part of Lot 9B CMN Business Park 11 Phase I, to the, 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 a part of Lot 9B CMN Business Park Il Phase 1, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) easement which is described as follows: A part of Lot 9B CMN Business Park 11 Phase 1, to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at the Southwest Comer of Lot 9B CMN Business Park II Phase I, thence South 87°31'05" Fast 20.00 feet to the Point of Beginning, Thence North 02028'46" East 38.45 feet; Thence South 87°31' 14" East 30.00 feet; Thence South 02°28'46" West 38.45 feet; Thence North 87°31'05" West 30.00 feet to the point of Beginning, containing 1,153.42 square feet or 0.03 acre, subject to any easements and Rights of Way of record. That the abutting real estate affected by said abandonment of the alley are PT Lot 9B 10.31AC (PT Lot 9 Per Replat of Lot 9 23A-145 & Replat 24-24) of CMN Business Park 11 Phase I; PT Lot 9A l 1 89AC (PT Lot 9 Per Replat of Lot 9'23A-145 & Replat 24-24) or CMN Business Park II Phase I; Lots Numbered Three (3) and Four (4), of the Final Plat of CMN Business Park 11, Phase I and Phase 11 to the 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 and purpose as now approved by Iaw. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided bylaw. 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 forthg,Itse of said alley. Dated this;aay of , 20�. Printed Natlt4 _ A w %1 Signature Planning Commission May 28, 2019 Agenda Item 7 19-6671 Malco Retail Lot Page 4 of 8 W, — AIX--.. 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P.9Z nN- . 7 i53i k., WmA 1xswx+e u<�5 ssn —4b -y eo�C+*nras W d M ser ar u� rtion of existing drainage 1 riamdutility I easement to be i cated (hatched) OGL— Planning Commission May 28, 2019 Agenda Item 7 19-6671 Malco Retail Lot Page 5 of 8 VAC 19-6671 Current Land Use MALCO RETAIL LOT NORTH Streets Existing MSP Class PRINCIPAL ARTERIAL 1MMM1L _M �- - -, 0 55 110 - - -� Planning Area Fayetteville City Limits Feet 22D 330 440 1 inch = 150 feet FEMA Flood Hazard Data 100 Year Floodplain Floo0way Planning Coinmission May'28, 2019 Agenda Item 7 19-6671 Malco Retail Lot Page 6 of 8 Agenda Item 7 19-6671 Malco Retail Lot Page 7 of 8 i { t M�t+aw��w�lt +�Is.sl�r�r asst � � tltitlif4tatsiltaE`�att t % rrsl rrls,ar �� iiNF iQ: t � i RSF-4 E Legend Y�-- 1 w Planning Area w _ _ Fayetteville City urnits ; - — Shared Use Paved Trail t_.._:Design Overlay District ...... 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Lf IwpCo�ww�alag44MMNYP-1 _�� Planning C mission 1—y-28,2019 Agenda Item 7 19-6671 Malco Retail Lot Page 8 of 8 Ordinance:6199 File Number:2019-0346 RECEIVED VAC 9-6671 RE3956 N.ILLELE T) BLVD./MALCO RETAIL LOT): AN ORDINANCE TO APPROVE VAC 19- 6671 ARKANSAS � 6671 FOR PROPERTY LOCATED AT 3956 I\ORTHWEST !-a R K aNS,[�S JUL 0 5 2019 NORTH STEELE PORTIONS OF A GENERAL BOULEVARDTO VACATE 1 1 VV 1 L 11 [ 1 EASEMENT AND DRAINAGE EASEMENT Derriocrat kev a -; (itztt' CIIY OF FAYEYTEVILLE WHEREAS,the City Council has the authority V� CITY CLERKS OFFICE 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 and drainage easement is not required for corporate purposes. I NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: AFFIDAVIT OF PUBLICATION Section 1:That the City Council of the City of Fayetteville,Arkansas hereby vacates portions of a general utility easement and drainage I CathyStaggs, do solemnlyswear that I am the AccountingManager of the easement nas Department'sdeecribed in memo. attached to gg � g the Planning memo. Northwest Arkansas Democrat-Gazette, printed and published in Section 2:A copy of this Ordinance duly certified by the City Clerk along with the map Washington County and Benton County, Arkansas, and of bona fide attached as Exhibit A to the Planning Department's memo shall be filed in the office of circulation, that from my own personal knowledge and reference the Washington County Circuit Clerk. to the files of said publication, the advertisement of: 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 PASSED and APPROVED on 6/18/2019 Ord. 6199 Lioneld Jordan Attest: Sondra E.Smith 74991100 June 27,2019 Was inserted in the Regular Edition on: I June 27, 2019 Publication Charges: $ 88.40 Cathy Star ii 40 Subscribed and sworn to before me This Zc-day of ,j 2019. Z 1-44 Notary Public My Commission Expires: y�1f z-o (2-0)-+ t 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.