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Home My WebLink AboutORDINANCE 6234of FAYErpe 9RKa 05,PS`. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6234 File Number: 2019-0548 IIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII Doc ID: 018835920004 Type: REL Kind: ORDINANCE Recorded: 10/04/2019 at 11:22:06 AM Fee Amt: $30.00 Paqe 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2019-00030353 VAC 19-6775 (2621 E. MISSION BLVDJEAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD 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 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: 2019-0548 Ordinance 6234 Page 2 Attest: CITY vgye�eVi�(F.�, Lisa Branson, Deputy City Clerk11111111110%ON 0 Printed on 9119119 VAC 19-6775 Close Up View R -O GOLDENROD ST EAST MISSION COMMERCIAL Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint W Q C6 Z W N F- U CS Subject Prop RSF-4 PETUNIA CT C-1 EXHIBIT 'A' 19-6775 Feet 0 55 110 220 330 1 inch = 150 feet NORTH RSF-4 Residential -Office C-1 ■ qW C-2 440 = Community Services EXHIBIT 'B' 19-6775 PORTION OF EASEMENT 0023-301 TO BE VACATED PART OF TRACT B AS SHOWN ON SURVEY PLAT 2007-00033370, FAYETTEVILLE, ARKANSAS. COMMENCING AT THE NORTHEAST CORNER OF TRACT "B", SURVEY PLAT 2007-00033370; THENCE SOUTH 03°01'24" WEST A DISTANCE OF 61.57 FEET TO THE POINT OF BEGINNING,- THENCE EGINNING;THENCE ALONG THE EAST LINE OF SAID TRACT, SOUTH 03°01'24" WEST A DISTANCE OF 212.98 FEET; THENCE LEAVING SAID LINE NORTH 86°55'52" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 03°01'24" EAST A DISTANCE OF 212.99 FEET; THENCE SOUTH 86°54'19" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 10/04/2019 11:22:06 AM and recorded in Real Estate FileNumber 9-00030353 Kyle Sylve er - it u t Clerk by r City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 -I (479) 575-8323 Text File File Number: 2019-0548 Agenda Date: 9/17/2019 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C. 6 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19-6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD 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 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. City of Fayetteville, Arkansas Page 1 Printed on 911912019 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2019-0548 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/30/2019 Submitted Date Action Recommendation: CITY PLANNING (630) Division / Department VAC 19-6775: Vacation (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL, 371): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2621 E. MISSION BLVD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 2.62 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? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost 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 FROM: Jonathan Curth, Senior Planner DATE: August 30, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6775: Vacation (2621 E. MISSION BLVDJEAST MISSION COMMERCIAL, 371): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property located at 2621 E. MISSION BLVD. The property is zoned CS, COMMUNITY SERVICES and contains approximately 2.62 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6775 to City Council with a recommendation of approval and conditions based on the findings contained in this report. 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 2621 E. Mission Blvd. The property is zoned CS, Community Services and contains 2.60 acres. The request is to vacate a portion of a utility easement to allow future commercial development in the area (vacation exhibit attached). The portion of the easement to be vacated contains no existing utilities and will not affect the serviceability of adjacent parcels. 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. 