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Home My WebLink AboutORDINANCE 6233113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6233 File Number: 2019-0553 IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIII IIIIIIII Doc ID: 018835910004 Type: REL Kind; ORDINANCE Recorded: 10/04/2019 at 11:21:44 AM Fee Amt: $30.00 Pape 1 of 4 Kashin. on County, AR Kyle Sylvester Circuit Clerk File20 9_00030352 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL 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 general 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 general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 9/17/2019 Page 1 Printed on 9119119 File Number: 2019-0553 Ordinance 6233 Page 2 Attest: ` 1III IIIIII/ f =�. lTf��C •m= Lisa Branson, Deputy City ClerkNS ON Printed on 9119119 VAC19-6768 FAY. FLEET TRUCK WASH EXHIBIT 'A, Close Up View 19-6768 'Ao2 1-z Subject Property Legend �- - - Planning Area Fayetteville City Limits Feet Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NI 1-2 General Industrial P-1 EXHIBIT 'By 19-6768 A part of the Southwest Quarter (SW '/4) of Section 23, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described as follows. Commence at the found monument at the Southwest Corner of said Section 23 as shown on the plat of survey for the Final Replat of Fayetteville Industrial Park signed by Arnold D. Rankins PS #849, dated July 20, 1995, recorded in Plat Book 14 at page 26 in the records of Washington County, Arkansas and run thence North 02' 29' 05" East along the boundary line of said survey and the West line of said Section 23 a distance of 507.05 feet, thence leaving said section line South 82' 42' 46' East along said boundary line a distance of 243.40 feet. thence North 07' 17' 16" East along said boundary line a distance of 390.00 feet, thence North 82' 42' 46' West along said boundary line a distance of 276.17 feet to said West line of said Section 23; thence North 02` 29' 05" East along said boundary line and said West line of said Section 23 a distance of 2390.50 feet, thence leaving said West line of said Section 23 South 86' 48' 55' East along said boundary line a distance of 1331.19 feet; thence South 03' 10' 14' West along said boundary line a distance of 139.94 feet to a point on the East line of a 50 foot wide road right of way, said road presently named South Happy Hollow Road; thence South 02' 02' 14" West along said East right of way line a distance of 151.41 feet to a Magnetic Nail; thence leaving said East right of way line continue South 02' 02' 14" West a distance of 1036.87 feet; thence South 87' 06' 46" East a distance of 87.85 feet; thence South 00' 20'47" East a distance of 54.98 feet to the "TRUE POINT OF BEGINNING' of this existing General Utility Easement vacation description; thence South 15` 10' 49" East a distance of 33.35 feet; South 02` 02' 14" West a distance of 321 49 feet, thence North 87' 07' 00" West a distance of 38.51 feet, thence North 36' 16' 21" West a distance of 230.58 feet; thence North 01' 12' 35" East a distance of 29.56 feet, thence North 21' 10' 02' West a distance of 85.64 feet, thence North 74' 51' 57" East a distance of 215.35 feet to the point of beginning, containing 47,933 square feet or 1.10 acres, more or less. Washington County, AR I certify this instrument was filed on 10/04/2019 11:21:44 AM and recorded in Real Estate File Number 2019-00030352 Kyle Sylvester - Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0553 Agenda Date: 9/17/2019 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 5 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19-6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL 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 general 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 general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 CIerk. 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 9/19/2019 Garner Stoll City of Fayetteville Staff Review Form 2019-0553 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/30/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6768: Vacation (SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD./FAYETTEVILLE FLEET TRUCK WASH, 604): Submitted by OLSSON, INC. for property located SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 1.10 acres. The request is to vacate a portion of a general utility 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: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6768: Vacation (SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD./FAYETTEVILLE FLEET TRUCK WASH, 604): Submitted by OLSSON, INC. for property located SE OF S. ARMSTRONG AVE. & HAPPY HOLLOW RD The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 1.10 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6768 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 in the Fayetteville industrial park, on the east side of Armstrong Avenue, and immediately south of the City's animal shelter. The property is currently undeveloped. In early July of 2019, a development proposal was submitted for the site to construct a truck wash for City vehicles. Proposal: The applicant proposes to vacate a portion of an existing utility easement that encumbers all of the property between South Armstrong Avenue and the City's Compost Facility. The area to be vacated totals approximately 1. 