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HomeMy WebLinkAboutORDINANCE 6265F FAy ETT L� 4RKANS PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6265 File Number: 2019-0795 VAC 19-6888 (3825 N. SHILOH DR./BLEW & ASSOCIATES): IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 018967990004 Type' RE ORDINANCE at 03;38:49 PM Kind: , 12/20/2019 4 Recorded. 00 page i of Fee Amt: n G Clerk County. AR �� Washington �_OOO�� Kyle gvlveister Circuit File2o 1 AN ORDINANCE TO APPROVE VAC 19-6888 FOR PROPERTY LOCATED AT 3825 NORTH SHILOH DRIVE 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 following conditions: 1. That any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 10 -foot by 20 -foot utility easement shall be dedicated and centered on the existing transformer on-site. Page 1 Printed on 12/5/19 File Number.• 2019-0795 Ordinance 6265 3. The applicant shall show on the easement vacation plat the 4 -inch gas distribution main line along Shiloh Drive. PASSED and APPROVED on 12/3/2019 `01111111111 r CLE R K T jO✓ Attest: `��`v�y'• CITy • • `� O •s. • q =v • y��F�l� E � � . 4 N S P5 . Al���,. Kara Paxton, City Clerk Treasuri;TON C p4111111110 v;oo`� Page 2 Printed on 1215119 9 .J VAC 19-6888 BLEW & ASSOCIATES EXHIBIT'A' Close Up View 19-6888 i r JC -2 J! i Subject Property —�O -- - - --= 1 0 I R0 I - P-1 I� WO O „nN Ps��� - NORTH Legend Planning Area Residential -Office Fayetteville City Limits 0 C-2 Feet —. - Shared Use Paved Trail Q P-1 Design Overlay District 0 112.5 225 450 675 900 C Building Footprint 1 1 inch = 300 feet BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS EXHIBITS' 19-6888 AS -SURVEYED DESCRIPTION 20' EASET\IENT VACATION A PORTION OF A 20' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 2, SPRING PARK SUBDIVISION, PHASE II, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT RECORD BOOK 12A, PAGE 49, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF LOT 2 OF SAID SPRING PARK SUBDIVISION, PHASE II, THENCE S87°11'01"E 20.00' TO THE TRUE POINT OF BEGINNING. THENCE NO2047'23"E A DISTANCE OF 20.00'; THENCE S87°11'01"E A DISTANCE OF 7.14; THENCE S70029'24"E A DISTANCE OF 164.14'; THENCE N87°11'28" W A DISTANCE OF 69.59'; THENCE N70°29'24"W A DISTANCE OF 94.55'; THENCE N87°11'01 "W A DISTANCE OF 4.19' TO THE POINT OF BEGINNING; CONTAINING 0.062 ACRES MORE OR LESS. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 47 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 82- 1 8 83 Washington County, AR I certify this instrument was filed on 12/20/2019 03:38:49 PM and recorded in Real Estate File Number 20039164 Kyle Sylvester Cid it Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0795 Agenda Date: 12/3/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 VAC 1.9-6888 (3825.N. SHILOH DR./BLEW & ASSOCIATES): AN ORDINANCE TO APPROVE VAC 19-6888 FOR PROPERTY LOCATED AT 3825 NORTH SHILOH DRIVE TO VACATE A PORTION OF A GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 1.4-54-104 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 following conditions: 1. That any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 10 -foot by 20 -foot utility easement shall be dedicated and centered on the existing transformer on-site. 3. The applicant shall show on the easement vacation plat the 4 -inch gas distribution main line along Shiloh Drive. City of Fayetteville, Arkansas Page 1 Printed on 121412019 City of Fayetteville Staff Review Form 2019-0795 Legistar File ID 12/3/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 11/15/2019 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 19-6888: Vacation (3825 N. SHILOH DR./BLEW & ASSOCIATES, 174): Submitted by BLEW & ASSOCIATES, INC. for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL 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 Budget Impact: Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? 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 FAYETTEVILL'E ARKANSAS MEETING OF DECEMBER 3, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Harry Davis, Planner DATE: November 15, 2019 CITY COUNCIL MEMO SUBJECT: VAC 19-6888: Vacation (3825 N. SHILOH DR./BLEW & ASSOCIATES, 174): Submitted by BLEW & ASSOCIATES, INC. for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.62 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 19-6888 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. 2. A 10 -foot by 20 -foot utility easement shall be dedicated and centered on the existing transformer on-site. 3. 