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 VAC19-6775 EAST MISSION COMMERCIAL EXHIBIT 'A' Close Up View 19-6775 GOLDENROD ST x 0 U) z Lu N F - ,f MISSION BLV C-1 z J } H V) Legend ;- - - Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint R111-4 PETUNIA CT Feet 0 55 110 220 330 440 1 inch = 150 feet Ike:ii7 RSF-4 Residential -Office C-1 C-2 Community Services I EXHIBIT 'B' 19-6775 PORTION OF EASEMENT 0023-301 TO BE VACATED PART OF TRACT B AS SHOWN ON SURVEY PLAT 2007-00033370, FAYETTEVILLE, ARKANSAS. COMMENCING AT THE NORTHEAST CORNER OF TRACT "B", SURVEY PLAT 2007-00033370; THENCE SOUTH 03°01'24" WEST A DISTANCE OF 61.57 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE EAST LINE OF SAID TRACT, SOUTH 03°01'24" WEST A DISTANCE OF 212.98 FEET; THENCE LEAVING SAID LINE NORTH 86°55'52" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 03°01'24" EAST A DISTANCE OF 212.99 FEET; THENCE SOUTH 86°54'19" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. CITY OF WLe FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Abdul Rahman Ghous, Planner MEETING DATE: August 26, 2019 Updated 8.27.19 PC FWD SUBJECT: VAC 19-6775 - 2621 E. Mission Blvd. (East Mission Commercial) 371: Submitted by JOESPH FIFER, CRAFTON TULL for property located at 2621 E. MISSION BLVD. The property is zoned CS, Community Services and contains approximately 2.60 acres. The request is to vacate portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6775 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 19-6775 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located at 2621 E. Mission Blvd. The property is zoned CS, Community Services and contains 2.60 acres. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning North Commercial C-1, Neighborhood Commercial South Residential RSF-4, Residential Single -Family East Commercial C-1, Neighborhood Commercial West Commercial C-1, Neighborhood Commercial Proposal. The request is to vacate a portion of a utility easement to allow future commercial development in the area (vacation exhibit attached). The portion of the easement to be vacated contains no existing utilities and will not affect the serviceability of adjacent parcels. 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 Response Water/Sewer No objections and no comment. I Solid Waste & Recycling Transportation AT&T Black Hills Cox Ozark Electric SWEPCO Not applicable. Not applicable. No objections. No objections No objections. No objections and no comment. 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 19-6775 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: Auqust 26, 2019 O Tabled 0 Forwarded Motion: Winston Second: Johnson Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map Recommend Approval O Denied GAETC\Development Services Review\2019\Development Services\19-6775 VAC 2621 E. Mission Blvd. (East Mission Commercial) 371\03 Planning Commission\08-26-2019\Comments and Redlines Crafton Tull 0 architecture I engineering I surveying July 15, 2019 City of Fayetteville Attn: Planning Department 113 West Mountain St Fayetteville, AR 72701 Re: Easement Vacation 2621 E Mission Blvd. To whom it may concern, 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com We are requesting to vacate a portion of a utility easement located on the eastern side of a parcel (765-13339-000) located at 2621 East Mission Blvd in Fayetteville. The portion of the easement to be vacated contains no existing utilities and will not affect the serviceability of adjacent parcels. Utility company approval forms have been provided with this application. A Large Site Improvement Plan has been submitted along with this vacation application. Easements will be dedicated with this development to allow each proposed building and future building to be serviced as required. Please feel free to contact us if you have any questions. Sincerely, Joseph Fifer, PE Project Manager Crafton Tull PETITION TO VACATE UTILITY EASEMENT PETITION TO VACA'T'E A(N) EASEMENT LOCATED 1N 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 Tract "B", per Survey Plat 2007-00033370, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) easement which is described as follows: SEE ATTACHED DESCRIPTION That the abutting real estate affected by said abandonment of the easement are Tract "A", per Survey Plat 2007- 000333070, 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 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 alley. t Dated this�^aay of 1uwtC 20 11 , Mp- pRopelrie5, t_L r- AAAA- { CA?