10 acres and is necessary prior to the construction of the City's truck wash building. DISCUSSION: At the August 26, 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 Staff Report VAC 19-6768 Close Up View FAY. FLEET TRUCK WASH EXHIBIT 'A' 19-6768 v Legend Planning Area ' Fayetteville Ci Limits Feet '---� Y t - ° Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet NORTH M 1-2 General Industrial P-1 EXHIBIT 'B' 19-6768 A part of the Southwest Quarter (SW "/n) of Section 23, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described as follows: Commence at the found monument at the Southwest Corner of said Section 23, as shown on the plat of survey for the Final Replat of Fayetteville Industrial Park signed by Arnold D. Rankins, PS #849, dated July 20, 1995, recorded in Plat Book 14 at page 26 in the records of Washington County, Arkansas and run thence North 02° 29'05" East along the boundary line of said survey and the West line of said Section 23 a distance of 507.05 feet: thence leaving said section line South 82' 42'46" East along said boundary line a distance of 243.40 feet; thence North 07° 17' 16" East along said boundary line a distance of 390.00 feet; thence North 82' 42' 46' West along said boundary line a distance of 276.17 feet to said West line of said Section 23; thence North 02° 29' 05" East along said boundary line and said West line of said Section 23 a distance of 2390.50 feet; thence leaving said West line of said Section 23 South 86° 48'55' East along said boundary line a distance of 1331.19 feet, thence South 03' 10' 14" West along said boundary line a distance of 139.94 feet to a point on the East line of a 50 foot wide road right of way, said road presently named South Happy Hollow Road; thence South 02° 02' 14" West along said East right of way line a distance of 151.41 feet to a Magnetic Nail; thence leaving said East right of way line continue South 02' 02' 14" West a distance of 1036.87 feet; thence South 870 06' 46" East a distance of 87.85 feet; thence South 00° 20' 47" East a distance of 54.98 feet to the "TRUE POINT OF BEGINNING" of this existing General Utility Easement vacation description; thence South 15' 10' 49" East a distance of 33.35 feet; South 02' 02' 14' West a distance of 321.49 feet; thence North 87' 07' 00" West a distance of 38.51 feet; thence North 36' 16' 21" West a distance of 230.58 feet; thence North 01' 12' 35" East a distance of 29.56 feet; thence North 21' 10'02* West a distance of 85.64 feet; thence North 740 51' 57" East a distance of 215.35 feet to the point of beginning, containing 47,933 square feet or 1.10 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: August 26, 2019 (Updated with Planning Commission Results) SUBJECT: VAC 19-6768: Vacation (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET TRUCK WASH, 604): Submitted by CITY STAFF for property located SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD. The property is zoned 1-2, GENERAL INDUSTRIAL and contains approximately 1. 10 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6768 to the City Council with a recommendation of approval and a condition based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC 19-6768 to City Council with a recommendation for approval with the condition as recommended by staff." BACKGROUND: The subject property is in the Fayetteville industrial park, on the east side of Armstrong Avenue, and immediately south of the City's animal shelter. The property is currently undeveloped. In early July of 2019, a development proposal was submitted for the site to construct a truck wash for City vehicles. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North City Animal Shelter 1-2, General Industrial South Undeveloped 1-2, General Industrial West Warehouse 1-2, General Industrial East City Compost Facility 1-2, General Industrial Proposal: The applicant proposes to vacate a portion of an existing utility easement that encumbers all of the property between South Armstrong Avenue and the City's Compost Facility. The area to be vacated totals approximately 1. 10 acres and is necessary prior to the construction of the City's truck wash building. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses: Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 1 of 9 utility Response Cox Communications No objections and no comment. 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 N/A Transportation N/A Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 19-6768 to the City Council with a recommendation for approval subject to the following condition: 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: August 26, 2019 O Tabled ® Forwarded O Denied Motion: Winston, as recommended by staff, on the consent agenda. Second: Johnson Vote: 7-0-0 Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6768 VAC August 26. 