3. The applicant shall show on the easement vacation exhibit the 4 -inch gas distribution main line along Shiloh Drive. BACKGROUND: The subject property is located along Shiloh Drive south of Joyce Boulevard, near the interchange of College Avenue and the Fulbright Expressway. This lot was platted with the Spring Park subdivision and is currently developed with an office building under C-2, Commercial Thoroughfare zoning. DISCUSSION: At the November 12, 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 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC 19-6888 BLEW & ASSOCIATES Close Up View i i i iC-Z I 1 i Subject Property 1 I Y I 40 .z Q0 PSG�� Legend 4_- _-- Planning Area Fayetteville City Limits -- Shared Use Paved Trail Design Overlay District Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet EXHIBIT'A' 19-6888 Residential -Office Q C-2 P-1 fi 4 r' Q0 PSG�� Legend 4_- _-- Planning Area Fayetteville City Limits -- Shared Use Paved Trail Design Overlay District Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet EXHIBIT'A' 19-6888 Residential -Office Q C-2 P-1 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS EXHIBIT 'B' 19-6888 AS -SURVEYED DESCRIPTION 20' EASEMENT VACATION A PORTION OF A 20' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 2, SPRING PARK SUBDIVISION, PHASE II, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT RECORD BOOK 12A, PAGE 49, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF LOT 2 OF SAID SPRING PARK SUBDIVISION, PHASE II, THENCE S87°11'01"E 20.00' TO THE TRUE POINT OF BEGINNING. THENCE NO2047'23"E A DISTANCE OF 20.00; THENCE S87°11'01"E A DISTANCE OF 7.14; THENCE S70029'24"E A DISTANCE OF 164.14; THENCE N87'1 1'28"W A DISTANCE OF 69.59'; THENCE N70°29'24"W A DISTANCE OF 94.55'; THENCE N87011'01"W A DISTANCE OF 4.19' TO THE POINT OF BEGINNING; CONTAINING 0.062 ACRES MORE OR LESS. 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 47 9- 5 8 2- 1 8 8 3 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: November 12, 2019 UPDATED W PC RESULTS SUBJECT: VAC 19-6888: Vacation (3825 N. SHILOH DR./BLEW & ASSOCIATES, 174): Submitted by BLEW & ASSOCIATES, INC. for property located at 3825 N. SHILOH DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 2.62 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 19-6888 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 19-6888 to City Council with a recommendation for approval with the conditions as recommended by staff." BACKGROUND: The subject property is located along Shiloh Drive south of Joyce Boulevard, near the interchange of College Avenue and the Fulbright Expressway. This lot was platted with the Spring Park subdivision and is currently developed with an office building under C-2, Commercial Thoroughfare zoning. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoninq Direction Land Use Zoning North Commercial C-2, Commercial Thoroughfare South Undeveloped C-2, Commercial Thoroughfare; R -O, Residential Office West Commercial C-2, Commercial Thoroughfare East College Avenue AHTD ROW Proposal: The applicant proposes to vacate a portion of an existing utility easement to make way for a future building expansion. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, and franchise utility companies with the following responses: ii& Response Cox Communications No objections, provided any damage to or relocation of existing utilities/facilities are at the applicant's expense. AEP/SWEPCO No objections, provided a 10 -foot by 20 -foot utility easement is dedicated and centered - on the existing transformer on-site. BlackHills Energy AR No objections, provided the applicant locates in the field and shows on the easement vacation exhibit the 4 -inch distribution main line along Shiloh Drive. 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 No objections and no comment. Transportation No objections and no comment. Public Comment: No public comment as of writing this report. RECOMMENDATION: Staff recommends forwarding VAC 19-6888 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; and 2. A 10 -foot by 20 -foot utility easement shall be dedicated and centered -on the existing transformer on-site. 3. The applicant shall show on the easement vacation exhibit the 4 -inch gas distribution main line along Shiloh Drive. G:\ETC\Development Services Review\2019\Development Services\19-6888 VAC 3825 N. Shiloh Dr. (Blew & Assoc.) 174\ PLANNING COMMISSION ACTION: Required YES Date: November 12, 2019 O Tabled 0 Forwarded O Denied Motion: Winston Motion to forward to CC recommending approval as part of consent agenda Second: Belden Vote: 6-0-0 Motion passes BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map G:\ETC\Development Services Review\2019\Development Services\19-6888 VAC 3825 N. Shiloh Dr. (Blew & Assoc.) 