- 13th ; M Mlkibrs S l ka��tvtSCCfi Ef S s .t g P title ��kuRlrtTrN , Q£Stt3CT Printed Na 7 �� Signature GRAPHIC SCALE IN FEET EXHIBIT "A" @ASIS BEARING: ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 83 HORIZONTAL DATUM AND NGVO 29 VERTICAL DATUM DETERMINED BY GPS OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING THEIR 6 O O 60' PUBLISHED VALUES. THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE, SHAPE, AND LOCATION OF THE EASEMENT TO WHICH IT IS ATTACHED; THIS DRAWING IS NOT A PLAT OF SURVEY. 901 N. 47th St,. Suite 200 Rogers. Arkansas 72756 4�Crafton Tull 0 architecture I engineering I surveying POINT OF COMMENCEMENT S86° 23' 24"E MISSION 'SS NE CORNER OF 77.4 BLVD 02 39"E TRACT °B" PER SURVEY PLAT I---- 128.28' 2007-00033370 i---- / - 3 -- lyl I v —� U.E. 0023-301 S86 54' CD z U.E. 0023-301 20..0000'' N I — ACCESS EASEMENT 0023-301 P.O.B. I I PORTION OF U.E. 0023-301 TO BE VACATED cN 00 C1 I EAST PROPERTY LINE I TRACT "B" N 3 CD PER SURVEY PLAT 2007-00033370 Z CN _ o THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE, SHAPE, AND LOCATION OF THE EASEMENT TO WHICH IT IS ATTACHED; THIS DRAWING IS NOT A PLAT OF SURVEY. 901 N. 47th St,. Suite 200 Rogers. Arkansas 72756 4�Crafton Tull 0 architecture I engineering I surveying VAC 19-6775 One Mile View EAST MISSION COMMERCIAL 0 0 135 0-25 0.5 Miles NORTH ion" E%TRACTION "' RESIDENIIAI ; NGLE-FAMILY �E 1 - - -- at Re dq .1A91c,h,I COMMERCIAL ' RSF-ts s. IUI-0nce a Legend" RSF.x _ RSFI FORM BASED DISTRICTS 1 .1 !♦Dom Planning Area _ RSI -18 T,Coe � Rma,e 1 z z '0 Fayetteville City Limits RESIDENTIAL MULTI -FAMILY Ii RT -1 2 Resgen :� Tvro aw m�ee lamy RMF -6 ulan Sne.�eemer Dov,movm Senega ,.comm t - - - RMF.,xaoU , ery n Se r.ez Shared Use Paved Trail _ � R � _ _ _ _ _ _, RMF-xa Z. PLNNEDZONINGDIST PLANNED ZONING DISTRICTS Planning Area SRM`.'° ,.! Trail (Proposed) U NDSTR AL INSTITUTIONAL Fayetteville City Limits VAC19-6775 EAST MISSION COMMERCIAL Close Up View 0 z w N F= i MISSION M 137 GOLDENROD ST z J } F - Legend ' Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint PETUNIA CT Feet 0 55 110 220 330 1 inch = 150 feet 440 4& NORTH RSF-4 Residential -Office C-1 C-2 Community Services I " Commercial Streets Existing MSP Class PRINCIPAL ARTERIAL --ll Trail (Proposed) Planning Area Fayetteville City Limits A 9 € Single -Family Residential Feet 0 35 70 140 210 1 inch = 100 feet 280 to019T m 3Y � Vacr�t SC0 1 11`eIc al {§�� a' LY A f. Subject Fliopeity 9,,,,_J _ P .. i .... _ Streets Existing MSP Class PRINCIPAL ARTERIAL --ll Trail (Proposed) Planning Area Fayetteville City Limits A 9 € Single -Family Residential Feet 0 35 70 140 210 1 inch = 100 feet 280 to019T m 3Y � 7 � # FEMA Flood Hazard Data 100 -Year Floodplain Floodway RECEIVED OCT 0 4 2019 NORTHWEST ARKANSAS CITYCITOF FAYETT Y CLERKS OFFIICEE DemocratVawlazdtc 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. 6234 Was inserted in the Regular Edition on: September 26, 2019 Publication Charges: 88.40 Cathy St s Subscribed and sworn to before me This 30 day of �, 2019. �A_� Vv�& Notary Public My Commission Expires: X(2,0174)14 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: 6234 File Number: 2019-0548 VAC 19-6775 (2621 E. MISSION BLVD./EAST MISSION COMMERCIAL): AN ORDINANCE TO APPROVE VAC 19- 6775 FOR PROPERTY LOCATED AT 2621 EAST MISSION BOULEVARD TO VACATE A PORTION OF A GENERAL UTILITY 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 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/developers expense. PASSED and APPROVED on 9/17/2019 Approved: Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 75096241 Sept. 26, 2019