2019 SE of Armstrong Ave & Happy Hollow Rd. (Fay. Fleet) 604\03 Planning Comm ission\08-26-2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 2 of 9 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6768 VAC August 26, 2019 SE of Armstrong Ave. & Happy Hollow Rd. (Fay. Fleet) 604\03 Planning Commission\08-26-2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 3 of 9 VAC 19-6768 Petition to Vacate PETITION TO VACATE PART OF AN EASEMENT LOCATED IN THE FAYETTEVILLE INDUSTRIAL PARK, 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 the Fayetteville Industrial Park, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate part of an easement which is described as follows: A part of the Southwest Quarter (SW V{) of Section 23, Township 16 North, Range 30 West in Washington County, Arkansas being more particularly described as follows: Commence at the found monument at the Southwest Corner of said Section 23, as shown on the plat of survey for the Final Replat of Fayetteville Industrial Park signed by Arnold D, Rankins, PS #849, dated July 20, 1995, recorded in Plat Book 14 at page 26 in the records of Washington County, Arkansas and run' thence North 02 29'05" East along the boundary line of said survey and the West line of said Section 23 a distance of 507.05 feet; thence leaving said section line South 82° 42'46" East along said boundary line a distance of 243.40 feet; thence North 07° 17' 16" East along said boundary line a distance of 390.00 feet; thence North 82" 42'46" West along said boundary line a distance of 276.17 feet to said West line of said Section 23; thence North 02° 29' 05" East along said boundary line and said West line of said Section 23 a distance of 2390.50 feet; thence leaving said West line of said Section 23 South 869 48'55" East along said boundary line a distance of 1331.19 feet; thence South 03° 10' 14" West along said boundary line a distance of 139.94 feet to a point on the East line of a 50 foot wide road right of way, said road presently named South Happy Hollow Road; thence South 02' 02' 14" West along said East right of way line a distance of 151.41 feet to a Magnetic Nail; thence leaving said East right of way line continue South 02° 02'14" West a distance of 1036.87 feet; thence South 87° 06' 46" East a distance of 87.85 feet; thence South 02` 53' 14" West a distance of 45.93 feet to the "TRUE POINT OF BEGINNING" of this existing General Utility Easement vacation description; thence South 15° 10'49" East a distance of 43.34 feet; South 02° 02' 14" West a distance of 321.49 feet; thence North 87° 07'00" West a distance of 38.51 feet; thence North 36° 16'21" West a distance of 230.58 feet; thence North 01° 12' 3S" East a distance of 29.56 feet; thence North 21° 10' 02" West a distance of 85.64 feet to the beginning of a curve to the left, said curve having a Radius of 100.00 feet, a Chord bearing of North 570 21' 56" East, a Chord Distance of 50.73 feet, thence along the arc of said curve a distance of 51.28 feet; thence leaving said curve North 760 40' 16" East a distance of 167.04 feet to the point of beginning, containing 50,410 square feet or 1.16 acres, more or less - That the abutted real estate affected by said abandonment of the easement in the Fayetteville Industrial Park are parcel numbers 765-19943-000 and 765-1944-000 which are both owned by the City of Fayetteville and have not been 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. Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 4 of 9 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 law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHERETOFORE, 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. Dated this 2311 day of May, 2019. L)'Oned� TOY -Jon Printed Signature Printed Name Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 5 of 9 Signature : f ��'�i.�3rltY!ttrto Planning Commission August 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 5 of 9 Q J xuu,wry% cc � a 2 �� uirNxnn��3 611Az gI III Y E a ' §b =ulij iSR g fi g � a4mdX ® k I I, 0 0 0 R R ° -1ssssss y I y S S g S°1 it I I I Q�°F$o•`.F�S�«�5a5i� Ilii sSn u.. �✓v$ � m�� mr v v v v b `I I C 0 �•J E �g a N I N t` ag r e� b oil NU Planning C mission 26, 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 6 of 9 Agenda Item 2 19-6768 Fleet Truck Wash Page 7 of 9 VAC 19-6768 Close Up View FAY. FLEET TRUCK WASH 3 3 r 4E. 01 Q ' 3 3 Legend _ . Planning Area t ' Fayetteville City Limits Feet Trail (Proposed) 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet A& NORTHI M 1-2 General Industrial P-1 Planning Co mission 26. 2019 Agenda Item 2 19-6768 Fleet Truck Wash Page 8 of 9 Agenda Item 2 19-6768 Fleet Truck Wash Page 9 of 9 RECEIVED OCT 0 4 2019 NORTHWEST ARKANSAS (OMWK� vemo crabTaQW 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. 6233 Was inserted in the Regular Edition on: September 26, 2019 Publication Charges: 89.70 Cathy t ffs UJ Subscribed and sworn to before me This --'V day of 5�2019. av,- Notary Public J My Commission Lxpires: CATHY WILES Arkansas - Benton County Notary Public - Comm#i 12397118 My Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6233 File Number: 2019-0553 VAC 19-6768 (SE OF ARMSTRONG AVE. & HAPPY HOLLOW RD./FAY. FLEET): AN ORDINANCE TO APPROVE VAC 19- 6768 FOR PROPERTY LOCATED SOUTHEAST OF SOUTH ARMSTRONG AVENUE AND HAPPY HOLLOW ROAD TO VACATE A PORTION OF A GENERAL 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 general utility easement is not required for corporate NOW, THEREFORE, BE 1T 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 general utility easement as described in Exhibit B attached to the Planning Department's agenda 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 9/17/2019 Approved: Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 75096233 Sept. 26, 2019