174\ PETITION TO VACATE A (portion of an existing utility easement) LOCATED IN 3825 N. Shiloh Dr.), 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 utility easement hereinafter sought to be abandoned and vacated, lying in 3825 N. Shiloh Dr., City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of an existing utility easement which is described as follows: A PORTION OF A 20' UTILITY EASEMENT TO BE VACATED, BEING A PART OF LOT 2, SPRING PARK SUBDIVISION, PHASE II, CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT RECORD BOOK 12A, PAGE 49, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF LOT 2 OF SAID SPRING PARK SUBDIVISION, PHASE II, THENCE S87"11'01"E 20.00' TO THE TRUE POINT OF BEGINNING. THENCE NO2°47'23"E A DISTANCE OF 20.00'; THENCE S87°11'01"E A DISTANCE OF 7.14'; THENCE S70°29'24"E A DISTANCE OF 164.14'; THENCE N87°11'28"W A DISTANCE OF 69.59; THENCE N70°29'24"W A DISTANCE OF 94.55'; THENCE N87'11'01"W A DISTANCE OF 4.19' TO THE POINT OF BEGINNING; CONTAINING 0.062 ACRES MORE OR LESS That the abutting real estate affected by said abandonment of the above described utility easement are (parcel 765-18023-000) 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 the above described utility easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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, 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 . Dated this ., J day of lkl- , 20'_. Printed Signatu Y r.� \:VxSMn •JWYiV1,'VWaV yv1Ev R z o •npt=F 55�, i R I !y i I !b nn 5x5x � Bo ! o m=m eHilo �W�� 8aa7�z wqp °° I I W WD 7. szo$o"oaa o i� 20 'y� a� rgoo 7.P� EE}g�v iomd F1 1. P, °9�= s� Qd� 4„ S�StAa o�v $.0 ° a > F - cA°e� =tun �> o°a 'y oo ��<i of Fu�l� ts�� 5� �asl _ R'o 55 e 05 I — a I I 3 2 � F R . W. 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I I I rJ� W ss 00 !17 mss dg r� I j l I IsO+t®8 M9ob <HU coo <o F $ 27 97 I Ig 1 I i i §! �l ug '-'3 4 ;< CC7 1= ;= o i� o FO�' .x o g o : j J m 05 ���iia i a a , ' $`a8eo®©a ? a o Wo- -E5 € 8 5 ma3„ m maO $' ! 0 a a 9 5�t9q�tq°t� u m 7 < 5 a �ZvSs B B - B f 30< o G v_-,� Fy °G ;�_ ;_ � '^ I I I rJ� W ss o5 UBE mss dg r� I j l I IsO+t®8 M9ob <HU coo <o F $ VAC19-6888 BLEW & ASSOCIATES One Mile View A& NORTH - 1 0RTH1 0 0.125 0.25 0.5 Miles I RMF -12 I �p R -A C5 I �I 11 �f RMF -24 RPZD I � Ilo I� � I i LS ubject Property 40 1 W W i AN o AN'( V y,,•' ` LBRIGHj oho SNCL .r I RSF-4 R -O �Ieo �F]O.neniL M.%I -- RESIOENTIALSINOLEFAMILY EXTRACTION Legend ------ ----- om u COMA ssa COMI RCUIL Ont] �.m..tark. Planning Area +--- .W _ _ � �E•t FORM BASEO O6INIOTB _r z Fayetteville City Limits — — Shared Use Paved Trail CRSE.te Om--r�,e]e.rn.. RESIDENTIAL MULTIFAIALY k CwFa �Neb�e,ceee o,�rN.w� Niglio, Trail (Proposed) __- --, oANE.I] PLANNED ZONING pST]IICTS --- ; Planning Area = -'- oq°E'=o INSTTUTX]NAL Design Overlay District- �T-� INDUSTRAL O Fayetteville City Limits ----AL1 t w.vtm »m.u..<uoml mn .I VAC19-6888 BLEW & ASSOCIATES Close Up View i i iC_2 1 r' i Subject Property F j i e i 1 L0 p i r-1 i L. VAN �t. NORTH Legend Planning Area f Fayetteville City Limits Shared Use Paved Trail i _ 1 Design Overlay District Building Footprint Residential -Office Feet 0 C-2 [^] P-1 0 112.5 225 450 675 900 1 inch = 300 feet VAC 19-6888 BLEW & ASSOCIATES Current Land Use NORTH H Commercial o - Commercial J;J, r Subject Property (�'� C Q -tv Jco D --' o r o � l y J�� ,•rs- i �.. r y 4 L t _� Undeveloped �{ �u Streets Planned MSP Class - COLLECTOR Streets Existing MSP Class Feet © COLLECTOR Planning Area 0 35 70 140 210 A Fayetteville City Limits 1 inch = 100 feet L Design Overlay District 280 FEMA Flood Hazard Data r] 10o -Year Floodplain C— Floodway NoRTHWESTARKANSAS Democ (1�a�ettQ Ordinance: 6265 File Number: 2019-0795 C VAC 19-6888 (3825 N. SHILOH DR./BLEW & RECEI rORDINANCE TO APPROVE VAC 19- 6888 FOR PROPERTY LOCATED AT 3825 JAN Q $ 20NORTH SHILOH DRIVE TO VACATE A RTION OF A GENERAL UTILITY CITY OF CITY CL P.O. BOX 1607, AYETTE" I- LE, AR, 72702' d7?- 421700 > X:479 -C95-1118. ;'O's!W.NWA DGIC 0M AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6265 Was inserted in the Regular Edition on: December 12, 2019 Publication Charges: $ 102.70 WAUien Cathy St s Im Subscribed and sworn to before me This 31 day of DA -0- , 2019. Notary Public 2-1 My Commission Expires: ®�,tY RUSHER Notary Public —Arkansas Washington County Ccrnmissicn ,r 12703120 My 2 2028 Commissicr. ExpiresExpires F **NOTE** Please do not pay from Affidavit. Invoice will be sent. EREAS, the City Council has the authority er A.C.A. § 14-54-104 to vacate public g ounds 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 ofthis Ordinance duty 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 following conditions: 1. That any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. 2. A 10 -foot by 20 -foot utility easement shall be dedicated and centered on the existing transformer on-site. 3. The applicant shall show on the easement vacation plat the 4 -inch gas distribution main line along Shiloh Drive. PASSED and APPROVED on 12/3/2019 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75175944 Dec. 12, 2019